Title
Ann Arbor City Council Minutes Regular Session - February 20, 2007
Body
Mayor John Hieftje called the regular session of the Ann Arbor City Council to order at 7:10 p.m. in the City Hall Council Chamber, 100 N. Fifth Ave, Ann Arbor, Michigan.
Council stood for a moment of silence.
Mayor Hieftje led Council in the recitation of the Pledge of Allegiance.
ROLL CALL OF COUNCIL
PRESENT : Councilmembers Ronald Suarez, Robert M. Johnson, Joan Lowenstein, Stephen Rapundalo, Stephen Kunselman, Leigh Greden, Margie Teall, Marcia Higgins, Christopher Easthope, Wendy A. Woods, Mayor John Hieftje, 11.
ABSENT : 0.
APPROVAL OF AGENDA
AGENDA APPROVED WITH CHANGES
Councilmember Johnson moved, seconded by Councilmember Teall, that the agenda be approved as presented.
INTRODUCTIONS
PROCLAMATION IN MEMORY OF NORRIS J. THOMAS, JR.
Mayor Hieftje read a proclamation in memory of Norris J. Thomas, Jr., a former councilmember of the City of Ann Arbor. William Hampton and Dawn VanHelk received the proclamation on his behalf. A copy of the proclamation is on file in the City Clerk's Office.
PUBLIC COMMENTARY - RESERVED TIME
JIM GRIFFIN - STREET CLOSING FOR THE ARENA'S NCAA BASKETBALL TOURNAMENT
Jim Griffin, executive director of Ann Arbor Live, 106 E. Liberty, spoke in support of the proposed basketball tournament scheduled at The Arena on March 17, 2007. He added that the event that The Arena wants to continue to host is a positive contribution to the downtown of Ann Arbor and consistent with other street events supported by the Council.
JEFF KAHAN - CITY EMERGENCY RESPONSE REIMBURSEMENT
Jeff Kahan, 735 Fountain St., presented an idea to Council for the recapturing of some City expenditures related to the cost of providing emergency services due to downed power lines as a result of weather conditions and other occasional failure to DTE power lines/systems. He proposed that Council direct appropriate service areas to establish either a Franchise Agreement to cover City costs associated with utility lines, in public right-of-ways or establish a billing system with DTE to recapture emergency expenses related to their system.
HERSHAL BROWN - POLICE CUTBACKS
Hershal Brown, 1545 Kuhenkle, expressed concern with the proposed crime prevention program cutbacks within the Police Department. He said that the cutbacks would entail the loss of Neighborhood Watch, Weekly Crime Bulletin, home security surveys, Operation Identification, Night Owl School Watch and children and senior programs. He asked Council to think carefully about approving cutbacks in Ann Arbor's Police Department.
PUBLIC HEARINGS
BOUTSIKAKIS/MARKER ZONING (ORDINANCE NO. 1-07)
A public hearing was conducted on the proposed amendment to Chapter 55, rezoning of 0.16 acre from TWP (Township District) to R1C (Single-Family Dwelling District), Boutsikakis/Marker property, located at 2610 Dexter Road. Notice of public hearing was published February 4, 2007.
There being no one present for comment, the Mayor declared the hearing closed.
MCKINLEY EXECUTIVE CENTER SELF STORAGE SITE PLAN
A public hearing was conducted on the proposed resolution to approve the McKinley Executive Center Self Storage Site Plan, 4.47 acres, located at 2245 S. State Street. Notice of public hearing was published February 11, 2007.
Frances Todoro-Hargreaves, representing McKinley Associates, explained the proposed storage site plan to Council and stated she was available to answer any questions.
There being no further comment, the Mayor declared the hearing closed.
PLYMOUTH ROAD PLAZA PLANNED PROJECT SITE PLAN
A public hearing was conducted on the proposed resolution to approve the Plymouth Road Plaza Planned Project Site Plan, 1 acre, located on the north side of Plymouth Road between Nixon Road and Huron Parkway. Notice of public hearing was published February 11, 2007.
Jack Edlstein, developer of the project, was available to answer questions of Council. He read electronic messages from supporters of the project.
The following people spoke in opposition of the proposed site plan, expressing concerns with the proposed parking associated with the plan:
Richard Robal, speaking on behalf of Bella Vino
Lewis Ferris, owner of Bella Vino
Jennifer Ferris, speaking on behalf of Bella Vino
Wendy Carman, 2340 Georgetown
John Wiseman, 3226 Rumsey Dr.
Bill Hanna, 2163 Ardenne Dr.
Eileen Zick
Lisa Lasso
Warren Attarian, 3490 Gettysburg
Vickie Boteck asked that Council consider the concerns of existing businesses.
Sahba La'al, 1450 Jones Dr., architect for the project, read an email message from Jonathan Levin in support of the proposed site plan.
Jeff Hutton, property manager of Plymouth Mall, presented photos of the current site on Plymouth Road and spoke in support of the proposed site plan.
There being no further comment, the Mayor declared the hearing closed.
200 SOUTH ASHLEY STREET SITE PLAN
A public hearing was conducted on the proposed resolution to approve the 200 South Ashley Street Site Plan, 0.11 acre. Notice of public hearing was published February 11, 2007.
There being no one present for comment, the Mayor declared the hearing continued until the time that the site plan is brought to Council for consideration.
200 SOUTH ASHLEY STREET BROWNFIELD PLAN
A public hearing was conducted on the proposed resolution to approve the 200 South Ashley Street Brownfield Plan. Notice of public hearing was published February 11, 2007.
There being no one present for comment, the Mayor declared the hearing continued until the time that the site plan is brought to Council for consideration.
FY 2008-2013 CAPITAL IMPROVEMENTS PLAN
A public hearing was conducted on the proposed resolution to approve the FY 2008-2013 Capital Improvements Plan. Notice of public hearing was published February 11, 2007.
Karen Sidney, 100 Longman Lane, spoke in opposition of the proposed Capital Improvements Plan.
Kathy Griswold, 3565 Fox Hunt, addressed Council regarding improvements to Huron Parkway near the entrance to Huron High School and asked that this improvement be addressed in the Capital Improvements Plan.
Bill Hanna, 2163 Ardenne, explained that he witnessed three accidents at the Huron Parkway entrance to Huron High School.
Glen Thompson, 100 Longman Lane, spoke in opposition of the proposed CIP Plan.
There being no further comment, the Mayor declared the hearing closed.
COUNCIL PROPOSED BUSINESS
None.
COMMUNICATIONS FROM COUNCIL
COUNCILMEMBER KUNSELMAN
Councilmember Kunselman announced that his resolution to reduce ice rink fees at City parks was voted down by the Parks Advisory Commission and will not be coming forward to City Council for consideration.
COUNCILMEMBER RAPUNDALO
Councilmember Rapundalo announced that the Ann Arbor SPARK Committee is planning to have a semi-annual Reporting Out meeting on March 22, 2007 from 7-9:30 p.m. for area elected officials.
REPORTS FROM COUNCIL COMMITTEES
None.
APPROVAL OF COUNCIL MINUTES
MINUTES OF FEBRUARY 5, 2007 APPROVED
Councilmember Higgins moved, seconded by Councilmember Woods, that the regular session minutes of February 5, 2007 be approved as presented.
On a voice vote, the Mayor declared the motion carried.
CONSENT AGENDA
CONSENT AGENDA ITEMS APPROVED
Councilmember Greden moved, seconded by Councilmember Rapundalo, that the following Consent Agenda items be approved as presented:
R-45-2-07 APPROVED
RESOLUTION to Approve a 2007 Spring Tree Team Planting Contract with Global ReLeaf of Michigan, Inc.
Whereas, The emerald ash borer has devastated the tree population by as many as 10,000 tree losses within the City, including street trees in City rights-of-way;
Whereas, As a part the EAB restoration strategy, the citizen volunteer Tree Team program was developed to involve citizens in the re-planting of street trees on their streets;
Whereas, The City will partner with Global ReLeaf of Michigan to coordinate, educate and manage these volunteer Tree Teams;
Whereas, Global ReLeaf will also assist in securing and processing donations from area corporations and businesses to support Tree Team plantings;
Whereas, Funds for this program are budgeted in the Public Services, Field Operations, FY 06/07 General and Elizabeth Dean Fund operating budgets; and
Whereas, Human Rights Approval for Global ReLeaf of Michigan was received March 29, 2006;
RESOLVED, That City Council approves a contract for the 2007 Spring Tree Team Planting with Global ReLeaf for $41,250.00; and
RESOLVED, That the Mayor and City Clerk be authorized to sign the contract, subject to approval as to substance by the City Administrator and approval as to form by the City Attorney.
