City of Ann Arbor - File #: 07-0714

File #:

07-0714 Version: 1

Name:

2000-09-18 Council Minutes

Type:

Minutes

Status:

Filed

File created:

9/18/2000

In control:

City Council

On agenda:

9/18/2000

Final action:

9/18/2000

Enactment date:

Enactment #:

Title:

ANN ARBOR CITY COUNCIL MINUTES REGULAR SESSION - SEPTEMBER 18, 2000

Date	Ver.	Action By	Action	Result	Action Details	Meeting Details	Video
9/18/2000	1	City Council	Approved	Pass	Action details	Meeting details	Not available

Title

ANN ARBOR CITY COUNCIL MINUTES

REGULAR SESSION - SEPTEMBER 18, 2000

Body

The regular session of the Ann Arbor City Council was called to order at 7:36 p.m. in the

City Hall Council Chamber by Mayor Ingrid B. Sheldon.

Council stood for a moment of silence.

Mayor Sheldon led Council in the recitation of the Pledge of Allegiance.

ROLL CALL OF COUNCIL

PRESENT : Councilmembers Tobi Hanna-Davies, John Hieftje, Joseph Upton, Joan

Lowenstein, Jean Carlberg, Heidi Cowing Herrell, Stephen C. Hartwell,

Christopher Kolb, Mayor Ingrid B. Sheldon, 9;

ABSENT : Councilmembers Marcia Higgins, Elisabeth L. Daley, 2.

INTRODUCTION

Mayor Sheldon read a proclamation on behalf of Pollution Prevention Week (September

18-24, 2000), and urged all community members, citizen groups and businesses to

participate in source reduction activities.

PUBLIC COMMENTARY - RESERVED TIME

KERMIT SCHLANSKER - GEOMETRY

Kermit Schlansker expressed concern about the oil and gas crisis in America and urged

City Council to take action and implement measures to cut back on energy consumption.

RANDALL SMITH - CHAMPION HOUSE LIQUOR TRANSFER

Randall Smith, attorney on behalf of Champion House and Wang Restaurant, requested

that City Council table the resolution objecting to the transfer of the liquor license to allow

Champion House time to withdraw their application if the cited deficiencies are not

corrected within two weeks.

DAVID SMITH - LACK OF SKATEBOARD FACILITIES IN ANN ARBOR

David Smith expressed concern about the lack of park facilities available for children who

2 Council - September 18, 2000

skateboard, in-line skate and bike. He requested that City Council consider providing a

separate facility to house skating activities.

PUBLIC HEARINGS

MICHIGAN ABILITY PARTNERS ZONING (ORDINANCE NO. 39-00)

A public hearing was conducted on the proposed amendment to Chapter 55, rezoning of

0.9 acre from R1C (Single-Family Dwelling District) to R2A (Two-Family Dwelling District),

Michigan Ability Partners property, 2845 Burton Road. Notice of public hearing was

published September 10, 2000.

The following persons spoke in opposition to the proposed rezoning due to issues

relating to safety and increased traffic:

Rodney Lotts, 2725 Burton Road

Owner of property at 2765 Burton Road

Bill Treml

The following employees of Michigan Ability Partners spoke in support of the

proposed rezoning:

Jan Little

Rolla Jeffrey

There being no one else present to speak, the Mayor declared the hearing closed.

WIRELESS COMMUNICATIONS FACILITIES (ORDINANCE NO. 40-00)

A public hearing was conducted on the proposed amendment to Chapters 55 and 57

regarding Wireless Communications Facilities. Notice of public hearing was published

September 10, 2000.

There being no one present to speak, the Mayor declared the hearing closed.

Council - September 18, 2000 3

CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION FOR 1999 PROGRAM

YEAR

A public hearing was conducted on the Consolidated Annual Performance and Evaluation

for 1999 Program Year. Notice of public hearing was published September 17, 2000.

The following person was present to speak:

Jim Mogensen expressed concern that current changes in the HUD Program may

pose potential problems in the future for Section 8 and other housing programs. He

emphasized working on community land trusts to maximize subsidy and keep affordable

housing over a period of time.

There being no one else present to speak, the Mayor declared the hearing closed.

APPROVAL OF AGENDA

AGENDA APPROVED WITH CHANGES

Councilmember Carlberg moved that the agenda be approved with the following changes:

CONSENT AGENDA

Revise: Resolution Authorizing Amendments to Non-Union Pay Schedules and

Adjustments to AFSCME, Deputy Chiefs, Lieutenants and Sergeants, and

Teamster Civilian Units Pay Schedules (Human Resources)

ORDINANCES - SECOND READING

Delete: Amendment to Chapter 55, Rezoning of 0.9 acre from R1C (Single-

Family Dwelling District) to R2A (Two-Family Dwelling District),

Michigan Ability Partners Property, 2845 Burton Road (Ordinance No.

39-00)

MOTIONS AND RESOLUTIONS

Delete: Resolution to Approve Michigan Ability Partners Site Plan and

Development Agreement, 0.9 acre, 2845 Burton Road (Planning

Commission recommendation: Approval - 7 yeas, 0 nays)

4 Council - September 18, 2000

Add: Resolution Recognizing the Michigan Alliance for Gifted Education as a

Nonprofit Organization in the City of Ann Arbor (Mayor Sheldon)

Add: Resolution for Community Events Fund Disbursement (Mayor Sheldon)

COMMUNICATIONS FROM THE CITY ADMINISTRATOR

Add: Sanitary Sewer Capacity

On a voice vote the Mayor declared the motion carried.

APPROVAL OF COUNCIL MINUTES

MINUTES OF SEPTEMBER 5, 2000 APPROVED

Councilmember Herrell moved that the regular session minutes of September 5, 2000 be

approved as presented.

On a voice vote the Mayor declared the motion carried.

RECESS TO EXECUTIVE SESSION

Councilmember Upton moved to recess to an executive session to discuss pending

litigation.

On roll call, the vote was as follows:

Yeas, Councilmembers Hanna-Davies, Hieftje, Upton, Lowenstein, Carlberg, Herrell,

Hartwell, Kolb, Mayor Sheldon, 9;

Nays, 0.

The Mayor declared the meeting recessed at 8:14 p.m.

Council - September 18, 2000 5

RECONVENE REGULAR SESSION

Councilmember Upton moved that the regular session of Council be reconvened.

On a voice vote the Mayor declared the regular session of Council reconvened at 9:00 p.m.

CONSENT AGENDA

CONSENT AGENDA ITEMS ADDED

With unanimous consent of Council, the following item was added to the Consent Agenda:

Resolution Authorizing Approval of Settlement with Navinchandra J. Shah (Attorney)

CONSENT AGENDA ITEMS APPROVED

Councilmember Hieftje moved that the following Consent Agenda items be approved as

presented:

R-448-9-00 APPROVED

RESOLUTION TO APPROVE HOUSING AFFORDABILITY AGREEMENT

WITH 100 FOURTH AVENUE LIMITED DIVIDEND HOUSING ASSOCIATION

(LDHA) LIMITED PARTNERSHIP (COURTHOUSE SQUARE APARTMENTS)

FOR REHABILITATION AT 100 S. FOURTH AVENUE

Whereas, An application was received in June, 2000 from 100 Fourth Avenue LDHA

LP (Courthouse Square Apartments) for financial assistance to be used for the

rehabilitation of property located at 100 S. Fourth Avenue which is used as affordable

housing for very low income, elderly persons;

Whereas, From the total estimated project cost of $450,000, Courthouse Square

Apartments expects to leverage $250,000 from other sources;

Whereas, The Housing Policy Board at its meeting on September 7, 2000

recommended City Council approval of $200,000 of City funds for the project with a

contingency for $63,500 of the total; and

Whereas, Human Rights approval was received for the contractor on September 11,

2000;

RESOLVED, That City Council authorize the Mayor and City Clerk to execute the

Housing Affordability Agreement and all other documents necessary to implement this

agreement substantially in the form on file in the office of the City Clerk with funds to be

available until expended without regard to fiscal year.

