Title
REGULAR SESSION - DECEMBER 3, 1990
Body
Council - December 3, 1990
747
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 pro tem Jerry S. Schleicher.
Council stood for one moment of silence.
Mayor Jernigan led Council in the recitation of the Pledge of Allegiance.
ROLL CALL OF COUNCIL
PRESENT : Councilmembers Larry Hunter, Ann Marie Coleman, M. Terry Martin,
Ingrid B. Sheldon, Elizabeth S. Brater, Nelson K. Meade, Jerry S.
Schleicher, Mark Ouimet, Thais Anne Peterson, Joe Borda, 10.
ABSENT : Mayor Gerald D. Jernigan, 1.
INTRODUCTIONS
NEW CITY FINANCE DIRECTOR
Acting City Administrator Donald Mason introduced and welcomed the new City
Finance Director A. Dean Moore.
AUDIENCE PARTICIPATION - Reserved Time
LESLIE MEAD - HOMELESSNESS
Leslie Mead, 2581 International Pl., read an article from the November 22, 1990
Chicago Tribune concerning the problem of homelessness. Ms. Mead stated that
the problems of the homeless cannot be solved by the charity of a few, but will
have to be solved through large-scale and long-term intervention at the
institutional level.
MIKE FOOTE - HOMELESSNESS
Mike Foote, 3150 Morgan Rd., suggested that the Audience Participation portion
of the Council agenda be renamed "Citizen Participation" or "Public Speaking
Time" to emphasize the role of citizens in government. Mr. Foote expressed
concern with the recent court decision that homeless squatters had no legal
right to live in an abandoned city-owned house, and stated that the decision
should have been based on common law, which reflects society's ethical beliefs
and sense of fairness.
LARRY FOX - KLINE'S PARKING STRUCTURE
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Council - December 3, 1990
Larry Fox, 530 S. State St., stated that the City is fiscally irresponsible and
wasteful in its decision to build another unneeded parking structure,
especially when the economy is headed for a recession. Mr. Fox stated that the
City should encourage mass transit, as recommended in the City's Transportation
Plan, and use the money for housing and substance abuse programs.
JOHN WOLTER - AIRPORT NOISE STUDY
John Wolter, 1541 Jones Dr., Chair of the Airport Advisory Committee, spoke in
favor of the proposed Noise Exposure Map Document of the Ann Arbor Airport
Noise Compatibility Study, which has as its goals: aircraft noise reduction in
neighborhoods, increased safety, compatible land use and risk reduction. Mr.
Wolter stated that the study provides details of the environmental impact on
residential areas near the airport to assist in making high quality decisions
to protect the City and its taxpayers from liability problems.
LIZ COPELAND - AIRPORT NOISE STUDY
Liz Copeland, 3971 Waldenwood, urged Council's careful consideration of the
airport noise compatibility study and the South Area Plan which provide the
City with the needed information to allow for better planning to meet the needs
and concerns of area residents.
GEORGE HUNT - AIRPORT NOISE STUDY
George Hunt, 10 Manitou Ct., stated that, as a resident living directly under
the airport flight path, he endorses the aims of the airport noise
compatibility study as well as the South Area Plan which address airport noise
and safety issues to reduce liability to the City and assure the safest
operation possible.
GEORGE BROOKOVER - DOOLEY'S LIQUOR LICENSE
George Brookover of Foster, Swift, Collins and Smith, representing Dooley's,
spoke in opposition to the resolution to set a hearing date on the revocation
of Dooley's liquor license. Mr. Brookover stated that the process is
unnecessary since Dooley's is currently closed and the owner is attempting to
sell the business.
PUBLIC HEARINGS
SOUTH AREA PLAN
A public hearing was conducted on the proposed South Area Plan, a proposed new
element of the City Master Plan to replace the Pittsfield Valley South Area
Plan. Notice of public hearing was published November 25, 1990.
There being no one to speak the Chair declared the hearing closed.
Council - December 3, 1990
749
TRAVER VILLAGE LAND DIVISION
A public hearing was conducted on the proposed Traver Village land division,
16.98 acres, northwest corner of Plymouth and Nixon Roads. Notice of public
hearing was published November 25, 1990.
There being no one to speak the Chair declared the hearing closed.
CITY ANTI-SUBSTANCE ABUSE POLICY STATEMENT
A public hearing was conducted on the proposed City of Ann Arbor Anti-Substance
Abuse Policy Statement. Notice of public hearing was published November 25,
1990.
The following persons appeared:
Charles Gierke, Director of the Chemical Dependency Program of the
Catherine McAuley Health Systems, spoke in favor of the proposed
policy statement, and reported on the costly effects of substance
abuse in the workplace. Mr. Gierke stated that drug abuse
programs are currently unable to meet current demands, and that a
prompt and concerted effort is required of both the public and
private sector.
Janet Allen, clinical social worker at the University of Michigan
Children's Hospital, spoke in favor of the proposed policy
statement. Ms. Allen reported on the effects of drugs and alcohol
on babies born to addicted mothers, and stated that the expense
involved for treating these babies would be better spent on
prevention of substance abuse.
Toby Citrin, Director of Community and Government Relations for the
University of Michigan School of Public Health, spoke in support of
the proposed policy statement. Mr. Citrin requested that the City
play a key role in the establishment of the county-wide coalition
on substance abuse, being formed under the Community Partnership
Grant, and emphasized the importance of cooperation among Washtenaw
County communities and organizations in the formation and operation
of this new community partnership.
Charles Perry, 1309 Huron River Dr., spoke in support of the
proposed policy statement which will help make Ann Arbor a model
City. Mr. Perry commended the City for taking a leadership role
and urged Council to continue to move forward on this issue.
Larry Fox, 530 S. State St., spoke in favor of the policy statement
as a step in making treatment more available for poor people
afflicted with substance abuse problems.
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Council - December 3, 1990
There being no one else to speak, the Chair declared the hearing closed.
Councilmember Martin requested that the public hearing be reopened later in the
meeting to hear one additional speaker.
APPROVAL OF AGENDA
AGENDA APPROVED WITH CHANGES
Councilmember Ouimet moved that the agenda be approved with the following
changes:
CONSENT AGENDA
Add: Resolution to Approve Agreement for Michigan Recreation Bond Grant
for Bandemer River Park Development ($380,000.00)
MOTIONS AND RESOLUTIONS
Delete: Resolution to Request Proportional WALTEC Service from Washtenaw
County for the City of Ann Arbor (Mayor Jernigan) (Tabled
November 5, 1990)
Revise: Resolution Approving City Anti-Substance Abuse Policy Statement
(Tabled November 5, 1990)
Delete: Resolution Regarding Amendment to Downtown Development Authority
Plan (Councilmembers Brater and Hunter)
Revise: Resolution to Approve Deferred Payment Loan to DEMONSTRATION
SERVICES AGREEMENT WITH Shirley Harding for Construction of
Affordable Home ($2,000.00) (Councilmembers Coleman and Sheldon)
Delete: Resolution to Approve Purchase of Five Side Load Refuse Trucks -
Bid No. 2040 ($470,395.00)
COMMUNICATIONS FROM THE CITY ADMINISTRATOR
Add: Solid Waste Department Progress Report
Add: Ashley/William Properties Status Report
Add: Snow Storm on December 3, 1990
Council - December 3, 1990
751
CLERK'S REPORT
Add: Communication from Vivian L. Bradbury, 3128 Oakwood, regarding
Proposed Ann Arbor City Transportation Plan Update -Planning
On a voice vote the Chair declared the motion carried.
APPROVAL OF COUNCIL MINUTES
MINUTES OF NOVEMBER 19 APPROVED
Councilmember Sheldon moved that the regular session minutes of November 19,
1990 be approved as presented.
On a voice vote the Chair declared the motion carried.