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R-46-2-07 APPROVED
RESOLUTION to Approve an Agreement
with Detroit Edison for Reimbursement of Costs
for a Geotechnical Investigation, Foundation Design and
Cost Proposal for the Relocation of High Voltage Power Lines
at the Ann Arbor Wastewater Treatment Plant
Whereas, Renovations to the Wastewater Treatment Plant (WWTP) include demolition and replacement of the oldest portions of the plant;
Whereas, Relocation of Detroit Edison high voltage power lines is necessary in order to demolish and construct facilities adjacent to and under the power lines;
Whereas, Implementing construction without relocating the lines introduces significant health and safety risks, increases the risk of power loss to the WWTP during construction, increases construction costs and restricts the placement and sizing of process equipment;
Whereas, The WWTP needs Detroit Edison to collect geotechnical information, design foundations and provide a cost proposal to relocate its high voltage power poles and overhead power lines; and
Whereas, The WWTP renovations are identified in the City of Ann Arbor WWTP Facilities Master Plan and included in the approved FY 05/10 and 06/11 Capital Improvements Plans;
RESOLVED, That Council approve an agreement with Detroit Edison to reimburse it $50,000.00 for its costs to collect geotechnical information, design foundations and provide a cost proposal to relocate its high voltage power poles and overhead power lines for the WWTP;
RESOLVED, That Council approve the agreement for the life of the project with funds to be available until expended without regard to fiscal year;
RESOLVED, That the Mayor and City Clerk be authorized to execute the agreement after approval as to substance by the City Administrator and approval as to form by the City Attorney; and
RESOLVED, That the agreement be funded from the proceeds of the Sewer Revenue Bonds Series XIX, sold in the spring of 2004.
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R-47-2-07 APPROVED
RESOLUTION to Authorize the Purchase of UPM High Performance Cold Patch Bid No. 3665 Barrett Paving Materials Inc.
Whereas, The UPM High Performance material is used to maintain the road surface after water main and sanitary sewer main breaks, and for pothole repairs;
Whereas, Of the bids received on April 2004 to supply UPM High Performance Cold Patch per Bid No. 3665, Barrett Paving Materials, Inc. submitted the lowest bid;
Whereas, Barrett Paving Materials Inc., received Human Rights approval on July 20, 2006 and meets the Ann Arbor Living Wage Ordinance;
RESOLVED, That Council accept Barrett Paving Materials Inc. bid of $62.51/ton for UPM High Performance Cold Patch in accordance with the terms of Bid No. 3665; and
RESOLVED, That the purchase of UPM High Performance Cold Patch will be funded from the Water Supply System and the Major and Local Street Fund Operating Budget.
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R-48-2-07 APPROVED
RESOLUTION to Approve a Purchase Order to Visionair, Inc. for Visionair's Computer-Aided Dispatch and Mobile Software and Maintenance for an Additional 6 Months, January - June 2007
Whereas, The City of Ann Arbor has seen significant benefit in the consolidation of separate dispatch centers into one and being able to use a single system for dispatching Police and Fire services and has enabled mobile access to vital information;
Whereas, The City of Ann Arbor is granted the proper license agreement to use, modify, and update the applications;
Whereas, The City staff is granted support for problem resolution and general use issues for the applications;
Whereas, The City is granted access to all updates and changes to the applications by VisionAIR, Inc., without additional charges;
Whereas, Funding for these purchases is available through the Information Technology Fund; and
Whereas, VisionAIR, Inc. received Human Rights and Living Wage compliance approval August 21, 2006;
RESOLVED, That City Council approve issuance of a purchase order for VisionAIR, Inc., to invoice the months of January through June of the 2006-2007 fiscal year, in the amount $28,299.64 to maintain VisionAIR's maintenance and support agreement;
RESOLVED, That the City Administrator be authorized to take all necessary actions to implement this resolution.
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R-49-2-07 APPROVED
RESOLUTION to Accept Board of Insurance Administration Meeting Minutes of November 17, 2006
RESOLVED, That the attached Board of Insurance Administration Minutes of
November 17, 2006 be accepted and that the recommended course of action therein, including payments, be approved and authorized.
MINUTES
CITY OF ANN ARBOR BOARD OF INSURANCE ADMINISTRATION
NOVEMBER 17, 2006
PRESENT: Joan Lowenstein, Councilmember
Matthew Horning, City Treasurer
Robert West, Assistant City Attorney
Jack Tallerico, Arthur J. Gallagher & Co.
Abigail Elias, Chief Assistant City Attorney
Sarah Singleton, Management Assistant
OLD BUSINESS
None
NEW BUSINESS
Subrogation Claim - TPA received min-tort for claim
CC058-06 Jessie Rogers
Vehicle Damage
Discussed by Sarah Singleton, Management Assistant
CLAIMS APPROVED BY INSURANCE BOARD
CC074-06 Joyce Hansen
Property Damage
Discussed by Sarah Singleton, Management Assistant
CC060-06 Detroit Edison
Property Damage
Discussed by Sarah Singleton, Management Assistant
CC076-06 Thomas Segall
Vehicle Damage
Discussed by Sarah Singleton, Management Assistant
CLAIMS DENIED BY INSURANCE BOARD
CC073-06 Lisa Torsiello
Vehicle Damage
Discussed by Sarah Singleton, Management Assistant
CLAIMS APPROVED BY CHIEF FINANCIAL OFFICER
CC070-06 Perry Nursery School of Ann Arbor
Property Damage
Discussed by Sarah Singleton, Management Assistant
CC075-06 Hugh Short
Property Damage
Discussed by Sarah Singleton, Management Assistant
CLAIMS DENIED BY CHIEF FINANCIAL OFFICER
CC072-06 Frederic Leavitt
Vehicle Damage
Discussed by Sarah Singleton, Management Assistant
Prepared by: Sarah Singleton, Management Assistant
Date: February 20, 2007
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R-50-2-07 APPROVED
RESOLUTION to Accept Board of Insurance Administration Meeting Minutes of December 15, 2006
RESOLVED, That the attached Board of Insurance Administration Minutes of January 26, 2007 be accepted and that the recommended course of action therein, including payments, be approved and authorized.
MINUTES
CITY OF ANN ARBOR BOARD OF INSURANCE ADMINISTRATION
JANUARY 26, 2007
PRESENT: Joan Lowenstein, Councilmember
Matthew Horning, City Treasurer
Robert West, Assistant city Attorney
Sarah Singleton, Management Assistant
OLD BUSINESS
None
NEW BUSINESS
Cresson Slotten discussed:
· Property damage claims surrounding Easy Street project
CLAIMS DENIED BY INSURANCE BOARD
CC082-06 Mark Scott and Margaret Brody
Property Damage
Discussed by Sarah Singleton, Management Assistant
CC083-06 Michigan Consolidated Gas
Property Damage
Discussed by Sarah Singleton, Management Assistant
CC003-07 DTE
Property Damage
Discussed by Sarah Singleton, Management Assistant
CLAIMS APPROVED BY CHIEF FINANCIAL OFFICER
CC085-06 Iris L. Floyd
Property Damage
Discussed by Sarah Singleton, Management Assistant
CLAIMS DENIED BY CHIEF FINANCIAL OFFICER
CC029-06 William Barnett
Vehicle Damage
Discussed by Sarah Singleton, Management Assistant
CC002-07 Mary Duerksen
Personal Injury
Discussed by Sarah Singleton, Management Assistant
Prepared by: Sarah Singleton, Management Assistant
Date: February 20, 2007
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R-51-2-07 APPROVED
RESOLUTION to Accept Board of Insurance Administration Meeting Minutes of January 26, 2007
RESOLVED, That the attached Board of Insurance Administration Minutes of December 15, 2006 be accepted and that the recommended course of action therein, including payments, be approved and authorized.
MINUTES
CITY OF ANN ARBOR BOARD OF INSURANCE ADMINISTRATION
DECEMBER 15, 2006
PRESENT: Joan Lowenstein, Councilmember
Matthew Horning, City Treasurer
Robert West, Assistant City Attorney
Jack Tallerico, Arthur J. Gallagher & Co.
Abigail Elias, Chief Assistant City Attorney
Sarah Singleton, Management Assistant
OLD BUSINESS
APPEAL
Denied
CC072-06 Frederic Leavitt
Vehicle Damage
Discussed by Sarah Singleton, Management Assistant
Approved
CC076-06 Thomas Segall
Vehicle Damage
Discussed by Sarah Singleton, Management Assistant
NEW BUSINESS
CLAIMS DENIED BY INSURANCE BOARD
CC077-06 Ronald Randall, Jr.
