Title
ANN ARBOR CITY COUNCIL MINUTES REGULAR SESSION - AUGUST 20, 2001
Body
The regular session of the Ann Arbor City Council was called to order at 7:35 p.m. in the
City Hall Council Chamber by Mayor John Hieftje.
Council stood for a moment of silence.
Mayor Hieftje led Council in the recitation of the Pledge of Allegiance.
ROLL CALL OF COUNCIL
PRESENT : Councilmembers Jean Robinson, Joan Lowenstein, Jean Carlberg, Heidi
Cowing Herrell, Stephen C. Hartwell, Marcia Higgins, Christopher
Easthope, Wendy A. Woods, Mayor John Hieftje, 9.
ABSENT : Councilmembers Robert Johnson, Joseph Upton, 2.
SWEARING IN OF NEW POLICE CHIEF
SWEARING IN CEREMONY OF NEW POLICE CHIEF DAN OATES
Interim City Clerk Yvonne Carl administered the Oath of Office to the newly appointed Chief
of Police, Dan Oates. Chief Dan Oates thanked Council for having the opportunity to serve
the citizens of Ann Arbor.
Chief Oates recognized police officers John Elkins, Craig Martin, Christopher Foerg, 911
Dispatcher Rebecca Harrison and Detective William Tucker for having performed to great
credit on behalf of the department and the City.
INTRODUCTIONS
None.
2 Council - August 20, 2001
PUBLIC COMMENTARY - RESERVED TIME
5 SPEAKERS - UNITED WAY CAMPAIGN/BOY SCOUTS
The following speakers spoke in support of the proposed resolution to change the City's
United Way Fund Drive pledge card by eliminating the United Way and Boy Scouts of
America from the list of nonprofit agencies. The United Way funds Boy Scouts of America,
which discriminates against homosexuals.
Helen Fox, 2266 Georgetown Blvd., Ann Arbor Human Rights Commission
Chair
Lori Mikol and Sam Mikol, 410 Wilder Pl.
Mary Jane Schoultz, 706 Indianola
The following speakers spoke in opposition to the proposed resolution to change the City's
United Way Fund Drive pledge card.
David Sponseller, 2648 Antietam
Judy Bloss, 2060 W. Michigan Ave., Ypsilanti, MI 48197
JAMES D'AMOUR - BERKSHIRE CREEK PROJECT
James D'Amour, 1523 Natalie Ln. #204, member of the northeast Area Master Plan
Citizens Advisory Committee, expressed concern with the proposed Berkshire Creek
Project.
KERMIT SCHLANSKER - EMERGENCY PLAN
Kermit Schlansker, 2960 Marshall St., stated that city officials should make an emergency
plan that would form a basis for action when fuel sources are limited and hardships follow.
JIM MOGENSEN - FAITH IN OUTCOMES MEASUREMENT
Jim Mogensen, 3780 Green Brier, spoke about the faith-based initiatives as they relate to
issues within the City of Ann Arbor.
Council - August 20, 2001 3
PUBLIC HEARINGS
APPLICATION OF MICHIGAN BELL TELEPHONE COMPANY, A/K/A AMERITECH OR
AMERITECH MICHIGAN FOR AMENDMENT NO. 4 TO PERMIT NO. 1997
A public hearing was conducted on the proposed application of Michigan Bell Telephone
Company a/k/a Ameritech or Ameritech Michigan, for Amendment No. 4 to Permit No.
1997. Notice of public hearing was published August 10, 2001.
There being no one present to speak, the Mayor declared the hearing closed.
PROPOSED RESOLUTION TO ORDER ELECTION AND DETERMINE BALLOT
QUESTION FOR CHARTER AMENDMENT FOR RENEWAL OF STREET REPAIR
MILLAGE
A public hearing was conducted on the proposed resolution to order an election and
determine the ballot question for a charter amendment for renewal of the street repair
millage. Notice of public hearing was published August 19, 2001.
There being no one present to speak, the Mayor declared the hearing closed.
AMENDMENT TO CHAPTER 28, ADD NEW SECTION 2:51.1 - FOOTING DRAIN
DISCONNECTION PROGRAM (ORDINANCE NO. 32-01)
A public hearing was conducted on the proposed amendment to Chapter 28, Add new
Section 2:51.1 - Footing Drain Disconnection Program. Notice of public hearing was
published August 12, 2001.
The following people appeared:
Anne Hungerman, citizen of Ann Arbor, 4th Ward, spoke in opposition of the
footing drain disconnection program. Ms. Hungerman stated that she has a
surface level water problem in the spring. She does not have a problem with
back-up, but was told that if a sump pump was installed, she would have a
back-up problem.
Stephen Rapundalo, 3106 Bluett, Co-Chair of the Sanitary Sewer Over-flow
Task Force, spoke in support of the proposed footing drain disconnection
program.
4 Council - August 20, 2001
Doug Cox, 2348 Georgetown, asked if consideration was given to help
homeowners finance the program, through a no-cost loan, property tax
relief, or some other measure of assistance. Mr. Cox also stressed concern
with the time given to install such a system.
Wendy Carmen, 2340 Georgetown, commended City staff and consultants
for establishing a new attitude towards solving this problem. Ms. Carmen
supported the concept of the ordinance to implement and fund a city wide
footing drain disconnection program. Ms. Carmen also asked questions of
Council regarding the proposed footing drain disconnection program.
A contractor in town doing basement water proofing, stated that there are
different ways to avoid flooding in basements and keep the city happy without
overtaxing.
Matt Cominskey has been in the drainage business for 25 years. He stated
that there are alternative solutions to the footing drain problems and that it
may be in the city's best interest to look at those alternative solutions.
Martin Tittle, 706 W. Davis, stated that some storm sewers are either at
capacity or have other problems. He suggested that a task force be
implemented to take flow measurements and surcharging measurements on
the storm sewers so that the problem is not recreated.
There being no one else present to speak, the Mayor declared the hearing closed.
APPROVAL OF AGENDA
AGENDA APPROVED WITH CHANGES
Councilmember Hartwell moved that the agenda be approved with the following changes:
PUBLIC HEARING
Add: Amendment to Chapter 28, Add New Section 2:51.1 - Footing Drain
Disconnection Program
CA - CONSENT AGENDA
Add: Resolution to Approve Authorized Expenditures for Certain Rehabilitation
Contractors from July 1, 2001 Through June 30, 2002 (Community
Development)
Council - August 20, 2001 5
D - MOTIONS AND RESOLUTIONS
Revise: [Resolution to Establish Form for United Way Pledge Drive Cards]
(Councilmembers Hartwell, Easthope, Herrell and Woods) (Postponed August
6, 2001) RESOLUTION TO ISSUE A REQUEST FOR PROPOSAL TO
ADMINISTER A PLEDGE DRIVE FOR CITY OF ANN ARBOR EMPLOYEES
CHARITABLE GIVING (Councilmembers Easthope, Hartwell and
LOWENSTEIN)
Revise: Resolution to Appoint Acting Mayor (Mayor)
Delete: [Resolution to Approve Authorized Expenditures for Certain Rehabilitation
Contractors from July 1, 2001 Through June 30, 2002 (Community
Development)] (moved to consent agenda)
Add: Resolution to Accept Board of Insurance Administration Minutes and to
Authorize Payments (Human Resources)
Add: Resolution to Authorize the City Administrator to Execute the Insurance Policy
Renewal for Property Including Boiler & Machinery with Fire Marshal's approval.
Global ($156,648.00) (Human Resources)
Add: Resolution to Authorize the City Administrator to Execute the Insurance Policy
Renewal for Workers' Compensation and Liability with Discover RE
($288,532.00) (Human Resources)
On a voice vote the Mayor declared the motion carried.
6 Council - August 20, 2001
APPROVAL OF COUNCIL MINUTES
MINUTES OF AUGUST 6, 2001 APPROVED
Councilmember Woods moved that the regular session minutes of August 6, 2001 be
approved as presented.
On a voice vote the Mayor declared the motion carried.
CONSENT AGENDA
CONSENT AGENDA ITEMS APPROVED
Councilmember Easthope moved that the following Consent Agenda items be approved as
presented:
R-339-8-01 APPROVED
RESOLUTION TO AUTHORIZE THE CITY ADMINISTRATOR
TO EXECUTE THE RENEWAL OF HEALTH CARE CONTRACT:
BLUE CARE NETWORK
($408,797.90)
Whereas, The City provides Health Care Insurance through Blue Care Network to
City employees in accordance with Personnel Rules and Regulations and various labor
contracts at an estimated annual cost of approximately $408,797.90, or 14.10% over
current estimated costs. The contract Blue Care Network is due for renewal on September
1, 2001;
Whereas, The renewal rate for Blue Care Network increased 14.10%; and
Whereas, Blue Care Network received Human Rights approval, and Living Wage
Ordinance compliance, as of June 18, 2001;
RESOLVED, That the City Administrator or designee be authorized to execute the
renewal contract with Blue Care Network for a ten-month period beginning September 1,
2001, at the monthly rates as quoted in Attachment "A", on file in the City Clerk's Office.
