Title
REGULAR SESSION - APRIL 4, 1991
Body
Council - April 4, 1991 1135
The regular session of the Ann Arbor City Council was called to order at 7:05 p.m. in the
City Hall Council Chamber by Mayor pro tem Jerry S. Schleicher.
ROLL CALL OF COUNCIL
PRESENT : Councilmembers Larry Hunter, Ingrid B. Sheldon, Elizabeth S. Brater,
Nelson K. Meade, Jerry S. Schleicher, Mark Ouimet, Thais Anne Peterson,
Joe Borda, 8.
ABSENT : Mayor Gerald D. Jernigan, Councilmembers Ann Marie Coleman, M. Terry
Martin, 3.
RECESS FOR EXECUTIVE SESSION
Councilmember Peterson moved that the regular session of Council be recessed to hold
an executive session to discuss property purchase and litigation.
On a voice vote the Chair declared the motion carried and the meeting recessed at 7:06
p.m.
REGULAR SESSION RECONVENED
The regular session of Council was again called to order at 7:37 p.m.
Council stood for one moment of silence.
Mayor pro tem Schleicher led Council in the recitation of the Pledge of Allegiance.
1136 Council - April 4, 1991
ROLL CALL OF COUNCIL
PRESENT : Councilmembers Larry Hunter, Ingrid B. Sheldon, Elizabeth S. Brater,
Nelson K. Meade, Jerry S. Schleicher, Mark Ouimet, Thais Anne Peterson,
Joe Borda, 8.
ABSENT : Mayor Gerald D. Jernigan, Councilmembers Ann Marie Coleman, M. Terry
Martin, 3.
INTRODUCTIONS
ANN ARBOR-HIKONE MIDDLE SCHOOL STUDENT EXCHANGE PRESENTATION
Judy Brown and Peter Ways of the Ann Arbor Public Schools introduced the ten student
delegates from the Ann Arbor-Hikone Middle School Student Exchange who reported on
their trip to Japan in July of 1990. The students thanked City Council and the community
for supporting the successful program and expressed hope for support of future exchange
programs. ("Ann Arbor-Hikone Exchange, July, 1990" report on file in the City Clerk's
Office)
NEW POLICE CHIEF INTRODUCED
Acting City Administrator Donald Mason introduced the new Police Chief, Douglas Smith.
Chief Smith stated that he is looking forward to his new position and will be reporting for
duty by May 6.
PRESENTATION OF CERTIFICATES OF APPRECIATION
Acting City Administrator Donald Mason presented Certificates of Appreciation to
Councilmembers Jerry S. Schleicher and Joe Borda in recognition of their years of
dedicated service to the City of Ann Arbor as representatives of the Fourth and Fifth Wards
respectively. (Mayor Jernigan and Councilmember Martin, who were absent from the
meeting, also received Certificates of Appreciation).
AUDIENCE PARTICIPATION - Reserved Time
Council - April 4, 1991 1137
DAVE NEWELL - KLINE'S PARKING STRUCTURE PETITION DRIVE
Dave Newell stated that the Homeless Action Committee is continuing its petition drive to
place the matter of the Kline's lot parking structure on the ballot.
LARRY FOX - KLINE'S PARKING STRUCTURE
Larry Fox, representing the Homeless Action Committee, stated that the new Council will
be more willing to work to solve the issues raised by HAC. Mr. Fox expressed his
appreciation to the outgoing members of Council for their willingness to discuss the issues,
even though they disagreed politically with HAC's positions.
NICHOLAS BELL - HOMELESSNESS
Nicholas Bell, 3209 Smith, and two other University of Michigan students, encouraged
everyone to contribute to the homeless. Mr. Bell stated that small contributions can make
a big difference in homeless people's lives.
TODD SACHSE - HURON PARKWAY EXTENSION
Todd Sachse, 25595 Dundee, Huntington Woods, MI, co-owner of Ironwood Place
Apartments, stated that he agreed to cooperate with the City on the Huron Parkway
expansion, but objected to the amount of the assessment and the manner in which it was
calculated. Mr. Sachse further stated that no notice was given informing property owners
that the issue would be placed before Council.
PUBLIC HEARINGS
REZONING OF 8 PARCELS IN JENNINGS NEWPORT HEIGHTS SUBDIVISION
(ORDINANCE NO. 8-91)
A public hearing was conducted on the proposed amendment to Chapter 55, rezoning of
4.0 acres, 8 parcels in Jennings Newport Heights Subdivision, from TWP (Township
District) to R1A (Single-Family Dwelling District). Notice of public hearing was published
March 17, 1991.
There being no one to speak the Chair declared the hearing closed.
GAYNOR ZONING (ORDINANCE NO. 9-91)
1138 Council - April 4, 1991
A public hearing was conducted on the proposed amendment to Chapter 55, rezoning of
0.17 acre, located at 2509 James Street, from TWP (Township District) to R1C (Single-
Family Dwelling District). Notice of public hearing was published March 17, 1991.
There being no one to speak the Chair declared the hearing closed.
GRAMBAU ZONING (ORDINANCE NO. 10-91)
A public hearing was conducted on the proposed amendment to Chapter 55, rezoning of
0.25 acre, located at 2740 Valley Drive, from TWP (Township District) to R1C (Single-
Family Dwelling District). Notice of public hearing was published March 17, 1991.
There being no one to speak the Chair declared the hearing closed.
PRICE ZONING (ORDINANCE NO. 11-91)
A public hearing was conducted on the proposed amendment to Chapter 55, rezoning of
0.22 acre, located at 310 Glenwood Street, from TWP (Township District) to R1C (Single-
Family Dwelling District). Notice of public hearing was published March 17, 1991.
There being no one to speak the Chair declared the hearing closed.
WIEDMANN ZONING (ORDINANCE NO. 12-91)
A public hearing was conducted on the proposed amendment to Chapter 55, rezoning of
0.46 acre, located at 1870 Independence Blvd., from TWP (Township District) to R1C
(Single-Family Dwelling District). Notice of public hearing was published March 17, 1991.
There being no one to speak the Chair declared the hearing closed.
APPROVAL OF AGENDA
AGENDA APPROVED WITH CHANGES
Councilmember Hunter moved that the agenda be approved with the following changes:
CONSENT AGENDA
Correct Resolution to Approve Submission of Grant Application to Michigan
Title: Department of State for Ann Arbor Historic Buildings Project ($22,500.00)
($24,500.00)
Council - April 4, 1991 1139
Add: Resolution to Approve Work at the Bryant and Northside Community
Centers ($23,531.50)
ORDINANCES - First Reading
Add: Amendment to Chapter 126, Section 10:140 - Release of Towed Vehicles
MOTIONS AND RESOLUTIONS
Revise: Resolution to Approve Contract between Ann Arbor Housing Commission
and Midwest Restoration Company of Lansing for Oakwood and Platt Road
Improvement Project ($282,319.00) and Seventh and Washington Street
Improvement Project ($216,713.00)
Add: Resolution to Approve Professional Services Agreement with Engineering
and Testing Services, Inc. for Testing for the Stadium Boulevard
Reconstruction Program (from Washtenaw Avenue to Brockman Boulevard)
($45,000.00)
Add: Resolution Proclaiming C.O.P.E. - O'Brien Center Day, April 26, 1991
(Councilmember Schleicher)
Add: Resolution Denying Special Events Permit for Delta Sigma Phi Fraternity
COMMUNICATIONS FROM THE CITY ADMINISTRATOR
Add Safety Test for Handgun Purchase Permits (PA 320 of 1990)
Add: Video Cameras on Police Vehicles
Add: Plaza Repairs at Ann Arbor Federal Building
Add: Police Department Citizen Ride-Along Program
Add: University of Michigan Request for Proposal - Disposal of Scrap Wood and
Wood Pallets
Add: Use of Mace by Police Department
1140 Council - April 4, 1991
On a voice vote the Chair declared the motion carried.
The Chair declared a recess at 8:17 p.m.
The Chair again called the meeting to order at 8:35 p.m.
APPROVAL OF COUNCIL MINUTES
None.
CONSENT AGENDA
CONSENT AGENDA ITEMS APPROVED
Councilmember Hunter moved that the following Consent Agenda items be approved as
presented:
R-157-4-91 APPROVED
RESOLUTION TO APPROVE SUBMISSION OF GRANT
APPLICATION TO MICHIGAN DEPARTMENT OF STATE
FOR ANN ARBOR HISTORIC BUILDINGS PROJECT
Whereas, The City of Ann Arbor is a Certified Local Government and therefore
eligible to apply for federal historic preservation matching funds through the Michigan
Department of State;
Whereas, The Ann Arbor Historic District Commission in cooperation with the
Ann Arbor Historical Foundation are seeking such funds in order to publish an expanded
edition of Historic Buildings, Ann Arbor, Michigan, and
Whereas, This project will benefit both Ann Arbor residents and visitors by providing
information on the City's architectural heritage in an entertaining and convenient format;
RESOLVED, That the City Council approve the submission of a grant application to
the Michigan Department of State for $12,000.00 for the Ann Arbor Historic Buildings
project;
RESOLVED, That upon approval of the application by the Michigan Department of
State, the City Council accept the allocation and authorize the Mayor and City Clerk to
execute the required grant agreements; and
Council - April 4, 1991 1141
RESOLVED, That upon execution of the grant agreements, the City Council
appropriate $24,000.00 for the Ann Arbor Historic Buildings project from the following
sources:
City of Ann Arbor General Fund
Fiscal 1992 and 1993 budgets
Account #010-002-0160-1100 $ 2,250.00
Volunteer in-kind services 250.00
Ann Arbor Area Community Foundation 3,000.00
Approved 3/21/91
Ann Arbor Historical Foundation 7,000.00
Approved 3/26/91
Department of State 12,000.00
TOTAL $24,500.00
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R-158-4-91 APPROVED
RESOLUTION NO. 1 - PREPARE PLANS AND
SPECIFICATIONS FOR LIBERTY ROAD BETWEEN
CAROLINA AND DARTMOOR
Whereas, Council deems it necessary to acquire and construct a sanitary sewer
described as follows:
District No. 463, File No. 91023;
West Liberty Road - Sanitary Sewer Construction
between Carolina and Dartmoor 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 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;
1142 Council - April 4, 1991
3. The City Clerk shall present said report to the Council and make it available
for public examination;
4. The sum of $10,000.00 be appropriated for the planning and design of said
project, such sum being advanced from the Sewage System Fund pending the sale of
appropriate bonds;
5. Any unspent portion of said sum is re-appropriated and re-advanced as
above for said project for succeeding fiscal years until bonds are sold and the Sewage
System 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 an 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-159-4-91 APPROVED
RESOLUTION TO APPROVE THE DEXTER-
ANN ARBOR RUN ON MAY 25, 1991
Whereas, The Ann Arbor Track Club has requested that the annual Dexter-
Ann Arbor Run be held on May 25, 1991 and utilize closed streets to facilitate the race
finish area and post-race events;
Whereas, It has been requested that the following services be provided by the City;
1. Obtain a State permit for closing Huron and Main Streets;
2. Closing these streets from 6:00 a.m. to 1:00 p.m.:
* Main Street - Kingsley to Huron
* Ann Street - Fourth to Ashley
* Catherine - Fourth to Ashley
* Surface parking lot at Ann and Main Streets
* Beakes Street - Fourth to Main
* Kingsley Street - Ashley to Main
Council - April 4, 1991 1143
3. Provide barricades for closing the streets (placed on the street corners on
Friday and picked up the following Tuesday);
4. Provide directional cones (to be picked up and returned by Track Club);
5. Place hoods on parking meters on Friday night and remove Saturday
afternoon on:
* Fourth Avenue - Huron to Liberty
* Main Street - Huron to northernmost meter on Main
* Surface parking lot at Ann and Main Streets
* Other closed streets
6. Clean Main Street on Friday from Huron River Drive to William Street and
patch holes as needed; and
7. Place one Solid Waste dumpster in the lot at Main and Ann Streets along
with 60 55-gallon trash can barrels on both sides of Main Street from
Catherine to Huron (placed Friday and picked up Saturday afternoon or
Tuesday);
Whereas, The Track Club has agreed to pay the event costs for the Police
supervision, Solid Waste Department services and Transportation Department costs;
Whereas, The Track Club will file all necessary street closure and banner permits,
and will comply with all liability insurance and other requirements, including maintaining fire
lanes; and
Whereas, The Main Street Association supports the event;
RESOLVED, That the Mayor and Council authorize the following for the event:
1. Requested street closings and securing of necessary State permits for
same;
2. Banner permit;
3. Police, Solid Waste and Transportation Department service requests with
costs reimbursed; and
4. That beer be allowed to be served in an enclosed area in the Ann at Main
parking lot, in accordance with current City policy with required State permits
1144 Council - April 4, 1991
and insurance suitable to the City Attorney; and
RESOLVED, That the Ann Arbor Track Club:
1. Reimburse the City expenses incurred for the following requested
department services:
Estimate:
Solid Waste $ 500.00
Transportation 1,451.00
Police 1,360.00
TOTAL $3,311.00
2. Comply with all City permit requirements and State permits, including
provision of liability insurance.
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R-160-4-91 APPROVED
RESOLUTION REQUIRING PROPERTY OWNER
NOTICE OF POTENTIAL LIEN ASSESSMENT OF
DELINQUENT UTILITY BILLS ON NEXT TAX ROLL
Whereas, The City Administrator is reporting to the City Council that there are
unpaid charges for water, sanitary sewer and stormwater services furnished to certain
premises in the City of Ann Arbor which on the 29th day of March, 1991 have remained
unpaid for a period of six months, (on file in the City Clerk's Office);
RESOLVED, That, pursuant to Section 2:72 of Chapter 29 of Title II of the Code of
the City of Ann Arbor, due notice be given by the Utilities Department by first class mail to
the owners of record in the Assessor's Office of the premises so served; stating the total
amount due for such service and further notice that such amount
shall be assessed by this Council on May 6, 1991, unless sooner paid, as a tax
against said premises and placed on the next tax roll of the City.
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R-161-4-91 APPROVED
Council - April 4, 1991 1145
RESOLUTION TO GRANT WATER AND SEWER
SERVICE OUTSIDE CITY LIMITS TO RSI WHOLESALE
LOCATED AT 1380 NORTH MAIN STREET
Whereas, RSI Wholesale, C. Kim Emery, Partner, owner of the property at 1380
North Main Street has requested the City on March 25, 1991 to extend public water and
sewer services for their use to the property in Ann Arbor Township prior to the completion
of the annexation process;
Whereas, RSI Wholesale desires to enter into the standard agreements with the
City which provide an equitable method of obtaining City services outside of its corporate
boundaries; and
Whereas, On March 19, 1991 the owner petitioned the City for annexation under
Planning Department File No. 9201N13.1;
RESOLVED, That the Mayor and Clerk be hereby authorized and directed to sign
the agreements on behalf of the City allowing City water and sewer service to the land
during the time it is still outside of the corporate limits and that the City Clerk be hereby
directed and ordered to send a copy of this resolution and the agreements by first class
mail to the customer chargeable therewith of the amounts therein determined and the
Utilities Department shall promptly have this resolution and the agreements recorded in the
Office of the Register of Deeds of Washtenaw County, Michigan.
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R-162-4-91 APPROVED
RESOLUTION AUTHORIZING SANITARY SEWER
IMPROVEMENT CHARGES FOR 3175 BAYLIS DRIVE
Whereas, The City has previously constructed sanitary sewers described as follows:
8" crosslots sewer (Brookside Sanitary Sewer);
District No. 451, File No. 87032;
$6,902.65/connection for main x 1 connection = $6,902.65
$769.08/lead x (1) lead = 769.08
Total $7,671.73
Whereas, This Council desires, pursuant to Section 1:278, Chapter 12, of the Code
of the City of Ann Arbor, to levy against certain properties their fair share of the cost of said
improvements, such fair share not having heretofore been paid nor contracted for;
1146 Council - April 4, 1991
RESOLVED,
1. That Council hereby levy an improvement charge against the following
newly-annexed property which is specially benefitted by the above improvements:
Annexation Address: 3175 Baylis Drive
City Assessor Code: 12-10-504-022
Annexation No.: A87-22
Planning File No.: 12102P7.1 & .2
Lot 14, Brookside Subdivision, Pittsfield Township, Liber 11
of plats, page 25. Now situated in the City of Ann Arbor;
2. That the improvement charge so levied be in the amount of $7,671.73 and
be hereby designated as Utilities Improvement Charge No. 550;
3. That said improvement charge be divided into 15 equal installments, the first
to be due on June 1, 1991 and the 14 subsequent installments to be due on June 1 of each
and every year thereafter, with the deferred installments of said improvement charge to
bear interest at the rate of 8% per annum commencing June 1, 1991;
4. That the City Clerk be directed and ordered to send a copy of this resolution
and give notice by first class mail to the persons chargeable therewith of the amounts
hereby determined, and promptly have this resolution recorded in the Office of the Register
of Deeds of Washtenaw County, Michigan; and
5. That the improvement charge so levied be invoiced to Peter and Karen
Nestor, 3181 Baylis, Ann Arbor, Michigan 48108, and be credited in the amount of
$7,671.73 to Fund 043-073-7151.
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R-163-4-91 APPROVED
RESOLUTION TO APPROVE LIQUOR LICENSE TRANSFER
TO COA, INC. FROM THE COUNT OF ANTIPASTO, INC.
LOCATED AT 1140 SOUTH UNIVERSITY AVENUE
RESOLVED, That the request of COA, Inc. to transfer ownership of a 1988 Class C
licensed business, located at 1140 South University Avenue, Ann Arbor, from the Count of
Antipasto, Inc., be hereby approved.
Council - April 4, 1991 1147
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R-164-4-91 APPROVED
RESOLUTION TO APPROVE REQUEST OF COLONIAL LANES
OF ANN ARBOR, INC. FOR A NEW DANCE-ENTERTAINMENT
PERMIT LOCATED AT 1950 SOUTH INDUSTRIAL HIGHWAY
RESOLVED, That the request from Colonial Lanes of Ann Arbor, Inc. for a new
Dance-entertainment Permit to be held in conjunction with a 1990 Class C licensed
business, located at 1950 South Industrial Highway, Ann Arbor, be hereby approved.
*************************
R-165-4-91 APPROVED
RESOLUTION TO APPROVE WORK AT BRYANT AND
NORTHSIDE COMMUNITY CENTERS
Whereas, The 1989-94 Park Rehabilitation and Development Millage fund includes
$50,000.00 for the Bryant and Northside Community Centers;
Whereas, Improvements needed include new carpeting and tile;
Whereas, R.P. Lewis, Co. submitted the lowest responsible bid of $23,531.50
($14,596.50 for Bryant and $8,935.00 for Northside); and
Whereas, R.P. Lewis Co. received Personnel/Human Rights Department approval
on March 21, 1991;
RESOLVED, That the Mayor and City Council approve the recommendation of the
City Administrator to award the bid to R.P. Lewis, Co. in the amount of $23,531.50, to
authorize the Mayor and City Clerk to sign the agreement on file with the City Clerk, and to
appropriate $23,531.50 for the life of the project; and
RESOLVED, That the funds be used from the 1989-94 Park Millage fund to cover
the cost of this project.
The question being the foregoing Consent Agenda items as presented, on a voice vote the
Chair declared the motion carried.
1148 Council - April 4, 1991
ORDINANCES - Second Reading
8-91 APPROVED
REZONING OF 8 PARCELS IN JENNINGS
NEWPORT HEIGHTS SUBDIVISION
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 8 parcels in Jennings Newport Heights
Subdivision, 4.0 acres, located on Newport Road, from TWP (Township District) to R1A
(Single-Family Dwelling District).
Councilmember Hunter moved that the ordinance be adopted at second reading.
On roll call the vote was as follows:
Yeas, Councilmembers Hunter, Sheldon, Brater, Meade, Schleicher, Ouimet, Peterson,
Borda, 8;
Nays, 0.
The Chair declared the motion carried and the ordinance adopted at second reading.
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9-91 APPROVED
GAYNOR 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 2509 James Street, from
TWP (Township District) to R1C (Single-Family Dwelling District).
Council - April 4, 1991 1149
Councilmember Hunter moved that the ordinance be adopted at second reading.
On roll call the vote was as follows:
Yeas, Councilmembers Hunter, Sheldon, Brater, Meade, Schleicher, Ouimet, Peterson,
Borda, 8;
Nays, 0.
The Chair declared the motion carried and the ordinance adopted at second reading.
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10-91 APPROVED
GRAMBAU 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 0.25 acre, located at 2740 Valley Drive, from
TWP (Township District) to R1C (Single-Family Dwelling District).
Councilmember Hunter moved that the ordinance be adopted at second reading.
On roll call the vote was as follows:
Yeas, Councilmembers Hunter, Sheldon, Brater, Meade, Schleicher, Ouimet, Peterson,
Borda, 8;
Nays, 0.
The Chair declared the motion carried and the ordinance adopted at second reading.
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11-91 APPROVED
PRICE 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
1150 Council - April 4, 1991
This ordinance would change the zoning of 0.22 acre, located at 310 Glenwood Street,
from TWP (Township District) to R1C (Single-Family Dwelling District).
Councilmember Hunter moved that the ordinance be adopted at second reading.
On roll call the vote was as follows:
Yeas, Councilmembers Hunter, Sheldon, Brater, Meade, Schleicher, Ouimet, Peterson,
Borda, 8;
Nays, 0.
The Chair declared the motion carried and the ordinance adopted at second reading.
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12-91 APPROVED
WIEDMANN 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 0.46 acre, located at 1870 Independence Blvd,
from TWP (Township District) to R1C (Single-Family Dwelling District).
Councilmember Hunter moved that the ordinance be adopted at second reading.
On roll call the vote was as follows:
Yeas, Councilmembers Hunter, Sheldon, Brater, Meade, Schleicher, Ouimet, Peterson,
Borda, 8;
Nays, 0.
The Chair declared the motion carried and the ordinance adopted at second reading.
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18-91 APPROVED
Council - April 4, 1991 1151
HUMAN RIGHTS ORDINANCE
An Ordinance to Amend Section 9:163 of Chapter 112
of Title IX of the Code of the City of Ann Arbor
This ordinance would make violations of Chapter 112 civil infractions punishable by a civil
fine of not more than $500.00.
Councilmember Hunter moved that the ordinance be adopted at second reading.
On roll call the vote was as follows:
Yeas, Councilmembers Hunter, Sheldon, Brater, Meade, Schleicher, Ouimet, Peterson,
Borda, 8;
Nays, 0.
The Chair declared the motion carried and the ordinance adopted at second reading.
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19-91 APPROVED
ALARM FEES
An Ordinance to Amend Sections 7:32 and 7:33 of Chapter 77
Title VII of the Code of the City of Ann Arbor
This ordinance would increase fees for alarm connections.
Councilmember Hunter moved that the ordinance be adopted at second reading.
On roll call the vote was as follows:
Yeas, Councilmembers Hunter, Sheldon, Brater, Meade, Schleicher, Ouimet, Peterson,
Borda, 8;
Nays, 0.
The Chair declared the motion carried and the ordinance adopted at second reading.
1152 Council - April 4, 1991
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20-91 APPROVED
FALSE ALARM FEES
An Ordinance to Amend Sections 7:403 and 7:404 of Chapter 93
of Title VII of the Code of the City of Ann Arbor
This ordinance would established a $35.00 fee for each false alarm having police or fire
department response.
Councilmember Brater moved that the ordinance be adopted at second reading.
On roll call the vote was as follows:
Yeas, Councilmembers Hunter, Sheldon, Brater, Meade, Schleicher, Ouimet, Peterson,
Borda, 8;
Nays, 0.
The Chair declared the motion carried and the ordinance adopted at second reading.
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21-91 APPROVED
COMMERCIAL VEHICLES - EQUIPMENT AND OPERATION
An Ordinance to Amend Chapter 126 of Title X of the Code
of the City of Ann Arbor by Adding a New Section 10:104
This ordinance would prohibit operation of any vehicle in violation of Act 181 of 1963 as
amended, and would make a violation of this section a misdemeanor punishable by up to a
$500 fine and/or 90 days in jail.
Councilmember Meade moved that the ordinance be adopted at second reading.
On roll call the vote was as follows:
Yeas, Councilmembers Hunter, Sheldon, Brater, Meade, Schleicher, Ouimet, Peterson,
Borda, 8;
Council - April 4, 1991 1153
Nays, 0.
The Chair declared the motion carried and the ordinance adopted at second reading.
ORDINANCES - First Reading
22-91 APPROVED
ATWELL-HICKS, INC. 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 2 acres, located at 1241 South Maple Road,
from TWP (Township District) to R4A/B (Multiple-Family Dwelling District).
Councilmember Hunter 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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23-91 APPROVED
VINCENT/KEITH 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 1856 Joseph Street, from
TWP (Township District) to R1C (Single-Family Dwelling District).
Councilmember Hunter 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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24-91 APPROVED
1154 Council - April 4, 1991
RELEASE OF TOWED VEHICLES
An Ordinance to Amend Section 10:140 of Chapter 126
of Title X of the Code of the City of Ann Arbor
This ordinance would eliminate the no fee provision for towing and storage of stolen
vehicles claimed within 4 days. This ordinance would also require a party with security
interest in an impounded vehicle to pay the parking fines owed by the owner, as well as
towing and storage charges, prior to release of the vehicle.
Councilmember Hunter 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-166-4-91 APPROVED
RESOLUTION STIPULATING NO OBJECTION TO
RELOCATION OF MODULAR CONVEYOR SYSTEMS, INC.
TO PLYMOUTH TOWNSHIP
Whereas, Modular Conveyor Systems, Inc. would like to obtain an Industrial
Facilities Exemption Certificate for its facility to be located at 14970 Cleat Street, Plymouth,
Michigan 48170, which would meet the company's need to move closer to its major
material suppliers, providing a savings in operational costs;
Whereas, The place of employment of 6 Modular Conveyor Systems, Inc.
employees will be transferred from the City of Ann Arbor to Plymouth Township; and
Whereas, Before Plymouth Township can approve the tax incentive benefits of
Michigan Public Act 198 of 1974, as amended, the City Council of Ann Arbor must consent
by resolution to the granting of the certificate;
RESOLVED, That the Ann Arbor City Council hereby consents to the granting of
said Industrial Facilities Exemption Certificate pursuant to said public act to Modular
Conveyor Systems.
Council - April 4, 1991 1155
Councilmember Peterson moved that the resolution be adopted.
On a voice vote the Chair declared the motion carried.
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R-167-4-91 APPROVED
RESOLUTION TO AWARD CONTRACT TO ANGELO IAFRATE
CONSTRUCTION COMPANY FOR PLYMOUTH ROAD RECONSTRUCTION
PHASE III AND TRAVER CREEK CULVERT IMPROVEMENTS
Whereas, It has been found necessary to reconstruct Plymouth Road and improve
the Traver Creek Culvert which runs under Plymouth Road and the railroad tracks west of
Barton Drive;
Whereas, Angelo Iafrate Construction Company of Warren, Michigan has submitted
to the City on March 20, 1991 a bid for said work in the total amount of $2,692,587.00,
which is the lowest responsible bid;
Whereas, The contract is in the standard City form and sets forth the services to be
performed by said company, and the payments to be made by the City therefor, all of
which are agreeable to the City;
Whereas, It is now necessary to enter into a contract with said company for said
construction; and
Whereas, The Personnel/Human Rights Department approved said company for
said contract on March 21, 1991;
RESOLVED, That Council award a contract to the Angelo Iafrate Construction
Company in the amount of $2,692,587.00 for construction of Plymouth Road
Reconstruction Phase III and the Traver Creek Culvert Improvement Project;
RESOLVED, That the Mayor and Clerk be authorized and directed to sign said
contract on forms approved as to form by the City Attorney, and approved as to substance
by the City Administrator, City Engineer, and Personnel/Human Rights Director; and
RESOLVED, That the following construction budget be adopted and funds
appropriated for the life of the project, to be available until expended without regard to fiscal
year:
1156 Council - April 4, 1991
Section I - Revenue
$2,877,522.00 1988 Major Street Millage (Fund 062)
455,065.00 Bonds to be sold by Drain Commission which will be
reimbursed from the Storm Water Utility (Fund 069)
$3,332,587.00 TOTAL
Section II - Expense
$2,717,587.00 Construction Contract (includes $25,000 for special
landscaping)
90,000.00 Construction Engineering - City staff, equip., materials,
supplies
80,000.00 Construction Testing
182,000.00 Construction Staking and Surveying
188,000.00 Contingencies to be approved by the City Administrator
75,000.00 Overhead/Fringe Benefits
$3,332,587.00 TOTAL
Councilmember Peterson moved that the resolution be adopted.
On a voice vote the Chair declared the motion carried.
****************************************************************
R-168-4-91 APPROVED
RESOLUTION TO APPROVE CONTRACT WITH THOMPSON-
MC CULLY COMPANY AND ESTABLISH PROJECT BUDGET FOR
THE 1991 ANNUAL STREET RESURFACING PROJECT
Whereas, The 1991 Capital Improvements Plan includes Project No. 1065, 1991
Annual Street Resurfacing Project;
Council - April 4, 1991 1157
Whereas, The Thompson-McCully Company of Whitmore Lake, Michigan has
submitted to the City on March 20, 1991, a bid for said work in the total amount of
$1,216,925.40, which amount is the lowest responsible bid;
Whereas, The contract proposals set forth the services to be performed by said
company, and the payments to be made by the City therefor, all of which are agreeable to
the City;
Whereas, It is now necessary to enter into a contract with said company for said
construction project; and
Whereas, The Personnel/Human Rights Department has on March 21, 1991
approved said company for said project;
RESOLVED, That a contract in the amount of $1,216,925.40 be awarded to the
Thompson-McCully Company;
RESOLVED, That the Mayor and Clerk be hereby authorized and directed to
execute said contract after approval as to form by the City Attorney and approval as to
substance by the City Administrator;
RESOLVED, That the following budget be adopted and funds appropriated for the
life of the project, to be available until expended without regard to fiscal year:
Section I - Revenue
$1,301,625.00 Fund 062, 1989 Major Street Millage
115,000.00 Fund 099, Proposed 1991 Spring Bond Issue
(Water Revenue Bonds)
75,500.00 Fund 047, Golf Course Fund
13,875.00 Fund 010, Fire Department Operating Budget
$1,506,000.00 TOTAL
Section II - Expense
$85,000.00 Design (previously authorized by Council Resolution
R-612-11-90)
60,000.00 Construction Engineering
40,000.00 Consulting (Testing)
20,000.00 City-Owned Vehicles
2,000.00 Printing and Binding
1158 Council - April 4, 1991
2,000.00 Materials and Equipment
1,225,000.00 Construction (includes $204,375.00 for construction
of public utilities, road and site improvements)
72,000.00 Overhead and Miscellaneous Charges
$1,506,000.00 TOTAL; and
RESOLVED, That the City Administrator shall add or delete streets from the 1991
Annual Street Resurfacing Project list, on file in the City Clerk's Office, to keep the total
cost of the project as close to $1,506,000.00 as practical.
Councilmember Peterson moved that the resolution be adopted.
On a voice vote the Chair declared the motion carried.
****************************************************************
R-169-4-91 APPROVED
RESOLUTION TO APPROVE CONTRACT BETWEEN ANN ARBOR
HOUSING COMMISSION AND MIDWEST RESTORATION COMPANY OF
LANSING FOR OAKWOOD AND PLATT ROAD IMPROVEMENT PROJECT
AND SEVENTH AND WASHINGTON STREET IMPROVEMENT PROJECT
Whereas, The seventeen public housing rental units at Oakwood and Platt, and
Seventh and Washington need major rehabilitation;
Whereas, The Ann Arbor Housing Commission, through its architectural firm, has
prepared plans and specifications which resulted in the submission of bids;
Whereas, The Department of Housing and Urban Development, through the
comprehensive Improvement Assistance Program, has provided funds for this project
based on their acceptance of the required documents;
RESOLVED, That the City Council approve and award the Oakwood and Platt, and
Seventh and Washington improvement projects to Midwest Restoration Company of
Lansing, Michigan for:
a) Oakwood and Platt, up to $282,319.00
b) Seventh and Washington, up to $216,713.00; and
RESOLVED, That the Mayor and City Clerk be authorized to execute the contract
Council - April 4, 1991 1159
that is substantially in the form of that on file with the City Clerk.
Councilmember Peterson moved that the resolution be adopted.
On a voice vote the Chair declared the motion carried.
****************************************************************
R-170-4-91 APPROVED
RESOLUTION TO APPROVE PROFESSIONAL SERVICE
AGREEMENT WITH C.T.I. AND ASSOCIATES, INC. FOR TESTING
OF THE 1991 ANNUAL STREET RESURFACING PROJECT
Whereas, It is necessary to employ a qualified testing firm to perform essential
testing for the 1991 Annual Street Resurfacing Project;
Whereas, Proposals for this testing were received and evaluated by the Engineering
Department on the basis of qualifications and fees;
Whereas, C.T.I. and Associates, Inc. has demonstrated the required experience,
personnel and competitive fee schedule to perform the work;
Whereas, On January 10, 1991 the Personnel/Human Rights Department gave
approval of said company for said work; and
Whereas, On April 4, 1991 Council has appropriated sufficient funds to cover the
cost of this contract;
RESOLVED, That Council authorize a professional service agreement in the
standard City form in the amount of $40,000.00 with C.T.I. and Associates, Inc. for
construction testing and inspection services on the 1991 Annual Street Resurfacing
Project; and
RESOLVED, That the Mayor and Clerk be authorized an directed to execute said
agreement after approval as to form by the City Attorney and approval as to substance by
the City Administrator.
Councilmember Peterson moved that the resolution be adopted.
On a voice vote the Chair declared the motion carried.
1160 Council - April 4, 1991
****************************************************************
R-171-4-91 APPROVED
RESOLUTION TO APPROPRIATE FUNDS FOR
BURR OAK PARK IMPROVEMENTS
Whereas, Burr Oak Park is a 3.64 acre neighborhood park, comprised of two
separate parcels as dedicated to the City under the Liberty Glen Subdivision Development
Agreement;
Whereas, All lots in the single-family subdivision have been developed, the first
phase of the Liberty Pointe Condominium development is nearing completion, and the park
has been graded and seeded as stipulated in the development agreement;
Whereas, Representatives of the Liberty Glen Homeowner's Association, Liberty
Pointe Condominiums, and Lakewood Subdivision Homeowner's Association have
expressed support for development of the park in accordance with preliminary plans (which
include barrier-free access to walks; play equipment, site furnishings and landscaping) as
discussed at a public meeting held on March 13, 1991;
Whereas, The opportunity to provide additional recreational facilities where a
parkland dedication has occurred is provided for in the 1989-95 Park Rehabilitation and
Development Millage (under "Development of New Parkland Acquisitions"), as follows:
1989-90 $17,000
1990-91 30,000
1991-92 40,000
1992-93 50,000
1993-94 10,000
1994-95 70,000
Total $217,000
(none of these funds have been expended to date); and
Whereas, The Park Advisory Commission has unanimously approved a resolution
recommending that $30,000.00 be appropriated from the 1989-95 Park Rehabilitation and
Development Millage (Fund 041) for improvements in Burr Oak Park;
RESOLVED, That the City Council appropriate $30,000.00 from the 1989-95 Park
Rehabilitation and Development Millage (Fund 041) for Burr Oak Park Improvements
(Phase I).
Council - April 4, 1991 1161
Councilmember Peterson moved that the resolution be adopted.
On a voice vote the Chair declared the motion carried.
****************************************************************
TABLED
RESOLUTION NO. 4 - CONFIRM ASSESSMENT ROLL FOR
HURON PARKWAY AND TRAVERWOOD ROAD IMPROVEMENTS
Whereas, The City Council, after due and legal notice, has met for the purpose of
assessing the private property's share of the cost of acquiring and constructing road
improvements described as follows:
Huron Parkway Extension from Nixon to Tuebingen, and
Traverwood Drive Construction from Plymouth to Huron Parkway,
District No. 13, File No. 84088;
Whereas, The City Council has heard all persons interested in the necessity of the
improvement or aggrieved by the special assessment roll and has considered any and all
objections thereto;
Whereas, The second resolution, R-10-1-90, approved by the Council on January 8,
1990, stipulates that an amount of $4,498,412.89 be paid by special assessment upon the
property specially benefitted within the City;
Whereas, Such amount was determined prior to receiving bids;
Whereas, Based on bids received and using a modified cost distribution system
which allocates a share of the project cost to the City, the estimated amount of special
assessment is now $2,668,744.00; and
Whereas, The City Council is satisfied with said special assessment roll,
RESOLVED,
1. That said special assessment roll as prepared by the City Assessor be
hereby confirmed in the amount of $2,668,744.00 and designated as Road Improvements
Special Assessment District No. 13, File No. 84088;
2. That said special assessment roll be divided into fifteen equal annual
1162 Council - April 4, 1991
installments, the first of which shall be due on December 1, 1991, and the fourteen
subsequent installments shall be due on June 1 of each and every year thereafter;
3. That the deferred installments of said special assessment roll bear interest at
the rate of 8% to be adjusted to 1% per annum above the average interest rate of any
bonds issued to finance the improvements, commencing December 1, 1991, said interest
to be collected on the due date of the second and subsequent installments of said special
assessment roll; and
4. That the assessment against the properties in the district be revised to the
amount shown below;
Original
Assessor's Estimated Revised
Code Owner Assessment Assessment
09-15-300-002 Ironwood Associates
Limited Partnership
24275 Twelve Mile Rd.
Southfield, MI 48034 $ 515,837.77 $
381,476.00
09-15-300-003 Martin, William
115 Depot St.
Ann Arbor, MI 48104 2,419,888.82
1,459,834.00
09-15-409-004 Parkway Management Co.
2575 Sandalwood Cir.
Ann Arbor, MI 48104 672,554.22 38,653.00
09-15-409-005 First Martin Corp.
115 Depot St.
Ann Arbor, MI 48104 890,132.08
788,781.00
TOTAL PROPERTY SHARE $4,498,412.89
$2,668,744.00
Councilmember Hunter moved that the resolution be adopted.
Councilmember Sheldon moved that the resolution be tabled to the April 15, 1991 regular
session of Council to address concerns with the notification requirement.
Council - April 4, 1991 1163
On a voice vote the Chair declared the motion carried and the resolution tabled.
****************************************************************
R-172-4-91 APPROVED
RESOLUTION NO. 4 - CONFIRM ASSESSMENT ROLL FOR
PLYMOUTH ROAD RECONSTRUCTION - PHASES I AND II
Whereas, The City Council, after due and legal notice, has met for the purpose of
assessing the private property's share of the cost of acquiring and constructing roadway
improvements described as follows:
Plymouth Road Reconstruction Project;
District No. 19, File No. 85113;
Whereas, The City Council has heard all persons interested in the necessity of the
improvement or aggrieved by the special assessment roll and has considered any and all
objections thereto;
Whereas, The second resolution, R-16-1-90, approved by the Council on January
22, 1991, stipulates that an amount of $93,505.56 be paid by special assessment upon the
property specially benefitted within the City; and
Whereas, Such amount was determined after receiving bids on March 9, 1990;
RESOLVED,
1. That said special assessment roll as prepared by the City Assessor be
hereby confirmed in the amount of $93,505.56 and designated as Road Improvements
Special Assessment District No. 19, File No. 85113;
2. That said special assessment roll be divided into fifteen equal annual
installments, the first of which shall be due on June 1, 1991, and the fourteen subsequent
installments shall be due on June 1 of each and every year thereafter;
3. That the deferred installments of said special assessment roll bear interest at
the rate of 8% to be adjusted to 1% per annum above the average interest rate of any
bonds issued to finance the improvements, commencing June 1, 1991, said interest to be
collected on the due date of the second and subsequent installments of said special
1164 Council - April 4, 1991
assessment roll; and
4. That the amount of the improvement costs designated as future recoverable
shall, when imposed on the property, include interest at an amount then determined by
Council, but not less than 7%.
Councilmember Sheldon moved that the resolution be adopted.
On a voice vote the Chair declared the motion carried.
****************************************************************
TABLED
RESOLUTION NO. 4 - CONFIRM ASSESSMENT ROLL FOR
INDEPENDENCE BOULEVARD ROAD IMPROVEMENTS
Whereas, The City Council, after due and legal notice, has met for the purpose of
assessing the private property's share of the cost of acquiring and constructing roadway
improvements described as follows:
Independence Boulevard Road Improvements Project
District No. 21, File No. 89029;
Whereas, The City Council has heard all persons interested in the necessity of the
improvement or aggrieved by the special assessment roll and has considered any and all
objections thereto;
Whereas, The second resolution, R-17-1-91, approved by the Council on January
22, 1991, stipulates that an amount of $434,535.06 be paid by special assessment upon
the property specially benefitted within the City;
Whereas, Such amount was determined prior to receiving bids;
Whereas, Based on bids received on March 20, 1991 the projected amount of
special assessment for this project (District 21) is $307,024.26; and
Whereas, The existing improvement charges from previously constructed projects
(Gladstone Storm Sewer Oversizing, District No. 67) amount to $28,929.38;
RESOLVED,
Council - April 4, 1991 1165
1. That said special assessment roll as prepared by the City Assessor be
hereby confirmed in the amount of $335,953.64 and designated as Road Improvements
Special Assessment District No. 21, File No. 89029;
2. That said special assessment roll be divided into fifteen equal annual
installments, the first of which shall be due on December 1, 1991, and the fourteen
subsequent installments shall be due on June 1 of each and every year thereafter;
3. That the deferred installments of said special assessment roll bear interest at
the rate of 8% to be adjusted to 1% per annum above the average interest rate of any
bonds issued to finance the improvements, commencing December 1, 1991, said interest
to be collected on the due date of the installments of said special assessment roll; and
4.That the assessment against the properties in the district be
adjusted to the amount shown below;
Prior Charges
Original Revised Storm Sewer
Assessor's EstimatedEstimated District #67
Code/Owner Cost Cost (Gladstone) Total
81-12-03-202-005 $14,688.83 $ 9,746.36 $1,180.79 $10,927.15
Goldstein, Stephen
Neff, Debra
1945 Independence
Ann Arbor, MI 48104
81-12-03-202-006 13,319.36 10,072.44 1,180.79 11,253.23
Walters & Hoogendyk
1955 Independence
Ann Arbor, MI 48104
81-12-03-202-007 15,725.79 11,486.76 1,115.18 12,601.94
Kabamba, P. & J.
1965 Independence
Ann Arbor, MI 48104
Prior Charges
Original Revised Storm Sewer
Assessor's EstimatedEstimated District #67
Code/Owner Cost Cost (Gladstone) Total
1166 Council - April 4, 1991
81-12-03-202-008 $ 15,648.95 $ 11,781.46 N/A $ 11,781.46
Patrickson, David J.
1915 Independence
Ann Arbor, MI 48104
81-12-03-202-009 6,915.83 5,034.07 N/A 5,034.07
Brown, Allan
1920 Camelot Rd.
Ann Arbor, MI 48104
81-12-03-205-006 16,895.76 12,038.74 1,311.99 13,350.73
Koziol, Wladyslaw
2005 Independence
Ann Arbor, MI 48104
81-12-03-205-007 12,912.47 9,411.86 1,311.99 10,723.85
Bacelis, Omar W.
2015 Independence
Ann Arbor, MI 48104
81-21-03-205-008 12,912.47 10,031.17 1,311.99 11,343.16
Mueller, Neil E.
2020 Camelot Rd.
Ann Arbor, MI 48104
81-12-03-205-009 12,912.47 9,028.33 1,311.99 10,340.32
NBD
P.O. Box 7061
Troy, MI 48007
81-12-03-205-010 12,912.47 9,047.03 1,311.99 10,359.02
Muirhead, Robb & V.
2480 Kimberley Rd.
Ann Arbor, MI 48104
Prior Charges
Original Revised Storm Sewer
Assessor's EstimatedEstimated District #67
Council - April 4, 1991 1167
Code/Owner Cost Cost (Gladstone) Total
81-12-03-206-001 $ 46,663.67 $ 28,878.23 $ 1,377.59 $30,255.82
Good Shepherd Church
2145 Independence
Ann Arbor, MI 48104
81-12-03-206-004 19,024.36 13,280.08 1,902.39 15,182.47
Good Shepherd Church
2145 Independence
Ann Arbor, MI 48104
81-12-03-206-005 13,941.54 9,626.55 1,377.59 11,004.14
Schuler, Caroline
2117 Independence
Ann Arbor, MI 48104
81-12-03-206-006 13,941.54 10,767.62 1,377.59 12,145.21
Schuler, Caroline
2117 Independence
Ann Arbor, MI 48104
81-12-03-220-006 14,402.88 9,917.89 1,508.79 11,426.68
Weber, Verne & Joanne
2150 Independence
Ann Arbor, MI 48104
81-12-03-220-007 13,875,04 9,209.13 1,443.19 10,652.32
Weber, Verne & Joanne
2150 Independence
Ann Arbor, MI 48104
81-12-03-221-001 13,119.86 8,699.91 1,377.59 10,077.50
Vanden Bosch, J.L. & T.
2500 Kimberley Rd.
Ann Arbor, MI 48104
Prior Charges
Original Revised Storm Sewer
1168 Council - April 4, 1991
Assessor's EstimatedEstimated District #67
Code/Owner Cost Cost (Gladstone) Total
81-12-03-221-002 $ 13,119.86 $ 9,324.71 $ 1,377.59 $ 10,702.30
Stone, Dennis W.
2030 Independence
Ann Arbor, MI 48104
81-12-03-221-003 13,119.86 10,294.91 1,377.59 11,672.50
Bertz, Elizabeth
2014 Independence
Ann Arbor, MI 48104
81-12-03-221-004 17,529.24 13,072.03 N/A 13,072.03
Bertz, Elizabeth
2014 Independence
Ann Arbor, MI 48104
81-12-03-222-010 11,011.92 8,356.64 N/A 8,356.64
Decker, M.A. & Horan, M.
1954 Independence
Ann Arbor, MI 48104
81-12-03-222-015 9,860.19 7,835.09 N/A 7,835.09
Doernte, Dean & Linda
1960 Independence
Ann Arbor, MI 48104
81-12-03-222-018 9,243.93 6,002.89 N/A 6,002.89
Frank, Anthony & S.
2500 Gladstone Ave.
Ann Arbor, MI 48104
81-12-03-222-019 14,068.73 9,925.83 N/A 9,925.83
Tungol, J. & I.
1962 Independence
Ann Arbor, MI 48104
Prior Charges
Council - April 4, 1991 1169
Original Revised Storm Sewer
Assessor's EstimatedEstimated District #67
Code/Owner Cost Cost (Gladstone) Total
81-12-03-223-003 $ 10,586.02 $ 8,112.25 N/A $ 8,112.25
Mays, James & E.
1910 Independence
Ann Arbor, MI 48104
81-12-03-223-004 9,586.30 6,977.92 N/A 6,977.92
Kolling, Josef & B.
1914 Independence
Ann Arbor, MI 48104
81-12-03-224-001 14,148.93 9,408.50 1,443.19 10,851.69
Bartolacci, Donald
2504 Powell Ave.
Ann Arbor, MI 48104
81-12-03-224-008 14,148.93 9,874.53 1,443.19 11,317.72
Robinson, T & L-R E.
2100 Independence
Ann Arbor, MI 48104
81-12-03-224-009 14,148.93 9,966.20 1,443.19 11,409.39
Salliotte, Lawr & Deb
2110 Independence
Ann Arbor, MI 48104
81-12-03-224-010 14,148.93 9,815.13 1,443.19 11,258.32
Ogenovski, Vladimir & Vesna
2120 Independence
Ann Arbor, MI 48104
TOTALS $434,535.06 $307,024.26 $28,929.38
$335,953.64
5. That the amount of the improvement costs designated as future recoverable
shall, when imposed on the property, include interest at an amount then determined by
Council, but not less than 7%.
1170 Council - April 4, 1991
Councilmember Sheldon moved that the resolution be adopted.
Councilmember Meade moved that the resolution be tabled to the April 15, 1991 regular
session of Council.
On a voice vote the Chair declared the motion carried and the resolution tabled.
****************************************************************
R-173-4-91 APPROVED
RESOLUTION NO. 4 - CONFIRM ASSESSMENT ROLL FOR
WESTOVER HILLS SUBDIVISION SANITARY SEWER
Whereas, The City Council, after due and legal notice, has met for the purpose of
assessing the private property's share of the cost of acquiring and constructing a sanitary
sewer described as follows:
Westover Hills Sanitary Sewer Project
District No. 460, File No. 89055;
Whereas, The City Council has heard all persons interested in the necessity of the
improvement or aggrieved by the special assessment roll and has considered any and all
objections thereto;
Whereas, The second resolution, R-18-1-91, approved by the Council on January
22, 1991, stipulates that an amount of $108,375.00 be paid by special assessment upon
the property specially benefitted within the City;
Whereas, Such amount was determined prior to receiving bids; and
Whereas, Based on bids received on March 19, 1991, the projected amount of
special assessment is $67,779.36;
RESOLVED,
1. That said special assessment roll as prepared by the City Assessor be
hereby confirmed in the amount of $67,779.36 and designated as Sanitary Sewer Special
Assessment District No. 460, File No. 89055;
2. That said special assessment roll be divided into fifteen equal annual
Council - April 4, 1991 1171
installments, the first of which shall be due on December 1, 1991, and the fourteen
subsequent installments shall be due on June 1 of each and every year thereafter;
3. That the deferred installments of said special assessment roll bear interest at
the rate of 8% to be adjusted to 1% per annum above the average interest rate of any
bonds issued to finance the improvements, commencing December 1, 1991, said interest
to be collected on the due date of the installments of said special assessment roll; and
4. That the assessment against the properties in the district be adjusted to the
amount shown below:
Original Revised
Assessor's Estimated Estimated
Code Owner Cost Cost
08-25-217-001 Model Cities Health $ 7,225.00 $ 4,236.21
Lot 76 Center, Inc.
