Title
REGULAR SESSION - OCTOBER 21, 1991
Body
Council - October 21, 1991 1
The regular session of the Ann Arbor City Council was called to order at 7:35 p.m. by
Mayor Elizabeth S. Brater.
Council stood for a moment of silence.
Mayor Brater led the Pledge of Allegiance.
ROLL CALL OF COUNCIL
Present: Councilmembers Larry Hunter, Ann Marie Coleman, Ingrid Sheldon,
Kirk Dodge, Robert Grady, Nelson Meade, Kurt Zimmer, Mark
Ouimet, Thais Anne Peterson, Robert Eckstein, Mayor Elizabeth S.
Brater, 11
Absent: 0
INTRODUCTIONS
PRESENTATION OF UNITED NATIONS DAY PROCLAMATION BY MAYOR BRATER
Mayor Brater presented a proclamation declaring October 24 as United Nations Day to
June Reston, president of the Huron Valley Chapter of the United Nations Association of
the United States, and Toni Gonzalez, vice president. This is the 46th year of the United
Nations.
ANN ARBOR SUMMER FESTIVAL PRESENTATION BY SUSAN POLLAY, RUTH
WHITAKER AND EMMY HARRIS
Ann Arbor Summer Festival, Inc. representatives Susan Pollay, Ruth Whitaker president of
the Board of Trustees, and Amy Harris, Development person of the Festival, all presented
a report on activities of this year's Festival. City funds are used to sponsor free programs at
the "Top of the Park."
AUDIENCE PARTICIPATION - RESERVED TIME
MATT COMMERS - NOISE ORDINANCE
Matt Commers, 619 E. University, representing the Inter-Fraternity Council, said that
initially recommendation to this body from the Noisy Party Task Force was a jail sentence
2 Council - October 21, 1991
for a third violation. He said that a compromise was reached to recommend community
service instead.
LEO SIMON - DOMESTIC PARTNERSHIP ORDINANCE
Leo Simon, 2760 Holyoke, submitted a written statement which was filed with the City
Clerk. He spoke against the proposed Domestic Partnership Ordinance. He said that the
wording was ambiguous and that the ordinance distorts the true meaning of family. He said
that its enactment will not provide appropriate public recognition, but rather, public
indignation.
TOM NASH - DOMESTIC PARTNERSHIP ORDINANCE
Tom Nash, 2435 Traver, opposed the proposed Domestic Partnership Ordinance. He
cited many instances where the ordinance may contribute to unacceptable behavior. He
expressed the opinion that the ordinance could lead to serious social consequences,
damage and death.
PAUL REIMANN - DOMESTIC PARTNERSHIP ORDINANCE
Paul Reimann, 1167 Pomona, said that approval of the Domestic Partnership Ordinance
would encourage the wrong types of moral behavior. He said that straight people are being
imposed upon as a result of recent judicial rulings, and that consciences are being
conditioned to think that a lesbian or gay lifestyle is acceptable.
BRENDON QUILTER - DOMESTIC PARTNERSHIP ORDINANCE
Brendon Quilter, 459 Skydale, said that he is against the Domestic Partnership Ordinance.
He said that laws against practices outlined in the ordinance are still on the books. He
asked Council to examine all ramifications.
CHARLES GRAHAM - DOMESTIC PARTNERSHIP ORDINANCE
Charles Graham, 1800 Hanover, expressed concern over the impact the Domestic
Partnership Ordinance would have on the community, particularly children from nonmarried
heterosexual relationships, its impact on the City's budget and on health care
systems.
Council - October 21, 1991 3
PUBLIC HEARINGS
CHO LAND DIVISION
A public hearing was conducted on the Cho Land Division, 0.43 acre, 3190 Lorraine Street.
There being on one to speak at this public hearing the Chair declared the hearing closed.
DAY PROPERTY REZONING
A public hearing was conducted on the proposed Amendment to Chapter 55, the rezoning
of 0.19 acre from TWP (Township District) to R1C (Single-Family Dwelling District), Day
Property, 350 Rose Drive (Ordinance No. 51-91)
There being on one to speak at this public hearing, the Chair declared the hearing closed.
GRAMMATICO PROPERTY REZONING
A public hearing was conducted on the proposed Amendment to Chapter 55, the rezoning
of 0.48 acre from TWP (Township District) to R1B (Single-Family Dwelling District),
Grammatico Property, 1605 North Maple Road (Ordinance No. 52-91)
There being on one to speak at this public hearing, the Chair declared the hearing closed.
HAMMOND PROPERTY REZONING
A public hearing was conducted on the proposed Amendment to Chapter 55, the rezoning
of 0.41 acre from TWP (Township District) to R1C (Single-Family Dwelling District),
Hammond Property, 426 Rose Drive (Ordinance No. 53-91)
There being on one to speak at this public hearing, the Chair declared the hearing closed.
4 Council - October 21, 1991
HUIZINGA PROPERTY REZONING
A public hearing was conducted on the proposed Amendment to Chapter 55, the rezoning
of 0.17 acre from TWP (Township District) to R1C (Single-Family Dwelling District),
Huizinga Property, northwest corner of Robert and Victoria Avenue (Ordinance No. 54-91)
There being on one to speak at this public hearing, the Chair declared the hearing closed.
KAPP PROPERTY REZONING
A public hearing was conducted on the proposed Amendment to Chapter 55, the rezoning
of 0.39 acre from TWP (Township District) to R1C (Single-Family Dwelling District), Kapp
Property, 330 Rose Drive (Ordinance No. 55-91).
There being on one to speak at this public hearing, the Chair declared the hearing closed.
MCGEE PROPERTY REZONING
A public hearing was conducted on the proposed Amendment to Chapter 55, the rezoning
of 0.53 acre from TWP (Township District) to R1C (Single-Family Dwelling District), McGee
Property, 3270 Valley Drive (Ordinance No. 56-91).
There being no one to speak at this public hearing, the Chair declared the hearing closed.
SINDLINGER PROPERTY REZONING
A public hearing was conducted on the proposed Amendment to Chapter 55, the rezoning
of 0.25 acre from TWP (Township District) to R1C (Single-Family Dwelling District),
Sindlinger Property, 390 Glenwood (Ordinance No. 57-91).
There being no one to speak at this public hearing, the Chair declared the hearing closed.
Council - October 21, 1991 5
SPRIK PROPERTY REZONING
A public hearing was conducted on the proposed Amendment to Chapter 55, the rezoning
of 0.20 acre from TWP (Township District), to R1C (Single-Family Dwelling District), Sprik
Property, 3245 Kingwood (Ordinance No. 58-91).
There being no one to speak at this public hearing, the Chair declared the hearing closed.
WILLIAM AND FIRST PARKING RATES
A public hearing was conducted on the proposed William and First Parking Lot Rates -
$40.00 per month.
There being no one to speak at this public hearing, the Chair declared the hearing closed.
APPROVAL OF AGENDA
Councilmember Coleman moved that the agenda be approved with the following changes:
ORDINANCES - SECOND READING
Delete: Ordinance Adding new Chapter 110 - Domestic Partnerships
(Ordinance No. 62-91) - Public hearing and second reading
scheduled for November 4, 1991
MOTIONS AND RESOLUTIONS
Revised: Resolution Supporting Cooperation Between the City of Ann Arbor
and Washtenaw County to Reduce Duplication of Governmental
Services
Communication: Communication from Gary Hillman, president of The 3rd Coast, Inc.,
regarding the Class C Resort liquor license transfer to 613-615 E.
William Street.
Delete: Resolution to Approve Library Block Study
Delete: Resolution Regarding Domestic Partnership Benefits
(Councilmember Coleman)
Add: Resolution Regarding Michigan Senate Bill #522 (Councilmember
Eckstein)
6 Council - October 21, 1991
COMMUNICATIONS FROM THE MAYOR
Revised: Appointments
COMMUNICATIONS FROM THE CITY ADMINISTRATOR
Add: Availability of Quarterly Report on Line-item Budget Transfers
Add: City of Ann Arbor 1990-1991 Annual Report
On a voice vote, the Chair declared the motion carried.
APPROVAL OF COUNCIL MINUTES
MINUTES APPROVED AS PRESENTED
Councilmember Eckstein moved that the special session minutes of September 30, 1991
and regular session minutes of October 7, 1991 be approved as presented.
On a voice vote, the Chair declared the motion carried.
CONSENT AGENDA
CONSENT AGENDA APPROVED
The following Consent Agenda was approved:
R-600-10-91 APPROVED
RESOLUTION TO APPROVE BATES ANNEXATION
A communication was received from the City Planning Commission transmitting its
recommendation of approval (8 yeas and 0 nays) of the Bates Annexation, 0.44 acre, 303
Glenwood.
Whereas, The territory hereinafter described is located in the
township of Scio and is adjacent to the corporate limits of the City of Ann
Arbor;
Whereas, Richard and Bona Jean Bates are the owners of the
Council - October 21, 1991 7
property; and
Whereas, It is the desire of Richard and Bona Jean Bates to annex
said territory to the City of Ann Arbor, pursuant to the provisions of Act 279 of
the Public Acts of the State of Michigan for the year 1909, as amended;
RESOLVED, That the following described lands and premises
situated and being in the Township of Scio, Washtenaw County, Michigan,
be detached from said Township of Scio and annexed to the City of Ann
Arbor, to-wit:
Lots 24 and 26 of The Evergreens, Scio Township,
Washtenaw County.
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R-601-10-91 APPROVED
RESOLUTION TO APPROVE CHO LAND DIVISION
A communication was received from the City Planning Commission transmitting its
recommendation of approval (6 yeas and 0 nays) of the Cho Land Division, 0.43 acre,
3190 Lorraine Street.
Whereas, Kyung H. Cho has requested approval of the division of the
existing parcel at 2190 Lorraine Street into two separate parcels; and
Whereas, The Ann Arbor City Planning Commission, at its meeting of
September 10, 1991, recommended approval of said request;
RESOLVED, That the Cho Land Division is hereby approved.
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R-602-10-91 APPROVED
RESOLUTION TO APPROVE MARCICH/WOODWARD ANNEXATION
A communication was received from the City Planning Commission transmitting its
recommendation of approval (8 yeas and 0 nays) of the Marcich/Woodward Annexation,
0.37 acre, 195 Barton Drive.