Property Damage
Discussed by Sarah Singleton, Management Assistant
CC079-06 State Farm Subrogation for Bonnie Proffitt
Vehicle Damage
Discussed by Sarah Singleton, Management Assistant
CC081-06 William Kelsay
Property Damage
Discussed by Sarah Singleton, Management Assistant
CLAIMS APPROVED BY CHIEF FINANCIAL OFFICER
None
CLAIMS DENIED BY CHIEF FINANCIAL OFFICER
CC078-06 Tim Sieczka
Vehicle Damage
Discussed by Sarah Singleton, Management Assistant
CC080-06 Pam Silva
Property Damage
Discussed by Sarah Singleton, Management Assistant
Prepared by: Sarah Singleton, Management Assistant
Date: February 20, 2007
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R-52-2-07 APPROVED
RESOLUTION to Approve Housing Rehabilitation Agreement with Gwendolyn Morris for 916 Gott Street
Whereas, An application was received from Gwendolyn Morris for rehabilitation assistance for her home located at 916 Gott Street;
Whereas, The homeowner meets the City's criteria for participation in the Housing Rehabilitation Program; and
Whereas, six bids were received on January 11, 2007, and Ms. Morris will be executing an agreement with J&S Properties, the lowest responsible bidder, who has Human Rights and Living Wage Approval, to complete the rehabilitation work;
RESOLVED, That City Council approve the Housing Rehabilitation Agreement with Gwendolyn Morris in the amount of $32,898.00 in CDBG Funds as a 0% interest, deferred payment loan, to be repaid in full after 30 years or at the time the property changes ownership either by sale, gift, mortgage, land contract, conversion to rental property, inheritance, or change of the use of the property from a single-family residence;
RESOLVED, That the Mayor and City Clerk be authorized and directed to execute a Housing Rehabilitation Agreement with Gwendolyn Morris consistent with this resolution, subject to approval as to substance by the City Administrator and approval as to form by the City Attorney with funds to be available without regard to fiscal year;
RESOLVED, That as a condition of loan disbursement, Gwendolyn Morris will execute a mortgage and promissory note, subject to approval as to substance by the City Administrator and approval as to form by the City Attorney; and
RESOLVED, That the City Administrator, or his designee, be authorized to take necessary administrative actions and to execute any documents necessary to complete this transaction and to implement this resolution.
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R-53-2-07 APPROVED
RESOLUTION to Approve Housing Rehabilitation Agreement with Joan M. Bow for 1127 Gott Street
Whereas, An application was received from Joan M. Bow for rehabilitation assistance for her home located at 1127 Gott Street;
Whereas, The homeowner meets the City's criteria for participation in the Housing Rehabilitation Program;
Whereas, That on January 18, 2007, the Community Development Waiver and Review Board approved a request to waive the maximum program assistance amount from $32,800.00 to $45,760.00 to complete the housing rehabilitation work at 1127 Gott Street; and
Whereas, Eight bids were received on December 28, 2006, and Ms. Bow will be executing an agreement with B. R. Stouffer, the lowest responsible bidder, who has Human Rights and Living Wage Approval, to complete the rehabilitation work;
RESOLVED, That City Council approve the Housing Rehabilitation Agreement with Joan M. Bow in the amount of $45,760.00 in CDBG Funds as a 0% interest, deferred payment loan, to be repaid in full after 30 years or at the time the property changes ownership either by sale, gift, mortgage, land contract, conversion to rental property, inheritance, or change of the use of the property from a single-family residence;
RESOLVED, That the Mayor and City Clerk be authorized and directed to execute a Housing Rehabilitation Agreement with Joan M. Bow consistent with this resolution, subject to approval as to substance by the City Administrator and approval as to form by the City Attorney with funds to be available without regard to fiscal year;
RESOLVED, That as a condition of loan disbursement, Joan M. Bow will execute a mortgage and promissory note, subject to approval as to substance by the City Administrator and approval as to form by the City Attorney; and
RESOLVED, That the City Administrator, or his designee, be authorized to take necessary administrative actions and to execute any documents necessary to complete this transaction and to implement this resolution.
The question being the foregoing Consent Agenda items as presented, on a voice vote, the Mayor declared the motion carried.
ORDINANCES - SECOND READING
1-07 APPROVED
BOUTSIKAKIS/MARKER ZONING
(2610 DEXTER ROAD)
An Ordinance to Amend the Zoning Map Being a Part of
Chapter 55 of Title V of the Code of the City of Ann Arbor
This ordinance would change the zoning of 0.16 acre, located at 2610 Dexter Road, from TWP (Township District) to R1C (Single-Family Dwelling District). (The complete text of Ordinance 1-07 is on file in the City Clerk's Office.)
Councilmember Woods moved, seconded by Councilmember Johnson, that the ordinance be adopted at second reading.
On a voice vote, the Mayor declared the motion carried.
ORDINANCES - FIRST READING
5-07 APPROVED
CRISLER ZONING
(2999 OVERRIDGE DRIVE)
An Ordinance to Amend the Zoning Map Being a Part of
Chapter 55 of Title V of the Code of the City of Ann Arbor
This ordinance would change the zoning of 2.82 acres, located at 2999 Overridge Drive, from TWP (Township District) to R1A (Single-Family Dwelling District). (The complete text of Ordinance 5-07 is on file in the City Clerk's Office.)
Councilmember Johnson moved, seconded by Councilmember Lowenstein, that the ordinance be approved at first reading.
On a voice vote, the Mayor declared the motion carried.
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6-07 APPROVED
ASHLEY MEWS ZONING
(414 SOUTH MAIN STREET)
An Ordinance to Amend the Zoning Map Being a Part of
Chapter 55 of Title V of the Code of the City of Ann Arbor
This ordinance would change the Ashley Mews zoning located at 414 South Main Street, from Existing PUD (Planned Unit Development) Supplemental Regulations to Revised PUD Supplemental Regulations. (The complete text of Ordinance 6-07 is on file in the City Clerk's Office.)
Councilmember Woods moved, seconded by Councilmember Higgins, that the ordinance be approved at first reading.
On a voice vote, the Mayor declared the motion carried with one no-vote made by Councilmember Rapundalo.
MOTIONS AND RESOLUTIONS
R-54-2-07 APPROVED
RESOLUTION Establishing City Council Ad-Hoc Liquor
License Award Committee
Whereas, The City of Ann Arbor has been awarded one new Class C liquor license (the "liquor license") from the State of Michigan Liquor Control Commission;
Whereas, State law requires the City of Ann Arbor to administer the award of the liquor license;
Whereas, The City Council Administration Committee, which is responsible for administration of liquor licenses within the City of Ann Arbor, recommends that the City Council establish an ad-hoc committee consisting of four City Council members to develop a process and application for awarding the liquor license and make a recommendation to City Council on awarding the liquor license;
RESOLVED, That an ad-hoc committee, known as the City Council Ad-Hoc Liquor License Award Committee, is established to develop a process and application for awarding the liquor license;
RESOLVED, That the Ad-Hoc Liquor License Award Committee shall consist of four City Council members, to be appointed by the Mayor;
RESOLVED, That the Ad-Hoc Liquor License Award Committee shall issue a recommendation to City Council on awarding the liquor license on or before July 1, 2007, and shall thereafter be immediately dissolved.
Councilmember Higgins moved, seconded by Councilmember Easthope, that the resolution be adopted.
On a voice vote, the Mayor declared the motion carried.
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R-55-2-07 APPROVED
RESOLUTION to Approve McKinley Executive
Center Self Storage Site Plan
Whereas, McKinley has requested site plan approval in order to construct eight one-story self-storage buildings totaling 27,900 square feet and a 20,650-square foot gravel area for outdoor vehicle storage at 2245 South State Street;
Whereas, The Ann Arbor City Planning Commission, on January 18, 2007, recommended approval of said request;
Whereas, The contemplated development will comply with all applicable state, local and federal law, ordinances, standards and regulations;
Whereas, The development would limit the disturbance of natural features to the minimum necessary to allow a reasonable use of the land, applying criteria for reviewing a natural features statement of impact set forth in Chapter 57; and
Whereas, The development would not cause a public or private nuisance and would not have a detrimental effect on the public health, safety or welfare;
RESOLVED, That City Council approve the McKinley Executive Center Self Storage Site Plan.
A communication was received from the City Planning Commission transmitting its recommendation of approval of the proposed Approve McKinley Executive Center Self Storage Site Plan, 4.47 Acres, located at 2245 South State Street.
Councilmember Teall moved, seconded by Councilmember Kunselman, that the resolution be adopted.
Councilmember Greden recused himself from voting and discussion on this resolution due to conflict of interest.
On a voice vote, the Mayor declared the motion carried.