6 Council - September 18, 2000

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

R-449-9-00 APPROVED

RESOLUTION TO APPROVE REVISED FUNDING SOURCES FOR

HOUSING AFFORDABILITY AGREEMENT WITH DAWN FARMS

FOR ACQUISITION OF PROPERTY AT 410 HIGH STREET

Whereas, On April 3, 2000, City Council approved Resolution R-147-4-00 allocating

$172,200 in HOME funds to Dawn Farm for the acquisition and related costs of property

located at 410 High Street to be used as affordable transitional housing for extremely low

income, homeless, addicted men;

Whereas, From the total estimated project cost of $326,700, Dawn Farm expects to

leverage funds from the Federal Home Loan Bank (FHLB) through Michigan National Bank,

the Michigan State Housing Development Authority (MSHDA) and the Michigan Housing

Trust Fund;

Whereas, Dawn Farm has requested that other City funds be substituted for the

previously approved HOME funds;

Whereas, The Housing Policy Board at its meeting on September 7, 2000

recommended City Council approval of substitution of funds for the project; and

Whereas, Human Rights approval was received for the contractor in March, 2000;

RESOLVED, That City Council approve the Housing Affordability Agreement with

Dawn Farm in the amount of $172,200 (with $120,000 of CDBG funds and $52,200 of

Housing Trust Funds (General Funds)) as a 0% interest loan with no repayment of principal

or interest until the sale of the property; and

RESOLVED, That City Council authorize the Mayor and City Clerk to execute the

Housing Affordability Agreement, the Inter-Creditor Agreement and all other documents

necessary to implement this agreement substantially in the form on file in the office of the

City Clerk with funds to be available until expended without regard to fiscal year.

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

R-450-9-00 APPROVED

RESOLUTION TO APPROVE REVISED HOUSING AFFORDABILITY

AGREEMENT AND INTERCREDITOR AGREEMENT WITH AVALON HOUSING,

INC. TO ALLOW REFINANCING OF 60 W. SUMMIT STREET

Council - September 18, 2000 7

Whereas, On April 17, 1995, City Council approved Resolution R-157-4-95 relating

to Avalon Housing Inc.=s acquisition of 610 W. Summit Street including a Housing

Affordability Agreement and Intercreditor Agreement;

Whereas, The initial project financing included HOME funding from the City of Ann

Arbor, Great Lakes Bank through the Federal Home Loan Bank, Washtenaw County and

the Michigan Housing Trust Fund;

Whereas, Because one of the financing sources had a five year balloon payment

which is now due, Avalon has arranged for refinancing which will require new lien

arrangements;

Whereas, The Housing Policy Board at its meeting on September 7, 2000

recommended City Council approval of the refinancing request and revised Housing

Affordability Agreement and Intercreditor Agreement; and

Whereas, Human Rights approval was received for the contractor in March, 2000;

RESOLVED, That City Council approve the revised Housing Affordability Agreement

and Intercreditor Agreement with Avalon Housing Inc. for 610 W. Summit to allow project

refinancing.

RESOLVED, That City Council authorize the Mayor and City Clerk to execute the

Housing Affordability Agreement and Intercreditor Agreement and any other document

necessary to implement this refinancing substantially in the form on file in the office of the

City Clerk.

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

8 Council - September 18, 2000

R-451-9-00 APPROVED

RESOLUTION TO APPROVE A CHANGE ORDER #1 WITH

THOMPSON-MCCULLY COMPANY FOR THE 2000 DOWNTOWN

STREET RESURFACING PROJECT

Whereas, On April 17, 2000, City Council approved a contract in the amount

of $909,448.50 with the Thompson-McCully Company for the construction of the 2000

Downtown Street Resurfacing Project;

Whereas, Additional work in the amount of $169,030 has been found to be

necessary to satisfactorily complete the project; and

Whereas, Funding for this additional work is available from the Street

Millage Fund (Fund 0062);

RESOLVED, That Council approve a change order in the amount of $169,030 to

the Thompson-McCully Company for the construction of the 2000 Annual Street

Resurfacing Project, with funding from the Street Millage Fund (Fund 0062), to be

available until expended without regard to fiscal year; and

RESOLVED, That Council authorize the City Administrator to take the

necessary administrative actions to implement this resolution.

