Title
ANN ARBOR CITY COUNCIL MINUTES REGULAR SESSION - JULY 15, 2002
Body
The regular session of the Ann Arbor City Council was called to order at 7:39 p.m. in the
City Hall Council Chamber by Mayor John Hieftje.
Council stood for a moment of silence.
Mayor Hieftje led Council in the recitation of the Pledge of Allegiance.
ROLL CALL OF COUNCIL
PRESENT : Councilmembers Jean Robinson, Robert M. Johnson, Joseph Upton,
Michael R. Reid, Jean Carlberg, Heidi Cowing Herrell, Marcia Higgins,
Christopher Easthope, Wendy A. Woods, Mayor John Hieftje, 11.
ABSENT : Councilmember Stephen C. Hartwell, 1.
INTRODUCTIONS
REIMBURSEMENT FOR BUYING AN ALTERNATIVE FUEL VEHICLE
Mel Barclay received a reimbursement check from The Clean Cities Program, for
purchasing a vehicle fueled solely by natural gas. The Clean Cities program is a locallybased
government/industry partnership, coordinated by the United States Department of
Energy to expand the use of alternatives to gasoline and diesel fuels.
PUBLIC COMMENTARY - RESERVED TIME
BLAINE COLEMAN - DIVEST FROM ISRAEL
Blaine Coleman, P.O. Box 7034, thanked Council for putting the resolution to divest from
Israel in front of the Human Rights Commission.
2 Council - July 15, 2002
ELAINE RUMMAN - PALESTINIAN ISRAELI CONFLICT
Elaine Rumman, 1310 Pomona, addressed Council regarding the Palestinian Israeli
conflict. Ms. Rumman asked that Council reach the federal authorities to say that Ann
Arbor tax money not be used to harm innocent people in Israel.
MERRILL CROCKETT - COMMUNITY DEVELOPMENT
Merrill Crockett, 11131 Scio Church Road, expressed concern about the future of the
Community Development programs and the Department. Ms. Crockett suggested that
Council examine the potential benefit of the reductions on the General Fund, since almost
100% of the Community Development staff is federally funded and that money cannot go to
pay for other things.
STEVE LOWE - FIRE DEPARTMENT ISSUES
Steve Lowe, 3262 W. North Territorial, president of the Ann Arbor Fire Fighters Union Local
693, expressed concern about the organizational take over of Fire Chief. Mr. Lowe asked
that Council meet with him to discuss this matter in depth.
CARL HEIN - FIRE DEPARTMENT ISSUES
Carl Hein, 11093 Homeshore, chief steward for the Ann Arbor Fire Fighters Union Local
693, expressed concern about recent comments in the Ann Arbor news regarding the Fire
Department.
JON KREUCHER - CABLE TELEVISION ORDINANCE
Jon Kreucher, representing Comcast, thanked Council for consideration of items on the
agenda regarding Comcast Cable. Mr. Kreucher was also available to answer questions of
Council.
PUBLIC HEARINGS
THE CARROT WAY DEVELOPMENTS ZONING (ORDINANCE NO. 24-02)
A public hearing was conducted on the proposed amendment to Chapter 55, rezoning of
10.29 acre from TWP (Township District) to PUD (Planned Unit Development
Council - July 15, 2002 3
District), The Carrot Way Developments property, 1731 Dhu Varren Road. Notice of public
hearing was published July 1, 2002.
Forty-one residents from Foxfire, Leslie Park Circle and members of Avalon Housing spoke
in support of the Carrot Way Development proposal.
Fifteen residents from Foxfire, Leslie Circle and the surrounding neighborhood spoke in
opposition of the Carrot Way Development proposal.
(Speaker sign-up sheet on file in the City Clerk's Office)
There being no one else present to speak, the Mayor declared the hearing closed.
2002 LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM
A public hearing was conducted on the proposed 2002 Local Law Enforcement Block Grant
Program. Notice of public hearing was published July 14, 2002.
There being no one present to speak, the Mayor declared the hearing closed.
The Mayor declared a recess at 10:54 p.m.
The Mayor again called the meeting to order at 11:08 p.m.
APPROVAL OF AGENDA
AGENDA APPROVED WITH CHANGES
Councilmember Carlberg moved that the agenda be approved with the following changes:
CONSENT AGENDA
Delete: Resolution to Award Contract to P. K. Contracting for Annual Payment Markings
- Bid No. 3538 ($136,500.00) (Public Services - William R. Wheeler, Director)
4 Council - July 15, 2002
Revised: Resolution to Approve Contract with Saladino Construction for Annual Concrete
Repairs - Bid No. 3539 ($120,000.00) (Public Services - William R. Wheeler,
Director)
Add: Resolution to Approve the Transfer of a Class C Liquor Licensed Business
Located at 114-118 East Washington Street, d.b.a. Arbor Brewing Company
(City Clerk - Yvonne Carl, Interim City Clerk)
Add: Resolution authorizing Libertarian Party Caucus (City Clerk - Yvonne Carl,
Interim City Clerk)
MOTIONS AND RESOLUTIONS
Delete: Resolution to Approve Ann Arbor/Ypsilanti Smart Zone Business Accelerator
Grant Application (Administrator - Roger Fraser, City Administrator)
Add: Resolution to Grant a Hardship Exemption from the Living Wage Ordinance to
the Ann Arbor Summer Festival Until June 2005 (Human Resources - Dave
Ferber, Director)
Add: Resolution Authorizing a New Administrative Structure for the City of Ann Arbor
(Mayor Hieftje, Councilmember Higgins)
Add: Resolution to Accept Board of Insurance Administration Minutes of July 9 and
10, 2002 and to Authorize Payments (Human Resources - Dave Ferber,
Director)
Add: Resolution to Approve Acceptance of a Core Cities Grant for the Michigan
Information Technology Center (Administrator - Roger Fraser, City
Administrator)
Add: Resolution to Approve Acceptance of Ann Arbor/Ypsilanti Smart Zone Business
Accelerator Grant (Administrator - Roger Fraser, City Administrator)
Add: Resolution Designating the Local Development Finance Authority District
Boundaries (Attorney - Abigail Elias, City Attorney)
Council - July 15, 2002 5
Add: Resolution to Appoint Local Development Finance Authority Board
(Councilmember Carlberg and Higgins)
Add: Resolution Appointing the City Administrator as Fire Chief (Administrator -
Roger Frasesr, City Administrator)
CLERK'S REPORT OF COMMUNICATIONS, PETITIONS AND REFERRALS
Add: Communication from Cathy Robinson, executive director of Hope Clinic
regarding the Food Gatherers Proposal - Planning
Add: Communication from Gopal and Indu Prasad regarding the Carrot Way
Rezoning - Planning
Add: Communication from Timothy & Monica Faley regarding the Carrot Way
Rezoning - Planning
Add: Communication from Jinming Zhang regarding the Carrot Way Rezoning -
Planning
Add: Communication from Chung-Hsing Kuo regarding the Carrot Way Rezoning -
Planning
On a voice vote the Mayor declared the motion carried.