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Council - August 20, 2001 7
R-340-8-01 APPROVED
(RESOLUTION TO APPROVE PROCEEDING WITH THE NORTHEAST
AREA WATER PRESSURE IMPROVEMENT PROJECT)
(INCREASE SCOPE AND COST BY $300,000.00)
Whereas, It is necessary to modify the Northeast Area Pressure District to
provide sufficient water pressure for all district residents;
Whereas, It is necessary to modify the Northeast Area Pressure District to
comply with an agreement with MDEQ;
Whereas, The recommendation to raise the Plymouth Rd. elevated tank by 60
feet complies with the Utilities Department's 2000 Master Plan design criteria, and
provides for future operational flexibility and improved reliability; and
Whereas, The improvements to North Campus Pump Station are necessary to
enable the water distribution system in the Northeast High Service District to function
properly in the long term;
RESOLVED, That the Utilities Department's recommendation to raise the Plymouth
Rd. elevated tank by 60 feet be accepted, with full acknowledgment of the increase in
investment required; and
RESOLVED, That the Water Utilities Department proceed with the Northeast
Area Water Pressure Improvement Project.
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R-341-8-01 APPROVED
RESOLUTION TO APPROVE THE PURCHASE OF PUMP ASSEMBLIES
FOR THE WASTEWATER TREATMENT PLANT
(193,000.00)
Whereas, The City's Wastewater Treatment Plant (WWTP) needs to replace the
assemblies for three failed screw pumps;
Whereas, The replacement of the pump assemblies will eliminate the risk of sewage
overflow to the Huron River and provide adequate pumping capacity into the WWTP;
Whereas, USFilter, Zimpro products is the original pump supplier and the sole
source vendor for replacement equipment; and
8 Council - August 20, 2001
Whereas, On August 10, 2001, the Human Resources Department approved
USFilter, Zimpro Products, Inc. to provide equipment for the City;
RESOLVED, That Council approve purchases by the WWTP from USFilter, Zimpro
Products in the amount of $175,095.00 for the purchase of three pump assemblies and a
contingency of $17,905.00 to finance change orders to be approved by the City
Administrator; and
RESOLVED, That the project be funded from the unobligated fund balance of the
Sewage Disposal System Operating Fund with reimbursement, if necessary, from proceeds
of revenue bond sales by the Water Utilities Department.
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R-342-8-01 APPROVED
RESOLUTION TO AUTHORIZE A PURCHASE ORDER FOR
STANDBY POWER, INC. FOR RENTING GENERATOR FOR
BARTON PUMP STATION
(45,140.00)
Whereas, Construction related with installation of a natural gas-driven engine to
provide reliability in the event of a power interruption at the Barton Pumping Station is in
progress;
Whereas, The natural gas-driven engine provided by the contractor is incapable of
operating the existing pump as it has incorrect rotation;
Whereas, It is necessary to rent a generator to operate electrical driven pumps to
maintain system reliability until the corrective solution addressing engine rotation problem is
satisfactorily implemented at the Barton Pumping Station;
Whereas, Of the two quotations received, Standby Power, Inc. submitted the lower
quote of $8,750.00 per month for renting a generator;
Whereas, On July 17, 2001 a Purchase Order in the amount of $18,700.00 was
issued to Standby Power, Inc. for two-month rental of a generator;
Whereas, It is now determined that the rental generator may be needed for
additional three months while the construction associated with the standby pump is
completed; and
Whereas, On June 15, 2001, the Human Resources Department approved Standby
Power, Inc. to provide services to the City;
Council - August 20, 2001 9
RESOLVED, That a total amount of $45,140.00 be approved for Standby Power,
Inc. for renting the generator and incidentals;
RESOLVED, That a contingency in the amount of $4,500.00 be approved to finance
any changes to be authorized by the City Administrator;
RESOLVED, That the purchase order for Standby Power, Inc. be funded from an
advanced from the Water Supply System Operating Fund Balance pending sale of
appropriate water revenue bonds; and
RESOLVED, That the funds be available for the life of the project without regard to
fiscal year.
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R-343-8-01 APPROVED
RESOLUTION AUTHORIZING WATER MAIN AND SANITARY SEWER
IMPROVEMENT CHARGES TO 2934 SHADY LANE
(19,875.00)
Whereas, The City has previously constructed a water main and sanitary sewer
improvement described as follows:
Water Main: District No. 93049, File No. 93049 = $10,245.00
Sanitary Sewer: District No. 477, File No. 93049 = $9,630.00
GRAND TOTAL OF IMPROVEMENT CHARGES $19,875.00; and
10 Council - August 20, 2001
Whereas, Pursuant to Section 1:278, Chapter 12, of the Code of the City of Ann
Arbor, the fair share of the cost of said improvements is to be levied against certain
properties and this fair share has not been previously paid nor contracted for;
RESOLVED,
1. That Council levy an improvement charge against the following newly-annexed
property which is specifically benefited by the above improvements:
Annexation Address: 2934 Shady Lane
City Assessor Code: 09-12-03-309-020
Annexation Number : A99-03
Planning File No : 12033A1.1 and .2
Lot 18 Walden Woods Subdivision. Now situated in the City of Ann Arbor
2. That the improvement charge levied be $19,875.00 and be designated as Utilities
Improvement Charge No. 718;
3. That this improvement charge be divided into 15 equal installments; the first to be
due on November 1, 2001, and the 14 subsequent installments to be due on June 1
of each and every year thereafter, with the deferred installments of the improvement
charge to bear interest at the rate of 6.9% per annum commencing November 1,
2001;
4. That the City Clerk be directed to send a copy of this resolution by first class mail
to the owner of the property and to promptly have this resolution recorded in the
office of the Register of Deeds of Washtenaw County, Michigan; and
5. That this levied improvement charge be invoiced to the owner, Jake C. Del Rio,
of the property known as 2934 Shady Lane, and be credited in the amounts of
$10,245.00 to Fund 0042-073-7151and $9,630.00 to Fund 0043-073-7151.
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Council - August 20, 2001 11
R-344-8-01 APPROVED
RESOLUTION AUTHORIZING WATER MAIN AND SANITARY SEWER
IMPROVEMENT CHARGES TO 2930 SHADY LANE
($19,875.00)
Whereas, The City has previously constructed a water main and sanitary sewers
improvement described as follows:
Water Main: District No. 93049, File No. 93049 = $10,245.00
Sanitary Sewers: District No. 477, File No. 93049 = $9,630.00
GRAND TOTAL OF IMPROVEMENT CHARGES $19,875.00; and
Whereas, Pursuant to Section 1:278, Chapter 12, of the Code of the City of Ann
Arbor, the fair share of the cost of said improvements is to be levied against certain
properties and this fair share has not been previously paid nor contracted for;
RESOLVED,
1. That Council levy an improvement charge against the following newly-annexed
property which is specifically benefited by the above improvements:
Annexation Address: 2930 Shady Lane
City Assessor Code: 09-12-03-309-021
Annexation Number : A99-04
Planning File No : 12033B2.1 and .2
Lot 19 Walden woods Subdivision. Now situated in the City of Ann Arbor.
2. That the improvement charge levied be $19,875.00 and is designated as Utilities
Improvement Charge No. 719;
3. That this improvement charge is divided into 15 equal installments; the first to be
due on November 1, 2001, and the 14 subsequent installments to be due on June 1
of each and every year thereafter, with the deferred installments of the improvement
charge to bear interest at the rate of 6.9% per annum commencing November 1,
2001;
4. That the City Clerk be directed to send a copy of this resolution by first class mail
to the owner of the property and to promptly have this resolution recorded in the
office of the Register of Deeds of Washtenaw County, Michigan; and
12 Council - August 20, 2001
5. That this levied improvement charge be invoiced to the owner, Carol L. Boyce, of
the property known as 2930 Shady Lane, and be credited in the amounts of
$10,245.00 to Fund 0042-073-7151 and $9,630.00 to Fund 0043-073-7151.