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

R-452-9-00 APPROVED

RESOLUTION TO APPROVE THE PURCHASE OF

AN AERIAL TOWER TRUCK FROM BILL WINK CHEVROLET

BID NO. 3386

Whereas, The Fleet Services Division of the Public Services Department

needs to purchase a replacement Aerial Tower Truck for the City=s fleet;

Whereas, Bill Wink Chevrolet was the lowest responsible bidder, Bid #3386,

for a total of $108,785; and

Whereas, Bill Wink Chevrolet received Human Rights approval on August 31,

2000;

Council - September 18, 2000 9

RESOLVED, The City Council approves the issuance of a purchase order to

Bill Wink Chevrolet for the purchase of an Aerial Tower Truck for the amount of

$108,785 from the 2000-01 budgeted Motor Equipment Funds

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

R-453-9-00 APPROVED

RESOLUTION AWARDING A CONSTRUCTION CONTRACT

AND ESTABLISHING A PROJECT BUDGET FOR BROADWAY

BRIDGE TEMPORARY REPAIRS

Whereas, It has been found necessary to perform certain repairs on the Broadway

Bridge over Depot Street and the Norfolk Southern railroad tracks in order to ensure that

the bridge can continue to function in its current capacity until such time as the bridge is

demolished and replaced as part of the Broadway Bridges Reconstruction Project;

Whereas, Dan=s Excavating, Inc. of Shelby Township, Michigan has submitted to

the City on August 18, 2000, a bid for said work in the total amount of $31,493.49 which

amount is the lowest responsible bid;

Whereas, The contractual proposal sets forth the services to be performed by said

company, and the payments to be made by the City therefor, 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, Dan=s Excavating, Inc. has received Human Rights approval on August

23, 2000;

RESOLVED, That a contract in the amount of $31,493.49 be awarded to Dan=s

Excavating, Inc. for the construction of the Broadway Bridges Partial Rehabilitation Project

(Bid No. 3371);

RESOLVED, That the Mayor and City Clerk are authorized and directed to sign said

contract on forms approved as to form by the City Attorney, and approved as to substance

by the City Administrator;

RESOLVED, That the City Administrator is authorized to take necessary

administrative actions to implement this resolution; and

RESOLVED, That the following project budget be adopted with funds to be available

until expended without regard to fiscal year:

10 Council - September 18, 2000

Section I - Revenue

$63,850 Major Street Fund (Fund 0021)

$63,850 TOTAL, and

Section II - Expense

$31,500 Construction

18,350 Design Engineering

9,080 Construction Engineering

3,000 Contingencies approved by the City Administrator

920 Miscellaneous Costs

1,000 Railroad Flagging & Inspection Fees

$63,850 TOTAL

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

R-454-9-00 APPROVED

RESOLUTION TO APPROVE CONTRACT WITH WOOD CLEANING

SERVICES FOR JANITORIAL SERVICES AT ANN ARBOR SENIOR

CENTER AND EBERBACH CULTURAL ARTS CENTER - BID NO. 3350

Whereas, The Administrative Services Department, Purchasing Division

solicited bids for janitorial services at the Ann Arbor Senior Center and

Eberbach Cultural Arts Center;

Whereas, Bids were received on June 29, 2000, and Wood Cleaning Services

was the lowest responsible bidder and complies with the prevailing wage

ordinance;

Whereas; Wood Cleaning Services has received Human Rights approval on June

22, 2000; and employees working on the project will be paid at least $10 per

hour; and

Whereas, Funding for the contract are available within the approved General

Fund budget for each facility;

RESOLVED, That the Mayor and City Council approve a contract, per Bid No.

3350, with Wood Cleaning Services in the amount of $63,072.00 for three years

Council - September 18, 2000 11

($21,024.00 annually), with three, one-year renewal options; and

RESOLVED, That the Mayor and City Clerk be authorized to sign the agreement

approved as to form by the City Attorney and substance by the City Administrator.

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

R-455-9-00 APPROVED

RESOLUTION TO APPROVE A PURCHASE ORDER WITH

GORDONS, INC.

