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File #: 07-1121    Version: 1 Name: 1994-06-06 Council Minutes
Type: Minutes Status: Filed
File created: 6/6/1994 In control: City Council
On agenda: 6/6/1994 Final action: 6/6/1994
Enactment date: Enactment #:
Title: EXECUTIVE SESSION - JUNE 6, 1994
Title
EXECUTIVE SESSION - JUNE 6, 1994
Body
Council - June 6, 1994 1
 
The executive session of the Ann Arbor City Council was called to order at 7:05 p.m. in the
City Hall Council Chamber by Mayor Ingrid B. Sheldon.
ROLL CALL OF COUNCIL
PRESENT : Councilmembers Tobi Hanna-Davies, Patricia Vereen-Dixon, Peter Fink,
Jane Lumm, Ulrich Stoll, Haldon L. Smith, Peter Nicolas, Julie Creal,
Christopher Kolb, David F. Stead, Mayor Ingrid B. Sheldon, 11.
ABSENT : 0.
MOTION TO CONVENE
Councilmember Stead moved and Councilmember Hanna-Davies supported that an
executive session of Council be convened for the purpose of discussing: 1) Labor
agreements between the City and AFSCME Local 369 and the City and Communication
Operators and Community Service Assistants of the Ann Arbor Police Officers Association;
and 2) Pending litigation.
On a voice vote the Mayor declared the motion carried.
ADJOURNMENT
Councilmember Stead moved and Councilmember Lumm supported that the executive
session of Council be adjourned and that the regular session of Council be convened.
On a voice vote, the Mayor declared the motion carried and the executive session
adjourned at 8:05 p.m.
Janet L. Chapin
Acting Clerk of the Council
Recording Secretary
2 Council - June 6, 1994
REGULAR SESSION - JUNE 6, 1994
The regular session of the Ann Arbor City Council was called to order at 8:05 p.m. in the
City Hall Council Chamber by Mayor Ingrid B. Sheldon.
Council stood for one moment of silence.
Mayor Sheldon led Council in the recitation of the Pledge of Allegiance.
D-DAY PROCLAMATION
Mayor Sheldon introduced Adam Banner, representing local World War II veterans, and
presented him with a proclamation in recognition of the 50th Anniversary of D-Day. A short
service was held in memory of those who gave their lives in defense of freedom.
ROLL CALL OF COUNCIL
PRESENT : Councilmembers Tobi Hanna-Davies, Patricia Vereen-Dixon, Peter Fink,
Jane Lumm, Ulrich Stoll, Haldon L. Smith, Peter Nicolas, Julie Creal,
Christopher Kolb, David F. Stead, Mayor Ingrid B. Sheldon, 11.
ABSENT : 0.
INTRODUCTIONS
ANN ARBOR AID FOR AIDS WALKATHON
Susan Lurch, representing the Hemophilia Foundation of Michigan, Craig Covy,
representing Midwest AIDS Prevention Project, and Christopher Kolb, representing the
HIV/AIDS Resource Center, invited everyone to participate in the Ann Arbor Aid for AIDS
Walkathon to be held at 9:00 a.m. on June 11, 1994.
HABITAT FOR HUMANITY WALKATHON
Mike Marenghi, Board President of Habitat for Humanity of Huron Valley, invited the
community to participate in their annual walkathon on June 11 to benefit the organization.
Mr. Marenghi announced that construction will begin June 22 on the first house to be built
Council - June 6, 1994 3
in Ann Arbor by Habitat for Humanity.
PUBLIC COMMENTARY - RESERVED TIME
ALONZO RESTREPO - FIREWORKS
Alonzo Restrepo, 3165 Braeburn Cir., urged Council to work out a solution with Gelman
Sciences, sponsor of the Fourth of July fireworks display, to provide adequate protection
for his neighborhood during the event.
HOWARD STEWART - FIREWORKS
Howard Stewart, 1601 Leaird Dr., expressed concern with Gelman Sciences' sponsorship
of the Fourth of July fireworks display. Mr. Stewart questioned Mr. Gelman's motives to
spend money on the event to win over public support when he continues to duck
responsibility for his polluted groundwater and use heavy-handed tactics against certain
groups.
KERMIT SCHLANSKER - CITY COMMITTEES
Kermit Schlansker, 2960 Marshall St., expressed concern with the lack of citizens with
technical skills serving on City committees, and urged Council to make the Council and
utility representatives on the Energy Commission honorary positions. Mr. Schlansker
suggested that the City form an environmental science committee which would, in turn,
form a league of cities research organization to help save resources and energy.
RICHARD BALLARD - PEACE NEIGHBORHOOD CENTER
Richard Ballard, 848 Florence, representing the Peace Neighborhood Center Board of
Directors, urged release of the $30,000.00 previously approved by City Council for Peace
Neighborhood Center. He questioned how an agency that has served the community for
over 20 years can suddenly be denied funding without cause.
ROSE MARTIN - PEACE NEIGHBORHOOD CENTER
Rose Martin, Director of Peace Neighborhood Center, urged Council to support the
children who are looking forward to the summer day camp program offered by the Center.
Ms. Martin requested that the funding previously approved by Council be released to allow
the center to continue its service to the community.
CLINTON SMITH - FIREWORKS
4 Council - June 6, 1994
Clinton Smith, 3060 Lohr Rd., requested that the following concerns regarding the
proposed fireworks display at the City landfill be considered: 1) Use of explosives near
methane gas; 2) Control of traffic and pedestrians in the adjacent neighborhoods; 3)
Inadequate liability insurance; and 4) "Reasonable" costs to be paid by the sponsor are not
adequately defined. Mr. Smith stated that the project has been rushed and not well
thought out, and distributed a letter from the DNR addressing the potential danger of
methane gas. (Letter on file in the City Clerk's Office).
ALEXIS KRAUSE - PEACE NEIGHBORHOOD CENTER
Alexis Krause, 1124 N. Maple Rd., client of Peace Neighborhood Center, spoke in support
of the Center's programs and requested financial support for the continuation of the
Center's valuable service to the community.
CLAUDIA MYSZKE - FIREWORKS
Claudia Myszke, Forest Hills Cooperative Managing Agent, spoke in opposition to the
proposed Fourth of July fireworks display at the City landfill. Ms. Myszke stated that the
impact on the surrounding neighborhoods needs to be addressed and expressed concern
that the residents were not brought into the planning process.
PUBLIC HEARINGS
ARBOR HILLS PHASE I ZONING (ORDINANCE NO. 36-94)
A public hearing was conducted on the proposed amendment to Chapter 55, rezoning of
29.66 acres from Preliminary Phase PUD (Planned Unit Development District) to Final
Phase PUD, Arbor Hills Phase I, north side of Green Road, north of Burbank Drive. Notice
of public hearing was published May 14, 1994.
The following persons appeared:
Sheldon Berry, 2699 Antietam Ct., expressed concern with water
management in the area, and requested that the City monitor the
preservation areas and drainage design in all three phases to prevent dead
woodlots. He further requested monitoring of the soil management.
Warren Attarian, 3490 Gettysburg Rd., representing the Orchard Hills-
Maplewood Homeowners Association, expressed concern that the conditions
Council - June 6, 1994 5
placed in the PUD to preserve natural features and control flooding in the
area may not be carried out in the site plan. Mr. Attarian requested that the
site plan agreement be amended to contain the necessary language to
complete the transfer of the parkland and to protect the easements.
Mary Borkowski of Atwell-Hicks, project architect, stated that the final plan
contains an increase of 10 acres of open space, as well as many features
normally not added to a site plan. These features include a woodlands
management plan, a storm water management plan, a storm water
management system maintenance plan, storm water filtration areas, and a
water booster pump station. Ms. Borkowski further stated that an alternate
plan was developed for less impact on the woodlands along the west
property line.
There being no one else to speak the Mayor declared the hearing closed.
NATURAL FEATURE OPEN SPACE (ORDINANCE NO. 37-94)
A public hearing was conducted on the proposed amendment to Chapter 55 of the Ann
Arbor City Code by adding a new Section 5:51 - Natural Feature Open Space. Notice of
public hearing was published May 14, 1994.
There being no one to speak the Mayor declared the hearing recessed.
WETLANDS AND WATERCOURSES PRESERVATION (ORDINANCE NO. 60-94)
A public hearing was conducted on the proposed amendment to Chapter 60 - Wetlands
and Watercourses Preservation Ordinance. Notice of public hearing was published May
21, 1994.
The following persons appeared:
Christopher Graham, 725 Peninsula Ct., expressed concern that the
committee which authored the current ordinance has not had a chance to
review the proposed language changes. He requested that this proposal, as
well as the proposed Natural Feature Open Space Ordinance, be delayed
until the Natural Features Ordinance Committee has had a chance to review
the language. Mr. Graham encourage approval of the Wetland Inventory
Map to bring the City into compliance with the State act.
Gwen Nystuen, 1016 Olivia Ave., member of the Natural Features Ordinance
Committee, expressed surprise with the proposed rewrite of the Wetlands
and Watercourses Preservation Ordinance. Ms. Nystuen stated that the
6 Council - June 6, 1994
proposal will require a great deal of review and that problems exist with many
parts of the ordinance.
There being no one else to speak the Mayor declared the hearing recessed.
WETLAND INVENTORY MAP
A public hearing was conducted on the proposed Wetland Inventory Map. Notice of public
hearing was published May 28, 1994.
There being no one to speak the Mayor declared the hearing closed.
DELTA UPSILON FRATERNITY SITE PLAN
A public hearing was conducted on the proposed Delta Upsilon Fraternity Site Plan, 0.74
acre, 1331 and 1319 Hill Street. Notice of public hearing was published May 28, 1994.
There being no one to speak the Mayor declared the hearing closed.
350 SOUTH MAIN STREET SITE PLAN
A public hearing was conducted on the proposed 350 South Main Street Site Plan, 0.40
acre, 350 South Main Street. Notice of public hearing was published May 28, 1994.
The following person appeared:
Ronald Thomas of Archetpe Inc., project architect, presented a model of the
project and reviewed the following design goals for the building: 1) Creating a
landmark entry to downtown; 2) Maintaining a strong retail frontage on Main
Street; 3) Providing a level of underground parking; 4) Providing a pedestrian
link from the Kline's parking lot to Main Street; 5) Incorporating planning
standards of the various downtown plans; and 6) Relating to the historical
context of downtown and campus buildings.
There being no one else to speak the Mayor declared the hearing closed.
APPROVAL OF AGENDA
AGENDA APPROVED WITH CHANGES
Councilmember Stead moved that the following changes be added to the agenda:
Council - June 6, 1994 7
MOTIONS AND RESOLUTIONS
Revise: Resolution to Adopt Wetland Inventory Map
Add: Resolution Authorizing Appeal of Circuit Court Case: Zeeff v. Ann Arbor
(Councilmember Stead)
On a voice vote the Mayor declared the motion carried.
Councilmember Stead moved that the agenda be approved with the following changes:
CONSENT AGENDA
Revise: Resolution Allocating Funds for the 1994 Ann Arbor/Hikone Student
Exchange ($5,000.00)
MOTIONS AND RESOLUTIONS
Revise: Resolution to Adopt Wetland Inventory Map
Revise: <Resolution to Withhold Payments to Peace Neighborhood Center, to Delay
Execution of FY 1993-94 Contract Agreement and to Approve Supplemental
Appropriation to the FY 1994-95 Community Development Department
Human Services Budget ($37,500.00)> RESOLUTION TO DELAY
EXECUTION OF THE $30,000 FY 1993-94 CONTRACT AMENDMENT
WITH PEACE NEIGHBORHOOD CENTER (Councilmembers Creal and
Lumm)
Substitute: <Resolution Regarding Approval of Fireworks Show Sponsored by Gelman
Sciences> RESOLUTION TO APPROVE FIREWORKS DISPLAY AT THE
ANN ARBOR LANDFILL AND SWIFT RUN PARK (COUNCILMEMBERS
STOLL AND SMITH)
Add Resolution Regarding Dhu Varren Road Design ($20,000.00) (Council-
Sponsor: memberS Stoll AND HANNA-DAVIES)
Add: Resolution to Approve FY 1994-95 City General Fund Human Services and
Economic Development Allocations ($712,550.00) (Human Services Task
Force: Councilmembers Hanna-Davies, Lumm, Creal, Kolb)
Delete: Resolution to Approve FY 1994-95 Community Development Block Grant
8 Council - June 6, 1994
Contracts ($656,000.00)
Delete: Resolution to Approve to Approve FY 1994-95 City General Fund Human
Services and Economic Development Allocations and Contracts with Nonprofit Agencies
($643,000.00)
Add: Resolution Authorizing Appeal of Circuit Court Case: Zeeff v. Ann Arbor
(Councilmember Stead)
On a voice vote the Mayor declared the motion carried.
APPROVAL OF COUNCIL MINUTES
MINUTES OF MAY 4, 5 AND 9 APPROVED
Councilmember Stead moved that the budget working session minutes of May 4, May 5
and May 9, 1994 be approved as presented.
On a voice vote the Mayor declared the motion carried.
CONSENT AGENDA
CONSENT AGENDA ITEMS APPROVED
Councilmember Stead moved that the following Consent Agenda items be approved as
presented:
R-224-6-94 APPROVED
RESOLUTION TO APPROVE HOEFT ANNEXATION
A communication was received from the City Planning Commission transmitting its
recommendation of approval of the proposed Hoeft Annexation, 1.69 acres, north side of
Traver Boulevard, west of Nixon Road.
Whereas, The territory hereinafter described is located in the Township of
Ann Arbor and is adjacent to the corporate limits of the City of Ann Arbor;
Whereas, Calvin C. Hoeft Building, Inc. is the owner of said property; and
Council - June 6, 1994 9
Whereas, It is the desire of Calvin C. Hoeft Building, Inc. 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:
COM AT INTERSEC OF NS 1/4 LN & C/L TRAVER RD, TH N
82-35-47 E 330.0 FT, TH N 1-10-23 W 33.20 FT FOR POB,
TH CONT N 1-10-23 W 406.89 FT, TH N 88-49-14 E 144.42
FT, TH S 13-01-20 E 80.83 FT, TH S 27-12 E 78.89 FT, TH S
1-10-23 W TO N/LN OF RD, TH S 82-35-47 W TO POB,
PART OF NE 1/4 SEC 15 T2S R6E.
*************************
R-225-6-94 APPROVED
RESOLUTION TO APPROVE LIEBERTHAL ANNEXATION
A communication was received from the City Planning Commission transmitting its
recommendation of approval of the proposed Lieberthal Annexation, 0.75 acre,
3033 Geddes.
Whereas, The territory hereinafter described is located in the Township of
Ann Arbor and is adjacent to the corporate limits of the City of Ann Arbor;
Whereas, Kenneth and Jane L. Lieberthal are the owners of said property; and
Whereas, It is the desire of Kenneth and Jane L. Lieberthal 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:
Land situated in the Township of Ann Arbor, Washtenaw County, Michigan,
to-wit: That certain parcel or tract of land and premises lying and being in the
Township of Ann Arbor in the County of Washtenaw and State of Michigan
10 Council - June 6, 1994
and being composed or part of the southeast quarter of Section 27, which
said part may be more particularly described as follows: Commencing at the
south quarter post of said Section 27; thence north 88o 24' east along the
south line of said section 954.80 feet; thence north 1o 36' west 200.63 feet to
the Place of Beginning of this description; thence north 1o 36' west 296.92
feet; thence north 68o 13' east 266.57 feet; thence south 1o 36' east 389.07
feet; thence south 88o 24' west 250.00 feet to the Place of Beginning,
excepting therefrom the following parcel:
Commencing at the south quarter post of said Section 27, thence N 88o 24' E
along the south line of said section 954.80 feet; thence N 1o 36' W 200.63
feet; thence N 88o 24' E 100.4 feet for a Place of Beginning; thence N 27o 34'
E 50.48 feet; thence N 1o 36' W 271.60 feet; thence N 68o 13' E 133.29 feet;
thence S 1o 36' E 361.75 feet; thence S 88o 24' W 149.60 feet to the Place of
Beginning, being a part of the southeast quarter of Section 27, Ann Arbor
Township, Washtenaw County, Michigan.
Together with an easement for driveway purposes as granted in instrument
recorded in Liber 1119, page 456, Washtenaw County Records.
*************************
R-226-6-94 APPROVED
RESOLUTION TO APPROVE PATKE ANNEXATION
A communication was received from the City Planning Commission transmitting its
recommendation of approval of the proposed Patke Annexation, 0.40 acre, 2720 Valley
Drive.
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, Rhea M. Patke, J. Maxine Andrus and Louise Rodenberg are the owners
of said property; and
Whereas, It is the desire of Rhea M. Patke, J. Maxine Andrus Louise Rodenberg 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
Council - June 6, 1994 11
Scio and annexed to the City of Ann Arbor, to-wit:
Lots 74 and 75, excepting the west 10 feet of Lot 74, Scioto Hills Subdivision,
Washtenaw County, Michigan.
*************************
R-227-6-94 APPROVED
RESOLUTION TO APPROVE PIRRUP ANNEXATION
A communication was received from the City Planning Commission transmitting its
recommendation of approval of the proposed Pirrup Annexation, 42.38 acres, west side of
Newport Road, north M-14.
Whereas, The territory hereinafter described is located in the Township of
Ann Arbor and is adjacent to the corporate limits of the City of Ann Arbor;
Whereas, The Philip W. Pirrup Company is the owner of said property; and
Whereas, It is the desire of the Philip W. Pirrup Company 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:
BEGINNING at the S 1/4 corner of Section 18 (N 1/4 corner Section 19),
T2S, R6E, Ann Arbor Township, Washtenaw County, Michigan; thence S 00o
11' 00" W 94.70 feet along the N-S 1/4 line of Section 19, T2S, R6E; thence
along the north line of the M-14 (MDOT) right-of-way the following 3 courses:
N 69o 55' 50" W 823.37 feet, 481.75 feet along the arc of a 3424.17 foot
radius curve to the left with chord bearing N 73o 57' 32" W 481.35, and N 77o
59' 00" W 143.15 feet; thence N 00o 12' 00" E 323.49 feet along the west line
of the E 1/2 of the SW 1/4 of Section 18, T2S, R6E; thence S 89o 30' 00" E
1380.85 feet along the north line of the S 1/2 of the SE 1/4 of the SW 1/4 of
said Section 18; thence N 00o 29' 00" E 629.00 feet along the N-S 1/4 line of
said Section 18; thence S 89o 25' 00" E 91.08 feet; thence N 00o 29' 00" E
33.00 feet; thence S 89o 25' 00" E 743.23 feet along the north line of the SW
1/4 of the SE 1/4 of said Section 18; thence S 07o 52' 30" W 150.85 feet
along the west line of Lot 13 of Jenning's Newport Heights, a subdivision as
12 Council - June 6, 1994
recorded in Liber 10 of Plats, page 56, Washtenaw County Records; thence
along the North line of Victoria Circle 125.28 feet along the arc of a 1976.08
foot radius circle to the left with chord bearing N 83o 56' 29" W 125.26 feet;
thence S 00o 16' 40" W 608.91 feet along the west line of Victoria Circle and
Lots 18 thru 21 of said Subdivision; thence S 88o 59' 30" E 142.45 feet along
the south line of said Lot 21; thence continuing along said south line 86.64
feet along the arc of a 110.31 foot radius curve to the left with chord bearing
N 68o 30' 30" E 84.43 feet; thence S 43o 59' 30" E 66.00 feet along the
southwesterly line of Alexandra Boulevard; thence along the perimeter of
land as described in Liber 488, page 343, Washtenaw County Records in the
following 7 courses: 138.47 feet along the arc of a 176.31 foot radius curve
to the right with chord bearing S 68o 30' 30" W 134.94 feet, N 88o 59' 30" W
15.68 feet, S 00o 32' 30" W 150.40 feet, S 61o 17' 42" E 140.96 feet, 178.97
feet along the arc of a 257.35 foot radius curve to the left with chord bearing
N 20o 27' 53" E 175.39 feet, N 00o 32' 30" E 58.55 feet and N 43o 59' 30" W
61.70 feet; thence N 46o 00' 30" E 66.00 feet along the southeasterly line of
Alexandra Boulevard; thence continuing along said southeasterly line 68.89
feet along the arc of a 87.71 foot radius curve to the right with chord bearing
N 68o 30' 30" E 67.13 feet; thence along the westerly line of Lots 1 thru 6 of
said Jenning's Newport Heights Subdivision in the following 4 courses: S 00o
32' 30" W 174.00 feet, 140.08 feet along the arc of a 323.35 foot radius curve
to the right with chord bearing S 12o 57' 07" W 138.98 feet, S 88o 59' 30" E
49.88 feet, and S 00o 32' 30" W 332.23 feet; thence N 88o 54' 10" W 1088.08
feet along the south line of said Section 18 to the Place of Beginning, being a
part of the N 1/2 of the NE 1/4 of the NW 1/4 of Section 19, T2S, R6E, and
part of the S 1/2 of the SE 1/4 of the SW 1/4 of Section 18 and part of the
SW 1/4 of the SE 1/4 of Section 18, T2S, R6E, containing 42.38 acres of
land, more or less, subject to easements and restrictions of record, if any.