CONSENT AGENDA
CONSENT AGENDA ITEMS APPROVED
Councilmember Coleman moved that the following Consent Agenda items be approved
as presented:
R-639-12-90 APPROVED
RESOLUTION ACCEPTING PLACEMENT OF RECYCLING
CONTAINER AT PLYMOUTHVIEW SHOPPING CENTER
Whereas, By resolution passed in February, 1989 Council directed the
Administrator to begin implementation of the Solid Waste Plan by purchasing and
locating recycling drop-off containers;
Whereas, the City has placed three such containers within the City in
addition to the recycling container located at the Ann Arbor Landfill;
Whereas, The recycling containers have been successful in diverting
materials from landfill disposal;
Whereas, The north side of the City has not been adequately represented
with a recycling drop-off location;
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Council - December 3, 1990
Whereas, Plymouthview Shopping Center has agreed to site a recycling
container on its property;
Whereas, This location is easily accessible to the public and is well
lit;
Whereas, The owners of the Plymouthview Shopping Center have agreed to
the same conditions as the owners of the Pauline Plaza recycling container
location;
Whereas, This contract has been approved as to form by the City
Attorney's Office;
RESOLVED, That the City agree to site a recycling drop-off container at
the Plymouthview Shopping Center;
RESOLVED, That this agreement can be terminated by either party within
thirty days written notice by either party;
RESOLVED, That the City indemnify the owner of the property from any and
all damages resulting from the placement of this container;
RESOLVED, That the container be placed at the Plymouthview Shopping
Center as soon as possible after the contract agreement has been signed by both
parties.
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R-640-12-90 APPROVED
RESOLUTION TO ACQUIRE DRUNK DRIVING
TECHNICAL EQUIPMENT
Whereas, The use of in-car video equipment has proven useful in court for
prosecuting intoxicated drivers;
Whereas, FAX machines have been upheld as an expeditious tool in
obtaining search warrants used in investigating drunken driving offenses; and
Whereas, The Ann Arbor Police Department has been awarded a $3,000.00
grant from the Allstate Insurance Company to assist in purchasing car/video
equipment and FAX machines for efforts to fight drunk driving;
RESOLVED, That the City of Ann Arbor accept the $3,000.00 grant from the
Allstate Insurance Company, into revenue source 010-031-6999; and
RESOLVED, That the $3,000.00 be appropriated to the Police Department for
use in obtaining evidence for prosecuting drunk drivers, into expenditure
budget account No. 010-031-0160-5130.
Council - December 3, 1990
753
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R-641-12-90 APPROVED
RESOLUTION TO APPROVE BID FOR TWO
4 X 4 PICK-UP TRUCKS - BID NO. 2046
Whereas, At the request of the Municipal Garage, the Purchasing
Department solicited bids for 4 x 4 pick-up trucks;
Whereas, Bids were submitted from six vendors;
Whereas, It has been determined that Red Holman Pontiac GMC is the lowest
responsible bidder in the amount of $14,237.00 per truck; and
Whereas, The Personnel/Human Rights Department has approved Red Holman
Pontiac GMC on November 15, 1990;
RESOLVED, That the City Council approve the bid of Red Holman Pontiac GMC
in the amount of $28,474.00; and
RESOLVED, That the City Administrator be directed to issue a purchase
order in the amount of $28,474.00 to Red Holman Pontiac GMC.
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R-642-12-90 APPROVED
RESOLUTION TO AWARD CONTRACT FOR
REPAIRS TO 2072 GARDEN CIRCLE
Whereas, The Ann Arbor Housing Commission owns property at 2072 Garden
Circle which is a part of the Turnkey III Homebuyers Program;
Whereas, 2072 Garden Circle is in need of substantial repairs to meet
code and be available for reoccupancy;
Whereas, Funds for such repair will be provided by homebuyer sales, EHPA
and NRMR and the Ann Arbor Housing Commission; and
Whereas, The project was bid and Uni-Prise (Personnel/Human Rights
Department approval on November 7, 1990) was the lowest responsible bidder;
RESOLVED, That City Council approve and award the contract to repair 2072
Garden Circle to Uni-Prise for $31,626.00; and
RESOLVED, That the Mayor and Clerk be authorized to execute the contract
that is substantially in the form of that on file with the City Clerk.
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Council - December 3, 1990
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R-643-12-90 APPROVED
RESOLUTION TO AWARD CONTRACT FOR
OAKWOOD FOUNDATION DRAINAGE SYSTEM
Whereas, The three public housing rental units at Oakwood suffer basement
water problems;
Whereas, The Ann Arbor Housing Commission, through its architectural
firm, has prepared plans and specifications which resulted in the submission of
bids; and
Whereas, The Department of Housing and Urban Development, through the
Comprehensive Improvement Assistance Program, has provided funds for this
project;
RESOLVED, That the City Council approve and award the Oakwood foundation
drainage system project to Beresh and Riedel (Personnel/Human Rights Department
approval September 10, 1990) for up to $109,200.00; and
RESOLVED, That the Mayor and Clerk be authorized to execute the contract
that is substantially in the form of that on file with the City Clerk.
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R-644-12-90 APPROVED
RESOLUTION TO AWARD CONTRACT FOR REROOFING
OF WHITE/STATE/HENRY PUBLIC HOUSING SITE
Whereas, The 28 public housing sites at White/State/Henry are in need of
roof replacement;
Whereas, The Ann Arbor Housing Commission, through its architectural
firm, has prepared plans and specifications which resulted in the submission of
bids; and
Whereas, The Department of Housing and Urban Development, through the
Comprehensive Improvement Assistance Program, has provided funds for this
project;
RESOLVED, That the City Council approve and award the White/State/Henry
roofing project to Beresh and Riedel (Personnel/Human Rights Department
approval on September 10, 1990) for $34,290.00; and
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755
RESOLVED, That the Mayor and Clerk be authorized to execute the contract
that is substantially in the form of that on file with the City Clerk.
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R-645-12-90 APPROVED
RESOLUTION AUTHORIZING ANNUAL CONTRIBUTIONS
CONTRACT AMENDMENT NO. 22 FOR 1990
COMPREHENSIVE IMPROVEMENT ASSISTANCE PROGRAM
Whereas, The City of Ann Arbor, Michigan (herein called the "Local
Governing Body"), acting by and through the Ann Arbor Housing Commission
(herein called the "Local Authority"), and the United States of America (herein
called the "Government") as of the 26th day of November 1965, entered into a
certain Annual Contributions Contract to assist in the development of certain
low-rent housing, identified therein as Project No. MICH 64-1; and
Whereas, The Local Authority and the Government desire to modify the
terms of said Annual Contract;
RESOLVED, By the Local Authority as follows:
Section 1. The Local Authority shall enter into an amendatory agreement
with the Government, modifying the terms of the Annual Contributions Contract,
and the President of the Housing Commission be hereby authorized and directed
to execute such amendment in quadruplicate and the Clerk of the Local Governing
Body be authorized and directed to impress and attest the official seal of the
Governing Body on each such counterpart. The aforesaid amendatory agreement
shall be in substantially the form on file with the City Clerk.
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R-646-12-90 APPROVED
RESOLUTION TO APPROVE PURCHASE OF MICROVAX 3100
FOR POLICE DATA PROCESSING - BID NO. 2037
Whereas, The City of Ann Arbor has completed and adopted an Information
Services Strategic Plan (ISSP) to guide investment in information technology
for the next six years;
Whereas, The Information Services Steering Committee (ISSC) has
recommended approval of this microcomputer, pursuant to the identified goals
and objectives of the ISSP;
Whereas, This machine would add to the effective and efficient operation
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Council - December 3, 1990
of the Police Data Processing data input process by giving them their own
machine, eliminating interruptions in the entry of information into the police
records management system;
Whereas, Bid No. 2037 was sent to qualified vendors;
Whereas, Pioneer-Standard Electronics, Inc. at $16,533.00 was determined
to be the lowest total responsible bidder; and
Whereas, Pioneer-Standard Electronics, Inc. has received Personnel/Human
Rights Department approval on November 6, 1990, pursuant to Section 9:158 of
Chapter 112 of Title IX of the Ann Arbor City Code, to perform the contract
according to Bid No. 2037;
RESOLVED, That Council award those items from Bid No. 2037 that are to be
purchased from Pioneer-Standard Electronics, Inc. in the amount of $16,533.00
for hardware, licensing and software, plus whatever reasonable shipping charges
are later determined, once the equipment has been located and shipped.