APPROVAL OF COUNCIL MINUTES
MINUTES OF JUNE 27, AND JULY 1, 2002 APPROVED
Councilmember Robinson moved that the working session minutes of June 27, 2002 and
the regular session minutes of July 1, 2002 be approved as presented.
On a voice vote the Mayor declared the motion carried.
6 Council - July 15, 2002
CONSENT AGENDA
CONSENT AGENDA ITEMS APPROVED
Councilmember Easthope moved that the following Consent Agenda items be approved as
presented:
R-304-7-02 APPROVED
RESOLUTION TO AWARD A CONSTRUCTION CONTRACT
TO THOMPSON-McCULLY COMPANY AND
ESTABLISH A PROJECT BUDGET
FOR THE NIXON ROAD IMPROVEMENTS PROJECT
BID NO. 3559
Whereas, The Nixon Road Improvement project is included in the City Capital
Improvements Plan;
Whereas, City Council approved Special Assessment Resolution No. 4 for this
project on March 18, 2002;
Whereas, Competitive bids were received by the Purchasing Division on June 25,
2002 and Thompson-McCully Company of Whitmore Lake, Michigan, was the lowest
responsible bidder at $793,080.10;
Whereas, The contractual proposal sets forth the services to be performed by said
company, and the payments to be made by the City therefore, all of which are agreeable to
the City;
Whereas, It is now necessary to enter into a Contract with said company for said
construction project; and
Whereas, Thompson-McCully Company received Human Rights approval on May
15, 2002 and complies with the living wage ordinance;
RESOLVED, That a contract in the amount of $793,080.10 be awarded to
Thompson-McCully Company for the construction of the Nixon Road Improvements Project
(Bid No. 3559);
Council - July 15, 2002 7
RESOLVED, That the Mayor and City Clerk be authorized and directed to execute
said contract after approval as to form by the City Attorney, and approval as to substance
by the City Administrator;
RESOLVED, That the following project budget be adopted and funds appropriated
for the life of the project, to be available until expended without regard to fiscal year:
Section I - Revenue
$ 204,912.00 Property Share Assessable, Special Assessment Bonds
$ 103,000.00 Property Share Assessable, Cash Paid by Barclay Park
Condominium to the design consultant
$ 205,000.00 City Share Future Recoverable, LTGO
$ 226,364.00 City Share Future Recoverable, Street Millage
$ 460,724 00 City Share Non-Recoverable, Street Millage
$ 1,200,000.00 TOTAL
Section II - Expense
$ 793,100.00 Construction
$ 155,300.00 Design Engineering
$ 119,000.00 Construction Engineering
$ 27,000.00 Consulting and Testing
$ 79,000.00 Contingencies approved by the City Administrator
$ 10,000.00 Bond Expenses
$ 16,600.00 Miscellaneous Costs
$ 1,200,000.00 TOTAL; and
RESOLVED, That the City Administrator be authorized to take all necessary
administrative actions to implement this resolution.
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8 Council - July 15, 2002
R-305-7-02 APPROVED
RESOLUTION TO APPROVE CONTRACT WITH SALADINO CONSTRUCTION
FOR ANNUAL CONCRETE REPAIRS - BID NO. 3539
Whereas, Sealed bids for annual concrete repairs were received in April 2002, and
Saladino Construction was the lowest responsible bidder;
Whereas, The Public Services Department recommends approval of a one-year
contract with Saladino Construction with the option to extend the contract for an additional
two one-year periods under the same terms and conditions;
Whereas, $120,000.00 has been appropriated in the FY 2002-03 Public Services
Department major and local street budgets, for the scheduled annual concrete repairs
throughout the City;
Whereas, It is anticipated that sufficient funds will be appropriated in the FY 2003-04
and FY 2004-05 Public Services Department major and local street budgets should the City
elect to exercise its option and extend the term of the contract; and
Whereas, Saladino Construction received Human Rights approval on May 31, 2002;
RESOLVED, That City Council approve a contract, per Bid No. 3539, with Saladino
Construction in the amount of $120,000.00 for one year with the option to extend the
contract for an additional two one-year periods for annual concrete repairs on appropriation
of the necessary funds in the FY 2003-04 and FY 2004-05 budgets for a total estimated
amount for the three years of $360,000.00;
RESOLVED, That the Mayor and City Clerk be authorized and directed to execute
said contract and any extension thereof 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 all necessary
administrative actions to implement this resolution.
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Council - July 15, 2002 9
R-306-7-02 APPROVED
RESOLUTION TO AWARD CONTRACT TO NYLANDER ENGINEERING
FOR CRACK SEALING/CRACK FILLING - BID NO. 3537
Whereas, Sealed bids for crack sealing/crack filling were received in April 2002, and
Nylander Engineering was the lowest responsible bidder;
Whereas, The Public Services Department recommends approval of a one-year
contract with Nylander Engineering with the option to extend the contract for an additional
two one-year periods under the same terms and conditions;
Whereas, Sufficient funds have been appropriated in the FY2002-03 Public Services
Department major and local street budgets, for the scheduled crack sealing repairs
throughout the City;
Whereas, It is anticipated that sufficient funds will be appropriated in the FY 2003-04
and FY 2004-05 Public Services Department major and local street budgets should the City
elect to exercise its option and extend the term of the contract; and
Whereas, Nylander Engineering received Human Rights approval on June 10, 2002;
RESOLVED, That City Council approve a contract, per Bid No. 3537, with Nylander
Engineering in the amount of $68,800.00 for one year with the option to extend the contract
for an additional two one-year periods for annual crack sealing repairs on appropriation of
the necessary funds in the FY 2003-04 and FY 2004-05 budgets for a total estimated
amount for the three years of $206,400.00;
RESOLVED, That the Mayor and City Clerk be authorized and directed to execute
said contract and any extension thereof 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 all necessary
administrative actions to implement this resolution.
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10 Council - July 15, 2002
R-307-7-02 APPROVED
RESOLUTION TO INCREASE THE AMOUNT OF SERVICE CONTRACT
TO ACCU READ SERVICES FOR TEMPORARY WATER METER
READING SERVICES FOR FY 2002 ($20,875.00) AND ISSUE
A NEW PURCHASE ORDER FOR FY 2003 EXPENSES
Whereas, It is necessary to read Water Utility meters to generate utility billing;
Whereas, The Water Utility is soliciting proposals to convert to automated meter
reading technology which will eliminate the meter reader classification;
Whereas, Due to retirements and temporary reassignment temporary assistance is
needed to maintain the meter read schedule to accommodate timely customer billing;
Whereas, ACCU Read Services has provided proposal to meet the Water Utility
Department meter reading needs for a period of up to twelve months and a purchase order
in the amount of $22,000.00 was issued to ACCU Read Services on January 23, 2002;
Whereas, Due to personnel changes, additional funds are needed to pay for ACCU
Read Services provided in FY 2002 and the cost of these additional services is
approximately $20,875.00;
Whereas, ACCU Read Services are needed during FY 2003 from July 1, 2002
through November 21, 2002, with estimated expenses of $50,000.00; and
Whereas, On January 22, 2002, ACCU Read Services received Human Rights and
Living Wage approval;
RESOLVED, That Council approve $20,875.00 for ACCU Read Services for meter
reading services provided in FY 2002, with the total amount of FY 2002 purchase order
increased to $42,875.00; and
RESOLVED, That Council approve $50,000.00 for meter reading services performed
by ACCU Read Services in FY 2003 from July 1, 2002 to November 21, 2002.
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R-308-7-02 APPROVED
RESOLUTION AUTHORIZING WATER MAIN, SANITARY SEWER
AND STORM SEWER IMPROVEMENT CHARGES
TO 2310, 2320 AND 2324 DEXTER AVE.
Council - July 15, 2002 11
Whereas, The City has previously constructed a water main, sanitary sewers and
storm sewer improvement described as follows:
Water Main: 8" water main in Dexter $14.3531/front foot
2310 Dexter 110 front feet x $14.3531/front foot = $1,578.84
2320 Dexter 55 front feet x $14.3531/front foot = $ 789.42
2324 Dexter 302.5 front feet x $14.3531/front foot = $4,341.81
$6,710.07
Sanitary Sewer: 8" sanitary sewer Job No. 2996, Dist. No. 326 $38.7964/acre
2310 Dexter 1.12 acres x $38.7964/acre = $ 43.45
2320 Dexter 0.52 acres x $38.7964/acre = $ 20.17
2324 Dexter 2.21 acres x $38.7964/acre = $ 85.74
$ 149.36
Lateral Sewer : Dist No. 365; $0.0294015/sq ft.
2310 Dexter 48,840 square feet = $1,435.97
2320 Dexter 22,743 square feet = $ 668.68
2324 Dexter 96,359 square feet = $2,833.10
$4,937.75
Storm Sewer: 24" storm sewer in Dexter Rd., Job #3580, Dist. No. 54,
$0.057421697 square foot
2310 Dexter 48,840 square feet = $2,804.48
2320 Dexter 22,743 square feet = $1,305.94
2324 Dexter 96,359 square feet = $5,533.10
$9,643.52
GRAND TOTAL OF IMPROVEMENT CHARGES $21,440.70; and
Whereas, Pursuant to Section 1:278, Chapter 12, of the Code of the City of Ann
Arbor, the fair share of the cost of said improvements is to be levied against certain
properties and this fair share has not been previously paid nor contracted for.
RESOLVED,
1. That Council levy an improvement charge against the following newly-annexed
property which is specifically benefited by the above improvements:
12 Council - July 15, 2002
Annexation Address: 2310, 2320 and 2324 Dexter Ave.
City Assessor Code: 09-30-227-033, 09-30-227-034 &
09-30-227-035
Annexation Number : A00-14
Planning File No : 9302W7.1m .2 and .2a
2310 Dexter Road:
PRT OF THE NW 1/4 SEC 30, T2S, R6E, CITY OF ANN ARBOR, DESCRIBED AS:
COM AT THE SE COR OF SEC 24, T2S, R5E; TH N 00 DEG 05' 41" E 184.40FT;
TH S 89 DEG 24' 30" E 2.25 FT TO THE CLOSING CORNER AT THE NW COR OF
SEC 30; TH S 89 DEG 24' 30" E 873.58 FT TO THE POB; TH CONT, S 89 DEG 24'
30" E 110.92 FT; TH S 13 DEG 17' 54" W 500.27 FT; TH N 68 DEG 21' 58" W 110
FT; TH N 13 DEG 22' 40" E 459.92 FT TO THE POB; CONT 1.196 ACRES +-,
SUBJECT TO THE RIGHT OF THE PUBLIC AND ANY GOVERNMENTAL UNIT IN
ANY PRT THEROF USED, TAKEN OR DEEDED FOR ROW. SUBJECT TO
EASEMENTS AND RESTRICTIONS OF RECORD.
2320 Dexter Road:
PRT OF THE NW 1/4 SEC 30, T2S, R6E, CITY OF ANN ARBOR, DESCRIBED AS:
COM AT THE SE COR OF SEC 24, T2S, R5E; TH N 00 DEG 05' 41" E 184.40FT;
TH S 89 DEG 24' 30" E 2.25 FT TO THE CLOSING CORNER AT THE NW COR OF
SEC 30; TH S 89 DEG 24' 30" E 817.77 FT TO THE POB; TH CONT, S 89 DEG 24'
30" E 55.81 FT; TH S 13 DEG 22' 40" W 459.92 FT; TH N 68 DEG 21' 58" W 55 FT;
TH N 13 DEG 22' 40" E 439.67 FT TO THE POB; CONT .562 ACRES +-, SUBJECT
TO THE RIGHT OF THE PUBLIC AND ANY GOVERNMENTAL UNIT IN ANY PRT
THEROF USED, TAKEN OR DEEDED FOR ROW. SUBJECT TO EASEMENTS
AND RESTRICTIONS OF RECORD.
Council - July 15, 2002 13
2324 Dexter Road:
PRT OF THE NW 1/4 SEC 30, T2S, R6E, CITY OF ANN ARBOR, DESCRIBED AS:
COM AT THE SE COR OF SEC 24, T2S, R5E; TH N 00 DEG 05' 41" E 184.40FT;
TH S 89 DEG 24' 30" E 2.25 FT TO THE CLOSING CORNER AT THE NW COR OF
SEC 30; TH S 89 DEG 24' 30" E 579.77 FT TO THE POB; TH CONT, S 89 DEG 24'
30" E 238 FT; TH S 13 DEG 22' 40" W 439.67 FT; TH N 68 DEG 21' 58" W 302.25
FT; TH N24 DEG 24' 54" E 350.07 FT TO THE POB; CONT 2.384 ACRES +-,
SUBJECT TO THE RIGHT OF THE PUBLIC AND ANY GOVERNMENTAL UNIT IN
ANY PRT THEROF USED, TAKEN OR DEEDED FOR ROW. SUBJECT TO
EASEMENTS AND RESTRICTIONS OF RECORD. Now situated in the City of Ann
Arbor.
2. That the improvement charge levied be $21,440.70 and be designated as Utilities
Improvement Charge No. 728;
3. That this improvement charge be divided into 15 equal installments; the first to be
due on September 1, 2002, and the 14 subsequent installments to be due on June 1
of each and every year thereafter, with the deferred installments of the improvement
charge to bear interest at the rate of 5.1% per annum commencing September 1,
2002.