Whereas, The territory hereinafter described is located in the
Township of Ann Arbor and is adjacent to the corporate limits of the City of
8 Council - October 21, 1991
Ann Arbor; and
Whereas, Ivo P. Marcich and Heather Woodward are the owners of
the property;
Whereas, it is the desire of Ivo P. Marcich and Heather Woodward to
annex said territory to the City of Ann Arbor, pursuant to the provisions of Act
279 of the Public Acts of the State of Michigan for the year 1909, as
amended;
RESOLVED, That the following described lands and premises
situated and being in the Township of Ann Arbor, Washtenaw County,
Michigan, be detached from said Township of Ann Arbor and annexed to the
City of Ann Arbor, to-wit:
Lot 2, Long Shore Park, City of Ann Arbor, Washtenaw County, Michigan.
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R-603-10-91 APPROVED
RESOLUTION TO APPROVE TALBOT ANNEXATION
A communication was received from the City Planning Commission transmitting its
recommendation of approval (8 yeas and 0 nays) of the Talbot Annexation, 0.42 acre,
1850 Robert Street.
Whereas, The territory hereinafter described is located in the
Township of Pittsfield and is adjacent to the corporate limits of the City of
Ann Arbor;
Whereas, Elsie J. Talbot is the owner of the property; and
Whereas, it is the desire of Elsie J. Talbot to annex said territory to the
City of Ann Arbor, pursuant to the provisions of Act 279 of the Public Acts of
the State of Michigan for the year 1909, as amended;
RESOLVED, That the following described lands and premises
situated and being in the Township of Pittsfield, Washtenaw County,
Michigan, be detached from said Township of Pittsfield and annexed to the
City of Ann Arbor, to-wit:
Lots 21, 22, 25, and the East 5 feet of the North 60 feet of Lot
20, Packard Hills Subdivision, Pittsfield Township, Washtenaw
Council - October 21, 1991 9
County, including adjacent Robert Street and Joseph Street
rights-of-way.
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R-604-10-91 APPROVED
RESOLUTION TO APPROVE THE PURCHASE OF
THREE 4-DOOR PASSENGER CARS AND SIX 3/4 TON
PICKUP TRUCKS - BID NO. 2190, ITEMS #1 AND #5
($114,414.00)
Whereas, Three existing 4-door station wagons and six existing pickup trucks used
by the Utilities Department are fully-depreciated and their economically usable service lives
have been expended;
Whereas, The Purchasing Department has, following the necessary request from
the Utilities Department Field Division, secured competitive bids, No. 2190, item #1, and
Item #5, received September 26, 1991, and has determined that Varsity Ford was the sole
bidder in the amount of $26,370.00 for three 4-door passenger cars, and John Lefere Ford
is the lowest responsible bidder meeting specifications for six 3/4 ton pickup trucks in the
amount of $88,044.00;
Whereas, The Personnel/Human Rights Department has approved Varsity Ford and
John Lefere Ford on October 10, 1991 as meeting the City's Human Rights requirements;
and
Whereas, Funds for the purchase of these replacement vehicles have been
budgeted in the fiscal year 1991-92 operating budget appropriations for water and sanitary
sewer system revolving equipment capital replacements;
RESOLVED, That Council accepts the bid of Varsity Ford in the amount of
$26,370.00 as the sole bidder for the three 4-door passenger cars; and the bid of John
Lefere Ford in the amount of $88,044.00 as the lowest responsible bidder for the six 3/4
ton pickup trucks; and
RESOLVED, That the City Administrator is directed to issue purchase orders in the
amount of $26,370.00 to Varsity Ford to supply the three 4-door passenger cars to John
Lefere Ford in the amount of $88,044.00 to supply the six 3/4 ton pickup trucks as specified
in Bid No. 2190.
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R-605-10-91 APPROVED
10 Council - October 21, 1991
RESOLUTION TO AWARD CONTRACT FOR REPLACEMENT
OF FILTER UNDERDRAINS AT THE
WATER TREATMENT PLANT - BID NO. 2194
($92,000.00)
Whereas, At the Water Treatment Plant the existing underdrains in filters 1-10, the
original 1938 and 1949 installations, are plugged and need to be replaced;
Whereas, It is proposed to replace the underdrains and install surface wash in one
filter at the Water Treatment Plant as a prototype to evaluate the performance and to
finalize the design of this underdrain replacement and filter upgrade;
Whereas, The Purchasing Department has secured competitive bids for this work
and in counsel with the Utilities Department has determined that Lerner-Linden, Inc. has
submitted the lowest responsible bid for said work in the total amount of $83,500.00;
Whereas, The Contractual proposal specifies the services to be performed by the
said company, and the payments to be made by the City, and all are agreeable to the City;
and
Whereas, On September 30, 1991 the Personnel/Human Rights Department
approved Lerner-Linden, Inc. for said contract;
RESOLVED, That the Council accept the proposal and award a contract to Lerner-
Linden, Inc. in the amount of $83,500.00 for the underdrain and surface wash work in one
filter at the Water Treatment Plant;
RESOLVED, That the Council approve the appropriation of a contingency in the
amount of $8,500.00 to finance change orders to be approved by the City Administrator;
RESOLVED, That the Council appropriate $92,000.00 as an interim advance from
the Water Supply System Fund to be repaid by Water Revenue Bond Series R; and
RESOLVED, That the Mayor and the City Clerk are authorized and directed to sign
said contract approved as to form by the City Attorney and approved as to substance by
the City Administrator.
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R-606-10-91 APPROVED
Council - October 21, 1991 11
RESOLUTION TO APPROVE FIVE (5) 1992
FORD TEMPO GL's - BID NO. 2190
(FISCAL YEAR 1991-92) ($47,859.00)
Whereas, The Purchasing Department solicited bids for the purchase of five (5) new
1992 passenger cars;
Whereas, Varsity Ford was the lowest responsible bidder, Bid No. 2190, September
26, 1991, for the purchase of five (5) 1992 Ford Tempo GL's, at a cost of $47, 859.00; and
Whereas, Varsity Ford received City of Ann Arbor Human Rights Approval on May
16, 1991;
RESOLVED, That City Council approve the issuance of a Purchase Order to Varsity
Ford, for $47,859.00.
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R-607-10-91 APPROVED
RESOLUTION TO AWARD CONTRACT TO REPLACE
TWO MOTOR CONTROL CENTERS AT THE WASTEWATER
TREATMENT PLANT - BID NO. 2126
($28,000.00)
Whereas, At the Ann Arbor Wastewater Treatment Plant there are two old motor
control centers, No.'s 2 and 4R, that need to be replaced;
Whereas, The Utilities Department-Wastewater Treatment Division, through the
Purchasing Department, advertised for bids to perform this work as specified in Bid No.
2126;
Whereas, Three (3) bids were received and reviewed, Turner Electric Service Inc. is
recommended as the lowest responsible bidder of a base bid of $25,291.00;
Whereas, On September 25, 1991, the Personnel/Human Rights Department
approved Turner Electric Service Inc. to perform the work; and
Whereas, Funds are available in the FY 91/92 Wastewater Treatment Plant
Operating budget to finance this project;
RESOLVED, That Council accepts the bid and awards the contract to Turner
Electric Service, Inc. for $25,291.00 to perform the work as specified in Bid No. 2126;
12 Council - October 21, 1991
RESOLVED, That Council approve a contingency for this work in the amount of
$2,709.00 to finance change orders to be approved by the City Administrator;
RESOLVED, That the following project budget be adapted for the life of the project,
to be available unit expended without regard to fiscal year;
Contract Work $25,291.00
Contingency $ 2,709.00
$28,000.00
RESOLVED, That the Mayor and Clerk are authorized and directed to sign said
contract approved as to form by the City Attorney, and approved as to substance by the
Administrator.
Funding Source: Sewage Disposal Fund
FY 91/92 Wastewater Treatment Plant Operating Budget.
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R-608-10-91 APPROVED
RESOLUTION TO APPROVE PURCHASE OF CURB INLET
AND MANHOLE CASTINGS - BID NO. 2196
($18,290.00)
Whereas, The Utilities Department Field Services Division revolving supplies
inventory of stormsewer catch basin curb inlet and manhole ring and cover castings needs
to be replenished;
Whereas, The Purchasing Department has secured competitive bids, Bid No. 2196,
received October 2, 1991, and in counsel with the Utilities Department has determined that
Neenah Foundry Company is the lowest responsible bidder for cast iron storm sewer catch
basin curb inlets and cast iron 21" manhole rings and covers in the total amount of
$18,290;
Whereas, On October 10, 1991 the Personnel/Human Rights Department approved
Neenah Foundry Company to provide these castings to the City of Ann Arbor; and
Whereas, These castings will be purchased with the fiscal year 1991/92 operating
budget appropriations in the Water Fund revolving supplies account 042-073-6210-3900
and Sanitary Sewer Fund revolving supplies account 043-073-7210-3900;
Council - October 21, 1991 13
RESOLVED, That Council accept and award the bid for these castings to Neenah
Foundry Company in the total amount of $18,290.00; and
RESOLVED, That the City Administrator is directed to issue a purchase order in the
amount of $18,290.00 to Neenah Foundry Company for these castings.
Funding Source: Water Supply and Sewage Disposal Funds - Revolving Supply Field.
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R-609-10-91 APPROVED
RESOLUTION TO PURCHASE GRANULAR ACTIVATED
CARBON FOR ONE FILTER AT THE WATER TREATMENT
PLANT - BID NO. 2101 ($18,000.00)
Whereas, It is necessary to replace Granular Activated Carbon in one filter at the
Water Treatment Plant;
Whereas, For Bid No. 2101 Calgon Carbon Corporation submitted the low
responsible bid of $21.95/cft on March 22, 1991 and is willing to supply Granular Activated
Carbon at this price now; and
Whereas, On October 10, 1991 the Personnel/Human Rights Department approved
Calgon Carbon Corporation;
RESOLVED, That Council accepts the bid proposal of Calgon Carbon Corporation
and approves the purchase in the amount of $18,000.00 to supply Granular Activated
Carbon at the Water Treatment Plant; and
14 Council - October 21, 1991
RESOLVED, That the City Administrator be directed to issue a purchase order in
the amount of $18,000.00 to Calgon Carbon Corporation to supply Granular Activated
Carbon at the Water Treatment Plant.
Source of Funds: Water Supply System, Water
Treatment Plant FY-91-92
Operations and Maintenance Budget
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R-610-10-91 APPROVED
RESOLUTION TO APPROVE CHANGE ORDER NO. 1
FOR MECHANICAL REPAIRS IN SEDIMENTATION
BASIN #2 AT THE WATER TREATMENT PLANT
BID NO. 2106 ($1,824.00)
Whereas, Goyette Mechanical Company was originally awarded a contract to
perform mechanical repairs on Sedimentation Basin #2 for $30,900.00;
Whereas, Council approved a $3,000.00 contingency in the FY 91/92 Budget for
this project to fund necessary change orders;
Whereas, It was necessary to do extra work at a cost of $1,824.00 in Basin No. 2;
and this extra work was not delayed in order to meet water demands; and
Whereas, On April 9, 1991 the Personnel/Human Rights Department approved
Goyette Mechanical Company for said work;
RESOLVED, That Mayor and Council approve the Change Order No. 1 to Goyette
Mechanical Company in the amount of $1,824.00 for Mechanical Repairs in Basin No. 2 at
the Water Treatment Plant, and that the City Administrator is authorized and directed to
issue this change order.
Source of Funds: Water Supply System, Water Treatment Plant FY 91-92 Operations and
Maintenance Budget.
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Council - October 21, 1991 15
R-611-10-91 APPROVED
RESOLUTION TO GRANT WATER AND SEWER SERVICES
OUTSIDE CITY LIMITS TO LOT 47 OF THE
EVERGREENS (2923 DEXTER ROAD)
Whereas, Theodore Graham and Ruth Ryan, owners of the property at 2923 Dexter
Road have requested that on October 9, 1991 the City extend public water and sewer
services for their use to the property in Scio Township prior to the completion of the
annexation process;
Whereas, They desire 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 May 13, 1991, Theodore Graham and Ruth Ryan petitioned the City
for annexation under Planning Department file number 8244J4.1 & .2;
RESOLVED, That the Mayor and Clerk are authorized and directed to sign the
agreements on behalf of the City allowing City water and sewer services to the land during
the time it is still outside of the Corporate Limits; the City Clerk is directed and ordered to
send a copy of this resolution and the agreements by first class mail to the property owners
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-612-10-91 APPROVED
RESOLUTION TO APPROVE PURCHASE OF A 1978 JOHN
DEERE ROAD GRADER - BID NO. 2184
($31,000.00)
Whereas, The Street Division of the Transportation Department does not presently
own a road grader;
Whereas, The Street Division of the Transportation Department requires the use of
a road grader for operations such as: snow removal, road grading, shoulder maintenance,
road construction;
Whereas, AIS Continental Company submitted the lowest bid in the sum of $46,000
and included a credit of $15,000 for the previous rental of this unit to be applied towards
the purchase price; and
16 Council - October 21, 1991
Whereas, AIS Continental Company received City of Ann Arbor Human Rights
Approval on May 17, 1991;
RESOLVED, That $31,000 be approved for a purchase of a used 1978 John Deere
Road Grader from AIS Continental Company for the Street Division of the Transportation
Department from the Municipal Garage Equipment Fund 012-091-0130-5480.
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R-613-10-91 APPROVED
RESOLUTION AUTHORIZING WATER MAIN, SANITARY
SEWER AND STORM SEWER IMPROVEMENT CHARGES FOR
2460 JAMES STREET ($10,418.92)
Whereas, The City has previously constructed a water main, sanitary sewer and
storm sewer described as follows:
Water Main: 8" water main in James St.; District No. 452; File No. 87100
$5,117.42/connection; one connection = $5,117.42
Sanitary Sewer: 8" sanitary sewer in James St.; District No. 452; File No. 87100;
$5,185.16/connection; one connection = $5,185.16.
Storm Sewer: Land contributing to oversize on Packard from Kensington to Independence
and on Independence from Packard to James; District No. 56; Job Nos. 3568, 3569;
$0.0098/S.F.; 11881 S.F. = $116.34;
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;
RESOLVED,
1. That Council hereby levy an improvement charge against the following newlyannexed
property which is specially benefitted by the above improvements:
Annexation Address: 2460 James St.
City Assessor Code: 12-04-122-005
Annexation Number : A90-18
Planning File No. : 12041D18.1 & .2
Lot 3 and northerly 30 feet of Lot 4, Packard Hills Subdivision, including that
portion of adjacent James Street right-of-way. Now situated in the City of Ann
Council - October 21, 1991 17
Arbor.
2. That the improvement charge so levied be in the amount of $10,418.92 and be
hereby designated as Utilities Improvement Charge No. 576;
3. That said improvement charge be divided into 15 equal installments, the first to be
due on December 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 December 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 John K. Musgrave and
Elizabeth C. Musgrave, 2460 James Street, Ann Arbor, Michigan, 48104-6303 and be
credited in the amount of $5,117.42 to Fund 042-073-7151, and $5,185.16 to Fund 043-
073-7151 and $116.34 to Fund 031-073-7151.
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R-614-10-91 APPROVED
RESOLUTION AUTHORIZING WATER MAIN AND
SANITARY SEWER IMPROVEMENT CHARGES FOR
LOT 156 AND 157 THE EVERGREENS SUBDIVISION
426 ROSE DRIVE ($9,191.79)
Whereas, The City has previously constructed a water main and a sanitary sewer
described as follows:
Water Main: 16" water main in Rose Dr.; Non-Dist No. A-516W; $20.85 front foot; 120
front feet = $2,502.00
Sanitary Sewer: 8" Sanitary Sewer in Rose Drive; File No. 90060; District No. 461
$6,583.33/connection, one (1) connection = $6,583.33
Trunkline Improvement Charge = $106.46
Total of Sanitary Sewer Improvement Charges = $6,689.79
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
18 Council - October 21, 1991
improvements, such fair share not having heretofore been paid nor contracted for; and
Whereas, Due to the 1,4 Dioxane contamination in the owner's well, the State of
Michigan Department of Public Health has agreed to pay the water main improvement
charges;
RESOLVED,
1. That Council hereby levy an improvement charge against the following newlyannexed
property which is specially benefitted by the above improvements:
Annexation Address: 426 Rose Drive
City Assessor Code: 08-24-304-006
Annexation Number : A91-08
Planning File No. : 8243L15.1 & .2
Lot 156 and 157 of Evergreens Subdivision, including adjacent Rose Drive
right-of-way. 426 Rose Drive. Now situated in the City of Ann Arbor.
2. That the improvement charge so levied be in the amount of $9,191.79 and be
hereby designated as Utilities Improvement Charge No. 575;
3. That said sanitary sewer improvement charge be divided into 15 equal installments,
the first to be due on December 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 December
1, 1991.
4. That said water main improvement charge be due upon receipt of an invoice to the
State of Michigan Department of Public Health;
5. 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;
6. That the sanitary sewer improvement charge so levied be invoiced to Frederick W.
Hammond and Linda K. Hammond, 426 Rose Drive, Ann Arbor, Mi. 48103, and that the
amount of $6,689.79 be credited to Fund 043-073-7151; and
7. That the water main improvement charge so levied be invoiced to Ms. Lois Graham,
R.S., Michigan Department of Public Health, Division of Water Supply, P.O. Box 30195,
Lansing, MI. 48909, in the amount of $2,502.00 and be credited to Fund 042-073-7151.
Council - October 21, 1991 19
****************************************
R-615-10-91 APPROVED
RESOLUTION AUTHORIZING SANITARY SEWER
IMPROVEMENT CHARGE FOR LOT 177 THE
EVERGREENS SUBDIVISION, 3245 KINGWOOD
($6,695.78)
Whereas, The City has previously constructed a water main and a sanitary sewer
described as follows:
Water Main: 16" water main in Rose Dr.; Non-Dist Job No. A516W; $20.80 front foot; 134
front feet = $2,793.90
Sanitary Sewer: 8" Sanitary sewer in Kingwood; Dist. No. 444; File No. 86035;
$6,589.32/connection, one (1) connection = $6,589.32
Trunkline Improvement Charges: $106.46
Total Sanitary Sewer Charge: $6,695.78
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; and
Whereas, Due to the 1,4 Dioxane contamination in the owner's well, Gelman
Sciences, Inc. has paid the water main improvement charges;
RESOLVED,
1. That Council hereby levy an sanitary sewer improvement charge against the
following newly-annexed property which is specially benefitted by the above improvements:
Annexation Address: 3245 Kingwood
City Assessor Code: 08-24-308-005
Annexation Number : A91-11
Planning File No. : 8243F14.1 & .2
Lot 177, The Evergreens, including adjacent Rose Drive right-of-way. 3245
Kingwood Street. Now situated in the City of Ann Arbor.
2. That the improvement charge so levied be in the amount of $6,695.78 and be
hereby designated as Utilities Improvement Charge No. 570;
20 Council - October 21, 1991
3. That said sanitary sewer improvement charge be divided into 15 equal installments,
the first to be due on December 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 December
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 sanitary sewer improvement charge so levied be invoiced to Timothy L.
Sprik and Jill S. Sprik, 3245 Kingwood, Ann Arbor, MI. 48103, and $6,695.78 be credited
to Fund 043-073-7151.
****************************************
R-616-10-91 APPROVED
RESOLUTION AUTHORIZING WATER MAIN
IMPROVEMENT CHARGE FOR LOTS 185 AND
187 THE EVERGREENS SUBDIVISION 3270 VALLEY
DRIVE ($2,982.35)
Whereas, The City has previously constructed a water main described as follows:
Water Main: 16" water main in Rose Drive; Non-Dist Job No. A-516W; $20.85/front foot;
191 front feet = $3,982.35
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; and
Whereas, Due to the 1,4 Dioxane contamination in the owner's well, the State of
Michigan Department of Public Health has agreed to pay the water main improvement
charges;
RESOLVED,
1. That Council hereby levy an improvement charge against the following newlyannexed
property which is specially benefitted by the above improvements:
Annexation Address: 3270 Valley Drive
City Assessor Code: 08-24-308-002
Council - October 21, 1991 21
Annexation Number : A91-10
Planning File No. : 8243D15.1 & .2
Lots 185 and 187 of Evergreens, and including adjacent Valley Drive and
Rose Drive right-of-way; now situated in the City of Ann Arbor;
2. That the improvement charge so levied be in the amount of $3,982.35 and be
hereby designated as Utilities Improvement Charge No. 572;
3. That said water main improvement charge be due upon receipt of an invoice to the
State of Michigan Department of Public Health;
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 water main improvement charge so levied be invoiced to Ms. Lois Graham,
R.S., Michigan Department of Public Health, Division of Water Supply, P.O. Box 30195,
Lansing, MI. 48909; and $4,483.45 be credited to Fund 042-073-7151.
