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File #: 07-0541    Version: 1 Name: 2003-08-04 City Council Minutes
Type: Minutes Status: Filed
File created: 8/4/2003 In control: City Council
On agenda: 8/4/2003 Final action: 8/4/2003
Enactment date: Enactment #:
Title: ANN ARBOR CITY COUNCIL MINUTES REGULAR SESSION - AUGUST 4, 2003
Title
ANN ARBOR CITY COUNCIL MINUTES REGULAR SESSION - AUGUST 4, 2003
Body
Mayor John Hieftje called the regular session of the Ann Arbor City Council to order at 7:33
p.m. in the City Hall Council Chamber.
Council stood for a moment of silence.
Mayor Hieftje led Council in the recitation of the Pledge of Allegiance.
ROLL CALL OF COUNCIL
PRESENT : Council Members Kim Groome, Robert M. Johnson, Joan Lowenstein,
Michael R. Reid, Jean Carlberg, Heidi Cowing Herrell, Margie Teall, Marcia
Higgins, Christopher Easthope, Wendy A. Woods, Mayor John Hieftje, 11.
ABSENT : 0.
INTRODUCTIONS
None.
PUBLIC COMMENTARY - RESERVED TIME
ADAM DEANGELI - RESOLUTION TO CUT OFF MILITARY AID TO ISRAEL
Adam DeAngeli, 827 W. Huron, asked that Council bring forth a resolution to divest from
Israel.
PUBLIC HEARINGS
320 EAST LIBERTY SITE PLAN
A public hearing was conducted on the proposed 320 E. Liberty Site plan, 0.2 acre. Notice
of public hearing was published August 4, 2003.
The following people expressed concern with the proposed Site Plan located at 320 E.
Liberty:
2 Council - August 4, 2003
Jim Mogensen, 3780 Greenbrier Blvd., #354C
Thomas Partridge, 100 S. 4th Avenue, #1010
There being no further comment, the Mayor declared the hearing closed.
CITATIONS FOR VIOLATIONS OF VARIOUS PUBLIC HEALTH, SAFETY AND
WELFARE PROVISIONS (ORDINANCE NO. 32-03)
A public hearing was conducted on the proposed Ordinance to Amend Section 1:17 of Title
I of the Ann Arbor City Code to Authorize the Issuance of Citations for Violations of Various
Public Health, Safety and Welfare Provisions of the Ann Arbor City Code by the
Community Standards Unit of the Police Department when created. Notice of public
hearing was published August 3, 2003.
Thomas Partridge, 100 S. 4th Avenue, #1010, expressed concern with the proposed
ordinance authorizing the issuance of citations for violations of public health, safety and
welfare provisions.
There being no further comment, the Mayor declared the hearing closed.
ESTABLISH A PROCESSING FEE FOR PRELIMINARY BREATH TESTS (PBT)
A public hearing was conducted on the proposed resolution requesting the establishment
of a Processing Preliminary Breath Test (PBT) Fee in the amount of $5.00. Notice of
public hearing was published August 3, 2003.
There being no one present to speak, the Mayor declared the hearing closed.
APPROVAL OF AGENDA
AGENDA APPROVED WITH CHANGES
Council Member Woods moved, seconded by Council Member Teall that the agenda be
approved with the following changes:
Council - August 4, 2003 3
CONSENT AGENDA
Delete: Resolution to Approve the Installation of a Reinforcement Roof Structure in
the Amount of $29,800.00 by Construction Solutions, Inc., at Veterans
memorial Park Ice Arena (Parks and Recreation - Jayne Miller, Manager)
(Deleted 7/31/03)
Revise: Resolution to Approve a Professional Services Agreement with Washtenaw
Engineering Company ($414,525.00) and Establish a Project Design Budget
for the West Stadium Boulevard Reconstruction Project (Pauline to Abbott)
($588,525.00) (Public Services - William R. Wheeler, Director) (Revised
8/4/03)
Add: Resolution to Accept Board of Insurance Administration Minutes and to
Authorize Payments (Ronald Olson, Associate City Administrator) (Added
7/30/03)
MOTIONS AND RESOLUTIONS
Added After Newspaper Deadline:
Add: Resolution Appointing a Member of the Parks Advisory Commission to the
Environmental Commission (Council Members Johnson and Woods) (Added
7/29/03)
Add & Resolution in Support of "Washtenaw in Motion" (Council Member Carlberg)
Delete: (Added 7/29/03) (Deleted 7/31/03)
Add: Resolution Recognizing Airedale Terrier Rescue and Adoption (ATRA) as a
Civic Nonprofit Organization Operating in the Ann Arbor Community for the
Purpose of Obtaining a Charitable Gaming License (Council Members
Woods and Easthope) (Added 8/1/03)
Add: Resolution to Amend the Executive and Profession Pay Plans of the City
Consistent with Reorganization of the City Attorney's Office (Council
Members Carlberg, Easthope, Higgins and Lowenstein) (Added 8/4/03)
4 Council - August 4, 2003
COMMUNICATIONS FROM THE CITY ADMINISTRATOR
Add: Bandemer Park Bicycle Path - Planning - Karen Popek Hart, Director
(Added 8/1/03)
Move & RECESS FOR CLOSED SESSION TO DISCUSS ATTORNEY-
Revise: CLIENT PRIVILEGED COMMUNICATIONS AND PENDING LITIGATION
(Closed session placed before Consent Agenda)
On a voice vote, the Mayor declared the motion carried.
APPROVAL OF COUNCIL MINUTES
MINUTES OF JULY 21, 2003 APPROVED
Council Member Carlberg moved, seconded by Council Member Higgins that the regular
session minutes of July 21, 2003 be approved with minor changes.
On a voice vote, the Mayor declared the motion carried.
RECESS FOR CLOSED SESSION
Council Member Easthope moved, seconded by Council Member Lowenstein that the
regular session of Council be recessed to discuss attorney-client privileged
communications and pending litigation.
On roll call, the vote was as follows:
Yeas, Council Members Carlberg, Herrell, Teall, Higgins, Easthope, Woods, Groome,
Johnson, Lowenstein, Reid, Mayor Hieftje, 11;
Nays, 0.
The Mayor declared the motion carried and the meeting recessed at 8:00 p.m.
The Mayor reconvened the regular session of Council at 9:26 p.m.
Council Member Easthope moved, seconded by Council Member Groome that the City
Attorney be authorized to proceed with settlement discussions in the Pall Life Sciences
NPDES permit contested case as directed by the City Council.
Council - August 4, 2003 5
On a voice vote, the Mayor declared the motion carried.
CONSENT AGENDA
CONSENT AGENDA ITEMS REMOVED
With unanimous consent of Council, the following items were removed from the Consent
Agenda and placed at the end of Motions and Resolutions:
Resolution to Approve a Professional Services Agreement with Washtenaw Engineering
Company ($414,525.00) and Establish a Project Design Budget for the West Stadium
Boulevard Reconstruction Project - Pauline to Abbott ($588,525.00) (Public Services -
William R. Wheeler, Director)
Resolution Requesting the Establishment of a Processing Preliminary Breath Test (PBT)
Fee in the Amount of $5.00 (Police - Daniel J. Oates, Chief)
CONSENT AGENDA ITEMS APPROVED
Council Member Johnson moved, seconded by Council Member Herrell that the following
Consent Agenda items be approved as presented:
R-321-8-03 APPROVED
RESOLUTION TO APPROVE A NEW DANCE PERMIT IN
CONJUNCTION WITH A CLASS "C" LIQUOR LICENSE FROM
PARTHENON GYROS RESTAURANT, INC., LOCATED AT 226 S. MAIN
RESOLVED, That the request from Parthenon Gyros Restaurant, Inc. for a new Dance
Permit, in conjunction with a 2002 Class "C" licensed business located at 226 S. Main, Ann
Arbor, Michigan, Washtenaw County be approved.
*************************
6 Council - August 4, 2003
R-322-8-03 APPROVED
RESOLUTION TO APPROVE A CONTRACT WITH SINCLAIR RECREATION, L.L.C.