4. That the Water Utilities Department be directed to send a copy of this resolution
by first class mail to the owner of the property. This resolution will be recorded in
the office of the Register of Deeds of Washtenaw County, Michigan by the Water
Utilities Department; and
5. That this levied improvement charge be invoiced to the owners of the property
known as Raymond Knight Jr. Family Partnership, 2324 Dexter Ave., Ann Arbor, MI
and to be credited in the amounts of $6,710.07 to Fund 0042-073-3000-7151,
$5,087.11to Fund 0043-073-3000-7151 and $9,643.52 to Fund 0069-073-3000-
7151.
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14 Council - July 15, 2002
R-309-7-02 APPROVED
RESOLUTION TO GRANT WATER SERVICE OUTSIDE CITY LIMITS
TO 3009 GEDDES AVE.
Whereas, On July 2, 2002, the owners of the property at 3009 Geddes Ave.
Requested that the City extend public water service to their property in Township prior to
the completion of the annexation process;
Whereas, The owners desires to enter into the standard agreement with the City
which provides an equitable method of obtaining City service outside of its corporate
boundaries; and
Whereas, On November 8, 2001 the owners petitioned the City for annexation under
Planning Department file number 9274B8.1 and 9274B8.2;
RESOLVED, That the Mayor and Clerk be authorized and requested to sign the
agreement to allow City water service to the land during the time it is still outside of the
Corporate City Limits; that the Water Utilities Department be directed to send a copy of this
resolution by first class mail to the above property owners; and shall promptly have this
resolution and the agreement recorded in the office of the Register of Deeds of Washtenaw
County, Michigan and send a completely executed copy of the agreement to the owners.
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R-310-7-02 APPROVED
RESOLUTION TO AUTHORIZE CUMULATIVE EXPENDITURES
WITH CONTRACTORS EXCEEDING $25,000.00 FOR
FOOTING DRAIN DISCONNECTION (FDD) FROM JULY 1, 2002
THROUGH JUNE 30, 2003
Whereas, City Code Section 1:321 allows the City Administrator to approve
contracts for services without City Council approval when the total payments to the
contractor in a fiscal year do not exceed $25,000.00;
Whereas, City Code Section 1:312 allows the City Administrator to approve any
purchase or contract under $25,000.00;
Whereas, City Charter Chapter 14, Section 14.2, requires City Council approval of
any contracts with or purchases from a vendor totaling $25,000.00 or more in a single fiscal
year;
Council - July 15, 2002 15
Whereas, Under Section 2:51.1 of Chapter 28 of Title II of the code of the City of
Ann Arbor, Program Footing Drain Disconnect From POTW the POTW may reimburse the
participating homeowner for corrective work as established in the code; and
Whereas, The following contractors, each of which has received Living Wage and
Human Rights approval, have been pre-qualified and are anticipated to be awarded
contracts or purchases exceeding $25,000.00 within this fiscal year in the amounts shown:
Spending Authorized
Contractor Name Limits Through 6-30-03
Hutzel Plumbing & Heating Co. $150,000.00
Home Run Services, Inc. $150,000.00
Perimeter, LLC $150,000.00
Michigan Trenching Services, Inc. $230,000.00
Total $680,000.00 ;
RESOLVED, That City Council approve the anticipated expenses to the above listed
vendors/contractors up to the amounts shown for approved Footing Drain Disconnection
work;
RESOLVED, That the Utilities Department be authorized to pay invoices to the
extent of the spending limits herein authorized for each specified contractor; and
RESOLVED, That these expenses be financed from Funds available in the approved
project budget for the Comprehensive City-Wide Footing Drain Disconnection Program.
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16 Council - July 15, 2002
R-311-7-02 APPROVED
RESOLUTION TO APPROVE AMENDMENT TO AGREEMENT WITH
PEACE NEIGHBORHOOD CENTER FOR REHABILITATION
OF THE COMMUNITY CENTER - CDBG FUNDS
Whereas, Peace Neighborhood Center has operated a neighborhood community
center in an aging facility originally built as a church at 1111 North Maple Road;
Whereas, The facility is in need of major renovation and updating in order to
continue to provide a variety of programs for lower-income residents;
Whereas, In September 2001 City Council approved an Agreement with Peace
Neighborhood Center for $150,000.00 to assist with renovation of its building (R-370-9-01);
Whereas, Peace Neighborhood Center has raised $1.7 mil of the $2.2 mil needed to
complete the project and continues to leverage additional resources from foundations and
private sources through a major fund raising campaign for this work;
Whereas, The allocation of CDBG funds in the amount of $50,000.00 for this project
was included in the FY 2002-03 Consolidated Strategy and Plan approved by City Council
on May 6, 2002 (R-176-5-02); and
Whereas, Human Rights approval was received for the contractor on February 22,
2002;
RESOLVED, That City Council approve the First Amendment to the Agreement with
Peace Neighborhood Center for rehabilitation of 1121 North Maple Rd. for an additional of
$50,000.00 of Community Development Block Grant Funds;
RESOLVED, That the Mayor and City Clerk be authorized and directed to sign the
amended agreement subject to approval as to form by the City Attorney with funds 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.
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R-312-7-02 APPROVED
RESOLUTION TO APPROVE THE TRANSFER OF A CLASS C
LIQUOR LICENSED BUSINESS
Council - July 15, 2002 17
LOCATED AT 114-118 EAST WASHINGTON STREET
D.B.A. ARBOR BREWING COMPANY
RESOLVED, That the request of the Arbor Brewing Company, LLC (d.b.a. Arbor
Brewing Company) to transfer the ownership a 2002 Class C/Brewpub licensed business,
located at 114-118 E. Washington St., from Arbor Brewing Company II, Inc. to Arbor
Brewing Company LLC., be approved; and
RESOLVED, That the expanded outdoor service area, located on city sidewalk
adjacent to 120 East Washington Street, be approved.
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R-313-7-02 APPROVED
RESOLUTION AUTHORIZING LIBERTARIAN PARTY CAUCUS
RESOLVED, That the date of August 1, 2002 be hereby approved as the official
caucus date of the Libertarian Party for the purpose of determining its candidates for the
November 5, 2002 General City Election.
The question being the foregoing Consent Agenda items as presented, on a voice vote the
Mayor declared the motion carried.
ORDINANCES - SECOND READING
24-02 APPROVED
THE CARROT WAY DEVELOPMENTS 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 10.29 acres, located at 1731 Dhu Varren Road,
from TWP (Township District) to PUD (Planned Unit Development District). (The complete
text of Ordinance 24-02 is on file in the City Clerk's Office).
Councilmember Woods moved that the ordinance be adopted at second reading.
On roll call the vote was as follows:
Yeas, Councilmembers Johnson, Upton, Reid, Carlberg, Herrell, Higgins, Easthope,
18 Council - July 15, 2002
Woods, Robinson , Mayor Hieftje, 10;
Nays, 0.
The Mayor declared the motion carried.
ORDINANCES - FIRST READING
30-02 APPROVED
FERENCZY ZONING
An Ordinance to Amend the Zoning Map Being a Part of
Chapter 55 of Title V of the Code of the City of Ann Arbor
This ordinance would change the zoning of 0.34 acre, located on Ferry and Porter Streets
(Lots 31 and 37, Westover Hills Subdivision), from TWP (Township District) to R1D (Single-
Family Dwelling District). (The complete text of Ordinance 30-02 is on file in the City
Clerk's Office).
