City of Ann Arbor - File #: 07-0541

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

Date	Ver.	Action By	Action	Result	Action Details	Meeting Details	Video
8/4/2003	1	City Council	Approved	Pass	Action details	Meeting details	Not available

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.

****************************************************************************************************

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: