Title
REGULAR SESSION - NOVEMBER 16, 1992
Body
Council - November 16, 1992 1
The regular session of the Ann Arbor City Council was called to order by Mayor Elizabeth
S. Brater at 7:35 p.m.
Council stood for a moment of silence.
Mayor Brater led the Pledge of Allegiance.
ROLL CALL OF COUNCIL
Present: Councilmembers Larry Hunter, Tobi Hanna-Davies, Kirk Dodge, Peter
Fink, Robert Grady, Nelson Meade, Kurt Zimmer, Peter Nicolas, Thais
Anne Peterson, Robert Eckstein, Mayor Elizabeth S. Brater, 11
Absent: 0
INTRODUCTIONS
Mayor Brater introduced Cub Scout Pack No. 111, Den No. 9 and Pack No. 11, Den No. 8.
PUBLIC COMMENTARY - RESERVED TIME
DAVE MARTENS - ASSISTED PUBLIC HOUSING
Dave Martens, 2927 Marshall, supported city-wide scattered sites for low-income assisted
housing rather than single neighborhood concentration.
SHEILA TYLER - ANN ARBOR HOUSING COMMISSION
Sheila Tyler, 1711 Green Road, member of the Public Housing Tenants Union, objected to
Housing Commission efforts to terminate the employment of Executive Director Conrad
Benson.
MARYANN HINTON - ANN ARBOR HOUSING COMMISSION
Maryann Hinton, 3455 Platt Road, said that Housing Commission Executive Director
Conrad Benson is responsible for improved conditions in the public housing system and
improved tenant relations.
JEAN KING - VOTING MACHINES
2 Council - November 16, 1992
Jean King, 3134 Sunnywood, reviewed the history of voting in Ann Arbor and the shortcomings
of punch-card voting. The Optec voting system was recommended because it has
a "paper trail" back up system and protects from over-voting.
CHRISTI CLARK - MATERIALS RECYCLING FACILITY
Christi Clark, 220 S. Washington, Manchester, MI., representing BFI, said that the
company meets all of the City's MRF requirements and offered to address any concerns.
Each Council member was given a video tape of the company's operations.
RUTH ZWEIFLER - CONCERNS OF YOUTH
Ruth Zweifler, representing Student Advocacy, asked Council participation in a task force
to provide assistance to troubled youth. (complete statement filed with the City Clerk.)
PUBLIC HEARINGS
CENTRAL AREA PLAN
A public hearing was conducted on the Central Area Plan (a plan which identifies action
strategies for the preservation, revitalization and redevelopment of the central part of the
city).
The following persons appeared:
Lalahni Wessinger, 2216 Melrose, Paul Ryder, a west side resident and Margaret Wong,
members of the Central Area Plan Task Force, urged adoption of the plan. The plan
achieved the consensus of the task force and is financially feasible.
Ray Detter, Chair of the Downtown Development Authority Citizens Council, urged
adoption of the Central Area Plan but requested assurance of enactment of legislation to
implement the plan, and a clear statement of the Planning Department process to be
followed by future developers under both the Downtown and Central Area Plan.
There being no further speakers, the Chair declared the hearing closed.
Council - November 16, 1992 3
PUBLIC SERVICES DEPARTMENT STANDARD SPECIFICATIONS
A public hearing was conducted on the Public Services Department Standard
Specifications (standards for public improvements such as City utilities, public streets, etc.
which are applicable for publicly constructed projects as well as private development
projects).
There being no one to speak at this public hearing, the Chair declared the hearing closed.
APPROVAL OF AGENDA
Councilmember Hunter moved that the agenda be approved with the following changes:
CONSENT AGENDA
Delete: Resolution to Approve Grammatico Annexation, 0.22 acre, 430
Parkwood (Planning Commission recommendation: Approval - 8
yeas and 0 nays)
Add: Resolution to Accept Board of Insurance Administration Minutes of
November 10, 1992 and Authorize Payments (8 Votes Required) -
Deleted from Motions and Resolutions
MOTIONS AND RESOLUTIONS
Add Sponsor: Resolution Regarding Federal Designation of the Ann Arbor, M1
Primary Metropolitan Statistical Area (PMSA) Mayor Brater AND
COUNCILMEMBER NICOLAS)
Delete: Resolution to Accept Board of Insurance Administration Minutes of
November 10, 1992 (8 Votes Required) - See Consent Agenda
Add: Resolution to Ratify Downtown Development Authority Parking
Agreement (Mayor Brater)
Add: Resolution Authorizing Levy of Millage on the December, 1992 County
Tax Levy for the City's Share of Various Storm Drain Debt Payments
Add and Resolution to Lease-Purchase a New Voting System
Substitute: (Mayor Brater AND COUNCILMEMBER ECKSTEIN) (This is a
substitute for the Resolution To Put a One-Time Millage Request
4 Council - November 16, 1992
on the City Ballot of 1993 for the Purchase of New Voting
Machines (Councilmember Eckstein)
Add: Resolution to Support Early Voting System in the State of Michigan
(Mayor Brater)
COMMUNICATIONS FROM THE MAYOR
Add: Nominations and Revision of HIV/AIDS Task Force list to designate
alternate
CLERK'S REPORT OF COMMUNICATIONS, PETITIONS AND REFERRALS
Add: Varsity Ford Regarding Bid No. 2357 - Public Services Department
Add: Wallace C. Donoghue regarding city ownership of a waste recycling
facility - File
On a voice vote, the Chair declared the motion carried.
Councilmember Eckstein asked for Council consent to add the following resolution:
Add: Resolution Concerning Michigan House Bill 5407 and Support for
Seiter and Kirscht, Inc. (Councilmember Eckstein)
On a voice vote, the Chair declared the motion carried with Councilmember Zimmer
dissenting.