Councilmember Carlberg moved that the ordinance be approved at first reading.
On a voice vote the Mayor declared the motion carried.
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Council - July 15, 2002 19
31-02 APPROVED
COMMUNITY ANTENNA TELEVISION SYSTEMS
An Ordinance to Repeal Chapter 32, Title II
of the Code of the City of Ann Arbor,
to Amend the Code of the City of Ann Arbor by
Adopting a New Chapter which New Chapter shall be
Designated as Chapter 32 of Title II of the Code
of the City of Ann Arbor,
and to Amend Section 1:17 of Chapter 1 of Title I
of the Code of the City of Ann Arbor
(The complete text of Ordinance 31-02 is on file in the City Clerk's Office)
Councilmember Carlberg moved that the ordinance be approved at first reading.
On a voice vote the Mayor declared the motion carried.
MOTIONS AND RESOLUTIONS
POSTPONED
RESOLUTION TO AMEND POLICIES RELATING TO
THE TRAFFIC CALMING PROGRAM
Whereas, The City's traffic calming program has been in operation since December,
1999;
Whereas, Several traffic calming projects were undertaken in 2001, of which some
are now completed;
Whereas, The administration of past projects has resulted in valuable experience to
be used in the future projects; and
Whereas, On May 7, 2001 by Resolution No. R-176-5-01, the City Council
determined the need for an annual evaluation of the traffic calming program and its further
enhancement;
RESOLVED, That Attachment "A" (on file in the City Clerk's Office), Amendment to
the Traffic Calming Program, be approved.
20 Council - July 15, 2002
Councilmember Johnson moved that the resolution be adopted.
Councilmember Johnson moved to postpone the resolution until August 5, 2002 for further
review.
On a voice vote the Mayor declared the motion carried.
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R-314-7-02 APPROVED
RESOLUTION TO APPROVE DISBURSEMENT OF
COMMUNITY EVENTS FUND
Whereas, The Council Community Events Fund Committee met and reviewed
funding requests from community groups; and
Whereas, The Ann Arbor City Council wishes to support activities that promote or
bring the community together to celebrate its richness;
RESOLVED, That the Ann Arbor City Council approve the following allocations from
the 2002-2003 Community Events Fund:
1. $3,000.00 - Ann Arbor Jaycees Summer Carnival July 3 thru July 6, 2002.
These dollars will be used to pay city costs associated with the carnival.
2. $2,000.00 - Ann Arbor Street Art Fair 2002. In support of the Art is
Everywhere Workshops.
3. $3,000.00 - Ann Arbor Blues and Jazz Festival, September 13-15, 2002.
These dollars will be used to pay city costs associated with the Festival.
RESOLVED, That the City Administrator initiate the necessary paperwork to
disburse this funding allocation.
Councilmember Higgins moved that the resolution be adopted.
On a voice vote the Mayor declared the motion carried.
****************************************************************
R-315-7-02 APPROVED
RESOLUTION TO APPROVE REVISED
Council - July 15, 2002 21
MAIN STREET COMMONS DEVELOPMENT AGREEMENT
Whereas, It has been determined that revisions to the Main Street Commons
Development Agreement, as approved by City Council on March 18, 2002, are necessary
for construction to proceed; and
Whereas, The proposed revisions have been reviewed and found acceptable by City
departments;
RESOLVED, That City Council approve the First Amendment to and Restatement of
Main Street Commons Development Agreement, substantially in the form of that attached,
dated July 1, 2002.
Councilmember Carlberg moved that the resolution be adopted.
On a voice vote the Mayor declared the motion carried.
****************************************************************
R-316-7-02 APPROVED
RESOLUTION TO ACCEPT AND APPROPRIATE FUNDS FROM THE
FY 2002 LOCAL LAW ENFORCEMENT BLOCK GRANT TO THE
ANN ARBOR POLICE DEPARTMENT
Whereas, The Ann Arbor Police Department has been awarded $87,785.00 from the
Local Law Enforcement Block Grant Program;
Whereas, It is anticipated that these funds will be utilized for departmental
equipment purchases along with overtime expenses; and
22 Council - July 15, 2002
Whereas, The required match of $9,754.00 will be expended from the Police
Department's General Fund budget;
RESOLVED, That the City Council accept this grant award amount of $87,785.00 in
a form acceptable to the City Attorney; and
RESOLVED, That the City Administrator or his designee be authorized to take all
necessary administrative action to implement these provisions and to appropriate the funds
for the life of the grant.
Councilmember Easthope moved that the resolution be adopted.
On a voice vote the Mayor declared the motion carried.
****************************************************************
R-317-7-02 APPROVED
RESOLUTION TO APPROVE ACCEPTANCE OF
US ENVIRONMENTAL PROTECTION AGENCY GRANT
AND APPROPRIATION OF FUNDS TO CONDUCT
VULNERABILITY ASSESSMENT OF THE DRINKING WATER SYSTEM
Whereas, We are required to conduct a Vulnerability Assessment and update the
Emergency Response Plan for the City's drinking water system according to the Public
Health Security and Bioterrorism Preparedness and Response Act;
Whereas, A grant in the amount of $115,000.00 is available from the US
Environmental Protection Agency (USEPA) to public water utilities serving 100,000 or more
people to perform vulnerability assessment and update emergency response plan;
Whereas, The City applied for the said grant and USEPA has offered a grant in the
amount of $115,000.00 to conduct a vulnerability assessment for the drinking water
system; and
Whereas, The City Attorney's Office and the Water Utilities Department have
reviewed the grant award;
Council - July 15, 2002 23
RESOLVED, That the City accept the USEPA grant in the amount of $115,000.00 to
conduct the vulnerability assessment of the drinking water system; and
RESOLVED, That City Council adopt the following budget and appropriate funds for
the Water Supply System for the life of the project without regard to fiscal year:
Section I, Revenue
USEPA Grant $115,000.00
Section II, Expenses
Regular Time $ 64,842.00
Fringe Benefits $ 44,658.00
Material and Supplies $ 4,000.00
Training and Conference $ 1,500.00
TOTAL $115,000.00
Councilmember Woods moved that the resolution be adopted.
On a voice vote the Mayor declared the motion carried.