****************************************
R-617-10-91 APPROVED
RESOLUTION AUTHORIZING WATER MAIN AND
SANITARY SEWER IMPROVEMENT CHARGES FOR
LOT 42 THE EVERGREENS SUBDIVISION,
401 GLENWOOD ($1,045.23)
Whereas, The City has previously constructed a water main and sanitary sewer
described as follows:
Water Main: 6" water main in Glenwood; Non-Dist. Job No. 4-410; $307.97 connection;
one (1) connection = $307.97
Sanitary Sewer: 12" Sanitary Sewer in Glenwood; Non-Dist. No. 3680-5
$737.26/connection; one (1) connection = $737.26
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;
22 Council - October 21, 1991
RESOLVED,
1. That Council hereby levy an improvement charge against the following newlyannexed
property which is specially benefitted by the above improvements:
Annexation Address: 401 Glenwood
City Assessor Code: 08-24-405-008
Annexation Number : A91-06
Planning File No. : 8244H4.1 & .2
Lot 42, The Evergreens Subdivision, a subdivision of part of the S 1/2 of
Section 24, Town 2 South, Range 5 East, Scio Township, Washtenaw
County, Michigan, according to the plat thereof as recorded in Liber 7 of
Plats, page 42, Washtenaw County Records; also a parcel described as
follows: Commencing at the SE corner of Lot 44 in The Evergreens, a
subdivision of part of the S 1/2 of Section 24, Scio Township, Washtenaw
County, Michigan; thence W 142.32 feet in the S line of Lot 44 to the SW
corner of said lot; thence NE 26.35 feet to the W line of Lot 44; thence E
134.47 feet parallel to the S line of Lot 44 to the W line of Glenwood Street;
thence S in the W line of Glenwood Street, 25.0 feet to the place of
beginning, being a part of Lot 44 of the Evergreens, according to the plat
thereof as recorded in Liber 7 of Plats, page 42, Washtenaw County
Records, including adjacent Glenwood Street right-of-way. Now situated in
the City of Ann Arbor.
2. That the improvement charge so levied be in the amount of $1,045.23 and be
hereby designated as Utilities Improvement Charge No. 567;
3. That said sanitary sewer improvement charge be divided into 15 equal installments,
the first to be due on December 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 December
1, 1991;
4. That said water main improvement charge be due upon receipt of an invoice to the
State of Michigan Department of Public Health;
5. 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
6. That the sanitary sewer improvement charge so levied be invoiced to Robert and
Mary Beth West, 401 Glenwood, Ann Arbor, MI. 48103 and $737.26 be credited to Fund
Council - October 21, 1991 23
043-073-7151; and
RESOLVED, That the water main improvement charge so levied be invoiced to Ms.
Lois Graham, R.S., Michigan Department of Public Health, Division of Water Supply, P.O.
Box 30195, Lansing, MI. 48909, in the amount of $307.97 and be credited to Fund 042-
073-7151.
****************************************
R-618-10-91 APPROVED
RESOLUTION AUTHORIZING WATER MAIN AND
SANITARY SEWER IMPROVEMENT CHARGES FOR
LOT 4 THE EVERGREENS SUBDIVISION - 390 GLENWOOD
($1,045.23)
Whereas, The City has previously constructed a water main and a sanitary sewer
described as follows:
Water Main: 6" water main in Glenwood.; Non-Dist. Job No. 4-410; $307.97/connection;
one (1) connection = $307.97
Sanitary Sewer: 12" Sanitary Sewer in Glenwood; Non-Dist. No. 3680; $737.26/connection;
one (1) connection = $737.26
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; and
Whereas, Due to the 1,4 Dioxane contamination in the owner's well, the State of
Michigan Department of Public Health has agreed to pay the water main improvement
charges;
RESOLVED,
1. That Council hereby levy an improvement charge against the following newlyannexed
property which is specially benefitted by the above improvements:
Annexation Address: 390 Glenwood
City Assessor Code: 08-24-404-022
Annexation Number : A91-09
Planning File No. : 8244F5.1 & .2
Lot 4 of the Evergreens, including adjacent Glenwood Street right-of-way.
390 Glenwood Street, now situated in the City of Ann Arbor.
24 Council - October 21, 1991
2. That the improvement charge so levied be in the amount of $1,045.23 and be
hereby designated as Utilities Improvement Charge No. 571;
3. That said sanitary sewer improvement charge be divided into 15 equal installments,
the first to be due on December 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 December
1, 1991;
4. That said water main improvement charge be due upon receipt of an invoice to the
State of Michigan Department of Public Health;
5. 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;
6. That the sanitary sewer improvement charge so levied by invoiced to Harold W.
Sindlinger and Teruko Sindlinger, 390 Glenwood Street, Ann Arbor, Mi. 48103 and
$737.26 be credited to Fund 043-073-7151; and
7. That the water main improvement charge so levied be invoiced to Ms. Lois Graham,
R.S., Michigan Department of Public Health, Division of Water Supply, P.O. Box 30195,
Lansing, Mi. 48909, in the amount of $307.97 and be credited to Fund 042-073-7151.
****************************************
Council - October 21, 1991 25
R-619-10-91 APPROVED
RESOLUTION AUTHORIZING WATER MAIN AND
SANITARY SEWER IMPROVEMENT CHARGES FOR
LOT 15 SCIOTO HILLS SUBDIVISION,
2819 DEXTER ROAD ($764.96)
Whereas, The City has previously constructed a water main and a sanitary sewer
described as follows:
Water Main: 16" water main in Dexter Road; Non-Dist. Job No. A-168; $252.84 connection;
one (1) connection = 252.84
Sanitary Sewer: 8" Sanitary Sewer in Dexter Road; Dist. No. 359; Job No. 2903;
$512.12/connection, one (1) connection = $512.12
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; and
Whereas, Due to the 1,4 Dioxane contamination in the owner's well, the State of
Michigan Department of Public Health has agreed to pay the water main improvement
charges;
RESOLVED,
1. That Council hereby levy an improvement charge against the following newlyannexed
property which is specially benefitted by the above improvements:
Annexation Address: 2819 Dexter Road
City Assessor Code: 08-24-404-021
Annexation Number : A91-05
Planning File No. : 8244F8 .1 & .2
Lot 15, Scioto Hills, including adjacent Dexter Road right-of-way. Now
situated in the City of Ann Arbor.
2. That the improvement charge so levied be in the amount of $764.96 and be hereby
designated as Utilities Improvement Charge No. 566;
3. That said sanitary sewer improvement charge be divided into 15 equal installments,
the first to be due on December 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 December
1, 1991;
4. That said water main improvement charge be due upon receipt of an invoice to the
26 Council - October 21, 1991
State of Michigan Department of Public Health;
5. 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;
6. That the sanitary sewer improvement charge so levied be invoiced to Eric S.
Kasischke, 2819 Dexter Road, Ann Arbor, Mi. 48103, in the amount of $512.12 to Fund
043-073-7151; and
7. That the water main improvement charge so levied be invoiced to Ms. Lois Graham,
R.S., Michigan Department of Public Health, Division of Water Supply, P.O. Box 30195,
Lansing, MI. 48909 in the amount of $252.84 and be credited to Fund 042-073-7151.
****************************************
R-620-10-91 APPROVED
RESOLUTION AUTHORIZING WATER MAIN AND
SANITARY SEWER IMPROVEMENT CHARGES FOR
LOT 49 THE EVERGREENS SUBDIVISION
2963 DEXTER ROAD ($764.95)
Whereas, The City has previously constructed a water main and a sanitary sewer
described as follows:
Water Main: 16" water main in Dexter Road; Non-Dist Job No. A-168; $252.83/connection;
one (1) connection = $252.83
Sanitary Sewer: 8" Sanitary Sewer in Dexter Road; Dist. No. 359; Job No. 2903;
$512.12/connection, one (1) connection = $512.12
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; and
Whereas, Due to the 1,4 Dioxane contamination in the owner's well, the State of
Michigan Department of Public Health has agreed to pay the water main improvement
charges;
RESOLVED,
1. That Council hereby levy an improvement charge against the following newlyannexed
property which is specially benefitted by the above improvements:
Council - October 21, 1991 27
Annexation Address: 2963 Dexter Road
City Assessor Code: 08-24-405-009
Annexation Number : A91-03
Planning File No. : 8244J3 .1 & .2
Lot 49, according to the recorded plat of the Evergreens, a subdivision of
part of the South half of Section 24, T2S, R5E, including adjacent Dexter
Road right-of-way. Now situated in the City of Ann Arbor.
2. That the improvement charge so levied be in the amount of $764.95 and be hereby
designated as Utilities Improvement Charge No. 564;
3. That said sanitary sewer improvement charge be divided into 15 equal installments,
the first to be due on December 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 December
1, 1991;
4. That said water main improvement charge be due upon receipt of an invoice to the
State of Michigan Department of Public Health;
5. 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;
6. That the sanitary sewer improvement charge so levied be invoiced to Elizabeth A.
Bjork, 2963 Dexter Road, Ann Arbor, MI. 48103, and $512.12 be credited to Fund 043-
073-7151; and
7. That the water main improvement charge so levied be invoiced to Ms. Lois Graham,
R.S., Michigan Department of Public Health, Division of Water Supply, P.O. Box 30195,
Lansing, MI. 48909, in the amount of $252.83 and be credited to Fund 042-073-7151.
****************************************
28 Council - October 21, 1991
R-621-10-91 APPROVED
RESOLUTION TO GRANT WATER SERVICE OUTSIDE
CITY LIMITS TO LOTS 175 AND 176
THE EVERGREENS (3250 KINGWOOD)
Whereas, Donald E. Johnston, owner of the property at 3250 Kingwood has
requested on August 19, 1991 the City extend public water service for their use to the
property in Scio Township prior to the completion of the annexation process;
Whereas, Mr. Johnston desires to enter into the standard agreement with the City
which provides an equitable method of obtaining City service outside of its Corporate
Boundaries; and
Whereas, On June 3, 1991 he petitioned the City for annexation under Planning
Department file number 8243K22.1 & .2, described as follows:
Lot 175 & Lot 176, The Evergreens a Subdivision of Part of the South Half
Section 24, Scio Township, Washtenaw County, Michigan. Rec'd L. 7, P. 42
plats WCR. 3250 Kingwood at Rose, Ann Arbor, MI.;
RESOLVED, That the Mayor and Clerk are authorized and directed to sign the
agreement on behalf of the City allowing City water service to the land during the time it is
still outside of the Corporate Limits; the City Clerk is directed and ordered to send a copy of
this resolution and the agreements by first class mail to the property owner 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.