Westover Hills 267 Wagner Rd.
Ann Arbor, MI 48103
08-25-217-002 William & Ella Callaway 7,225.00 4,236.21
Lot 62 204 Westover Ave.
Westover Hills Ann Arbor, MI 48103
08-25-217-004 Ronald & Jan Hodge 7,225.00 4,236.21
Lot 73 5135 Jackson Rd.
Westover Hills Ann Arbor, MI 48103
08-25-217-005 Eleanora Gardner 7,225.00 4,236.21
Lot 69 249 Wagner Rd.
Westover Hills Ann Arbor, MI 48103
08-25-217-006 Gerald & M. Williams 7,225.00 4,236.21
Lot 67 212 Westover Ave.
Westover Hills Ann Arbor, MI 48103
08-25-218-001 Ernest & Agnes Kuebler 7,225.00 4,236.21
Lot 96 263 Westover Ave.
Westover Hills Ann Arbor, MI 48103
08-25-219-001 Ernest & Agnes Kuebler 14,450.00 8,472.42
Lots 90 & 91 263 Westover Ave.
Westover Hills Ann Arbor, MI 48103
1172 Council - April 4, 1991
Original Revised
Assessor's Estimated Estimated
Code Owner Cost Cost
08-25-219-002 Arnold & M. Mickelson $ 7,225.00 $ 4,236.21
Lot 88 235 Westover Ave.
& N'ly 10 ft. Ann Arbor, MI 48103
of Lot 89
Westover Hills
08-25-219-004 Robert Schwartzenberger 7,225.00 4,236.21
Lot 86 213 Westover Ave.
Westover Hills Ann Arbor, MI 48103
08-25-219-005 Mariane Martin 7,225.00 4,236.21
Lots 81 & 82 3415 Porter Ave.
Westover Hills Ann Arbor, MI 48103
08-25-219-006 John & J.I. Scarbrough 7,225.00 4,236.21
Lots 84 & 85 211 Westover Ave.
Westover Hills Ann Arbor, MI 48103
08-25-219-007 Ernest & Agnes Kuebler -0- 4,236.21
S'ly 40 ft. of 263 Westover Ave.
Lot 89 Ann Arbor, MI 48103
Westover Hills
08-25-220-002 Randall & K. McClure 7,225.00 4,236.21
Lot 36 3412 Porter Ave.
Westover Hills Ann Arbor, MI 48103
08-25-220-003 Richard & M. Sayre 7,225.00 4,236.21
Lot 35 3404 Porter Ave.
Westover Hills Ann Arbor, MI 48103
08-25-220-009 Esther Yek 7,225.00 4,236.21
Lot 83 3390 Porter Ave.
Westover Hills Ann Arbor, MI 48103
TOTALS $108,375.00 $67,779.36
Council - April 4, 1991 1173
5. That the amount of the improvement costs designated as future recoverable
shall, when imposed on the property, include interest at an amount then determined by
Council, but not less than 7%.
Councilmember Meade moved that the resolution be adopted.
On a voice vote the Chair declared the motion carried.
****************************************************************
R-174-4-91 APPROVED
RESOLUTION NO. 4 - CONFIRM ASSESSMENT ROLL FOR
HURON PARKWAY WATER MAIN EXTENSION
Whereas, The City Council, after due and legal notice, has met for the purpose of
assessing the private property's share of the cost of acquiring and constructing a water
main described as follows:
Huron Parkway Water Main Extension Project
District No. 90080, File No. 90080;
Whereas, The City Council has heard all persons interested in the necessity of the
improvement or aggrieved by the special assessment roll and has considered any and all
objections thereto;
Whereas, The second resolution, R-20-1-91, approved by the Council on January
22, 1991, stipulates that an amount of $214,506.72 be paid by special assessment upon
the property specially benefitted within the City;
Whereas, Such amount was determined prior to receiving bids; and
Whereas, Based on bids received March 21, 1991, the projected amount of special
assessment is $86,562.19;
RESOLVED,
1. That said special assessment roll as prepared by the City Assessor be
hereby confirmed in the amount of $86,562.19 and designated as Water Main Special
Assessment District No. 90080, File No. 90080;
1174 Council - April 4, 1991
2. That said special assessment roll be divided into fifteen equal annual
installments, the first of which shall be due on December 1, 1991, and the fourteen
subsequent installments shall be due on June 1 of each and every year thereafter;
3. That the deferred installments of said special assessment roll bear interest at
the rate of 8% to be adjusted to 1% per annum above the average interest rate of any
bonds issued to finance the improvements, commencing December 1, 1991, said interest
to be collected on the due date of the installments of said special assessment roll; and
4. That the assessment against the properties in the district be adjusted to the
amount shown below;
Original Revised
Assessor's Estimated Estimated
Code Owner Cost Cost
09-22-100-001 Warner Lambert/ $111,369.62 $43,577.18
Parke-Davis
2800 Plymouth Rd.
Ann Arbor, MI 48106
09-22-100-003 E.R.I.M. 92,006.72 37,056.38
3300 Plymouth Rd.
Ann Arbor, MI 48105
09-22-100-004 Warner Lambert/ 11,130.38 5,928.63
Parke-Davis
2800 Plymouth Rd.
Ann Arbor, MI 48106
TOTALS $214,506.72 $86,562.19
Councilmember Hunter moved that the resolution be adopted.
On a voice vote the Chair declared the motion carried.
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Council - April 4, 1991 1175
R-175-4-91 APPROVED
RESOLUTION TO APPROVE AMENDMENT TO
RECYCLING PROCESSING AGREEMENT WITH
THE UNIVERSITY OF MICHIGAN
Whereas, The City of Ann Arbor and the University of Michigan have continually
expressed at every administrative and political level their mutual interest and intent to work
cooperatively on solid waste projects;
Whereas, Both the City and University embrace the need and recognize the
economies of scale in developing and cooperating on regional solutions to the solid waste
crisis and therefore not duplicate efforts or investments;
Whereas, The Ann Arbor City Council unanimously approved the Recycling
Processing Agreement with the University of Michigan on November 5, 1990; and
RESOLVED, That the University has recommended an amendment to Appendix B
of the agreement concerning the disposition of its $107,500.00 capital investment in the
event of termination by either party for just cause;
RESOLVED, That the City of Ann Arbor approve the following amendment to
Appendix B, Section 3 of the Recycling Processing Agreement with the University of
Michigan;
"If the University terminates this Agreement without cause or the City
terminates with cause pursuant to Section II B, the City will retain ownership of
the assets purchased with the capital provided by the University. If the City
terminates this Agreement without cause or the University terminates with
cause pursuant to Section II B, the City will pay the University the fair market
value of the equipment purchased by the City with the capital provided by the
University, following appropriate appraisal by a mutually acceptable third party
and in accordance with any applicable federal or state regulations"; and
RESOLVED, That the Mayor and City Clerk be authorized to sign this amended
agreement on behalf of the City of Ann Arbor, such agreement retroactive to November 1,
1990.
Councilmember Meade moved that the resolution be adopted.
On a voice vote the Chair declared the motion carried.
1176 Council - April 4, 1991
****************************************************************
R-176-4-91 APPROVED
RESOLUTION TO INCREASE FEES FOR
DOCUMENTS PROVIDED BY POLICE RECORDS
Whereas, The Police Department has historically collected fees for copies of reports,
photographs, fingerprints, credential letters, and criminal records checks;
Whereas, The fees have not been raised since at least 1985, and in some cases
1980;
Whereas, Operation and production costs have risen since 1985; and
Whereas, It is reasonable to recover the costs associated with providing the service;
RESOLVED, That fees for the following document services be raised as shown
below:
Accident Reports from $2.00/ea. to $3.00/ea.
Fingerprints from $2.00/ea. to $3.00/card
Credential Letters from $2.00/ea. to $3.00/ea.
Criminal Records Check from $2.00/name to $3.00/name
8 x 10 Accident Photo from $5.00/ea. to $8.50/ea.
Pocket Size Accident Photo from $2.50/ea. to $3.50/ea.
Councilmember Meade moved that the resolution be adopted.
On a voice vote the Chair declared the motion carried.