*************************
R-228-6-94 APPROVED
RESOLUTION TO APPROVE HOUSING REHABILITATION
AGREEMENT WITH HOWARD AND JANET DISTELZWEIG
FOR 2034 THALER AVENUE
Whereas, An application was received in July, 1992 from Howard and Janet
Distelzweig for rehabilitation assistance for their home located at 2034 Thaler Ave., Ann
Arbor;
Council - June 6, 1994 13
Whereas, The homeowner meets the City's criteria for participation in the Housing
Rehabilitation Program; and
Whereas, Bids were received on May 26, 1994 and Mr. and Mrs. Distelzweig will be
executing an agreement with the lowest acceptable bidder to complete the rehabilitation
work;
RESOLVED, That City Council approve the Housing Rehabilitation Agreement with
Howard and Janet Distelzweig in the amount of $14,810.00 as a 0% interest loan with
payment deferred until change of ownership or change in use of property as a single-family
residence, with funds to be available until expended without regard to fiscal year; and
RESOLVED, That City Council authorize the Mayor and City Clerk to execute the
necessary documents substantially in the form on file in the office of the City Clerk.
*************************
R-229-6-94 APPROVED
RESOLUTION TO APPROVE AMENDMENT TO HOUSING
REHABILITATION AGREEMENT WITH LINDA D. WILHELM
FOR 2114 WINEWOOD AVENUE
Whereas, On April 4, 1994, City Council approved Resolution No. R-112-4-94
regarding the housing rehabilitation agreement between the City of Ann Arbor and Linda D.
Wilhelm to complete rehabilitation assistance to her home located at 2114 Winewood Ave.,
Ann Arbor; and
Whereas, The name of her former husband, Paul J. Wilhelm, must be added as a
party to the agreement because he is still named as an owner of the property;
RESOLVED, That City Council approve the amendment to the Housing
Rehabilitation Agreement between Linda D. Wilhelm to add the name of Paul J. Wilhelm to
the contract agreement; and
RESOLVED, That City Council authorize the Mayor and City Clerk to execute the
necessary documents substantially in the form on file in the Office of the City Clerk.
*************************
14 Council - June 6, 1994
R-230-6-94 APPROVED
RESOLUTION TO REALLOCATE FUNDS FROM SECOND
BAPTIST HUMAN SERVICES TO CATHOLIC SOCIAL
SERVICES FOR FOOD DISTRIBUTION SERVICES
Whereas, City Council allocated $9,000.00 in FY 1993/94 General Funds to Second
Baptist Human Services and $12,000.00 to Catholic Social Services for emergency food
distribution;
Whereas, Second Baptist Human Services informed the City that it would not use all
of the funds allocated; and
Whereas, Catholic Social Services notified the City that it had expended 100% of
the funds allocated for its emergency food distribution services and was beginning to limit
the frequency clients could receive food;
RESOLVED, That City Council approve the reallocation of $4,500.00 of FY 1993/94
General Funds from Second Baptist Human Services to Catholic Social Services;
RESOLVED, That City Council approve the amendment to the General Fund
Agreement with Second Baptist Human Services reducing the FY 1993/94 agreement by
$4,500.00;
RESOLVED, That City Council approve the amendment to the General Fund
Agreement with Catholic Social Services increasing the FY 1993/94 agreement by
$4,500.00; and
RESOLVED, That City Council authorize the Mayor and City Clerk to execute the
amendments substantially in the form on file in the Office of the City Clerk.
*************************
R-231-6-94 APPROVED
RESOLUTION TO APPROVE PURCHASE OF QUICKLIME FOR
WATER TREATMENT AND WASTEWATER TREATMENT DIVISIONS
OF THE UTILITIES DEPARTMENT - BID NO. 2571
Whereas, The water treatment and waste water treatment plants use quicklime in
daily operations;
Whereas, Contracts for supplying estimated requirements are the most stable and
Council - June 6, 1994 15
cost-effective way of meeting the water and waste water treatment plants' needs;
Whereas, Marblehead Lime Co. submitted the lowest responsible bid for supply of
quicklime per Bid No. 2571; and
Whereas, Marblehead Lime Co. received human rights approval on May 3, 1994;
RESOLVED, That City Council approve a requirements contract for quicklime to
Marblehead Lime Co., in accordance with the terms of Bid No. 2571;
RESOLVED, That the City Administrator be directed to enter into said agreement in
accordance with this resolution at a cost of approximately $387,612.00 for the FY 1994/95
fiscal year;
RESOLVED, That the City Administrator may extend this agreement for up to two
one-year periods if agreeable to both parties at no additional cost under the terms in Bid
No. 2571; and
RESOLVED, That the City Administrator be directed to obtain quicklime from the
next lowest bidder if Marblehead Lime Co. is unable to furnish adequate supplies.
Source of Funds: FY 1994/95 Water Supply and Sewage Disposal Systems Budgets
*************************
R-232-6-94 APPROVED
RESOLUTION TO PURCHASE ELECTRIC ACTUATORS
FOR WATER TREATMENT PLANT - BID NO. 2555
Whereas, It is necessary to purchase electric actuators for valves at the Water
Treatment Plant and pumping stations;
Whereas, Of the two bids received for Bid No. 2555, Systems Specialties has
submitted the low and responsible bid for electric actuators in the amount of $19,377.00;
and
Whereas, On April 21, 1994, the Human Resources Department approved Systems
Specialties to supply electric actuators;
RESOLVED, That Council accept the bid proposal of Systems Specialties in the
amount of $19,377.00 to supply electric actuators;
16 Council - June 6, 1994
RESOLVED, That $19,377.00 be appropriated for this without regard to the fiscal
year; and
RESOLVED, That the City Administrator be directed to issue a purchase order in
the amount of $19,377.00 to Systems Specialties to supply electric actuators at the Water
Treatment Plant, in accordance with Bid No. 2555.
Source of Funds: Water Supply System Fund, Operating and Maintenance Budget
FY 1993/94
*************************
R-233-6-94 APPROVED
RESOLUTION TO GRANT WATER AND SEWER SERVICE
OUTSIDE CITY LIMITS TO 2720 VALLEY DRIVE
Whereas, On May 19, 1994 Rhea M. Patke, J. Maxine Andrus, and Louise
Rodenberg, owners of the property at 2720 Valley Drive, requested that the City extend
public water and sewer services to their property in Scio Township prior to the completion
of the annexation process;
Whereas, Ms. Patke, Ms. Andrus and Ms. Rodenberg 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 April 13, 1994, Ms. Patke, Ms. Andrus and Ms. Rodenberg petitioned
the City for annexation under Planning Department File No. 8244C10.1 and .2;
RESOLVED, That the Mayor and Clerk be hereby authorized and requested to sign
the agreements to allow City water and sewer services to the land during the time it is still
outside of the corporate limits, that the City Clerk be hereby directed to send a copy of this
resolution and the agreements by first class mail to the above property owners, and that
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-234-6-94 APPROVED
RESOLUTION TO APPROVE PROFESSIONAL SERVICES
AGREEMENT WITH ENGINEERING AND TESTING SERVICES, INC.
Council - June 6, 1994 17
FOR CONSTRUCTION TESTING SERVICES FOR THE PLATT ROAD
RECONSTRUCTION PROJECT - PACKARD TO HURON PARKWAY
Whereas, It is necessary to employ a qualified testing firm to perform essential
testing for the Platt Road Reconstruction Project (Packard to Huron Parkway);
Whereas, Proposals for this testing were received and evaluated by the Public
Services Department - Engineering Division on the basis of qualifications and fees;
Whereas, Engineering and Testing Services, Inc. has demonstrated the required
experience, personnel and competitive fee schedule to perform the work;
Whereas, On March 23, 1994 the Human Resources Department gave approval of
said company for said work; and
Whereas, On May 16, 1994 Council appropriated sufficient funds to cover the cost
of this agreement;
RESOLVED, That Council authorize a professional services agreement in the
standard City form in the amount of $48,825.00 with Engineering and Testing Services,
Inc. for construction testing and inspection services for the Platt Road Reconstruction
Project (Packard to Huron Parkway);
RESOLVED, That the Mayor and Clerk be authorized and directed to execute said
agreement after approval as to form by the City Attorney and approval as to substance by
the City Administrator; and
RESOLVED, That the City Administrator be authorized to take the necessary
administrative actions to implement this resolution.
*************************
R-235-6-94 APPROVED
RESOLUTION TO APPROVE PURCHASE ORDER TO
DUECO-DALUM'S UTILITY EQUIPMENT COMPANY, INC. FOR
OVERHAUL OF MOBILE AERIAL TRUCK - BID NO. 2572
Whereas, The Fleet Service Division of the Public Services Department is required
to have major overhauls of City of Ann Arbor mobile aerial trucks every six years per
Federal OSHA standards;
18 Council - June 6, 1994
Whereas, Dueco-Dalum's Utility Equipment Company was the lowest responsible
bidder, Bid No. 2572, for $26,462.15; and
Whereas, Dueco-Dalum's Utility Equipment Company received Human Resources
approval on May 20, 1994;
RESOLVED, That City Council approve the issuance of a purchase order to Dueco-
Dalum's Utility Equipment Company for $26,462.15 (Bid No. 2572);
RESOLVED, That $26,462.15 be appropriated from the Public Services
Department's Fleet Services Division 1993-94 General Fund budget, to be available until
expended without regard to fiscal year; and
RESOLVED, That the City Administrator be authorized to take necessary
administrative actions to implement this resolution.
*************************
Council - June 6, 1994 19
R-236-6-94 APPROVED
RESOLUTION TO TRANSFER DELINQUENT ALARM
RESPONSE FEES TO THE 1994 CITY TAX ROLL
Whereas, There are unpaid charges for alarm related fees to properties within the
City which were unpaid on December 31, 1993;
Whereas, This Council did, on December 9, 1974, resolve that notice be given by
first class mail to the owner of such properties of the amount due, and that this Council did
intend that such amount would be assessed against such properties as a special
assessment unless paid on or before April 1, 1994;
Whereas, The City Clerk has on file a list of such presently unpaid charges, a copy
of which is incorporated as "Schedule A"; and
Whereas, Notice has been sent to all owners of property affected by such
delinquent alarm related 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 owners of the premise so served; and
RESOLVED, That such charges be levied as special assessments against such
owners and premises according to "Schedule A" 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 tax roll of the City and that such
charges will be collected in the same manner as general City taxes.
*************************
R-237-6-94 APPROVED
RESOLUTION TO TRANSFER DELINQUENT HOUSING
INSPECTION FEES TO THE 1994 JULY CITY TAX ROLL
Whereas, There are unpaid charges for housing inspections of private properties
within the City which were unpaid on December 31, 1993;
Whereas, This Council did, on December 9, 1974, resolve that notice 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 May 13, 1994;
20 Council - June 6, 1994
Whereas, The City Clerk has on file a list of such presently unpaid charges, a copy
of which is incorporated as "Schedule A"; 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
RESOLVED, That such charges be levied as special assessments against such
owners and premises according to "Schedule A" 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 tax roll of the City and that such
charges will be collected in the same manner as general City taxes.
*************************
R-238-6-94 APPROVED
RESOLUTION ALLOCATING FUNDS FOR THE 1994
ANN ARBOR/HIKONE STUDENT EXCHANGE
Whereas, The City of Ann Arbor formally recognized Hikone, Japan as a sister city
on February 3, 1969 and the citizens of Ann Arbor have maintained a relationship with the
citizens of Hikone since that time;
Whereas, The purpose of the sister city program is to expand global understanding
and give expression to the common desires for friendship, peace, goodwill, acceptance of
diversity and cooperation for a better world for all;
Whereas, An academic exchange of middle school students has been established
with student delegates representing the City of Ann Arbor in Hikone, Japan in 1985, 1988,
1990, and 1992;
Whereas, The Ann Arbor/Hikone Exchange Program received Human Rights
Approval on June 2, 1994; and
Whereas, The City of Ann Arbor has financially supported each of the previous
student trips to Hikone and for the 1994 program, a citywide committee in February, 1994
has selected ten middle schools students to participate in the sister city program;
Council - June 6, 1994 21
RESOLVED, That the City of Ann Arbor City Council approve an expenditure of
$5,000.00 in the 1994-95 Budget from the Community Events account for the Hikone
Student Exchange Program and that the City Administrator be granted the administrative
authority necessary to successfully complete the action.
*************************
R-239-6-94 APPROVED
RESOLUTION TO APPROVE THE 1994
ANN ARBOR JAYCEES CARNIVAL
Whereas, The Ann Arbor Jaycees have requested permission to hold a carnival at
the Pioneer High School parking lot from July 6-10, 1994;
Whereas, The City Code of Ordinances prohibits such amusements without the
permission of City Council, and is subject to the conditions established by Council; and
Whereas, The event sponsor has requested that the City support this event by
appropriating funds from the 1994-95 Community Events Account for payment of the extra
costs for services provided by the Police Department (estimated to be $3,600.00);
RESOLVED, That the following constitute the conditions under which permission is
granted to hold the event:
1. Noise emitting from the operations of the carnival shall not exceed 80 decibels
measured at the property line;
2. The carnival shall operate only between the hours indicated on the approved
Special Events Permit;
3. The Police Department may require certain machines to cease operation if
excessive noise complaints are received;
4. Evidence of proper liability insurance protection shall be submitted and approved by
the City Attorney;
5. Vendors of food and/or beverage shall be properly licensed to insure sanitary
conditions of products consumed by the public;
6 Proper fire lanes shall be maintained at all times;
22 Council - June 6, 1994
7. Electrical connections shall be made by a licensed electrician;
8. The event sponsors shall clear the parking lot and surrounding area of any debris
resulting from the operation of the carnival upon termination of the event; and
9. All other concerns shall be regulated by the City Administrator and the Police
Department;
RESOLVED, That the City of Ann Arbor support this event in the amount of up to
$3,600.00 for the reimbursement of City expenditures with funds to be appropriated from
the 1994-95 Community Events Account; and
RESOLVED, That permission can be revoked at any time for good cause by the
City Administrator, The Chief of Police or City Council.
*************************
R-240-6-94 APPROVED
RESOLUTION TO APPROVE PERMANENT OUTDOOR
SERVICE OF ALCOHOLIC BEVERAGES FOR BROWN JUG
CORPORATION, 1204 SOUTH UNIVERSITY AVENUE
RESOLVED, That the request from Brown Jug Corporation for Permanent Outdoor
Service permit to be held in conjunction with a 1993 Class C licensed business, located at
605-607 Church Street and 1204 South University Avenue, Ann Arbor, be approved.
The question being the foregoing Consent Agenda items as presented, on a voice vote the
Mayor declared the motion carried.
ORDINANCES - SECOND READING
36-94 APPROVED AS AMENDED
ARBOR HILLS PHASE I PUD ZONING
An Ordinance to Amend the Zoning Map Being a Part of
Chapter 55 of Title V of the Code of the City of Ann Arbor
This ordinance would change the zoning of 29.66 acres, located on the north side of Green
Road, north of Burbank Drive, from PUD (Planned Unit Development District) to Final
Council - June 6, 1994 23
Phase PUD.
Councilmember Stead moved that the ordinance be adopted at second reading.
Councilmember Stead moved that the following paragraphs from the "Arbor Hills Final
Phase PUD Final Phase I Document" be amended as follows:
DESCRIPTION OF ORDINANCE ITEMS...
5. Condominium Language: ..The Development Agreement,
Stormwater Management System Plan AND MANAGEMENT PLAN
FOR "B" WOODLANDS (APPENDIX J) will also be incorporated into
the Master Deed..
6. Conservation Easements: ..All of the Phase I woodlands indicated
as "B-Area of no disturbance" on the Preliminary PUD Plan are to be
preserved IN ACCORDANCE WITH THE "MANAGEMENT PLAN
FOR "B" WOODLANDS" WHICH IS ATTACHED IN APPENDIX J.
APPENDIX B
CONDOMINIUM LANGUAGE
A. OPEN SPACE PRESERVATION
..The following activities within the boundary of these common areas
shall be prohibited:...
2. Removal, damaging, or destruction of any landmark tree, or
any trees located in a woodland, except as required for
maintenance as per the approved Management Plan, WHICH
IS ATTACHED IN APPENDIX J..
.
No activity, including construction, shall occur in these common areas
other than nature study and hiking unless approved as part of the
Management Plan (SEE APPENDICES E & J)..
C. CONSERVATION EASEMENTS (IN "A" WOODLANDS, WHERE
DISTURBANCE IS ALLOWED WITH RESTRICTIONS)
The following activities are prohibited in a conservation easement:...
2. Removal, damaging, or destruction of any landmark tree, or
any trees located in a woodland, except as required for
24 Council - June 6, 1994
maintenance AND AS NOTED IN C.1, BELOW..
On a voice vote the Mayor declared the motion carried.
Councilmember Stead moved that the last sentence in Section 1 of the ordinance be
amended as follows:
...The "Arbor Hills Final Phase PUD Final Phase I Document" prepared by
Atwell-Hicks, Inc. (<dated April 12, 1994> REVISED AS OF MAY 25, 1994,
AS AMENDED JUNE 6, 1994) shall become a part of the approved Arbor
Hills Phase I Final Phase PUD.
On a voice vote the Mayor declared the motion carried.
The question being the Ordinance and the Final Phase I Document as amended, on roll
call the vote was as follows:
Yeas, Councilmembers Hanna-Davies, Vereen-Dixon, Fink, Lumm, Stoll, Smith,
Nicolas, Creal, Kolb, Stead, Mayor Sheldon, 11;
Nays, 0.
The Mayor declared the motion carried and the ordinance adopted at second reading.
****************************************************************
40-94 APPROVED
OPERATION OF RAILROADS
An Ordinance to Repeal Chapter 128 of Title X of
the Code of the City of Ann Arbor
This ordinance would repeal the City Code chapter regarding operation of railroads.
Councilmember Nicolas moved that the ordinance be adopted at second reading.
On a voice vote the Mayor declared the motion carried and the ordinance adopted at
second reading.
ORDINANCES - FIRST READING
Council - June 6, 1994 25
41-94 APPROVED
WATER SUPPLY SYSTEM REVENUE BONDS, SERIES T
(Requires Only One Reading)
An Ordinance Authorizing the Acquisition and Construction of Extensions and
Improvements to the Water Supply System of the City of Ann Arbor; Authorizing and
Providing for the Issuance and Sale of Revenue Bonds of Equal Standing with Certain
Outstanding Water Supply System Revenue Bonds for the Purpose of Paying the Cost of
Said Extensions and Improvements; 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 Bonds and Certain Outstanding
Bonds of the System; To Provide an Adequate Reserve Fund for the 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 Bonds and Outstanding Bonds
of the System in Enforcement Thereof; and to Provide for Other Matters Relating to the
System and the Bonds and Outstanding Bonds of the System.
This ordinance would authorize the issuance of not to exceed $19,105,000 Water Supply
System Revenue Bonds, Series T.
Councilmember Nicolas moved that the ordinance be adopted at first reading.
On a voice vote the Mayor declared the motion carried unanimously.
****************************************************************
42-94 APPROVED
STORM WATER DISPOSAL SYSTEM REVENUE BONDS, SERIES 1994
(Requires Only One Reading)
An Ordinance to Provide for the Construction, Installation and Equipping of Improvements
to the Storm Water Disposal System; To Provide for the Issuance and Sale of Revenue
Bonds to Pay the Cost Thereof; To Prescribe the Form of the 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
Bonds; To Provide an Adequate Reserve Fund for the Bonds; To Provide for the
Segregation and Distribution of the Revenues; To Provide for the Rights of the Holders of
the Bonds in Enforcement Thereof; and to Provide for Other Matters Relating to the Bonds
and the System.
26 Council - June 6, 1994
This ordinance would authorize the issuance of not to exceed $1,525,000 Storm Water
Disposal System Revenue Bonds, Series 1994.
Councilmember Nicolas moved that the ordinance be adopted at first reading.
On a voice vote the Mayor declared the motion carried unanimously.
MOTIONS AND RESOLUTIONS
R-241-6-94 APPROVED
RESOLUTION TO APPROVE ARBOR HILLS PHASE I
FINAL PHASE PUD SITE DEVELOPMENT AGREEMENT
A communication was received from the City Planning Director transmitting a
recommendation to approve the proposed Arbor Hills Phase I Final Phase PUD Site
Development Agreement, 29.66 acres, north side of Green Road, north of Burbank Drive.
Whereas, A site development agreement has been prepared to accompany the
Arbor Hills Phase I Final Phase PUD, which addresses items such as utilities, a future
special assessment project for improvements to Green Road, street tree planting, street
name signage, and a woodchip path between Lots 15 and 16; and
Whereas, The Ann Arbor City Planning Commission, on April 19, 1994,
recommended approval of the site development agreement, and the petitioner, Guenther
Building Company, approved said agreement;
RESOLVED, By the Mayor and City Council that the Arbor Hills Phase I Final Phase
PUD Site Development Agreement be hereby approved.
Councilmember Nicolas moved that the resolution be adopted.
On a voice vote the Mayor declared the motion carried.
****************************************************************
R-242-6-94 APPROVED
RESOLUTION TO APPROVE DELTA UPSILON
Council - June 6, 1994 27
FRATERNITY SITE PLAN
A communication was received from the City Planning Commission transmitting its
recommendation of approval of the proposed Delta Upsilon Fraternity Site Plan, 0.74 acre,
1331 and 1319 Hill Street.
Whereas, The University of Michigan Chapter of the Delta Upsilon Fraternity has
requested site plan approval in order to construct a three-story, 1,440-square foot addition
onto the existing building at 1319/1331 Hill Street;
Whereas, The Ann Arbor City Planning Commission, at its meeting of May 3, 1994,
recommended approval of said request;
RESOLVED, By the Mayor and City Council that the Delta Upsilon Fraternity Site
Plan be hereby approved.
Councilmember Nicolas moved that the resolution be adopted.
On a voice vote the Mayor declared the motion carried.
****************************************************************
R-243-6-94 APPROVED
RESOLUTION TO APPROVE 350 SOUTH
MAIN STREET SITE PLAN
A communication was received from the City Planning Commission transmitting its
recommendation of approval of the proposed 350 South Main Street Site Plan, 0.40 acre,
350 South Main Street.
Whereas, MAV Development Company has requested site plan approval in order to
construct a four-story, 63,656-square foot retail/office building; and
Whereas, The Ann Arbor City Planning Commission, at its meeting of May 17,
1994, recommended approval of said request;
RESOLVED, By the Mayor and City Council that the 350 South Main Street Site
Plan be hereby approved, subject to necessary variances being granted by the Zoning
Board of Appeals.
Councilmember Nicolas moved that the resolution be adopted.
28 Council - June 6, 1994
On a voice vote the Mayor declared the motion carried.
****************************************************************
R-244-6-94 APPROVED
RESOLUTION TO ADOPT WETLAND INVENTORY MAP
Whereas, The City has made a draft of the wetland inventory map available to the
public; and
Whereas, The City has provided for public notice and comment prior to finalizing the
draft inventory map; and
Whereas, The City has responded in writing to written comments regarding the
contents of the inventory;
RESOLVED, That the Mayor and City Council hereby adopt the wetland inventory
map; and
RESOLVED, That the City shall notify each record owner of property on the
property tax roll of the City that the inventory map exists, that the map may be reviewed at
the City Planning Department, that the owner's property may be designated as a wetland
on the inventory map, and that the City has an ordinance regulating wetlands. The notice
shall also inform the property owner that the inventory map does not necessarily include all
of the wetlands within the City that may be subject to the wetland ordinance. A wetland
inventory map does not create any legally enforceable presumptions regarding whether
property that is or is not included on the inventory map is or is not in fact a wetland.
Councilmember Smith moved that the resolution be adopted.
On a voice vote the Mayor declared the motion carried.
****************************************************************
R-245-6-94 APPROVED
RESOLUTION TO APPROVE REVISED FOXFIRE PHASE II
Council - June 6, 1994 29
SITE CONDOMINIUM SITE DEVELOPMENT AGREEMENT
Whereas, The Foxfire Phase II Site Condominium Site Development Agreement
was approved by City Council on July 20, 1992;
Whereas, Revisions are proposed to said agreement which would allow
construction of Phase II to proceed while final Dhu Varren Road construction plans are
reviewed; and
Whereas, It is desirable to reduce the design speed by 5 mph to reduce impacts to
trees;
RESOLVED, By the Mayor and City Council that the Revised Foxfire Phase II Site
Condominium Site Development Agreement be hereby approved.
Councilmember Stoll moved that the resolution be adopted.
On a voice vote the Mayor declared the motion carried.
****************************************************************
R-246-6-94 APPROVED
RESOLUTION TO APPROVE TRANSFER OF CLASS C LIQUOR
LICENSE TO MEMBEHEM ! INC. (MONGOLIAN BARBECUE
AT 200 SOUTH MAIN STREET
Whereas, A VI, Inc. Principal, under another legal entity, has outstanding unpaid
personal property taxes; and
Whereas, The negotiations for the repayment of the above outstanding personal
property taxes are proceeding;
RESOLVED, That Council approve the request from Membehem ! Inc. (Mongolian
Barbecue) to transfer ownership of a 1989 B-Hotel licensed business with a Dance-
Entertainment Permit, located in escrow at 2800 Jackson, Ann Arbor, from VI, Inc., to 200
South Main Street, and to transfer status to a Class C license.
Councilmember Fink moved that the resolution be adopted.
On a voice vote the Mayor declared the motion carried.
30 Council - June 6, 1994
****************************************************************
R-247-6-94 APPROVED
RESOLUTION AUTHORIZING ENVIRONMENTAL BOND
EXPENDITURE FOR MRF EDUCATIONAL CENTER
Whereas, The City's materials recovery facility and waste transfer station was
approved by the City's voters as part of the 1990 environmental bond;
Whereas, City Council approved the construction of the MRF/Transfer Station
(MRF/TS) on February 22, 1993 allocating up to $5.1 million for this purpose;
Whereas, The educational component of the MRF/TS was dropped from the original
scope of the MRF project, but is an important service worth reinstating
for Ann Arbor residents; and
Whereas, Staff has incorporated feedback from the Solid Waste Commission and
City Council in reducing the cost and clarifying the function of this improvement;
RESOLVED, That City Council authorizes the expenditure of up to $160,000 for the
addition of an educational center on the second floor of the MRF's
administration building; and
RESOLVED, That funding for the MRF educational center be provided through the
environmental bond; and
RESOLVED, That the construction element of this project be undertaken by the
City's selected MRF contractor, Resource Recovery Systems (RRS), pursuant to the
change order process outlined in Section 8.03 of the approved Construction Contract
between the City and RRS; and
RESOLVED, That expenditures for furnishings and displays at the education center
be coordinated through the Solid Waste Department pursuant to the City's purchasing
requirements; and
RESOLVED, That expenditures not made in the current fiscal year be automatically
carried over to subsequent fiscal years until completed.
Council - June 6, 1994 31
PROPOSED BUDGET
MRF/TRANSFER STATION
EDUCATIONAL CENTER
Construction $136,240
Furniture/Equipment/Displays 10,000
Contingency 13,760
TOTAL $160,000
Councilmember Kolb moved that the resolution be adopted.
On roll call the vote was as follows:
Yeas, Councilmembers Hanna-Davies, Vereen-Dixon, Stoll, Smith, Kolb, Stead, Mayor
Sheldon, 7;
Nays, Councilmembers Fink, Lumm, Nicolas, Creal, 4.
The Mayor declared the motion carried.
****************************************************************
R-248-6-94 APPROVED
RESOLUTION TO APPROVE AMENDMENTS TO THE BYLAWS
OF THE ANN ARBOR HOSPITALITY COMMITTEE
Whereas, The Ann Arbor City Council must approve changes to the Bylaws of the
Ann Arbor Hospitality Committee;
Whereas, The Committee felt that certain amendments to their bylaws would enable
them to function more effectively and efficiently; and
Whereas, The members of the Ann Arbor Hospitality Committee approved
amended bylaws at their May 5, 1994 meeting;
RESOLVED, That the Ann Arbor City Council hereby approve the Bylaws of the
Ann Arbor Hospitality Committee as amended and filed in the City Clerk's Office.
Councilmember Vereen-Dixon moved that the resolution be adopted.
On a voice vote the Mayor declared the motion carried.
32 Council - June 6, 1994
****************************************************************
R-249-6-94 APPROVED
RESOLUTION PROCLAIMING JUNE 18, 1994 AS
JUNETEENTH NATIONAL FREEDOM DAY
Whereas, The Ann Arbor NAACP will initiate this year the first celebration in the City
of Ann Arbor of Juneteenth (National Freedom) Day which is one of the oldest African
American holiday observances;
Whereas, On September 22, 1862 President Lincoln issued a proclamation to the
rebellious states that if they did not return to the Union, he would declare their slaves
"forever free";
Whereas, On January 1, 1863 President Lincoln issued the Emancipation
Proclamation abolishing slavery throughout the whole country, a proclamation which was
ignored by the rebellious states;
Whereas, June 19, 1865 was the date on which General Gordon Granger arrived in
Texas with the avowed intention of enforcing Lincoln's Emancipation Proclamation in that
state;
Whereas, Words cannot adequately express the joy and great feeling of rapture
when African Americans learned from the General that slavery was abolished and they
were free;
Whereas, The annual celebrations of Juneteenth Day across the nation have been
ignored in mainstream history;
Whereas, This celebration is known in the various states and cities by many names,
such as Emancipation Day, Emancipation Celebration, Freedom Day, Jun-Jun, and
Juneteenth; and
Whereas, The first Juneteenth Day here will feature instrumental music, dancing,
singing, reading of the Proclamation by young people, speeches, food and drink at
Wheeler Park;
RESOLVED, That the City of Ann Arbor proclaims Saturday, June 18, 1994, as the
first Juneteenth National Freedom Day.
Council - June 6, 1994 33
Councilmember Vereen-Dixon moved that the resolution be adopted.
On a voice vote the Mayor declared the motion carried.
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TABLED
RESOLUTION TO DELAY EXECUTION OF THE $30,000 FY 1993-94
CONTRACT AMENDMENT WITH PEACE NEIGHBORHOOD CENTER
Whereas, The City has not yet executed a City Council approved contract
amendment with Peace Neighborhood Center awarding an additional $30,000.00 due to
notification of a finding of non-compliance from the Department of Housing and Urban
Development (HUD) related to Federal funds received by Peace Neighborhood Center
from 1987 to 1990; and
Whereas, The City will be required to repay any funds determined to be disallowed
by HUD;
RESOLVED, That the City shall delay execution of the contract amendment
($30,000.00) pending determination of the total amount of disallowed costs; and
RESOLVED, That future contracts with Peace Neighborhood Center be conditioned
on the agency reimbursing the City for any disallowed General Fund or CDBG costs.
Councilmember Lumm moved that the resolution be adopted.
Councilmember Lumm moved that the resolution be tabled until consideration of the
"Resolution to Direct the City Administrator to Release $7,500.00 in FY 1993-94 Payments
to Peace Neighborhood Center."
On a voice vote the Mayor declared the motion carried and the resolution tabled.
****************************************************************
AMENDED AND DEFEATED
RESOLUTION TO DIRECT CITY ADMINISTRATOR TO RELEASE $7,000
34 Council - June 6, 1994
IN FY 1993-94 PAYMENTS TO PEACE NEIGHBORHOOD CENTER
A resolution to direct the City Administrator to release $7,000.00 in FY 1993-94 payments
to the Peace Neighborhood Center was considered.
Councilmember Kolb moved that the resolution be adopted.
Council unanimously agreed that the following language be added to the resolution:
Add After Third Paragraph:
Whereas, In addition, on March 21, 1994, the City Council approved a
contract with Peace Neighborhood Center awarding $30,000.00 for youth
program staff funding, with special contract conditions, and the City has not
executed that Council approved contract;
Add After Last Paragraph:
RESOLVED, That the allocated funds for the unexecuted City Council
approved contract with Peace Neighborhood Center, awarding $30,000.00
for youth program staff funding, be carried forward from the FY 1993-94
Community Development Department Human Services Budget to the FY
1994-95 Community Development Human Services Budget; and
RESOLVED, That these carried-forward funds be released to Peace
Neighborhood Center upon completion and report to Council of the City's
review of Peace Neighborhood Center's financial records or 60 days, which
ever comes first, with the special contract conditions stipulated in the City
Council approved resolution of March 21, 1994, allocating the $30,000.00 to
Peace Neighborhood Center.
The question being the resolution as amended, on roll call the vote was as follows:
Yeas, Councilmembers Hanna-Davies, Vereen-Dixon, Smith, Stoll, Kolb, Stead, Mayor
Sheldon, 7;
Nays, Councilmembers Fink, Lumm, Nicolas, Creal, 4.
The Mayor declared the motion defeated. (8 votes are required)
The resolution as amended and defeated reads as follows:
Council - June 6, 1994 35
RESOLUTION TO DIRECT CITY ADMINISTRATOR TO RELEASE $7,000
IN FY 1993-94 PAYMENTS TO PEACE NEIGHBORHOOD CENTER
Whereas, Peace Neighborhood Center has $7,500.00 remaining on its FY 1993-94
contract with the City;
Whereas, Peace Neighborhood Center informed the Human Service Task Force of
its need for the funds;
Whereas, At its meeting on May 25, 1994, the Human Services Task Force
recommended the release of $7,500.00 to Peace Neighborhood Center; and
Whereas, In addition, on March 21, 1994, the City Council approved a contract with
Peace Neighborhood Center awarding $30,000.00 for youth program staff funding, with
special contract conditions, and the City has not executed that Council approved contract;
RESOLVED, That City Council direct the City Administrator to release $7,500.00 in
FY 1993-94 payments to Peace Neighborhood Center in accordance with the terms of the
contract;
RESOLVED, That the allocated funds for the unexecuted City Council approved
contract with Peace Neighborhood Center, awarding $30,000.00 for youth program staff
funding, be carried forward from the FY 1993-94 Community Development Department
Human Services Budget to the FY 1994-95 Community Development Human Services
Budget; and
RESOLVED, That these carried-forward funds be released to Peace Neighborhood
Center upon completion and report to Council of the City's review of Peace Neighborhood
Center's financial records or 60 days, which ever comes first, with the special contract
conditions stipulated in the City Council approved resolution of March 21, 1994, allocating
the $30,000.00 to Peace Neighborhood Center.
****************************************************************
RECONSIDERED
R-250-6-94 APPROVED AS AMENDED
RESOLUTION TO DIRECT CITY ADMINISTRATOR TO RELEASE $7,000
36 Council - June 6, 1994
IN FY 1993-94 PAYMENTS TO PEACE NEIGHBORHOOD CENTER
Councilmember Kolb moved that the Resolution to Direct the City Administrator to Release
$7,000.00 in FY 1993-94 Payments to Peace Neighborhood Center (including the
previously approved amendments) be placed on the table for reconsideration.
On a voice vote the Chair declared the motion carried.
Councilmember Kolb moved that the resolution be adopted.
Councilmember Fink moved that the last paragraph of the resolution be amended as
follows:
RESOLVED, That these carried-forward funds be released to Peace
Neighborhood Center upon completion and report to Council of the City's
review of Peace Neighborhood Center's financial records <or 60 days, which
ever comes first>, with the special contract conditions stipulated in the City
Council approved resolution of March 21, 1994, allocating the $30,000.00 to
Peace Neighborhood Center.
On a voice vote the Mayor declared the motion carried.
Council unanimously agreed to divide the question to consider the first Resolved clause
regarding the release of $7,500.00 to Peace Neighborhood Center separately from the last
two Resolved clauses.
The question being the resolution with the first Resolved clause, on roll call the vote was as
follows:
Yeas, Councilmembers Hanna-Davies, Vereen-Dixon, Stoll, Smith, Kolb, Stead, Mayor
Sheldon, 7;
Nays, Councilmembers Fink, Lumm, Nicolas, Creal, 4.
The Mayor declared the motion carried.
The question being the last two Resolved clauses, on roll call the vote was as follows:
Yeas, Councilmembers Hanna-Davies, Vereen-Dixon, Fink, Stoll, Smith, Nicolas, Kolb,
Stead, Mayor Sheldon, 9;
Council - June 6, 1994 37
Nays, Councilmembers Lumm, Creal, 2.
The Mayor declared the motion carried.
The resolution as adopted reads as follows:
R-250-6-94
RESOLUTION TO DIRECT CITY ADMINISTRATOR TO RELEASE $7,000
IN FY 1993-94 PAYMENTS TO PEACE NEIGHBORHOOD CENTER
Whereas, Peace Neighborhood Center has $7,500.00 remaining on its FY 1993-94
contract with the City;
Whereas, Peace Neighborhood Center informed the Human Service Task Force of
its need for the funds;
Whereas, At its meeting on May 25, 1994, the Human Services Task Force
recommended the release of $7,500.00 to Peace Neighborhood Center; and
Whereas, In addition, on March 21, 1994, the City Council approved a contract with
Peace Neighborhood Center awarding $30,000.00 for youth program staff funding, with
special contract conditions, and the City has not executed that Council approved contract;
RESOLVED, That City Council direct the City Administrator to release $7,500.00 in
FY 1993-94 payments to Peace Neighborhood Center in accordance with the terms of the
contract;
RESOLVED, That the allocated funds for the unexecuted City Council approved
contract with Peace Neighborhood Center, awarding $30,000.00 for youth program staff
funding, be carried forward from the FY 1993-94 Community Development Department
Human Services Budget to the FY 1994-95 Community Development Human Services
Budget; and
RESOLVED, That these carried-forward funds be released to Peace Neighborhood
Center upon completion and report to Council of the City's review of Peace Neighborhood
Center's financial records, with the special contract conditions stipulated in the City Council
approved resolution of March 21, 1994, allocating the $30,000.00 to Peace Neighborhood
Center.
****************************************************************
38 Council - June 6, 1994
WITHDRAWN
RESOLUTION TO DELAY EXECUTION OF THE $30,000 FY 1993-94
CONTRACT AMENDMENT WITH PEACE NEIGHBORHOOD CENTER
The Resolution to Delay Execution of the $30,000.00 FY 1993-94 Contract Amendment
with Peace Neighborhood Center was withdrawn by the sponsors.
****************************************************************
R-251-6-94 APPROVED AS AMENDED
RESOLUTION TO APPROVE FIREWORKS DISPLAY AT
THE ANN ARBOR LANDFILL AND SWIFT RUN PARK
A resolution to approve a fireworks display at the Ann Arbor Landfill and Swift Run Park
was considered.
Councilmember Smith moved that the resolution be adopted.
Councilmember Smith moved that the following language be added to the resolution:
Add After Fifth Paragraph:
Whereas, Neighborhoods adjacent to a site selected for the staging of
fireworks could be subjected to inconvenience and possible hazards
resulting from excessive automobile traffic, large crowds, and unruly
behavior;
Add After Last Paragraph:
RESOLVED, That in the event the City should be requested to issue
permits in the future for the staging of fireworks, the site or sites selected
shall be rotated to other locations in or adjacent to the City.
On a voice vote the Chair declared the motion carried.
The question being the resolution as amended, on roll call the vote was as follows:
Yeas, Councilmembers Fink, Lumm, Stoll, Nicolas, Creal, Kolb, Stead, Mayor Sheldon, 8;
Nays, Councilmembers Hanna-Davies, Vereen Dixon, Smith, 3.
Council - June 6, 1994 39
The Chair declared the motion carried.
The resolution as adopted reads as follows:
R-251-6-94
RESOLUTION TO APPROVE FIREWORKS DISPLAY AT
THE ANN ARBOR LANDFILL AND SWIFT RUN PARK
Whereas, The Ann Arbor City Council requested the Administration to assist
Gelman Sciences, Inc. in locating a site within the city to stage a fireworks show to
celebrate Independence Day;
Whereas, The City landfill was selected as the most suitable site to stage this event;
Whereas, The fireworks will be launched from inside the landfill starting at nightfall
with the primary spectating area being Swift Run Park;
Whereas, Controlled paid parking will be provided by the Ann Arbor Jaycees and
Ann Arbor Firefighters Local 1733 in the Southeast Area Park (Katz property) with
proceeds being donated to recognized charitable organizations;
Whereas, The event has been coordinated with all relevant City departments for
purposes of control and for the protection of the health and safety of the general public;
Whereas, Neighborhoods adjacent to a site selected for the staging of fireworks
could be subjected to inconvenience and possible hazards resulting from excessive
automobile traffic, large crowds, and unruly behavior;
Whereas, Gelman Sciences, Inc. will obtain all necessary permits and be
responsible to comply with all procedures, rules and regulations required by the City to
stage such an event;
Whereas, Gelman Sciences, Inc. will provide liability insurance of one million dollars
($1,000,000), naming the City as additional insured and agrees to defend and indemnify
and save the City harmless against any claim arising out of their sponsorship of this event;
Whereas, Fencing will be erected by the City along Ellsworth Road in front of the
Forest Hills and University Townhouses Cooperatives and along the eastern perimeter of
Southeast Area Park, respectively, to prevent vandalism and provide crowd and traffic
control;
40 Council - June 6, 1994
Whereas, Gelman Sciences, Inc. will post a security bond of $10,000.00 to insure
adequate clean-up of the site following the show and to protect private property from
damage as a result of their sponsorship of this event;
Whereas, Gelman Sciences, Inc. will provide shuttle bus service to and from the
fireworks show beginning at 7:30 p.m. to reduce traffic congestion, promote the use of
mass transportation and provide a means of attending the event for those without other
types of transportation; and
Whereas, The Gelman Sciences, Inc. has agreed to pay all reasonable costs
associated with the sponsorship of this event including the following (estimated):
Police Department $12,500
Fire Department $ 3,000
Transportation Department $ 6,000
Parks Department $ 1,000
TOTAL $22,500
RESOLVED, That the Ann Arbor City Council approve the fireworks show to be held
on July 3, 1994 at the Ann Arbor Landfill;
RESOLVED, That City Council approve the use of Southeast Area Park for paid
parking with revenues being donated to charity and a report be submitted to the City
Administrator by the sponsor indicating the amount and disbursement of these funds within
thirty days of the event;
RESOLVED, That all provisions and conditions established by City Council for the
staging of the fireworks display be confirmed by Gelman Sciences, Inc. no later than June
10, 1994 or the administrative authority shall not issue the required permits to hold this
event; and
RESOLVED, That In the event that the City should be requested to issue permits in
the future for the staging of fireworks, the site or sites selected shall be rotated to other
locations in or adjacent to the City.
****************************************************************
R-252-6-94 APPROVED AS AMENDED
RESOLUTION REGARDING DHU VARREN ROAD IMPROVEMENTS
Council - June 6, 1994 41
A Resolution Regarding Dhu Varren Road Improvements was considered.
Councilmember Stoll moved that the resolution be adopted.
Council unanimously agreed that the fourth and fifth paragraphs of the resolution be
amended as follows:
RESOLVED, That Guenther Building Company continue to be
responsible for submitting revised plans for approval and bear all expenses
for making Road Improvements, in accordance with the operative Site
Development Agreement of July 20, 1992 OR AS AMENDED BY COUNCIL;
RESOLVED, That $20,000.00 be <appropriated> ALLOCATED from
the <1991 millage funding for Major Road Reconstruction (i.e. the Streets
Millage)> FY 1994-95 MAJOR STREETS RECONSTRUCTION FUND (I.E.
FUND SOURCE, STREETS RESURFACING MILLAGE);
The question being the resolution as amended, on roll call the vote was as follows:
Yeas, Councilmembers Hanna-Davies, Vereen-Dixon, Lumm, Stoll, Smith, Creal, Kolb,
Stead, Mayor Sheldon, 9;
Nays, Councilmember Fink, 1;
Absent during vote, Councilmember Nicolas, 1.
The Mayor declared the motion carried.
The resolution as adopted reads as follows:
R-252-6-94
RESOLUTION REGARDING DHU VARREN ROAD IMPROVEMENTS
Whereas, It is desirable to modify the current design for reconstruction and paving
of existing Dhu Varren Road between Omlesaad Dr. and Birchwood Ct. (the Road
Improvements) by moving the road alignment as far north as permitted by existing ROW so
as to minimize impact on existing significant trees and reduce the amount of filling of the
adjoining natural ravine; and
42 Council - June 6, 1994
Whereas, Guenther Building Company has agreed to provide an appropriate
redesign including final plans and specifications for a cost not to exceed $40,000.00;
RESOLVED, That Council agree to pay Guenther Building Company 50% of the
redesign cost with the City share not to exceed $20,000.00;
RESOLVED, That Guenther Building Company continue to be responsible for
submitting revised plans for approval and bear all expenses for making Road
Improvements, in accordance with the operative Site Development Agreement of July 20,
1992, or as amended by Council;
RESOLVED, That $20,000.00 be allocated from the FY 1994-95 Major Streets
Reconstruction Fund (i.e. fund source, Streets Resurfacing Millage);
RESOLVED, That Guenther Building Company seek and receive Human
Resources Department approval for this work before any payments are authorized;
RESOLVED, That the appropriation be available until expended without regard to
fiscal year; and
RESOLVED, That the City Administrator be authorized to take the necessary
administrative actions to implement this resolution.
****************************************************************
Councilmember Stead moved that the Resolution to Contract with Scio Township for Long
Term Water Supply and Related Joint Use of Water Mains be considered next.
On a voice vote the Chair declared the motion carried.
R-253-6-94 APPROVED AS AMENDED
RESOLUTION TO CONTRACT WITH SCIO TOWNSHIP FOR LONG TERM
WATER SUPPLY AND RELATED JOINT USE OF WATER MAINS
Whereas, On August 2, 1993, by Resolution No. R-359-8-93, Council authorized the
City Administrator to negotiate with the assistance of an Ad Hoc Council Committee a long
term agreement to supply water to Scio Township; and
Whereas, This agreement and a related agreement for the joint use of water mains
Council - June 6, 1994 43
have been negotiated;
RESOLVED, That Council approve the agreements for the long term water supply
to Scio Township and the joint use of water mains; and
RESOLVED, That the Mayor and the City Clerk be authorized and directed to sign
said agreements substantially in forms on file in the City Clerk's office.
Councilmember Stead moved that the resolution be adopted.
Councilmember Stoll moved that Item 1 under "Terms and Conditions" in the City of Ann
Arbor and Scio Township Water Agreement be amended as follows:
1. Sale of Water. The City agrees to sell and the Township
agrees to purchase all of its potable water ("water") to serve the area
described in Exhibit A ("Service Area") AND EXHIBIT B ("ZONING MAP
FOR SCIO TOWNSHIP") and produced by the City in accordance with state
regulatory standards,...
On a voice vote the Mayor declared the motion carried.
The question being the resolution with the amended agreement, on a voice vote the Chair
declared the motion carried.
****************************************************************
R-254-6-94 APPROVED AS AMENDED
RESOLUTION TO APPROVE FY 1994-95 CITY GENERAL FUND
HUMAN SERVICES AND ECONOMIC DEVELOPMENT ALLOCATIONS
A resolution to approve FY 1994-95 City General Fund Human Services and Economic
Development Allocations was considered.
Councilmember Kolb moved that the resolution be adopted.
Councilmember Hanna-Davies moved that the resolution be amended as follows:
Third Paragraph:
RESOLVED, That the Mayor and City Council approve the allocation
to the agencies as listed and authorize the Community Development
Department <to negotiate contractual agreements in accordance with the
44 Council - June 6, 1994
City's purchasing procedures> , IN ACCORDANCE WITH THE CITY'S
PURCHASING PROCEDURES TO NEGOTIATE CONTRACTUAL
AGREEMENTS EITHER DIRECTLY WITH THE AGENCIES OR, AS IN
THE CASE OF THE ANN ARBOR YMCA, GREEN GLACIER
COMMUNITY CENTER AND OTHERS, WITH OUTSIDE
ORGANIZATIONS ACTING AS FIDUCIARIES:
Add After Third Paragraph:
RESOLVED, THAT THE $5,000.00 ALLOCATED FOR TECHNICAL
ASSISTANCE TO NON-PROFIT AGENCIES GO TO OUTSIDE AGENCIES
WHICH WILL PROVIDE ASSISTANCE AS NEEDED TO THE NONPROFIT
AGENCIES LISTED ABOVE;
RESOLVED, THAT $5,002.00 BE ALLOCATED FROM THE
GENERAL FUND HUMAN SERVICES FUNDS TO THE HOUSING TRUST
FUND;
Amend Fourth Paragraph (Now Sixth Paragraph):
RESOLVED, That <funds allocated for peace neighborhood center be
held until the City's review of Peace neighborhood center's financial records
is favorably concluded> THESE FUNDS BE RELEASED TO PEACE
NEIGHBORHOOD CENTER UPON COMPLETION AND REPORT TO
COUNCIL OF THE CITY'S REVIEW OF PEACE NEIGHBORHOOD
CENTER'S FINANCIAL RECORDS;
On roll call the vote was as follows:
Yeas, Councilmembers Hanna-Davies, Vereen-Dixon, Fink, Lumm, Stoll, Smith, Nicolas,
Creal, Kolb, Stead, Mayor Sheldon, 11;
Nays, 0.
The Chair declared the motion carried.
Councilmember Hanna-Davies moved that the following agencies and allocations listed in
the third paragraph of the resolution be amended as shown:
Agency Amount
<American Red Cross for> Interfaith Hospitality Network <6,550> 3,000
Community Leaning Post <8,000> 10,000
Council - June 6, 1994 45
<Legal Services of Southeastern Michigan for> Fair Housing Center <5,000> 6,550
On roll call the vote was as follows:
Yeas, Councilmembers Hanna-Davies, Vereen-Dixon, Stoll, Smith, Kolb, Stead, 6;
Nays, Councilmembers Fink, Lumm, Creal, Mayor Sheldon, 4;
Absent during vote, Councilmember Nicolas, 1.
Councilmember Lumm moved that the resolution be further amended by deleting the first
paragraph:
Whereas, The Human Services Task Force has recommended the
allocation of specific General Fund amounts for the following organizations
for FY 1994-95;
On roll call the vote was as follows:
Yeas, Councilmembers Fink, Lumm, Creal, Mayor Sheldon, 4;
Nays, Councilmembers Hanna-Davies, Vereen-Dixon, Smith, Kolb, Stead, 5;
Absent during vote, Councilmembers Stoll, Nicolas, 2.
The Chair declared the motion defeated.
Council unanimously agreed with Councilmember Vereen-Dixon's request to abstain from
the vote on the allocation for "Community Action Network for CAN, Pinelake, Arrowwood."
Council unanimously agreed to divide the question to consider the Community Action
Network allocation separately.
The question being the resolution as amended (without the allocation for Community
Action Network for CAN, Pinelake, Arrowwood), on roll call the vote was as follows:
Yeas, Councilmembers Hanna-Davies, Vereen-Dixon, Fink, Lumm, Stoll, Smith, Nicolas,
Creal, Kolb, Stead, Mayor Sheldon, 11;
Nays, 0.
The Mayor declared the motion carried.
46 Council - June 6, 1994
The question being the $98,500.00 allocation for Community Action Network for CAN,
Pinelake, Arrowwood, on a voice vote the Chair declared the motion carried with
Councilmember Vereen-Dixon abstaining.
The resolution as adopted reads as follows:
R-254-6-94
RESOLUTION TO APPROVE FY 1994-95 CITY GENERAL FUND
HUMAN SERVICES AND ECONOMIC DEVELOPMENT ALLOCATIONS
Whereas, The Human Services Task Force has recommended the allocation of
specific General Fund amounts for the following organizations for FY 1994-95; and
Whereas, The Human Resources Department has reviewed and approved these
contractors as of May 24, 1994;
RESOLVED, That the Mayor and City Council approve the allocation to the
agencies as listed and authorize the Community Development Department, in accordance
with the City's purchasing procedures to negotiate contractual agreements either directly
with the agencies or, as in the case of the Ann Arbor YMCA, Green Glacier Community
Center and others, with outside organizations acting as fiduciaries:
AGENCY AMOUNT
Academy for African American Students $ 5,000
Interfaith Hospitality Network 3,000
Ann Arbor Center for Independent Living 32,000
Ann Arbor Community Center 20,000
Ann Arbor Hunger Coalition 5,000
Ann Arbor Tenants Union 4,000
Ann Arbor YMCA 10,000
Assault Crisis Center 5,000
Bryant Community Center 8,000
AGENCY (Cont.) AMOUNT
Catholic Social Services for CSS, HIV/AIDS, Fr. Pat Jackson House 48,500
Center for Occupational and Personalized Education (COPE) 21,000
Child and Family Service of Washtenaw 12,000
Child Care Network 4,000
Community Action Network for CAN, Pinelake, Arrowwood 98,500
Community Leaning Post 10,000
Domestic Violence Project 35,000
Council - June 6, 1994 47
Fair Housing Center 6,550
Food Gatherers 18,000
Green Glacier Community Center 18,000
Housing Bureau for Seniors 39,500
Huron Services for Youth 18,000
Interfaith Hospitality Network 1,500
Neighborhood Senior Services for Washt. Co. Council on Aging 5,000
Options Center, Inc. 26,000
Ozone House 20,000
Packard Community Clinic for PCC, Corner Health Center 22,000
Peace Neighborhood Center 15,000
Project Transition 8,000
St. Andrews Breakfast Program 8,000
Salvation Army 21,000
Second Baptist Human Services 5,000
Shelter Association of Washtenaw 100,000
Trailblazers 15,000
Washtenaw Development Council 45,000
TOTAL $712,550
RESOLVED, That the $5,000.00 allocated for Technical Assistance to Non-Profit
Agencies go to outside agencies which will provide assistance as needed to the non-profit
agencies listed above;
RESOLVED, That $5,002.00 be allocated from the General Fund Human Services
funds to the Housing Trust Fund;
RESOLVED, That these funds be released to Peace Neighborhood Center upon
completion and report to Council of the City's review of Peace Neighborhood Center's
financial records;
RESOLVED, That all human service programs funded by the City General Fund
give priority to very low-income households and that performance be monitored by the
Community Development Department; and
RESOLVED, That the Mayor and City Council authorize the inclusion of these
General Fund projects as part of the FY 1994-95 City of Ann Arbor Statement of
Community Development Objectives and Projected Use of Funds to be submitted to the
Department of Housing and Urban Development.
****************************************************************
R-255-6-94 APPROVED
RESOLUTION AUTHORIZING NOTICE OF SALE FOR
48 Council - June 6, 1994
WATER SUPPLY SYSTEM REVENUE BONDS, SERIES T -
NOT TO EXCEED $19,105,000
Whereas, The City of Ann Arbor, County of Washtenaw, State of Michigan (the
"Issuer"), has by an Ordinance duly adopted on date even herewith, authorized the
issuance and sale of Nineteen Million One Hundred Five Thousand Dollars ($19,105,000)
principal amount of the Issuer's Water Supply System Revenue Bonds, Series T (the
"Bonds");
RESOLVED, That:
1. The Issuer's Clerk be hereby authorized and directed to fix the date for the
sale of the Bonds.
2. The Issuer's Clerk shall cause a Notice of Sale of the Bonds to be published
in either the Detroit Legal News, published in Detroit, Michigan, or in the Bond Buyer,
published in New York, New York, at least fourteen (14) full days before the date fixed for
sale.
3. The Notice of Sale of the Bonds shall be in substantially the following form:
OFFICIAL NOTICE OF SALE
$19,105,000
CITY OF ANN ARBOR
COUNTY OF WASHTENAW, STATE OF MICHIGAN
WATER SUPPLY SYSTEM REVENUE BONDS
Series T
SEALED BIDS for the purchase of the above bonds will be received by the undersigned at
the office of the City Clerk located at 100 N. Fifth Ave., Ann Arbor, Michigan 48107-8647,
on ________, the ___ day of ______, 1994, until _____ o'clock p.m., Eastern Daylight
Time, at which time and place said bids will be publicly opened and read. Sealed bids for
the purchase of the above bonds will also be received until the same time on the same
date at the Municipal Advisory Council of Michigan, 1445 First National Building, Detroit,
Michigan 48226, at which time and place said bids will be simultaneously opened and read.