****************************************
R-622-10-91 APPROVED
RESOLUTION TO TRANSFER DELINQUENT
MOWING FEES TO THE CITY TAXROLL
Whereas, The property at 1004 Woodlawn (vacant lot), Assessor Code #81-09-33-
213-018 owned by Jack Schwarcz, was in violation of the City vegetation and Weed
Control, Chapter 40;
Whereas, This property was brought into compliance by the City following
notification as required by the Code; and
Whereas, An invoice for service was issued in the amount of $63.25 to the
applicable property owner and to date has not been paid;
RESOLVED, That such unpaid charges be levied as a special assessment against
Council - October 21, 1991 29
the owner and premises together with an additional penalty charge of 10% of the total
unpaid, as provided for in Section 1.292 of the City Code; and
RESOLVED, That the City Assessor shall place the same on the next taxroll of the
City and that such charges will be collected in the same manner as general City taxes.
****************************************
R-623-10-91 APPROVED
RESOLUTION AUTHORIZING LEVY OF MILLAGE ON
THE DECEMBER, 1991 COUNTY TAX LEVY FOR
THE CITY'S SHARE OF VARIOUS STORM DRAIN
DEBT PAYMENTS (LEVY OF .1095 MILLS)
Whereas, Washtenaw County has levied assessments on the City of Ann Arbor for
various storm sewer capital and maintenance projects, as follows:
Allen Creek Drain 1 of 1 $8,634.38
County Farm Drain 1 of 1 1,548.98
Swift Run Drain 1 1 of 1 2,710.20
Swift Run Drain 2 2 of 2 2,830.73
Swift Run Drain 3 3 of 3 4,168.64
Pittsfield-Ann Arbor Drain 1 of 1 5,808.72
Subtotal Maintenance 25,701.65
Pittsfield-Ann Arbor Drain 15 of 26 225,582.65
Subtotal Capital 225,582.65
GRANT TOTAL $251,284.30
and,
Whereas, The Council in prior years has authorized a special millage on the
December Washtenaw County tax levy (on City of Ann Arbor properties only) for the
payment of these items;
RESOLVED, That Council does hereby authorize a levy of .1095 mills on the
December, 1991 Washtenaw County tax levy (City of Ann Arbor properties only) for the
City share of drain payments as outlined above.
Councilmember Dodge moved that the Consent Agenda be approved.
On a voice vote, the Chair declared the motion carried.
ORDINANCES - SECOND READING
30 Council - October 21, 1991
60-91 APPROVED
REDUCED FEES FOR RESTRICTED PEDDLER PERMITS
AN ORDINANCE TO AMEND SECTION 7:67 OF CHAPTER 79 OF TITLE VII OF THE
CITY OF ANN ARBOR.
This amendment would allow the Clerk to reduce by 75% the fee charged for
a peddler's permit or license, for applicants under 14 years old, who
reasonably anticipate less than $100 profit from the activity.
Councilmember Dodge moved that the ordinance be approved at second reading.
On roll call the vote was as follows: Yeas, Councilmembers Coleman, Sheldon, Dodge,
Grady, Meade, Zimmer, Ouimet, Peterson, Eckstein, Mayor Brater, 10
Nays, 0
The Chair declared the motion carried.
61-91 APPROVED AS AMENDED
NOISE - LIABILITY OF OWNER, LESSEE, OR OCCUPANT
AN ORDINANCE TO AMEND SECTIONS 9:369 AND 9:370 OF CHAPTER 119 OF TITLE
IX OF THE CODE OF THE CITY OF ANN ARBOR
This amendment would provide for fines and penalties for noise violations.
Councilmember Dodge moved that the ordinance be approved.
Councilmember Grady moved that the ordinance be amended as follows:
Section 1. That Section 9:369 of Chapter 119 of Title IX of the Code of the City of
Ann Arbor is amended to read as follows:
9:369. Liability of owner, lessee, or occupant.
If the person responsible for an activity which violates this article cannot be
determined, the any owner, any lessee or any occupant of the property on which the
activity is located shall be deemed responsible for the violation. A person found responsible
under this section shall be guilty of a civil infraction punishable by a fine of up to $50 to
$500 plus costs. For a second offense within a two-year period the fine shall be $100 to
Council - October 21, 1991 31
$500 plus costs. For third and subsequent offenses within a two-year period the fine shall
be $200 to $500 plus costs.
Section 2. That Section 9:370 of Chapter 119 of Title IX of the Code of the Cit of
Ann Arbor is amended to read as follows:
9:370. Penalty.
Except as provided in section 9:369, all violations of an activity which violates this
article shall be punishable by a fine of not more than $50 to $500 plus costs. For a second
offense within a two-year period the fine shall be $100 to $500 plus costs. For third and
subsequent offenses within a two-year period the penalty shall be $200 to $500 plus costs
and/or, in the discretion of the court, up to 240 hours community service.
On a voice vote, the Chair declared the motion carried.
The question on the floor is approval of the ordinance as amended at second reading.
On roll call the vote was as follows: yeas, Councilmembers Coleman, Sheldon, Dodge,
Grady, Meade, Zimmer, Ouimet, Peterson, Eckstein, Mayor Brater, 10
Nays, 0
The Chair declared the motion carried.
51-91 APPROVED
DAY 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 is the rezoning of 0.19 acre from TWP (Township District) to R1C
(Single-Family Dwelling District), Day Property, 350 Rose Drive.
Councilmember Dodge moved that the ordinance be approved at second reading.
On roll call the vote was as follows: Yeas, Councilmembers Coleman, Sheldon, Dodge,
Grady, Meade, Zimmer, Ouimet, Peterson, Eckstein, Mayor Brater, 10
Nays, 0
The Chair declared the motion carried.
52-91 APPROVED
32 Council - October 21, 1991
GRAMMATICO REZONING
AN ORDINANCE TO AMEND THE ZONING MAP BEING A PART OF CHAPTER 55 OF
TITLE V OF THE CODE OF THE CITY OF ANN ARBOR.
This is the rezoning of 0.48 acre from TWP (Township District) to R1B
(Single-Family Dwelling District), Grammatico Property, 1605 North Maple
Road.
Councilmember Coleman moved that the ordinance be approved at second reading.
On roll call the vote was as follows: Yeas, Councilmembers Coleman, Sheldon, Dodge,
Grady, Meade, Zimmer, Ouimet, Peterson, Eckstein, Mayor Brater, 10
Nays, 0
The Chair declared the motion carried.
53-91 APPROVED
HAMMOND REZONING
AN ORDINANCE TO AMEND THE ZONING MAP BEING A PART OF CHAPTER 55 OF
TITLE V OF THE CODE OF THE CITY OF ANN ARBOR.
This is the rezoning of 0.41 acre from TWP (Township District) to R1C
(Single-Family Dwelling District), Hammond property, 426 Rose Drive.
Councilmember Coleman moved that the ordinance be approved at second reading.
On roll call the vote was as follows: Yeas, Councilmembers Coleman, Sheldon, Dodge,
Grady, Meade, Zimmer, Ouimet, Peterson, Eckstein, Mayor Brater, 10
Nays, 0
The Chair declared the motion carried.
54-91 APPROVED
HUIZINGA REZONING
AN ORDINANCE TO AMEND THE ZONING MAP BEING A PART OF CHAPTER 55 OF
TITLE V OF THE CODE OF THE CITY OF ANN ARBOR.
This is the rezoning of 0.17 acre from TWP (Township District) to R1C
Council - October 21, 1991 33
(Single-Family Dwelling District), Huizinga property, northwest corner of
Robert and Victoria Avenue.
Councilmember Coleman moved that the ordinance be approved at second reading.
On roll call the vote was as follows: Yeas, Councilmembers Coleman, Sheldon, Dodge,
Grady, Meade, Zimmer, Ouimet, Peterson, Eckstein, Mayor Brater, 10
Nays, 0
The Chair declared the motion carried.
55-91 APPROVED
KAPP REZONING
AN ORDINANCE TO AMEND THE ZONING MAP BEING A PART OF CHAPTER 55 OF
TITLE V OF THE CODE OF THE CITY OF ANN ARBOR.
This is the rezoning of 0.39 acre from TWP (Township District) to R1C
(Single-Family Dwelling District), Kapp Property, 330 Rose Drive.
Councilmember Coleman moved that the ordinance be approved at second reading.
On roll call the vote was as follows: Yeas, Councilmembers Coleman, Sheldon, Dodge,
Grady, Meade, Zimmer, Ouimet, Peterson, Eckstein, Mayor Brater, 10
Nays, 0
The Chair declared the motion carried.
56-91 APPROVED
MCGEE REZONING
AN ORDINANCE TO AMEND THE ZONING MAP BEING A PART OF CHAPTER 55 OF
TITLE V OF THE CODE OF THE CITY OF ANN ARBOR.
This is the rezoning of 0.53 acre from TWP (Township District) to R1C
(Single-Family Dwelling District), McGee property, 3270 Valley Drive.
Councilmember Coleman moved that the ordinance be approved at second reading.
On roll call the vote was as follows: Yeas, Councilmembers Coleman, Sheldon, Dodge,
Grady, Meade, Zimmer, Ouimet, Peterson, Eckstein, Mayor Brater, 10
34 Council - October 21, 1991
Nays, 0
The Chair declared the motion carried.
57-91 APPROVED
SINDLINGER PROPERTY
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 is the rezoning of 0.25 acre from TWP (Township District) to R1C
(Single-Family Dwelling District), Sindlinger Property, 390 Glenwood.
Councilmember Peterson moved that the ordinance be approved at second reading.
On roll call the vote was as follows: Yeas, Councilmembers Coleman, Sheldon, Dodge,
Grady, Meade, Zimmer, Ouimet, Peterson, Eckstein, Mayor Brater, 10
Nays, 0
The Chair declared the motion carried.
58-91 APPROVED
SPRIK REZONING
AN ORDINANCE TO AMEND THE ZONING MAP BEING A PART OF CHAPTER 55 OF
TITLE V OF THE CODE OF THE CITY OF ANN ARBOR.
This is the rezoning of 0.20 acre from TWP (Township District) to R1C
(Single-Family Dwelling District), Sprik Property, 3245 Kingwood.
Councilmember Coleman moved that the ordinance be approved at second reading.
On roll call the vote was as follows: Yeas, Councilmembers Coleman, Sheldon, Dodge,
Grady, Meade, Zimmer, Ouimet, Peterson, Eckstein, Mayor Brater, 10
Nays, 0
The Chair declared the motion carried.