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R-56-2-07 APPROVED
RESOLUTION TO APPROVE FY 2008-2013 Capital Improvements Plan
Whereas, Section 1:185 of the Ann Arbor City Code requires that the City Planning Commission annually prepare a Capital Improvements Program (CIP) for the ensuing six fiscal years;
Whereas, The Capital Improvements Program consists of a Capital Improvements Plan and Budget;
Whereas, The FY2008-2013 Capital Improvements Plan, which was prepared through a CIP Review Subcommittee and by the efforts of the Public Services Area, Financial Services Area and Community Services Area, was submitted to the Ann Arbor City Planning Commission for consideration;
Whereas, A duly-noticed public hearing was held by the City Planning Commission on January 18, 2007; and
Whereas, The City Planning Commission adopted the Capital Improvements Plan at its meeting of January 18, 2007, and also recommended that Council approve the document and use it as a guide in funding priority capital projects consistent with the plan;
RESOLVED, That City Council hereby approves the FY2008-2013 Capital Improvements Plan.
A communication was received from the City Planning Commission transmitting its recommendation of approval of the proposed Resolution to approve the FY 2008-2013 Capital Improvements Plan.
Councilmember Johnson moved, seconded by Councilmember Lowenstein, that the resolution be adopted.
On a voice vote, the Mayor declared the motion carried.
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R-57-2-07 APPROVED
RESOLUTION TO APPROVE Plymouth Road Plaza
Planned Project Site Plan
Whereas, Plymouth Road Plaza Associates has requested site plan approval in order to construct a 20,781-square foot, two-story building containing retail and bank use on the first level and office use on the second level on the north side of Plymouth Road between Nixon Road and Huron Parkway;
Whereas, Plymouth Road Plaza Associates has requested planned project modifications from the front setback requirement of Chapter 55 (Zoning);
Whereas, The Ann Arbor City Planning Commission, on January 4, 2007, recommended approval of said requests;
Whereas, The contemplated development will comply with all applicable state, local and federal law, ordinances, standards and regulations;
Whereas, The development would limit the disturbance of natural features to the minimum necessary to allow a reasonable use of the land, applying criteria for reviewing a natural features statement of impact set forth in Chapter 57; and
Whereas, The development would not cause a public or private nuisance and would not have a detrimental effect on the public health, safety or welfare;
RESOLVED, That City Council approve the Plymouth Road Plaza Site Plan and planned project modifications from the front setback requirement of Chapter 55, subject to sanitary sewer system mitigation equivalent to the disconnection of one footing drain before certificate of occupancy issuance and to the recording of a formal parking easement for 17 parking spaces prior to issuance of building permits.
A communication was received from the City Planning Commission transmitting its recommendation of approval of the proposed Plymouth Road Plaza Planned Project Site Plan, 1.0 Acre, located on the north side of Plymouth Road between Nixon Road and Huron Parkway.
Councilmember Lowenstein moved, seconded by Councilmember Teall, that the resolution be adopted.
Councilmember Johnson requested that the petitioner commit to apply for LEED-Retail certification and include this commitment as part of the development agreement.
The petitioner agreed with this request.
Councilmember Rapundalo moved, seconded by Councilmember Teall, to postpone the resolution until March 5, 2007.
The Mayor declared a recess at 9:31 p.m. and reconvened the meeting at 9:46 p.m.
The motion to postpone the resolution was withdrawn.
The question being the resolution as originally presented, on roll call, the vote was as follows:
Yeas, Councilmembers Kunselman, Teall, Higgins, Woods, Suarez, Johnson, Lowenstein, 7;
Nays, Councilmembers Rapundalo, Easthope, Greden, Mayor Hieftje, 4.
The Mayor declared the motion carried.
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R-58-2-07 APPROVED
Resolution to Approve Schultz Annexation
Whereas, The territory hereinafter described is located in the Township of Ann Arbor and is adjacent to the corporate limits of the City of Ann Arbor;
Whereas, Schultz Holdings LLC is the owner of said property; and
Whereas, It is the desire of Schultz Holdings LLC to annex said territory to the City of Ann Arbor, pursuant to the provisions of Act 279 of the Public Acts of the State of Michigan for the year 1909, as amended;
RESOLVED, That the following described lands and premises situated and being in the Township of Ann Arbor, Washtenaw County, Michigan, be detached from said Township of Ann Arbor and annexed to the City of Ann Arbor, to-wit:
Land situated in the Township of Ann Arbor, County of Washtenaw, State of Michigan, described as follows: Commencing at the Northwest corner of Section 30, Town 2 South, Range 6 East, Ann Arbor Township, Washtenaw County, Michigan; running thence South 89 degrees 37 minutes East along the North line of said Section 30 for 416.8 feet for a Point of Beginning; thence running South 24 degrees 12 minutes West 294.10 feet to the centerline of Highway M-123; thence running South 65 degrees 48 minutes East along said centerline for 150.0 feet; thence running North 24 degrees 12 minutes East for 360.3 feet to the North line of said Section 30; thence running North 89 degrees 37 minutes West along said North line for 164.0 feet to the Point of Beginning, being a part of the Northwest ¼ of Section 30, Town 2 South, Range 6 East, Washtenaw County, Michigan.
A communication was received from the City Planning Commission transmitting its recommendation of approval of the proposed Resolution to Approve Schultz Annexation, 1.13 Acres, located at 2340 Dexter Avenue.
Councilmember Johnson moved, seconded by Councilmember Easthope, that the resolution be adopted.
On a voice vote, the Mayor declared the motion carried.
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R-59-2-07 APPROVED
RESOLUTION TO Authorize and Appropriate Funds for the Purchase of Development Rights (PDR) on the John M. and Beverly B. Alexander Farm Located in Northfield Township with Matching Funds through the Federal Farm and Ranch Lands Protection Program (FRPP) and Approve a Farmland Development Rights Grant of Easement Agreement
Whereas, Chapter 42 of The Ann Arbor City Code establishes the Greenbelt District and enables the City to purchase development rights on property within the district;
Whereas, Purchase of Development Rights may be funded through the Open Space and Park Land Preservation Millage;
Whereas, FRPP has matching grant funds available for Purchase of Development Rights on eligible agricultural land;
Whereas, The John M. and Beverly B. Alexander farmland in Northfield Township has been evaluated and rated highly by Greenbelt program, FRPP staff and the Greenbelt Advisory Commission;
Whereas, The Fair Market Value of the development rights as determined by the City as required by Section 1:320 of the Ann Arbor City Code and approved by the FRPP is $1,015,000.00; and
Whereas, There are sufficient funds in the Open Space and Parkland Preservation Millage bond proceeds to match the total purchase price, plus estimated closing costs, including the environmental study and a boundary survey, and the monitoring endowment;
RESOLVED, That the Mayor and Council approve the real estate and sales agreement for the Purchase of Development Rights Program including FRPP matching grant funds and the Farmland Development Rights Grant of Easement for the John M. Alexander and Beverly B. Alexander property described as:
Legal Description:
The West ½ of the Southeast ¼ of Section 30, Town 1 South, Range 6 East, Northfield Township, Washtenaw County, Michigan. Excepting therefrom, the South 1/8 of the East ½ of the West ½ of the Southeast ¼ of Section 30, Town 1 South, Range 6 East, being a parcel having a frontage on Northfield Church Road of 660 feet more or less and a depth of 327.69 feet, Northfield Township, Washtenaw County, Michigan.
RESOLVED, That the Mayor and City Clerk be authorized and directed to execute all the necessary documents to complete the requirements for the Purchase of Development Rights Program (FRPP) and the Farmland Development Rights Grant of Easement for this property after approval as to substance by the City Administrator and approval as to form by the City Attorney;
RESOLVED, That $1,074,391.67 be appropriated for the purchase of development rights for this property from the Open Space and Parkland Preservation Millage bond proceeds for the life of the project without regard to fiscal year, including closing, incidental and endowment costs with $335,000.00 to be reimbursed to the Open Space and Parkland Preservation Millage by the Federal Farm And Ranch Land Protection Program upon completion of the acquisition.
Councilmember Johnson moved, seconded by Councilmember Lowenstein, that the resolution be adopted.
On a voice vote, the Mayor declared the motion carried unanimously, thus satisfying the eight-vote requirement.