Councilmember Eckstein asked for Council consent to add the following resolution:
Add: Resolution Concerning the Ann Arbor Housing Commission
(Councilmember Eckstein)
On roll call the vote was as follows: Yeas, Councilmembers Dodge, Fink, Zimmer, Nicolas,
Eckstein, 5
Nays, Councilmembers Hunter, Hanna-Davies, Grady, Meade, Peterson, Mayor Brater, 6
The Chair declared the motion defeated for lack of the 9 necessary votes.
APPROVAL OF COUNCIL MINUTES
Councilmember Hanna-Davies moved that the minutes of October 19-21 be approved with
the correction of the name of June RESTON, and that the November 2 minutes be
Council - November 16, 1992 5
approved as presented.
On a voice vote, the Chair declared the motion carried.
CONSENT AGENDA
CONSENT AGENDA APPROVED
The following Consent Agenda was considered:
R-564-11-92 APPROVED
RESOLUTION TO AWARD CONTRACT FOR
WASTEWATER TREATMENT PLANT SLUDGE
PIPING ADDITIONS - BID NO. 2321
($45,000)
Whereas, Sludge pumping additions, valves and in line sludge mixers are
necessary to transfer sludge from the Sludge Handling Building to the existing
decommissioned sludge digester tanks to concentrate and store sludge for land
application;
Whereas, Land application of sludge is more economical and environmentally
preferred to sludge incineration;
Whereas, The Utilities Department Wastewater Treatment Plant Division, through
the Purchasing Department, advertised for bids to install the necessary sludge piping,
valves and mixers as specified in Bid No. 2321;
Whereas, Five (5) bids were received and reviewed, and Process Piping &
Equipment Inc. is recommended as the lowest responsible bidder at a bid of $39,150;
Whereas, On September 16, 1992, the Personnel/Human Rights Department
approved Process Piping & Equipment Inc. to perform this work;
RESOLVED, That Council accepts the bid and awards the contract to Process
Piping & Equipment Inc. for $39,150 to perform the work as specified in Bid No. 2321;
RESOLVED, That Council approves a contingency for this work in the amount of
$5,850 to finance change orders to be approved by the City Administrator;
RESOLVED, That the following project budget is approved for the life of the project,
to be available until expended without regard to fiscal year;
6 Council - November 16, 1992
Contract Work $39,150
Contingency $ 5,850
$45,000
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 System approved FY 92/93 Operating Budget
******************************
R-565-11-92 APPROVED
RESOLUTION TO APPROVE TWO 1992
POLICE PATROL CARS FISCAL YEAR
1992-93 ($29,000)
Whereas, The Public Services Department, Fleet Services Division requests the
purchase of two police patrol cars;
Whereas, Shaheen Chevrolet was the lowest responsible bidder, for $29,000; and
Whereas, Shaheen Chevrolet received Human Rights approval on October 1, 1992;
RESOLVED, That City Council approves the issuance of a purchase order to
Shaheen Chevrolet in the amount of $29,000.
******************************
Council - November 16, 1992 7
R-566-11-92 APPROVED
RESOLUTION TO APPROVE CONTRACT
CHANGE ORDER TO BE ISSUED TO BASELINE
CONSTRUCTORS FOR INSTALLATION OF
STEEL ARCH TRUSS IN WEST PARK
BAND SHELL ($20,405)
Whereas, It has been determined that immediate replacement of the arch truss is
necessary to protect the structural integrity of the West Park Band Shell;
Whereas, Baseline Constructors was the qualified low bidder for the selective
demolition and bracing of the structure and has submitted a cost proposal for installation of
the replacement structural steel arch;
Whereas, The proposal submitted by Baseline Constructors has been evaluated by
Quinn Evans/Architects (architectural consultant to the City for this project) and is felt to be
reasonable;
Whereas, Due to the fragile condition of the historic structure, the work needs to be
completed as soon as possible by the contractor currently on site as an emergency repair;
and
Whereas, Work to be performed under this change order is included within the
project budget of $200,000;
RESOLVED, That the Mayor and Council approve of amending the current contract
with Baseline Constructors to include installation of a structural steel arch to replace the
deteriorated wooden arch in the West Park Band Shell, for an additional amount of
$20,405 (for a new contract total of $29,000).
******************************
R-567-11-92 APPROVED
RESOLUTION TO APPROVE CONTRACT
FOR ENGINEERING SERVICES FOR
PEDESTRIAN BRIDGES ($22,851)
Whereas, The pedestrian bridges at Gallup Park, Argo Park and Sheffler Park are in
need of repair for safety and structural integrity;
Whereas, Funds are available from the 1989-94 Rehabilitation and Development
Millage for each of the parks;
8 Council - November 16, 1992
Whereas, The City of Ann Arbor Purchasing Department and the Department of
Parks and Recreation bid the project as RFP #305;
Whereas, Capital Consultants, Inc. submitted the most thorough proposal and the
lowest responsible bid for engineering services; and
Whereas, Human Rights approval was obtained on November 2, 1992;
RESOLVED, That Mayor and City Council approve the recommendation of the City
Administrator to approve a contract to award RFP #305 to Capital Consultants, Inc. in the
amount of $22,851 and authorize the Mayor and City Clerk to sign the agreement with
Capital Consultants substantially in the form on file with the City Clerk; and
RESOLVED, That Mayor and City Council approve a contingency for this project in
the amount of $2,285, which represents 10% of the cost of the project.
******************************
R-568-11-92 APPROVED
RESOLUTION TO APPROVE NEW 12 MONTHS
RESORT CLASS C LICENSE TO BE
LOCATED AT EISENHOWER PARKWAY
AND ANN ARBOR SALINE ROAD FOR
APPLEBEE'S RESTAURANT
RESOLVED, That the request of Applebee's of Michigan, Inc. for a new 12 Months
Resort Class C license to be located at Eisenhower Parkway and Saline-Ann Arbor Road,
Ann Arbor, Mi. Washtenaw County, be approved contingent upon final inspection by the
City of Ann Arbor Building and Fire Departments.