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R-345-8-01 APPROVED
RESOLUTION AUTHORIZING WATER MAIN AND SANITARY SEWER
IMPROVEMENT CHARGES FOR 2927 SHADY LANE
($19,875.00)
Whereas, The City has previously constructed a water main and sanitary sewer
improvement described as follows:
Water main: Dist. No. 93049, File No. 93049 = $10,245.00
Sanitary Sewer: Dist. No. 477, File No. 93049 = $9,630.00
GRAND TOTAL OF IMPROVEMENT CHARGES $19,875.00; and
Whereas, Pursuant to Section 1:278, Chapter 12, of the Code of the City of Ann
Arbor, the fair share of the cost of said improvements be levied against certain properties
and this fair share has not been previously paid nor contracted for;
RESOLVED,
1. That Council levy an improvement charge against the following newly-annexed
property which is specifically benefited by the above improvements:
Annexation Address: 2927 Shady Lane
City Assessor Code: 09-12-03-313-001
Annexation Number : A99-16
Planning File No : 12033B3.1 and .2
Lot 22 of Walden Woods Subdivision. Now situated in the City of Ann Arbor.
2. That the improvement charge levied be $19,875.00 and be designated as Utilities
Improvement Charge No. 696;
3. That this improvement charge be divided into 15 equal installments; the first to be
due on November 1, 2001, and the 14 subsequent installments to be due on June 1
Council - August 20, 2001 13
of each and every year thereafter, with the deferred installments of the improvement
charge to bear interest at the rate of 6.9% per annum commencing November 1,
2001;
4. That the City Clerk be directed to send a copy of this resolution by first class mail
to the owner of the property and to promptly have this resolution recorded in the
office of the Register of Deeds of Washtenaw County, Michigan; and
5. That this levied improvement charge be invoiced to the owners, Grace Ann York,
of the property known as 2927 Shady Lane, and be credited in the amounts of
$10,245.00 to Fund 0042-073-7151, $9,630.00 to Fund 0043-073-7151.
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R-346-8-01 APPROVED
RESOLUTION TO GRANT SEWER SERVICE OUTSIDE CITY LIMITS
TO 1811 GLENWOOD ROAD
Whereas, Michael Kelingos and Carol Kelingos, owners of the property at 1811
Glenwood Rd. requested on December 3, 1998 that the City extend public sewer service to
their property in Ann Arbor Township in accordance with the Policy Statement of February
1, 1994 between the City of Ann Arbor and Ann Arbor Township;
Whereas, The Kelingos desire to enter into an agreement with the City to provide an
equitable method of obtaining City service outside of its corporate boundaries; and
Whereas, As part of this agreement, the owners shall have this property annexed
not later than five (5) years from the date of the agreement;
RESOLVED, That the Mayor and Clerk be hereby authorized and requested to sign
the agreement to allow City sewer service to the land during the time it is still outside of the
Corporate Limits; that the City Clerk be hereby directed to send a copy of this resolution
and the agreement by first class mail to the above property owner; and that the Water
Utilities Department shall promptly have this resolution and the agreement recorded in the
office of the Register of Deeds of Washtenaw County, Michigan.
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R-347-8-01 APPROVED
RESOLUTION AUTHORIZING WATER MAIN IMPROVEMENT CHARGES
FOR 1710 DHU VARREN ROAD
14 Council - August 20, 2001
($8,043.75.00)
Whereas, The City has previously constructed a water main improvement described
as follows:
Water Main: Dist. No. 84086, $48.75/Front Foot*165 Front Feet=$8,043.75
GRAND TOTAL OF IMPROVEMENT CHARGES $8,043.75; and
Whereas, Pursuant to Section 1:278, Chapter 12, of the Code of the City of Ann
Arbor, the fair share of the cost of said improvements be levied against certain properties
and this fair share has not been previously paid nor contracted for;
RESOLVED,
1. That Council levy an improvement charge against the following newly-annexed
property which is specifically benefited by the above improvements:
Annexation Address: 1710 Dhu Varren Road
City Assessor Code: 09-09-16-100-047
Annexation Number : A98-05
Planning File No : 916Y7.1
COM AT N ¼ COR OF SEC 16, T2S, T6E; TH ELY 713.14 FT FOR A POB; TH
CKONT ELY 165 FT; TH SLY DEFL 93 DEG 08' RIGHT 825.05 FT; TH WLY DEFL 86
DEG 52' RIGHT 165 FT; TH NLY DEFL 93 DEG 08' RIGHT 825.05 FT TO THE POB;
BEING PRT OF THE WEST ½ OF THE NE ¼ OF SAID SEC 16. Now situated in the City
of Ann Arbor.
2. That the improvement charge levied be $8,043.75 and be designated as Utilities
Improvement Charge No. 683;
3. That this improvement charge be divided into 15 equal installments; the first to be
due on November 1, 2001, and the 14 subsequent installments to be due on June 1
of each and every year thereafter, with the deferred installments of
the improvement charge to bear interest at the rate of 7.9% per annum commencing
November 1, 2001;
4. That the City Clerk be directed to send a copy of this resolution by first class mail
to the owner of the property and to promptly have this resolution recorded in the
office of the Register of Deeds of Washtenaw County, Michigan; and
5. That this levied improvement charge be invoiced to the owner, Lillian Janice
Summers of the property known as 1710 Dhu Varren Rd., and be credited in the
Council - August 20, 2001 15
amount of $8,043.75 to Fund 0042-073-7151.
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R-348-8-01 APPROVED
RESOLUTION TO AWARD A CONSTRUCTION CONTRACT TO GLEASON
CONSTRUCTION COMPANY AND ESTABLISH A PROJECT BUDGET FOR THE
STRATFORD DRIVE WATER MAIN PROJECT BID NO. 3464
($171,300.00)
Whereas, It is necessary to extend the existing water main in Stratford Drive to
provide a looping system to improve water quality;
Whereas, The FY 2002-2007 Capital Improvements Plan includes the Stratford Drive
Water Main Project;
Whereas, Competitive bids were received by the Purchasing Division on July 16,
2001 and Gleason Construction Company, Inc. of Holland, Ohio, was the lowest
responsible bidder at $98,615.00;
16 Council - August 20, 2001
Whereas, The contractual proposal sets forth the services to be performed by said
company, and the payments to be made by the City therefore, all of which are agreeable to
the City;
Whereas, It is now necessary to enter into a Contract with said company for said
construction project; and
Whereas, Gleason Construction Company, Inc. has received Human Rights
approval on August 10, 2001;
RESOLVED, That a contract in the amount of $98,615.00 be awarded to Gleason
Construction Company, Inc. for the construction of the Stratford Drive Water Main Project
(Bid No. 3464);
RESOLVED, That the Mayor and City Clerk be authorized and directed to execute
said contract, after approval as to form by the City Attorney and approval as to substance
by the City Administrator; and
RESOLVED, That City Council adopt the following budget for the life of the project,
to be available until expended without regard to fiscal year:
Section I, Revenue
$171,300.00 Advanced from the Water Supply System Fund (Fund
042) balance pending the sale of appropriate water
revenue bonds
$171,300.00 TOTAL
Section II, Expense
$98,620.00 Construction
35,000.00 Design Engineering and Design Consultant
15,000.00 Construction Engineering (City Forces)
3,000.00 Testing and Professional Services
7,900.00 Contingencies to be approved by the City
Administrator
4,880.00 Miscellaneous Costs
6,900.00 Bond Overhead Charge
$171,300.00 TOTAL; and
RESOLVED, That the City Administrator be authorized to take the necessary
Council - August 20, 2001 17
administrative actions to implement this resolution.
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R-349-8-01 APPROVED
RESOLUTION TO AMEND A PROFESSIONAL SERVICES AGREEMENT WITH CARL
WALKER, INC. FOR ADDITIONAL DESIGN AND CONSTRUCTION ENGINEERING
SERVICES FOR THE FOREST AVENUE PARKING STRUCTURE
($160,005.00)
Whereas, On January 18, 2000 the consulting firm of Carl Walker, Inc., was retained
to perform essential construction engineering services for the South Forest Avenue Parking
Structure Project;
Whereas, Additional design and construction engineering services were required
during construction;
Whereas, Carl Walker, Inc. has received Human Rights approval on July 26, 2001;
and
Whereas, There are sufficient unobligated funds available within the project budget
to finance the cost of the proposed amendment to the Professional Services Agreement;
RESOLVED, That City Council authorize an amendment to the Professional
Services Agreement with Carl Walker, Inc., in the amount of $160,005.00 for additional
design and construction engineering services for the Forest Avenue Parking Structure
Project;
RESOLVED, That the Mayor and City Clerk be authorized and directed to execute
said amendment after approval as to form by the City Attorney and approval as to
substance by the City Administrator; and
RESOLVED, That the City Administrator be authorized to take the necessary
administrative actions to implement the resolution.