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R-647-12-90 APPROVED
RESOLUTION TO AWARD BID FOR INSTALLATION OF
THREE POOL FILTRATION SYSTEMS - BID NO. 2044
Whereas, The 1989-94 Park Millage Fund includes funding for pool
filtration at each City pool, (in year 1989-90);
Whereas, Equipment has been purchased for installation;
Whereas, Hutzel Plumbing submitted a bid on November 21, 1990, for
installation of filtration equipment in the amount of $26,986.00 for Buhr,
$31,951.00 for Fuller, and $24,996.00 for Mack Pool which were the lowest
responsible bids;
Whereas, The Personnel/Human Rights Department approved said company on
September 9, 1990; and
Whereas, Funds have been appropriated for these projects from the 1989-94
Park Millage Fund;
RESOLVED, That the recommendation of the City Administrator be approved,
that the bid of Hutzel Plumbing in the amount of $83,933.00 be accepted, and
that a purchase order be authorized to Hutzel Plumbing for the items described
in Bid No. 2044.
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Council - December 3, 1990
757
R-648-12-90 APPROVED
RESOLUTION TO APPROVE AGREEMENT FOR
MICHIGAN RECREATION BOND GRANT FOR
BANDEMER RIVER PARK DEVELOPMENT
RESOLVED, That the City of Ann Arbor, Michigan does hereby accept the
terms of the agreement as received from the Michigan Department of Natural
Resources, and that the City of Ann Arbor does hereby specifically agree, but
not by way of limitation, as follows:
1. To appropriate the sum of $380,000.00 to match the grant authorized by
the Department and to appropriate such additional funds as shall be
necessary to complete the project;
2. To maintain satisfactory financial accounts, documents, and records to
make them available to the Department for auditing at reasonable times;
3. To construct the project and provide such funds, services and materials
as may be necessary to satisfy the terms of said agreement.
4. To authorize Ron Olson, Superintendent of Parks and Recreation, to be the
local authorized representative to sign documents on behalf of Ann Arbor,
Michigan; and
5. To comply with any and all terms of said agreement including all terms
not specifically set forth in the foregoing portions of this resolution.
The question being the foregoing Consent Agenda items as presented, on a voice
vote the Chair declared the motion carried.
ORDINANCES - Second Reading
64-90 ACTION POSTPONED
BOCA NATIONAL BUILDING CODE
An Ordinance to Amend Chapter 98 of Title VIII
of the Code of the City of Ann Arbor
This ordinance would adopt, by reference, the 1987 version of the Basic
Building Code, with certain exceptions to meet local needs and to conform to
other provisions of the City Code.
Councilmember Sheldon moved that the ordinance be adopted at second reading.
Council agreed to consider the ordinance later in the agenda to allow the City
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Council - December 3, 1990
Attorney to check the accuracy of certain references in Section 8:5. (See
ORDINANCES - Second Reading (Cont.), following Resolution No. R-651-12-90)
ORDINANCES - First Reading
67-90 APPROVED
ALLEN 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 0.1 acre, located at 2530 James
Drive, from TWP (Township District) to R1C (Single-Family Dwelling District).
Councilmember Coleman moved that the ordinance be approved at first reading.
On a voice vote the Chair declared the motion carried and the ordinance
approved at first reading.
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68-90 APPROVED
ALVAREZ 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 0.17 acre, located at the southwest
corner of Joseph and Victoria Streets, from TWP (Township District) to R1C
(Single-Family Dwelling District).
Councilmember Coleman moved that the ordinance be approved at first reading.
On a voice vote the Chair declared the motion carried and the ordinance
approved at first reading.
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69-90 APPROVED
PARRISH ZONING
An Ordinance to Amend the Zoning Map Being a Part of
Council - December 3, 1990
759
Chapter 55 of Title V of the Code of the City of Ann Arbor
This ordinance would change the zoning of 0.22 acre, located at 486 Barber
Avenue, from TWP (Township District) to R1C (Single-Family Dwelling District).
Councilmember Coleman moved that the ordinance be approved at first reading.
On a voice vote the Chair declared the motion carried and the ordinance
approved at first reading.
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70-90 APPROVED
SCHMIDT/WERFELMANN 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 0.19 acre, located at 445 Clarendon
Drive, from TWP (Township District) to R1C (Single-Family Dwelling District).
Councilmember Coleman moved that the ordinance be approved at first reading.
On a voice vote the Chair declared the motion carried and the ordinance
approved at first reading.
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71-90 APPROVED
STONER 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 0.35 acre, located at 2521 James
Street, from TWP (Township District) to R1C (Single-Family Dwelling District).
Councilmember Coleman moved that the ordinance be approved at first reading.
On a voice vote the Chair declared the motion carried and the ordinance
approved at first reading.
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72-90 APPROVED
CLEARING LITTER FROM OPEN
PRIVATE PROPERTY BY CITY
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Council - December 3, 1990
An Ordinance to Amend Section 7:104 of Chapter 82
of Title VII of the Code of the City of Ann Arbor
This ordinance would correct a reference error that has been in the Code since
1964.
Councilmember Sheldon moved that the ordinance be approved at first reading.
On a voice vote the Chair declared the motion carried and the ordinance
approved at first reading.
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73-90 APPROVED
CODE VIOLATION CITATIONS
An Ordinance to Amend Section 1:17(8) of Chapter 1
of Title I of the Code of the City of Ann Arbor
This ordinance would add three Utilities Department employees to those who are
authorized to write citations.
Councilmember Sheldon moved that the ordinance be approved at first reading.
On a voice vote the Chair declared the motion carried and the ordinance
approved at first reading.
MOTIONS AND RESOLUTIONS
R-649-12-90 APPROVED AS AMENDED
RESOLUTION TO ACCEPT ANN ARBOR
CITY TRANSPORTATION PLAN UPDATE
TO GUIDE FUTURE DECISIONS
A communication was received from the City Planning Commission transmitting its
recommendation of approval of the proposed Ann Arbor City Transportation Plan
Update to guide future decisions.
A resolution to accept the Ann Arbor City Transportation Plan Update to guide
future decisions was considered.
Councilmember Sheldon moved that the resolution be adopted.
Councilmember Brater moved that the following language be added to the
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761
resolution:
RESOLVED, That acceptance of this plan shall not be construed
as a commitment to implementation of any specific element or
recommendation of the plan; rather the plan shall be seen as a
guideline; and
RESOLVED, That each element of the plan shall be implemented
only after Council approval, as appropriate.
On a voice vote the Chair declared the motion carried.
The question being the resolution as amended, on a voice vote the Chair
declared the motion carried.
The resolution as adopted reads as follows:
R-649-12-90
RESOLUTION TO ACCEPT ANN ARBOR
CITY TRANSPORTATION PLAN UPDATE
TO GUIDE FUTURE DECISIONS
Whereas, The Transportation Plan Steering Committee and Citizens Advisory
Committee have prepared a draft Transportation Plan Update with the assistance
of a consultant and local staff; and
Whereas, Public hearings were held by the City Planning Commission on
September 25 and October 9, 1990, and the Commission has adopted the plan;
RESOLVED, That the Mayor and City Council hereby accept the Ann Arbor
City Transportation Plan Update as an element of the City Master Plan to guide
future decisions about the development of the transportation systems of the
City;
RESOLVED, That acceptance of this plan shall not be construed as a
commitment to implementation of any specific element or recommendation of the
plan; rather the plan shall be seen as a guideline; and
RESOLVED, That each element of the plan shall be implemented only after
Council approval, as appropriate.
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R-650-12-90 APPROVED
RESOLUTION TO APPROVE TRAVER VILLAGE
LAND DIVISION
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Council - December 3, 1990
A communication was received from the City Planning Commission transmitting its
recommendation of approval of the proposed Traver Village land division, 16.98
acres, northwest corner of Plymouth and Nixon Roads.
Whereas, First Martin Corporation has requested land division approval in
order to separate a 0.53 acre parcel of property from the existing 12.95 acre
Traver Village Shopping Center; and
Whereas, The Ann Arbor City Planning Commission, at its meeting of
November 13, 1990, recommended approval of said request;
RESOLVED, That the Traver Village land division be hereby approved.
Councilmember Martin moved that the resolution be adopted.
On a voice vote the Chair declared the motion carried.
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R-651-12-90 APPROVED
RESOLUTION TO APPROVE SOUTH AREA PLAN
A communication was received from the City Planning Commission transmitting its
recommendation of approval of the proposed South Area Plan, a proposed new
element of the City Master Plan to replace the Pittsfield Valley South Area
Plan.
Whereas, The City Planning Commission South Area Plan Subcommittee and
Planning Department staff have prepared a draft South Area Plan Update; and
Whereas, Public hearings were held by the City Planning Commission on
October 25 and November 13, 1990, and the Commission has adopted the plan;
RESOLVED, That the Mayor and City Council hereby adopt the Ann Arbor City
South Area Plan Update as an element of the City Master Plan to guide future
decisions about the development of the City's south area.
Councilmember Ouimet moved that the resolution be adopted.
Council agreed that the following corrections be made to the plan:
Page 22 -
Area L
Location: East WEST of Stone School Road, south of Packard...
Page 14 (1st paragraph) -
Council - December 3, 1990
763
Overall there are 268.44 acres of City parkland in the south area.
Added to this total is the 141 acre County Farm Park on Washtenaw
Avenue where a large multi-purpose recreational building is
proposed for completion by 1992 1991. The County Park facility
will be available to City residents and will provide a wide range
of activities including a pool, racquet courts GYMNASIUM, and
exercise rooms..
Page 15 (2nd paragraph) -
The Ann Arbor Public Schools have a ten-acre vacant elementary
school site at the west end of Verle Street adjacent to Brown Park.
The property is not considered excess by the schools even though
they have no plan to build a school on the site at this time.
Councilmember Sheldon moved that the title and last paragraph of the resolution
be amended as follows:
RESOLUTION TO APPROVE ACCEPT THE SOUTH AREA
PLAN UPDATE TO GUIDE FUTURE DECISIONS
RESOLVED, That the Mayor and City Council hereby adopt ACCEPT
the Ann Arbor City South Area Plan Update as an element of the City
Master Plan to guide future decisions about the development of the
City's south area.
After further discussion, the motion was withdrawn.
The question being the original resolution with the corrected Plan, on a voice
vote the Chair declare the motion carried.
ORDINANCES - Second Reading (Cont.)
64-90 APPROVED AS CORRECTED
BOCA NATIONAL BUILDING CODE
Council unanimously agreed to continue the discussion and consideration of
Ordinance No. 64-90.
Council agreed that Section 8:5 be corrected as follows:
8:5 Provision for refuse collection.
(1) Any structure which is erected under
building permit issued on or after May 15,
1968, and which contains 3 or more
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Council - December 3, 1990
dwelling units shall provide a refuse
collection area and access thereto which
meets the standards of Section 2:3(2)(a)
of Chapter 26 of the City Code..
(2) Any commercial or other nonresidential
structure erected under a building permit
issued on or after May 15, 1968, shall
include adequate provision as set forth in
Section 2:3(2)(b) of Chapter 26 of the
City Code..
The question being the ordinance as corrected, on roll call the vote was as
follows:
Yeas, Councilmembers Hunter, Coleman, Martin, Sheldon, Brater, Meade, Ouimet,
Peterson, Borda, Mayor pro tem Schleicher, 10;
Nays, 0.
The Chair declared the motion carried and the ordinance adopted at second
reading as corrected.
PUBLIC HEARINGS (Cont.)
CITY ANTI-SUBSTANCE ABUSE POLICY STATEMENT (Cont.)
Council unanimously agreed to reopen the public hearing on the proposed City of
Ann Arbor Anti-Substance Abuse Policy Statement to hear the following person:
Ron Rinker, Supervisor of the Fifteenth District Court Probation
Department, spoke in favor of the proposal. Mr. Rinker reported
that much of the criminal activity brought before District Court is
a result of substance abuse, and emphasized the need for funding
for treatment because of the alarming increase in substance abuse
related cases.
The Chair declared the hearing closed.
MOTIONS AND RESOLUTIONS (Cont.)
TABLED
RESOLUTION REGARDING OPEN EXCAVATION AT
338 SOUTH MAIN STREET - BROWN PROPERTY
Whereas, A lot located at the northwest corner of William and South Main
Street (338 S. Main St.) is detrimental to good and desirable economic and
Council - December 3, 1990
765
civic activities in downtown Ann Arbor;
Whereas, The above-mentioned lot has not had any construction activity in
the last six months;
Whereas, The owners of this lot may be in violation of City ordinances by
reasons of having unsightly and open building excavations;
Whereas, The open excavation may be a health and safety hazard;
Whereas, The members of the Main Street Area Association and other
citizens have petitioned City Council that this excavation be filled in and
that the lot be converted into a surface parking facility; and
Whereas, There will be a reduction of available surface parking spaces in
the Main Street area during the construction phase of the Ashley/William
(Kline's) Parking Structure;
RESOLVED, That the City Attorney be hereby authorized and directed to
request the owner of the lot to comply forthwith with all applicable City
ordinances;
RESOLVED, That the Downtown Development Authority be authorized and
directed to enter into the necessary agreements for construction of site
improvements on the lot located at the northwest corner of William and South
Main Street in order to prepare it for operation as a public surface parking
facility;
RESOLVED, That the City Administrator be authorized and directed to
arrange for the operation and management of this parking facility as a public
lot by the Transportation Department; and
RESOLVED, That the City Administrator inform Council within thirty days
of the status of this lot and of the progress in converting same to a public
surface parking facility.
Councilmember Hunter moved that the resolution be adopted.
Councilmember Brater moved that the resolution be tabled indefinitely for
further negotiations with the property owner.
On a voice vote the Chair declared the motion carried and the resolution
tabled.
****************************************************************
R-652-12-90 SUBSTITUTE RESOLUTION
APPROVED AS AMENDED
766
Council - December 3, 1990
RESOLUTION REGARDING PARKING METERS
IN RESIDENTIAL NEIGHBORHOODS
A resolution regarding parking meters in residential neighborhoods was
considered.
Councilmember Hunter moved that the substitute resolution distributed during
the meeting be placed on the table for consideration and adoption. (See
November 19, 1990 Council minutes for text of original resolution)
Council agreed that the fourth and fifth paragraphs of the substitute
resolution be amended as follows:
RESOLVED, That the Mayor and the Ann Arbor City Council
direct the Transportation Department to discontinue the
installation of new parking meters in the following residential
areas as itemized in ON ANY BLOCKS WHERE 85% OF THE STRUCTURES ARE
RESIDENTIAL UNITS, INCLUDING BUT NOT LIMITED TO the attached list;
RESOLVED, That all new parking meter posts recently installed
on the streets indicated on BLOCKS WHERE 85% OF THE STRUCTURES ARE
RESIDENTIAL, INCLUDING BUT NOT LIMITED TO the attached list, be
removed as soon as possible;
The question being the substitute resolution as amended, on a voice vote the
Chair declared the motion carried.
The resolution as adopted reads as follows:
R-652-12-90
RESOLUTION REGARDING PARKING METERS
IN RESIDENTIAL NEIGHBORHOODS
Whereas, The Mayor and the Ann Arbor City Council recognize the need to
raise additional revenues in order to reduce an anticipated budgetary shortfall
in the parking system fund;
Whereas, The Transportation Department has proposed increasing parking
revenues by the installation of additional parking meters along streets in
certain residential areas within the City; and
Whereas, The installation of additional parking meters in residential
areas has led to numerous complaints and has met with disapproval from
neighborhood individuals and organizations;
RESOLVED, That the Mayor and the Ann Arbor City Council direct the
Council - December 3, 1990
767
Transportation Department to discontinue the installation of new parking meters
on any blocks where 85% of the structures are residential units, including but
not limited to the following list:
Kingsley Street between N. Main St. and Fourth Ave.,
Kingsley Street between Fourth Ave. and Division St. (north side only),
Fifth Ave. (North) between Kingsley St. and Beakes St.,
Ashley St. (North) between Kingsley St. and Catherine St. (west side);
RESOLVED, That all new parking meter posts recently installed on blocks
where 85% of the structures are residential, including but not limited to the
above list, be removed as soon as possible;
RESOLVED, That future plans for placement of new parking meters in
residential areas only take place after proper notification of the
neighborhood, and that such plans be submitted to the Ann Arbor City Council
for final approval;
RESOLVED, That the Transportation Department shall not install any new
parking meters along residential neighborhood streets. Residential
neighborhood for the purpose of this resolution is defined as an area for which
85% of structures on a street or block are used as residential dwelling units;
RESOLVED, That prior to the installation of any new meters, the
Transportation Department shall provide notification to all residents of the
affected neighborhood and provide the information regarding the Residential
Parking Permit Program; and
RESOLVED, That the Mayor and the Council recognize the need for the
parking system to raise additional funds in order to maintain the fiscal
integrity of the parking fund, and direct the Transportation Department to
continue to explore methods of raising revenues.
****************************************************************
R-653-12-90 APPROVED AS AMENDED
RESOLUTION REGARDING IMPLEMENTATION
OF THE DOWNTOWN PLAN
A resolution regarding implementation of the Downtown Plan was considered.
Councilmember Brater moved that the resolution be adopted.
Councilmember Sheldon moved that the seventh and eighth paragraphs of the
resolution be amended as follows:
768
Council - December 3, 1990
RESOLVED, That the Ann Arbor City Council request SUPPORT the
Planning Commission AS IT DEVELOPS ITS WORK PROGRAM to designate
matters relevant to implementation of the Downtown Plan, including
necessary ordinances changes, as Phase I of the Central Area Plan;
RESOLVED, That Council request that SUPPORT the Planning
Commission draw up a set of AS IT SETS criteria to judge
conformance of downtown development proposals with the Downtown
Plan,...
On roll call the vote was as follows:
Yeas, Councilmembers Hunter, Coleman, Martin, Sheldon, Brater, Meade, Ouimet,
Peterson, Borda, 9;
Nays, Mayor pro tem Schleicher, 1.
The Chair declared the motion carried.
The question being the resolution as amended, on roll call the vote was as
follows:
Yeas, Councilmembers Hunter, Coleman, Martin, Sheldon, Brater, Meade, Peterson,
7;
Nays, Councilmembers Ouimet, Borda, Mayor pro tem Schleicher, 3.
The Chair declared the motion carried.
The resolution as adopted reads as follows:
R-653-12-90
RESOLUTION REGARDING IMPLEMENTATION
OF THE DOWNTOWN PLAN
Whereas, The Ann Arbor City Council adopted the Downtown Plan on July 5,
1988;
Whereas, Implementation of the Downtown Plan requires revision of certain
City ordinances, including the premium provisions of Chapter 55;
Whereas, Certain other ordinances should be examined for possible
revision, including the provisions for a special parking district of Chapter
59;
Whereas, Certain zoning changes in the downtown area may be advisable in
order to promote housing development;
Council - December 3, 1990
769
Whereas, Other direction may be given to developers in an advisory
capacity to encourage conformance with the Downtown Plan; and
Whereas, It is logical to address these issues as a first phase of
adopting a Central Area Plan;
RESOLVED, That the Ann Arbor City Council support the Planning Commission
as it develops its work program to designate matters relevant to implementation
of the Downtown Plan, including necessary ordinance changes, as Phase I of the
Central Area Plan;
RESOLVED, That Council support the Planning Commission as it sets
criteria to judge conformance of downtown development proposals with the
Downtown Plan, and that the Planning Department require each downtown
development proposal to include a clear demonstration of how the development
meets these criteria; and
RESOLVED, That City Council schedule a working session with the Planning
Commission to address implementation of the Downtown Plan and discuss other
planning matters.
****************************************************************
R-654-12-90 APPROVED
RESOLUTION DIRECTING THE CITY ADMINISTRATOR
TO PETITION THE STATE BOUNDARY COMMISSION FOR
ANNEXATION OF ANN ARBOR TOWNSHIP AREAS
Whereas, The City of Ann Arbor does not have a rational boundary and does
not have an agreement with Ann Arbor Township to work cooperatively toward
achieving a rational boundary between the City and the Township;
Whereas, Some areas of Ann Arbor Township are either entirely or
partially surrounded by City properties and City facilities but are not part of
the City; and
Whereas, These township islands and peninsulas should be made part of the
City to facilitate the future planning, construction, maintenance of City
facilities and services, and to insure that these properties assume their
proper share of the City cost;
RESOLVED, By the Mayor and City Council that the City Administrator be
directed to prepare applications for submittal to the State Boundary Commission
to annex Ann Arbor Township islands and peninsulas to the City.
Councilmember Coleman moved that the resolution be adopted.
On a voice vote the Chair declared the motion carried.
770
Council - December 3, 1990
The Chair declared a recess at 10:32 p.m.
The Chair again called the meeting to order at 10:45 p.m.
****************************************************************
R-655-12-90 APPROVED
RESOLUTION TERMINATING THE WATER SUPPLY
AND WASTEWATER TREATMENT CONTRACTS WITH
ANN ARBOR TOWNSHIP
Whereas, A wastewater treatment contract was entered into with Ann Arbor
Township on November 8, 1976. It specifies an initial term through 1995 and an
automatic renewal unless notice of non-renewal is given three years prior to
the end of 1995;
Whereas, On June 22, 1984, the City entered into a water supply contract
with Ann Arbor Township. It has an initial 20-year term with automatic
extension unless there is a notice of intent not to renew; and
Whereas, The City does not wish either of these contracts to be extended
beyond the initial terms;
RESOLVED, By the Council for the City of Ann Arbor that the Mayor be
authorized to provide notice, on form developed by the City Attorney, that the
City will not permit either the wastewater treatment contract or the water
supply contract to be extended beyond the initial terms.
Councilmember Coleman moved that the resolution be adopted.
On a voice vote the Chair declared the motion carried.
****************************************************************
R-656-12-90 APPROVED
RESOLUTION APPROVING CITY ANTI-SUBSTANCE
ABUSE POLICY STATEMENT
Whereas, At the request of City Council the following policy statement
has been submitted by the administrative staff;
Whereas, The original policy statement draft has been amended to
Council - December 3, 1990
771
incorporate language suggested by City Council;
Whereas, City Council recognizes that the misuse and abuse of alcohol and
drugs poses potential risk to the health and safety of individuals, family,
communities and society;
Whereas, The City of Ann Arbor hereby acknowledges its responsibility to
the community to affirmatively address the issue from a multi-faceted
perspective including prevention, intervention and treatment; and
Whereas, It is the responsibility of City government to protect the
health, welfare and safety of its citizens;
RESOLVED, That City Council recognize the needs of high risk populations;
RESOLVED, That the City of Ann Arbor recognize the need to collaborate
with governmental entities, educational establishments and public and private
agencies in the sharing of multiple resources;
RESOLVED, That the City of Ann Arbor identify funding to implement
solutions to substance abuse problems within the City; and
RESOLVED, That City Council hereby approve the Policy Statement submitted
to Council on December 3, 1990.
CITY OF ANN ARBOR
ANTI-SUBSTANCE ABUSE POLICY STATEMENT
INTRODUCTION
The City of Ann Arbor, as informed by the Anti-Substance Abuse Task Force Final
Report on Substance Abuse of September 17, 1990 recognizes the existence of a
community-wide substance abuse problem.
Abuse and misuse of alcohol and drugs poses potential risks to the health and
safety of individuals, families, communities, and society. Public policy
regarding the availability and consumption of alcohol and drugs, along with
prevention and treatment of substance abuse should be designed to minimize
these risks and maintain a safe, healthy community.
The City of Ann Arbor also recognizes its responsibility to the community to
affirmatively address the issue of substance abuse from a multi-faceted
perspective including prevention, intervention and treatment. In accepting
this responsibility, the City of Ann Arbor commits itself to take a leadership
role in establishing and coordinating a city-wide anti-substance abuse effort.
The goal of this effort will be to develop overall strategies to coordinate
all levels of activity so that community support and funding priorities can be
appropriately focused. Solutions to the City's substance abuse problem, which
involves all sectors of the City and all facets of society, need to be
developed through a holistic and systems approach.
772
Council - December 3, 1990
In an effort to ensure an ongoing community-wide coalition to fight substance
abuse, the City commits itself to implementing procedures and programs which
support these guiding principles:
PRINCIPLES
1. To promote and protect the rights of all citizens to live, work and
attend school in an environment free of the abuse and misuse of alcohol
and drugs.
2. To create a city-wide education and awareness effort, focusing on
alternative means of coping with stress and life's opportunities, other
than substance use/abuse.
Therefore, the policy of the City of Ann Arbor is to actively work toward a
solution to substance abuse in this community through implementation of these
objectives:
OBJECTIVES
1. Become a model city government and a leader/partner in the development of
a plan to achieve an effective community-wide prevention program.
2. Strengthen existing intergovernmental and educational institution
relationships and structures to promote community-wide public sector
leadership.
3. Provide a model drug-free workplace with an effective, accessible, and
confidential employee assistance program. Adopt an employee substance
abuse education and referral program to set a community example, and to
encourage other public and private employers to follow.
4. Establish City Anti-Substance Abuse Office/staff which will manage and
coordinate the City's effort, while not duplicating efforts of other
entities; work with City Departments and other organizations to effect
better communication and coordination of local efforts; facilitate the
dissemination of information on existing and future substance abuse
programs; and seek additional funding resources.
5. Devise ordinances, and encourage and support enforcement of all laws that
penalize the illicit drug and illegal alcohol suppliers, with special
attention given to the reduction of accessibility of drugs and alcohol to
youth.
6. Work with the courts and their probation departments to expedite
substance abuse related criminal prosecutions from arraignment to
sentencing, as well as to ensure that defendants who are identified as
substance abusers are assigned to, and follow through with, appropriate
Council - December 3, 1990
773
treatment programs.
7. Assist in the establishment of a Community Citizens Coalition, reflective
of City demographics, against substance abuse to engage all segments and
groups of the community to help develop and implement future programs.
8. Develop an ongoing assessment program to evaluate and measure the
performance of future community education, enforcement, and treatment
programs.
DISTRIBUTION AND POLICY REVIEW
Annually, a copy of this policy will be distributed to all City employees,
Biennially, the City will review its "Anti-Substance Abuse Policy" to determine
the program's and policy's effectiveness, and implement changes, as needed.
Councilmember Coleman moved that the resolution be adopted.
On a voice vote the Chair declared the motion carried.
****************************************************************
TABLED
RESOLUTION APPROVING AIRPORT PART 150
NOISE EXPOSURE MAP DOCUMENT
Whereas, The City has been participating in a Federal Air Regulation Part
150 Noise Study of the Ann Arbor Municipal Airport;
Whereas, One requirement of this study is that an FAR Part 150 Noise
Exposure Map Document be prepared and approved for submission to the FAA for a
technical review; and
Whereas, The City has prepared a Noise Exposure Map Document identifying
existing noise and land-use conditions on and adjacent to the Ann Arbor
Municipal Airport;
RESOLVED, That the FAR Part 150 Noise Exposure Map Document be approved
for submission to the Federal Aviation Administration for technical review, and
that the Mayor be authorized to affix his signature to the Noise Exposure Maps
attesting that the documents have been prepared utilizing the best available
information and that interested persons were afforded the opportunity to offer
comments, views and data on the study as referenced in this document.
Councilmember Sheldon moved that the resolution be adopted.
Councilmember Meade moved that the resolution be tabled indefinitely and
referred to the Planning Department for review and correction of the maps.
774
Council - December 3, 1990
On a voice vote the Chair declared the motion carried and the resolution
tabled.
****************************************************************
R-657-12-90 APPROVED
RESOLUTION TO APPROVE SUMMARY PUBLICATION OF
ORDINANCE NO. 64-90 - BOCA NATIONAL BUILDING CODE
Whereas, Ordinance No. 64-90 may be published by summary because it is
over 500 words long;
RESOLVED, That Ordinance No. 64-90 may be published by the following
summary:
Ordinance No. 64-90 amends City Code Chapter 98 by adopting by
reference the 1987 version of the Basic Building Code instead of
the 1981 version. It also adopts exceptions to the Basic Building
Code to meet local needs and to conform to other provisions of the
City Code.
A complete text of the ordinance is available at the Office of the
City Clerk.
Councilmember Martin moved that the resolution be adopted.
On a voice vote the Chair declared the motion carried.
****************************************************************
TABLED
RESOLUTION TO REQUIRE SOLICITATION PROPOSALS FOR
PRIVATE OPERATION OF PHASE III OF THE LANDFILL
Whereas, The City has spent over three years attempting to get a license
to operate Phase III of the landfill;
Whereas, The City has not yet received approval for the construction or
operation of Phase III; and
Whereas, The City Council believes that the licensing and operation of
Phase III of the landfill by a private contractor would be more economical and
Council - December 3, 1990
775
better serve the needs of the City of Ann Arbor;
RESOLVED, That the City administration be directed to solicit proposals
from private contractors for the purpose of obtaining approval of the Phase III
license, constructing Phase III and operating Phase III.
Councilmember Sheldon moved that the resolution be adopted.
Councilmember Sheldon moved that the resolution be tabled to the January 22,
1991 regular session of Council, following reports on the upcoming meetings
with the Department of Natural Resources.
On roll call the vote was as follows:
Yeas, Councilmembers Hunter, Coleman, Sheldon, Brater, Meade, Peterson, 6;
Nays, Councilmembers Martin, Ouimet, Borda, Mayor pro tem Schleicher, 4.
The Chair declared the motion carried and the resolution tabled.
****************************************************************
R-658-12-90 APPROVED AS AMENDED
RESOLUTION TO ESTABLISH A COMMITTEE TO
MEET WITH THE BOARD OF REVIEW REGARDING
UNIFORM PROPERTY TAX RELIEF SYSTEM
A resolution to establish a committee to meet with the Board of Review
regarding the uniform property tax relief system was considered.
Councilmember Hunter moved that the resolution be adopted.
Council agreed that the last paragraph of the resolution be amended as follows:
RESOLVED, That the Mayor appoint an ad hoc Council committee
of not less than four members to conduct such an investigation and
to report its findings to the Council by the first meeting in
January FEBRUARY, 1991, along with such recommendations as it deems
appropriate.
The question being the resolution as amended, on a voice vote the Chair
declared the motion carried.