******************************
R-569-11-92 APPROVED
RESOLUTION TO GRANT WATER SERVICE
OUTSIDE CITY LIMITS TO 3015 STONE
SCHOOL ROAD
Whereas, Elena Tsi, owner of the property at 3015 Stone School Road, on
November 2, 1992 requested that the City extend public water service for their use to the
property in Pittsfield, Township prior to the completion of the annexation process;
Council - November 16, 1992 9
Whereas, Ms. Tsi desires to enter into the standard agreement with the City which
provide an equitable method of obtaining City service outside of its Corporate Boundaries;
and
Whereas, On November 2, 1992 Elena Tsi petitioned the City for annexation under
Planning Department file number 12102Y1.1 and .2;
RESOLVED, That the Mayor and Clerk are hereby 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; that the City Clerk is hereby directed to send a
copy of this resolution and the agreement by first class mail to the above property owner;
and that the Utilities Department shall promptly have this resolution and the agreement
recorded in the Office of the Register of Deeds of Washtenaw County, Michigan.
******************************
R-570-11-92 APPROVED
RESOLUTION TO ACCEPT BOARD OF
INSURANCE ADMINISTRATION MINUTES
OF NOVEMBER 10, 1992 AND
AUTHORIZE PAYMENTS
RESOLVED, That the Board of Insurance Administration Minutes of November 10,
1992 be accepted and that the payments therein be authorized.
Councilmember Hunter moved that the Consent Agenda be approved.
On a voice vote, the Chair declared the motion carried.
ORDINANCES - SECOND READING
77-92 APPROVED
SIDEWALK SNOW AND ICE REMOVAL
AN ORDINANCE TO AMEND SECTIONS 4:60, 4:61, 4:62 AND 4:63 OF CHAPTER 49
OF TITLE IV OF THE CODE OF THE CITY OF ANN ARBOR
This ordinance would require the owner or occupant of residentially zoned
property to remove accumulation of snow greater than 1 inch from the
sidewalk within 12 hours. The ordinance clarifies procedures for City removal
10 Council - November 16, 1992
of snow when the owner fails to do so.
Councilmember Grady moved that the ordinance be approved at second reading.
Councilmember Grady moved that the ordinance be tabled to December 7, 1992, for City
Attorney review of whether to include bike paths in the ordinance.
On a voice vote, the Chair declared the motion carried and the ordinance tabled.
ORDINANCES - FIRST READING
78-92 APPROVED
AN ORDINANCE TO AMEND SECTIONS 1:559(C), 1:564(3)(4), 1:566(1)(2) AND 1:575
OF CHAPTER 18 OF TITLE I OF THE CODE OF THE CITY OF ANN ARBOR.
This amendment would provide additions to the Retirement System
ordinance of a "pop up" provision, residual refund upon death, optional
membership for mayor's secretary, additional interest to retiree reserve.
Councilmember Grady moved that the ordinance be approved at first reading.
Councilmember Hunter moved to table pending Council review of the costs involved in the
ordinance changes.
On roll call the vote was as follows: Yeas, Councilmembers Hunter, Hanna-Davies,
Zimmer, Mayor Brater, 4
Nays, Councilmembers Dodge, Fink, Grady, Meade, Nicolas, Eckstein, 6
The Chair declared the motion defeated.
The question on the floor is approval of the ordinance at first reading, on roll call the vote
was as follows: Yeas, Councilmembers Fink, Grady, Meade, Zimmer, Nicolas, Eckstein, 6
Nays, Councilmembers Hunter, Hanna-Davies, Dodge, Peterson, Mayor Brater, 5
The Chair declared the motion carried.
Council - November 16, 1992 11
79-92 APPROVED (REQUIRES ONLY ONE READING)
AN ORDINANCE TO PROVIDE FOR THE ISSUANCE AND SALE OF REVENUE
REFUNDING BONDS OF EQUAL STANDING WITH CERTAIN OUTSTANDING
SEWAGE DISPOSAL SYSTEM REVENUE BONDS, TO PAY THE COST OF
REFUNDING ALL OF THE CITY'S SEWAGE DISPOSAL SYSTEM REVENUE BONDS,
SERIES VII AND VIII AND TO PRESCRIBE THE FORM OF THE REFUNDING BONDS;
TO PROVIDE FOR THE COLLECTION OF REVENUES FROM THE SYSTEM
SUFFICIENT FOR THE PURPOSE OF PAYING THE COSTS OF OPERATION AND
MAINTENANCE OF THE SYSTEM AND TO PAY THE PRINCIPAL OF AND INTEREST
ON THE REFUNDING BONDS AND CERTAIN OUTSTANDING BONDS OF THE
SYSTEM; TO PROVIDE AN ADEQUATE RESERVE FUND FOR THE REFUNDING
BONDS AND OUTSTANDING BONDS OF THE SYSTEM; TO PROVIDE FOR THE
SEGREGATION AND DISTRIBUTION OF THE REVENUES; TO PROVIDE FOR THE
RIGHTS OF THE HOLDERS OF THE REFUNDING BONDS AND OUTSTANDING
BONDS OF THE SYSTEM IN ENFORCEMENT THEREOF; AND TO PROVIDE FOR
OTHER MATTERS RELATING TO THE SYSTEM AND THE REFUNDING BONDS AND
OUTSTANDING BONDS OF THE SYSTEM.
Councilmember Eckstein moved that the ordinance be approved.
On roll call the vote was as follows: Yeas, Councilmembers Hunter, Hanna-Davies, Dodge,
Fink, Grady, Meade, Zimmer, Nicolas, Peterson, Eckstein, Mayor Brater, 11
Nays, 0
The Chair declared the motion carried.