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R-350-8-01 APPROVED
RESOLUTION AUTHORIZING A PURCHASE ORDER TO CARRIER AND GABLE
INC. FOR TRAFFIC SIGNAL MATERIAL
($135,00.00)
18 Council - August 20, 2001
Whereas, Carrier and Gable, Inc. of Farmington Hills, Michigan, is the supplier of
Eagle traffic components used in maintaining City of Ann Arbor traffic signals;
Whereas, Carrier and Gable, Inc., of Farmington Hills, Michigan, has received
Human Rights approval on April 3, 2001; and
Whereas, Sufficient funds have been budgeted in the Public Services Department,
Transportation Division's FY 01/02 Major and Local Street funds;
RESOLVED, That a sole source purchase order to Carrier and Gable, Inc. in the
amount of $135,000.00 for materials and supplies be approved; and
RESOLVED, That the City Administrator be authorized to take the necessary
administrative actions to implement this resolution.
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R-351-8-01 APPROVED
RESOLUTION TO APPROVE TRAFFIC CONTROL ORDER
FOR GLEN ST. AND ANN ST.
Whereas, It is desirable to change certain portions of Glen St. and Ann St. from oneway
operation to two-way to enhance bus service, construction traffic, and pedestrian
safety in the area;
RESOLVED, That a Traffic Control Order be authorized to change Glen St. from
Huron to Ann to two-way traffic and to change Ann St. from Glen to Zina Pitcher to two-way
traffic; and
RESOLVED, That the City Administrator be authorized to take the necessary
administrative actions to implement this resolution.
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R-352-8-01 APPROVED
RESOLUTION TO APPROVE AN AGREEMENT BETWEEN THE CITY AND
MITCHELL AND MOUAT ARCHITECTS, RFP #512, FOR DESIGN OF
IMPROVEMENTS TO MACK POOL
($46,530.00)
Whereas, Mack Pool was constructed in the mid 1960's and is in need of
improvements to the locker rooms, mechanical equipment, entrance, and circulation
Council - August 20, 2001 19
through the building;
Whereas, An RFP (#512) was sent out to 10 firms and Mitchell and Mouat Architects
was chosen as the most qualified firm out of the three firms who submitted proposals;
Whereas, Funding for the contract is included in the FY 2001/2002 Park
Rehabilitation and Development Millage; and
Whereas, Mitchell and Mouat Architects received Human Rights approval on
November 3, 2000;
RESOLVED, That the Mayor and Council approve an agreement between the City
and Mitchell and Mouat Architects for architectural design of Mack Pool Improvements for
$42,300.00, plus a project contingency for reimbursables and material testing of $4,230.00;
and
RESOLVED, That a project budget totaling $46,530.00 be established for the life of
the project without regard to fiscal year in order to fund this project.
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R-353-8-01 APPROVED
RESOLUTION APPROVING STREET CLOSINGS FOR
"THE DANCIN' IN THE STREET" SPECIAL EVENT
Whereas, The City has received a request from the Ann Arbor Council for Traditional
Music and Dance to sponsor a special event on Sunday, September 2, 2001 from 11:30
a.m. - 5:30 p.m.;
Whereas, The staging of this event will require the closing of Main Street between
Huron and William, Liberty between Ashley and Fourth Avenue and Washington between
Ashley and Fourth Avenue;
Whereas, The sponsors have requested Council waive meter bag deposit fees (est.
$800.00);
Whereas, The sponsor will provide written notification to all affected religious
institutions not less than 14 days prior to the event; and
Whereas, The sponsors will obtain the necessary permits, provide evidence of
proper liability insurance, comply with all procedures, rules and regulations for holding this
event and pay the following estimated service charges associated with their sponsorship of
the event:
20 Council - August 20, 2001
Transportation $240.00 (Barricades)
RESOLVED, That the closing of streets as requested be approved; and
RESOLVED, That Council waive parking meter bag deposit fees (approximately
$800.00).
*************************
R-354-8-01 APPROVED
RESOLUTION TO APPROVE AUTHORIZED EXPENDITURES
FOR CERTAIN REHABILITATION CONTRACTORS
FROM JULY 1, 2001 THROUGH JUNE 30, 2002
Whereas, City Code Section 1:321 allows the City Administrator to approve
contracts for services without City Council approval when the total payments to the
contractor in a fiscal year do not exceed $25,000.00;
Whereas, City Code Section 1:312 allows the City Administrator to approve any
purchase or contract under $25,000.00;
Whereas, City Charter Chapter 14, Section 14.2, requires City Council approval of
any contracts with or purchases from a vendor totaling $25,000.00 or more in a single fiscal
year;
Whereas, On September 18, 2000, City Council approved Resolution R-479-9-00
relating to approving authorization of certain vendors;
Whereas, Under the current Housing Program Guidelines, the City and the
homeowner enter into agreements for the amount of work needing to be completed and the
homeowner and the contractor also enter into agreements for the same amount; and
Whereas, the following contractors, each of which has received Living Wage and
Human Rights approval, are anticipated to be awarded contracts or purchases exceeding
$25,000.00 within this fiscal year in the amounts shown:
Spending Authorized
Contractor Name Limits Through 6-30-02
A. H. Construction $ 150,000.00
B.R. Stouffer $ 150,000.00
C & P Painting $ 150,000.00
Cockrane Building Company $ 150,000.00
Council - August 20, 2001 21
Carl Waskul $ 150,000.00
Derek Riggs Building Company $ 150,000.00
Home Run Services, Inc. $ 150,000.00
Kapow Construction $ 150,000.00
Michael P. McCarthy $ 150,000.00
Sharp Builidng Company $ 150,000.00
The Renewal Company $ 150,000.00
Xtreme Measures Inc. $ 150,000.00
RESOLVED, That City Council approve the anticipated expenses to the above listed
vendors/contractors up to the amounts shown for Housing Rehabilitation contracts; and
RESOLVED, That any single contract or purchase to any of the above vendors that
are equal to or exceeds $25,000.00 be brought separately to City Council for approval prior
to entry into the obligation to pay.
The question being the foregoing Consent Agenda items as presented, on a voice vote the
Mayor declared the motion carried.
22 Council - August 20, 2001
ORDINANCES - SECOND READING
29-01 APPROVED
COHEN ZONING
An Ordinance to Amend the Zoning Map Being a Part of
Chapter 55 of Title V of the Code of the City of Ann Arbor
This ordinance would change the zoning of 0.52 acre, located on the north side of
Heatherway, west of Chestnut, from TWP (Township District) to R1A (Single-Family
Dwelling District). (The complete text of Ordinance 29-01 is on file in the City Clerk=s
Office).
Councilmember Carlberg moved that the ordinance be adopted at second reading.
On a voice vote the Mayor declared the motion carried.
****************************************************************
32-01 APPROVED
FOOTING DRAIN DISCONNECTION
An Ordinance to Add a new Section 2:51.1 to
Chapter 28 of Title II of the Code of the City of Ann Arbor
(The complete text of Ordinance 32-01 is on file in the City Clerk=s Office.)
Councilmember Higgins moved that the ordinance be adopted at second reading.
On a voice vote the Mayor declared the motion carried.
****************************************************************
Council - August 20, 2001 23
33-01 APPROVED
INDIRECT DISCHARGES TO THE CITY'S
PUBLICLY OWNED TREATMENT WORKS
An Ordinance to Amend Section 2:42.2 of
Chapter 28 of Title II of the Code of the City of Ann Arbor
(The complete text of Ordinance 33-01 is on file in the City Clerk's Office.)
Councilmember Hartwell moved that the ordinance be adopted at second reading.
On a voice vote the Mayor declared the motion carried.
ORDINANCES - FIRST READING
34-01 APPROVED
RESTRICTION ON WATER USE
DURING EMERGENCIES
An Ordinance to Amend Sections 2:31 and 2:40 of
Chapter 27 of Title II and Section 2:63 of
Chapter 29 of Title II of the Code of the City of Ann Arbor
(The complete text of Ordinance 34-01 is on file in the City Clerk=s Office.)
Councilmember Hartwell moved that the ordinance be approved at first reading.
On a voice vote the Mayor declared the motion carried.
****************************************************************
24 Council - August 20, 2001
37-01 APPROVED
NOTICE OF PUBLIC HEARINGS FOR AREA PLANS, SITE PLANS, PUD SITE
PLANS,
SITE PLANS FOR PLANNING COMMISSION APPROVAL,
LAND DIVISIONS, OR PRELIMINARY PLATS
An Ordinance to Amend Chapter 57 of Title V of the
Code of the City of Ann Arbor
(The complete text of Ordinance 37-01 is on file in the City Clerk=s Office.)
Councilmember Herrell moved that the ordinance be approved at first reading.
On a voice vote the Mayor declared the motion carried.