The City Council will meet at 7:00 o'clock p.m., on that date, to consider the award or
rejection of bids.
BOND DETAILS: The bonds will be issued in fully-registered form, of the denomination of
$5,000 or multiples thereof not exceeding for each maturity the aggregate principal amount
of that maturity, dated July 1, 1994, numbered in order of registration, and will bear interest
from their date payable on February 1, 1995, and semiannually thereafter.
Council - June 6, 1994 49
The bonds will mature on the 1st day of February of the years as follows:
Year Amount Year Amount Year Amount
1996 $ 25,000 2003 $1,250,000 2010 $1,525,000
1997 25,000 2004 1,245,000 2011 1,525,000
1998 35,000 2005 1,245,000 2012 1,525,000
1999 95,000 2006 1,525,000 2013 1,525,000
2000 120,000 2007 1,525,000 2014 1,535,000
2001 170,000 2008 1,525,000
2002 1,160,000 2009 1,525,000
TERM BOND OPTION: Bidders shall have the option of designating bonds maturing on
and after February 1, 2004, as serial bonds or term bonds, or both. The bid must
designate whether each of the principal amounts shown above for the years 2004 through
2014, inclusive, represents a serial maturity or maturity or a mandatory redemption
requirement for a term bond maturity. A bidder may designate more than one term bond
maturity.
PRIOR REDEMPTION: Serial Bonds of this issue maturing in the years 1996 to 2003,
inclusive, are not subject to redemption prior to maturity. Bonds or portions of bonds in
multiples of $5,000 maturing in the year 2004 and thereafter may be redeemed at the
option of the Issuer, in such order as the Issuer shall determine and within any maturity by
lot, on any interest payment date on or after February 1, 2003 at par and accrued interest
to the date fixed for redemption plus a premium expressed as a percentage of par as
follows:
1-1/2% of the par value of each bond or portion thereof called for
redemption on or after February 1, 2003, but prior to February 1, 2004;
1% of the par value of each bond or portion thereof called for
redemption on or after February 1, 2004, but prior to February 1, 2005;
1/2 of 1% of the par value of each bond or portion thereof called for
redemption on or after February 1, 2005, but prior to February 1, 2006;
No premium shall be paid on bonds or portions thereof called for
redemption on or after February 1, 2005.
The amounts of the maturities which are aggregated in a designated term bond
shall be subject to mandatory redemption on February 1 of the years and in the amounts
set forth in the maturity schedule a redemption price of par, plus accrued interest to the
50 Council - June 6, 1994
date of mandatory redemption.
Notice of redemption of any bond or portion thereof shall be given by the transfer
agent at least thirty (30) days prior to the date fixed for redemption by mail to the registered
owner at the registered address shown on the registration books kept by the transfer
agent. Bonds shall be called for redemption in multiples of $5,000 and any bond of a
denomination of more than $5,000 shall be treated as representing the number of bonds
obtained by dividing the denomination of the bond by $5,000 and such bond may be
redeemed in part. Notice of redemption for a bond redeemed in part shall state that upon
surrender of the bond to be redeemed a new bond or bonds in aggregate principal amount
equal to the unredeemed portion of the bonds surrendered shall be issued to the registered
owner thereof. No further interest on a bond or portion thereof called for redemption shall
accrue after the date fixed for redemption, whether presented for redemption or not,
provided funds are on hand with the transfer agent to redeem the bond or portion thereof.
INTEREST RATE AND BIDDING DETAILS: The bonds shall bear interest at a rate or
rates not exceeding 9% per annum, to be fixed by the bids therefor, expressed in multiples
of 1/8 or 1/20 of 1%, or both. The interest on any one bond shall be at one rate only and all
bonds maturing in any one year must carry the same interest rate. The difference between
the highest and lowest interest rate on the bonds shall not exceed two percent (2%) per
annum. The interest rate borne by bonds maturing on or after the year 2005 shall not be
less than the interest rate borne by bonds maturing in the preceding year. No proposal for
the purchase of less than all of the bonds or at a price less than 98.5% of their par value
will be considered.
BOOK-ENTRY ONLY: The bonds will be issued in book-entry only form as one fully
registered bond per maturity and will be registered in the name of Cede & Co., as
bondholder and nominee for The Depository Trust Company ("DTC"), New York, New
York. DTC will act as securities depository for the bonds. Purchase of the bonds will be
made in book-entry-only form, in the denomination of $5,000 or any multiple thereof.
Purchasers will not receive certificate representing their interest in bonds purchased. The
book-entry-only system is described further in the preliminary official statement for the
bonds.
TRANSFER AGENT AND REGISTRATION: Principal and interest shall be payable at the
principal corporate trust office of ________________ _________________________,
Michigan, or such other transfer agent as the Issuer may thereafter designate by notice
mailed to the registered owners of the bonds not less than 60 days prior to any interest
payment date. Interest shall be paid by check or draft mailed to the registered owners of
the bonds as shown by the registration books of the Issuer on the 15th day of the month
preceding the interest payment date. The bonds will be transferable only upon the
registration books of the Issuer kept by the transfer agent.
Council - June 6, 1994 51
PURPOSE AND SECURITY: The bonds are issued under the provisions of Act 94, Public
Acts of Michigan, 1933, as amended, and Ordinance No. 86, as amended, and Ordinance
No. ____ 94 of the Issuer, for the purpose of defraying the cost of acquiring and
constructing extensions and improvements to the Issuer's Water Supply System (the
"System"). The bonds are payable solely from the net revenues of the System and any
additions thereto, and a statutory first lien on said revenues has been established by said
Ordinance. The bonds and said lien are of equal standing with the following series of
Water Supply System Revenue Bonds: Series A, dated July 1, 1949; Series D, dated
May 1, 1966; Series K, dated July 1, 1977; Series M, dated June 1, 1983; Series N, dated
July 1, 1988, Series O, dated May 1, 1989, Series P, dated June 1, 1990, Series Q, dated
May 1, 1991, Series R, dated May 1, 1991 and Series S, dated December 30, 1992. The
bonds do not constitute a general obligation of the City. The Issuer has covenanted and
agreed to fix and maintain at all times while any of such bonds shall be outstanding such
rates for service furnished by the System as shall be sufficient to provide for payment of
the necessary expenses of operation, maintenance and administration of the System, of
the principal and interest on all of said bonds when due, to create and maintain a bond
reserve account therefor, and to provide for such other expenditures and funds for the
System as are required by said Ordinance.
The rights or remedies of bondholders may be affected by bankruptcy, insolvency,
fraudulent conveyance or other laws affecting creditors' rights generally now existing or
hereafter enacted and by the application of general principles of equity including those
relating to equitable subordination.
ADDITIONAL BONDS: For the terms upon which additional bonds of equal standing with
the bonds of this issue as to revenues of the System may be issued reference is made to
the above described Ordinances.
GOOD FAITH: A certified or cashier's check drawn upon an incorporated bank or trust
company or a financial surety bond, in the amount of $191,050 and payable to the order of
the Treasurer of the Issuer, must accompany each bid as a guarantee of good faith on the
part of the bidder, to be forfeited as liquidated damages if such bid be accepted and the
bidder fails to take up and pay for the bonds. If a check is used, it must accompany each
bid. If a Financial Surety Bond is used, it must be from an insurance company licensed to
issue such a bond in the State of Michigan and such Bonds must be submitted to the
Issuer's financial advisor prior to the opening of the bids. The financial surety bond must
identify each bidder whose good faith deposit is guaranteed by such financial surety bond.
If the bonds are awarded to a bidder utilized a financial surety bond, then that purchaser
(the "Purchaser") is required to submit its good faith deposit to the Issuer or its financial
advisor in the form of a cashier's check (or wire transfer such amount) as instructed by the
52 Council - June 6, 1994
Issuer or its financial advisor in the form of a cashier's check not later than Noon, Eastern
Daylight Time, on the next business day following the award. If such good faith deposit is
not received by that time, the financial surety bond may be drawn by the Issuer to satisfy
the good faith deposit requirement. The good faith deposit will be applied to the purchase
price of the bonds. In the event the Purchaser fails to honor its accepted bid, the good faith
deposit will be retained by the Issuer. No interest shall be allowed on the good faith checks
and checks of the unsuccessful bidders will be promptly returned. The good faith check of
the successful bidder may be deposited immediately by the Issuer and payment for the
balance of the purchaser price of the bonds shall be made at the closing.
MICHIGAN PROPERTY TAX REFORM: On March 15, 1994, the electors of the State of
Michigan voted to amend the State Constitution to increase the state sales tax from 4% to
6% and to place a yearly cap on property value assessment increases. The state will levy
a property tax to finance education, and a higher real estate transfer tax will be imposed on
the sale of real property. In addition local school districts will continue to levy property
taxes at a reduced level for school operating purposes. The amendment also limits the
growth in assessments for each parcel of property to the rate of inflation or 5%, whichever
is less, until the property is transferred.
AWARD OF BONDS: The bonds will be awarded to the bidder whose bid produces the
lowest interest cost computed by determining, at the rate or rates specified in the bid, the
total dollar value of all interest on the bonds from July 1, 1992, to their maturity and
deducting therefrom any premium or adding thereto any discount.
LEGAL OPINION: Bids shall be conditioned upon the approving opinion of Miller, Canfield,
Paddock and Stone, P.L.C., attorneys of Detroit, Michigan, a copy of which opinion will be
printed on the reverse side of each bond, and the original of which will be furnished without
expense to the purchaser of the bonds at the delivery thereof. The fees of Miller, Canfield,
Paddock and Stone, P.L.C. for services rendered in connection with such approving
opinion are expected to be paid from bond proceeds. Except to the extent necessary to
issue their approving opinion as to validity of the above bonds, Miller, Canfield, Paddock
and Stone, P.L.C. has not been requested to examine or review and has not examined or
reviewed any financial documents, statements or materials that have been or may be
furnished in connection with the authorization, issuance or marketing of the bonds, and
accordingly will not express any opinion with respect to the accuracy or completeness of
any such financial documents, statements or materials.
DELIVERY OF BONDS: The Issuer will furnish bonds ready for execution at its expense.
Bonds will be delivered without expense to the purchaser at Detroit, Michigan or such other
location as may be mutually acceptable to the Issuer and the purchaser. The usual closing
documents, including a certificate that no litigation is pending affecting the issuance of the
bonds, will be delivered at the time of the delivery of the bonds. If the bonds are not
Council - June 6, 1994 53
tendered for delivery by twelve o'clock noon, Eastern Daylight Time, on the 45th day
following the date of sale, or the first business day thereafter if said 45th day is not a
business day, the successful bidder may on that day, or any time thereafter until delivery of
the bonds, withdraw his proposal by serving notice of cancellation, in writing, on the
undersigned in which event the Issuer shall promptly return the good faith deposit.
Payment for the bonds shall be made in immediately available funds. Accrued interest to
the date of delivery of the bonds shall be paid by the purchaser at the time of delivery.
Unless the purchaser furnishes the transfer agent with a list giving the denominations and
names in which it wishes to have the certificates issued at least 5 business days prior to
delivery of the bonds, the bonds will be delivered in the form of a single certificate for each
maturity registered in the name of the purchaser.
TAX EXEMPTION: In the opinion of bond counsel, the bonds will be exempt from taxation
in the State of Michigan and from federal income tax subject, in both cases, to certain
exceptions described in bond counsel's opinion.
CUSIP NUMBERS: CUSIP identification numbers will be printed on the bonds, but neither
the failure to print the numbers nor any error with respect thereto shall constitute cause for
refusal by the purchaser to accept delivery of the bonds. All expenses in relation to the
printing of CUSIP numbers shall be paid for by the Issuer except that the CUSIP Service
Bureau charge for the assignment of numbers shall be the responsibility of and paid for by
the purchaser.
OFFICIAL STATEMENT: A copy of the Official Statement may be obtained by contacting
Stauder, Barch & Associates, Inc., Financial Consultant to the City, 3989 Research Park
Drive, Ann Arbor, Michigan 48108, telephone 313-668-6688. The Official Statement is in a
form deemed final as of its date by the City for purposes of SEC Rule 15c2-12(b)1, but is
subject to revision, amendment and completion of a final Official Statement. The
successful bidder shall supply to the City, within twenty-four hours after the award of the
bonds, all pricing information and any underwriter identification determined by the City to
be necessary to complete the Official Statement.
The City will furnish to the successful bidder, at no cost, a reasonable number of
copies of the final Official Statement within seven business days after the award of the
bonds. Additional copies will be supplied upon the bidder's agreement to pay the cost of
the City for those additional copies.
The City shall deliver, at closing, an executed certificate to the effect that as of the
date of delivery the information contained in the Official Statement, including revisions,
amendments and completions as necessary, relating to the City and the bonds is true and
correct in all material respects, and that such Official Statement does not contain any
untrue statement of a material fact or omit to state a material fact necessary to make the
54 Council - June 6, 1994
statements therein, in light of the circumstances under which they were made, not
misleading.
CERTIFICATION: The successful bidder will be required to furnish, prior to the delivery of
the bonds, a certificate in a form acceptable to bond counsel as to the "issue price" of the
bonds within the meaning of Section 1273 of the Internal Revenue Code of 1986, as
amended.
FINANCIAL CONSULTANT: Additional information may be obtained from Stauder Barch
& Associates, 3989 Research Park Drive, Ann Arbor, Michigan 48108 (telephone:
(313) 668-6688), financial consultant to the City.
THE RIGHT IS RESERVED TO REJECT ANY OR ALL BIDS.
ENVELOPES containing the bids should be plainly marked "Proposal for Water Revenue
Bonds".
Winifred Northcross
City Clerk
City of Ann Arbor
4. All resolutions and parts of resolutions insofar as they conflict with the
provisions of this resolution be and the same hereby are rescinded.
Councilmember Stead moved that the resolution be adopted.
On a voice vote the Mayor declared the motion carried unanimously.
****************************************************************
R-256-6-94 APPROVED
RESOLUTION AUTHORIZING NOTICE OF SALE FOR
STORM SEWER SYSTEM REVENUE BONDS, SERIES 1994 -
NOT TO EXCEED $1,525,000
Whereas, The City of Ann Arbor, County of Washtenaw, State of Michigan (the
"Issuer"), has by an Ordinance duly adopted on date even herewith authorized the
issuance and sale of One Million Five Hundred Twenty-Five Thousand Dollars
($1,525,000) principal amount of the Issuer's Storm Water Disposal System Revenue
Bonds, Series 1994 (the "Bonds");
Council - June 6, 1994 55
RESOLVED, That:
1. The Issuer's Clerk be hereby authorized and directed to fix the date for the
sale of the Bonds.
2. The Issuer's Clerk shall cause a Notice of Sale of the Bonds to be published
in either the Bond Buyer, published in New York, New York, or in the Detroit Legal News,
published in Detroit, Michigan, at least fourteen (14) full days before the date fixed for sale.
3. The Notice of Sale of the Bonds shall be in substantially the following form:
OFFICIAL NOTICE OF SALE
$1,525,000
CITY OF ANN ARBOR
COUNTY OF WASHTENAW, STATE OF MICHIGAN
STORM WATER DISPOSAL SYSTEM REVENUE BONDS
SERIES 1994
SEALED BIDS for the purchase of the above bonds will be received by the undersigned at
the office of the City Clerk located at 100 N. Fifth Avenue, Ann Arbor, Michigan 48107-
8647, on ___________, the _____ day of ________________, 1994, until ________
o'clock __.m., Eastern Daylight Time, at which time and place said bids will be publicly
opened and read. Sealed bids for the purchase of the above bonds will also be received
until the same time on the same date at the offices of the Municipal Advisory Council of
Michigan, 1445 First National Building, Detroit, Michigan 48226-3617, at which time and
place said bids will be simultaneously opened and read. The City Council will meet at
__________ o'clock __.m., on that date, to consider the award or rejection of bids.
BOND DETAILS: The bonds will be registered bonds of the denomination of $5,000 or
multiples thereof not exceeding for each maturity the aggregate principal amount of that
maturity, dated July 1, 1994, numbered in order of registration, and will bear interest from
their date payable on December 1, 1994, and semiannually thereafter.
The bonds will mature on the 1st day of June of the years as follows:
Year Amount Year Amount
1995 and 1996
1997
1998 and 1999
2000
2001
2002
$ 70,000
75,000
80,000
85,000
95,000
100,000
2004
2005
2006
2007
2008
2009
$110,000
115,000
125,000
130,000
140,000
145,000
56 Council - June 6, 1994
2003 105,000
TERM BOND OPTION: Bidders shall have the option of designating bonds maturing on
and after June 1, 2004, as serial bonds or term bonds, or both. The bid must designate
whether each of the principal amounts shown above for the years 2004 through 2008,
inclusive, represents a serial maturity or maturity or a mandatory redemption requirement
for a term bond maturity. A bidder may designate more than one term bond maturity. The
amounts of the maturities which are aggregated as a designated term bond shall be
subject to mandatory redemption on June 1 of the years and in the amounts set forth in the
foregoing maturity schedules at a redemption price of par, plus accrued interest to the date
of mandatory redemption.
PRIOR REDEMPTION: Bonds of this issue maturing in the years 1995 to 2003, inclusive,
are not subject to redemption prior to maturity. Bonds of this issue, or portions thereof in
multiples of $5,000, maturing in the year 2004 and thereafter may be redeemed at the
option of the City of Ann Arbor (the "Issuer"), in inverse order of maturity and within any
maturity by lot, on any interest payment date on or after June 1, 2003, at par and accrued
interest to the date fixed for redemption plus a premium expressed as a percentage of par
as follows:
12% of the par value of each bond or portion thereof called for
redemption on or after June 1, 2003, but prior to June 1, 2004;
1% of the par value of each bond or portion thereof called for
redemption on or after June 1, 2004, but prior to June 1, 2005;
2 of 1% of the par value of each bond or portion thereof called for
redemption on or after June 1, 2005, but prior to June 1, 2006;
No premium shall be paid on bonds or portions thereof called for
redemption on or after June 1, 2006.
In case less than the full amount of an outstanding bond is called for redemption the
transfer agent upon presentation of the bond called in part for redemption shall register,
authenticate and deliver to the registered owner a new bond of the same maturity and in
the principal amount of the portion of the original bond not called for redemption.
Notice of redemption shall be given by the transfer agent to the holders of any bond
or portion thereof to be redeemed by mailing of such notice not less than thirty (30) days
prior to the date fixed for redemption to the registered owner at the address of the
registered owner as shown on the registration books of the Issuer. No further interest
Council - June 6, 1994 57
payable on any bond or portions thereof called for redemption shall accrue after the date
fixed for redemption, whether presented for redemption or not, provided that funds are on
hand with the transfer agent for such redemption.