80-92 APPROVED (REQUIRES ONLY ONE READING)
AN ORDINANCE TO PROVIDE FOR THE ISSUANCE AND SALE OF REVENUE
REFUNDING BONDS OF EQUAL STANDING WITH CERTAIN OUTSTANDING WATER
SUPPLY SYSTEM REVENUE BONDS, TO PAY THE COST OF REFUNDING ALL OF
THE CITY'S WATER SUPPLY SYSTEM REVENUE REFUNDING BONDS, SERIES I, J, L
AND M; TO PROVIDE FOR THE COLLECTION OF REVENUES FROM THE SYSTEM
SUFFICIENT FOR THE PURPOSE OF PAYING THE COSTS OF OPERATION AND
MAINTENANCE OF THE SYSTEM AND TO PAY THE PRINCIPAL OF AND INTEREST
ON THE REFUNDING BONDS AND CERTAIN OUTSTANDING BONDS OF THE
SYSTEM; TO PROVIDE AN ADEQUATE RESERVE FUND FOR THE REFUNDING
BONDS AND OUTSTANDING BONDS OF THE SYSTEM; TO PROVIDE FOR THE
SEGREGATION AND DISTRIBUTION OF THE REVENUES; TO PROVIDE FOR THE
RIGHTS OF THE HOLDERS OF THE REFUNDING BONDS AND OUTSTANDING
BONDS OF THE SYSTEM IN ENFORCEMENT THEREOF; AND TO PROVIDE FOR
OTHER MATTERS RELATING TO THE SYSTEM AND THE REFUNDING BONDS AND
12 Council - November 16, 1992
OUTSTANDING BONDS OF THE SYSTEM.
Councilmember Hunter moved that the ordinance be approved.
On roll call the vote was as follows: Yeas, Councilmembers Hunter, Hanna-Davies, Dodge,
Fink, Grady, Meade, Zimmer, Nicolas, Peterson, Eckstein, Mayor Brater, 11
Nays, 0
The Chair declared the motion carried.
81-92 TABLED
HISTORIC DISTRICT CODE APPEALS PROCESS
AN ORDINANCE TO AMEND SECTIONS 8:416 AND 8:417 OF CHAPTER 103 OF TITLE
VIII
This ordinance amendment would eliminate the Zoning Board of Appeals
from the appeals process in Historic District matters and allow aggrieved
parties to appeal directly to the State Historic Preservation Review Board.
Councilmember Grady moved that the ordinance be approved at first reading.
Councilmember Nicolas moved that the ordinance be tabled pending receipt of information
on the potential long-term costs and fees to be charged.
On roll call on the motion to table the vote was as follows: Yeas, Councilmembers Hunter,
Hanna-Davies, Dodge, Grady, Meade, Zimmer, Nicolas, Peterson, Eckstein, Mayor Brater,
10
Nays, Councilmember Fink, 1
The Chair declared the motion carried and the ordinance tabled.
82-92 APPROVED
WEAPONS AND EXPLOSIVES
AN ORDINANCE TO AMEND CHAPTER 115 OF THE ANN ARBOR CITY CODE BY
AMENDING SECTIONS 9:260-9:268 AND ADDING NEW SECTIONS 9:269-278
This amendment would bring the City's ordinance governing weapons and
explosives into compliance with the State's statute to define who may
Council - November 16, 1992 13
possess firearms and where those firearms may be possessed or
brandished, and would allow warrants to be issued under City authority
rather than County.
Councilmember Dodge moved that the ordinance be approved at first reading.
On a voice vote, the Chair declared the motion carried.
MOTIONS AND RESOLUTIONS
R-571-11-92 SUBSTITUTE APPROVED AS AMENDED
RESOLUTION REGARDING VOTING MACHINES
Councilmember Eckstein moved that the resolution be approved.
Councilmember Zimmer moved that the resolution be amended in the last paragraph as
follows:
Now, Therefore, Be It Resolved, That the City Council asks the City
Administrator <to work out a plan to lease-purchase a new voting system>
TO INVESTIGATE PLANS TO OBTAIN A NEW VOTING SYSTEM NO
LATER THAN THE NOVEMBER 1994 ELECTION.
On roll call the vote was as follows: Yeas, Councilmembers Dodge, Fink, Grady, Meade,
Zimmer, Nicolas, Eckstein, 7
Nays, Councilmembers Hunter, Hanna-Davies, Peterson, Mayor Brater, 4
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:
R-571-11-92 APPROVED
RESOLUTION REGARDING VOTING MACHINES
Whereas, The City's voting machines are old, difficult to maintain, cumbersome to
move and store, and only operational due to the herculean efforts of City staff;
Whereas, These machines have been the cause of periodic voting problems in
14 Council - November 16, 1992
recent years; and
Whereas, The number of machines is inadequate for some elections;
RESOLVED, That the City Council asks the City Administrator to investigate plans
to obtain a new voting system no later than the November 1994 election; and
RESOLVED, That the Council requests the City Administrator to forward to Council
information on available voting systems and costs, including the Optical Scanning Voting
System and any other new voting technology that may be available.
****************************************************************
R-572-11-92 APPROVED
RESOLUTION TO PROCLAIM ART DAY IN ANN ARBOR
DECEMBER 5, 1992
Whereas, Art serves to enrich by bringing economic and cultural vitality to the
community;
Whereas, The City of Ann Arbor is abundantly endowed with a consistency of art
organizations, galleries, and artists who are nationally recognized;
Whereas, The establishment of a special day brings to the forefront the prominence
of art in this community;
Whereas, The creative energies of the artistic community in Ann Arbor exemplify
this city as unique;
RESOLVED, That the Mayor and City Council of Ann Arbor, Michigan, do hereby
recognize December 5, 1992 as ART DAY IN ANN ARBOR to salute this day as a sharing
of art by recognizing the contributions art makes to enhance the economic and cultural
vitality of our city.
Councilmember Grady moved that the resolution be approved.