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DEFEATED
RESOLUTION TO APPROVE a Professional Services Agreement with Quinn Evans Architects for the Planning and Design of the Ann Arbor Municipal Center ($962,600.00) and Establish a Project Budget for the Police/Courts Building ($1,011,000.00)
Whereas, The Ann Arbor City Council approved Resolution 6-1-07 directing the City Administrator to proceed with planning and design of the Ann Arbor Municipal Center in conjunction with planning and design for a new building for the primary purpose of housing the 15th District Court and Ann Arbor Police Services;
Whereas, The selected firm, Quinn-Evans Architects has submitted a comprehensive proposal to prepare a site plan for the Ann Arbor Municipal Center and to perform architectural services related to the preparation of schematic design for a new building to serve police and the district court;
Whereas, It is necessary to establish a project budget in the amount of $1,011,000.00 for the planning and design phase of this project; and
Whereas, Quinn Evans Architects received living wage and contract compliance approval on February 1, 2007;
RESOLVED, That $1,011,000.00 be appropriated from the Municipal Building Fund, which has a current balance of approximately $7.9 million, to the newly established capital budget for the Ann Arbor Municipal Center for expenditure without regard to fiscal year;
RESOLVED, That City Council approve a professional services agreement for architectural services with Quinn Evans Architects for an amount not to exceed, inclusive of approved reimbursable expenses, $962,660 for the Ann Arbor Municipal Center Project;
RESOLVED, That the Mayor and City Clerk be authorized and directed to execute said agreement after approval as to substance by the City Administrator and approval as to form by the City Attorney;
RESOLVED, That City Council approve a contingency in the amount of $48,400.00 (5%) to cover potential increases in the volume of work or additional work necessitated under the approved implementation strategy and approve a project budget of $1,011,000.00 for the creation of a new site plan for the Ann Arbor Municipal Center and for the initial design, through schematic drawings, of a building to service the 15th District Court and Ann Arbor Police Services to be expended without regard to fiscal year; and
RESOLVED, That the City Administrator be authorized to take the necessary administrative actions to implement this resolution including the authority to approve changes to scope of work under the agreement within the approved contingency.
Councilmember Easthope moved, seconded by Councilmember Teall, that the resolution be adopted.
Councilmember Johnson moved, seconded by Councilmember Suarez moved to postpone the resolution until June 4, 2007.
On roll call, the vote was as follows:
Yeas, Councilmembers Kunselman, Suarez, Johnson, Mayor Hieftje, 4;
Nays, Councilmembers Easthope, Teall Lowenstein, Rapundalo, Greden, Higgins, Woods, 7.
The Mayor declared the motion defeated.
The question being the motion as originally presented, on roll call, the vote was as follows:
Yeas, Councilmembers Easthope, Teall Lowenstein, Rapundalo, Greden, Higgins, Woods, 7;
Nays, Councilmembers Kunselman, Suarez, Johnson, Mayor Hieftje, 4.
The Mayor declared the motion failed, not satisfying the eight-vote requirement.
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R-60-2-07 APPROVED
RESOLUTION for Approval of Professional Services Agreement with CDM Michigan Inc., ($1,383,703.00) and Establish a Project Budget for Ann Arbor Stormwater GIS Data Collection and Hydraulic Model Development ($1,500,000.00)
Whereas, Public Services staff has identified a need to construct an accurate and complete inventory of the stormwater system for improved efficiency for operations and maintenance and to create the data structure for integrating a stormwater model with GIS and an infrastructure maintenance management system;
Whereas, RFP-624, stating the objectives and criteria for this project, was sent to eight consultants, who specialize in data conversion projects, and was responded to by eight consultants teams with proposals;
Whereas, CDM Michigan, Inc. is recommended for the project because of their experience and knowledge with geographic information collection, modeling and management of stormwater systems and their specific knowledge of the City and Ann Arbor;
Whereas, CDM Michigan, Inc provided a proposal with the necessary scope and reasonable costs to accomplish the tasks required; and
Whereas, CDM Michigan has received human rights approval on November 22, 2006;
RESOLVED, That the Mayor and City Clerk be authorized and directed to execute the Professional Services Agreement with CDM Michigan, Inc for completing the inventory of the stormwater system in a GIS format, update the sanitary sewer GIS, and develop a citywide stormwater hydraulic and hydrologic model following approval as to substance by the City Administrator, and approval as to form by the City Attorney;
RESOLVED, Funds for this project budget and the agreement with CDM are to be financed from funds available in the approved 2007 Operation and Maintenance budgets for the Stormwater Systems, Sanitary Sewer System, Water Supply System, Road System, and Facilities;
RESOLVED, That City Council adopt the following budget for the life of the project, to be expended without regard to fiscal year:
Section I, Revenue
$1,232,185.00 Stormwater System
$220,203.00 Sanitary Sewer System
$35,084.00 Water Supply System
$6,264.00 Roads
$6,264.00 Facilities
$1,500,000.00 TOTAL
Section II, Expenses
$1,383,703.00 CDM Contract
$51,297.00 Miscellaneous Costs
$65,000.00 Contingencies
$1,500,000.00 TOTAL
; and
RESOLVED, That City Council authorizes the City Administrator to take necessary administrative actions to implement this resolution and approve change orders with contingency funds.
Councilmember Johnson moved, seconded by Councilmember Lowenstein, that the resolution be adopted.
On a voice vote, the Mayor declared the motion carried unanimously, thus satisfying the eight-vote requirement.
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R-61-2-07 APPROVED
RESOLUTION TO Appropriate Funds and Approve the First Amendment to the Agreement with the Washtenaw County Road Commission (WCRC) for the Wagner Road Project
Whereas, The Washtenaw Country Road Commission (WCRC) plans to reconstruct Wagner Road between Jackson Road and Liberty Road in 2006 as a three-lane concrete road with bicycle lanes, curb, gutter and storm sewer;
Whereas, The WCRC has requested that the City contribute to funding of the project based on the percentage of City road frontage within the project area, or 42%, to be applied to preliminary and construction engineering, right-of-way acquisition, and non-participating items;
Whereas, An agreement between the City and the WCRC was executed on January 6, 2006 outlining the responsibilities of each party and contribution to the costs of the Wagner Road project;
Whereas, Actual costs for preliminary engineering and right-of-way acquisition exceed the original cost estimates contained in the January 6, 2006 agreement; and
Whereas, Funding for the additional costs of the project is available in the Street Repair Millage Fund Balance;
RESOLVED, That City Council approves the first amendment to the agreement with the Washtenaw County Road Commission for Wagner Road improvements, and that the Mayor and City Clerk be authorized to sign the agreement after approval as to substance by the City Administrator and approval as to form by the City Attorney;
RESOLVED, That the Stormwater fund repay the Street Millage the total amount of stormwater improvements associated with the project once the appropriate share is determined; and
RESOLVED, That City Council appropriates an additional $74,200.00 from the Street Repair Millage Fund Balance, for a project total of $221,200.00, without regard to fiscal year.
Councilmember Woods moved, seconded by Councilmember Johnson, that the resolution be adopted.
On a voice vote, the Mayor declared the motion carried unanimously, thus satisfying the eight-vote requirement.
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R-62-2-07 APPROVED
RESOLUTION to approve Contract Amendment No. 1 to the November 9, 2005 Professional Services Agreement between the City and URS Corporation Great Lakes for Design of New Corporate Box Hangars at the Ann Arbor Municipal Airport
Whereas, The City entered into a Professional Services Agreement on November 9, 2005 with URS Corporation Great Lakes (URS) to design four corporate box hangars to be located at the Ann Arbor Airport;
Whereas, The corporate box hangar project was modified from four hangars in two building to six hangars in one building and relocated from the northeast T-hangar area to the northwest T-hangar area of the Airport;
Whereas, URS has prepared Contract Amendment No. 1, which encompasses the changes requested by the City to redesign the project, for a fee of $9,500.00;
Whereas, It is necessary that the corporate box hangar project proceed through the Pittsfield Township site plan review process and that contingency funding of $2,000.00
may be necessary to address any potential changes to the URS contract associated with that process;
Whereas, The project budget should also be increased by $3,000.00 to cover the direct fees and costs charged by Pittsfield Township for their site plan review process;
Whereas, The revised layout for the corporate box hangar project is depicted on the Airport Layout Plan approved by City Council on January 22, 2007;
Whereas, The City constructing and leasing the proposed hangars will positively impact the Airport's budget and provide the necessary revenues to repay borrowed funds as well as help cover the increasing costs of maintaining the Airport facility in the future;
Whereas, The City has received grant funding from the FAA and MDOT that will be utilized in the construction of taxilanes for the corporate box hangar project; and
Whereas, URS received Human Rights and Living Wage approval on March 10, 2006;
RESOLVED, The City Council approve Contract Amendment No. 1 to the Professional Services Agreement with URS in the amount of $9,500.00 for the redesign of corporate box hangars at the Ann Arbor Airport;
RESOLVED, The City Council approve an additional $2,000.00 contingency for contract changes to be approved by the City Administrator;
RESOLVED, That the project budget be increased by $14,500.00 to be funded in advance pending the sale of general obligation bonds and that these funds may be expended without regard to fiscal year;
RESOLVED, That the City make the following declaration for the purpose of complying with the reimbursement rules of Treasury Regulations 1.150-2 pursuant to the Internal Revenue Code of 1986, as amended, that the City reasonably expects to reimburse itself for expenditures for the costs of the project with proceeds of bonds; and
RESOLVED, That upon completion of preliminary design and site plan approval, the corporate box hangar project be returned to City Council for final consideration prior to bidding, financing and construction of the project;
RESOLVED, That the Mayor and City Clerk be authorized and directed to sign Contract Amendment No. 1 upon approval as to form by the City Attorney, and upon approval as to substance by the City Administrator; and
RESOLVED, That the City Administrator be directed to take the necessary administrative actions to implement this resolution.
