Title
REGULAR SESSION - JANUARY 2, 1996
Body
Council - January 2, 1996 1
The regular session of the Ann Arbor City Council was called to order at 5:35 p.m. in the
City Hall Council Chamber by Mayor Ingrid B. Sheldon.
Council stood for one moment of silence.
Mayor Sheldon led Council in the recitation of the Pledge of Allegiance.
ROLL CALL OF COUNCIL
PRESENT : Councilmembers Tobi Hanna-Davies, Patricia Vereen-Dixon (entered at
6:00 p.m.), Jane Lumm, David Kwan, Jean Carlberg, Heidi Cowing Herrell,
Stephen C. Hartwell (entered at 5:55 p.m.), Patrick A. Putman, Christopher
Kolb, Mayor Ingrid B. Sheldon, 10.
ABSENT : Councilmember Elisabeth L. Daley, 1.
INTRODUCTIONS
None.
PUBLIC COMMENTARY - RESERVED TIME
KERMIT SCHLANSKER - CITY HOUSING
Kermit Schlansker, 2960 Marshall St., spoke in opposition to the HUD-financed singlefamily
units being constructed by the City. Mr. Schlansker stated that in order to save
costs and conserve energy and resources, subsidized housing must be built as singlebuilding
condominiums with shared facilities, public or occupant ownership, and occupant
management. He further stated that such housing complexes must include a rigidly
structured social design to emphasize the responsibility of the inhabitants.
SAFIYA KHALID - PAYOFF ARRANGEMENTS - PART 5
Safiya Khalid, P.O. Box 130654, urged Council to review the documentation she provided
concerning illegal arrangements between City departments and certain apartment
management companies. Ms. Khalid expressed concern that the Building Department
2 Council - January 2, 1996
ignored complaints of Windemere Park Apartments residents concerning the recent fires at
the complex caused by faulty washers and dryers, and requested an investigation of the
incident.
ANDY GULVEZAN - CITY ADMINISTRATOR
Andy Gulvezan, 2104 Pauline Blvd., urged City Council to appoint him as City
Administrator because he is qualified and would accept a much lower salary than the
current appointee.
PUBLIC HEARINGS
ATRIUM I OFFICE BUILDING REVISED SITE PLAN
A public hearing was conducted on the proposed Atrium I Office Building Revised Site
Plan, 5.02 acres, 900 Victors Way. Notice of public hearing was published December 24,
1995.
There being no one to speak, the Mayor declared the hearing closed.
MALLET CREEK OFFICE CENTER REVISED SITE PLAN
A public hearing was conducted on the proposed Mallet Creek Office Center Revised Site
Plan, 0.05 acre, 2395 Huron Parkway. Notice of public hearing was published
December 24, 1995.
There being no one to speak, the Mayor declared the hearing closed.
NEWPORT HILLS (PHASE II AND III) REVISED SITE CONDOMINIUM SITE PLAN
A public hearing was conducted on the proposed Newport Hills (Phases II and III) Revised
Site Condominium Site Plan, 38.60 acres, west side of Newport Road between Warrington
Drive and Lowell Road. Notice of public hearing was published December 24, 1995.
The following person appeared:
Paul Steinkraus, 2713 White Oak Dr., spoke in opposition to the project and
requested a forum in which all parties could meet to resolve the issues.
There being no one else to speak, the Mayor declared the hearing closed.
Council - January 2, 1996 3
(NOTE: Public hearings continued at end of meeting)
APPROVAL OF AGENDA
AGENDA APPROVED WITH CHANGES
Councilmember Kolb moved that the agenda be approved with the following changes:
ORDINANCES - SECOND READING
Delete: Amendment to Chapter 14, Section 1:312, 1:313 and 1:321 - Purchases and
Contracts (Ordinance No. 63-95)
MOTIONS AND RESOLUTIONS
Revise: Resolution to Approve Woodcreek Site Condominium Site Plan and Site
Development Agreement, 47.8 acres, east side of Chalmers Drive, north of
Arborland Mall (Planning Commission recommendation: Denial - 5 yeas, 2
nays) (Postponed December 4 and December 18, 1995)
CLERK'S REPORT
Add: Communication from Sheilnin Pisani and Denis White, 290 Rolling Meadows,
protesting proposed Cranbrook Commercial Development Rezoning
(Ordinance No. 56-95) - Planning.
On a voice vote the Mayor declared the motion carried.
APPROVAL OF COUNCIL MINUTES
MINUTES OF DECEMBER 11 APPROVED
Councilmember Carlberg moved that the working session minutes of December 11, 1995
be approved as presented.
On a voice vote the Mayor declared the motion carried.
CONSENT AGENDA
4 Council - January 2, 1996
CONSENT AGENDA ITEMS APPROVED
Councilmember Herrell moved that the following Consent Agenda items be approved as
presented:
R-1-1-96 APPROVED
RESOLUTION TO APPROVE HOUSING AFFORDABILITY
AGREEMENT WITH COMMUNITY HOUSING ALTERNATIVES
REGARDING 2176 HEMLOCK DRIVE
Whereas, An application was received in October, 1995 from Community Housing
Alternatives (CHA) for financial assistance to be used for the acquisition and rehabilitation
of property located at 2176 Hemlock Drive;
Whereas, From the total estimated project cost of $69,000.00, CHA will be
leveraging funds from the Michigan Housing Trust Fund, Local Initiative Support
Corporation and private donations;
Whereas, The project is consistent with the high priority needs identified in the City
of Ann Arbor's FY 1995-2000 Consolidated Strategy and Plan;
Whereas, The Housing Policy Board at its meeting on December 20, 1995
recommended this project;
Whereas, CHA agrees to resolve conditions relating to securing the City funds in a
shared first position and insuring that the occupants have a family income less than 50% of
median income; and
Whereas, Human Rights approval was received for the contractor on December 20,
1995;
RESOLVED, That City Council approve the Housing Affordability Agreement,
subject to CHA meeting the conditions established by staff and approved by the Housing
Policy Board, in the amount of $43,000.00 of City funds ($23,000.00 General Fund
Housing Trust Fund, $20,000.00 CDBG) as a 3%, 12 year loan with payment of principal
and interest deferred for 5 years; 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.
Council - January 2, 1996 5
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R-2-1-96 APPROVED
RESOLUTION TO APPROVE HOUSING
REHABILITATION AGREEMENT WITH THOMAS KNOX
FOR 118 WEST SUMMIT STREET
Whereas, An application was received from Thomas Knox for rehabilitation
assistance for his home located at 118 West Summit Street, Ann Arbor;
Whereas, The homeowner meets the City's criteria for participation in the Housing
Rehabilitation Program; and
Whereas, Three bids were received on November 16, 1995 and Mr. Knox will be
executing an agreement with the lowest responsible bidder, who has Human Rights
approval, to complete the rehabilitation work;
RESOLVED, That City Council approve the Housing Rehabilitation Agreement with
Thomas Knox in the amount of $20,999.00 as a 0% interest, deferred payment loan, which
requires no payment until a change in ownership, and authorize the Mayor and City Clerk
to execute the necessary documents substantially in the form on file in the office of the City
Clerk.
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R-3-1-96 APPROVED
RESOLUTION TO APPROVE HOUSING
REHABILITATION AGREEMENT WITH SILVIO AND
RITA DE COLA FOR 3250 ROSEDALE STREET
Whereas, An application was received from Silvio and Rita DeCola for rehabilitation
assistance for their home located at 3250 Rosedale Street, Ann Arbor;
Whereas, The homeowner meets the City's criteria for participation in the Housing
Rehabilitation Program; and
Whereas, The total proposed work is estimated to cost $11,135.00 and Mr. and
Mrs. DeCola will be executing an agreement with the lowest responsible bidder, who has
Human Rights approval, to complete the rehabilitation work;
6 Council - January 2, 1996
RESOLVED, That City Council approve the Housing Rehabilitation Agreement with
Silvio and Rita DeCola in the amount of $11,135.00 as a 0% interest, deferred payment
loan, which requires no payment until a change in ownership, and authorize the Mayor and
City Clerk to execute the necessary documents substantially in the form on file in the office
of the City Clerk.
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R-4-1-96 APPROVED
RESOLUTION TO APPROVE AMENDMENT TO
HOUSING REHABILITATION AGREEMENT WITH
JOHNIE MAE BAYLIS FOR 611 SPRING STREET
Whereas, On October 2, 1995, City Council approved the Housing Rehabilitation
Agreement with Johnie Mae Baylis in the amount of $20,005.00 for rehabilitation
assistance to her home at 611 Spring Street; and
Whereas, Because of the complexity and scope of the project, $4,900.00 of
additional funds are needed to completed the proposed work;
RESOLVED, That the City Council approve an amendment to the Housing
Rehabilitation Agreement with Johnie Mae Baylis in order to increase the loan amount by
$4,900.00; and
RESOLVED, That the Mayor and City Clerk be authorized to execute the
documents necessary to implement this amendment substantially in the form on file in the
office of the City Clerk.
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R-5-1-96 APPROVED
RESOLUTION TO AWARD CONTRACT FOR LONGSHORE
PARK IMPROVEMENTS - BID NO. 2833
Whereas, Longshore Park is designated in the 1989 Park Rehabilitation Millage for
renovation;
Whereas, Competitive bids were received by the Purchasing Division on December
18, 1995, with L & W Lawn Maintenance being the lowest responsible bidder at
Council - January 2, 1996 7
$32,207.00;
Whereas, L & W Lawn Maintenance has received human rights approval from the
Department of Human Resources as of December 19, 1995; and
Whereas, Funding for the project is available within the approved budget under the
1989 Park Rehabilitation and Development Millage for Longshore Park Improvements and
the 1993 Maintenance and Repair Millage;
RESOLVED, That the Mayor and Council approve a contract, per Bid No. 2833, in
the amount of $32,207.00, with L & W Lawn Maintenance for construction of the
Longshore Park Improvements, and that the Mayor and City Clerk be authorized to sign
the agreement substantially in the form on file with the City Clerk; and
RESOLVED, That the Mayor and City Council approve a construction contingency
in the amount of $3,227.00 (10%) to cover potential contract change orders, to be
approved by the City Administrator, and approve a total project budget of $35,497.00 for
the life of the project.
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R-6-1-96 APPROVED
RESOLUTION NO. 1 - PREPARE PLANS AND
SPECIFICATIONS FOR SOUTH MAIN STREET SANITARY
SEWER SPECIAL ASSESSMENT PROJECT
Whereas, Council deems it necessary to acquire and construct the following
improvement:
South Main Street Sanitary Sewer; District No. 472; File No. 95084;
described as:
South Main Street - Sanitary sewer between Eisenhower Parkway and Ann
Arbor-Saline Road;
RESOLVED, That:
1. The City Administrator be directed to have prepared plans and specifications
for said improvement project and an estimate of the cost thereof;
2. The City Administrator be directed to file a report of same with the City Clerk,
including a recommendation as to what proportion of the cost should be paid
8 Council - January 2, 1996
by special assessment and what part, if any, should be a general obligation
of the City, the number of installments in which the assessments may be
paid, and the land which should be included in the special assessment
district;
3. The City Clerk present said report to the Council and make it available for
public examination;
4. The sum of $25,000.00 be appropriated for the planning and design of said
project, such sum being advanced from the Sanitary Sewer Revenue Bond
fund pending the sale of appropriate bonds;
5. Any unspent portion of said sum be re-appropriated and re-advanced as
above for said project for succeeding fiscal years until bonds are sold and the
Sanitary Sewer Revenue Bond fund reimbursed, or until said project is
officially closed; and
6. Council declare its intent to issue bonds to pay all or part of the cost of such
improvement project, funding reserves, paying for credit enhancement, and
the cost of issuance of such bonds (either initially or ultimately), provided that
such bonds are issued in conformity with applicable State statutes and all
documents, provisions, and details pertaining to such bonds are acceptable
to and approved by this Council and provided, further, that such bonds can
be sold.
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R-7-1-96 APPROVED
RESOLUTION APPROVING AGREEMENT WITH
MICHIGAN MUNICIPAL LEAGUE'S DRUG AND
ALCOHOL TESTING CONSORTIUM
Whereas, The United States Department of Transportation published in February
1994 supplemental rules to the Omnibus Transportation Employee Testing Act of 1991
which mandate the training and testing of safety-sensitive employees for drug use and
alcohol misuse;
Whereas, The City of Ann Arbor has determined that it could have 135 employees
who would be covered by this federal mandate;
Whereas, City Council voted on December 5, 1994, that the City of Ann Arbor join
Council - January 2, 1996 9
the Michigan Municipal League's (MML) Drug and Alcohol Testing Consortium to handle
the drug and alcohol testing of Commercial Driver's License (CDL) or safety-sensitive
employees;
Whereas, The MML Consortium has a complete program that has met the City's
needs for testing and training during the last year;
Whereas, The City must renew its agreement with the MML consortium and the
Consortium has lowered its price from $120.00/employee to $99.00/employee for MML
members during Year Two of the agreement; and
Whereas, The Michigan Municipal League received Human Rights approval on
November 6, 1995;
RESOLVED, That the Mayor and Clerk be authorized to execute the terms of the
Year Two Participation Agreement on behalf of the City of Ann Arbor for calendar year
1996;
RESOLVED, That the costs of the membership of the City in this Consortium,
$99.00 per affected employee, be funded out of the department budget of each affected
employee.
Councilmember Hartwell entered at 5:55 p.m.
The question being the foregoing Consent Agenda items as presented, on a voice vote the
Mayor declared the motion carried.
ORDINANCES - SECOND READING
(NOTE: See Ordinances - Second Reading at end of meeting)
10 Council - January 2, 1996
ORDINANCES - FIRST READING
1-96 APPROVED
RESIDENCE INN REZONING
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 0.995 acre, located at 800 Victors Way, from O
(Office District) to R5 (Hotel-Motel District).
Councilmember Hartwell moved that the ordinance be approved at first reading.
On a voice vote the Mayor declared the motion carried.
Councilmember Vereen-Dixon entered at 6:00 p.m.
MOTIONS AND RESOLUTIONS
R-8-1-96 APPROVED
RESOLUTION TO APPROVE WOODCREEK SITE CONDOMINIUM
SITE PLAN AND SITE DEVELOPMENT AGREEMENT
A communication was received from the City Planning Commission transmitting its
recommendation of denial (5 yeas, 2 nays) of the proposed Woodcreek Site Condominium
Site Plan and Site Development Agreement, 47.8 acres, east side of Chalmers Drive, north
of Arborland Mall (Postponed December 4 and December 18, 1995; Site Plan revised
January 2, 1996).
Whereas, Riverhill Associates has requested site plan approval in order to construct
87 single-family homes in a site condominium development; and
Whereas, The Ann Arbor City Planning Commission, at its meeting of November 14,
1995, reviewed said request;
RESOLVED, That City Council approve the Woodcreek Site Condominium Site
Development Agreement substantially in the form of that on file in the City Clerk's Office,
dated January 2, 1996; and
Council - January 2, 1996 11
RESOLVED, That the Woodcreek Site Condominium Site Plan be approved upon
the conditions that: 1) The site development agreement be signed by all necessary parties;
2) The site plan be revised to relocate the water main in Brian Court to be on the west side,
consistent with the City's adopted engineering specifications, to show the storm water
detention calculations, and to delete the words "Future Clark Road by Others" from the
open space along the southern property line; and 3) Construction drawings show the storm
sewer lead at Lot 22 to be connected to the cross lot storm sewer.
Councilmember Carlberg moved that the resolution be adopted.
On a voice vote the Mayor declared the motion carried.
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R-9-1-96 APPROVED
RESOLUTION TO APPROVE TRAVERWOOD OFFICE
ONE SITE PLAN AND WETLAND USE PERMIT
A communication was received from the City Planning Commission transmitting its
recommendation of denial (5 yeas, 3 nays) of the proposed Traverwood Office One Site
Plan and Wetland Use Permit, 3.72 acres, northwest corner of Plymouth Road and
Traverwood Drive. (Postponed December 18, 1995)
Whereas, First Martin Corporation has requested site plan approval in order to
construct a 3,680-square foot bank and a 16,940-square foot office building;
Whereas, A wetland use permit also has been requested to fill a 0.17-acre wetland
in the middle of the site and to partially fill and use a second 0.12-acre wetland off-site for
temporary storm water detention; and
Whereas, The Ann Arbor City Planning Commission, on December 5, 1995,
reviewed said site plan and wetland use permit;
RESOLVED, By the Mayor and City Council that the Traverwood Office One Site
Plan and Wetland Use Permit be hereby approved, subject to approval of an administrative
lot division prior to issuance of building permits.
Councilmember Hartwell moved that the resolution be adopted.
12 Council - January 2, 1996
With unanimous consent of Council, Paul Raeder of Beckett and Raeder, Inc., representing
the petitioner, answered questions concerning the proposed project.
The question being the resolution as presented, on roll call the vote was as follows:
Yeas, Councilmembers Hartwell, Putman, Kolb, Vereen-Dixon, Lumm, Kwan, Carlberg,
Herrell, Mayor Sheldon, 9;
Nays, Councilmember Hanna-Davies, 1.
The Mayor declared the motion carried.
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R-10-1-96 APPROVED
RESOLUTION TO APPROVE ATRIUM I
OFFICE BUILDING REVISED SITE PLAN
A communication was received from the City Planning Commission transmitting is
recommendation of technical denial (5 yeas, 0 nays) of the proposed Atrium I Office
Building Revised Site Plan, 5.02 acres, 900 Victors Way.
Whereas, The Thomas B. McMullen Company has requested revised site plan
approval in order to remove a 0.995-acre portion of this property and landscape the
property and reconfigure the parking area; and
Whereas, The Ann Arbor City Planning Commission, at its meeting of December 19,
1995, reviewed said request;
RESOLVED, By the Mayor and City Council that the Atrium I Office Building
Revised Site Plan be hereby approved, subject to approval of an administrative lot division
and obtaining necessary easements.
Councilmember Lumm moved that the resolution be adopted.
On a voice vote the Mayor declared the motion carried.
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Council - January 2, 1996 13
R-11-1-96 APPROVED
RESOLUTION TO APPROVE MALLET CREEK
OFFICE CENTER REVISED SITE PLAN
A communication was received from the City Planning Commission transmitting is
recommendation of technical denial (5 yeas, 0 nays) of the proposed Mallet Creek Office
Center Revised Site Plan, 0.50 acre, 2395 Huron Parkway.
Whereas, PPJ Facilities Partnership has requested revised site plan approval in
order to remove additions at the rear of the existing office building and replace them with a
two-story, 2,616-square foot addition; and
Whereas, The Ann Arbor City Planning Commission, at its meeting of December 19,
1995, reviewed said request;
RESOLVED, By the Mayor and City Council that the Mallet Creek Office Center
Revised Site Plan be hereby approved, subject to 1) approval of a revised County drain
easement, 2) granting of necessary permits by the Washtenaw County Drain
Commissioner's Office, and 3) approval by the Parks and Recreation Department of a tree
planting plan for Scheffler Park; and
RESOLVED, By the Mayor and City Council that modification from the conflicting
land use buffer requirement of Chapter 62 (Landscape and Screening Ordinance), Section
5:603, as shown on the site plan, be hereby approved.
Councilmember Carlberg moved that the resolution be adopted.
On a voice vote the Mayor declared the motion carried.
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POSTPONED
RESOLUTION TO APPROVE NEWPORT HILLS PHASES II
AND III REVISED SITE CONDOMINIUM SITE PLAN
A communication was received from the City Planning Commission transmitting is
recommendation of technical denial (5 yeas, 0 nays) of the proposed Newport Hills
(Phases II and III) Revised Site Condominium Site Plan, 38.60 acres, west side of Newport
Road between Warrington Drive and Lowell Road.
14 Council - January 2, 1996
Whereas, REM Vero, Inc. has requested revised site condominium site plan
approval in order to revise building envelopes, reduce a portion of the conservation buffer,
and provide a tree replacement plan;
Whereas, A site development agreement has been prepared to address proposed
revisions; and
Whereas, The Ann Arbor City Planning Commission, at its meeting of December 19,
1995, reviewed said request;
RESOLVED, That the Mayor and City Council hereby approve the Newport Hills
(Phases II and III) Revised Site Condominium Site Plan and Site Development Agreement,
substantially in the form of the site development agreement on file in the City Clerk's Office.