INTEREST RATE AND BIDDING DETAILS: The bonds shall bear interest at a rate or
rates not exceeding 9% per annum, to be fixed by the bids therefor, expressed in multiples
of 1/8 or 1/20 of 1%, or both. The interest on any one bond shall be at one rate only and all
bonds maturing in any one year must carry the same interest rate. The difference between
the highest and lowest interest rate on the bonds shall not exceed two percent (2%) per
annum. The interest rate borne by bonds maturing on or after June 1, 2005 shall not be
less than the interest rate borne by bonds maturing in the preceding year. No proposal for
the purchase of less than all of the bonds or at a price less than 98.5% of their par value
will be considered.
BOOK-ENTRY-ONLY: The bonds will be issued in book-entry-only form as one fully
registered bond per maturity and will be registered in the name of Cede & Co., as
bondholder and nominee for The Depository Trust Company ("DTC"), New York, New
York. DTC will act as securities depository for the bonds. Purchase of the bonds will be
made in book-entry-only form, in the denomination of $5,000 or any multiple thereof.
Purchasers will not receive certificates representing their interest in bonds purchased. The
book-entry-only system is described further in the preliminary official statement for the
bonds.
TRANSFER AGENT AND REGISTRATION: Principal and interest shall be payable at
____________, of ____________, Michigan, or such other transfer agent as the Issuer
may thereafter designate by notice mailed to the registered owners of the bonds not less
than 60 days prior to any interest payment date. Interest shall be paid by check or draft
mailed to the registered owners of the bonds as shown by the registration books of the
Issuer on the 15th day of the month preceding the interest payment date. The bonds will
be transferable only upon the registration books of the Issuer kept by the transfer agent.
PURPOSE AND SECURITY: The bonds are issued under the provisions of Act 94, Public
Acts of Michigan, 1933, as amended, and Ordinance No. 94 of the Issuer, for the purpose
of defraying the cost of acquiring and constructing additions and improvements to the
Issuer's Storm Water Disposal System (the "System"). The bonds are payable solely from
the net revenues of the System and any additions thereto, and a statutory first lien on said
revenues has been established by said Ordinance. The Issuer has covenanted and
agreed to fix and maintain at all times while any of such bonds shall be outstanding such
rates for service furnished by the System as shall be sufficient to provide for payment of
the necessary expenses of operation, maintenance and administration of the System, of
the principal and interest on all of said bonds when due, to create and maintain and
increase a bond reserve account therefor, and to provide for such other expenditures and
58 Council - June 6, 1994
funds for the System as are required by said Ordinance.
The rights or remedies of bondholders may be affected by bankruptcy laws or other
creditors' rights legislation now existing or hereafter enacted.
ADDITIONAL BONDS: For the terms upon which additional bonds of equal standing with
the bonds of this issue as to revenues of the System may be issued reference is made to
the above described Ordinance.
GOOD FAITH: A certified or cashier's check drawn upon an incorporated bank or trust
company or a financial surety bond, in the amount of $30,500 and payable to the order of
the Treasurer of the Issuer, must accompany each bid as a guarantee of good faith on the
part of the bidder, to be forfeited as liquidated damages if such bid be accepted and the
bidder fails to take up and pay for the bonds. If a check is used, it must accompany each
bid. If a Financial Surety Bond is used, it must be from an insurance company licensed to
issue such a bond in the State of Michigan and such Bonds must be submitted to the
Issuer's financial advisor prior to the opening of the bids. The financial surety bond must
identify each bidder whose good faith deposit is guaranteed by such financial surety bond.
If the bonds awarded to a bidder utilized a financial surety bond, then that purchaser (the
"Purchaser") is required to submit its good faith deposit to the Issuer or its financial advisor
in the form of a cashier's check (or wire transfer such amount) as instructed by the Issuer
or its financial advisor in the form of a cashier's check not later than Noon, Eastern Daylight
Time, on the next business day following the award. If such good faith deposit is not
received by that time, the financial surety bond may be drawn by the Issuer to satisfy the
good faith deposit requirement. The good faith deposit will be applied to the purchase
price of the bonds. In the event the Purchaser fails to honor its accepted bid, the good faith
deposit will be retained by the Issuer. No interest shall be allowed on the good faith checks
and checks of the unsuccessful bidders will be promptly returned. The good faith check of
the successful bidder may be deposited immediately by the Issuer and payment for the
balance of the purchaser price of the bonds shall be made at the closing.
MICHIGAN PROPERTY TAX REFORM: On March 15, 1994, the electors of the State of
Michigan voted to amend the State Constitution to increase the state sales tax from 4% to
6% and to place a yearly cap on property value assessment increases. The state will levy
a property tax to finance education, and a higher real estate transfer tax will be imposed on
the sale of real property. In addition local school districts will continue to levy property
taxes at a reduced level for school operating purposes. The amendment also limits the
growth in assessments for each parcel of property to the rate of inflation or 5%, whichever
is less, until the property is transferred.
AWARD OF BONDS: The bonds will be awarded to the bidder whose bid produces the
lowest interest cost computed by determining, at the rate or rates specified in the bid, the
Council - June 6, 1994 59
total dollar value of all interest on the bonds from ___________, 1994, to their maturity and
adding thereto any discount or deducting therefrom any premium.
LEGAL OPINION: Bids shall be conditioned upon the unqualified approving opinion of
Miller, Canfield, Paddock and Stone P.L.C., attorneys of Detroit, Michigan, a copy of which
opinion will be printed on the reverse side of each bond, and the original of which will be
furnished without expense to the purchaser of the bonds at the delivery thereof. The fees
of Miller, Canfield, Paddock and Stone P.L.C. for services rendered in connection with such
approving opinion are expected to be paid from bond proceeds. Except to the extent
necessary to issue their unqualified approving opinion as to validity of the above bonds,
Miller, Canfield, Paddock and Stone P.L.C. has not been requested to examine or review
and has not examined or reviewed any financial documents, statements or materials that
have been or may be furnished in connection with the authorization, issuance or marketing
of the bonds, and accordingly will not express any opinion with respect to the accuracy or
completeness of any such financial documents, statements or materials.
DELIVERY OF BONDS: The Issuer will furnish bonds ready for execution at its expense.
Bonds will be delivered without expense to the purchaser at Detroit, Michigan, or such
other location as may be mutually acceptable to the Issuer and the purchaser. The usual
closing documents, including a certificate that no litigation is pending affecting the issuance
of the bonds, will be delivered at the time of the delivery of the bonds. If the bonds are not
tendered for delivery by twelve o'clock noon, Eastern Daylight Time, on the 45th day
following the date of sale, or the first business day thereafter if said 45th day is not a
business day, the successful bidder may on that day, or any time thereafter until delivery of
the bonds, withdraw his proposal by serving notice of cancellation, in writing, on the
undersigned in which event the Issuer shall promptly return the good faith deposit.
Payment for the bonds shall be made in immediately available funds. Accrued interest to
the date of delivery of the bonds shall be paid by the purchaser at the time of delivery.
Unless the purchaser furnishes the transfer agent with a list giving the denominations and
names in which it wishes to have the certificates issued at least 5 business days prior to
delivery of the bonds, the bonds will be delivered in the form of a single certificate for each
maturity registered in the name of the purchaser.
CUSIP NUMBERS: CUSIP identification numbers will be printed on the bonds, but neither
the failure to print the numbers nor any error with respect thereto shall constitute cause for
refusal by the purchaser to accept delivery of the bonds. All expenses in relation to the
printing of CUSIP numbers shall be paid for by the Issuer except that the CUSIP Service
Bureau charge for the assignment of numbers shall be the responsibility of and paid for by
the purchaser.
OFFICIAL STATEMENT: A copy of the Official Statement may be obtained by contacting
Stauder, Barch & Associates, Inc. at the below address and telephone number. The
Official Statement is in a form deemed final as of its date by the Issuer for purposes of SEC
60 Council - June 6, 1994
Rule 15c2-12(b)1, but is subject to revision, amendment and completion of a final Official
Statement. The successful bidder shall supply to the Issuer, within twenty-four hours after
the award of the bonds, all pricing information and any underwriter identification
determined by the Issuer to be necessary to complete the Official Statement.
The Issuer will furnish to the successful bidder, at no cost, a reasonable number of
copies of the final Official Statement within seven business days after the award of the
bonds. Additional copies will be supplied upon the bidder's agreement to pay the cost of
the Issuer for those additional copies.
The Issuer shall deliver, at closing, an executed certificate to the effect that as of the
date of delivery the information contained in the Official Statement, including revision,
amendments and completions as necessary, relating to the Issuer and the bonds is true
and correct in all material respects, and that such Official Statement does not contain any
untrue statement of a material fact or omit to state a material fact necessary to make the
statements therein, in light of circumstances under which they were made, not misleading.
ADDITIONAL INFORMATION: Additional information may be obtained from Stauder,
Barch & Associates, 3989 Research Park Drive, Ann Arbor, Michigan 48107 (telephone:
(313) 668-6688 -- facsimile: (313) 668-6723).
THE RIGHT IS RESERVED TO REJECT ANY OR ALL BIDS.
ENVELOPES containing the bids should be plainly marked "Proposal for Storm Water
Disposal System Revenue Bonds".
City Clerk
City of Ann Arbor
[Approved:__________
State of Michigan
Department of Treasury]
4. All resolutions and parts of resolutions insofar as they conflict with the
provisions of this resolution be and the same hereby are rescinded.
Councilmember Stead moved that the resolution be adopted.
On a voice vote the Mayor declared the motion carried unanimously.
****************************************************************
Council - June 6, 1994 61
R-257-6-94 APPROVED
RESOLUTION AUTHORIZING 1994 GENERAL OBLIGATION
UNLIMITED TAX REFUNDING BONDS - HYDROELECTRIC FACILITIES
Whereas, The City of Ann Arbor (the "Issuer") issued its 1983 General Obligation
Unlimited Tax Bonds (Hydroelectric Facilities) dated as of December 1, 1983, in the
original principal amount of $3,200,000 (the "Prior Bonds"), under the provisions of Act 279,
Public Acts of Michigan, 1909, as amended, for the purpose of financing the cost of
acquiring and constructing hydroelectric improvements; and
Whereas, $2,650,000 of the Prior Bonds are presently outstanding;
Whereas, Interest rates have declined to a level such that it is advantageous to
issue bonds and refund all or a portion of the Prior Bonds; and
Whereas, It is the determination of the City Council that at this time general
obligation bonds in the principal amount of Two Million Five Hundred Ninety Five Thousand
Dollars ($2,595,000) should be issued for the purpose of refunding the Prior Bonds; and
Whereas, Prior to the issuance of the bonds the Issuer must secure the approval of
the Michigan Department of Treasury (the "Department") for the issuance of the bonds and
secure certain waivers from the Department;
RESOLVED, That:
1. Bonds of the Issuer designated 1994 General Obligation Unlimited Tax
Refunding Bonds (Hydroelectric Facilities), (the "Bonds") are authorized to be issued in the
aggregate principal sum of not to exceed Two Million Five Hundred Ninety Five Thousand
Dollars ($2,595,000) or such lesser amount as shall be approved by the City Council
subsequent to receipt of bids for the purpose of paying the cost of refunding the Prior
Bonds, including the cost incidental to the issuance, sale and delivery of the Bonds. The
current estimated amount of Bonds needed to refund the Prior Bonds is $2,595,000. The
issue shall consist of bonds in fully-registered form of the denomination of $5,000, or
multiples thereof not exceeding for each maturity the maximum principal amount of that
maturity, numbered consecutively in order of registration and dated as of July 1, 1994. The
Bonds shall bear interest, mature, and be payable at the times and in the manner set forth
in Section 7 hereof.
The Bonds shall be subject to redemption prior to maturity as set forth in sections 6
and 7 hereof.
62 Council - June 6, 1994
Interest shall be payable to the registered owner of record as of the 15th day of the
month prior to the payment date for each interest payment. The record date of
determination of registered owner for purposes of payment of interest as provided in this
paragraph may be changed by the Issuer to conform to market practice in the future.
Interest shall be payable by check or draft drawn on the Transfer Agent (as hereinafter
defined) mailed to the registered owner at the registered address, as shown on the
registration books of the Issuer maintained by the Transfer Agent. The principal of the
Bonds shall be payable upon presentation and surrender to the Transfer Agent.
The City Finance Director is hereby authorized to select a bank or trust company
located in the State of Michigan to serve as bond registrar, paying agent and transfer agent
(the "Transfer Agent") for this issue. The Issuer reserves the right to replace the Transfer
Agent at any time upon written notice to the registered owners of record of the Bonds not
less than sixty (60) days prior to an interest payment date.
The bonds may be issued in book-entry-only form through The Depository Trust
Company in New York, New York.
At the election of the winning bidder, the bonds maturing after the year 2004 may be
designated as serial bonds or term bonds or both, as further described in Section 7 hereof.
2. The Bonds of this issue shall be executed in the name of the Issuer with the
facsimile signatures of the Mayor and Clerk of the Issuer and shall have the seal of the
Issuer, or a facsimile thereof, printed or impressed on the Bonds. No Bond shall be valid
until authenticated by an authorized officer or representative of the Transfer Agent. The
Bonds shall be delivered to the Transfer Agent for authentication and be delivered by the
Transfer Agent to the purchaser or other person in accordance with instructions from the
Clerk or Treasurer of the Issuer upon payment of the purchase price for the Bonds in
accordance with the bid therefor when accepted.
3. The Transfer Agent shall keep the books of registration for this issue on
behalf of the Issuer. Any Bond may be transferred upon such registration books by the
registered owner of record, in person or by the registered owner's duly authorized attorney,
upon surrender of the Bond for cancellation, accompanied by delivery of a duly executed
written instrument of transfer in a form approved by the Transfer Agent. Whenever any
Bond or Bonds shall be surrendered for transfer, the Issuer shall execute and the Transfer
Agent shall authenticate and deliver a new Bond or Bonds, for like aggregate principal
amount. The Transfer Agent shall require the payment by the bondholder requesting the
transfer of any tax or other governmental charge required to be paid with respect to the
transfer.
Unless waived by any registered owner of Bonds to be redeemed, official notice of
Council - June 6, 1994 63
redemption shall be given by the Transfer Agent on behalf of the Issuer. Such notice shall
be dated and shall contain at a minimum the following information: original issue date;
maturity dates; interest rates; CUSIP numbers, if any; certificate numbers (and in the case
of partial redemption) the called amounts of each certificate; the place where the Bonds
called for redemption are to be surrendered for payment; and that interest on the Bonds or
portions thereof called for redemption shall cease to accrue from and after the redemption
date.
In addition, further notice shall be given by the Transfer Agent in such manner as
may be required or suggested by regulations or market practice at the applicable time, but
no defect in such further notice nor any failure to give all or any portion of such further
notice shall in any manner defeat the effectiveness of a call for redemption if notice thereof
is given as prescribed herein.
4. The Treasurer is authorized and directed to open a separate depositary
account with a bank or trust company designated by the Treasurer, to be designated 1994
GENERAL OBLIGATION UNLIMITED TAX REFUNDING BONDS (HYDROELECTRIC
FACILITIES), DEBT RETIREMENT FUND (the "Debt Retirement Fund"), the moneys to be
deposited into the Debt Retirement Fund to be specifically earmarked and used solely for
the purpose of paying principal of and interest on the Bonds as they mature. All proceeds
from taxes levied for the Debt Retirement Fund shall be deposited into the Debt Retirement
Fund as collected. The Bonds shall be payable as a first budget obligation from the
general funds of the Issuer, including ad valorem taxes which may be levied without limit as
to rate or amount. Commencing with the year 1994, there shall be levied upon the tax rolls
of the Issuer for the purpose of the Debt Retirement Fund each year, in the manner
required by the provisions of Act 202, Public Acts of Michigan, 1943, as amended, an
amount sufficient so that the estimated collection therefrom will be sufficient to promptly
pay, when due, the principal of and interest on the Bonds becoming due prior to the next
annual tax levy; provided, however, that if at the time of making any such annual tax levy
there shall be surplus moneys on hand in the Debt Retirement Fund for the payment of
principal of and interest on the Bonds, then credit therefor may be taken against such
annual levy for the Debt Retirement Fund.
5. The proceeds of the Bonds shall be used to pay the costs of issuance of the
Bonds and to secure payment of the Prior Bonds as provided in this section. Upon receipt
of the proceeds of the Bonds, the accrued interest and premium, if any, shall be deposited
in the Debt Retirement Fund. From the proceeds of the Bonds there shall next be set
aside a sum sufficient, together with other funds of the Issuer to be allocated therefor, to
effect the redemption of the Prior Bonds. The balance of the proceeds of the Bonds
together with any other funds supplied by the Issuer shall be used to pay the costs of the
issuance of the Bonds.
64 Council - June 6, 1994
The City Finance Director is authorized and directed to (a) take all steps necessary
to call the Prior Bonds for redemption, including the preparation and publication of a notice
of redemption and (b) negotiate terms of an escrow agreement with any financial institution
qualified to serve as escrow agent and selected by the City Finance Director.
6. The Bonds shall be in substantially the following form:
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTY OF WASHTENAW
CITY OF ANN ARBOR
1994 GENERAL OBLIGATION UNLIMITED TAX REFUNDING BOND
(HYDROELECTRIC FACILITIES)
Date of
Interest Rate Maturity Date Original Issue CUSIP
July 1, 1994
Registered Owner:
Principal Amount: Dollars
The CITY OF ANN ARBOR, County of Washtenaw, State of Michigan (the "Issuer"),
acknowledges itself to owe and for value received hereby promises to pay to the
Registered Owner specified above, or registered assigns, the Principal Amount specified
above, in lawful money of the United States of America, on the Maturity Date specified
above, unless prepaid prior thereto as hereinafter provided, with interest thereon until paid
from the Date of Original Issue specified above or such later date to which interest has
been paid, at the Interest Rate per annum specified above, first payable on March 1, 1995
and semiannually thereafter. Principal of this bond is payable at the [principal corporate
trust] office of _____________________________, _____________, Michigan, or such
other transfer agent as the Issuer may hereafter designate by notice mailed to the
registered owner not less than sixty (60) days prior to an interest payment date (the
"Transfer Agent"). Interest on this bond is payable to the registered owner of record as of
the 15th day of the month preceding the interest payment date as shown on the
registration books of the Issuer kept by the Transfer Agent by check or draft mailed by the
Transfer Agent to the registered owner of record at the registered address. For prompt
payment of this bond, both principal and interest, the full faith, credit and resources of the
Issuer are hereby irrevocably pledged.
Council - June 6, 1994 65
This bond is one of a series of bonds aggregating the principal sum of $________,
issued for the purpose of paying part of the costs of refunding the Issuer's 1983 General
Obligation Unlimited Tax Bonds (Hydroelectric Facilities) dated as of December 1, 1983
(the "Prior Bonds") and paying costs incidental to the issuance of the series of bonds.
Bonds of this issue maturing in the years 1995 to 2003, inclusive, are not subject to
redemption prior to maturity. Bonds or portions of bonds in multiples of $5,000 maturing in
the year 2004 and thereafter may be redeemed at the option of the Issuer, in such order as
the Issuer shall determine and within any maturity by lot, on any interest payment date on
or after September 1, 2003 at par and accrued interest to the date fixed for redemption plus
a premium expressed as a percentage of par as follows:
12% of the par value of each bond or portion thereof called for redemption on
or after September 1, 2003, but prior to September 1, 2004;
1% of the par value of each bond or portion thereof called for redemption on
or after September 1, 2004, but prior to September 1, 2005;
1/2% of the par value of each bond or portion thereof called for redemption
on or after September 1, 2005, but prior to September 1, 2006;
No premium shall be paid on bonds or portions of bonds if called for
redemption on or after September 1, 2006.