MOTIONS AND RESOLUTIONS
R-355-8-01 APPROVED
(RESOLUTION TO ISSUE A REQUEST FOR PROPOSAL TO ADMINISTER A
PLEDGE DRIVE FOR CITY OF ANN ARBOR EMPLOYEES CHARITABLE GIVING)
Councilmember Hartwell moved that the resolution be adopted.
Councilmember Robinson moved to amend the resolution as follows:
RESOLVED, That the City WILL CONTINUE ITS RELATIONSHIP WITH THE
UNITED WAY FOR THE 2001-2002 CHARITABLE GIVING CAMPAIGN. BETWEEN
JANUARY 1, 2002 AND JANUARY 15, 2002 the City, through its Human Rights Office, will
issue a Request for Proposal (RFP) to campaign management organizations interested in
developing and implementing a city employee campaign for charitable giving for 2002/2003
campaign;
RESOLVED, That the recommendation for a single campaign management
organization will be brought to City Council for approval AS SOON AS POSSIBLE AFTER
JANUARY 15,2002 BUT NO LATER THAN MARCH 15, 2002.
On a roll call the vote was as follows:
Council - August 20, 2001 25
Yeas, Councilmembers Higgins, Robinson, Mayor Hieftje, 3;
Nays, Councilmembers Carlberg, Herrell, Hartwell, Easthope, Woods, Lowenstein,6.
The Mayor declared the motion defeated.
The sponsors of the resolution agreed to add the following language to the first
"RESOLVED" clause of the resolution as follows:
RESOLVED, That the recommendation for a single campaign management
organization be brought to City Council for approval as soon as possible BUT NO LATER
THAN OCTOBER 31, 2001.
The question being the resolution as presented, on roll call the vote was as follows:
Yeas, Councilmembers Carlberg, Herrell, Hartwell, Easthope, Woods, Lowenstein, 6;
Nays, Councilmembers Higgins, Robinson, Mayor Hieftje, 3.
The Mayor declared the motion carried.
The resolution as adopted reads as follows:
RESOLUTION TO ISSUE A REQUEST FOR PROPOSAL TO ADMINISTER A
PLEDGE DRIVE FOR CITY OF ANN ARBOR EMPLOYEES CHARITABLE GIVING
Whereas, The City of Ann Arbor's non-discrimination ordinance (Chapter 112, Sec.
9.150, of the City Code) prohibits discrimination on the basis of actual or perceived race,
color, religion, national origin, sex, age, height, weight, condition of pregnancy, marital
status, physical or mental limitation, source of income, family responsibilities, educational
association, sexual orientation, gender identity or HIV status;
Whereas, The Boy Scouts of America has an organizational policy that does not
allow gay men to lead scout packs and that they consider homosexuality to be inconsistent
with the values represented by the terms "morally straight" and "clean;" while also declining
membership to atheists and agnostics;
26 Council - August 20, 2001
Whereas, Dozens of United Way agencies throughout the country, including the
United Way of Allegan County, Michigan, have ceased funding the Boy Scouts of America
because of its explicit policy of excluding scouts and scout leaders based upon their sexual
orientation;
Whereas, Efforts urging the Washtenaw County United Way to stop funding
organizations that, as a matter of policy, discriminate against individuals based upon their
sexual orientation have been unsuccessful;
Whereas, The City Council does not wish to penalize those organizations in our
community that choose not to discriminate; and
Whereas, The City Council wishes to continue to provide city employees with the
opportunity to contribute through payroll deductions to non-profit organizations that do not
discriminate on grounds contrary to the City's non-discrimination ordinance;
RESOLVED, That the City, through its Human Rights Office, will issue a Request for
Proposal (RFP) to campaign management organizations interested in developing and
implementing a city employee campaign for charitable giving for the 2001/2002 campaign;
RESOLVED, That the recommendation for a single campaign management
organization be brought to City Council for approval as soon as possible; but no later than
October 31, 2001.
RESOLVED, That the chosen organization abide by the city's non-discrimination
ordinance and promote charities that work on a broad range of activities and programs, as
long as they meet minimum standards that shall include:
a). IRS 501(c)(3) status, and conformity with all state and local charitable regulations;
b). Demonstrated fiscal responsibility;
c). Adherence to non-discrimination standards, which match or exceed those of the City
of Ann Arbor;
d). Demonstrate program activity that positively impacts human health and welfare in
the Ann Arbor area. Activity including, but not limited to, direct service, advocacy,
community organizing, social justice, lobbying (as allowed by law), litigation,
research and community education will be considered as appropriate methods
through which charities may positively impact human health and welfare.
RESOLVED, That the program be funded through a reasonable percentage
deducted from donations; and
RESOLVED, That the campaign respect donor's wishes by allowing donors to "writein"
contributions to any local 501(c)(3) charity, even if not listed in the campaign materials.
Council - August 20, 2001 27
****************************************************************
POSTPONED
RESOLUTION TO APPROVE BERKSHIRE CREEK PLANNED PROJECT SITE PLAN,
DEVELOPMENT AGREEMENT AND WETLAND USE PERMIT
A communication was received from the City Planning Commission transmitting its
recommendation of approval of the proposed Berkshire Creek Planned Project Site
Plan, Development Agreement and Wetland Use Permit, 10.67 acres, west of Huron
Parkway, North of Washtenaw Avenue.
Whereas, Creative Land Design, Inc. has requested planned project site plan
approval in order to construct 64 residential condominium units in eight buildings on the
north side of Washtenaw, west of Huron Parkway;
Whereas, A development agreement has been prepared to address the conveyance
of public parkland, a park contribution, and traffic mitigation at the Washtenaw
Avenue/Huron Parkway intersection;
Whereas, A wetland use permit has been requested to allow footbridge crossings of
the wetland totaling 179 linear feet and a detention basin within 500 feet of Malletts Creek;
and
Whereas, The Ann Arbor City Planning Commission, on July 17, 2001,
recommended approval of said request;
RESOLVED, That City Council approve the Development Agreement, substantially
in the form of that is on file in the City Clerk's Office, dated August 6, 2001;
28 Council - August 20, 2001
RESOLVED, That City Council approve the Berkshire Creek Site Plan and planned
project modification from building height and placement requirements, upon the conditions
that (1) the Development Agreement is signed by all necessary parties, (2) all terms of the
Development Agreement are satisfied, (3) the two separate tax parcels are combined, (4)
an access easement is recorded, and (5) final approval from the Washtenaw County Drain
Commissioner is received and written confirmation is received that the site mitigation for the
ground water contamination is in compliance with Michigan Department of Environmental
Quality standards prior to the issuance of grading permits; and
RESOLVED, That City Council approve the Wetland Use Permit to allow footbridge
crossings of the wetland totaling 179 linear feet and a detention basin within 500 feet of
Malletts Creek.
Councilmember Carlberg moved that the resolution be adopted.
Councilmember Easthope moved that the resolution be postponed until September 6, 2001,
for further discussion.
On a voice vote the Mayor declared the motion carried.
****************************************************************
R-356-8-01 APPROVED
RESOLUTION TO APPOINT ACTING MAYOR
Whereas, Mayor John Hieftje and Mayor Pro tem Jean Carlberg will both be away
from the City of Ann Arbor from August 26 through September 4, 2001; and
Whereas, Section 4.3 of the Ann Arbor City Charter establishes a provision for the
City Council to appoint an Acting Mayor;
RESOLVED, That the Mayor and City Council appoint Councilmember Stephen
Hartwell as Acting Mayor from August 26 through September 4, 2001.
Councilmember Carlberg moved that the resolution be adopted.
On a voice vote the Mayor declared the motion carried.
****************************************************************
R-357-8-01 APPROVED
RESOLUTION TO APPROVE AMVEST ANNEXATION
Council - August 20, 2001 29
A communication was received from the City Planning Commission transmitting its
recommendation of approval of the proposed Amvest Annexation, 1.12 acres, 2058 South
State Street.