FOR THE PURCHASE AND INSTALLATION OF A NEW PICNIC PAVILION,
SHADE STRUCTURES ($66,645.00) FOR NORTHEAST AREA PARK AND TO
ESTABLISH A CONSTRUCTION BUDGET OF $70,105.00
Whereas, Improvements at Northeast Area Park are identified in the Park and Recreation
Open Space Plan 2000-2005;
Whereas, A neighborhood survey and several public meetings were conducted to obtain
citizen input into improvements proposed at the park and this amenity is a component of
the approved development plans;
Whereas, Competitive quotations were sought by the Department of Parks and Recreation
to supply and install the specified picnic pavilion and shade structures with bids received
on or before July 16, 2003 and Sinclair Recreation, LLC was identified as the lowest
responsible bidder;
Whereas, Funds for this project come from previously collected developer park
contributions, a grant by the Michigan Department of Natural Resources, and the
FY2003/2004 budget of the Park Rehabilitation and Development Millage; and
Whereas, The Human Rights approval and compliance with the Living Wage Ordinance
was received on April 28, 2002 for Sinclair Recreation, LLC;
RESOLVED, That City Council approve a service purchase agreement with Sinclair
Recreation, LLC to supply, ship, and install a picnic pavilion and shade structures per their
quotation in the amount of $66,645.00 for Northeast Area Park;
RESOLVED, That the Mayor and City Council approve a construction contingency in the
amount of $3,460.00 (10%) to cover potential contract change orders to be approved by
the City Administrator and a total construction budget of $70,105.00 for the life of the
project without regard to fiscal year; and
RESOLVED, That the Mayor and City Clerk be authorized and directed to execute the
contract after approval as to substance by the City Administrator and approval as to form
by the City Attorney.
*************************
Council - August 4, 2003 7
R-323-8-03 APPROVED
RESOLUTION TO APPROVE A CONSTRUCTION CONTRACT WITH
MARGOLIS NURSERY, INC., ($42,487.00) FOR IMPROVEMENTS AT
WINDEMERE PARK (BID NO. 3613) AND TO ESTABLISH A
CONSTRUCTION BUDGET FOR $46,735.70
Whereas, Renovations at Windemere Park are identified in the Park and Recreation Open
Space Plan, 2000-2005;
Whereas, A neighborhood survey and public meeting were conducted to obtain input into
improvements at the parks;
Whereas, Competitive bids were sought by the Purchasing Division with bids received on
July 15, 2003 and Margolis Nursery, Inc. was identified as the lowest responsible bidder;
Whereas, Funds for the project are from the Parks Rehabilitation and Development Millage
and previously collected developer park contributions; and
Whereas, The Human Rights approval and compliance with the living wage ordinance was
received on May 30, 2003 for Margolis Nursery, Inc.;
RESOLVED, That City Council approve a construction contract, per bid #3613, with
Margolis Nursery, Inc. in the amount of $42,487.00 for Improvements at Windemere Park;
RESOLVED, That the Mayor and City Clerk be authorized and directed to execute the
agreement with Margolis Nursery, Inc. after approval as to substance by the City
Administrator and approval as to form by the City Attorney; and
RESOLVED, That City Council approve a construction contingency in the amount of
$4,248.70 (10%) to cover potential contract change orders to be approved by the City
Administrator and a total project budget of $46,735.70 for the life of the project without
regard to fiscal year.
*************************
8 Council - August 4, 2003
R-324-8-03 APPROVED
RESOLUTION TO APPROVE A PROFESSIONAL LEGAL SERVICES
AGREEMENT WITH MODEL CITIES LEGAL SERVICES TO PROVIDE
LEGAL REPRESENTATION AS COURT-APPOINTED COUNSEL
TO INDIGENT DEFENDANTS
Whereas, Persons charged with misdemeanor violations for which incarceration may be
imposed are entitled to legal representation;
Whereas, Persons who are determined by the 15th District Court to be indigent have the
right to have counsel appointed by the Court to represent them at public expense;
Whereas, The City of Ann Arbor is obligated by law to fund 15th District Court operations;
Whereas, Funds for Court-appointed counsel for indigent persons have been approved in
the 15th District Court's FY 2003 - 2004 Budget in the amount of $150,000.00;
Whereas, Pursuant to Michigan Court Rule 8.110(C), the Chief Judge is the chief
administrative official in the District Court and is responsible for oversight of the
appointment of counsel for indigent defendants;
Whereas, The 15th District Court frequently appoints Model Cities Legal Services attorneys
to represent indigent defendants based on their proven abilities, demonstrated knowledge
and sensitivity in performing this work;
Whereas, The cost for Court-appointed legal representation by Model Cities Legal Services
is less than the prevailing rate for private legal representation in such matters; and
Whereas, On July 17, 2003, Living Wage and Human Rights approval was granted by the
City Human Resources Department;
RESOLVED, That City Council approve a professional legal services agreement with
Model Cities Legal Services to provide Court-appointed counsel for indigent defendants
appearing in the 15th District Court, in an amount not to exceed $150,000.00 for FY 2003 -
2004; and
RESOLVED, That the Mayor and City Clerk be authorized and directed to execute the
agreement after approval as to substance by the City Administrator and approval as to
form by the City Attorney.
*************************
Council - August 4, 2003 9
R-325-8-03 APPROVED
RESOLUTION AUTHORIZING THE PURCHASE OF OPERATING
MATERIALS, BID NO. 3531, C & T TRANSPORT, INC.
Whereas, The City uses operating materials on major and local streets during the daily
work activities;
Whereas, Competitive bids were sought for the supply of operating materials, C & T
Transport, Inc. submitted the lowest responsible bid; and
Whereas, C & T Transport Inc., received Human Rights approval on May 15 2003;
RESOLVED, That City Council approve the purchase of operating materials from C & T
Transport, Inc., in the amount of $60,000.00; and
RESOLVED, That purchases be funded from the approved FY 2003/04 budgets of Water
Supply Fund ($40,000.00) and Sanitary Sewer Fund ($20,000.00).
*************************
R-326-8-03 APPROVED
RESOLUTION TO ACCEPT BOARD OF INSURANCE ADMINISTRATION
MINUTES OF JULY 24, 2003 AND TO AUTHORIZE PAYMENTS
RESOLVED, That the attached Board of Insurance Administration Minutes of July 24, 2003
be accepted and that the recommended courses of action therein, including payments and
insurance premium renewals, be approved and authorized.
MINUTES
July 24, 2003
CITY OF ANN ARBOR BOARD OF INSURANCE ADMINISTRATION
Present: Jim Armstrong - Risk Manager
Joan Lowenstein - City Council Member
Mary Siefert - Treasurer
Abigail Elias - Chief Assistant City Attorney
Ronald Olson - Associate City Administrator
Marilyn Mack - Claims Specialist
10 Council - August 4, 2003
Constance Hayes - Administrative Assistant
David Swan - Assistant City Attorney
Claims Recommended for Approval:
CC048-03 Rhonda Gilpin
Property Damage
Discussed by Jim Armstrong, Risk Manager
CC040-03 Christopher Graham
Vehicle Damage
Discussed by Jim Armstrong, Risk Manager
Claims Recommended for Denial:
CC068-03 Linda Ulrickson
Vehicle Damage
Discussed by Marilyn Mack, Claims Specialist
CC031-03 Thomas/Elizabeth Allmand
Sewer Back Up
Discussed by Marilyn Mack, Claims Specialist
CC035-03 Downtown Development Authority
Property Damage
Discussed by Jim Armstrong, Risk Manager and David Swan,
Assistant City Attorney
Old Business:
New Business:
Property Insurance Proposal discussed by Jim Armstrong, premium amount
recommended for approval by Board.
Insurance renewals discussed by Jim Armstrong, Risk Manager. (Fiduciary Liability,
Fidelity Bond, Airport Liability, Underground Storage Tanks, Excess Workers'
Compensation, Excess Liability)
Council - August 4, 2003 11
Other Business:
Jim Armstrong updated the Insurance Board on seventeen pending claims, departmental
subrogation recoveries and Insurance Fund subrogation recoveries.
The question being the foregoing Consent Agenda items as presented, on a voice vote, the
Mayor declared the motion carried.
****************************************************************************************************
R-327-8-03 APPROVED AS AMENDED
(RESOLVED TO APPROVE A PROFESSIONAL SERVICES AGREEMENT
WITH WASHTENAW ENGINEERING COMPANY ($414,525.00)
AND ESTABLISH A PROJECT DESIGN BUDGET FOR THE WEST
STADIUM BOULEVARD RECONSTRUCTION PROJECT)
Council Member Carlberg moved, seconded by Council Member Teall that the resolution
be adopted.