On a voice vote, the Chair declared the motion carried.
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Council - November 16, 1992 15
R-573-11-92 APPROVED
RESOLUTION REGARDING FEDERAL DESIGNATION
OF THE ANN ARBOR, M1 PRIMARY METROPOLITAN
STATISTICAL AREA (PMSA)
Whereas, The Federal Office of Management and Budget (OMB) currently is
reviewing the definitions of all metropolitan areas as a result of 1990 U.S. Census data and
is requesting local opinion concerning the redefinition of the current Ann Arbor, Mi. primary
metropolitan statistical area (PMSA);
Whereas, Washtenaw County has had separate recognition as the Ann Arbor, Mi.
PMSA since the 1940 census and, under the OMB's revised standards, continues to be
eligible for PMSA status, provided local opinion supports separate recognition;
Whereas, Livingston and Lenawee Counties now qualify to be included in the
Detroit, MI consolidated metropolitan statistical area and may request to be included in the
Ann Arbor, MI PMSA; and
Whereas, Continued separate recognition of the Ann Arbor, MI PMSA would
facilitate continuity in data collection and the recognition of local conditions such as fair
market rent levels and median income;
RESOLVED, That the Ann Arbor City Council supports continued separate
recognition of the Ann Arbor, MI PMSA;
RESOLVED, That the Ann Arbor City Council does not find the inclusion of
Livingston County or Lenawee County into the Ann Arbor, MI PMSA to be in the best
interests of the City; and
RESOLVED, That this resolution be forwarded to the Office of Management and
Budget for its consideration as part of the collection of local opinion.
Councilmember Eckstein moved that the resolution be approved.
On a voice vote, the Chair declared the motion carried.
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16 Council - November 16, 1992
R-574-11-92 REVISED SUBSTITUTE APPROVED
RESOLUTION SUPPORTING ASSESSMENT LIMITATION
Whereas, The State Legislature enacted an assessment freeze which will end in
1993, requiring a two-year increase in assessments;
Whereas, The State of Michigan relies too heavily on the property tax, resulting in a
burden on Ann Arbor taxpayers;
Whereas, The City of Ann Arbor is required by state law to assess property at 50
percent of market value; and
Whereas, The Ann Arbor City Council does not wish to burden its taxpayers with a
two-year assessment increase in one year;
RESOLVED, That the Ann Arbor City Council requests the State legislature to adopt
for 1993 a limitation on homestead assessment increases of 4.5 percent, or the level of the
CPI, whichever is less;
RESOLVED, That the Ann Arbor City Council urges the Governor and Legislature to
reform Michigan's taxing system in a way that provides property tax relief and allows local
governments to maintain an adequate level of services; and
RESOLVED, That the City Clerk will forward a copy of this resolution to the
Governor, our State Representatives, our State Senator, the Michigan Municipal League,
and Southeast Michigan Council of Governments (SEMCOG).
Councilmember Grady moved that the resolution be approved.
On a voice vote, the Chair declared the motion carried.
****************************************************************
R-575-11-92 APPROVED
RESOLUTION TO INCREASE CITY ADMINISTRATOR'S SALARY
Whereas, The City Council has evaluated the City Administrator for his first year of
service with the City of Ann Arbor;
RESOLVED, That the City Administrator will receive an increase in annual salary of
two Percent (2%), retroactive to July 15, 1992.
Council - November 16, 1992 17
Councilmember Hunter moved that the resolution be approved.
On a voice vote, the Chair declared the motion carried.
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R-576-11-92 APPROVED
RESOLUTION RECOGNIZING JUDGE S. J. ELDEN
Whereas, Judge S. J. Elden, since August 10, 1956, has served the citizens of the
City of Ann Arbor and the State of Michigan as 15th District Court Judge;
Whereas, Judge S. J. Elden, having recognized the importance of maintaining
positive working relationships with those having matters before the 15th District Court,
continually worked with the Ann Arbor City Council, City Administrator, the City Attorney's
and County Prosecutor's offices, members of the bar and all others having business before
the 15th District Court to enhance these working relationships and to improve our system
of justice;
Whereas, Judge S. J. Elden has diligently worked during his terms of office to
minimize the disruptions that court appearances may have on the daily lives of jurors and
other citizens who may be required to use the court's services;
Whereas, Judge S. J. Elden, in spirit and in practice, embodies the highest
standards of professional conduct of his elected office; and
Whereas, Those individuals associated with the justice system in our community will
deeply miss Judge S. J. Elden's dedication and commitment to protecting the fundamental
concepts of our legal system;
RESOLVED, That the Ann Arbor City Council congratulates Judge S. J. Elden on
his retirement from the 15th District Court bench and by this resolution, expresses its
gratitude for his contributions to improving the administration of justice.
Councilmember Zimmer moved that the resolution be approved.
On a voice vote, the Chair declared the motion carried.
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18 Council - November 16, 1992
R-577-11-92 APPROVED
RESOLUTION TO APPROVE PURCHASE ORDER
INCREASE FOR ELECTRICAL AND
INSTRUMENTATION MAINTENANCE SERVICE
($29,900)
Whereas, Electrical and instrumentation maintenance services are needed for the
hydropower dam and water supply operations;
Whereas, Most of these services are of a highly technical nature and are efficiently
and cost effectively performed by a firm that is specifically qualified and familiar with this
specialized equipment;
Whereas, Utilities Instrumentation Services has such knowledge and has been
involved in the design and installation of much of this equipment in the water supply, dam
and hydropower systems; and
Whereas, On May 22, 1992 the Human Resources Department has approved
Utilities Instrumentation Service to perform these services;
RESOLVED, That Council directs the City Administrator to increase the standing
purchase order issued to Utilities Instrumentation Service from $14,900 to $29,900.
Sources of Funds: Utilities Department Water Treatment Plant and Hydropower FY
1992/93 Approved Operating Budgets.