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, Amvest Property Management, Inc. is the owner of said property; and
Whereas, It is the desire of Amvest Property Management, Inc. 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:
Part of the NE 3 of Section 5, T3S, R6E, Pittsfield Township, Washtenaw
County, Michigan, described as follows: Commencing at the NE corner of
Section 5; thence West 132.04 feet in the North line of section; thence S
20o50'30" E 25.58 feet in the center of State Street; thence S 06o56'50" E
74.42 feet in the center of State Street for a PLACE OF BEGINNING; thence
S 06o56'50" E 158.70 feet in the center of State Street; thence N 89o38' W
372.42 feet; thence N 02o02' E 156.11 feet; thence S 89o47' E 347.71 feet to
the PLACE OF BEGINNING. Except the following: Commencing at the NE
corner of Section 5, T3S, R6E, Pittsfield Township, Washtenaw County, State
of Michigan; thence S 86o39'10" W along the North line of said Section 5, a
distance of 132.03 feet to the point of intersection of said North line with the
existing centerline of State Street according to Certificate of Survey No. 2334
filed in Liber 1913, Pages 368 and 369, Washtenaw County Records; thence
S 24o11'20" E along said centerline 25.60 feet; thence S 10o18'35" E along
said centerline 74.46 feet to the POINT OF BEGINNING; thence continuing S
10o18'35" E along said centerline 158.77 feet; thence S 87o01'10" W 48.3
feet to a point in the arc of a
2824.79 foot radius curve; thence Northerly along the arc of said curve to the
left, through a central angle of 02o57'42" 146.02 feet; thence N
13o08'45" W 13.22 feet; thence N 86o52'10" E 52.3 feet to the POINT OF
BEGINNING.
Beginning more particularly described as: Commencing at the NE corner of
Section 5, T3S, R6E, Pittsfield Township, Washtenaw County, Michigan,
30 Council - August 20, 2001
thence N 90º00'00" W 132.04 feet along the North line of said Section 5;
thence along the centerline of State Street (variable width) in the following
two (2) courses: S 20º50'30" e 25.58 feet, S 06º56'50" E 74.88 feet; thence N
89º47'00" W 52.39 feet to the POINT OF BEGINNING; thence along the
West right-of-way line of said State Street in the following two (2) courses: S
09º47'55" E 12.82 feet; Southerly 145.88 feet in the arc of a circular curve to
the right, radius 2824.79 feet, central angle 02º57'32", chord S 08º19'06" E
145.87 feet; thence N 89º38'00" W 324.17 feet; thence N 02º02'00" E 156.11
feet; thence S 89º47'00" E 295.34 feet to the POINT OF BEGINNING, being
a part of the NE ¼ of said Section 5, T3S, R6E, Pittsfield Township,
Washtenaw County, and containing 1.12 acres of land, more or less, subject
to easements and restrictions of record, if any.
Councilmember Carlberg moved that the resolution be adopted.
On a voice vote the Mayor declared the motion carried.
****************************************************************
R-358-8-01 APPROVED
RESOLUTION TO ORDER ELECTION AND DETERMINE BALLOT QUESTION FOR
CHARTER AMENDMENT FOR RENEWAL OF STREET REPAIR MILLAGE
RESOLVED, That the Ann Arbor City Council proposes that the City Charter be
amended by modifying Section 8:20 to read as follows:
Funds for Street Reconstruction
Section 8.20. In addition to any other amount which the City is authorized to raise by
general tax upon the real and personal property by this Charter or any other provision of
law, the City shall, in [1997] 2002 through [2001] 2006, annually levy a tax of up to 2 mills
on all taxable real and personal property situated within the City for the purpose of
providing funds for the reconstruction or resurfacing of streets.
RESOLVED, That November 6, 2001 be designated as the day for holding an
election on the proposed Charter amendment;
RESOLVED, That the Clerk transmit a copy of the proposed amendment to the
Attorney General and the Governor of Michigan and perform all other acts required by law
for holding the election;
RESOLVED, That the proposed Charter amendment appear on the ballot in the
following form, together with the following statement of purpose:
Council - August 20, 2001 31
ANN ARBOR CITY CHARTER AMENDMENT
REGARDING TAX FOR STREET RECONSTRUCTION
Shall the Charter be amended by authorizing a 2 mill tax for street reconstruction for
5 years, which will raise the first year of the levy the estimated revenue of
$6,671,407?
Yes No
PURPOSE OF AMENDMENT
The Charter previously authorized a 2 mill tax for street reconstruction for 5 years.
That authorization ended in 2001. This amendment would again authorize a 2 mill
street reconstruction millage for 5 years, beginning in 2002.
RESOLVED, That the proposed Charter amendment and proposed ballot question,
along with the statement of purpose, be published in full not fewer than two times in the
Ann Arbor News; and
RESOLVED, That if the amendment is adopted, it shall take effect on January 1,
2002.
Councilmember Carlberg moved that the resolution be adopted.
On a voice vote the Mayor declared the motion carried.
****************************************************************
R-359-8-01 APPROVED
RESOLUTION TO APPROVE THE FISCAL YEAR 1999 STATE
DOMESTIC PREPAREDNESS EQUIPMENT GRANT (SDPEG) AGREEMENT AND
APPROPRIATE THE FUNDS TO THE FIRE DEPARTMENT
(98,033.00)
Whereas, The City of Ann Arbor is one of twelve Regional Response Teams
awarded a Grant from the Michigan Department of State Police, Emergency Management
Division in the amount of $98,033.00;
Whereas, In order to obtain reimbursement of funds expended for the City of Ann
Arbor Fire Department, the City of Ann Arbor is required to elect to be part of a State Grant
to the State of Michigan as a sub-grantee to receive State Domestic Preparedness
32 Council - August 20, 2001
Equipment Grant funds; and
Whereas, The Grant provides specialized emergency equipment that will enhance
the basic capabilities of the City to respond to hazardous materials incident or an incident of
domestic terrorism;
RESOLVED, That the City of Ann Arbor agree to enter into the grant contract with
the State of Michigan and the Michigan Department of State Police by authorizing the City
Administrator to sign the agreement on file in the City Clerk's Office;
RESOLVED, That the City Administrator be directed to accept these federal passthrough
funds and appropriate the $98,033.00 to the Fire Department Budget; and
RESOLVED, That the City Administrator be authorized to take all administrative
actions necessary to implement these actions.
Councilmember Higgins moved that the resolution be adopted.
On a voice vote the Mayor declared the motion carried.
****************************************************************
Council - August 20, 2001 33
R-360-8-01 APPROVED
RESOLUTION TO APPROVE THE PURCHASE OF EQUIPMENT FROM
ARGUS SUPPLY COMPANY FOR 1999 STATE OF DOMESTIC
PREPAREDNESS EQUIPMENT AGREEMENT
(62,024.67)
Whereas, Bids were solicited through the Michigan Department of State Police,
Emergency Management Division with Argus Supply Company being the lowest
responsible bid;
Whereas, Argus Supply Company received Human Rights approval on July 12,
2001; and
Whereas, The City of Ann Arbor is not required to provide any matching funds under
this grant program:
RESOLVED, The City Council accept the bid of Argus Supply Company in the
amount of 62,024.67; and
RESOLVED, That the Interim City Administrator be authorized and directed to sign a
purchase order to Argus Supply Company in the amount of $62,024.67.
Councilmember Carlberg moved that the resolution be adopted.
On a voice vote the Mayor declared the motion carried.
****************************************************************
R-361-8-01 APPROVED
RESOLUTION APPROVING A GRANT OF EASEMENT TO AMERITECH
MICHIGAN FOR ELECTRONIC FIBER OPTIC CABLE CABINET
(SOUTHEAST AREA PARK PROPERTY)
Whereas, The City of Ann Arbor is the owner of the following described property:
Parcel I: Commencing at the SE Corner of Section 10, T3S, R6E, City of Ann
Arbor, Washtenaw County, Michigan; thence S89Å 56' 05" W 415.88 feet
along the S line of said section and the centerline of Ellsworth Road to the
POINT OF BEGINNING; thence continuing S89Å 56' 05" W 386.83 feet along
said S line and said centerline; thence N 01Å 22' 40" E 1123.27 feet; thence
S55Å 16' 00" E 638.17 feet along the southwesterly right-of-way line of the I-
94 Expressway; thence S01Å 00'00" W 417.74 feet; thence S89Å 00' 00" E
34 Council - August 20, 2001
264.44 feet; thence S01Å 00' 00" west 66.00 feet along the E line of said
section and the centerline of Platt Road; thence N89Å 00' 00" W 415.81 feet;
thence S01Å 00' 00" W 277.93 feet to the POINT OF BEGINNING. Being a
part of the SE 1/4 of the SE 1/4 of Section 10, T3S, R6E, City of Ann Arbor,
Washtenaw County, Michigan.
Parcel II: Commencing at the SE Corner of Section 10, T3S, R6E, City of
Ann Arbor, Washtenaw County, Michigan; thence S89Å 56' 05" W802.71 feet
along the S line of said section and the centerline of Ellsworth Road to the
POINT OF BEGINNING; thence continuing S89Å 56' 05" W 546.84 feet along
said S line of said centerline; thence N01Å 22' 40" E 1340.11 feet along the
W line of the SE 1/4 of the SE 1/4 of said Section; thence N89Å 59'30" E
229.80 feet along the N line of the SE 1/4 of the SE 1/4 of said section;
thence S55Å 16' 00" E 379.44 feet along the southwesterly right-of-way line
of the I-94 Expressway; thence S 01Å 22' 40" W 1123.27 feet to the POINT
OF BEGINNING. Being a part of the SE 1/4 of the SE 1/4 of Section 10,
T3S, R6E, City of Ann Arbor, Washtenaw County, Michigan.