Council Member Groome moved, seconded by Council Member Herrell that the resolution
be amended as follows:
Add Whereas Clause:
… Whereas, There will be extensive public involvement in the design phase for this
project; and…
On a voice vote, the Mayor declared the motion carried.
The question being the resolution as amended, on a voice vote, the Mayor declared the
motion carried.
The resolution as amended reads as follows:
RESOLUTION TO APPROVE A PROFESSIONAL SERVICES AGREEMENT
WITH WASHTENAW ENGINEERING COMPANY ($414,525.00)
AND ESTABLISH A PROJECT DESIGN BUDGET FOR THE WEST
STADIUM BOULEVARD RECONSTRUCTION PROJECT
Whereas, The West Stadium Boulevard Reconstruction is planned for construction
contract letting by the Michigan Department of Transportation (MDOT) in 2004;
12 Council - August 4, 2003
Whereas, It is now necessary to begin the planning and the engineering design for the
West Stadium Boulevard Reconstruction project, to meet the required deadlines;
Whereas, It is necessary to retain the services of a professional engineering firm to
perform the project design;
Whereas, Washtenaw Engineering Company has demonstrated the required experience,
qualified professionals, and competitive fee schedule for planning and design of the
project;
Whereas, Washtenaw Engineering Company received Human Rights approval on August
4, 2003, and complies with the living wage ordinance; and
Whereas, There will be extensive public involvement in the design phase for this project;
RESOLVED, That City Council approve a professional services agreement with
Washtenaw Engineering Company in the amount of $414,525.00 for the planning and
design of the West Stadium Boulevard Reconstruction Project;
RESOLVED, That the Mayor and City Clerk be authorized and directed to execute said
professional services agreement, after approval as to form by the City Attorney, and
approval as to substance by the City Administrator;
RESOLVED, That the following project budget be adopted for the life of the project, to be
available without regard to fiscal year:
Section I - Revenue
$ 588,525.00 Street Resurfacing Millage (Fund 0062)
$ 588,525.00 TOTAL
Section II - Expenses
$414,525.00 Consulting engineering services
127,000.00 Other charges including project management, City owned
vehicles, printing, materials and supplies, etc.
47,000.00 Contingencies to be approved by the City Administrator
$588,525.00 TOTAL; and
Council - August 4, 2003 13
RESOLVED, That the City Administrator be authorized to take necessary administrative
actions to implement this resolution.
****************************************************************************************************
R-328-8-03 APPROVED
RESOLUTION REQUESTING THE ESTABLISHMENT OF A PROCESSING
PRELIMINARY BREATH TEST (PBT) FEE IN THE AMOUNT OF $5.00
Whereas, The Police Department front desk administers over 200 court-ordered
preliminary breath tests per year;
Whereas, The Ann Arbor Police Department fee analysis shows that the associated costs
for processing this test is equal to $5.00; and
Whereas, The Police Department desires to collect a $5.00 fee per test to defray the costs
associated with processing a court-ordered preliminary breath test;
RESOLVED, That Council authorize the Police Department to collect a $5.00 fee for courtordered
preliminary breath tests.
Council Member Carlberg moved, seconded by Council Member Groome that the
resolution be adopted.
On a voice vote, the Mayor declared the motion carried.
ORDINANCES - SECOND READING
32-03 APPROVED
CITATIONS FOR VIOLATIONS OF VARIOUS PUBLIC HEALTH,
SAFETY AND WELFARE PROVISIONS
An Ordinance to Amend Section 1:17 of Title I of the Ann Arbor City Code
to Authorize the Issuance of Citations for Violations of Various Public Health, Safety
and Welfare Provisions of the Ann Arbor City Code by the Community Standards Unit
of the Ann Arbor Police Department when Created
(The complete text of Ordinance 32-03 is on file in the City Clerk's Office).
14 Council - August 4, 2003
Council Member Easthope moved, seconded by Council Member Teall that the ordinance
be adopted at second reading.
On a voice vote, the Mayor declared the motion carried.
ORDINANCES - FIRST READING
None.
MOTIONS AND RESOLUTIONS
R-329-8-03 APPROVED
RESOLUTION TO APPROVE THE PURCHASE OF DESKTOP AND NOTEBOOK
COMPUTERS AND MISCELLANEOUS HARDWARE FROM ELECTRONIC
DATA SYSTEMS CORPORATION FOR FISCAL YEAR 2003-04
Whereas, The City of Ann Arbor requires that desktop computers, printers and other
hardware be replaced to keep up with the changes necessary to efficiently and effectively
increase the level of city services delivery;
Whereas, The City of Ann Arbor requires computer purchases over $2,000.00 be bid out
and awarded to the lowest bidder;
Whereas, The Administrative Services Department, Purchasing Division has been
permitted (by Council resolution dated March 31, 1975) to procure products and/or services
from the State of Michigan through its Extended Purchasing Program due to lower costs for
volume purchases;
Whereas, The State of Michigan's extended purchasing contract with Electronic Data
Systems Corporation is a cost effective means of obtaining hardware, software and
services that improves the City of Ann Arbor's overall acquisition process by minimizing
duplicate efforts;
Whereas, Electronic Data Systems Corporation has received Human Rights approval on
July 31, 2002; and
Whereas, Funding for these purchases is available through the Information Technology
Special Projects Fund;
Council - August 4, 2003 15
RESOLVED, That the City Administrator be authorized to issue a purchase order to
Electronic Data Systems Corporation for the sum of $200,000.00 for desktop and notebook
computers and associated miscellaneous hardware.
Council Member Woods moved, seconded by Council Member Herrell that the resolution
be adopted.
On a voice vote, the Mayor declared the motion carried.
****************************************************************************************************
R-330-8-03 APPROVED
RESOLUTION TO APPROVE 320 EAST LIBERTY STREET SITE PLAN
Whereas, ECD Associates, LLC has requested site plan approval in order to construct a
four-story, 38,782-square foot, 14-unit residential building at 320 East Liberty Street;
Whereas, The Ann Arbor City Planning Commission, on May 20, 2003, recommended
approval of the site plan;
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 this Chapter; 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 320 East Liberty Street Site Plan.
A communication was received from the City Planning Commission transmitting its
recommendation of approval of the proposed 320 East Liberty Site Plan, 0.2 acre.
Council Member Woods moved, seconded by Council Member Carlberg that the resolution
be adopted.
Council Member Groome moved, seconded by Council Member Herrell to postpone the
resolution until August 18, 2003 for further review.
16 Council - August 4, 2003
On roll call, the vote was as follows:
Yeas, Council Members Carlberg, Herrell, Groome, Lowenstein, Mayor Hieftje, 5;
Nays, Council Member Reid, Teall, Higgins, Easthope, Woods, Johnson, 6.
The Mayor declared the motion failed.
The question being the main motion as presented, on roll call, the vote was as follows:
Yeas, Council Members Carlberg, Teall, Higgins, Easthope, Woods, Johnson, Lowenstein,
Reid, Mayor Hieftje, 9;
Nays, Herrell, Groome, 2.
The Mayor declared the motion carried.
****************************************************************************************************
R-331-8-03 APPROVED
RESOLUTION TO APPROVE DiCECCO 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, Ronald and Martha DiCecco are the owners of said property; and
Whereas, It is the desire of Ronald and Martha DiCecco 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:
Lot 57 Hillwood Sub #5 Also, Beg at NW cor Lot 57, th S 02-41-40 E 138.46
ft, th 137.23 ft alng arc-cur-lft, rad = 133.57 ft, CH = N 30-24-00 W 131.21
ft, th N 01-26-30 E 16.41 ft, th 30.13 ft alng arc-curv-lft, rad = 473.75 ft, ch =
N 09-53-32 W 30.13 ft, ths 72-02-55 E 67.96 ft to POBPT of Rock Creek
Court, Hillwood Sub No 5. 0.09 ac.
Council - August 4, 2003 17
A communication was received from the City Planning Commission transmitting its
recommendation of approval of the proposed DiCecco Annexation, 0.74 acre, located at
336 Rock Creek Court.
Council Member Carlberg moved, seconded by Council Member Lowenstein that the
resolution be adopted.
On a voice vote, the Mayor declared the motion carried.