In case less than the full amount of an outstanding bond is called for redemption the
transfer agent upon presentation of the bond called in part for redemption shall register,
authenticate and deliver to the registered owner a new bond in the principal amount of the
portion of the original bond not called for redemption.
Notice of redemption of any bond or portion thereof shall be given by the Transfer
Agent at least thirty (30) days prior to the date fixed for redemption by mail to the registered
owner at the registered address shown on the registration books kept by the Transfer
Agent. Bonds shall be called for redemption in multiples of $5,000 and any bond of a
denomination of more than $5,000 shall be treated as representing the number of bonds
obtained by dividing the denomination of the bond by $5,000 and such bond may be
redeemed in part. Notice of redemption for a bond redeemed in part shall state that upon
surrender of the bond to be redeemed a new bond or bonds in aggregate principal amount
equal to the unredeemed portion of the bonds surrendered shall be issued to the registered
owner thereof. No further interest on a bond or portion thereof called for redemption shall
accrue after the date fixed for redemption, whether presented for redemption or not,
provided funds are on hand with the Transfer Agent to redeem the bond or portion thereof.
66 Council - June 6, 1994
This bond is transferable only upon the registration books of the Issuer kept by the
Transfer Agent by the registered owner of record in person, or by the registered owner's
attorney duly authorized in writing, upon the surrender of this bond together with a written
instrument of transfer satisfactory to the Transfer Agent duly executed by the registered
owner or the registered owner's attorney duly authorized in writing, and thereupon a new
registered bond or bonds in the same aggregate principal amount and of the same maturity
shall be issued to the transferee in exchange therefor as provided in the resolution
authorizing this bond and upon the payment of the charges, if any, therein prescribed.
This bond is payable out of the Issuer's Debt Retirement Fund for this issue, and it
is hereby certified and recited that all acts, conditions and things required by law to be
done, precedent to and in the issuance of this bond and the series of bonds of which this is
one, exist and have been done and performed in regular and due form and time as
required by law, and that the total indebtedness of the Issuer, including this bond, does not
exceed any constitutional, statutory or charter debt limitation.
This bond is not valid or obligatory for any purpose until the Transfer Agent's
Certificate of Authentication on this bond has been executed by the Transfer Agent.
IN WITNESS WHEREOF, the Issuer, by its legislative body, has caused this bond
to be signed in the name of the Issuer by the facsimile signatures of its Mayor and Clerk
and a facsimile of its corporate seal to be printed hereon, all as of the Date of Original
Issue.
CITY OF ANN ARBOR
County of Washtenaw
State of Michigan
By____________________________
Its Mayor
(SEAL)
By____________________________
Its City Clerk
(Form of Transfer Agent's Certificate of Authentication)
DATE OF REGISTRATION:
CERTIFICATE OF AUTHENTICATION
Council - June 6, 1994 67
This bond is one of the bonds described in the within-mentioned resolution.
___________________________________
_____________, Michigan,
Transfer Agent
By ______________________
Authorized Signatory
[Bond printer to insert form of assignment]
7. The City Clerk shall (1) make requisite application to the Department of
Treasury for an order granting permission for the issuance of the Bonds and such waivers
as may be necessary to market the Bonds in accordance with the Notice of Sale; (2) upon
receipt of said order fix a date of sale for the Bonds; and (3) publish notice of sale of the
Bonds in either The Bond Buyer, New York, New York, or the Detroit Legal News, Detroit,
Michigan, which notice of sale shall be in substantially the following form except for
changes which may be required as a result of the order from the Department of Treasury:
OFFICIAL NOTICE OF SALE
$2,595,000
CITY OF ANN ARBOR
COUNTY OF WASHTENAW, STATE OF MICHIGAN
1994 GENERAL OBLIGATION UNLIMITED TAX REFUNDING BONDS
(HYDROELECTRIC FACILITIES)
SEALED BIDS for the purchase of the above bonds will be received by the undersigned at
the City's offices located at 100 N. Fifth Avenue, Ann Arbor, Michigan 48107-8647, on
__________, the ____ day of _________, 1994, until ______ o'clock _.m., Eastern
Daylight Time, at which time and place said bids will be publicly opened and read. Sealed
bids will also be received on the same date and until the same time by an agent of the
undersigned at the office of the Municipal Advisory Council of Michigan, 1445 First National
Building, Detroit, Michigan 48226, when, simultaneously, the bids will be opened and read.
The City Council will meet at ____ o'clock _.m., on that date at the City Hall to consider the
award or rejection of bids.
BOND DETAILS: Said bonds will be registered bonds of the denomination of $5,000 or
multiples thereof not exceeding for each maturity the maximum principal amount of that
maturity, originally dated July 1, 1994, numbered in order of registration, and will bear
interest from their date payable on March 1, 1995, and semiannually thereafter.
68 Council - June 6, 1994
The bonds will mature on the 1st day of September of each of the years, as follows:
Year
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
Amount
$170,000
190,000
215,000
230,000
225,000
220,000
210,000
200,000
190,000
185,000
200,000
185,000
175,000
TERM BOND OPTION: Bidders shall have the option of designating bonds maturing on
and after September 1, 2004, as serial bonds or term bonds, or both. The bid must
designate whether each of the principal amounts shown above or the years 2004 through
2007, inclusive, represents a serial maturity or maturity or a mandatory redemption
requirement for a term bond maturity. A bidder may designate more than one term bond
maturity.
PRIOR REDEMPTION: Serial Bonds of this issue maturing in the years 1995 to 2003,
inclusive, are not subject to redemption prior to maturity. Bonds or portions of bonds in
multiples of $5,000 maturing in the year 2004 and thereafter may be redeemed at the
option of the Issuer, in such order as the Issuer shall determine and within any maturity by
lot, on any interest payment date on or after September 1, 2003 at par and accrued interest
to the date fixed for redemption plus a premium expressed as a percentage of par as
follows:
12% of the par value of each bond or portion thereof called for redemption on
or after September 1, 2003, but prior to September 1, 2004;
1% of the par value of each bond or portion thereof called for redemption on
or after September 1, 2004, but prior to September 1, 2005;
Council - June 6, 1994 69
1/2 of 1% of the par value of each bond or portion thereof called for
redemption on or after September 1, 2005, but prior to September 1, 2006;
No premium shall be paid on bonds or portions thereof called for redemption
on or after September 1, 2006.
The amounts of the maturities which are aggregated in a designated term bond
shall be subject to mandatory redemption on February 1 of the years and in the amounts
set forth in the maturity schedule a redemption price of par, plus accrued interest to the
date of mandatory redemption.
Notice of redemption of any bond or portion thereof shall be given by the transfer
agent at least thirty (30) days prior to the date fixed for redemption by mail to the registered
owner at the registered address shown on the registration books kept by the transfer
agent. Bonds shall be called for redemption in multiples of $5,000 and any bond of a
denomination of more than $5,000 shall be treated as representing the number of bonds
obtained by dividing the denomination of the bond by $5,000 and such bond may be
redeemed in part. Notice of redemption for a bond redeemed in part shall state that upon
surrender of the bond to be redeemed a new bond or bonds in aggregate principal amount
equal to the unredeemed portion of the bonds surrendered shall be issued to the registered
owner thereof. No further interest on a bond or portion thereof call for redemption shall
accrue after the date fixed for redemption, whether presented for redemption or not,
provided funds are on hand with the transfer agent to redeem the bond or portion thereof.
INTEREST RATE AND BIDDING DETAILS: The bonds shall bear interest at a rate or
rates not exceeding 9% per annum, to be fixed by the bids therefor, expressed in multiples
of 1/8 or 1/20 of 1%, or both. The interest on any one bond shall be at one rate only and all
bonds maturing in any one year must carry the same interest rate. The difference between
the highest and lowest interest rate on the bonds shall not exceed two percent (2%) per
annum. The interest rate borne by bonds maturing on or after the year 2005 shall not be
less than the interest rate borne by bonds maturing in the preceding year. No proposal for
the purchase of less than all of the bonds or at a price less than 100% of their par value will
be considered.
BOOK-ENTRY ONLY: The bonds will be issued in book-entry only form as one fully
registered bond per maturity and will be registered in the name of Cede & Co., as
bondholder and nominee for The Depository Trust Company ("DTC"), New York, New
York. DTC will act as securities depository for the bonds. Purchase of the bonds will be
made in book-entry-only form, in the denomination of $5,000 of any multiple thereof.
Purchasers will not receive certificate representing their interest in bonds purchased. The
book-entry-only system is described further in the preliminary official statement for the
bonds.
70 Council - June 6, 1994
TRANSFER AGENT AND REGISTRATION: Principal and interest shall be payable at
______________________, _______________, Michigan, or such other transfer agent as
the City may hereafter designate by notice mailed to the registered owner of record not
less than 60 days prior to an interest payment date. Interest shall be paid by check or draft
mailed to the registered owner of record as shown on the registration books kept by the
transfer agent as of the 15th day prior to an interest payment date. The bonds will be
transferred only upon the registration books of the City kept by the transfer agent.
PURPOSE AND SECURITY: The bonds are being issued for the purpose of paying part of
the costs of refunding the City's 1983 General Obligation Unlimited Tax Bonds
(Hydroelectric Facilities) dated as of December 1, 1983 (the "Prior Bonds") and paying
costs incidental to the issuance of the series of bonds. The Prior Bonds were issued for
the purpose of defraying the cost of acquiring and constructing hydroelectric improvements
for the City. The bonds are payable as a first budget obligation from the general fund of
the City and from taxes imposed on all taxable property in the City. The bonds will be
pledged the full faith and credit of the City. The rights or remedies of bondholders may be
affected by bankruptcy, insolvency, fraudulent conveyance or other laws affecting creditors'
rights generally now existing or hereafter enacted and by the application of general
principles of equity including those relating to equitable subordination.
GOOD FAITH: A certified or cashier's check drawn upon incorporated bank or trust
company or a Financial Surety Bond, in the amount of $51,800, and payable to the order of
the Treasurer of the City is required for each bid as a guarantee of good faith on the part of
the bidder, to be forfeited as liquidated damages if such bid be accepted and the bidder
fails to take up and pay for the bonds. If a check is used, it must accompany each bid. If a
Financial Surety Bond is used, it must be from an insurance company licensed to issue
such a bond in the State of Michigan and such Bond must be submitted to the City's
financial advisor prior to the opening of the bids. The Financial Surety Bond must identify
each bidder whose good faith deposit is guaranteed by such Financial Surety Bond. If the
bonds are awarded to a bidder utilizing a Financial Surety Bond, then that purchaser (the
"Purchaser") is required to submit its good faith deposit to the City or its financial advisor in
the form of a cashier's check (or wire transfer such amount as instructed by the City or its
financial advisor) not later than Noon, Eastern Time, on the next business day following the
award. If such good faith deposit is not received by that time, the Financial Surety Bond
may be drawn by the City to satisfy the good faith deposit requirement. The good faith
deposit will be applied to the purchase price of the bonds. In the event the Purchaser fails
to honor its accepted bid, the good faith deposit will be retained by the City. No interest
shall be allowed on the good faith check and checks of the unsuccessful bidders will be
returned to each bidder's representative or by mail. The good faith check of the successful
bidder will be cashed and payment for the balance of the purchase price of the bonds shall
be made at the closing.
Council - June 6, 1994 71
AWARD OF BONDS: The bonds will be awarded to the bidder whose bid produces the
lowest interest cost computed by determining, at the rate or rates specified in the bid
(based on the maturities described above without regard to any adjustment in interest rate
or maturity), the total dollar value of all interest on the bonds from _______, 1994 to their
maturity and deducting therefrom any premium.
TAX MATTERS: In the opinion of bond counsel, assuming compliance with certain
covenants, interest on the bonds is excluded from gross income for federal income tax
purposes as described in the opinion, and the bonds and interest thereon are exempt from
all taxation in the State of Michigan except inheritance taxes and taxes on gains realized
from the sale, payment or other disposition thereof. The successful bidder will be required
to furnish, prior to the delivery of the bonds, a certificate in a form acceptable to bond
counsel as to the "issue price" of the bonds within the meaning of Section 1273 of the
Internal Revenue Code of 1986.
LEGAL OPINION: Bids shall be conditioned upon the approving opinion of Miller, Canfield,
Paddock and Stone, P.L.C., attorneys of Detroit, Michigan, a copy of which opinion will be
printed on the reverse side of each bond and the original of which will be furnished without
expense to the purchaser of the bonds at the delivery thereof. The fees of Miller, Canfield,
Paddock and Stone, P.L.C. for services rendered in connection with such approving
opinion are expected to be paid from bond proceeds. Except to the extent necessary to
issue its unqualified approving opinion as to validity of the above bonds, Miller, Canfield,
Paddock and Stone, P.L.C. has not been requested to examine or review and has not
examined or reviewed any financial documents, statements or materials that have been or
may be furnished in connection with the authorization, issuance or marketing of the bonds,
and accordingly will not express any opinion with respect to the accuracy or completeness
of any such financial documents, statements or materials.
DELIVERY OF BONDS: The City will furnish bonds ready for execution at its expense.
Bonds will be delivered without expense to the purchaser at Detroit, Michigan, or such
other place to be agreed upon. The usual closing documents, including a certificate that no
litigation is pending affecting the issuance of the bonds, will be delivered at the time of
delivery of the bonds. If the bonds are not tendered for delivery by twelve o'clock noon,
Eastern Daylight Time, on the 45th day following the date of sale, or the first business day
thereafter if said 45th day is not a business day, the successful bidder may on that day, or
any time thereafter until delivery of the bonds, withdraw his proposal by serving notice of
cancellation, in writing, on the undersigned in which event the City shall promptly return the
good faith deposit. Payment for the bonds shall be made in Federal Reserve Funds.
Accrued interest to the date of delivery of the bonds shall be paid by the purchaser at the
time of delivery. Unless the purchaser furnishes the transfer agent with a list giving the
denominations and names in which it wishes to have the certificates issued at least
5 business days prior to the delivery of the bonds, the bonds will be delivered in the form of
72 Council - June 6, 1994
a single certificate for each maturity registered in the name of the purchaser.
CUSIP NUMBERS: It is anticipated that CUSIP identification numbers will be printed on
the bonds, but neither the failure to print such numbers on any bonds nor any error with
respect thereto shall constitute cause for a failure or refusal by the purchaser thereof to
accept delivery of and pay for the bonds in accordance with terms of the purchase
contract. All expenses in relation to the printing of CUSIP numbers on the bonds shall be
paid for by the City; provided, however, that the CUSIP Service Bureau charge for the
assignment of such numbers shall be the responsibility of and shall be paid for by the
purchaser.
MICHIGAN PROPERTY TAX REFORM: On March 15, 1994, the electors of the State of
Michigan voted to amend the State Constitution to increase the state sales tax from 4% to
6% and to place a yearly cap on property value assessment increases. The state will levy
a property tax to finance education, and a higher real estate transfer tax will be imposed on
the sale of real property. In addition local school districts will continue to levy property
taxes at a reduced level for school operating purposes. The amendment also limits the
growth in assessments for each parcel of property to the rate of inflation or 5%, whichever
is less, until the property is transferred.
OFFICIAL STATEMENT: A copy of the Official Statement may be obtained by contacting
Stauder, Barch & Associates, Inc., Financial Consultant to the City, 3989 Research Park
Drive, Ann Arbor, Michigan 48108, telephone 313-668-6688. The Official Statement is in a
form deemed final as of its date by the City for purposes of SEC Rule 15c2-12(b)1, but is
subject to revision, amendment and completion of a final Official Statement. The
successful bidder shall supply to the City, within twenty-four hours after the award of the
bonds, all pricing information and any underwriter identification determined by the City to
be necessary to complete the Official Statement.
The City will furnish to the successful bidder, at no cost, a reasonable number of
copies of the final Official Statement within seven business days after the award of the
bonds. Additional copies will be supplied upon the bidder's agreement to pay the cost of
the City for those additional copies.
The City shall deliver, at closing, an executed certificate to the effect that as of the
date of delivery the information contained in the Official Statement, including revisions,
amendments and completions as necessary, relating to the City and the bonds is true and
correct in all material respects, and that such Official Statement does not contain any
untrue statement of a material fact or omit to state a material fact necessary to make the
statements therein, in light of the circumstances under which they were made, not
misleading.
Council - June 6, 1994 73
CERTIFICATION: The successful bidder will be required to furnish, prior to the delivery of
the bonds, a certificate in a form acceptable to bond counsel as to the "issue price" of the
bonds within the meaning of Section 1273 of the Internal Revenue Code of 1986, as
amended.
FINANCIAL CONSULTANT: Additional information may be obtained from Stauder
Barch & Associates, 3989 Research Park Drive, Ann Arbor, Michigan 48108 (telephone:
(313) 668-6688), financial consultant to the City.
THE RIGHT IS RESERVED TO REJECT ANY OR ALL BIDS.
ENVELOPES containing the bids should be plainly marked "Proposal for General
Obligation Bonds."
City Clerk
APPROVED: ________________
STATE OF MICHIGAN
DEPARTMENT OF TREASURY
8. The Issuer shall not invest, reinvest or accumulate any moneys deemed to
be proceeds of the bonds pursuant to Sections 103(a) and 148 of the Internal Revenue
Code of 1986, as amended, and the applicable regulations thereunder, in such a manner
as to cause the bonds to be "arbitrage bonds" within the meaning of said Sections 103(a)
and 148 and the applicable regulations thereunder.
9. The City Finance Director is authorized to approve circulation of a
Preliminary Official Statement describing the Bonds.
10. The officers, agents and employees of the Issuer are authorized to take all
other actions necessary and convenient to facilitate sale of the Bonds, including, if
desirable, obtaining a policy of municipal bond insurance to secure the Bonds.
11. The City hereby covenants that, to the extent permitted by law, it shall take
all actions within its control necessary to maintain the exemption of the interest on the
Bonds from general federal income taxation (as opposed to alternative minimum or other
indirect taxation) under the Internal Revenue Code of 1986, as amended (the "Code")
including but not limited to, actions relating to the rebate of arbitrage earnings, if applicable,
and the expenditure and investment of bond proceeds and moneys deemed to be bond
proceeds.
74 Council - June 6, 1994
12. The improvements financed with the proceeds of the Prior Bonds have an
estimated remaining usable life of not less than fifteen (15) years.
13. All resolutions and parts of resolutions insofar as they conflict with the
provisions of this resolution be and the same hereby are rescinded.
Councilmember Stead moved that the resolution be adopted.
On a voice vote the Mayor declared the motion carried.
****************************************************************
R-258-6-94 APPROVED
RESOLUTION ALLOCATING UNSPENT BOND PROCEEDS
Whereas, The City has heretofore issued its Sewage Disposal System Revenue
Bonds, Series VII, Series IX, Series X, Series XI, and Series XII to pay the costs of certain
specified improvements to the City's Sewage Disposal System:
Whereas, The City has heretofore issued its Water Supply System Bonds, Series L,
Series M, Series N, Series O and Series P to pay the costs of certain specified
improvements to the City's Water Supply System;
Whereas, The improvements contemplated to be paid for by the above referenced
bonds have been completed and there remains unexpended bond proceeds from each of
the above referenced bond issues;
Whereas, The City proposes to use the unexpended balance of the bond proceeds
to pay the costs of further improvements and extensions to each respective system;
Whereas, The several ordinances authorizing each of the foregoing bond issues
and Act 94 of the Public Acts of 1933, as amended (the "Revenue Bond Act"), provide that
any unexpended balance of bond proceeds remaining after completion of the project for
which the bond was issued may be used for the improvement, enlargement, or extension
of the system provided the use is approved by the Michigan Department of the Treasury;
RESOLVED, That:
1. The projects for which the above referenced water supply and sanitary sewer
system bonds were originally issued have been completed and that there remains unspent
Council - June 6, 1994 75
bond proceeds in the amounts shown on Exhibit A below and made part hereof.