Whereas, The Michigan Bell Telephone Company, also known as Ameritech
Michigan, a Michigan corporation, has requested a grant of easement from the City of Ann
Arbor for the construction, operation and maintenance of a vented cabinet for electronic
fiber optic cable for high-speed data and internet services, described as a 20 x 20 foot area
located north of Ellsworth Road on Southeast Area Park property in order to provide
broadband network services to its customers in southeast Ann Arbor, specifically;
Part of City property known as Southeast Area Park located in the
SE 1/4 of Section 10, T3S, R6E, City of Ann Arbor Washtenaw
County, Michigan. The easement being more particularly
described as commencing at the SE Corner of said Section 10;
thence S89Å 56' 05" W 1303.00 feet along the S section line and
the centerline of Ellsworth Road; thence N00Å 03' 55" W 50.00
feet to the N line of said road and the POINT OF BEGINNING; thence
continuing N00Å 03' 55" W 20.00 feet; thence N89Å 56' 05"
E 20.00 feet; thence S00Å 03' 55" E 20.00 feet; thence
S89Å 56' 05" W 20.00 feet to the POINT OF BEGINNING.
Being a part of the SE 1/4 of the SE 1/4 of Section 10, T3S,
R6E, City of Ann Arbor, Washtenaw County, Michigan.
Whereas, The City Administrator has determined, in accordance with Section
1:320(4) of the Ann Arbor City Code, based on the consideration to be paid and conditions
for construction set forth in the Grant of Easement that an appraisal is not necessary and
has so stated to Council;
Council - August 20, 2001 35
Whereas, The City Park Advisory Commission approved the easement at its May 11,
2001 meeting; and
Whereas, The City Parks and Recreation Department and the City Administration do
not object to the granting of the easement;
RESOLVED, That City Council accept the recommendation of the City Administrator
for the reasons specified herein that no appraisal be performed in conjunction with this
Grant of Easement;
RESOLVED, That Grant of Easement be authorized by City Council subject to
conditions, including indemnification of the City;
RESOLVED, That City Council hereby authorize the Grant of Easement subject to
conditions, including indemnification of the City as Grantor and further approve the
execution of all necessary documents as evidence of such grant; and
RESOLVED, That the Mayor and Clerk be authorized to execute the Grant of
Easement in substantially the form now on file in the City Clerk=s office.
Councilmember Hartwell moved that the resolution be adopted.
On a voice vote the Mayor declared the motion carried.
****************************************************************
R-362-8-01 APPROVED
36 Council - August 20, 2001
RESOLUTION TO APPROVE AMENDMENT NO. 4 TO
TELECOMMUNICATIONS RIGHT-OF-WAY PERMIT AGREEMENT #1997 FOR
MICHIGAN BELL TELEPHONE COMPANY, A/K/A AMERITECH OR AMERITECH
MICHIGAN, TO USE CERTAIN PUBLIC RIGHTS-OF-WAY TO PROVIDE
TELECOMMUNICATION SERVICES
Whereas, Ameritech has applied for an amendment to Telecommunications Permit
Agreement #1997-3 which would allow for additional facilities to be installed in a location
not covered by Permit #1997-3 as previously amended and administratively extended; and
Whereas, The application of Ameritech for this amendment to Permit #1997-3 was
reviewed and recommended for approval by staff in the Public Services Department,
Building Department and City Attorney=s Office;
RESOLVED, That City Council approve and authorize the Mayor and City Clerk to
execute Amendment No. 4 to Telecommunications Permit Agreement #1997-3 on file in the
City Clerk's Office.
Councilmember Hartwell moved that the resolution be adopted.
On a voice vote the Mayor declared the motion carried.
****************************************************************
R-363-8-01 APPROVED
RESOLUTION TO AUTHORIZE SUMMARY PUBLICATION OF
ORDINANCE NO. 32-01 - FOOTING DRAIN DISCONNECT FROM
PUBLIC OWNED TREATMENT WORKS (POTW)
Whereas, Section 7.4 of the City Charter authorizes the publication by summary of
ordinance over 500 words in length;
RESOLVED, That Ordinance No. 32-01 be published by the following summary:
Ordinance No. 32-01 amends the City Code by adding a new Section 2:51.1 to
Chapter 28. The new section provides for improper storm water flows to be disconnected
from the Public Owned Treatment Works (POTW) and allows the POTW to fund, within
specified
levels, the systematic disconnection of footing drains from the POTW for eligible
participants.
Council - August 20, 2001 37
The complete text of this ordinance is available for inspection at the City Clerk's
Office, 2nd floor of the Guy C. Larcom, Jr. Municipal Building, 100 N. Fifth Ave., Ann Arbor.
Councilmember Hartwell moved that the resolution be adopted.
On a voice vote the Mayor declared the motion carried.
****************************************************************
R-364-8-01 APPROVED
RESOLUTION TO ACCEPT BOARD OF INSURANCE ADMINISTRATION
MINUTES OF AUGUST 17, 2001 AND TO AUTHORIZE PAYMENTS
RESOLVED, That the attached Board of Insurance Administration Minutes of August
17, 2001, be accepted and that the payments therein be authorized:
MINUTES
August 17, 2001
CITY OF ANN ARBOR BOARD OF INSURANCE ADMINISTRATION
Present: Joe Upton, Councilperson
Joan Lowenstein, Councilperson
Karen Sanford, City Treasurer III
Absent: None
Also Present: James Armstrong, Risk Management Office
Bob West, Assistant City Attorney
Abigail Elias, City Attorney.
CLAIMS DENIED:
38 Council - August 20, 2001
CASE NO.
CC 81-01 Vehicle Damage Claim: Ché Anthony Carter
Discussed by Jim Armstrong, Manager, Safety & Risk Management
Board denied the claim.
CC 86-01 Vehicle Damage Claim: Sarah Bethel
Discussed by Jim Armstrong, Manager, Safety & Risk Management and
the Board denied the claim and proposed that the Parks Department
assume the $1,083.61 in repairs due to their negligence in this case.
CC 89-01 Property Damage Claim: Ed Han
Discussed by Jim Armstrong, Manager, Safety & Risk Management
Board denied the claim.
CC 92-01 Vehicle Damage Claim: Mark Cozart
Discussed by Jim Armstrong, Manager, Safety & Risk Management and
the Board denied the claim and proposed that the Utilities Department
assume the $329.14 in repairs due to their negligence in this case.
CC 92-01 Vehicle Damage Claim: Lisa Becks
Discussed by Jim Armstrong, Manager, Safety & Risk Management and
the Board denied the claim and proposed that the Parks Department
assume the $500 reimbursement of insurance deductible due to driver
negligence in this case.
OTHER BUSINESS:
CASE NO.
Insurance Policy Renewals
Discussed by Jim Armstrong, Safety & Risk Manager
Board authorized new insurance policies
Lawsuit of Steinman:
Discussed by David Swan, Assistant City Attorney
Lawsuit of Stacey Washington:
Discussed by Abigail Elias, City Attorney and the Board was given a
status update.
Sewer Back Up Class Action Lawsuits
Council - August 20, 2001 39
Discussed by Abigail Elias, City Attorney and the Board was given a
status update.
Position of Claims Specialist
Discussed by Jim Armstrong, Safety & Risk Manager
Board authorized restructuring job duties and change of title to Claims
Specialist.
Lawsuit of Janis Marchyok
Discussed by David Swan, Assistant City Attorney
CC 69-01 Sewer Claim: Dawn Grabiec
Discussed by Jim Armstrong, Manager, Safety & Risk Management and
the Board authorized settlement.
CC 75-01 Vehicle Damage Claim: Griffin Lindsay
Discussed by Jim Armstrong, Manager, Safety & Risk Management and
the Board authorized settlement.
CC 82-01 Sewer Claim: Sam & Linda Myers
Discussed by Jim Armstrong, Manager, Safety & Risk Management and
the Board authorized settlement.
CC 90-01 Vehicle Damage Claim: Michael Lovernick
Discussed by Jim Armstrong, Manager, Safety & Risk Management and
the Board authorized settlement.
CC 93-01 Property Damage Claim: Barbara & Ronald Hirschl
Discussed by Jim Armstrong, Manager, Safety & Risk Management and
the Board authorized settlement.
Prepared by,
Janine Bauer,
Interim Claims Specialist
Councilmember Lowenstein moved that the resolution be adopted.
On a voice vote the Mayor declared the motion carried.