****************************************************************************************************
R-332-8-03 APPROVED
RESOLUTION TO APPROVE HIDEAWAY LANE 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, ABC Ann Arbor Corporation is the owner of said property; and
Whereas, It is the desire of ABC Ann Arbor Corporation 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:
Commencing at the N ¼ corner of Section 21, T2S, R6E, Ann Arbor
Township, Washtenaw County, Michigan, thence N 89o29'00" E 1544.67 feet
along the North Line of said Section 21 to the POINT OF BEGINNING, said
point being N 89o29'00" E 219.58 feet from the Northwest Corner of the East
½ of the Northeast ¼ of said Section 21; thence continuing along the North
Line of said Section 21 N 89o29'00" E 66.00 feet; thence S 02o38'28" W
165.25 feet; thence S 89o29'00" W 66.00 feet; thence N 02o38'28" E 165.25
feet to the POINT OF BEGINNING. Being a part of the East ½ of the
Northeast ¼ of Section 21, T2S, R6E, Ann Arbor Township, Washtenaw
County, Michigan, containing 0.25 acres of land, more or less, subject to
easements and restrictions of record, if any.
18 Council - August 4, 2003
A communication was received from the City Planning Commission transmitting its
recommendation of approval of the proposed Hideaway Lane annexation, 0.25 acre,
located at 2000 Traver Road.
Council Member Woods moved, seconded by Council Member Johnson that the resolution
be adopted.
On a voice vote, the Mayor declared the motion carried.
****************************************************************************************************
R-333-8-03 APPROVED
RESOLUTION TO APPROVE SMITH ANNEXATION
Whereas, The territory hereinafter described is located in the Township of Pittsfield and is
adjacent to the corporate limits of the City of Ann Arbor;
Whereas, Dianna Smith is the owner of said property; and
Whereas, It is the desire of Dianna Smith 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 Pittsfield, Washtenaw County, Michigan, be detached from said Township of
Pittsfield and annexed to the City of Ann Arbor, to-wit:
Lot 26, Walden Woods Subdivision, Pittsfield Charter Township,
Washtenaw County, Michigan.
A communication was received from the City Planning Commission transmitting its
recommendation of approval of the proposed Smith annexation, 0.13 acre, located at 2975
Shady Lane.
Council Member Carlberg moved, seconded by Council Member Teall that the resolution
be adopted.
On a voice vote, the Mayor declared the motion carried.
****************************************************************************************************
Council - August 4, 2003 19
R-334-8-03 APPROVED
RESOLUTION TO APPROVE A PURCHASE AGREEMENT FOR 8.1 ACRES
OF LAND OWNED BY THE FIRST MARTIN CORPORATION ON HURON
PARKWAY WEST OF TRAVERWOOD DRIVE FOR PARK USE
Whereas, The 8.1 acres of vacant land on Huron Parkway owned by the First Martin
Corporation is for sale and the Department of Parks and Recreation and Park Advisory
Commission recommend that the site be acquired for public park use;
Whereas, The 2000-2005 Park, Recreation and Open Space Plan recommend that the
parcel be acquired for park use;
Whereas, The 2003 Draft Northeast Area Plan (February 28, 2003) recommend the
preservation of high quality natural systems;
Whereas, This 8.1 acres of woodlands is classified by the City as a "Native Forest
Fragment" and as such receives the "highest concern" protection priority under Chapter 57
Section 5:128 of the Ann Arbor City Code;
Whereas, The required Environmental Assessment of the property was completed with no
findings;
Whereas, The 8.1 acres of land was appraised by John A. Rasmussen, MAI, Certified
General Appraiser as required by Section 1:320 of the Ann Arbor City Code;
Whereas, The owners have agreed to sell the property to the City for use as park land for
$650,000.00, at a cost less than the appraisal; and
Whereas, There are sufficient funds in the Park Acquisition Millage (Fund 0024) to match
the total purchase price of $650,000.00 plus $1,500.00 estimated incidental closing costs
totaling $651,500.00;
RESOLVED, That City Council approve a sales agreement for the purchase of the 8.1
acres of park land owned by the First Martin Corporation, described as:
Commencing at the Southwest Corner of Section 15, T2S, R6E, City of Ann Arbor,
Washtenaw County, Michigan thence N 880 23' 50" E 1313.45 feet along the South
line of said Section 15; thence N 000 54' 42" W 1774.61 feet along the West line of
the East ½ of the Southwest ¼ of said Section 15 for a PLACE OF BEGINNING;
thence N 000 54' 42" W 750.00 feet, thence the following two courses along the
South line of Huron Parkway: N 880 09' 15" E 206.18 feet, and 303.48 feet along
20 Council - August 4, 2003
the arc of a circular curve to the right, radius 625.48 feet, chord bearing S 710 50'
06" E 428.08 feet, thence S 000 54' 42" E 442.50 feet, thence S 250 44' 10" W
265.44 feet, thence S 880 09' 15" W 380.00 feet, to the Place of Beginning, being a
part of the East ½ of the Southwest ¼ of said Section 15, containing 8.1 acres of
land, more or less, and being subject to easements and restrictions of record, if any.
for park use;
RESOLVED, That City Council authorize the expenditure of $650,000.00 from the Park
Acquisition Millage (Fund 0024) for the purchase and associated closing costs and fees to
be available for expenditure without regard to fiscal year;
RESOLVED, That the Mayor and Clerk be directed to execute the sales agreement after
approval as to form by the City Attorney; and
RESOLVED, That the City Administrator, or designee, be authorized to act as the closing
agent for the City with the authority to execute any closing documents necessary to
complete the transaction.
Council Member Woods moved, seconded by Council Member Johnson that the resolution
be adopted.
On a voice vote, the Mayor declared the motion carried.
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R-335-8-03 APPROVED
RESOLUTION TO APPROVE A PROJECT AGREEMENT WITH THE
MICHIGAN DEPARTMENT OF TRANSPORTATION FOR A TRANSPORTATION
ENHANCEMENT GRANT TO FUND A MULTI-USE PATH
THROUGH BANDEMERE PARK
Whereas, A grant for $98,000.00 was approved by the Michigan Department of
Transportation (MDOT) toward a $190,489.50 project to be funded by the Park
Rehabilitation and Development Millage for the construction of a multi-use path through
Bandemer Park;
Whereas, MDOT requires that the City enter into a grant project agreement to receive the
$98,000.00 in matching funds; and
Council - August 4, 2003 21
Whereas, There are sufficient funds in the Park Rehabilitation and Development Millage to
cover the estimated City match of $92,489.50, the 10% contingency of $19,049.00 plus the
reimbursable $98,000.00 in grant funds for the project for a total project budget of
$209,538.50;
RESOLVED, That City Council approve the agreement for the Transportation
Enhancement Program grant funds with the MDOT to construct a multi-use path through
Bandemer Park with $98,000.00 to be reimbursed to the Park Rehabilitation and
Development Millage from the Michigan DOT upon completion of the project; and
RESOLVED, That the Mayor and City Clerk be authorized to execute all documents
necessary to complete the requirements of the project grant agreement with the Michigan
Department of Transportation after approval as to substance by the City Administrator and
approval as to form by the City Attorney.
Council Member Johnson moved, seconded by Council Member Woods that the resolution
be adopted.
On a voice vote, the Mayor declared the motion carried.
****************************************************************************************************
R-336-8-03 APPROVED
RESOLUTION TO APPROVE A CONSTRUCTION CONTRACT WITH FONSON, INC.,
PER BID NO. 3598 IN THE AMOUNT OF $190,489.50 TO CONSTRUCT A
MULTI-USE PATH THROUGH BANDEMER PARK AND ESTABLISH A
PROJECT BUDGET OF $209,538.50
Whereas, The Huron River Greenway is one of the highest priorities for capital
improvement projects for the Parks and Recreation Department;
Whereas, The multi-use path through Bandemer Park is an important section of the Huron
River Greenway;
Whereas, A grant for $98,000.00 was approved by the Michigan Department of
Transportation (MDOT) to be used toward the $190,489.50 project to be funded by the
Park Rehabilitation and Development Millage for the construction of a multi-use path
through Bandemer Park;
22 Council - August 4, 2003
Whereas, There are sufficient funds in the Park Rehabilitation and Development Millage to
cover the estimated total City match of $92,489.50, the 10% contingency of $19,049.00
plus the reimbursable $98,000.00 in grant funds for the project for a total project budget of
$209,538.50;
Whereas, Fonson, Inc. was the lowest responsible bidder for this project; and
Whereas, Federal Wage Rages and Human Rights policies will be followed for this project
according to the requirements of the grant;
RESOLVED, That the Mayor and City Council approve a construction contract, per bid
#3598, with Fonson Inc. in the amount of $190,489.50 for the construction of the
Bandemer Park Multi-Use Path;
RESOLVED, That the Mayor and City Council approve a construction contingency in the
amount of $19,049.00 (10%) to cover potential contract change orders to be approved by
the City Administrator and to approve a total project budget of $209,538.50 for the life of
the project without regard to fiscal year; and
RESOLVED, That the Mayor and City Clerk be authorized and directed to execute the
contract after approval as to substance by the City Administrator and approval as to form
by the City Attorney.