ORDINANCES - FIRST READING
Council - October 21, 1991 35
63-91 APPROVED
CITY-OWNED PARCEL (FORMER KATZ PROPERTY) REZONING
AN ORDINANCE TO AMEND THE ZONING MAP BEING A PART OF CHAPTER 55 OF
TITLE V OF THE CODE OF THE CITY OF ANN ARBOR.
This is the rezoning of 27.94 acres from UNZ (Unzoned) to PL (Public Land
District), City-Owned parcel (Former Katz Property) northwest corner of
Ellsworth and Platt Roads. (City Planning Commission recommendation:
Approval - 8 yeas and 0 nays)
Councilmember Meade moved that the ordinance be approved at first reading.
On a voice vote, the Chair declared the motion carried.
****************************************************************
64-91 APPROVED
MUSGRAVE PROPERTY REZONING
AN ORDINANCE TO AMEND THE ZONING MAP BEING A PART OF CHAPTER 55 OF
TITLE V OF THE CODE OF THE CITY OF ANN ARBOR.
This is the rezoning of 0.27 acre from TWP (Township District) to R1C
(Single-Family Dwelling District), Musgrave property, 2460 James Street.
(City Planning Commission recommendation: Approval - 6 yeas and 0 nays)
Councilmember Ouimet moved that the ordinance be approved at first reading.
On a voice vote, the Chair declared the motion carried.
****************************************************************
36 Council - October 21, 1991
MOTIONS AND RESOLUTIONS
R-624-10-91 APPROVED - AGREEMENT AMENDED
RESOLUTION TO APPROVE AGREEMENT BETWEEN THE CITY
OF ANN ARBOR AND THE UNIVERSITY OF MICHIGAN
FOR POLICE SERVICES
Whereas, The University of Michigan desires to purchase certain police services
from the City of Ann Arbor Police Department during fiscal 1991-92; and
Whereas, The University of Michigan and the City of Ann Arbor have reached
agreement on the services to be provided as well as the respective charges;
RESOLVED, That the agreement for police services for fiscal 1991-92 reached
between University of Michigan Associate Vice President William Krumm and the City
Administrator be accepted; and
RESOLVED, That the Mayor and Clerk are authorized to execute the agreement in
the form on file with the City Clerk.
Councilmember Sheldon moved that the resolution be approved.
Mayor Brater suggested the following amendment to the agreement; Councilmember
Sheldon moved that it be approved:
Last sentence in Section 1. PATROL OFFICERS
..City officers deployed under this agreement will enforce ONLY City ordinances and
State statues only in accordance with City policies...
and
6. This Agreement shall have a term of one year beginning July 1, 1991, and ending
June 30, 1992. Thereafter, this Agreement will renew for respective one year periods, if
either party gives notice of renewal and the expenses and the numbers and types of City
police assigned for the renewal period are mutually agreed upon. The City or U of M shall
notify in writing the other of a desire to renew which is received at least 120 days prior to
the termination of this agreement. Renewal shall include a review of all personnel and
operating expenses. Adjustments will be made and agreed upon prior to renewal. The City
and the UM shall agree on the numbers and types of City police to be assigned for the one
year renewal period. IN JANUARY 1992, THE CITY AND THE UM WILL BEGIN
DISCUSSIONS ON THE CONDITIONS OF CONTINUING SERVICE SPECIFIED IN THIS
CONTRACT, AND ON THE ENTIRE RELATIONSHIP BETWEEN THE ANN ARBOR
Council - October 21, 1991 37
POLICE DEPARTMENT AND THE UM DEPARTMENT OF PUBLIC SAFETY, WITH THE
GOAL OF ARRIVING AT A COMPREHENSIVE PROGRAM FOR POLICE SERVICES ON
UM PROPERTY. ANY PROPOSED CONTRACT RESULTING FROM SUCH
DISCUSSIONS SHOULD BE AVAILABLE FOR COUNCIL REVIEW ON OR BEFORE
JUNE 1, 1992.
On a voice vote, the Chair declared the motion carried.
The question on the floor is approval of the resolution. On a voice vote, the Chair declared
the motion carried.
****************************************************************
Council recessed at 9:00 p.m.
Council reconvened at 9:15 p.m.
****************************************************************
R-625-10-91 APPROVED
RESOLUTION TO TRANSFER OWNERSHIP OF A CLASS C
LICENSED BUSINESS WITH DANCE PERMIT AND NEW
ENTERTAINMENT PERMIT LOCATED AT
310 MAYNARD STREET
RESOLVED, That the request from Gamekeepers, Inc. to transfer ownership of a
1990 Class C licensed business with Dance Permit, located in escrow at 310 Maynard,
Ann Arbor, Michigan, Washtenaw County, from Dooley's of Ann Arbor II, Limited
partnership and request for new Entertainment Permit, be approved.
Councilmember Hunter moved that the resolution be approved.
On a voice vote, the Chair declared the motion carried.
****************************************************************
R-626-10-91 APPROVED
RESOLUTION RECOMMENDING THAT THE RETIREMENT
BOARD INVEST LOCALLY IN AFFORDABLE HOUSING
Whereas, There is a demonstrated need for affordable housing in the City of Ann
Arbor;
Whereas, Some cities, states, and unions have begun directing small portions of
their employee pension funds toward affordable housing initiatives; and
38 Council - October 21, 1991
Whereas, The City of Ann Arbor's Retirement System's assets exceed
$192,000,000 with $4,000,000 currently in real estate holdings;
RESOLVED, That the Ann Arbor City Council request that the Board of Trustees of
the City of Ann Arbor Employees Retirement System research potential methods of
investing in local housing initiatives consistent with its fiduciary responsibility and report
back to City Council within six months of this date.
Councilmember Hunter moved that the resolution be approved.
On a voice vote, the Chair declared the motion carried.
****************************************************************
R-627-10-91 APPROVED
RESOLUTION TO ELIMINATE THE $100 PREFERRED
PARKING SPACE PROGRAM
Whereas, Rate structures in the Parking System should be competitive and respond
to the market demands of the consumer as well as simple to administer; and
Whereas, The existing "reserved" parking space program leads to confusion and
anger from other regular permit holders and short term parking users; and
Whereas, The revenue implications are relatively minor compared to the goodwill
that would be created with the general public;
20 holders x $40 x 6 months = $4800 less fees generated by hourly sale of
that space which could possibly even be a net gain to the revenue stream
(20 spaces x 154 days x 12 hours x .40/hour x .5 use rate = $7392 as an
example);
RESOLVED, That the City of Ann Arbor abolish the "reserved" parking space
program provided that existing permit holders are allowed to purchase "regular" parking
permits for the structure where the space is located and at the approved rate scale. This
resolution would take full effect January 1, 1992.
Councilmember Sheldon moved that the resolution be approved.
On a voice vote, the Chair declared the motion carried.
****************************************************************
Council - October 21, 1991 39
RESOLUTION REVISED AND TABLED
RESOLUTION REGARDING OPEN MEETINGS
Whereas, The City Council desires that all of the City Boards, Task Forces,
Commissions and Committees conform to the spirit of the Open Meetings Act;
RESOLVED, That all City Boards, Task Forces, Commissions, Committees and
their Sub-Committees hold their meetings in a manner that is open to the public in the
manner that is required of bodies covered by the Open Meetings Act; and
RESOLVED, That closed meetings of such bodies shall be held only under
situations where a closed meeting would be specifically authorized by the Open Meetings
Act.
Councilmember Sheldon moved that the resolution be approved.
Councilmember Zimmer moved that the resolution be amended as follows:
RESOLVED, That all City Boards, Task Forces, Commissions and
Committees and their sub-committees hold their meetings in a manner that is
open to the public in the manner that is required of bodies covered by the
Open Meetings Act, WITH THE ADDITION THAT A COPY OF ANY
RECORDINGS MADE AT THE MEETINGS, AUDIO OR VIDEO, SHALL
BE MADE AVAILABLE TO THE BOARD, TASK FORCE, COMMISSION
AND COMMITTEE AND THEIR SUB-COMMITTEE, IF REQUESTED BY
THEM IN WRITING WITHIN SEVEN DAYS.
Councilmember Hunter moved that the resolution be tabled to November 4, 1991 pending
a determination of the ramifications of opening all meetings to the public in a manner
required by the Open Meetings Act, and (per Councilmember Peterson) its impact on those
boards, committees, commissions and sub-committees whose meetings are held on an
irregular basis and those who may be ill-served by being open to the public.
On a voice vote, the Chair declared the motion carried and the resolution tabled.
****************************************************************
40 Council - October 21, 1991
R-628-10-91 APPROVED
RESOLUTION PETITIONING DRAIN COMMISSIONER
TO CONDUCT A DRAIN STUDY OF EBERWHITE WOODS
Whereas, The City Engineer has presented to this City Council a general
description of a proposed storm drain project for the properties in the vicinity of the Allen
Creek Drain within the City;
Whereas, This City Council intends to file with the Drain Commissioner for
Washtenaw County a petition to study alternatives for the improvement of storm water
runoff management within that portion of the Allen Creek watershed which drains through
the Eberwhite Woods and to subsequently make improvements pursuant to Section 463 of
Chapter 20 of the Drain Code of 1956;
Whereas, It is the desire of the City Council to have the Mayor and Clerk sign and
file the necessary petition with the Washtenaw County Drain Commissioner; and
Whereas, A suggested form of such petition has been presented to this City
Council;
RESOLVED, That:
1. The City Council hereby determines to proceed with the proposed drain project for a
portion of the Allen Creek Drainage District as more fully described in the petition;
2. The Mayor and Clerk be and they are hereby authorized and directed to execute
such petition for and on behalf of the City and to file the same with the Drain Commissioner
of the County of Washtenaw; and
3. The City Council hereby consents to the study of alternatives for improvement of the
existing storm drainage system within the limits of the City and the assessment of a portion
of the cost of such a study and subsequent improvements, so located, against the City.
Councilmember Peterson moved that the resolution be approved.
On a voice vote, the Chair declared the motion carried.
****************************************************************
R-629-10-91 APPROVED AS REVISED
Council - October 21, 1991 41
RESOLUTION TO AUTHORIZE A PROFESSIONAL SERVICES
AGREEMENT WITH THE TRAVERSE GROUP, INC.