****************************************************************
R-365-8-01 APPROVED
40 Council - August 20, 2001
RESOLUTION TO AUTHORIZE THE CITY ADMINISTRATOR
TO EXECUTE THE INSURANCE POLICY INCLUDING BOILER &
MACHINERY WITH FM GLOBAL
($156,648.00)
Whereas, The City's property insurance policies have expired on August 15, 2001;
Whereas, The City placed the service out to bid;
Whereas, The renewal of these services through FM Global would increase the
annual cost by $20,432.00;
Whereas, FM Global provided the best proposal rate structure of $156,648.00 ;
Whereas, FM Global is in compliance with the Living Wage Ordinance, and obtained
Human Rights approval on August 20, 2001; and
Whereas, The City will enter into a one-year contract with FM Global for property
insurance including boiler and machinery;
RESOLVED, That the City Administrator be authorized to execute the insurance
renewal for property including boiler and machinery with FM Global for a one-year period
beginning August 16, 2001.
Councilmember Hartwell moved that the resolution be adopted.
On a voice vote the Mayor declared the motion carried.
****************************************************************
Council - August 20, 2001 41
R-366-8-01 APPROVED
RESOLUTION TO AUTHORIZE THE CITY ADMINISTRATOR TO EXECUTE
THE INSURANCE POLICY RENEWAL FOR WORKERS' COMPENSATION
AND LIABILITY WITH DISCOVER RE
Whereas, The City's workers' compensation and liability insurance polices have
expired on August 15, 2001;
Whereas, The City placed the service out to bid and three companies responded
with complete proposals;
Whereas, The renewal for these services through Discover RE would increase the
annual cost by $104,000.00;
Whereas, Human Rights and Living Wage approvals are pending; and
Whereas, The City will enter into a one year contract with Discover RE for worker's
compensation and liability insurance;
RESOLVED, That the City Administrator be authorized to execute the insurance
renewal for workers' compensation and liability with Discover RE for a one-year period
beginning August 16, 2001.
Councilmember Robinson moved that the resolution be adopted.
On a voice vote the Mayor declared the motion carried.
REPORTS FROM COUNCIL COMMITTEES
None.
COUNCIL PROPOSED BUSINESS
None.
42 Council - August 20, 2001
COMMUNICATIONS FROM THE MAYOR
APPOINTMENTS APPROVED
Mayor Hieftje recommended the following appointments at the August 6, 2001 regular
session of Council:
Community Development Block Grant Citizen Participation Executive Committee
Willie Horton (Re-appointment and Appointment to Committee Chair)
2531 Braeburn Circle
Ann Arbor, MI 48108
Term: August 20, 2001 - June 30,2004
Maureen O'Rourke (Re-appointment)
916 Sunnyside Blvd.
Ann Arbor, MI 48103
Term: August 20, 2001 - June 30, 2004
Rebekah Warren (Fill a Vacancy)
234 Eighth Street
Ann Arbor, MI 48103
Term: August 20, 2001 - June 30, 2004
Commission on Art in Public Places
Bryan Rogers (Fill an At Large Vacancy)
3222 E. Delhi Road
Ann Arbor, MI 48103
Term: August 20,2001 - December 31, 2004
Domestic Violence Coordinating Board
Christ Heatley (Fill vacancy left by Mike Zsenyuk)
Ann Arbor Police Department Rep.
Term: August 20, 2001 - September 4, 2003
Council - August 20, 2001 43
Downtown Development Authority
David Solo (Fill a Vacancy)
Bagel Factory, Inc.
1306 S. University
Ann Arbor, MI
Term: August 20, 2001 - July 31, 2005
Energy Commission
Robert A. Black (Re-appointment)
516 Spring Street
Ann Arbor, MI 48103
Term: August 20, 2001 - August 19, 2004
Kurt Brandle (Re-appointment)
3115 Lexington Dr.
Ann Arbor, MI 48105
Term: August 20, 2001 - August 19, 2004
Yoshiko Hill (Re-appointment)
4801 Starak Lane
Ann Arbor, MI 48105
Term: August 20, 2001 - August 19, 2004
Stephen S. Miller (Re-appointment)
2412 Georgetown Blvd.
Ann Arbor, MI 48105
Term: August 20, 2001 - August 19, 2004
Housing Commission
David A. Parent (Fill a vacancy left by resignation of Robin Stephens)
824 S. Main Street, #3
Ann Arbor, MI 48104
Term: August 20, 2001 - April 30, 2004
44 Council - August 20, 2001
Sign Board of Appeals
Gordon Barnett, Jr. (Re-appointment)
2097 Yorktown Drive
Ann Arbor, MI 48105
Term: August 20, 2001 - August 19, 2004
Steve Olsen (Re-appointment)
1007 Lincoln Avenue
Ann Arbor, MI 48104
Term: August 20,2001 - August 19, 2004
Steve Schweer (Re-appointment)
1025 Berkshire Road
Ann Arbor, MI 48104
Term: August 20, 2001 0 August 19, 2004
Zoning Board of Appeals
David Gregorka (Re-appointment)
1723 Ivywood Dr.
Ann Arbor, MI 48103
Term: August 20,2004 - August 19, 2004
Ethel K. Potts (Re-appointment)
1014 Elder Blvd.
Ann Arbor, MI 48103
Term: August 20, 2001 - August 19, 2004
Councilmember Herrell moved that Council concur with the recommendations of the Mayor.
On a voice vote the Mayor declared the motion carried.
NOMINATION PLACED ON TABLE
Mayor Hieftje placed the following nomination on the table for approval at a later date:
Council - August 20, 2001 45
Community Development Block Grant Citizen Participation Executive Committee
Bernard Cherkasov
555 East William Street #16-G
Ann Arbor, MI 48104
Term: September 6, 2001 - June 30, 2004
COMMUNICATIONS FROM THE CITY ADMINISTRATOR
REPORTS SUBMITTED
Interim City Administrator Ron Olson submitted the following reports for information of
Council:
1. Section 8 Renewal of Expiring FFY01 Q4 Voucher Increments - Housing
Commission
2. Accessible Pedestrian Signals Update - Public Services
3. "Paint The Tank" Design Competition for the Northeast Area Water Tank - Utilities
4. Resolution for the Approval of and Transfer of Insurance Fund Reserve Dollars for
the Fire Service Joint Labor/Management Wellness and Fitness Initiative - Human
Resources
(Reports on file in the City Clerk's Office)
COMMUNICATIONS FROM THE CITY ATTORNEY
REPORT ON COMPLETED ANNEXATIONS
City Attorney Abigail Elias submitted reports on the following completed annexations:
1. Knight property, 4.16 acres, 2310, 2320 and 2324 Dexter Road, from Scio
Township;
2. Kibbie property, 0.52 acre, 2055 Pontiac Trail, from Scio Township; and
3. Rudolf Steiner High School (Moehrle Inc.) property, 6.26 acres, 2230, 2244 and
2250 Pontiac Trail from Scio Township.
46 Council - August 20, 2001
(Reports on file in the City Clerk's Office)
COMMUNICATIONS FROM COUNCIL
COUNCILMEMBER HERRELL
Councilmember Herrell announced that everyone is invited to the Lenawee Native
American Powwow which will take place in Adrian, Michigan, at the Sienna Heights
University Field House on September 29th and 30th.
CLERK'S REPORT OF COMMUNICATIONS, PETITIONS AND REFERRALS
The following minutes were received for file:
1. Zoning Board of Appeals - February 28, 2001, May 23, 2001, and June 27, 2001
2. City (Farmers) Market Commission - July 19, 2001
Councilmember Lowenstein moved that the Clerk's Report be accepted.
On a voice vote the Mayor declared the motion carried.
PUBLIC COMMENTARY - GENERAL
BOB ELTON - PAINT THE TANK
Bob Elton, Chairman of Ann Arbor Commission on Art in Public Places, talked about the
"Paint The Tank" competition. He showed a sample of the entry blank that will be used for
the proposed competition.
Council - August 20, 2001 47
RECESS FOR CLOSED SESSION
Councilmember Easthope moved that the regular meeting of Council be recessed for a
closed session to discuss the bargaining progress.
On a voice vote the Mayor declared the motion carried and the meeting recessed at 10:40
p.m.
Councilmember Carlberg moved that the regular session of Council be reconvened.
On a voice vote the Mayor declared the motion carried and the meeting reconvened at
11:15 p.m.
ADJOURNMENT
There being no further business to come before Council, it was moved by Councilmember
Carlberg that the meeting be adjourned.
On a voice vote the Mayor declared the motion carried and the meeting adjourned at 11:15
p.m.
Yvonne Carl
Interim Clerk of the Council
Anissa R. King
Recording Secretary