Councilmember Lowenstein moved, seconded by Councilmember Johnson, that the resolution be adopted.
On a voice vote, the Mayor declared the motion carried unanimously, thus satisfying the eight-vote requirement.
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(Councilmember Easthope was not present at this time.)
R-63-2-07 APPROVED
RESOLUTION TO APPROVE a Contract for Environmental Site Assessment Services per Request for Proposals # 644 with Mannik and Smith Group Not to Exceed $100,000.00
Whereas, The City of Ann Arbor released an Environmental Site Assessment Services Request for Proposals #644 to identify qualified environmental site assessment firms who have experience in the Ann Arbor area and in conducting environmental assessments on farmland and open space for potential purchase via conservation easements;
Whereas, The Mannik and Smith Group submitted a proposal and is qualified to conduct environmental site assessments in connection with Greenbelt and parkland acquisitions;
Whereas, It is recommended that the Mannik and Smith Group be awarded a contract not to exceed $100,000.00 for services for one year with specific services in connection with applicant property as required during the contract period;
Whereas, There is sufficient funding in the Open Space and Parkland Preservation Millage bond proceeds to cover the cost of these services; and
Whereas, The Mannik and Smith Group received Living Wage and Contract Compliance approvals, effective February 7, 2007;
RESOLVED, That City Council approve a one-year contract for Environmental Site Assessment services with the Mannik and Smith Group, not to exceed $100,000.00;
RESOLVED, That the Mayor and City Clerk be authorized and directed to execute said contract after approval as to substance by the City Administrator and approval as to form by the City Attorney; and
RESOLVED, That the City Administrator be authorized to take the necessary administrative actions to implement this resolution, including the approval of environmental site assessment work statements for individual properties after approval as to form of the work statement by the City Attorney without regard to fiscal year.
Councilmember Woods moved, seconded by Councilmember Lowenstein, that the resolution be adopted.
On a voice vote, the Mayor declared the motion carried.
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R-64-2-07 APPROVED
RESOLUTION TO APPROVE a Service Purchase Order for the Replacement of the Irrigation Pump Station Equipment at Huron Hills Golf Course with Flowtronex Psi. Inc. Per Bid #3782 in the Amount of $48,834.00 Establish a Total Project Budget of $53,717, and Appropriate $53,717 from the Park Rehabilitation and Development Millage Fund Balance
Whereas, The irrigation pump station is essential for operation of Huron Hills Golf Course and the existing irrigation pump station has been in service for over thirty years;
Whereas, The age of the existing irrigation pump station has resulted in unreliable service, increased costs and frequency of maintenance repairs, and low energy efficiency;
Whereas, The Procurement Office sought bids on June 9, 2006 and the bid received from Flowtronex PSI was identified as the lowest responsible bidder;
Whereas, Funds in the amount of $53,717.00 for the project are available in the Park Rehabilitation and Development Millage fund balance;
Whereas, In February 2006, the Park Advisory Commission recommended allocation of funds from the Park Rehabilitation and Development Millage Fund balance for replacement of the irrigation pump station equipment at Huron Hills Golf Course; and
Whereas, FLOWTRONEX PSI. INC meets the living wage and prevailing wage requirements and received Human Rights approval on June 23, 2006;
RESOLVED, That City Council approve a Service Purchase Order per BID #3782 with Flowtronex PSI in the amount of $48,834.00 for the supplying and installing one Vertical Turbine Pumping Station with variable frequency drive at Huron Hills Golf Course;
RESOLVED, That City Council establish a $4,883.00 (10%) contingency, establish a total project budget of $53,717.00, and appropriate $53,717.00 from the Park Rehabilitation and Development Millage fund balance to supply, install and provide one-year maintenance service for a Turbine Pumping Station per Bid Number 3782 at Huron Hills Golf Course; and
RESOLVED, That the City Administrator be authorized to take all necessary administrative actions to implement this resolution including the authority to approve change orders within the approved contingency.
Councilmember Johnson moved, seconded by Councilmember Rapundalo, that the resolution be adopted.
On a voice vote, the Mayor declared the motion carried unanimously, thus satisfying the eight-vote requirement.
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(Councilmember Easthope present at this time.)
R-65-2-07 APPROVED
RESOLUTION TO Accept A $5,000.00 Grant from Fannie Mae,
Allocate $5,870.00 from the Ann Arbor Housing Trust Fund,
and Appropriate the Total $10,870.00 to the
Affordable Housing Needs Assessment Project)
Whereas, The Office of Community Development has received funding commitments from the Ann Arbor Downtown Development Authority ($15,000.00), Ann Arbor Area Board of Realtors ($5,000.00), Ann Arbor Area Community Foundation ($1,000.00), MSHDA ($25,000.00), and Washtenaw County ($25,000.00) for a total of $71,000.00 in leveraged funds to conduct an Affordable Housing Needs Assessment;
Whereas, The City of Ann Arbor's contribution is $25,000.00 in Ann Arbor Affordable Housing Trust Funds for a total project budget of $96,000.00;
Whereas, The total project costs exceeded the total project funds by $10,870.00;
Whereas, The Office of Community Development has received a $5,000.00 grant from Fannie Mae to be used toward this project; and
Whereas, The Office of Community Development is recommending an additional $5,870.00 in Ann Arbor Affordable Housing Trust Funds be used to cover the remaining expenses, bringing the City's total contribution for this project to $30,870.00;
RESOLVED, That City Council accept a grant from Fannie Mae for $5,000.00 and deposit these funds in the Ann Arbor Housing Trust Fund,
RESOLVED, That City Council appropriate $10,870.00 from the FY 06-07 Community Development Affordable Housing Trust Fund and re-appropriate $10,870.00 to the Affordable Housing Needs Assessment Project budget to bring the total project budget to $106,870.00 for the life of the project without regard to fiscal year; and
RESOLVED, That the City Administrator or designee be authorized to take necessary administrative actions and to execute any supporting documents necessary to complete this transaction and to implement this resolution.
Councilmember Greden moved, seconded by Councilmember Kunselman, that the resolution be adopted.
On a voice vote, the Mayor declared the motion carried unanimously, thus satisfying the eight-vote requirement.
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R-66-2-07 APPROVED
RESOLUTION TO APPROVE Street and Sidewalk Closings for the 2007 Michigan Big Ten Run and Kids Dash - Sunday, September 23, 2007
Whereas, The City has received a request from Two Dogs Running/Kathleen Gina to hold the 2007 Michigan Big Ten Run and Kids Dash on Sunday, September 23, 2007 starting at 8:30 A.M. with the race concluding by 11:00 A.M.;
Whereas, The Sponsor is requesting the City provide the following services:
1) From 8:15 - 8:45 A.M. to provide a staging area for the participants:
*S. University Avenue between S. State Street and Church Street
*E. University Avenue between Willard Street and S. University Avenue
*Tappan Avenue between Monroe Street and S. University Avenue
2) Throughout the race from 8:15 - 9:45 A.M.:
*N. University between Fletcher Street and Church Street
*Washington Hts. between Observatory and the entrance to the Arboretum
3) Intermittently from 8:15 - 9:45 A.M. as the race progresses:
*Observatory Street between Geddes Avenue and E. Medical Center Dr.
4) Sidewalks intermittently from 8:15 - 9:45 A.M. as the race progresses:
*N. University Avenue between S. Thayer Street and Church Street
5) Provide directional cones and barricades;
6) Clean the streets prior to the race;
Whereas, The Sponsor has agreed to pay the cost of City services associated with the staging of this event;
Whereas, The Sponsor agrees to defend and indemnify and save the City harmless against any claim arising from their sponsorship of this event;
Whereas, The Sponsor will obtain the necessary permits and provide evidence of proper liability insurance; and
Whereas, The Sponsor will provide written notification to all affected religious institutions not less than 14 days prior to the event;
RESOLVED, That City Council approve the following street and sidewalk closings:
1) From 8:15 - 8:45 A.M. to provide a staging area for the participants:
*S. University Avenue between S. State Street and Church Street
*E. University Avenue between Willard Street and S. University Avenue
*Tappan Avenue between Monroe Street and S. University Avenue
2) Throughout the race from 8:15 - 9:45 A.M.:
*N. University between Fletcher Street and Church Street
*Washington Hts. between Observatory and the entrance to the Arboretum
3) Intermittently from 8:15 - 9:45 A.M. as the race progresses:
*Observatory Street between Geddes Avenue and E. Medical Center Dr.