Council Member Johnson moved, seconded by Council Member Woods that the resolution
be adopted.
On roll call, the vote was as follows:
Yeas, Council Members Carlberg, Herrell, Teall, Easthope, Woods, Groome, Johnson,
Lowenstein, Reid, Mayor Hieftje, 10;
Nays, Council Member Higgins, 1.
The Mayor declared the motion carried.
****************************************************************************************************
Council - August 4, 2003 23
R-337-8-03 APPROVED
RESOLUTION TO APPROVE AMENDMENT NO. 2 TO THE LEASE AGREEMENT
WITH DAHLMANN APARTMENTS, LTD., FOR OFFICE SPACE IN THE
CITY CENTER BUILDING FOR 3 YEARS, $41,400.00 FIRST YEAR
Whereas, The City of Ann Arbor has leased office and storage space in the City Center
building at 220 E. Huron since 1995;
Whereas, Dahlmann Apartments Ltd., (landlord) is offering to lease to the City, 2300
square feet of additional space on the first floor of the City Center building for $18.00 per
sq. foot, to total $41,400.00 for the first year, that is immediately available to current needs
of the Police Department and the Office of Emergency Management;
Whereas, It is necessary to relocate the Safety Services section and Emergency
Management functions currently occupying the second floor of Fire Station One so that
construction of the new Safety Services dispatch center can begin;
Whereas, The 2300 square foot space on the first floor will accommodate the Safety
Services and Emergency Operations sections with necessary modifications to be made by
the landlord; and
Whereas, Dahlmann Apartments Ltd., has Human Rights Approval as of July 10, 2003;
RESOLVED, That City Council approve the amended lease with Dahlmann Apartments
Ltd. Effective August 15, 2003, to accommodate the three Safety Services units on the first
floor of the City Center building; and
RESOLVED, That the Mayor and City Clerk be authorized and directed to execute the
necessary lease amendment with Dahlmann Apartments, Ltd., after approval as to
substance by the City Administrator and approval as to form by the City Attorney.
Council Member Herrell moved, seconded by Council Member Woods that the resolution
be adopted.
On a voice vote, the Mayor declared the motion carried.
****************************************************************************************************
24 Council - August 4, 2003
R-338-8-03 APPROVED
RESOLUTION ACCEPTING UTILITY EASEMENT FOR WATER MAIN
AND VACATING UTILITY EASEMENT FOR SANITARY SEWER FROM THE
RUDOLPH STEINER SCHOOL ASSOCIATION OF ANN ARBOR
Whereas, The City of Ann Arbor acquired a utility easement from The Rudolf Steiner
School Association of Ann Arbor, a Michigan non-profit corporation, for the construction
and maintenance of a sanitary sewer, recorded on October 22, 1992 in Liber 2697, Pages
49-52 and re-recorded on May 26, 1993 in Liber 2794, Pages 182-185, Washtenaw County
Records, Michigan;
Whereas, The City of Ann Arbor and the Rudolf Steiner School Association of Ann Arbor
now desire to abandon the above-described sanitary sewer easement; and
Whereas, The Rudolf Steiner School Association of Ann Arbor has granted to the City of
Ann Arbor a 40-foot wide utility easement for water main to replace the above-described
sanitary sewer easement;
RESOLVED, That the City of Ann Arbor hereby relinquish all rights conveyed to it in the
utility easement recorded in Liber 2697, Pages 49-52, re-recorded in Liber 2794, Pages
182-185, Washtenaw County Records described below and that an appropriate instrument
approved by the City Attorney be recorded at the Washtenaw County Register of Deed's
Office as soon as practicable following approval of this resolution:
A 40-foot wide easement for water main, the centerline of which is described as follows:
Commencing at the N ¼ Corner of Section 18, T2S, R6E, Washtenaw
County, Michigan; thence S89º 32' W 472.75 feet along the N line of said
Section 18 and the centerline of Newport Road; thence S0º 30' W 33.0 feet
for a PLACE OF BEGINNING; thence S0º30' W 346.57 feet; thence N80º 47'
15" E 94.94 feet; thence S80º 47' 15" W 94.94 feet; thence S0º 30' W 6.25
feet; thence S25º 58' 59" W 130.89 feet; thence S22º 15' 02" E 140.97 feet;
thence N67º 41' 25" E 40.24 feet; thence S67º 41' 25" E 40.24 feet; thence
N22º 15' 02" W 17.11 feet; thence S67º 39' 13" W 177.48 feet; thence S0º
30' W 89.08 feet; thence S41º 19' 44" E 17.00 feet; thence S48º 40' 16" W
37.54 feet; thence N89º 30' 00" W 23.36 feet to a point on the East line of
Barton Plateau No. 2, a subdivision as recorded in Liber 19, Pages 33 and
34, Washtenaw County Records, Washtenaw County, Michigan; thence S89º
30' 00" E 23.36 feet; thence N48º 40' 16" E 37.54 feet; thence S41º 19' 44" E
75.90 feet; thence S18º 49' 44" E 97.55 feet; thence S36º 18' 25" E 30.02
feet more or less to the South line of the Rudolf Steiner School site for a
Council - August 4, 2003 25
PLACE OF ENDING of said centerline of a 40-foot wide water main
easement, being a part of the NW ¼ of Section 18, T2S, R6E, Washtenaw
County, Michigan.
RESOLVED, That the City Clerk be authorized to execute the documents necessary to
vacate the existing utility easement described in Liber 2697, Page 49-52, re-recorded in
Liber 2794, Pages 182-185, Washtenaw County Records; and
RESOLVED, That the City of Ann Arbor accept an easement for public utilities for water
main from the Rudolf Steiner School Association of Ann Arbor, a Michigan non-profit
corporation, in, on and over property located in the City of Ann Arbor, Washtenaw County,
Michigan and described as follows:
A 40-foot wide easement for water main, the centerline of which is described as follows:
Commencing at the N ¼ Corner of Section 18, T2S, R6E, Washtenaw
County, Michigan; thence S89º 32' W 472.75 feet along the N line of said
Section 18 and the centerline of Newport Road; thence S0º 30' W 33.0 feet
for a PLACE OF BEGINNING; thence S0º30' W 346.57 feet; thence N80º 47'
15" E 94.94 feet; thence S80º 47' 15" W 94.94 feet; thence S0º 30' W 6.25
feet; thence S25º 58' 59" W 130.89 feet; thence S22º 15' 02" E 140.97 feet;
thence N67º 41' 25" E 40.24 feet; thence S67º 41' 25" E 40.24 feet; thence
N22º 15' 02" W 17.11 feet; thence S67º 39' 13" W 177.48 feet; thence S0º
30' W 89.08 feet; thence S41º 19' 44" E 17.00 feet; thence S48º 40' 16" W
37.54 feet; thence N89º 30' 00" W 23.36 feet to a point on the East line of
Barton Plateau No. 2, a subdivision as recorded in Liber 19, Pages 33 and
34, Washtenaw County Records, Washtenaw County, Michigan; thence S89º
30' 00" E 23.36 feet; thence N48º 40' 16" E 37.54 feet; thence S41º 19' 44" E
75.90 feet; thence S18º 49' 44" E 97.55 feet; thence S36º 18' 25" E 30.02
feet more or less to the South line of the Rudolf Steiner School site for a
PLACE OF ENDING of said centerline of a 40-foot wide water main
easement, being a part of the NW ¼ of Section 18, T2S, R6E, Washtenaw
County, Michigan.