AND ESTABLISH PROJECT BUDGETS FOR GROUNDWATER
MONITORING PROGRAMS AT THE CITY OF ANN ARBOR
LANDFILL ($368,695.00)
Whereas, The City is required by Public Act 641, the Consent Order with the
Michigan Department of Natural Resources, and the Cell IV Operating License to monitor
the groundwater and surface water in the vicinity of the landfill;
Whereas, A new contract to perform groundwater and surface water monitoring for
the next two years is needed to replace the previous program which was completed in July,
1991;
Whereas, Requests for proposals were solicited from qualified environmental
consulting firms;
Whereas, Based on the proposals received and the interviews conducted, the City
selection committee recommends The Traverse Group, Inc. as the most qualified and cost
effective firm to provide the City with continuing groundwater monitoring programs; and
Whereas, The Traverse Group, Inc. was approved by the Personnel/Human Rights
Department on October 2, 1991;
RESOLVED, That the Mayor and Clerk are hereby authorized and directed to sign a
Professional Services Agreement after approval as to form by the City Attorney and as to
substance by the City Administrator; and
RESOLVED, That $368,695 be appropriated for the life of the project with the
specific account appropriations determined by the City Administrator.
Councilmember Hunter moved that the revised resolution placed on the table this date be
approved.
On a voice vote, the Chair declared the motion carried.
****************************************************************
42 Council - October 21, 1991
R-630-10-91 APPROVED
RESOLUTION TO APPROPRIATE FUNDS AND
ESTABLISH A BUDGET FOR THE DESIGN PHASE
OF THE 1992 ANNUAL STREET RESURFACING
PROJECT ($85,000.00)
Whereas, It is necessary to begin the Design Phase of the 1992 Annual Street
Resurfacing Project; and
Whereas, This project is to be funded by the 1991 Street Resurfacing Millage;
RESOLVED, That Council appropriates $85,000 from the 1991 Street Resurfacing
Millage (Fund 062) for the Design Phase of the 1992 Annual Street Resurfacing Project;
and
RESOLVED, That the following project budget be adopted for the life of the project,
to be available until expended without regard to fiscal year;
SECTION I - REVENUE
$85,000 From the 1991 Street Resurfacing Millage Fund
$85,000 TOTAL
SECTION II - APPROPRIATION
$26,000 Design Engineering
$20,000 Consulting
$ 5,000 City Owned Vehicles
$ 3,000 Printing and Binding
$ 3,000 Materials and Supplies
$26,000 Department Overhead
$ 2,000 Miscellaneous Charges
$85,000 TOTAL
Councilmember Hunter moved that the resolution be approved.
On a voice vote, the Chair declared the motion carried.
****************************************************************
Council - October 21, 1991 43
R-631-10-91 APPROVED
RESOLUTION NO. 1 - PREPARE PLANS AND SPECIFICATIONS
FOR THE WESTOVER HILLS SUBDIVISION SANITARY
SEWER PHASE III TO SERVE PROPERTIES ON WAGNER
ROAD BETWEEN JACKSON AND PORTER, WESTOVER
AVENUE BETWEEN JACKSON AND FERRY AND
JACKSON ROAD EAST OF WAGNER
($10,000.00)
Whereas, Council deems it necessary to acquire and construct the following
improvement: Sanitary Sewer Construction, District No. 466; File No. 91059; described as:
Westover Hills Subdivision Sanitary Sewer - Phase III, to serve properties on
Wagner Road between Jackson and Porter, Westover Avenue between
Jackson and Ferry and Jackson Road east of Wagner;
RESOLVED, That:
1. The City Administrator is directed to have prepared plans and specifications for said
improvement project, and an estimate of the cost thereof;
2. The City Administrator is 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;
3. The City Clerk shall present said report to the Council and make it available for
public examination;
4. The sum of $10,000 is 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 declares its intent to issue bonds to pay all or part of the cost of such
improvement project, funding reserves, paying for credit enhancement , and the cost of
issuance of such bonds (either initially or ultimately), provided that such bonds are issued
in conformity with applicable State statutes and all documents, provisions, and details
pertaining to such bonds are acceptable to and approved by this Council and provided,
44 Council - October 21, 1991
further, that such bonds can be sold.
Councilmember Hunter moved that the resolution be approved.
On a voice vote, the Chair declared the motion carried.
****************************************************************
R-632-10-91 APPROVED
RESOLUTION TO ESTABLISH MONTHLY PARKING RATE
FOR WILLIAM AND FIRST PARKING LOT
RESOLVED, That the Ann Arbor City Council establish a monthly rate of $40.00 for
the William and First parking lot.
Councilmember Hunter moved that the resolution be approved.
On a voice vote, the Chair declared the motion carried.
****************************************************************
R-633-10-91 APPROVED
RESOLUTION TO TRANSFER DELINQUENT HOUSING
INSPECTION FEES TO THE 1991 DECEMBER CITY TAXROLL
Whereas, There are unpaid charges for housing inspections of private properties
within the City which were unpaid on June 30, 1991
Whereas, This Council did, on December 9, 1974, resolve that notice should be
given by first class mail to the owners of such properties of the amount due, and that this
Council did intend that such amount would be assessed against such property as a special
assessment unless paid on, or before October 31, 1991;
Whereas, The City Clerk has on file a list of such recently unpaid charges; and
Whereas, Notice has been sent to all owners of property affected by such
delinquent inspection fees, in accordance with the Council resolution of December 9, 1974;
to advise said property owners of the impending assessment;
RESOLVED, That the City Clerk shall forthwith certify to the City Assessor such
unpaid charges and the names of the owners of the premises so served; and
Council - October 21, 1991 45
RESOLVED, That such charges be levied as special assessments against such
owners and premises together with an additional penalty charge of 10% of the total unpaid,
as provided in Section 1:292 of the Ann Arbor City Code, and that the City Assessor shall
place the same on the next taxroll of the City and that such charges will be collected in the
same manner as general city taxes.
Councilmember Hunter moved that the resolution be approved.
On a voice vote, the Chair declared the motion carried.
****************************************************************
R-634-10-91 APPROVED AS REVISED
RESOLUTION SUPPORTING COOPERATION BETWEEN THE
CITY OF ANN ARBOR AND WASHTENAW COUNTY TO
REDUCE DUPLICATION OF GOVERNMENTAL SERVICES
Whereas, The City of Ann Arbor and Washtenaw County have separate singular
Risk Management and Public Purchasing programs which represent significant annual
costs to the City and County and current demands for increased services in a context of
limited revenues require that governments be more efficient and creative in providing
services;
Whereas, The City of Ann Arbor and Washtenaw County have an opportunity to
explore cooperative and centralize service delivery systems especially in the areas of Risk
Management and Public Purchasing which could offer cost savings to both the taxpayers
program administration and in the purchase of public goods;
Whereas, It is responsible and prudent for the City Council and the County Board to
explore the options available for the establishment of combined centralized administration
of programs in the areas of Risk Management and Public Purchasing; and
Whereas, A successful cooperative effort by the City and County may have
application to other municipalities in Washtenaw County which would offer even greater
eventual savings in Risk Management and Public Purchasing;
RESOLVED, That the Ann Arbor City Council and the Washtenaw County Board of
Commissioners wholeheartedly support a cooperative effort between the City and County
that can result in better services and lower costs and encourage and request the City and
County Administrators to explore the possibility of establishing combined single
administration of Risk Management and Public Purchasing activities;
46 Council - October 21, 1991
RESOLVED, That in support of the joint planning effort, the City and the County
each commit a sum of $9,000 to be available, if necessary, for the retention of a qualified
consultant to assist in reviewing current Risk and Purchasing programs; identifying
opportunities for combined management; designing single administrative systems with
standardized procedures and, if appropriate, preparing a draft cooperative agreement for
review by the City Council and County Board; and
RESOLVED, That the City and County Administrators submit to the Ann Arbor City
Council and the Board of Commissioners for review and discussion the results of the joint
planning effort with recommendations that are appropriate and consistent with the policy
direction of the City Council and Board of Commissioners cited in this resolution; and
RESOLVED, That the City Administrator, if appropriate, work with the Ann Arbor
School System, Intermediate School District and Washtenaw Community College to further
any efficiencies or cost savings that may be realized in the effort.
Councilmember Peterson moved that the resolution be approved.
On a voice vote, the Chair declared the motion carried.
****************************************************************
R-635-10-91 APPROVED
RESOLUTION ESTABLISHING 1991 FEES AND CHARGES
FOR DEPARTMENT OF PARKS AND RECREATION
BUHR PARK ICE RINK
Whereas, The Department of Parks and Recreation recommends the proposed fees
for 1991 to achieve budgeted levels of recreational facility self support;
Whereas, Support material has been prepared which summarizes facility self
support levels for the past ten year and pre-audited levels for 1990-91;
Whereas, The Park Advisory Commission and Recreation Advisory Commission
have recommended the proposed fees;
Whereas, The following significant issues and conclusions have been identified;
ISSUE CONCLUSIONS
Facility Self Support In order to maintain the self support level,
as established by resolution in March 17,
1980; March 23, 1981; February 22,
1982; February 14, 1983; February 11,
1985, and October 15, 1990, the
proposed fee schedule is recommended
for implementation for the 1991-92
Council - October 21, 1991 47
budget year.
Whereas, The Department of Parks and Recreation has previously been directed as
outlined in resolutions on March 17, 1980; March 23, 1981; February 22, 1982; February
14, 1983; February 23, 1984; February 11, 1985, and October 15, 1990 implement policies
to achieve 53% level of self support at Buhr Park; and
Whereas, The Department of Parks and Recreation has just completed renovation
and covering of the rink which will lead to an extended season;
RESOLVED, That the schedule of recreation facilities fees, on file with the City
Clerk's Office, be adopted and implemented for the 1991-92 budget year.
Councilmember Peterson moved that the resolution be approved.
On a voice vote, the Chair declared the motion carried.
****************************************************************
R-636-10-91 APPROVED
RESOLUTION TO APPROVE FEES FOR HURON HILLS SKI CENTER
Whereas, The Department of Parks and Recreation recommends the proposed fees
for 1991-92 to achieve specific levels of recreational facility self-support;
Whereas, The Department of Parks and Recreation has previously been directed as
outlined in a Resolution in 1985;
Whereas, The fees for the cross country ski center have remained the same since
1985; and
Whereas, The Park Advisory Commission and Recreation Advisory Commission
have recommended the proposed fees;
RESOLVED, That the proposed fees for Huron Hills Ski Center, on file with the
Clerk's Office, be adopted and implemented for the 1991-92 budget year.
Councilmember Coleman moved that the resolution be approved.
On a voice vote, the Chair declared the motion carried.