Whereas, The Department of Parks and Recreation uses Gordons, Inc. for

concession and concession-related products;

Whereas, The Police Department uses Gordons, Inc. For miscellaneous Police

functions and activities.

Whereas, Gordons, Inc. is a major supplier, extremely reliable and competitive on

concession products in this area; and

Whereas, Gordons, Inc. received City of Ann Arbor Human Rights approval on July

10, 2000;

RESOLVED, That Mayor and City Council approve a standing purchase order with

Gordons, Inc. for $60,000 for fiscal year 2000-2001.

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

R-456-9-00 APPROVED

RESOLUTION TO APPROVE A STANDING PURCHASE ORDER

WITH TURFGRASS, INC.

Whereas, The Department of Parks and Recreation uses Turfgrass, Inc. for turf care

and golf related products;

Whereas, Turfgrass, Inc. is a major supplier and is normally lowest bidder on these

products in this area;

12 Council - September 18, 2000

Whereas, Turfgrass, Inc. received City of Ann Arbor Human Rights approval on

March 23, 2000;

RESOLVED, That Mayor and City Council approve a standing purchase order with

Turfgrass, Inc. for $45,000.00 for fiscal year 2000-2001.

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

R-457-9-00 APPROVED

RESOLUTION AUTHORIZING SANITARY SEWER AND STORM SEWER

IMPROVEMENT CHARGES FOR 3100 NIXON ROAD

Whereas, The City has previously constructed a water main improvement

described as follows:

Lot 3 S. Main Acres:

Water Main: 16' water main in Main St., File No.84036, Dist. No. 84036,

$42.38/Lineal Foot; 80 Lineal Feet = $3,390.40

Stormwater: South Main Street Imp. Project. Dist. No. 2, Job No. 795,

$9.9819/L.F., 80 L.F. = $798.56

Lot 2 S. Main Acres:

Water Main: 16' water main in Main St., File No.84036, Dist. No. 84036,

$42.38/Lineal Foot; 80 Lineal Feet = $3,390.40

Stormwater: South Main Street Imp. Project. Dist. No. 2, Job No. 795,

$9.9819/L.F., 80 L.F. = $798.56

Lot 1 of S. Main Acres:

Water Main: 16' water main in Main St., File No.84036, Dist. No. 84036,

$42.38/Lineal Foot; 80 Lineal Feet = $3,390.40

Stormwater: South Main Street Imp. Project. Dist. No. 2, Job No. 795,

$9.9819/L.F., 80 L.F. = $798.56

Council - September 18, 2000 13

Lot 1 of S. Main Woods:

Water Main: 16' water main in Main St. , File No.84036, Dist. No. 84036,

$42.38/Lineal Foot; 70 Lineal Feet = $2,966.60

Stormwater: South Main Street Imp. Project. Dist. No. 2, Job No. 795,

$9.9819/L.F., 70 L.F. = $698.74

Lot 2 of S. Main Woods:

Water Main: Non available

Stormwater: Non available

GRAND TOTAL OF IMPROVEMENT CHARGES $16,232.22; 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 newlyannexed

property which is specially benefitted by the above improvements:

Annexation Address: 2830-2870 South Main Street

City Assessor Code: 12-05-304-012

Annexation Number : A98-07

Planning File No : 12053F21.1 and .2

Beginning at the Northwest corner of Lot 3 of ÁSouth Main Acres, part of

the East 1/4 of the East 1/2 of the Southwest 1/4 of Section 5, T3S, R6E,

Pittsfield Township, Washtenaw County, Michigan as recorded in Liber 10 of

Plats, page 3, Washtenaw County Records; thence N 87Å 55'20" E 646.78 feet

along the Southerly right-of-way line of West Oakbrook Drive to a point on

the Westerly right-of-way line of South Main Street; thence S 00Å01'20" E

309.75 feet along said Westerly right-of-way line to a point on the North

line of Lot 2 of ÁSouth Main Woods, the South 10 acres of the East 1/2 of

the East 1/2 of the Southwest 1/4 of Section 5, T3S, R6E, Pittsfield

14 Council - September 18, 2000

Township, Washtenaw County Michigan, as recorded in Liber 10 of Plats,

page 1, Washtenaw County Records; thence S 87Å56'50" W 159.95 feet along

said North line to a point on the West line of said Lot 2; thence S

00Å01'15" E 69.95 feet to a point on the South line of said Lot 2; thence

S 87Å58'15" W 486.86 feet along the Westerly projection of said South line

to a point on the West line of Lot 12 of said ÁSouth Main Woods and the

East line of ÁCranbrook Subdivision, as recorded in Liber 26 of Plats,

pages 16 through 20, inclusive, Washtenaw County Records; thence North

139.50 feet along said West line of said East line to a point on the South

line of said ÁSouth Main Acres; thence N 00Å01'20" W 239.71 feet along

said East line and the West line of said ÁSouth Main Acres to the Point

of Beginning. Being Lots 1 through 3, inclusive, of said ÁSouth Main

Acres and Lot 1 and part of Lot 12 of said ÁSouth Main Woods and

containing 5.37 acres of land, more of less. Also being subject to

easements and restrictions of record, if any. Being subject to and

together with a 30-foot wide easement for the purposes of ingress and

egress and the installation and maintenance of utilities having a West

line described as follows: Commending at the Northwest corner of Lot 3 of

ÁSouth Main Acres, a part of the East 1/2 of the East 1/2 of the

Southwest 1/4 of Section 5, T3S, R6E, Pittsfield Township, Washtenaw

County, Michigan, as recorded in Liber 10 of Plats, page 3, Washtenaw

County Records; thence S 00Å01'20" E 239.71 feet along the West line of

said ÁSouth Main Acres and the East line of saidCranbrook Subdivision

of the Northwest corner of said ÁSouth Main Woods, thence South 139.50

feet along the West line of said ÁSouth Main Woods and the East line of

said ÁCranbrook Subdivision to the Point of Termination. Now situated in

the City of Ann Arbor.

2. That the improvement charge levied is $16,232.22 and is designated as

Utilities Improvement Charge No.677;

3. That this improvement charge is divided into 15 equal installments;

the first to be due on December 1, 2000, 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 7.6% per annum commencing December 1, 2000.

4. That the City Clerk is 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

Council - September 18, 2000 15

County, Michigan; and

5. That this levied improvement charge is to be invoiced to owners of the

property known as 2830-2870 South Main Street, Ann Arbor, MI 48103 and to

be credited in the amounts of $13,137.80 to Fund 0042-073-7151 and

$3,094.22 to Fund 0069-073-7151

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

16 Council - September 18, 2000

R-458-9-00 APPROVED

RESOLUTION AUTHORIZING WATER MAIN AND STORMWATER

IMPROVEMENT CHARGES FOR 2830 TO 2870 SOUTH MAIN STREET

Whereas, The City has previously constructed a water main improvement

described as follows:

Lot 3 S. Main Acres:

Water Main: 16' water main in Main St., File No.84036, Dist. No. 84036,

$42.38/Lineal Foot; 80 Lineal Feet = $3,390.40

Stormwater: South Main Street Imp. Project. Dist. No. 2, Job No. 795,

$9.9819/L.F., 80 L.F. = $798.56

Lot 2 S. Main Acres:

Water Main: 16' water main in Main St., File No.84036, Dist. No. 84036,

$42.38/Lineal Foot; 80 Lineal Feet = $3,390.40

Stormwater: South Main Street Imp. Project. Dist. No. 2, Job No. 795,

$9.9819/L.F., 80 L.F. = $798.56

Lot 1 of S. Main Acres:

Water Main: 16' water main in Main St., File No.84036, Dist. No. 84036,

$42.38/Lineal Foot; 80 Lineal Feet = $3,390.40

Stormwater: South Main Street Imp. Project. Dist. No. 2, Job No. 795,

$9.9819/L.F., 80 L.F. = $798.56

Lot 1 of S. Main Woods:

Water Main: 16' water main in Main St. , File No.84036, Dist. No. 84036,

$42.38/Lineal Foot; 70 Lineal Feet = $2,966.60

Stormwater: South Main Street Imp. Project. Dist. No. 2, Job No. 795,

$9.9819/L.F., 70 L.F. = $698.74

Council - September 18, 2000 17