****************************************************************
POSTPONED
RESOLUTION GRANTING A NON-EXCLUSIVE CABLE TELEVISION
FRANCHISE TO COMCAST CABLEVISION OF THE SOUTH, INC. TO OWN,
CONSTRUCT, RECONSTRUCT, OPERATE AND MAINTAIN A CABLE
SYSTEM WITHIN THE CITY OF ANN ARBOR, MICHIGAN
WHEREAS, After negotiations, Comcast Cablevision of the South, Inc. ("Comcast")
and the City of Ann Arbor ("City") have agreed, pursuant to applicable law, on the terms of
a new franchise agreement;
24 Council - July 15, 2002
WHEREAS, An ordinance which contains extensive amendments to Chapter 32 of
the Ann Arbor City Code, and which affects the terms and conditions under which Comcast
would provide cable service, was approved by City Council at first reading on this date and
will be further considered by City Council at a future session of City Council; and
Whereas, The Cable Commission has recommended the renewal of Comcast's
franchise under the terms and conditions specified in the new franchise agreement and the
amendments to the City Code cited above;
RESOLVED, That the City Council grant Comcast a franchise to own, construct,
reconstruct, operate and maintain a cable system along the public rights-of-way within the
City of Ann Arbor for the purpose of providing cable service, subject to the terms and
conditions of the Franchise Agreement (on file in the City Clerk's Office) and to the
provisions and requirements of Chapter 32 of the City Code, as it may from time to time be
amended;
RESOLVED, That the effective date of the Franchise Agreement shall not be before
the effective date of the amendments to Chapter 32 of the Ann Arbor City Code now being
considered by City Council;
RESOLVED, That the Mayor and City Clerk be authorized to execute the Franchise
Agreement between the City and Comcast after approval as to form by the City Attorney;
RESOLVED, That the City Administrator be authorized to take the necessary
administrative actions to implement this resolution; and
RESOLVED, That this grant of a franchise shall be null and void if Comcast does not
execute the attached Franchise Agreement within sixty days after the date of this
resolution.
Councilmember Higgins moved that the resolution be adopted.
Councilmember Upton moved to postpone the resolution until August 5, 2002 for further
review.
On a voice vote the Mayor declared the motion carried.
****************************************************************
POSTPONED
RESOLUTION TO APPROVE THE 2002 CHANGE OF CONTROL
AGREEMENT REGARDING THE CHANGE OF CONTROL OF
Council - July 15, 2002 25
COMCAST CABLEVISION OF THE SOUTH, INC.,
TO AT&T COMCAST CORPORATION
Whereas, Comcast Cablevision of the South, Inc., currently holds a cable franchise
from the City subject to the Cable Television Franchise Agreement Between City of Ann
Arbor and Ann Arbor Cablevision, Inc. dated February 7, 1980 ("Cable Television Franchise
Agreement"), as assigned and modified by Clarification of Franchise Agreement and
Approval of Assignment To Columbia Associates, L.P., dated October 1, 1985, and revised
February 22, 1993, as modified by Consent Agreement between the City and Columbia
Associates, L.P., dated June 2, 1992, as transferred to Continental Cablevision by Transfer
Consent Agreement dated April 3, 1995, as transferred to U.S. West Inc., by Transfer
Agreement dated January 23, 1997, with a change of name from Continental Cablevision of
Eastern Michigan, Inc., to MediaOne of Eastern Michigan, Inc., on April 28, 1997, as
modified by the 1999 Agreement among the City, MediaOne of Eastern Michigan, Inc.,
MediaOne Group, Inc., Meteor Acquisition, Inc., AT&T Corporation, and MediaOne of
Delaware, Inc., as transferred to Comcast Cablevision of the South, Inc., by the 2000
Transfer Agreement dated December 18, 2000 ("2000 Agreement"), and to Ch. 32 of the
City of Ann Arbor Code ("Franchise Ordinance"), all of which documents other than the
2000 Agreement, including the Franchise Ordinance, as any of them may lawfully be or
may have been amended from time to time, collectively referred to as the "Franchise
Documents";
Whereas, Comcast Corporation ("Comcast") is currently the ultimate parent of
Grantee;
Whereas, Pursuant to an Agreement and Plan of Merger dated December 19, 2001
(the "Merger Agreement"), control of Comcast Cablevision of the South, Inc., will be
transferred to AT&T Comcast (the "Proposed Transaction");
Whereas, Section 2:122 of the Franchise Ordinance provides that the prior approval
of the City is required for the Proposed Transaction;
Whereas, On or about March 4, 2002, AT&T Comcast and Grantee filed an FCC
Form 394 pursuant to the 1992 Cable Act and FCC regulations, and requested that the City
approve the Proposed Transaction (the "Application");
Whereas, The Companies have subsequently provided certain additional
information;
Whereas, The City has reviewed the Application and followed all required
procedures to consider and act upon the Application;
Whereas, The City's cable franchise is currently scheduled to expire on December
26 Council - July 15, 2002
31, 2002, and the City and Grantee have reached agreement on the terms and conditions
under which a renewal franchise may be granted to Grantee, as reflected in the new
franchise agreement ("New Franchise Agreement") and City Code amendments that have
been placed before the City Council ("New Franchise Documents");
Whereas, The rights and obligations of the City and the Grantee under the Franchise
Documents will expire and be of no continuing force on the effective date of the New
Franchise Documents, unless otherwise expressly noted in the New Franchise Agreement;
Whereas, Grantee has agreed to comply with the obligations of the Franchise
Documents (prior to the date the New Franchise Documents are effective) or the New
Franchise Documents (on or after the date the New Franchise Documents become
effective); and
Whereas, Relying on the representations made by Grantee or affiliated companies in
the Application and in supplemental material provided thereto, the City is willing to grant its
consent to the Application, as long as such representations are complete and accurate, and
subject to such conditions as may be necessary to protect against harm to the City and to
the public, each of which is set forth herein;
RESOLVED, That the City consent to and approve the 2002 Change of Control
Agreement regarding a change of control of the cable television franchise held by Comcast
Cablevision of the South, Inc., subject to the terms and conditions specified in the 2002
Change of Control Agreement, and subject to Grantee's execution of the renewal Franchise
Agreement adopted by the City Council on August 5, 2002; and
RESOLVED, That the Mayor and City Clerk be authorized to execute said 2002
Change of Control Agreement after approval as to substance by the City Administrator and
approval as to form by the City Attorney.
Councilmember Higgins moved that the resolution be adopted.
Councilmember Upton moved to postpone the resolution until August 5, 2002 for further
review.
On a voice vote the Mayor declared the motion carried.
****************************************************************
POSTPONED
RESOLUTION TO GRANT A HARDSHIP EXEMPTION FROM THE
LIVING WAGE ORDINANCE TO THE ANN ARBOR
Council - July 15, 2002 27
SUMMER FESTIVAL UNTIL JUNE 2005
Whereas, The Ann Arbor City Council adopted the Living Wage Ordinance (Chapter 23) on
March 5, 2001;
Whereas, The Living Wage Ordinance was adopted, in part, to "use City spending to
encourage the development of jobs paying wages above the poverty level; and to "raise the
income of low-income working people and their families employed by covered employers
on City contracts and grants";
Whereas, The Ordinance provides for "hardship exemptions for certain non-profit
employers";
Whereas, The Ann Arbor Summer Festival has demonstrated its commitment to
paying its employees a living wage; and
Whereas, The Ann Arbor Summer Festival is committed to complying with the living
wage within three years;
RESOLVED, That the Ann Arbor City Council approve the hardship exemption
request made by the Ann Arbor Summer Festival.