****************************************************************
48 Council - October 21, 1991
R-637-10-91 APPROVED
RESOLUTION TO APPROVE TRANSFER OF OWNERSHIP OF A
1988 12 MONTH RESORT CLASS C LICENSED BUSINESS
LOCATED AT 613-615 E. WILLIAM STREET
RESOLVED, That the request from the 3rd Coast, Inc. of Michigan to transfer
ownership of a 1988 12 Month Resort Class C licensed business with Dance-
Entertainment Permit, located in escrow at 20430 Northland, Hwy. US-131, Paris, MI.
49338, Green Twp. Mescosta County, from Mutual Savings and Loan Association; and
transfer location (governmental unit) to 613-615 E. William, Ann Arbor, MI. 48104,
Washtenaw County, and the request to drop Dance-Entertainment Permit, be approved.
Councilmember Coleman moved that the resolution be approved.
On a voice vote, the Chair declared the motion carried.
****************************************************************
R-638-10-91 APPROVED AS AMENDED
RESOLUTION APPROVING PARKING RATES
ASHLEY/WILLIAM PARKING LOT
Councilmember Coleman moved that the resolution be approved.
Councilmember Peterson moved that the resolution be amended as follows:
BE IT FURTHER RESOLVED, That the following parking rates are hereby
authorized:
A. Ashley/William (Attended) - .30 cents per half hour for first four hours,
$8.00 daily for any time beyond four hours.
B. Main/William (metered) - .30 cents per half hour. (Two hour meters only);
and to schedule this for a vote on November 4, 1991 pending review by the Parking
Advisory Committee.
On a voice vote, the chair declared the motion carried.
The question on the floor is approval of the resolution as amended. On a voice vote, the
Chair declared the motion carried.
Following is the resolution as approved:
Council - October 21, 1991 49
R-638-10-91
RESOLUTION REGARDING ASHLEY/WILLIAM SURFACE PARKING LOT
RESOLVED, That council approve the issuance of a purchase order in the amount
of $78,428 to Traffic & Safety Control Systems, Inc. for furnishing and installing equipment
necessary for the attended portion of the lot;
RESOLVED, That the sum of $90,000 is appropriated from the parking system fund
undesignated fund balance, to be reimbursed from funds lawfully available therefor
including a bond issue or tax increment revenues;
RESOLVED, That the City Administrator is hereby authorized to formulate and
administer a program for third party reimbursement of parking fees (merchant validations)
for the attended lot as necessary; and
RESOLVED, That the City Administrator is authorized to take necessary
administrative actions to implement this resolution.
****************************************************************
R-639-10-91 APPROVED
RESOLUTION TO ESTABLISH SPECIAL EVENTS PARKING RATES
RESOLVED, That a special event parking rate of $6.00 per space is herein
established by the Ann Arbor City Council at the following structures: Fourth and William;
Washington and First.
Councilmember Hunter moved that the resolution be approved.
On a voice vote, the Chair declared the motion carried.
****************************************************************
R-640-10-91 APPROVED AS SUBSTITUTED
RESOLUTION REGARDING MICHIGAN SENATE BILL #522
Councilmember Eckstein moved that the substitute resolution be approved.
Whereas, Michigan State Senator Paul Wartner has introduced legislation
50 Council - October 21, 1991
(Michigan Senate Bill #522) which would prohibit the formulation of local wetland
ordinances, and nullify existing local wetland ordinances;
Whereas, Bill #522 would prohibit local governments from fully controlling what is
historically a local government function (land development and zoning), to the detriment of
the home rule concept and local quality of life;
Whereas, Bill #522 would significantly reduce, or totally eliminate the protection
afforded wetlands presently covered by local ordinances in the state;
Whereas, Local ordinances may be more restrictive than state-wide legislation in
order to address specific local needs, but rarely less restrictive; and
Whereas, Ann Arbor is currently in the process of developing a Natural Features
Ordinance (including wetland protection) to replace existing Natural Features Guidelines;
RESOLVED, That the Mayor and City Council of Ann Arbor Michigan is opposed to
the special interest driven rational for this bill and its goals, and strongly recommends that
Senate Bill #522 be defeated. The Mayor and Council further instruct the City Clerk to
forward copies of this resolution to State Senator Paul Wartner, State Senator Lana
Pollack, Governor John Engler, the Director of the Michigan Department of Natural
Resources, and the Natural Resources Sub-Committees of the Michigan State Senate and
Michigan House of Representatives.
On a voice vote, the Chair declared the motion carried.
REPORTS FROM COUNCIL COMMITTEES
NOISE COMMITTEE
Councilmember Grady acknowledged and thanked Councilmember Dodge, all those
members of the Noisy Party Task Force as well as neighborhood, University of Michigan
student and administrative organizations, and City officials who helped to develop the
amendments to the Noise Ordinance approved this date. He said that these people would
be coming back in January to assess events of the fall and make further recommendations
to the Council.
SOLID WASTE COMMISSION
Councilmember Peterson, member of the Solid Waste Commission, announced that
beginning October 30 through November 16, citizens can recycle their phone books at all
Kroger stores and at the recycling drop-off station on South Industrial. Commercial
establishments who have a large number of phone books can make arrangements with
Council - October 21, 1991 51
Recycle Ann Arbor. This program is sponsored by the Kroger Company, Ameritech
Publishing, Pepsi Cola, Recycle Ann Arbor, NuWool and the City of Ann Arbor. The phone
books will be made into insulation and a mulch.
JOINT TAXING UNIT MEETING
Councilmember Ouimet reported on the Joint Taxing Units of Washtenaw County meeting
held on October 17. He attended this meeting along with Mayor Brater and City
Administrator Gatta. He said that a number of approaches were discussed that may help if
not resolve some tax challenges. One of the items discussed is coordination of efforts
between taxing units who have millage questions on the ballot, and joint projects that slow
down the expansion of government where it makes economic sense.
COMMUNICATIONS FROM THE MAYOR
APPOINTMENTS APPROVED
Mayor Brater asked for confirmation of the following appointments which were placed in
nomination at the last Council session:
EMPLOYEES' RETIREMENT SYSTEM - BOARD OF TRUSTEES
Ronald Bishop (to complete membership requirements)
1011 Lincoln
Term: 10-21-91 to 10-21-94
CITY ATTORNEY SEARCH COMMITTEE
P. E. Bennett
1108 Vesper
Suellyn Scarnecchia
3183 Homestead Commons
Robert E. Guenzel
1703 Morton
Gail Altenburg
2718 Hampshire
COMMUNITY DEVELOPMENT CITIZEN PARTICIPATION EXECUTIVE COMMITTEE
Samuel G. Offen (representing City Planning Commission)
52 Council - October 21, 1991
2330 Adare
Term: 10-21-91 to 10-21-93
INDIVIDUAL HISTORIC PROPERTIES HISTORIC DISTRICT STUDY COMMITTEE
Alex Deparry (upon the resignation of Robert Harrington)
403 South Fifth Avenue
(Term of office ends when Council takes final action on this Committee's
recommendations)
HISTORIC DISTRICT COMMISSION
George Dodd (reappointment)
722 Spring Street
Term: 10-21-91 to 10-21-94
Jean Ledwith King (to replace David Copi upon term expiration)
277 East Liberty
Term: 10-21-91 to 10-21-94
Councilmember Peterson moved that Council concur in the recommendation of the Mayor.
On a voice vote, the Chair declared the motion carried.
APPOINTMENTS NOMINATED
Mayor Brater placed the following names in nomination for confirmation at a later date:
DOWNTOWN DEVELOPMENT AUTHORITY
David A. DeVarti (upon resignation of John Finn)
415 Detroit
Term: 11-4-91 to 11-4-95
Tom Kittel (upon the resignation of Arnold Laubengayer)
365 Hazelwood
Term: 11-4-91 to 11-4-95
LOCAL OFFICERS' COMPENSATION COMMISSION
Kathy Edgren (upon moving out of the City of Reverend Hillegonds)
606 Linda Vista
Term: 11-4-91 to 9-30-98
Council - October 21, 1991 53
Mayor Brater expressed sympathy to the family of Vernon Phelps who recently passed
away. She noted that Vernon Phelps served for thirty years as the Chair of the Board of
Examiners of Electricians and Electrical Contractors.
COMMUNICATIONS FROM THE CITY ADMINISTRATOR
City Administrator Alfred A. Gatta presented the following information memorandums:
Î City Ownership of the Property at William and First Streets
Î On-Street Meter Locations
Î Solid Waste Department Monthly Progress Report
Î 1990-91 Crime and Incident Report
Î 1991-92 Sidewalk Repair Program
Î Legal Services Rendered with Respect to City of Ann Arbor Landfill
Î Evaluation Committee Report - Request for Proposals #274 - Collection Services of
Residential and Commercial Multi-Family Solid Waste
Î Comerica Bank Site
Î Payment of Sidewalk Claims
Î Council Follow-up 1/7-4 - Preparing Parking Structures for Winter
Î Termination of Parking Lease Arrangement with the Ann Arbor Development
Council, Inc.
Î Bulk, Appliance and Supplemental (Commercial) Solid Waste Services in
Surrounding Communities Analysis
Î Shefman Property
Î Availability of Quarterly Report on Line-item Budget Transfers
Î City of Ann Arbor 1990-1991 Annual Report
54 Council - October 21, 1991
The City Administrator received additional requests for information from Councilmembers
to be reported at a later date.
COMMUNICATIONS FROM THE CITY ATTORNEY
City Attorney Mel Laracey presented the following for the information of Council:
Î Conditioning Utility Service on Compliance with Erosion Control Ordinance
COMMUNICATIONS FROM COUNCIL
None.
CLERK'S REPORT OF COMMUNICATIONS, PETITIONS AND REFERRALS
The following communications were received
Î Governor John Engler acknowledging receipt of a Council approved resolution - File
Î Dwayne and Colleen Hayes - Domestic Partnership Ordinance
The following minutes were received and are filed with the City Clerk:
Î Zoning Board of Appeals - August 21, 1991
Î Housing Board of Appeals - September 4, 1991
Î Ann Arbor Energy Commission - August 15, 1991
Î Human Rights Commission - June 24, 1991
Î Ann Arbor Historic District Commission - September 12, 1991
Councilmember Hunter moved that the Clerk's report be approved.
On a voice vote, the Chair declared the motion carried.
AUDIENCE PARTICIPATION - GENERAL
None.
Council - October 21, 1991 55
ADJOURNMENT
There being no further business, Councilmember Hunter moved that the meeting be
adjourned.
On a voice vote, the Chair declared the motion carried and the meeting was adjourned at
10:35 p.m.
W. Northcross
Clerk of the Council
Linda J. Wise
Recording Secretary