4) Sidewalks intermittently from 8:15 - 9:45 A.M. as the race progresses:
*N. University Avenue between S. Thayer Street and Church Street
Councilmember Johnson moved, seconded by Councilmember Kunselman, that the resolution be adopted.
On a voice vote, the Mayor declared the motion carried.
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R-67-2-07 APPROVED
RESOLUTION TO APPROVE Street Closings for the 2007 Ann Arbor Summer Festival's "Top of the Park" - June 15 through July 8, 2007
Whereas, The 2007 Ann Arbor Summer Festival's "Top of the Park" is scheduled to be held from June 15 through July 8, 2007;
Whereas, The 2007 Ann Arbor Summer Festival's "Top of the Park" has been displaced from its regular venue due to construction activity in and around the University of Michigan Fletcher Street Parking Garage;
Whereas, The sponsor has requested the closing of E. Washington Street between Fletcher Street and Thayer Street to facilitate the event this year;
Whereas, The street closures will be properly signed, barricaded and supervised by the sponsor;
Whereas, The sponsor is requesting Council approve a prohibition on the issuance of sidewalk occupancy permits within one block of the festival and a restriction on peddler licenses within the boundaries of the event.
Whereas, the sponsor is requesting a waiver of all right-of-way rental fees;
Whereas, The sponsor requires the approval of the Michigan Liquor Control Commission for a special outdoor liquor license;
Whereas, The sponsor has agreed to defend and indemnify and hold the City harmless against all claims arising from their sponsorship of this event; and
Whereas, The sponsor will obtain all necessary permits and provide evidence of proper liability insurance associated with their sponsorship of the event;
RESOLVED, That City Council approve E. Washington Street from Thayer Street to Fletcher Street be closed, barricaded, and parking be prohibited from Monday, June 11 at 6:00 A.M. through Tuesday, July 10, 2007 at 2:00 P.M. for the 2007 Ann Arbor Summer Festival's "Top of the Park" (contingent upon approval of the special liquor license from the State of Michigan); and
RESOLVED, That Council approve the prohibition on issuing sidewalk occupancy permits within one block of the festival and peddler's licenses within the boundaries of the event.
Councilmember Kunselman moved, seconded by Councilmember Suarez, that the resolution be adopted.
On a voice vote, the Mayor declared the motion carried.
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R-68-2-07 APPROVED
RESOLUTION TO APPROVE Street Closings for the Dexter-Ann Arbor Runs (5k, 10K and Half Marathon) on Sunday, June 3, 2007
Whereas, The Ann Arbor Track Club has requested that the annual Dexter-Ann Arbor Runs be held on Sunday, June 3, 2007 and use closed streets to facilitate the race finish area and post-race events;
Whereas, It has been requested that the following services be provided by the City:
1) Obtain a State permit for closing N. Main Street from 5:00 A.M. to Noon on June 3, 2007;
2) Closing of the following streets:
· Newport Road from Sunset to Alexandra from 8:40 to 9:00 A.M.
· Newport Road from Alexandra to Bird Road from 9:00 to 9:10 A.M.
· Bird Road from 9:00 to 9:20 A.M.
· Huron River Dr. from 6:45 to 11:00 A.M.
· From 5:00 A.M. to Noon on June 3, 2006:
· N. Main Street from Kingsley Street to Huron Street and partial
closure of N. Main Street from Huron River Drive to Kingsley Street
· The surface parking lot at Ann Street and N. Main Street
· Ann Street from N. Ashley Street to N. Fourth Avenue
· Catherine Street from N. Main Street to N. Fourth Avenue
· Miller Avenue from N. Ashley Street to N. Main Street
· Beakes Street from N. Main Street to N. Fourth Avenue
· Felch Street from N. Ashley Street to N. Main Street
· Summit Street from Wildt Street to N. Fourth Avenue
3) Provide directional cones to be picked up by Friday June 1, 2007, placed by the Ann Arbor Track Club along N. Main Street on the morning of the event and picked up from the road by the City along N. Main Street following the races at Noon on June 3, 2007.
4) Obtain hoods for parking meters from the DDA and provide to the Ann Arbor Track Club for them to place on the meters on Saturday night, June 2, 2007 and remove on Sunday afternoon, June 3, 2007 by 1:00 P.M. for the following locations:
· N. Main Street from Huron Street to northernmost meter on N. Main Street
· Surface parking lot at Ann Street and N. Main Street
· Other Closed Streets as listed above
5) Clean N. Main Street on Friday, June 1, 2007 from Huron River Drive to Huron Street and patch potholes as needed.
6) Place two Solid Waste dumpsters in the lot at N. Main Street and Ann Street by Saturday evening after 6:00 P.M., June 2, 2007. Provide and place 100 refuse containers (cardboard type) with a plastic liner bag including a spare bag in each container, on both sides of N. Main Street from Catherine Street to Huron Street on Saturday evening June 2, 2007 after 6:00 P.M. Remove the dumpsters and street containers by 1:00 P.M. Sunday June 3, 2007, after the race activities conclude;
Whereas, The Ann Arbor Track Club has agreed to pay the actual event costs for the Police supervision, Solid Waste services, Project Management services, and DDA services;
Whereas, The Ann Arbor Track Club will file all necessary street closure and banner permits and will comply with all liability insurance and other requirements (including maintaining fire lanes); and
Whereas, IHA, Whole Foods, Zingerman's and Blue Care Network support the event;
RESOLVED, That Mayor and Council authorize the following for the 2007 Dexter Ann-Arbor Run:
1) All of the street closures and other provisions outlined in this resolution, with the closing of the following streets:
· Newport Road from Sunset to Alexandra from 8:40 to 9:00 A.M.
· Newport Road from Alexandra to Bird Road from 9:00 to 9:10 A.M.
· Bird Road from 9:00 to 9:20 A.M.
· Huron River Dr. from 6:45 to 11:00 A.M.
· From 5:00 A.M. to Noon on June 3, 2006:
· N. Main Street from Kingsley Street to Huron Street and partial
closure of N. Main Street from Huron River Drive to Kingsley Street
· The surface parking lot at Ann Street and N. Main Street
· Ann Street from N. Ashley Street to N. Fourth Avenue
· Catherine Street from N. Main Street to N. Fourth Avenue
· Miller Avenue from N. Ashley Street to N. Main Street
· Beakes Street from N. Main Street to N. Fourth Avenue
· Felch Street from N. Ashley Street to N. Main Street
· Summit Street from Wildt Street to N. Fourth Avenue
2) Issuance of a Banner permit;
3) Police, Solid Waste and Project Management service requests with costs to be reimbursed by the Ann Arbor Track Club; and
RESOLVED, that the Ann Arbor Track Club must:
1) Reimburse the City expenses incurred for all requested City services;
2) Comply with all City permit requirements and State permits, including provision of liability insurance; and
3) Provide written notification to all affected properties on North Main Street between Huron River Drive and Huron Street.
Councilmember Suarez moved, seconded by Councilmember Johnson, that the resolution be adopted.
On a voice vote, the Mayor declared the motion carried.
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R-69-2-07 APPROVED
RESOLUTION TO APPROVE Street Closing for Zingerman's Festival of Flavor (25th Anniversary) on Sunday, March 11, 2007
Whereas, Zingerman's "Festival of Flavor" is scheduled to be held on Sunday, March 11, 2007;
Whereas, The sponsor has requested the closing of Detroit Street between Kingsley and Fifth Avenue to facilitate the event;
Whereas, The street closures will be properly signed, barricaded and supervised by the sponsor;
Whereas, The sponsor has agreed to defend and indemnify and hold the City harmless against all claims arising from their sponsorship of this event; and
Whereas, The sponsor will obtain all necessary permits and provide evidence of proper liability insurance associated with their sponsorship of the event;
RESOLVED, That City Council approve the closing of Detroit Street between Kingsley and Fifth Avenue from 6:00 p.m. on Saturday, March 10, 2007 to 6:00 p.m. on Sunday, March 11, 2007 for Zingerman's Festival of Flavor.
Councilmember Suarez moved, seconded by Councilmember Rapundalo, that the resolution be adopted.
On a voice vote, the Mayor declared the motion carried.