Councilmember Higgins moved that the resolution be adopted.
Councilmember Higgins moved to postpone the resolution until August 5, 2002 for further
review.
On a voice vote the Mayor declared the motion carried.
****************************************************************
R-318-7-02 APPROVED
RESOLUTION AUTHORIZING A NEW ADMINISTRATIVE
STRUCTURE FOR THE CITY OF ANN ARBOR
Whereas, The Ann Arbor City Council wishes to reduce and control the costs of
providing municipal services;
Whereas, There are significant, unfounded capital needs including a new
maintenance facility and remodeling or replacement of City Hall;
Whereas, This Council anticipates very little growth in the General Fund revenues
28 Council - July 15, 2002
from property tax or other sources;
Whereas, The City Council has directed the City Administrator to define a strategy to
address these fiscal and management issues; and
Whereas, The City Administrator has presented to City Council an organization plan
intended to develop and implement strategies to provide long-term improvements in the
management and operation of City services;
RESOLVED, That the organizational plan depicted by the conceptual diagram (on
file in the City Clerk's Office) and recommended by the City Administrator be approved for
implementation; and
RESOLVED, That the City Attorney be directed to work with the City Administrator to
prepare appropriate policy changes to implement this plan.
Councilmember Higgins moved that the resolution be adopted.
On roll call the vote was as follows:
Yeas, Councilmembers Johnson, Upton, Reid, Carlberg, Herrell, Higgins, Easthope,
Woods, Robinson, Mayor Hieftje, 10;
Nays, 0.
The Mayor declared the motion carried.
****************************************************************
R-319-7-02 APPROVED
RESOLUTION TO ACCEPT BOARD OF
INSURANCE ADMINISTRATION MINUTES OF JULY 9 AND 10, 2002
AND TO AUTHORIZE PAYMENTS
RESOLVED, That the attached Board of Insurance Administration Minutes of July 9
and 10, 2002, be accepted and that the recommended courses of action therein, including
payments, be authorized.
MINUTES
July 9, 2002
CITY OF ANN ARBOR BOARD OF INSURANCE ADMINISTRATION
Council - July 15, 2002 29
Present: Chris Easthope - Councilperson
Karen Lancaster, Interim Treasurer
James Armstrong - Risk Manager
Abigail Elias - City Attorney
Joseph Upton - Councilperson
CLAIMS DENIED:
CLAIMS APPROVED:
CC256-00/CC116-98 Howard Andrews
Discussed by William Stapleton, outside counsel
Board approved settlement authority
CLAIMS TABLED:
OTHER AGENDA ITEMS DISCUSSED:
MINUTES
JULY 10, 2002
CITY OF ANN ARBOR BOARD OF INSURANCE ADMINISTRATION
Present: Chris Easthope - Councilperson
Karen Lancaster - Interim Treasurer
James Armstrong - Risk Manager
Marilyn Mack - Claims Specialist
Alvan Knot - Assistant City Attorney
CLAIMS DENIED:
CLAIMS APPROVED:
CC03-01 Martin Skura
Discussed by Alvan Knot, Asst. City Attorney
Board approved action relative to the recommendation of the Washtenaw
County evaluation panel
30 Council - July 15, 2002
CLAIMS TABLED:
OTHER AGENDA ITEMS DISCUSSED:
Prepared by:
Marilyn C. Mack, Claims Specialist
7/10/02
Councilmember Easthope moved that the resolution be adopted.
On a voice vote the Mayor declared the motion carried.
****************************************************************
Council - July 15, 2002 31
R-320-7-02 APPROVED
RESOLUTION TO APPROVE ACCEPTANCE OF A CORE CITIES GRANT
FOR THE MICHIGAN INFORMATION TECHNOLOGY CENTER
Whereas, The City of Ann Arbor has been chosen to receive a $10,000,000.00 Core
Cities grant on behalf of the Michigan Information Technology Center, to be provided by the
Michigan Economic Development Corporation; and
Whereas, The City of Ann Arbor will receive these funds as a "pass through agent"
to facilitate the establishment of the Michigan Information Technology Center;
RESOLVED, That City Council accept the grant from the MEDC for the Michigan
Information Technology Center and authorize the Mayor and City Administrator to execute
the agreement (on file in the City Clerk's Office).
Councilmember Upton moved that the resolution be adopted.
Councilmember Herrell moved to postpone the resolution until August 5, 2002 for further
review.
On roll call the vote was as follows:
Yeas, Councilmember Herrell, 1;
Nays, Councilmembers Johnson, Upton, Reid, Carlberg, Higgins, Easthope, Woods,
Robinson, Mayor Hieftje, 9.
The Mayor declared the motion failed.
The question being the resolution as originally presented, on a voice vote the Mayor
declared the motion carried.
****************************************************************
32 Council - July 15, 2002
R-321-7-02 APPROVED
RESOLUTION TO APPROVE ACCEPTANCE OF ANN ARBOR/YPSILANTI
SMART ZONE BUSINESS ACCELERATOR GRANT
Whereas, City Council previously approved Resolution No. R-303-7-02 approving an
application for the Ann Arbor/Ypsilanti Smart Zone Business Accelerator grant; and
Whereas, The Michigan Economic Development Council (MEDC) has approved the
City's grant application;
RESOLVED, That the City Council accept the grant from the MEDC for the Ann
Arbor/Ypsilanti Smart Zone Business Accelerator and authorizes the Mayor and City
Administrator to execute the grant agreement.
Councilmember Carlberg moved that the resolution be adopted.
On a voice vote the Mayor declared the motion carried.
****************************************************************
R-322-7-02 APPROVED
RESOLUTION DESIGNATING THE LOCAL DEVELOPMENT
FINANCE AUTHORITY DISTRICT BOUNDARIES
Whereas, The City of Ann Arbor, Michigan (The "City or "Ann Arbor"), is a
municipality authorized by the provisions of Act 281, Public Acts of Michigan, 1986, as
amended (PA 281) to create the multi-jurisdictional Ann Arbor/Ypsilanti Smart Zone Local
Development Finance Authority (the "Authority") with the City of Ypsilanti ("Ypsilanti"); and
Whereas, Pursuant to PA 281, the City Council of the City of Ann Arbor (The "City
Council") desires to proceed with the establishment of such a district; and
Whereas, Pursuant to PA 281, a public hearing was conducted on February 19,
2002, not less than 60 days prior to the date of this resolution to consider the adoption of
this resolution creating the Multi-jurisdictional Ann Arbor/Ypsilanti Smart
Zone Local Development Finance Authority and designation of the boundaries of the
Authority District in which the Authority will exercise its powers;
RESOLVED, That the property described in Exhibit A (on file in the City Clerk's
Office) be designated as the Local Development Finance Authority District.
Council - July 15, 2002 33
Councilmember Higgins moved that the resolution be adopted.
On a voice vote the Mayor declared the motion carried.