Councilmember Lumm moved that the resolution be adopted.
Councilmember Vereen-Dixon moved that the resolution be postponed to the January 16,
1995 regular session of Council to address problems with the proposed site development
agreement, and to obtain information on the rationale for a pedestrian bridge suggested by
the Building Department.
On a voice vote the Mayor declared the motion carried.
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R-12-1-96 APPROVED
RESOLUTION TO ADOPT THE AMENDED AND RESTATED
EMPLOYEES' DEFERRED COMPENSATION PLAN
Whereas, The Employees' Deferred Compensation Plan document, as it now reads,
does not reflect all pertinent aspects of the current tax law;
Whereas, The Employees' Deferred Compensation Plan document has been
revised at the request of the Deferred Compensation Administrative Board to address
these deficiencies;
Whereas, The existing Employees' Deferred Compensation Plan document limits
participants to only two changes per year in the amount of deferrals;
Council - January 2, 1996 15
Whereas, The existing Employees' Deferred Compensation Plan document does
not adequately explain the requirements and flexibility in regard to withdrawals from the
plan;
Whereas, The Deferred Compensation Administrative Board notified participants of
the amended and restated Employees' Deferred Compensation Plan; and
Whereas, The existing Employees' Deferred Compensation Plan document does
not reflect the duties and responsibilities of those involved in the administration of the plan;
RESOLVED, That the amended and restated Employees' Deferred Compensation
Plan (on file in the City Clerk's Office) be hereby adopted; and
RESOLVED, That the amended and restated Employees' Deferred Compensation
Plan become effective January 1, 1996.
Councilmember Hartwell moved that the resolution be adopted. (The resolution was
postponed December 18, 1995)
Councilmember Kolb moved that the proposed amended and restated Employees'
Deferred Compensation Plan be amended as follows:
Add the following sentence at end of Section 4.03:
4.03 Investment of Accounts. ...THE PLAN ADMINISTRATOR
WILL NOTIFY THE PARTICIPANT OF ANY DEFICIENCY WITHIN A
REASONABLE PERIOD OF TIME.
Amend Section 6.05 as follows:
6.05. Board. The Board shall be responsible for approving
applications for participation in the Plan and any amendments to such
applications, and also shall be responsible for quarterly reviews of
investment options that are available under the Plan, for providing
information on distribution elections and receiving completed election forms,
and for ruling on all hardship distribution requests. The Board shall consist of
<at least three and not more than five> SIX members, including the City
Administrator, the Director of Finance, and <such other person or persons
who are appointed by the City Administrator.> ONE EMPLOYEE
REPRESENTATIVE, WHO AT THE ADMINISTRATOR'S OPTION, WILL
EITHER BE APPOINTED BY THE ADMINISTRATOR, OR ELECTED AT
LARGE, TWO EMPLOYEE REPRESENTATIVES ELECTED AT LARGE,
16 Council - January 2, 1996
AND ONE RETIRED EMPLOYEE APPOINTED BY THE CITY
ADMINISTRATOR A NON-VOTING MEMBER. ALL APPOINTED OR
ELECTED REPRESENTATIVES MUST BE PLAN PARTICIPANTS. The
City Administrator and Director of Finance shall be permanent members of
the Board, while the others shall serve two-year terms each, which my be
extended by the City Administrator. The Board shall meet at least quarterly
and shall keep written minutes of all regular and special meetings. A majority
of members shall constitute a quorum. A member participating in a meeting
by conference telephone shall be deemed present at such meeting. Action
shall be taken by majority vote of those present. The Board may take action
without a meeting by resolution signed by a majority of members.
On a voice vote the Mayor declared the motion carried.
The question being the resolution with the amended plan document, on a voice vote the
Mayor declared the motion carried.
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R-13-1-96 APPROVED
RESOLUTION TO ACCEPT A PORTION OF EAST MEDICAL
CENTER DRIVE INTO THE CITY STREET NETWORK
Whereas, It is necessary to furnish certain information to the State of Michigan to
place this street within the City/Village Major Street system for the purpose of obtaining
funds under Act 51, P.A. 1951 as amended;
Whereas, This portion of East Medical Center Drive is a four-lane entry corridor to
the University of Michigan Hospital complex;
Whereas, This portion of East Medical Center Drive meets all the criteria for a major
street;
Whereas, This is an existing City street in an existing City right-of-way;
Whereas, This portion of East Medical Center Drive was formerly known as Nichols
Drive;
Council - January 2, 1996 17
Whereas, On December 2, 1985, Council authorized the name change from Nichols
Drive to East Medical Center Drive per Council Resolution R-550-1-85;
Whereas, The City desires to correct its previous omission which was discovered
during a staff review of our street network; and
Whereas, The City desires to provide the State with as much informational
assistance as possible;
RESOLVED, That the center line of this portion of East Medical Center Drive
(formerly Nichols) be described as:
Beginning at the center line of Fuller Road and extending Southeasterly 380'
to the center line of West Medical Center Drive.