Council Member Carlberg moved, seconded by Council Member Herrell that the resolution
be adopted.
On a voice vote, the Mayor declared the motion carried.
****************************************************************************************************
26 Council - August 4, 2003
R-339-8-03 APPROVED
RESOLUTION ACCEPTING UTILITY EASEMENT FOR WATER MAIN
AND VACATING UTILITY EASEMENT FOR WATER MAIN FROM
FORESTCOVE, L.L.C - FORESTCOVE M-14 OFFICE PARK
Whereas, Forestcove, L.L.C., a Michigan limited liability company, is the fee simple owner
of property located in the City of Ann Arbor, Washtenaw County, Michigan as described in
the Washtenaw County Records at Liber 3861, Page 817, dated April 6, 1999;
Whereas, The City of Ann Arbor acquired a utility easement for water main from
Forestcove, L.L.C., a Michigan limited liability company, for the construction and
maintenance of public utilities, recorded on August 3, 1999 in Liber 3889, Page 582,
Washtenaw County Records, Michigan;
Whereas, The City of Ann Arbor and Forestcove, L.L.C., a Michigan limited liability
company, now desire to abandon the above-referenced utility easement; and
Whereas, Forestcove, L.L.C., a Michigan limited liability company, has granted a 40-foot
wide utility easement to the City of Ann Arbor to replace the above-described utility
easement;
RESOLVED, That the City of Ann Arbor hereby relinquishes all rights conveyed to it in the
utility easement recorded in Liber 3889, Page 582, Washtenaw County Records, Michigan
described below and that an appropriate instrument approved by the City Attorney be
recorded at the Washtenaw County Register of Deed's Office as soon as practicable
following approval of this resolution:
40.0 FT. WIDE WATER MAIN IN THE N ¼ of SECTION 24, T2S, R5E
CITY OF ANN ARBOR, WASHTENAW COUNTY, MICHIGAN
Commencing at the N ¼ corner of Section 24, T2S, R5E, City of Ann Arbor,
Washtenaw County, Michigan; thence along the North line of said Section,
N88º 37' W 27.95 feet for a PLACE OF BEGINNING; thence N51º 22' 30" W
16.52; thence N88º 37' 00" W 172.28 feet; thence S00º 21' 44" W 36.08 feet;
thence S89º 36' 05" E 214.27 feet; thence N51º 22' 30" W. 36.99 feet to THE
PLACE OF BEGINNING, being a part of the N ½ of said Section.
40.0 FT. WIDE WATER MAIN IN THE N ¼ of SECTION 24, T2S, R5E
CITY OF ANN ARBOR, WASHTENAW COUNTY, MICHIGAN
Council - August 4, 2003 27
Commencing at the N ¼ corner of Section 24, T2S, R5E, City of Ann Arbor,
Washtenaw County, Michigan; thence along the North line of said Section,
N88º 37' W 27.95 feet; thence S51º 22' 30" E 167.90 feet for a PLACE OF
BEGINNING; thence S38º 25' 35" W feet; thence S20º 38' 43" W 412.25
feet; thence S69º 21' 17"E 40.00 feet; thence N20º 38' 43" E 405.99 feet;
thence N38º 25' 35" E 21.61 feet; thence N51º 22' 30" W 40.00 feet to the
PLACE OF BEGINNING, being a part of the N ½ of said Section.
RESOLVED, That the City Clerk be authorized to execute the documents necessary to
vacate the existing utility easement described in Liber 3889, Page 582, Washtenaw County
Records, Michigan; and
RESOLVED, That the City of Ann Arbor accept an easement for public utilities from
Forestcove, L.L.C., a Michigan limited liability company, over property located in the City of
Ann Arbor, Washtenaw County, Michigan and described as follows:
Commencing at the N ¼ corner of Section 24, T2S, R5E, City of Ann Arbor,
Washtenaw County, Michigan; thence N88º 37' 00" W 27.95 feet along the N
line of said Section 24 for a PLACE OF BEGINNING; thence N51º 22' 30" W
16.52; thence N00º 23' 55" E 6.88 feet; thence S89º 36' 05" E 39.10 feet;
thence N00º 23' 55" E 4.32 feet; thence S51º 22' 30" E 50.92 feet along the
Southerly right of way of Miller Road (variable width); thence S00º 23' 55" W.
9.01 feet; thence S26º 34' 25" E 20.70 feet; thence S51º 34' 25" E 39.55
feet; thence along said Southerly right of way the following two courses: S38º
37' 30" W 17.38 feet and S51º 22' 30" E 85.81 feet; thence S38º 25' 35" W
21.61 feet; thence along S20º 38' 43" W 405.99 feet; thence N69º 21' 17" W
40.00 feet; thence N20º 38' 43" E 412.25 feet; thence N38º 25' 35" E 5.54
feet; thence N51º 34' 25" W 83.51 feet; thence S63º 25' 35" W 4.57 feet;
thence S00º 10' 26" W 172.21 feet; thence N89º 49' 34" W 40.00 feet;
thence N00º 10' 26" E 187.63 feet; thence N40º 55' 35" E 21.51 feet; thence
N63º 25' 35" E 8.98 feet; thence N26º 34' 25" W 8.82 feet; thence N00º 23'
55" E 5.78 feet; thence N89º 36' 05" W 211.33 feet; thence N00º 21' 44" E
36.08 feet; thence S88º 37' 00" E 172.28 feet to the PLACE OF
BEGINNING.
Council Member Herrell moved, seconded by Council Member Groome that the resolution
be adopted.
On a voice vote, the Mayor declared the motion carried.
****************************************************************************************************
28 Council - August 4, 2003
R-340-8-03 APPROVED
RESOLUTION ACCEPTING UTILITY EASEMENT FOR WATER MAIN
FROM SOUTH STATE COMMONS, L.L.C - PHASE II -
S. STATE STREET AND OAKBROOK DRIVE
Whereas, South State Commons, L.L.C., a Michigan limited liability company, is the fee
simple owner of property located in the City of Ann Arbor, Washtenaw County, Michigan,
as described in the Washtenaw County Records at Liber 4032, Page 780, recorded July
12, 2001;
Whereas, A Resolution of the Sole Member, dated March 3, 2003, authorized the delivery
of a perpetual easement to the City for the construction and maintenance of municipally
operated public services comprising the public utilities system; and
Whereas, South State Commons, L.L.C., a Michigan limited liability company, has
delivered an easement to the City for the construction and maintenance of municipally
operated public services to run with the land and burden the respective property
perpetually, being more particularly described as follows:
WATER MAIN
IN THE SW 1/4 OF SECTION 4, T3S, R6E, CITY OF ANN ARBOR,
WASHTENAW COUNTY, MICHIGAN
Commencing at the SW corner of Section 4, T3S, R6E, City of Ann Arbor,
Washtenaw County, Michigan; thence N 01°53'00" W 250.00 feet along the
West line of said Section 4; thence N 87°09'00" E 51.25 feet; thence N
02°03'20" W 1261.81 feet along the Easterly right-of-way line of State Street;
thence N 87°01'00" E 321.68 feet; thence Easterly 111.91 feet along the arc
of a curve to the right, radius 499.00 feet, central angle 12º 51' 00" and chord
S86º 33' 30" E 111.68 feet to the POINT OF BEGINNING;
Thence N12º 09' 49" E 187.87 feet;
Thence S 77º 50' 11" E 40.00 feet;
Thence S12º 09' 49" W 187.87 feet;
Thence Westerly 40.01 feet in the arc of a curve to the left, radius 499.00
feet, central angle 04º 35' 39", and chord N77º 50' 12" W 40.00 feet to the
POINT OF BEGINNING, being a part of the SW ¼ of Section 4, T3S, R6E,
City of Ann Arbor, Washtenaw County, Michigan, subject to easements and
restrictions of record, if any.
RESOLVED, That the City hereby accept said easement.
Council - August 4, 2003 29
Council Member Easthope moved, seconded by Council Member Herrell that the resolution
be adopted.
On a voice vote, the Mayor declared the motion carried.