Councilmember Grady moved that the resolution be approved.
On a voice vote, the Chair declared the motion carried.
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R-578-11-92 APPROVED
RESOLUTION VACATING A UTILITY EASEMENT
AT 907 AND 909 WILLOW STREET AND
225 NORTH SEVENTH STREET
Whereas, The City acquired a utility easement over Lots 10 and 11 and parts of
Lots 8 and 9 of the L. Grunners Additions, as recorded in Liber 199 of Plats, Page 183;
Whereas, The owners have requested the City to vacate the easement described
Council - November 16, 1992 19
below; and
Whereas, The City has no utilities installed in the easement and no longer has a use
for it;
RESOLVED, That the City hereby quit claims and releases its interest in the
easement which is located in the City of Ann Arbor, Michigan and more fully described as
follows:
The East 9.43 feet of lots 10 and 11 and the north 1/2 of lot 12 and the north
165 feet of land platted as Mineral Street; also the north 8 feet of Lot 9; also
the west 50 feet of the south 58 feet of lot 9; also the north 22 feet of the
west 50 feet of lot 8, all in L. Grunners Addition to the City of Ann Arbor,
Michigan.
Councilmember Grady moved that the resolution be approved.
On a voice vote, the Chair declared the motion carried.
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R-579-11-92 APPROVED
RESOLUTION TO AWARD CONTRACT FOR THE BROADWAY
TERRACE IMPROVEMENT PROJECTS
($259,000)
Whereas, The twenty public housing rental units at 1504, 1506 and 1508 Broadway
need major rehabilitation;
Whereas, The Department of Housing and Urban Development, through the
Comprehensive Improvement Program, has provided funds for this project based on its
acceptance of the required documents;
Whereas, The Ann Arbor Housing Commission, through its architectural firm, has
prepared plans and specifications which resulted in the submission of bids; and
Whereas, Slavik, Butcher & Baecker Construction Co., Inc. of Rochester Hills,
Michigan, has submitted the lowest responsible bid of $259,000 for the Broadway
Improvement Project;
Whereas, Slavik, Butcher & Baecker Construction Co., Inc. has received Human
Rights approval from the City of Ann Arbor;
20 Council - November 16, 1992
RESOLVED, That the Mayor and City Clerk be authorized to execute the contract
that is substantially in the form filed with the City Clerk.
Councilmember Grady moved that the resolution be approved.
On a voice vote, the Chair declared the motion carried.
****************************************************************
R-580-11-92 APPROVED
RESOLUTION TO APPROVE MEMORANDUM OF LEASE
AND ASSIGNMENT WITH SHELTER ASSOCIATION
OF ANN ARBOR FOR 201 W. WILLIAM
Whereas, The Shelter Association is undertaking rehabilitation of the structure
located at 201 W. William which, upon completion, will contain 6 units of affordable
housing;
Whereas, The Shelter Association has received in addition to the City approved
funds, commitments from the Michigan Housing Trust Fund as well as Low Income
Housing Tax Credits to finance project costs; and
Whereas, In order to complete the tax credit syndication agreement, the City must
approve the assignment of the lease with the Shelter Association;
RESOLVED, That City Council approve the assignment of lease with the Shelter
Association for 201 W. William to William Street Apartments Limited Partnership; and
RESOLVED, That City Council direct the Mayor and City Clerk to execute the
documents necessary to implement this assignment substantially in the form on file in the
office of the City Clerk.
Councilmember Grady moved that the resolution be approved.
On a voice vote, the Chair declared the motion carried.
****************************************************************
Council - November 16, 1992 21
R-581-11-92 APPROVED
RESOLUTION TO APPROVE SUBMISSION OF GRANT
APPLICATION TO MICHIGAN DEPARTMENT OF STATE
FOR KEMPF HOUSE REHABILITATION PROJECT
($13,500)
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
Department of Parks and Recreation is seeking such funds for major rehabilitation work on
the historic, city-owned Kempf House; and
Whereas, This project will benefit both Ann Arbor residents and visitors of all ages
by helping to preserve a valued landmark and visitor attraction;
RESOLVED, That the City Council approve the submission of a grant application to
the Michigan Department of State for $13,500 for the Kempf House Rehabilitation Project;
RESOLVED, That upon approval of the application by the Michigan Department of
State, the City Council accepts the allocation and authorizes the Mayor and City Clerk to
execute the required grant agreements; and
RESOLVED, that upon execution of the grant agreements, the City Council
appropriates $13,500 from the grant for the Kempf House Rehabilitation project.
Councilmember Grady moved that the resolution be approved.
On a voice vote, the Chair declared the motion carried.
****************************************************************
R-582-11-92 REVISED APPROVED
RESOLUTION TO INVESTIGATE OPTIONS FOR 15TH
DISTRICT COURT FUNDING AGENCY
Whereas, Council has instructed the City Administrator to investigate the space
needs of the 15th District Court in a resolution passed November 2, 1992; and
Whereas, The City's current role as funding agency of the 15th District Court may
22 Council - November 16, 1992
have various financial and technical implications which might be material to the "Unified
Court" pilot project and to the space needs of the Court;
RESOLVED, That the City Administrator and the City Attorney evaluate the option
of relinquishing the City's role as the Court's funding agency, and provide Council with the
economic and technical implications of such option; and
RESOLVED, That such evaluation be submitted to Council as part of the
alternatives and plans requested in the Council resolution passed November 2, 1992.
Councilmember Fink moved that the resolution be approved.
On a voice vote, the Chair declared the motion carried.
****************************************************************
R-583-11-92 SUBSTITUTE APPROVED
RESOLUTION TO RATIFY DOWNTOWN DEVELOPMENT
AUTHORITY PARKING AGREEMENT
BETWEEN CITY/DDA AND BORDER'S INC.