RESOLVED, That said street be located within a City right-of-way and be under the
control of the City of Ann Arbor;
RESOLVED, That said street be a public street and be for public street purposes;
RESOLVED, That said street be accepted into the City Major Street System; and
RESOLVED, That the City Administrator be authorized to take necessary
administrative actions to implement this resolution.
Councilmember Kolb moved that the resolution be adopted.
On a voice vote the Mayor declared the motion carried.
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R-14-1-96 APPROVED
RESOLUTION TO AWARD SERVICES CONTRACT TO
ADMINISTRATIVE CONTROLS MANAGEMENT, INC. FOR
CONSTRUCTION MANAGEMENT AUDIT - RFP NO. 382
Whereas, The City entered into a consent agreement with the Michigan Department
of Public Health (MDPH) to award a construction contract for improvements at the Water
Treatment Plant to achieve full compliance with the Surface Water Treatment Rules
requirements for disinfection by no later than June 30, 1996;
18 Council - January 2, 1996
Whereas, On April 18, 1994, Design & Build, Inc., the general contractor, was
awarded the $13,350,000 construction contract to construct the ozonation facilities and
related Water Plant Improvements;
Whereas, Serious concerns have been raised about the construction management
of the Water Treatment Plant Improvements Project;
Whereas, Three proposals were solicited from construction management
consultants to perform an independent assessment of the construction management,
financial controls, project status and the ability to complete the project on-time;
Whereas, Administrative Controls Management, Inc. of Ann Arbor was selected as
the most qualified and cost-effective provider of these services;
Whereas, ACMI submitted a proposal to provide these services for $48,900.00;
Whereas, ACMI received Human Rights approval on December 21, 1995 to provide
these services; and
Whereas, Funds are available in the budgeted contingency for this construction
project to finance the cost of these services;
RESOLVED, That Council accept the proposal of and award a services contract to
ACMI to perform these services; and
RESOLVED, That the Mayor and City Clerk be directed to sign the services contract
for ACMI to perform these services for a cost not-to-exceed $48,900.00, and that said
contract be substantially in a form on file with the City Clerk.
Councilmember Lumm moved that the resolution be adopted.
On a voice vote the Mayor declared the motion carried.
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R-15-1-96 APPROVED
RESOLUTION TO APPROVE PURCHASE ORDER
AND PROFESSIONAL SERVICES AGREEMENT FOR
ARCHITECTURAL DESIGN SERVICES FOR COMMUNITY
TELEVISION NETWORK RELOCATION - RFP NO. 380
Whereas, The City of Ann Arbor City Council previously approved a lease
Council - January 2, 1996 19
agreement with the Detroit Edison Company for the relocation of Community Television
Network (CTN);
Whereas, The projected relocation financing has been arranged from within the
existing Cable Fund (016);
Whereas, City staff issued a Request for Proposals (RFP No. 380) for "Architectural
Design Services" and received 5 complete and qualified responses;
Whereas, A review committee evaluated the various proposals under the
supervision of the City's Purchasing Agent and is recommending the firm of Hobbs + Black
Associates Inc. for the CTN Architectural Design Project; and
Whereas, The firm of Hobbs + Black Associates Inc. completed the required Human
Rights forms and has received approval for contracted work from the Human Rights
Division of the City's Human Resources Department;
RESOLVED, That the City of Ann Arbor enter into a professional services
agreement with the firm of Hobbs + Black Inc. to provide architectural design services as
referenced within the professional services agreement, and execute a purchase order for
these services in the amount of $24,000.00, representing a "Not To Exceed" basic fee of
$23,595.58, plus reimbursable expenses.
Councilmember Carlberg moved that the resolution be adopted.
On a voice vote the Mayor declared the motion carried.
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DEFEATED
RESOLUTION REGARDING PROCESS FOR BIDDING
RECYCLING AND SOLID WASTE COLLECTION SERVICES
Whereas, The existing contracts for collection of recyclables and solid waste expire
(TBD);
Whereas, City Council has endorsed a policy of competitive bidding by both the
public and private sector for solid waste related services, and these contracts represent the
initial applications of that policy;
20 Council - January 2, 1996
Whereas, The objectives of that policy, and Council's continuing commitment is to
ensure that bidding processes are fair are not restrictive, and result in the highest quality
and most cost-effective service delivery;
Whereas, To achieve those objectives, other cities have successfully adopted
innovative approaches to solid waste and recycling such as managed competition,
districting and/or co-collection, and Council believes it is appropriate to evaluate the merits
of alternative approaches in Ann Arbor;
Whereas, To best facilitate the review of alternatives and to ensure a level playing
field, it is necessary to utilize a consultant and a citizen advisory committee to oversee both
the development and implementation of the process (including process and RFP design,
bid evaluation, and selection);
Whereas, Council further believes that the City should not encourage or discourage
any approach, but should maintain flexibility, and that flexibility is maximized if the recycling
and solid waste collection contracts are bid separately but simultaneously (allowing a
bidder to understand the parameters of both contracts and bid on either or both);
RESOLVED, That City Council endorse the roles of a consultant and a citizen
advisory committee as outlined in the Assistant City Administrator's memo of December 6,
1995 to the Solid Waste Commission, including their joint participation in development of
the process, preparation of the RFP, evaluation of proposals, and submission of a
preliminary recommendation;
RESOLVED, That City Council encourage staff, the consultant, and the citizen
committee to consider innovative approaches to these collection services, including several
contained in the five-year strategic plan (rerouting, co-collection, length of contract, etc.) as
well as managed competition and districting;
RESOLVED, That Council encourage City staff to include on the committee both
Solid Waste Commission members (that do not have a direct or indirect interest) and other
citizens with relevant business or technical expertise; and
RESOLVED, That Council direct the City staff to time the RFP's such that a bidder
would understand the parameters of both contracts prior to submitting a bid on either.
Councilmember Lumm moved that the resolution be adopted.
On roll call the vote was as follows:
Yeas, Councilmembers Putman, Lumm, Kwan, Mayor Sheldon, 4;
Council - January 2, 1996 21
Nays, Councilmembers Hartwell, Kolb, Hanna-Davies, Vereen-Dixon, Carlberg, Herrell, 6.
The Mayor declared the motion defeated.
REPORTS FROM COUNCIL COMMITTEES
None.
COUNCIL PROPOSED BUSINESS
None.
COMMUNICATIONS FROM THE MAYOR
APPOINTMENTS APPROVED
Mayor Sheldon recommended the following appointments at the December 18, 1995
regular session of Council:
BICYCLE COORDINATING COMMITTEE
Kenneth Clark (to complete the unexpired term of Teague Whalen who
moved)
497 Larkspur St.
Term: 1/2/96 to 6/4/98
Thaddeus A. Weakley (to complete the unexpired term of Steve Bulthuis
who moved)
1439 Glastonbury Rd.
Term: 1/2/96 to 4/2/98
BOARD OF EXAMINERS OF ELECTRICIANS AND ELECTRICAL
CONTRACTORS
Tom Kittel (reappointment - to fulfill membership requirements)
365 Hazelwood Ave.
Term: 1/2/96 to 1/1/2000
HISTORIC DISTRICT COMMISSION
22 Council - January 2, 1996
Lawrence Kestenbaum (reappointment)
108 Kenwood Ave.
Term: 1/2/96 to 1/1/99
BUILDING BOARD OF APPEALS
Richard Fry, the present Architect on the Board, has requested reassignment
to an "alternate" status due to frequent schedule conflicts. John Barrie, the
alternate Architect, has agreed to become the "active" member for the
remainder of his term.
FINANCE ADVISORY COMMITTEE
Peter Fink (to complete the unexpired term of George Schwartz who
resigned)
1629 Sheridan Dr.
Term: 1/2/96 to 5/31/96
INDIVIDUAL HISTORIC PROPERTIES HISTORIC DISTRICT STUDY
COMMITTEE
Jan S. Enns (to fulfill membership requirements as an HDC representative
and complete the unexpired term of John Barrie who resigned)
1815 Ferdon Rd.
Term: 1/2/96 to 5/1/96
BOARD OF REVIEW
Doris S. Preston (reappointment)
593 Landings Blvd.
Term: 2/1/96 to 1/31/99
SECOND BOARD OF REVIEW
Raul Perdomo (reappointment)
720 Brooks St.
Term: 2/1/96 to 1/31/99
Robert White (reappointment)
1849 Saxon St.
Term: 2/1/96 to 1/31/99
DOWNTOWN DEVELOPMENT AUTHORITY
Council - January 2, 1996 23
Maria Harshe (to complete unexpired term of Ruth Schekter who resigned)
1110 White St.
Term: 1/2/96 to 7/31/96
BOARD OF CANVASSERS
Kathryn Renken (Republican, replacing Carolyn Farmer on term expiration)
2154 S. Seventh St.
Term: 1/2/96 to 12/31/99
Councilmember Putman moved that Council concur with the recommendations of the
Mayor.
On a voice vote the Mayor declared the motion carried.
COMMUNICATIONS FROM THE CITY ADMINISTRATOR
REPORTS SUBMITTED
City Administrator Neal G. Berlin submitted the following reports for information of Council:
1. Environmental Bond Statement of Revenues, Expenditures and Changes in Fund
Balance through November 30, 1995
2. Monthly Status Report: Courthouse Square Apartments (formerly Ann Arbor Inn)
3. Distinguished Budget Presentation Award
(Reports on file in the City Clerk's Office)
COMMUNICATIONS FROM THE CITY ATTORNEY
None.
COMMUNICATIONS FROM COUNCIL
COUNCILMEMBER VEREEN-DIXON
24 Council - January 2, 1996
Councilmember Vereen-Dixon congratulated Councilmember Putman for receiving an
award from the Michigan Association of Children's Alliances for his volunteer work.
Ms. Vereen-Dixon expressed concern with a letter she received from a firefighter regarding
the City's sexual harassment policy.
City Administrator Berlin responded that the Fire Chief and Human Resources Director are
in the process of preparing a response which will be distributed to Council.
CLERK'S REPORT OF COMMUNICATIONS, PETITIONS AND REFERRALS
The following communications were referred as indicated:
1. Communication from State Representative Mary Schroer in response to Council
resolution regarding federal transportation funding (Resolution No. R-527-11-95,
adopted 11/9/95) - File
2. Communication from State Representative Lynn N. Rivers in response to Council
resolution regarding the Community Reinvestment Act (Resolution No. R-561-11-
95, adopted 11/20/95) - File.