2. It is determined that it is reasonable and necessary to acquire the additional
water and sanitary sewer improvements listed in Exhibit A and that the unspent bond
proceeds should be utilized to acquire said improvements as shown on Exhibit A.
3. The City Clerk be and is hereby authorized to file this resolution together with
any supporting data and application with the Municipal Finance Division of the Michigan
Department of Treasury (the "Division") and request that the Division approve the
expenditure of the unspent bond proceeds for the purposes shown in Exhibit A.
4. All resolutions and parts of resolutions insofar as they conflict with the
provisions of this resolution be and the same hereby are rescinded.
EXHIBIT A
PROPOSED USE OF PRIOR BOND BALANCES
REVISED FINANCE 5/31/94
Wastewater System Bonds
Series VII Series IX Series X Series XI Series XII
1980 1986 1988 1989 1990 Total
Wastewater Collection System
Huron West Park 422,203 241,462 30,000 159,266 701,708 1,554,639
76 Council - June 6, 1994
Water System Bonds
Series L Series M Series N Series O Series P
1979 1983 1988 1989 1990 Totals
Water Treatment Plant
Master Plan-Hydraulic 257,849 257,840
PCDM 40,047 72,230 300,000 37,235 384,652 834,164
Ozone Project 2,123,864 2,123,864
Water Master Plan 283,624 283,624
Future Water Supply 309,408
Totals 2,163,911 330,070 300,000 37,235 977,684 3,808,900
Councilmember Stead moved that the resolution be adopted.
On a voice vote the Mayor declared the motion carried unanimously.
****************************************************************
R-259-6-94 APPROVED
RESOLUTION TO AUTHORIZE THE CITY ADMINISTRATION TO
EXECUTE THE RENEWAL OF HEALTH CARE CONTRACTS
Whereas, The City provides health care insurance coverages to City employees in
accordance with Personnel Rules and Regulations and various labor contracts at an
estimated annual cost of approximately $6,588,912;
Whereas, The contracts with Blue Cross Blue Shield, Blue Care Network, Care
Choices and M-Care are due for renewal on July 1, 1994; and
Whereas, The renewal family rate for Blue Cross Blue Shield of Michigan
decreased approximately 1%, Blue Care Network increased 6%, M-Care decreased 1%,
and Care Choices increased 7% over last year's rates;
RESOLVED, That the City Administrator be authorized to execute the renewal
contracts with Blue Cross Blue Shield, Blue Care Network, M-Care and Care Choices for a
one-year period beginning July 1, 1994, at the monthly rates as quoted in Appendix "A", on
file in the City Clerk's Office.
Councilmember Nicolas moved that the resolution be adopted.
On a voice vote the Mayor declared the motion carried.
****************************************************************
Council - June 6, 1994 77
R-260-6-94 APPROVED
RESOLUTION TO APPROVE AMENDMENTS TO THE COLLECTIVE
BARGAINING AGREEMENT BETWEEN THE CITY OF ANN ARBOR AND
LOCAL 369 OF THE AMERICAN FEDERATION OF STATE, COUNTY
AND MUNICIPAL EMPLOYEES, AFL-CIO
Whereas, The current agreement between the City of Ann Arbor and Local 369 of
the American Federation of State, County, and Municipal Employees Union, AFL-CIO,
expired on June 30, 1993;
Whereas, The parties have negotiated amendments to the current agreement to
take effect upon ratification by both parties with some provisions retroactive to July 1, 1993;
Whereas, The negotiated amendments to the current agreement, to go into effect
upon ratification by both parties, provide for a two-year agreement extending from July 1,
1993 through June 30, 1995;
Whereas, Said 1993 through 1995 agreement carries forth all provisions of the
former agreement except for the amendments and other stipulations contained in the
attached document entitled Tentative Agreement; and
Whereas, The City Administrator recommends the approval of the amendments;
RESOLVED, That the amendments to the current agreement negotiated between
the City of Ann Arbor and Local 369 of the American Federation of State, County, and
Municipal Employees, AFL-CIO be hereby approved; and
RESOLVED, That the Administrator be authorized to make the necessary transfers
to the budget as appropriate.
Councilmember Nicolas moved that the resolution be adopted.
On a voice vote the Mayor declared the motion carried.
****************************************************************
78 Council - June 6, 1994
R-261-6-94 APPROVED
RESOLUTION TO APPROVE AMENDMENTS TO THE CURRENT COLLECTIVE
BARGAINING AGREEMENT BETWEEN THE CITY OF ANN ARBOR AND
THE COMMUNICATION OPERATORS AND COMMUNITY SERVICE ASSISTANTS
UNIT OF THE ANN ARBOR POLICE OFFICERS ASSOCIATION
Whereas, The current agreement between the City of Ann Arbor and the
Communication Operators and Community Service Assistants unit of the Ann Arbor Police
Officers Association expired on June 30, 1992;
Whereas, The parties have negotiated a settlement of their dispute as to the terms
of the amendments to the current agreement to take effect upon ratification by both parties
with some provisions retroactive to July 1, 1992;
Whereas, The negotiated amendments to the current agreement to go into effect
upon ratification by both parties provide for a two year agreement extending from July 1,
1992 through June 30, 1994;
Whereas, Said 1992 through 1994 agreement carries forth all provisions of the
former agreement except for amendment terms contained in the document entitled
Communication Operators & Community Service Assistants - City of Ann Arbor Final and
Best Offer, dated May 18, 1994;
Whereas, Said document was initialed by the negotiators for the City and the
Association as constituting the agreed upon contract settlement which has been ratified by
the Association membership; and
Whereas, The City Administrator recommends the approval of the settlement terms
within the aforesaid document;
RESOLVED, That the amendments to the current agreement negotiated between
the City of Ann Arbor and the Communication Operators and Community Assistants Unit of
the Ann Arbor Police Officers Association be hereby approved;
RESOLVED, That the Mayor and City Clerk be authorized to sign a collective
bargaining agreement incorporating the terms of the negotiated settlement; and
RESOLVED, That the Administrator be authorized to make the necessary transfers
to the Police budget as appropriate.
Councilmember Nicolas moved that the resolution be adopted.
Council - June 6, 1994 79
On a voice vote the Mayor declared the motion carried.
****************************************************************
R-262-6-94 APPROVED
RESOLUTION MODIFYING 1993-94 GENERAL FUND APPROPRIATION
Whereas, When the 1993-94 Budget was originally adopted, it did not include the
cost of pay raises for AFSCME, Police Clerical, and Police Communications employees;
Whereas, City Council has approved Union contracts with AFSCME and Police
Communications employees and previously approved the Police Clerical Contract, which
contained a clause tieing their July 1, 1993 to the AFSCME Contract, for a total of
$201,835.00; and
Whereas, After these adjustments there will be $25,417.00 available for the
remaining labor contract and other items as may be necessary;
RESOLVED, That the department budgets be modified by transferring from the
General Fund Contingencies/Pay Increase account $201,835.00 to the various
departments in the amounts as listed in the Total Adjustments column below:
Police
Police Communi-
AFSCME Clerical cations
Wage Wage Wage Total
Increase Increase Increase Adjustments
Human Resources 1,193 1,193
Administrative Services 3,394 3,394
City Clerk 5,424 5,424
Finance 9,827 9,827
Police 7,074 38,203 45,277
Building 25,828 25,828
Public Services 52,079 52,079
Planning 5,069 5,069
Parks & Recreation 30,674 30,674
Solid Waste 23,070 23,070
TOTAL 156,558 7,074 38,203 201,835
80 Council - June 6, 1994
Councilmember Kolb moved that the resolution be adopted.
On a voice vote the Mayor declared the motion carried.
****************************************************************
R-263-6-94 APPROVED
RESOLUTION TO APPROVE SUBORDINATION AGREEMENT
WITH JOHNNIE REDDING FOR 2541 EMERALD AVENUE
Whereas, The City of Ann Arbor, by and through its Housing Commission, operates
a program designed to provide homeownership opportunities for 50 low-income families;
Whereas, The program was designed to allow participants the opportunity to take
title to the property they occupy either by purchase, or at such time as their reserve
account is equal to their unamortized principal balance;
Whereas, Johnnie Redding of 2541 Emerald Avenue purchased through the
program with Council approval dated December 18, 1989;
Whereas, Ms. Redding's current mortgage balance is $19,649.22 with a 9.75%
interest;
Whereas, Ms. Redding wishes to take out a home equity loan of $15,000.00 at a
fixed rate of 8.4%;
Whereas, The property listed at 2541 Emerald Avenue would be used as collateral;
and
Whereas, Great Lakes Bancorp requires the City of Ann Arbor to subordinate their
interest in the property in favor of a Great Lakes Bancorp lien;
RESOLVED, That the City Council approve the subordination and authorize the
Mayor and City Clerk to execute a subordination of Existing Mortgage Agreement.
Councilmember Lumm moved that the resolution be adopted.
On a voice vote the Mayor declared the motion carried.
****************************************************************
Council - June 6, 1994 81
R-264-6-94 APPROVED
RESOLUTION TO APPROVE PROFESSIONAL RECRUITER
(CONSULTANT) FOR THE SELECTION OF A CHIEF OF POLICE
Whereas, The City Council approved a resolution on May 16, 1994 which, in part,
authorized the City Administrator to retain the services of a professional recruiter
(consultant) to aid in the effective selection of a chief of police;
Whereas, A committee comprised of the Assistant City Administrator, the
Administrative Services Director and the Human Resources Director have reviewed the
proposals of four recruiters (consultants) and have selected the firm of Slavin, Nevins and
Associates due to its ability to meet the requirements as established by City Council and its
submission of the lowest bid; and
Whereas, Slavin, Nevins, and Associates received Human Rights approval on May
26, 1994;
RESOLVED, That the City Council authorize the City Administrator to employ the
services of Slavin, Nevins and Associates to aid in the search for a chief of police;
RESOLVED, That the City Council authorize the Mayor, City Clerk, and City
Attorney to enter into a contract with Slavin, Nevins, and Associates to aid in the search for
a Chief of Police; and
RESOLVED, That the amount for services, including travel, is not to exceed
$18,096.00 with 30% paid upon award of contract, 30% paid upon completion of #3 of
Scope of Work, and 40% upon completion of the contract.
Councilmember Lumm moved that the resolution be adopted.
On a voice vote the Mayor declared the motion carried.
****************************************************************
R-265-6-94 APPROVED
RESOLUTION REGARDING ENCROACHMENT OF STRUCTURE AT
211 EAST DAVIS INTO THE GREENE STREET RIGHT-OF-WAY
RESOLVED, That the "Declaration of Restriction" permitting the continued
82 Council - June 6, 1994
occupancy of a portion of the Greene Street right-of-way by a structure with its address at
211 East Davis Street, Ann Arbor, Michigan, be hereby approved and the Mayor and City
Clerk be hereby authorized to execute the same.
Councilmember Lumm moved that the resolution be adopted.
On a voice vote the Mayor declared the motion carried.
****************************************************************
R-266-6-94 APPROVED
RESOLUTION AUTHORIZING APPEAL OF CIRCUIT COURT
CASE: ZEEFF V. ANN ARBOR
RESOLVED, That the City Attorney be authorized to appeal to the Michigan Court
of Appeals the Washtenaw County Circuit Court Opinion and Order in Jon Zeeff v. City of
Ann Arbor, Case # 93-1548-CZ.
Councilmember Stead moved that the resolution be adopted.
On a voice vote the Mayor declared the motion carried.
REPORTS FROM COUNCIL COMMITTEES
None.
COUNCIL PROPOSED BUSINESS
None.
COMMUNICATIONS FROM THE MAYOR
APPOINTMENTS APPROVED
Mayor Sheldon recommended the following appointment at the December 20, 1993 regular
session of Council. It was again placed on the table for consideration at the May 2, 1994
regular session and postponed to this date:
Council - June 6, 1994 83
EMPLOYEES RETIREMENT SYSTEM BOARD
Larry Hahn (reappointment)
1524 Brookfield Dr.
Term: 5/16/94 to 1/1/97
Councilmember Stead moved that Council concur with the recommendation of the Mayor.
On a voice vote the Mayor declared the motion carried.
Mayor Sheldon recommended the following appointments at the May 16, 1994 regular
session of Council:
ZONING BOARD OF APPEALS
Charles A. Carver (reappointment)
1225 Wynnstone Dr.
Term: 6/17/94 to 6/16/97
DOWNTOWN DEVELOPMENT AUTHORITY BOARD
Paul Ungrodt, Jr. (to fill vacancy)
505 E. Huron St., #405
Term: 6/6/94 to 7/31/98
BUILDING BOARD OF APPEALS
Thomas Kittel (to fulfill membership requirements)
365 Hazelwood Ave.
Term: 6/6/94 to 6/5/99
SIGN BOARD OF APPEALS
Dick Carlisle (reappointment)
1702 Morton Ave.
Term: 6/6/94 to 6/5/97
Dan Ketelaar (reappointment)
717 W. Huron St.
Term: 6/6/94 to 6/5/97
84 Council - June 6, 1994
RECREATION ADVISORY COMMISSION
Joyce Chesbrough (replacing Susan Schmunk whose term expired)
3176 Lakewood Ave.
Term: 6/6/94 to 8/31/97
James C. Buntin III (to fill vacancy)
2384 Arrowwood Tr.
Term: 6/6/94 to 8/31/97
Councilmember Stead moved that Council concur with the recommendations of the Mayor.
On a voice vote the Mayor declared the motion carried.
NOMINATIONS PLACED ON TABLE
Mayor Sheldon placed the following nominations on the table for approval at a later date:
ANN ARBOR HOSPITALITY COMMITTEE
Catherine S. Arcure (new appointment)
1206 Harbrooke Ave.
Term: 6/20/94 to 1/1/96
Brigitte Maassen (reappointment)
1178 Heatherway
Term: 6/20/94 to 1/1/96
Cecelia Paas (reappointment)
2392 Grant Dr.
Term: 6/20/94 to 1/1/96
Gregory Fox (reappointment)
554 First Ave.
Term: 6/20/94 to 1/1/96
Stella Hackbarth (reappointment)
655 Allen Rd.
Milan, MI
Term: 6/20/94 to 1/1/96
ANN ARBOR HOSPITALITY COMMITTEE
Council - June 6, 1994 85
Tal Hiebert (reappointment)
2233 S. Huron Pkwy.
Term: 6/20/94 to 1/1/96
Toni Hiebert (reappointment)
2233 S. Huron Pkwy.
Term: 6/20/94 to 1/1/96
Eba Hierta (reappointment)
915 Miner St.
Term: 6/20/94 to 1/1/96
Mary Pfaus (reappointment)
1055 Bandera Dr.
Term: 6/20/94 to 1/1/96
Hiromi Sano (reappointment)
15 Eastbury Ct.
Term: 6/20/94 to 1/1/96
David H. Sanders (new appointment)
3600 Plymouth Rd.
Term: 6/20/94 to 1/1/96
CITY PLANNING COMMISSION
Thomas Miree (reappointment)
2710 Tuebingen Pkwy.
Term: 7/1/94 to 6/30/97
Haldon Smith (Council representative)
1606 Shadford Rd.
Term: 7/1/94 to 6/30/95
ANN ARBOR ENERGY COMMISSION
Kenneth Saulter (reappointment)
1925 Ivywood Dr.
Term: 6/20/94 to 6/19/97
ELIZABETH DEAN FUND COMMITTEE
86 Council - June 6, 1994
Richard Chesbrough (replacing Merrill Dudley whose term expired)
3176 Lakewood Ave.
Term: 6/20/94 to 7/31/96
COMMUNITY DEVELOPMENT WAIVER AND REVIEW BOARD
Patricia Dufek (reappointment)
2024 Vinewood Blvd.
Term: 6/20/94 to 6/19/96
BICYCLE COORDINATING COMMITTEE
Manfred Schmidt (reappointment)
3214 Williamsburg Dr.
Term: 6/20/94 to 6/19/97
PROCLAMATIONS
Mayor Sheldon announced that she has recently signed proclamations for the 50th
Anniversary of D-Day - June 6, 1994; Recognition of Joan Goldsmith, Teacher - June 12,
1994; Fraternal Week - June 8-14, 1994; Big 10 Students Summer Conference - June 16-
10, 1994; a Tribute to Dick Kennedy upon his retirement - June 29, 1994; and the Year of
the International Family - 1994.
COMMUNICATIONS FROM THE CITY ADMINISTRATOR
REPORTS SUBMITTED
City Administrator Gatta submitted the following reports for information of Council:
1. Hoover Street Railroad Tracks/Potholes
2. Cable Television Proposal
3. Gandy Dancer Noise Complaint
4. City Commercial Recycling Program Update
5. Hydrant Checks and Water Main Flushings
Council - June 6, 1994 87
(Reports on file in the City Clerk's Office)
COMMUNICATIONS FROM THE CITY ATTORNEY
None.
COMMUNICATIONS FROM COUNCIL
COUNCILMEMBER VEREEN-DIXON
Councilmember Vereen-Dixon invited everyone to attend the Juneteenth Day celebration
to be held on June 18, 1994 at Wheeler Park.
CLERK'S REPORT OF COMMUNICATIONS, PETITIONS AND REFERRALS
The following communications were referred as indicated:
1. Communication from Seymour LeVine, Chief Pilot, Oakland Southwest Airport, New
Hudson, MI, expressing appreciation for Airport Manager's assistance - Public
Services
2. Communication from Bob Eckstein, 1345 Kuehnle Ave., regarding proposed
Wetlands and Watercourses Preservation Ordinance - Planning.
3. Communication from Detroit City Council transmitting resolution regarding Senate
Bills 1043 through 1056 (pension and medical benefits for Michigan governmental
employees) - File.
The following minutes were received for file:
1. Human Services Task Force - February 25, March 3, May 11 and May 18, 1994
2. Finance Advisory Committee - March 10, 1994
3. Ann Arbor Transportation Authority - April 20 and May 10, 1994
4. Downtown Development Authority - April 14, 1994
5. Historic District Commission - March 10, 1994
88 Council - June 6, 1994
6. Housing Policy Board - May 18, 1994
7. Planning Commission - April 5 and April 19, 1994
8. Board of Review - March 21, 1994
9. Community Reinvestment Act Task Force - May 9 and May 18, 1994
Councilmember Stead moved that the Clerk's Report be accepted.
On a voice vote the Mayor declared the motion carried.
PUBLIC COMMENTARY - GENERAL
None.
ADJOURNMENT
There being no further business to come before Council, it was moved by Councilmember
Stead that the meeting be adjourned.
On a voice vote the Mayor declared the motion carried and the meeting adjourned at 1:42
a.m.
W. Northcross
Clerk of the Council
Janet L. Chapin
Recording Secretary