The resolution as adopted reads as follows:
R-658-12-90
RESOLUTION TO ESTABLISH COMMITTEE TO
MEET WITH THE BOARD OF REVIEW REGARDING
776
Council - December 3, 1990
UNIFORM PROPERTY TAX RELIEF SYSTEM
Whereas, The Ann Arbor News, in a recent front page story and subsequent
editorial, has called into question the integrity and fairness of the
procedures of the Board of Review in granting property tax reductions for
hardship;
Whereas, The Ann Arbor News, in its editorial comments, has termed the
procedures used by the Board of Review as "incredibly sloppy" and the result as
"outrageous";
Whereas, It is essential to maintain public trust in the confidence and
integrity of public officials and in the fairness of their decisions; and
Whereas, A review of the methods used by the Board of Review and an
investigation of the specific allegations made by The Ann Arbor News seems to
be called for;
RESOLVED, That the Mayor appoint an ad hoc Council committee of not less
than four members to conduct such an investigation and to report its findings
to the Council by the first meeting in February, 1991, along with such
recommendations as it deems appropriate.
****************************************************************
R-659-12-90 APPROVED
RESOLUTION TO APPROVE DEMONSTRATION
SERVICES AGREEMENT WITH SHIRLEY HARDING
FOR CONSTRUCTION OF AFFORDABLE HOME
Whereas, Sunstructures Architects has designed a home for the First of
America "Affordable Housing" Design competition;
Whereas, The Department of Housing and Urban Development, the Community
Development Department, and First of America of Ann Arbor have been working
cooperatively to have the house built in the City;
Whereas, A lottery was held in September to select a person to build and
own the house and Shirley Harding was chosen and has met preliminary lending
requirements;
Whereas, The Washtenaw Black Economic Development League, through its
Director, Charles Thomas, has agreed to sell a lot at 620 North Fifth Avenue
for the project;
Whereas, Sunstructures has advertised for bids for the construction of
the home and selected Kent Home Services of Detroit as low bidder to build the
house;
Council - December 3, 1990
777
Whereas, In order to meet the guidelines and financial requirements of
the project, an additional $2,000.00 must be made available; and
Whereas, Shirley Harding in cooperation with Sunstructures Architects has
agreed to conduct a tour of the home when completed and workshop documenting
the process relating to the "Affordable Housing" design;
RESOLVED, That the Mayor and City Council approve a Demonstration
Services Agreement in the amount of $2,000.00 from the Affordable Housing
Account to Shirley Harding relating to the construction of a home at 620 N.
Fifth Ave. to be repaid at point of sale or transfer of the property;
RESOLVED, That an additional condition of the agreement include a
provision that 2% of the profit from the sale of the home be donated to the
City as a contribution toward providing additional affordable housing
opportunities within the City; and
RESOLVED, That the City Council authorize the Mayor and City Clerk to
execute the required documents substantially in the form on file in the Office
of the City Clerk.
Councilmember Coleman moved that the resolution be adopted.
On a voice vote the Chair declared the motion carried.
****************************************************************
TABLED
RESOLUTION TO SET HEARING DATE ON
REVOCATION OF DOOLEY'S LIQUOR LICENSE
Whereas, The City Council finds that there is probable cause to consider
a revocation of the license issued to Dooley's, 310 Maynard St., Ann Arbor,
Michigan, based on information that the owner of the business has knowingly
permitted unlawful activities on the premises;
RESOLVED, By the Ann Arbor City Council that a hearing be held before the
City Council on January 22, 1991 for receiving and considering evidence on
whether the Dooley's license should be revoked; and
RESOLVED, That the City Administrator be directed to notify Dooley's of
the particulars of the charges and of the licensee's rights at the hearing.
Councilmember Sheldon moved that the resolution be adopted.
Councilmember Sheldon moved that the resolution be tabled until the March 4,
778
Council - December 3, 1990
1991 regular session of Council.
On a voice vote the Chair declared the motion carried and the resolution
tabled.
****************************************************************
R-660-12-90 APPROVED
RESOLUTION TO PURCHASE REVENUE
CONTROL EQUIPMENT FROM TRAFFIC AND SAFETY
CONTROL SYSTEMS, INC - BID NO. 2041
Whereas, The Parking System has structures which are attended locations
and handle approximately 526,533 vehicle transactions per year for a total of
approximately $439,705.00 annually;
Whereas, The existing cashiering system and attendant booths have no
revenue control capability, and are more costly and difficult to maintain
because replacement parts are scarce and the equipment obsolete;
Whereas, Bid No. 2041 solicited quotations to provide revenue control and
attendant booths for the Maynard Carport;
Whereas, Traffic and Safety Control Systems, Inc., of Wixom, Michigan,
submitted the lowest responsible bid for this equipment and has received
Personnel/Human Rights Department approval on November 7, 1990; and
Whereas, Funds were approved in the 1990-91 operating budget to purchase
revenue control equipment and attendant booths;
RESOLVED, That City Council award Bid No. 2041 in the amount of
$159,384.00 to Traffic and Safety Control Systems, Inc., for the purchase of
revenue control equipment and attendant booths for the Maynard Carport.
Councilmember Peterson moved that the resolution be adopted.
On a voice vote the Chair declared the motion carried.
****************************************************************
R-661-12-90 APPROVED
Council - December 3, 1990
779
RESOLUTION TO AUTHORIZE PURCHASE ORDER TO
SCHINDLER ELEVATOR CORPORATION - BID NO. 1995
Whereas, The various parking structures are equipped with elevators which
cannot be maintained by in-house personnel and which required specialized
maintenance by qualified maintenance firms;
Whereas, Bid No. 1995 solicited quotations for qualified and skilled
personnel trained in maintaining elevators;
Whereas, Four companies submitted quotes in response to bid No. 1995, and
Schindler Elevator Corporation submitted the lowest responsible bid in the
amount of $23,400.00;
Whereas, Schindler Elevator Corporation received Human Rights approval on
November 7, 1990; and
Whereas, Funds are available in the 1990-91 operating budget under
equipment maintenance;
RESOLVED, That Council award Bid No. 1995 to Schindler Elevator
Corporation for the general maintenance of elevators located within the Parking
System.
Councilmember Coleman moved that the resolution be adopted.
On a voice vote the Chair declared the motion carried.
****************************************************************
R-662-12-90 APPROVED
RESOLUTION TO APPROVE BID FOR FRONT-
LOAD REFUSE TRUCK - BID NO. 2038
Whereas, The Solid Waste Department and Municipal Garage requested the
Purchasing Department to solicit bids for one front-load refuse truck;
Whereas, The Purchasing Department solicited competitive bids (under Bid
No. 2038), bids were sent to 22 companies, and one bid was received on November
1, 1990;
Whereas, The bid of D & H Mack meets City specifications; and
Whereas, D & H Mack received Human Rights approval on November 26, 1990;
RESOLVED, That City Council accept the bid of D & H Mack in the amount of
$121,611.10; and
780
Council - December 3, 1990
RESOLVED, That the City Administrator be directed to issue a purchase
order in the amount of $121,611.10 to D & H Mack to supply one front-load
refuse truck, as specified in Bid No. 2038. Funds for this unit are provided
in the 1990/91 Municipal Garage Revolving Equipment Fund (No. 012-091-130-
5530).
Councilmember Coleman moved that the resolution be adopted.
On a voice vote the Chair declared the motion carried.