3. Communication from State Representative Lynn N. Rivers in response to Council
resolution regarding the Low Income Housing Tax Credit (Resolution No. R-564-
11-95, adopted 11/20/95) - File.
4. Communication from Leonard McCoy, 1860 Northbrook Dr., protesting proposed
Cranbrook Commercial Development Rezoning (Ordinance No. 56-95) - Planning.
5. Communication from Sheilnin Pisani and Denis White, 290 Rolling Meadows,
protesting proposed Cranbrook Development Rezoning (Ordinance No. 56-95) -
Planning.
The following minutes were received for file:
1. Planning Commission - November 14 and 21, 1995
2. Historic District Commission - October 29 and November 9, 1995
3. Housing Policy Board - December 20, 1995
Councilmember Lumm moved that the Clerk's Report be accepted.
Council - January 2, 1996 25
On a voice vote the Mayor declared the motion carried.
PUBLIC COMMENTARY - GENERAL
STEVEN DARTY - ANN ARBOR INN
Steven Darty stated that he owns the deed to the parcel of land occupied by the former
Ann Arbor Inn, now the Courthouse Square Apartments, and expressed concern that he
was not informed of the current construction project. Mr. Darty further stated that he has
totally different plans for this parcel of land.
PUBLIC HEARINGS (CONT.)
ELIMINATE SIZE LIMITATIONS ON FUNCTIONAL FAMILIES (ORDINANCE NO. 55-95)
A public hearing was conducted on the proposed amendment to Chapter 55, Section 5:7
(Residential Occupancy) - Eliminate Size Limitations on Functional Families. Notice of
public hearing was published December 17, 1995.
There being no one to speak, the Mayor declared the hearing closed.
CRANBROOK COMMERCIAL DEVELOPMENT REZONING (ORDINANCE NO. 56-95)
A public hearing was conducted on the proposed amendment to Chapter 55, rezoning of
0.69 acre, located north of Eisenhower Parkway, east of ann Arbor-Saline Road, from O
(Office District) to P (Parking District). Notice of public hearing was published December
17, 1995.
The following persons appeared:
Paul Raeder of Beckett and Raeder, Inc., representing the petitioner, stated
that the proposed rezoning for additional parking would create one shared
parking area between the Mervyn's Department Store and the proposed
office building. Mr. Raeder further stated that the parking, which has always
been part of the area plan, cannot be built within the office zone until there is
a plan for a building.
John Jarema, Oakbrook Condominiums resident, spoke in support of the
proposal. Mr. Jarema stated that he would prefer a parking lot to any other
26 Council - January 2, 1996
project on the site, as along as the parking does not instigate a change from
the proposed office zoning.
John Hahn, Oakbrook Condominium Association Board President, spoke in
support of the rezoning for additional parking, as long as the proposed
building remains zoned for office.
There being no one else to speak, the Mayor declared the hearing closed.
SHIPMAN CIRCLE PROPERTIES REZONING (ORDINANCE NO. 57-95)
A public hearing was conducted on the proposed amendment to Chapter 55, rezoning of
2.98 acres, located at 1-8 Shipman Circle and 2626 Geddes Road, from R1A (Single-
Family Dwelling District) to R1B (Single-Family Dwelling District). Notice of public hearing
was published December 17, 1995.
There being no one to speak, the Mayor declared the hearing closed.
ORDINANCES - SECOND READING (CONT.)
55-95 APPROVED
DELETE SIZE LIMITATIONS
ON FUNCTIONAL FAMILIES
An Ordinance to Amend Section 5:7 of Chapter 55
of Title V of the Code of the City of Ann Arbor
This ordinance would eliminate the size limitations on functional families to bring the City
Code into compliance with a recent court decision.
Councilmember Lumm moved that the ordinance be adopted at second reading.
On a voice vote the Mayor declared the motion carried.
****************************************************************
56-95 APPROVED
CRANBROOK COMMERCIAL DEVELOPMENT REZONING
Council - January 2, 1996 27
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 0.69 acre, located north of Eisenhower
Parkway, east of Ann Arbor-Saline Road, from 0 (Office District) to P (Parking District).
Councilmember Kolb moved that the ordinance be adopted at second reading.
On a voice vote the Mayor declared the motion carried.
****************************************************************
57-95 APPROVED
SHIPMAN CIRCLE PROPERTIES REZONING
An Ordinance to Amend the Zoning Map Being a Part of
Chapter 55 of Title V of the Code of the City of Ann Arbor
This ordinance would change the zoning of 2.98 acres, located at 1-8 Shipman Circle and
2626 Geddes Road, from R1A (Single-Family Dwelling District) to R1B (Single-Family
Dwelling District).
Councilmember Lumm moved that the ordinance be adopted at second reading.
On a voice vote the Mayor declared the motion carried.
ADJOURNMENT
There being no further business to come before Council, the Mayor declared the meeting
adjourned at 7:45 p.m.
W. Northcross
Clerk of the Council
Janet L. Chapin
Recording Secretary