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R-70-2-07 APPROVED
RESOLUTION TO APPROVE Street Closing for The Arena's NCAA Basketball Tournament Celebration on March 17, 2007
Whereas, The Arena's NCAA Basketball Tournament Celebration is scheduled to be held on Saturday, March 17, 2007;
Whereas, The sponsor has requested the closing of East Washington Street between South Fourth Avenue and the public alley located between South Fourth Avenue and South Fifth Avenue to facilitate the event this year;
Whereas, The street closure will be properly signed, barricaded and supervised by the sponsor;
Whereas, The sponsor requires the approval of the Michigan Liquor Control Commission for temporary sales, service and consumption of alcoholic beverages;
Whereas, The sponsor has agreed to defend and indemnify and hold the City harmless against all claims arising from their sponsorship of this event; and
Whereas, The sponsor will obtain all necessary permits, provide evidence of proper liability insurance and comply with all procedures, rules and regulations for closing the street, including payment of all fees associated with its sponsorship of this event;
RESOLVED, That City Council approve the closing of East Washington Street between South Fourth Avenue and the public alley located between South Fourth Avenue and South Fifth Avenue from 7:00 a.m. to 12:00 a.m. (midnight) on Saturday, March 17, 2007, contingent upon approval of the special liquor license from the Michigan Liquor Control Commission.
Councilmember Easthope moved, seconded by Councilmember Kunselman, that the resolution be adopted.
Councilmember Woods moved, seconded by Councilmember Johnson, to amend the resolution as follows:
RESOLVED Clause:
RESOLVED, That City Council approve the closing of East Washington Street between South Fourth Avenue and the public alley located between South Fourth Avenue and South Fifth Avenue from [7:00 a.m.] 6:00 p.m. to 12:00 a.m. (midnight) on Saturday, March 17, 2007, contingent upon approval of the special liquor license from the Michigan Liquor Control Commission.
On roll call, the vote was as follows:
Yeas, Councilmember Woods, 1;
Nays, Councilmembers Kunselman, Greden, Teall, Higgins, Easthope, Suarez, Johnson, Lowenstein, Rapundalo, Mayor Hieftje, 10.
The Mayor declared the motion failed.
The question being the resolution as originally presented, on roll call, the vote was as follows:
Yeas, Councilmembers Kunselman, Greden, Teall, Higgins, Easthope, Suarez, Johnson, Rapundalo, Mayor Hieftje, 9;
Nays, Councilmembers Lowenstein, Woods, 2.
The Mayor declared the motion carried.
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R-71-2-07 APPROVED
RESOLUTION TO APPROVE an Option to Purchase Agreement
with Village Green Residential Properties LLC for the Sale
and Redevelopment of City-Owned Property
Located at First and Washington
Whereas, On August 10, 2006, City Council selected Village Green Residential Properties LLC (Village Green) proposal for the purchase and redevelopment of City-owned property located at First and Washington;
Whereas, Village Green and the City have negotiated in good faith an Option to Purchase the Property that will satisfy requirements for evidence of land control and allow Village Green to proceed to prepare and submit the necessary development and financial agreements for the redevelopment of the Property;
Whereas, The negotiated Option Agreement for the Property includes the following terms:
q Village Green is granted, in consideration of a payment of $3,000.00 on execution, an exclusive right and option to purchase the Property for redevelopment as a mixed-use project consisting of rental residential, parking and ancillary uses substantially in conformance with its Response to City RFP No. 621
q The Option period will be in effect for a period of 12-months, renewable once for a period not greater than 90 days, during which Village Green must obtain all necessary municipal approvals and execution of all agreements required by the City, including site plan and development agreements with affordable housing units; a parking agreement between the DDA, City and Village Green; and a City approved community engagement plan to exercise the Option.
q If the Option is exercised, the Purchase Agreement transferring title to the Property to Village Green at a price of $2,550,000.00 will include a requirement that the title deed contain a reversion of title provision in favor of the City if Village Green fails to start construction within 3 yrs from approval of the site plan or complete construction of all units of the residential building and parking structure within 5 yrs
q The Purchase Price of the Property will be increased based on any incremental increase in the value of the Project; and
Whereas, It is understood that negotiation is continuing and further agreements for the purchase of the Property and the development of the site will be required and presented to City Council for action at a later date;
RESOLVED, That City Council approve an Option to Purchase Agreement with Village Green Residential Properties LLC for the Sale and Redevelopment of City-owned property located at First and Washington subject to the terms and conditions stated in this Resolution;
RESOLVED, That the Mayor and City Clerk be authorized and directed to execute the Option to Purchase Agreement after approval as to substance by the City Administrator and approval as to form by the City Attorney; and
RESOLVED, That the City Administrator be authorized to take all necessary actions to implement this Resolution.
Councilmember Easthope moved, seconded by Councilmember Greden, that the resolution be adopted.
Councilmember Lowenstein recused herself from voting and discussion of this resolution due to conflict of interest.
On a voice vote, the Mayor declared the motion carried unanimously, thus satisfying the eight-vote requirement.
COMMUNICATIONS FROM THE MAYOR
NOMINATIONS PLACED ON TABLE
Mayor Hieftje placed the following nominations on the table for approval at a later date:
Ad-Hoc Liquor License Award Committee
Councilmember Johnson
Councilmember Suarez,
Councilmember Rapundalo
Board of Review
Robert White (Re-Appointment)
1849 Saxon Rd.
Ann Arbor, MI 48103
Term: March 5, 2007 - January 31, 2010
Community Development Executive Committee
Steven J. Sheldon (Replacing - Dana Barton)
2352 Pinecrest Ave.
Ann Arbor, MI 48104
Term: March 5, 2007 - June 30, 2010
Downtown Area Citizens' Advisory Council
Peter Wyngaard (Replacing-Audrey Libke)
111 W. Liberty St.
Ann Arbor, MI 48104
Term: March 5, 2007 - March 5, 2010
Elizabeth Dean Fund
John Remsberg (Re-Appointment)
3212 Charring Cross Rd.
Ann Arbor, MI 48104
Term: March 5, 2007 - March 5, 2009
Sign Board of Appeals
Christine Brummer (Re-Appointment)
326 Mulholland Dr.
Ann Arbor, MI 48103
Term: March 5, 2007 - March 5, 2010
COMMUNICATIONS FROM THE CITY ADMINISTRATOR
REPORTS SUBMITTED
City Administrator Roger Fraser submitted the following reports for information of Council:
1. Recommendations for Funding of Affordable Housing Projects from the Office of Community Development - Community Services - Jayne Miller, Community Services Area Administrator
2. Modifying the Monthly Parking Permit Rate for Structures and Lots and the Monthly Premium Permit Parking Rate - Susan Pollay, Downtown Development Executive Director
3. Status of Ann Arbor's Emerald Ash Borer (EAB) Removal and Tree Replanting Strategy - Public Services - Sue F. McCormick, Area Administrator
4. Allen's Creek Storm Water Improvements Project - Public Services -
Sue F. McCormick, Area Administrator
(Reports on file in the City Clerk's Office.)
COMMUNICATIONS FROM THE CITY ATTORNEY
None.
CLERK'S REPORT OF COMMUNICATIONS, PETITIONS AND REFERRALS
The following communications were referred as indicated:
1. Communication from S.E.M.C.O.G. regarding their Regional Update Publication Vol. 12, No. 3, January 29, 2007
2. Communication from Sandra Sorini Elser regarding notice of intent to establish two condominium projects, Summit Heights 1 and Summit Heights 2 in the City of Ann Arbor - Planning and Development Services
3. Communication from Downtown Area Citizens Advisory Council regarding change in rubbish pick up
4. Communication from Northfield Township Planning Commission regarding notification of a public hearing on February 21, 2007 to discuss a proposed amendment to the Northfield Township Growth Management Plan -Planning and Development Services
5. Communication from Saint Joseph Mercy Health System regarding Boutsikakis/Marker Rezoning - Planning and Development Services
The following minutes were received for file:
1. Environmental Commission - October 26, 2006
2. Ann Arbor Transportation Authority Board - January 3, 2007
3. Downtown Area Citizens Advisory Council - November 1, 2006
4. Recreation Advisory Commission - December 5, 2006
5. Zoning Board of Appeals - October 25 and November 15, 2006
6. Historic District Commission - October 12, and November 8, 2006
7. Building Board of Appeals - October 11 and November 8, 2006
8. Taxicab Board - October 26, 2006
9. Commission on Disability Issues - December 20, 2006
10. Planning Commission - December 5 and 19, 2006
Councilmember Woods moved, seconded by Councilmember Lowenstein, that the Clerk's Report be accepted.
On a voice vote, the Mayor declared the motion carried.
PUBLIC COMMENTARY - GENERAL
None.
RECESS FOR CLOSED SESSION
None.
ADJOURNMENT
There being no further business to come before Council, it was moved by Councilmember Easthope that the meeting be adjourned.
On a voice vote, the Mayor declared the motion carried and the meeting adjourned at 10:53 p.m.
Jacqueline Beaudry
Clerk of the Council
Anissa R. Bowden
Recording Secretary