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R-341-8-03 APPROVED
RESOLUTION ACCEPTING UTILITY EASEMENT FROM CAMBRIDGE
CONDOMINIUM ASSOCIATES, L.L.C - EISENHOWER BOULEVARD
Whereas, Cambridge Condominium Associates, L.L.C., a Michigan limited liability
company, is the fee simple owner of property located in the City of Ann Arbor, Washtenaw
County, Michigan as described in the Washtenaw County Records at Liber 4117, Page
434, recorded April 18, 2002;
Whereas, The Cambridge Condominium Associates, L.L.C. Operating Agreement, dated
April 17, 2002, authorizes the delivery of a perpetual easement to the City for public
utilities; and
Whereas, Cambridge Condominium Associates, L.L.C., a Michigan limited liability
company, has delivered an easement to the City for the construction and maintenance of
municipally operated public services comprising the public utilities system to run with the
land and burden the respective property perpetually, being more particularly described as
follows:
PARCEL DESCRIPTION
Commencing at the N ¼ Corner of Section 8, T3S, R6E, City of Ann Arbor,
Washtenaw County, Michigan; thence S86º 38' 10" W 1355.77 feet along the
N line of said Section 8 for a PLACE OF BEGINNING; thence 233.41 feet
along the arc of a 1793.86 foot radius non-tangential circular curve to the left,
chord bearing S75º 34' 33" E 233.25 feet along the southerly right-of-way line
of Eisenhower Parkway; thence the following 4 courses along the westerly
right-of-way line of Signature Boulevard; S09º 20' 21" W 21.13 feet, 145.80
feet along the arc of a 292.50 foot radius circular curve to the left, chord
S04º 56' 28" E 144.30 feet, 69.62 feet along the arc of a 217.00 foot radius
reverse circular curve to the right, chord S10º 01' 49" E 69.32 feet, and S00º
50' 20" E 301.86 feet; thence S86º 38' 10" W 247.61 feet; thence N00º 44'
00" W 607.17 feet; thence N86º 38' 10" E 3.57 feet along the north line of
said Section 8 to the PLACE OF BEGINNING.
30 Council - August 4, 2003
DESCRIPTION OF A 40.00 FOOT WIDE
WATER MAIN EASEMENT
Commencing at the North ¼ corner of Section 8, T3S, R6E, City of Ann
Arbor, Pittsfield Township, Washtenaw County, Michigan, thence
S86°38'10"W 1355.77 feet along the North Line of said Section 8; thence
233.41 feet along the arc of a 1793.86 foot radius circular curve to the left,
chord bearing S75°34'33"E 233.25 feet along the Southerly line of
Eisenhower Boulevard (150.00 feet wide); thence along the Westerly line of
Signature Boulevard (66.00 feet wide) the following two courses:
S09°20'21"W 21.13 feet, and 117.42 feet along the arc of a 292.50 foot
radius circular curve to the left, chord bearing S02°09'41"E 116.63 feet for a
PLACE OF BEGINNING; thence continuing along the Westerly line of
Signature Boulevard (66.00 feet wide) the following two courses: 28.37 feet
along the arc of a 292.50 foot radius circular curve to the left, chord bearing
S16°26'30"E 28.37 feet, and 11.64 feet along the arc of a 217.00 foot radius
reverse curve to the right, chord bearing S17°44'42"E 11.64 feet; thence
S72°12'33"W 34.29 feet; thence S89°09'40"W 160.40 feet; thence
S00°50'20"E 104.88 feet; thence N89°09'40"E 13.91 feet; thence
S00°50'20"E 40.00 feet; thence S89°09'40"W 13.91 feet; thence
S00°50'20"E 52.78 feet; thence S12°05'20"E 20.33 feet; thence S57°05'20"E
0.35 feet; thence S88°59'32"E 196.73 feet; thence S00°50'20"E 40.02 feet
along the Westerly line of Signature Boulevard (66.00 feet wide); thence
N88°59'32"W 177.72 feet; thence S00°00'00"E 30.47 feet; thence
S90°00'00"W 40.00 feet; thence N00°00'00"W 36.38 feet; thence
N57°05'20"W 18.50 feet; thence N12°05'20"W 40.84 feet; thence
N00°50'20"W 268.46 feet; thence N89°09'40"E 58.22 feet; thence
S00°50'20"E 26.85 feet; N89°09'40"E 136.22 feet; thence N72°12'33"E
29.00 feet to the PLACE OF BEGINNING. Subject to easements and
restrictions of record, if any.
DESCRIPTION OF A VARIABLE WIDTH
SANITARY SEWER EASEMENT
Commencing at the North ¼ corner of Section 8, T3S, R6E, City of Ann
Arbor, Pittsfield Township, Washtenaw County, Michigan, thence
S86°38'10"W 1355.77 feet along the North Line of said Section 8; thence
233.41 feet along the arc of a 1793.86 foot radius circular curve to the left,
chord bearing S75°34'33"E 233.25 feet along the Southerly line of
Eisenhower Boulevard (150.00 feet wide); thence along the Westerly line of
Signature Boulevard (66.00 feet wide) the following four courses:
Council - August 4, 2003 31
S09°20'21"W 21.13 feet, 145.80 feet along the arc of a 292.50 foot radius
circular curve to the left, chord bearing S04°56'28"E 144.30 feet, 69.62 feet
along the arc of a 217.00 foot radius reverse curve to the right, chord
bearing S10°01'49"E 69.32 feet, and S00°50'20"E 116.87 feet for a PLACE
OF BEGINNING; thence continuing S00°50'20"E 59.20 feet along the
Westerly line of Signature Boulevard (66.00 feet wide); thence N40°46'16"W
43.75 feet; thence N00°50'20"W 9.59 feet; thence N49°13'44"E 31.84 feet;
thence S40°46'16"E 5.71 feet to the Place of Beginning.;
RESOLVED, That the City hereby accept said grant of easement.
Council Member Johnson moved, seconded by Council Member Groome that the
resolution be adopted.
On a voice vote, the Mayor declared the motion carried.
****************************************************************************************************
R-342-8-03 APPROVED AS AMENDED
(RESOLUTION APPOINTING A MEMBER OF THE PARKS ADVISORY
COMMISSION TO THE ENVIRONMENTAL COMMISSION)
Council Member Woods moved, seconded by Council Member Johnson that the resolution
be adopted.
Council Member Johnson moved, seconded by Council Member Woods that the resolution
be amended as follows:
Change Title:
RESOLUTION APPOINTING NOMINATING A MEMBER OF THE PARKS ADVISORY
COMMISSION TO THE ENVIRONMENTAL COMMISSION
Change Whereas Clause:
… Whereas, The Parks Advisory Commission has appointed nominated Catherine Riseng
to this position;
32 Council - August 4, 2003
Change RESOLVED Clause:
RESOLVED, That City Council appoints nominates Catherine Riseng to be the Parks
Advisory Commission member for the Environmental Commission.
The question being, the resolution as amended, on a voice vote, the Mayor declared the
motion carried.
The resolution as amended reads as follows:
RESOLUTION NOMINATING A MEMBER OF THE PARKS ADVISORY
COMMISSION TO THE ENVIRONMENTAL COMMISSION
Whereas, The bylaws of the City Environmental Commission stipulate that a member of
the Parks Advisory Commission shall be nominated as a member of the City Environmental
Commission;
Whereas, This position has become vacant; and
Whereas, The Parks Advisory Commission has nominated Catherine Riseng to this
position;
RESOLVED, That City Council nominates Catherine Riseng to be the Parks Advisory
Commission member for the Environmental Commission.