****************************************************************
R-663-12-90 APPROVED
RESOLUTION TO AWARD PROFESSIONAL SERVICES
AGREEMENT FOR DESIGN OF INDEPENDENCE BOULEVARD
IMPROVEMENTS AND ESTABLISH PROJECT DESIGN BUDGET
Whereas, The owners of certain properties along Independence Boulevard
have requested that improvements be made to Independence Boulevard between
Powell and Victoria Avenues;
Whereas, It has been found necessary to retain the services of a
professional consulting engineering firm to perform the design;
Whereas, It is now necessary to enter into a contract for performance of
the design;
Whereas, The professional engineering firm of Atwell-Hicks, Inc. of Ann
Arbor has submitted to the City a proposal for engineering services, setting
forth the services to be performed by said consulting engineers, and the
payments to be made by the City therefore, all of which are agreeable to the
City; and
Whereas, The Personnel/Human Rights Department has given approval of
Atwell-Hicks, Inc. for said project on December 3, 1990;
RESOLVED, That a professional services agreement in the amount of
$32,990.00 be approved with Atwell-Hicks, Inc.;
RESOLVED, That the Mayor and City Clerk be hereby authorized and directed
to execute said agreement after approval as to form by the City Attorney and
approval as to substance by the Acting City Administrator; and
RESOLVED, That the following design budget be adopted for the life of the
project, to be available until expended without regard to fiscal year:
DESIGN BUDGET
Council - December 3, 1990
781
Section I, Revenue
$40,000.00 Fund 062, 1989 Street Millage Fund (previously
appropriated by Council Resolution R-289-5-90,
pending the sale of special assessment bonds)
Section II, Expense
$32,990.00 Design engineering services (Consultant)
4,500.00 City's design engineering services
2,510.00 Other charges including City-owned vehicles,
printing, materials & supplies, overhead,
etc.
$40,000.00 TOTAL
Councilmember Coleman moved that the resolution be adopted.
On a voice vote the Chair declared the motion carried.
****************************************************************
R-664-12-90 APPROVED
RESOLUTION TO APPROVE APPROPRIATION OF PARK
REHABILITATION AND DEVELOPMENT MILLAGE INCLUDING
DONATIONS AND CONTRIBUTIONS FUND BALANCE
Whereas, Voters approved two millages in 1983 and renewed the millage in
1989;
Whereas, Donations and private development contributions have been
received; and
Whereas, It is required that funds be appropriated for the "life of the
projects" in order to continue implementing the approved projects that overlap
fiscal years;
RESOLVED, That the Mayor and City Council appropriate for the "life of
the projects," without regard to a specific fiscal year from Fund 41
unappropriated fund balance at June 30, 1990 (including the 1983 Park Millage,
the 1989 Millage renewal, all cash contributions, donations and interest)
totaling $2,741,545; and
RESOLVED, That all projects be implemented in accordance with purchasing
regulations and with required approvals.
Councilmember Coleman moved that the resolution be adopted.
782
Council - December 3, 1990
On a voice vote the Chair declared the motion carried.
****************************************************************
R-665-12-90 APPROVED
RESOLUTION TO APPOINT SUCCESSOR REMARKETING AGENT
Whereas, The City of Ann Arbor, pursuant to a resolution of its City
Council, duly adopted on December 16, 1985, authorized the issuance of its 1985
General Obligation Limited Tax Development Variable Rate Demand Bonds, Series
B, in the original principal amount of $4,200,000;
Whereas, The City, pursuant to the resolution, appointed Ehrlich-Bober &
Company, Inc. as the Remarketing Agent for the bonds;
Whereas, Pursuant to Section 10 of the Remarketing Agreement entered into
by and between the City and the Remarketing Agent, Ehrlich-Bober & Company,
Inc. has tendered its resignation as Remarketing Agent for the bonds;
Whereas, It is necessary to appoint a successor Remarketing Agent;
Whereas, John Nuveen & Company, Inc. has submitted a proposal to act as
successor Remarketing Agent; and
Whereas, The issuer of the credit facility for the bonds, Comerica Bank-
Detroit, N.A., has approved of John Nuveen & Company, Inc. as successor
Remarketing Agent;
RESOLVED, That:
1. The resignation of Ehrlich-Bober & Company, Inc. as Remarketing Agent for
the City's 1985 General Obligation Limited Tax Development Bonds, Series
B., be and is hereby accepted.
2. John Nuveen & Company, Inc., being an institution authorized by law to
perform all of the duties imposed upon it under the Remarketing Agreement
and the resolution, and otherwise meets the terms and conditions of the
Remarketing Agreement, be and is hereby appointed successor Remarketing
Agent, as successor to Ehrlich-Bober and Company, Inc. as Remarketing
Agent;
3. The City Clerk be and is hereby authorized to execute any documents and
provide any notices respecting said substitution of successor Remarketing
Agent as shall be necessary to effectuate said succession; and
4. All resolutions and parts of resolutions in conflict herewith be and the
same are hereby rescinded.
Council - December 3, 1990
783
Councilmember Coleman moved that the resolution be adopted.
On a voice vote the Chair declared the motion carried.
REPORTS FROM COUNCIL COMMITTEES
None.
COUNCIL PROPOSED BUSINESS
TENTATIVE ITEMS FOR FUTURE COUNCIL MEETINGS:
Resolution Supporting State Legislation Enabling Municipalities and Townships
to Levy Impact Fees for Transportation Infrastructure Needs (Councilmember
Sheldon)
Resolution Directing City Administrator to Provide Information on Local Option
Tax (Councilmember Martin)
Resolution to Change Street Name of Washtenaw Place to Pitcher Street
(Councilmember Borda)
COMMUNICATIONS FROM THE MAYOR
APPOINTMENTS APPROVED
Council unanimously agreed with Mayor Jernigan's following recommendation for
appointments, placed on the table at the November 19, 1990 regular session of
Council:
DOWNTOWN DEVELOPMENT AUTHORITY
Peter Long (to replace Ann Black)
505 E. Huron St.
Term: 12/3/90 to 7/31/91
Victor Adamo (reappointment)
207 W. Jefferson St.
Term: 12/3/90 to 7/31/94
COMMUNICATIONS FROM THE CITY ADMINISTRATOR
REPORTS SUBMITTED
Acting City Administrator Donald Mason submitted the following reports (on file
784
Council - December 3, 1990
in the City Clerk's Office) for information of Council:
1. Open Excavations on South Main Street
2. Plymouth Road Phase III
3. Ann Arbor Township Heliport
4. Pedestrian Crossing Concerns
5. Valet Parking Inquiry
6. Series A Bond Issue
7. Solid Waste Department Progress Report
8. Ashley/William Properties Status Report
9. Snow Storm on December 3, 1990
COMMUNICATIONS FROM THE CITY ATTORNEY
GELMAN LITIGATION
City Attorney R. Bruce Laidlaw reported that several City employees were called
as witnesses during the Gelman litigation because residents asserted that they
were entitled to damages by virtue of having to be annexed to the City. Mr.
Laidlaw stated that the jury verdict did not award damages in this matter.
PROFESSIONAL DRIVE VACATION
Mr. Laidlaw stated that, in the case involving the vacation of Professional
Drive, it is his belief that the court has erred grievously in finding that the
City's act of giving up a right-of-way was a civil rights violation. Mr.
Laidlaw stated that it would be appropriate to discuss the case further in an
executive session at the next Council meeting.
COMMUNICATIONS FROM COUNCIL
COUNCILMEMBER SHELDON
Councilmember Sheldon thanked the participants of the first "At Issue" program
on community access television, sponsored by the City Clerk's Office. Ms.
Sheldon stated that the program includes news media people and Councilmembers
discussing current issues.
Council - December 3, 1990
785
CLERK'S REPORT OF COMMUNICATIONS, PETITIONS AND REFERRALS
The following communications were referred as indicated:
1. Communication from Vivian L. Bradbury, 3128 Oakwood, regarding Proposed
Ann Arbor City Transportation Plan Update - Planning.
The following minutes were received for file:
1. Planning Commission - October 9 and 25, 1990
2. Ann Arbor Transportation Authority Board - October 17, 1990
3. Commission on Handicapper Concerns - September 17, 1990
4. Historic District Commission - October 11, 1990
Councilmember Peterson moved that the Clerk's Report be accepted.
On a voice vote the Chair declared the motion carried.
AUDIENCE PARTICIPATION - General
None.
ADJOURNMENT
There being no further business to come before Council, it was moved by
Councilmember Sheldon that the meeting be adjourned.
On a voice vote the Chair declared the motion carried and the meeting adjourned
at 12:18 a.m.
W. Northcross
Clerk of the Council
Janet L. Chapin
786
Council - December 3, 1990
Recording Secretary