RESOLVED, That the City of Ann Arbor herein consents and approves
substantially, in the form filed with the City Clerk, the agreement between the City/DDA and
Borders, Inc., relative to the leasing of certain parking accommodations and that the City
Administrator and Attorney and Mayor are authorized to execute said lease, it being
understood that certain changes are to be mutually agreed upon by the parties.
Councilmember Peterson moved that the resolution be approved.
On roll call the vote was as follows: Yeas, Councilmembers Hunter, Hanna-Davies, Dodge,
Fink, Grady, Meade, Nicolas, Peterson, Mayor Brater, 9
Nays, Councilmember Zimmer, 1
Absent for the vote, Councilmember Eckstein, 1
The Chair declared the motion carried.
****************************************************************
Council - November 16, 1992 23
R-584-11-92 APPROVED
RESOLUTION AUTHORIZING LEVY OF MILLAGE ON THE
DECEMBER 1992 COUNTY TAX LEVY FOR THE CITY'S
SHARE OF VARIOUS STORM DRAIN DEBT PAYMENTS
Whereas, Washtenaw County has levied assessments on the City of Ann Arbor for
various storm sewer capital and maintenance projects, as follows:
County Farm Drain 1 of 1 $ 1,182.35
Mallet's Creek Drain 1 of 1 19,809.60
Swift Run Drain 1 of 1 4,846.72
Earhart West Drain 1 of 1 2,392.79
Subtotal Maintenance 28,231.46
Pittsfield-Ann Arbor Drain 16 of 26 218,178.38
Subtotal Capital 218,178.38
GRAND TOTAL $ 246,409.84
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 .1064 mills on the
December, 1992 Washtenaw County tax levy (City of Ann Arbor properties only) for the city
share of drain payments as outlined above.
Councilmember Hunter moved that the resolution be approved.
On a voice vote, the Chair declared the motion carried.
****************************************************************
24 Council - November 16, 1992
R-585-11-92 APPROVED
RESOLUTION TO SUPPORT EARLY VOTING SYSTEM IN
THE STATE OF MICHIGAN
Whereas, Voters in the City of Ann Arbor and all across the State of Michigan
experienced long lines at polling places during the November 3, 1992 election;
Whereas, Two to three hour waits to vote may deter some voters from voting; and
Whereas, It is desirable to encourage people to vote;
RESOLVED, That the Ann Arbor City Council requests the Michigan State
Legislature to investigate and implement a system for early voting in the State of Michigan;
and
RESOLVED, That this resolution be copied to our State Legislators, our State
Senators, Governor Engler, and the Michigan Municipal League.
Councilmember Hunter moved that the resolution be approved.
On a voice vote, the Chair declared the motion carried.
****************************************************************
R-586-11-92 APPROVED AS AMENDED
RESOLUTION CONCERNING MICHIGAN HOUSE BILL 5407
AND SUPPORT FOR SEITER AND KIRSCHT INC.
Councilmember Eckstein moved that the resolution be approved.
Councilmember Fink moved that the resolution be amended as follows:
2nd paragraph:
Whereas, <the firm of Seiter and Kirscht, Inc. is> DEVELOPERS MAY BE in
the process of ..
3rd paragraph:
Council - November 16, 1992 25
Whereas, <Seiter and Kirscht will> DEVELOPERS MAY BE restoring a
historic structure..
6th paragraph:
Whereas, The building restoration, investment, and jobs resulting from the
<Seiter and Kirscht project> DEVELOPMENT OF PROJECTS will have
direct and ..
Last paragraph:
Be It Further Resolved, That the Mayor and Council support the efforts of
<Seiter and Kirscht Inc.> DEVELOPERS to develop "Brew Pub" restaurantS
<on W. Washington Street> in Ann Arbor.
On a voice vote, the Chair declared the motion carried with Councilmembers Peterson and
Eckstein dissenting.
The question on the floor is approval of the resolution as amended, on roll call the vote was
as follows: Yeas, Councilmembers Hunter, Hanna-Davies, Dodge, Fink, Grady, Meade,
Zimmer, Nicolas, Peterson, Mayor Brater, 10
Nays, Councilmember Eckstein, 1
The Chair declared the motion carried.
Following is the resolution as approved:
R-586-11-92
RESOLUTION CONCERNING MICHIGAN HOUSE BILL 5407
Whereas, The Michigan Senate will be considering House Bill 5407 known as the
"Brew Pub" Bill on December 3, 1992;
Whereas, Developers may be in the process of developing a "Brew-Pub" restaurant
in Ann Arbor;
Whereas, Developers may be restoring a historic structure within a historic district at
a cost of over one million dollars;
Whereas, This structure has been vacant for over two years and poorly maintained
for many more and is, as a result, in great disrepair;
Whereas, The "Brew-Pub" will employ about 100 persons, many in full-time skilled
and professional positions; and
26 Council - November 16, 1992
Whereas, The building restoration, investment, and jobs resulting from development
of projects will have direct and immediate economic impact on the downtown;
RESOLVED, That the Mayor and City Council of Ann Arbor wish to go on record
supporting House Bill 5407; and
RESOLVED, That the Mayor and Council support the efforts of developers to
develop "Brew-Pub" restaurants in Ann Arbor.
REPORTS FROM COUNCIL COMMITTEES
None.
COUNCIL PROPOSED BUSINESS
None.
COMMUNICATIONS FROM THE MAYOR
APPOINTMENTS APPROVED
Mayor Brater asked for confirmation of the following appointments:
HOUSING COMMISSION
Constance Jones (replacing George C. Stewart at term expiration)
869 Wickfield Court
Term: 11/16/92 to 11/16/97
CAPITAL IMPROVEMENTS REVIEW COMMITTEE
Nelson Meade, City Councilmember
Peter Fink, City Councilmember
HIV/AIDS TASK FORCE
Patrick Yankee
800 West Huron, No. 4
Cecilia M. Sheehan
2729 Packard
Council - November 16, 1992 27
Claudia Dwass (alternate for Cecilia M. Sheehan)
1142 S. Forest
Linda Drach (alternate for Cecilia M. Sheehan)
2729 Packard
David G. Ostrow, M.D., Ph. D.