****************************************************************
R-323-7-02 APPROVED
RESOLUTION TO APPOINT LOCAL DEVELOPMENT FINANCE
AUTHORITY BOARD
Whereas, The City of Ann Arbor established a Local Development Finance Authority,
in conjunction with the City of Ypsilanti, at a joint meeting of both cities on June 27, 2002;
and
Whereas, The Local Development Finance Authority shall consist of six (6) members
from the City of Ann Arbor and appointed by the City Council, and three (3) members, who
were appointed on July 2, 2002 from the City of Ypsilanti;
RESOLVED, That the Ann Arbor City Council approve the following four (4)
appointments to the Local Development Finance Authority Board based on the terms
established in the approved Agreement between the City of Ann Arbor and the City of
Ypsilanti, County of Washtenaw, Michigan:
Michael Reid to a term ending June 30, 2003
Christopher Easthope to a term ending June 30, 2003
Marilyn (Mickey) Katz-Pek to a term ending June 30, 2004
Robin Risser to a term ending June 30, 2005; and
RESOLVED, That the City Clerk forward these names to Susan Lackey of the
Washtenaw Development Council and be the organization providing administrative support
to this Board.
Councilmember Higgins moved that the resolution be adopted.
On a voice vote the Mayor declared the motion carried.
****************************************************************
R-324-7-02 APPROVED
RESOLUTION APPOINTING THE CITY ADMINISTRATOR
34 Council - July 15, 2002
AS FIRE CHIEF
Whereas, The position of Fire Chief has been vacant for several months;
Whereas, The City Administrator has engaged an executive search firm to conduct a
national search for a new Fire Chief; and
Whereas, The best interests of the city will be served by the appointment of the City
Administrator as Fire Chief pending the successful completion of the national search;
RESOLVED, That City Administrator Roger Fraser shall serve as Chief of the Fire
Department until a new Fire Chief is hired and begins employment.
Councilmember Easthope moved that the resolution be adopted.
On roll call the vote was as follows:
Yeas, Councilmembers Johnson, Upton, Reid, Carlberg, Herrell, Higgins, Easthope,
Woods, Robinson, Mayor Hieftje, 10;
Nays, 0.
The Mayor declared the motion carried.
REPORTS FROM COUNCIL COMMITTEES
None.
COUNCIL PROPOSED BUSINESS
None.
COMMUNICATIONS FROM THE MAYOR
ANNOUNCEMENTS
× Mayor Hieftje congratulated the Parks Department and everyone in the city who
participated in Huron River Day.
Council - July 15, 2002 35
× The Mayor is still holding lunch on Mondays at 12 noon at Liberty Plaza. All are
welcome to attend.
APPOINTMENT APPROVED
Mayor Hieftje recommended the following appointment at the July 1,2002 regular session of
Council:
Downtown Development Authority
Ronald K. Dankert (Re-appointment)
208 E. Washington St.
Ann Arbor, MI 48104
Term: August 1, 2002 - July 31, 2006
Councilmember Carlberg moved that Council concur with the recommendation of the
Mayor.
On a voice vote the Mayor declared the motion carried.
NOMINATION PLACED ON TABLE
Mayor Hieftje placed the following nomination on the table for approval at a later date:
36 Council - July 15, 2002
Planning Commission
Braxton Blake
2209 Stellar Road
Ann Arbor, Mi 48105
Term: August 5, 2002 - June 30, 2005
COMMUNICATIONS FROM THE CITY ADMINISTRATOR
REPORTS SUBMITTED
City Administrator Roger Fraser submitted the following reports for information of Council:
1. Memorandum Regarding City Planning Commission/Department Work Program for
FY 2002-2003 - Planning Commission
2. Information Regarding Carrot Way Developments PUD - Planning
3. Northeast Area Park Plan Status - Parks and Recreation
4. Impact on Overtime at Wastewater Treatment Plan (WWTP) due to staffing and shift
schedule changes - Water Utilities
(Reports on file in the City Clerk's Office)
City Administrator Roger Fraser reported to Council that a firm by the name of the
Mullen Group will help with the analysis of the city's support systems. Mr. Fraser will
assess how well the Human Resources Department is functioning, the financial
reporting system and what has been done to develop the budget. Mr. Jim Mullen
will help with this process.
Council - July 15, 2002 37
COMMUNICATIONS FROM THE CITY ATTORNEY
REPORT ON COMPLETED ANNEXATION
City Attorney Abigail Elias submitted report on the following completed annexation:
1. Ferenczy property, 0.34 acre, Ferry and Porter Streets (Lots 31 and 37, Westover
Hills Subdivision), from Scio Township.
(Report on file in the City Clerk's Office)
COMMUNICATIONS FROM COUNCIL
COUNCILMEMBER JOHNSON
Councilmember Johnson asked if information can be obtained on why a stop sign was
taken out on Dhu Varren Road and now cannot be put back in place.
COUNCILMEMBER EASTHOPE
Councilmember Easthope asked for information about applying for various waivers from the
city for the Ann Arbor Blues and Jazz Festival. The festival is interested in obtaining
waivers for this event.
COUNCILMEMBER HIGGINS
Councilmember Higgins requested follow up regarding money collected and held at the Ann
Arbor Community Foundation. The Commission on Art in Public Places raised money
which is deposited there and the Energy Commission has money there as well. Someone
from the city was going to look at whether the city is accountable for that money. She
asked that the subject be added back to the administrator's list.
CLERK'S REPORT OF COMMUNICATIONS, PETITIONS AND REFERRALS
The following communications were referred as indicated:
1. Communication from Cathy Robinson, executive Director of Hope Clinic, regarding
the Food Gatherers Proposal - Planning
2. Communication from Gopal and Indu Prasad regarding the Carrot Way Rezoning -
38 Council - July 15, 2002
Planning
3. Communication from Timothy & Monica Faley regarding the Carrot Way Rezoning -
Planning
4. Communication from Jinming Zhang regarding the Carrot Way Rezoning - Planning
5. Communication from Chung-Hsing Kuo regarding the Carrot Way Rezoning -
Planning
The following minutes were received for file:
1. Downtown Development Authority - May 1, 2002.
2. Ann Arbor Housing Commission - May 15, 2002.
3. Zoning Board of Appeals - May 22, 2002.
Councilmember Johnson moved that the Clerk's Report be accepted.
On a voice vote the Mayor declared the motion carried.
PUBLIC COMMENTARY - GENERAL
JIM MOGENSEN - CITY COUNCIL PROCEEDINGS
Jim Mogensen, resident of Ann Arbor, expressed concern about council proceedings as it
relates to the published agenda.
Council - July 15, 2002 39
ADJOURNMENT
There being no further business to come before Council, it was moved by Councilmember
Easthope that the meeting be adjourned.
On a voice vote the Mayor declared the motion carried and the meeting adjourned at 12:57
a.m.
Yvonne Carl
Interim Clerk of the Council
Anissa R. King
Recording Secretary