****************************************************************************************************
R-343-8-03 APPROVED
RESOLUTION RECOGNIZING AIREDALE TERRIER RESCUE AND
ADOPTION (ATRA) AS A CIVIC NONPROFIT ORGANIZATION
OPERATING IN THE ANN ARBOR COMMUNITY FOR THE PURPOSE
OF OBTAINING A CHARITABLE GAMING LICENSE
Whereas, P.A. 382 of 1972, as amended, requires that local civic nonprofit organizations
be recognized by resolution adopted by the local governmental subdivision in which the
organization conducts its principal activities and that a copy of said resolution be filed with
any application for a license to conduct a bingo, raffle or charity game(s);
Whereas, Airedale Terrier Rescue and Adoption (ATRA) has requested that it be
recognized as a civic nonprofit organization operating in the community for the purpose of
obtaining a charitable gaming license;
Council - August 4, 2003 33
Whereas, The mission of Airedale Terrier Rescue and Adoption (ATRA) is to provide
temporary food, shelter and necessary medical care for unwanted, homeless Airedale
Terriers with the goal of preparing the dogs for and assisting in the placement of the dogs
with a permanent home; and
Whereas, Airedale Terrier Rescue and Adoption (ATRA) is a local civic nonprofit
organization as defined by P.A. 382 of 1972, as amended, which should be recognized for
its continuing efforts to improve the welfare of the Ann Arbor canine community and their
owners;
RESOLVED, That City Council hereby approve recognition of Airedale Terrier Rescue and
Adoption (ATRA) as a local civic nonprofit organization operating in the Ann Arbor
community for the purposes of its charitable gaming license application and required by
P.A. 382 of 1972, as amended; and
RESOLVED, That the City Clerk be directed to provide a certified copy of this Resolution to
Airedale Terrier Rescue and Adoption (ATRA) and to take all necessary administrative
actions to provide notice of this Resolution to the Charitable Gaming Division and the
Michigan Department of Treasury.
Council Member Woods moved, seconded by Council Member Easthope to adopt the
resolution.
On a voice vote, the Mayor declared the motion carried.
****************************************************************************************************
R-344-8-03 APPROVED
RESOLUTION TO AMEND THE EXECUTIVE AND PROFESSIONAL PAY
PLANS OF THE CITY CONSISTENT WITH REORGANIZATION
OF THE CITY ATTORNEY'S OFFICE
Whereas, The City Attorney was directed by City Council to evaluate the current structure
of the Office of the City Attorney and make recommendations to Council related to its
organization;
Whereas, The City Attorney has completed his initial evaluation and identified a need for
immediate changes to the professional classifications of the positions of Assistant City
Attorney and Legal Assistant for the following reasons:
34 Council - August 4, 2003
__ Proper classification of the positions in the City's pay structure will allow the City to
retain experienced attorneys and improve the City Attorney's ability to recruit new
talented attorneys in a competitive job market.
o Adjusting the pay range for the Chief Assistant City Attorney is consistent
with the executive functions of the job description;
o Creation of the Senior Assistant City Attorney position is consistent with the
level of training, expertise and legal advice provided to positions in the
Executive Pay Plan by individuals who would qualify for this position;
o Retention of the Assistant City Attorney position provides the City Attorney
with the ability to differentiate based on training, expertise and years of
practice in establishing pay rates for attorneys;
__ Although classified as part of the Professional Pay Plan, all current Assistant City
Attorneys perform executive functions and provide legal advice to all the positions
identified in the Executive Pay Plan;
__ Legal Assistants provide specialized services recognized as such by the State Bar
and interact with the public and those in the Professional Pay Plan on levels
consistent with positions included in the Professional Pay Plan;
__ These classification changes are clearly warranted by the relevant market analyses;
and
Whereas, The City Attorney has recommended the Professional Pay Plan and Executive
Pay Plan currently adopted by the City be amended as follows:
Position Existing Classification New Classification
Chief Assistant City
Attorney
EPP, Range 4
$62,005.00 - $100,006.00
EPP, Range 3
$65,000.00 - $105,019.00
Senior Assistant City
Attorney
EPP, Range 5
$60,008.00 - $95,014.00
First Assistant City
Attorney
PPP, Range A
$57,373.00 - $82,590.00
Eliminate position
Assistant City Attorney PPP, Range A
$57,373.00 - $82,590.00
PPP, Range B
$49,768.00 - $77,491.00
Legal Assistant PPP, Range F
$32,136.00 - $51,251.00;
Council - August 4, 2003 35
RESOLVED, That City Council adopt the recommendations of the City Attorney and
amends the Professional Pay Plan and Executive Pay Plan as outlined in this Resolution;
and
RESOLVED, That the City Administrator be directed to take the necessary administrative
actions to implement this Resolution effective immediately.
Council Member Easthope moved, seconded by Council Member Lowenstein to adopt the
resolution.
On a voice vote, the Mayor declared the motion carried.
REPORTS FROM COUNCIL COMMITTEES
None.
COUNCIL PROPOSED BUSINESS
None.
COMMUNICATIONS FROM THE MAYOR
APPOINTMENTS APPROVED
Mayor Hieftje recommended the following appointments at the July 21, 2003 regular
session of Council:
Downtown Development Authority
Gary Boren (filling vacancy for DDA resident)
322 East Washington Street
Ann Arbor, MI 48103
Term: 8/4/03 - 7/31/06
Robert Aldrich (Reappoint.)
303 N. Fifth Ave.
Ann Arbor, MI 48104
Term: 8/4/03 - 7/31/07
36 Council - August 4, 2003
Fred J. Beal (Reappoint)
2008 Morton Ave.
Ann Arbor, MI 48104
Term: 8/4/03 - 7/31/07
Housing Commission
Debra Gibson (replacing Tammy Weatherspoon)
727 Miller Ave #410
Ann Arbor, MI 48103
Term: 8/4/03 - 5/5/08
Council Member Higgins moved, seconded by Council Member Easthope that Council
concur with the recommendations of the Mayor.
On a voice vote, the Mayor declared the motion carried.
NOMINATIONS PLACED ON TABLE
Mayor Hieftje placed the following nominations on the table for approval at a later date:
Park Advisory Commission
William Rodgers (Filling vacancy of Owen Janssen)
2300 Brockman Blvd.
Ann Arbor, MI 48104
Term: August 21, 2003 to August 20, 2006
Janae Reneaud (Filling vacancy of Linda Langmore)
2040 Charlton St., Apt. 8
Ann Arbor, MI 48103
Term: August 21, 2003 to August 20, 2006
COMMUNICATIONS FROM THE CITY ADMINISTRATOR
ANNOUNCEMENT
Roger W. Fraser, City Administrator, announced that a work and special session of Council
has been scheduled for August 11, 2003 to address the awarding of a contract for general
liability insurance and a closed session to discuss a possible land acquisition. He said in
Council - August 4, 2003 37
addition, the Huron/Jackson report would be discussed, as well as the Water Rate Study
discussion.
REPORTS SUBMITTED
City Administrator Roger Fraser submitted the following reports for information of Council
(Reports on file in the City Clerk's Office):
1. U.S. Department of Education Emergency Response and Crisis Management
Grant Application - Police - Daniel J. Oates, Chief
2. Donation from the First Responder Institute (FRI) to the Ann Arbor Police
Department ($350.00) - Police - Daniel J. Oates, Chief
3. Insurance Renewal Premiums Status - Risk Management - Ronald A. Olson -
Associate City Administrator - Support Services Area
4. Dhu Varren-Omlesaad Intersection - Public Services - William R. Wheeler, P.E.,
Director
5. Application for FY 2003-2004 Local Law Enforcement Block Grant - Police -
Daniel J. Oates, Chief
6. Response to Council Questions Concerning PC Deployment Resolution from
7/21/03 Council Meeting Referencing Agenda Item D-1 for 8/4/03 Council Meeting
- Information Technology Services Unit - Steven C. Hampton, Director
7. Bandemer Park Bicycle Path - Planning - Karen Popek Hart, Director
COMMUNICATIONS FROM THE CITY ATTORNEY
None.
COMMUNICATIONS FROM COUNCIL
None.
38 Council - August 4, 2003
CLERK'S REPORT OF COMMUNICATIONS, PETITIONS AND REFERRALS
The following communications were referred as indicated (Reports on file in the City Clerk's
Office):
1. Ann Arbor Housing Commission - June 18, 2003
2. Ann Arbor Employees' Retirement System - June 19, 2003
3. Ann Arbor Retiree Health Care Benefit Plan and Trust (V.E.B.A.) - June 19, 2003
4. Ann Arbor-Ypsilanti SmartZone Local Development Finance Authority - Board of
Director's - April 2, 2003
Council Member Lowenstein moved, seconded by Council Member Carlberg that the
Clerk's Report be accepted.
On a voice vote, the Mayor declared the motion carried.
PUBLIC COMMENTARY - GENERAL
None.
ADJOURNMENT
There being no further business to come before Council, it was moved by Council Member
Teall and seconded by Council Member Reid that the meeting be adjourned.
On a voice vote, the Mayor declared the motion carried and the meeting adjourned at
10:58 p.m.
Kathleen M. Root
Clerk of the Council
Anissa R. King
Recording Secretary