712 Hutchins
Anthony P. Welsh, D.O.
1432 Broadway
Toby Citrin
2206 Rivenoak Court
Jim Toy
619 East University, No. C4
Ann E. Eyler, M.D.
2919 Whittier Court
George L. Ridenour
2215 Fuller Road
Yong Kim
533 S. Fourth Avenue
Councilmember Robert Eckstein
100 North Fifth Avenue
DOWNTOWN DEVELOPMENT AUTHORITY
Ruth Schekter (replacing James Hart at term expiration)
1039 Baldwin
Term: 11/16/92 to 07/31/96
David Fritz (replacing Robert Anderson at term expiration)
200 South Main, Room 200
Term: 11/16/92 to 07/31/96
Lorri D. Sipes (reappointment)
208 W. Liberty
Term: 11/16/92 to 07/31/96
28 Council - November 16, 1992
SIGN BOARD OF APPEALS
James Szumko (reappointment)
3671 Middleton Drive
Term: 11/16/92 to 11/16/95
Councilmember Grady moved that Council concur in the recommendation of the Mayor.
On a voice vote, the Chair declared the motion carried.
Mayor Brater asked for and received the consent of Council to suspend the rules for
confirmation of the following nominations this date:
MAYOR'S COMMITTEE ON STREET ART FAIRS
Brian R. Chambers (representing the Washtenaw Committee for Non-Profits)
1411 Henry
John Jourden (representing the Washtenaw Committee for Non-Profits)
4005 Washtenaw
Councilmember Hunter moved that Council concur in the recommendation of the Mayor.
On a voice vote, the Chair declared the motion carried with Councilmember Fink
dissenting.
NOMINATIONS
Mayor Brater placed the following nominations on the table for confirmation at the next
Council meeting:
HIV/AIDS TASK FORCE
Pattrice Maurer
417 Skydale Avenue
SOLID WASTE COMMISSION
Charles H. Cremin (Chamber of Commerce Rep., following resignation of David
Tiedgen)
HUMAN RIGHTS COMMISSION
Beverly D. Wright (to fulfill membership requirements)
Council - November 16, 1992 29
2623 Arrowwood Trail
Term: 12/07/92 to 10/31/95
COMMUNITY DEVELOPMENT CITIZEN PARTICIPATION EXECUTIVE
COMMITTEE
Letitia Byrd (replacing Susan Dickinson upon her resignation)
421 Brookside Drive
Term: 12/07/92 to 07/01/95
Jean M. Robinson (to serve as Chair)
1020 Cedar Bend Drive
ANNOUNCEMENTS
Council Call-In, Wednesday, 6:30 p.m. to 8:00 p.m. - Councilmember Grady
Mayor's Night In, December 2, 1992, from 5:00 p.m. to 7:00 p.m.
City awaiting state action on its application for funds to repair Fuller Bridge.
COMMUNICATIONS FROM THE CITY ADMINISTRATOR
City Administrator Gatta presented the following information memorandums:
1. Fiscal Year 1992/93 Quarterly Report (July-September)
2. Cracksealing New Pavement on State Street
3. Pothole Repairs in Various Locations
4. Solid Waste Regulations
5. Ann Arbor's Drinking Water in Compliance with USEPA Lead and Copper Rule
6. City Assisted Housing Efforts
7. Comprehensive Housing Affordability Strategy (CHAS) Annual Plan
8. Access Capital Funding/Cable Television Ordinance and Franchise Agreement
Revisions
9. First Quarter Financial Report
30 Council - November 16, 1992
10. Implementation of Domestic Partners Benefits Program
11. Fuller Bridge over Huron River
12. Central Area Plan (a plan which identifies action strategies for the preservation,
revitalization and redevelopment of the central part of the City) (Planning
Commission recommendation: Approval - 9 yeas and 0 nays)
The City Administrator received requests for information on other subjects.
COMMUNICATIONS FROM THE CITY ATTORNEY
None.
COMMUNICATIONS FROM COUNCIL
Call for special session of Council, Wednesday, November 18, 1992 (later changed to
Friday, November 20, 1992 at 5:00 p.m.), by Councilmembers Nicolas, Zimmer, Dodge,
Fink.
Councilmember Hanna-Davies advised Council on the need for funding of the Day Shelter
to provide homeless people who work at night a place to sleep during the day, as well as
others who need day shelter during winter.
CLERK'S REPORT OF COMMUNICATIONS, PETITIONS AND REFERRALS
The following communications were received:
1. Michigan Environmental Protection - Gelman Sciences, Inc., Site Project Update -
File
2. Varsity Ford regarding Bid No. 2357 - Public Services Department
3. Wallace C. Donoghue regarding city ownership of a waste recycling facility - File
The following minutes were received and are filed with the City Clerk:
1. Housing Board of Appeals - September 1, 1992
2. Sign Board of Appeals - August 11, 1992
Council - November 16, 1992 31
3. Zoning Board of Appeals - May 20, 1992
4. Zoning Board of Appeals - June 17, 1992
5. Ann Arbor Energy Commission - October 9, 1992
Councilmember Grady moved that the Clerk's Report be approved.
On a voice vote, the Chair declared the motion carried.
PUBLIC COMMENTARY - GENERAL
ANDREW GULVEZAN - AMERICAN INDIANS
Andrew Gulvezan spoke regarding the American Indians.
ADJOURNMENT
There being no further business, Councilmember Fink moved that the meeting be
adjourned.
On a voice vote, the Chair declared the motion carried and the meeting was adjourned at
11:10 p.m.
Winifred W. Northcross
City Clerk
Linda J. Wise,
Recording Secretary