****************************************************************
R-177-4-91 APPROVED
RESOLUTION TO APPROVE PROFESSIONAL SERVICES AGREEMENT
WITH ENGINEERING AND TESTING SERVICES, INC. FOR TESTING
FOR THE STADIUM BOULEVARD RECONSTRUCTION PROGRAM -
FROM WASHTENAW AVENUE TO BROCKMAN BOULEVARD
Whereas, It is necessary to employ a qualified testing firm to perform essential
testing for the Stadium Boulevard Reconstruction Project (Washtenaw Avenue to
Brockman Street);
Council - April 4, 1991 1177
Whereas, Proposals for this testing were received and evaluated by the Engineering
Department on the basis of qualifications and fees;
Whereas, Engineering and Testing Services, Inc. has demonstrated the required
experience, personnel and competitive fee schedule to perform the work;
Whereas, On April 4, 1991, the Personnel/Human Rights Department gave
approval of said company for said work; and
Whereas, On September 10, 1990 (Council Resolution No. R-484-9-90), Council
appropriated sufficient funds to cover the cost of this contract;
RESOLVED, That Council authorize a professional service agreement in the
standard City form in the amount of $45,000.00 with Engineering and Testing Services,
Inc. for construction testing and inspection services on the Stadium Boulevard
Reconstruction Project (from Washtenaw Avenue to Brockman Street); and
RESOLVED, That the Mayor and Clerk be authorized and directed to execute said
agreement after approved as to form by the City Attorney and approved as to substance by
the City Administrator.
Councilmember Hunter moved that the resolution be adopted.
On a voice vote the Chair declared the motion carried.
****************************************************************
R-178-4-91 APPROVED
RESOLUTION PROCLAIMING C.O.P.E. - O'BRIEN
CENTER DAY, APRIL 26, 1991
Whereas, The City Council of Ann Arbor wishes to honor and pay tribute to an
organization that provides valuable youth services to our community;
Whereas, The Francis L. O'Brien Center for Youth Development - Center for
Occupational and Personalized Education, Incorporated known as the C.O.P.E. - O'Brien
Center was founded in March, 1971 by former Juvenile Court Judge Francis L. O'Brien to
provide local therapeutic and educational services for troubled adolescent youth as an
alternative to institutional placement;
1178 Council - April 4, 1991
Whereas, Over the years the Center's range of services have expanded to include
day treatment programming, emergency shelter foster care, academic and remedial
instruction and employment training, school dropout and delinquency prevention services;
Whereas, Since its inception over 200 youth annually and about 3,000 youth have
benefited from the Center's programs during its twenty years of operation; and
Whereas, The C.O.P.E. - O'Brien Center is celebrating twenty years of service with
an Anniversary Banquet;
RESOLVED, That the Mayor and Council of the City of Ann Arbor, Michigan do
hereby proclaim April 26, 1991 as C.O.P.E. - O'Brien Center Day in the City of Ann Arbor
and commend the Center's Board of Directors and staff for their many contributions to the
youth of our area and wish them continued success in their future endeavors.
Councilmember Hunter moved that the resolution be adopted.
On a voice vote the Chair declared the motion carried.
****************************************************************
R-179-4-91 APPROVED
RESOLUTION DENYING SPECIAL EVENTS PERMIT
FOR DELTA SIGMA PHI FRATERNITY
RESOLVED, That the Special Events Permit filed by Delta Sigma Phi Fraternity
requesting the closing of South Forest St. between Hill Street and Willard Street on April
13, 1991 be denied.
Councilmember Hunter moved that the resolution be adopted.
On a voice vote the Chair declared the motion carried.
REPORTS FROM COUNCIL COMMITTEES
COUNCILMEMBER SHELDON
Councilmember Sheldon reported that the Housing Board of Appeals and the Historic
District Commission are considering a change in the Housing Code that would affect
Council - April 4, 1991 1179
handrails.
Councilmember Sheldon further reported that copies of the corrected Family Definition
Ordinance are now available to the public, and that citizens should check with the City
Clerk's Office for the corrected version.
COUNCIL PROPOSED BUSINESS
None.
COMMUNICATIONS FROM THE MAYOR
APPOINTMENTS APPROVED
Council unanimously concurred with the Mayor's recommendations for appointments made
at the March 25, 1991 regular session of Council as follows:
DOWNTOWN DEVELOPMENT AUTHORITY
Lorri D. Sipes (to replace Sandra Campbell)
208 W. Liberty St.
Term: 4/4/91 to 7/17/92
BOARD OF EXAMINERS OF ELECTRICIANS AND ELECTRICAL
CONTRACTORS
Kenneth J. Wadland (to replace Lyle Laidlaw)
308 W. Jefferson St.
Term: 4/4/91 to 9/8/91
HOUSING POLICY BOARD
Abraham Kadushin
2866 Baylis Dr.
Term: 4/4/91 to 4/3/94
Timothy P. Wintermute (to replace Robert Wallace)
920 Greene St.
Term: 4/4/91 to 1/8/92
1180 Council - April 4, 1991
COMMUNICATIONS FROM THE CITY ADMINISTRATOR
REPORTS SUBMITTED
Acting City Administrator Mason submitted the following reports for information of Council:
1. Solid Waste Department Progress Report - April 1991
2. Ozone Study for Ann Arbor Water Treatment Plant
3. Safety Test for Handgun Purchase Permits (PA 320 of 1990)
4. Video Cameras on Police Vehicles
5. Plaza Repairs at Ann Arbor Federal Building
6. Police Department Citizen Ride-Along Program
7. University of Michigan Request for Proposal - Disposal of Scrap Wood and Wood
Pallets
8. Use of Mace by Police Department
(Reports on file in the City Clerk's Office)
COMMUNICATIONS FROM THE CITY ATTORNEY
FAMILY DEFINITION ORDINANCE
City Attorney R. Bruce Laidlaw reported that the problem with the Family Definition
ordinance amendments has been straightened out and that the corrected ordinance is
available to the public.
DOOLEY'S LIQUOR LICENSE
Mr. Laidlaw reported that he received a settlement proposal from the Attorney General and
the attorney representing Dooley's. The settlement proposes that Dooley's receive a
suspension and a permanent imposition of a "21 and over" rule for admittance to the
facility. Mr. Laidlaw stated that the proposal is subject to approval by the City of Ann Arbor
and that he will submit further information in writing.
Council - April 4, 1991 1181
COMMUNICATIONS FROM COUNCIL
COUNCILMEMBER BORDA
Councilmember Borda thanked fellow Councilmembers for working with him during the
past two years, and stated that he enjoyed working with all members, especially with
Councilmember Peterson on Fifth Ward constituent services.
COUNCILMEMBER SCHLEICHER
Councilmember Schleicher stated that he enjoyed his four years on Council regardless of
differences on the floor, and thanked the staff for their help during the last four years.
COUNCILMEMBERS HUNTER, BRATER, OUIMET, PETERSON AND SHELDON
Councilmembers Hunter, Brater, Ouimet, Peterson and Sheldon presented their farewells
to the outgoing Mayor and Councilmembers.
CLERK'S REPORT OF COMMUNICATIONS, PETITIONS AND REFERRALS
The following communications were referred as indicated:
1. Communication from Conrad S. Yocum, 2080 Newport Rd., protesting proposed
Ordinance No. 8-91 (Jennings Newport Heights Subdivision Zoning) - Planning.
2. Board of Canvassers Report for the April 1, 1991 General City Election - File.
(See Pages 1183-1197)
The following minutes were received for file:
1. Planning Commission - February 12 and 26, 1991
2. Market Commission - January 17 and February 28, 1991
3. Ann Arbor Transportation Authority - February 20, 1991
4. Housing Policy Board - February 20 and March 20, 1991
5. Sign Board of Appeals - February 12, 1991
1182 Council - April 4, 1991
6. Commission on Handicapper Concerns - January 22, 1991
7. Employees' Retirement System Board - January 9 and February 13, 1991
8. Historic District Commission - May 10, June 14, July 12, August 16, September 13,
September 20, December 13, 1990 and February 14, 1991
9. Zoning Board of Appeals - December 19, 1990
Council unanimously agreed that the Clerk's Report be accepted.
AUDIENCE PARTICIPATION - General
None.
ADJOURNMENT
There being no further business to come before Council, it was moved by Councilmember
Brater that the meeting be adjourned.
On a voice vote the Chair declared the motion carried and the meeting adjourned at 9:34
p.m.
W. Northcross
Clerk of the Council
Janet L. Chapin
Recording Secretary