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 June 4, 2007 Council Packet 

 

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ANN ARBOR CITY COUNCIL AGENDA  

REGULAR SESSION  
MONDAY, JUNE 4, 2007,  7:00  P.M.
GUY C. LARCOM, MUNICIPAL BUILDING
100 N. FIFTH AVENUE, ANN ARBOR, MICHIGAN 48107

PLEDGE OF ALLEGIANCE
ROLL CALL OF COUNCIL - 11 Present, 0 Absent
APPROVAL OF AGENDA - approved with changes
INTRO - INTRODUCTIONS
Intro-1 Golden Paintbrush Awards
PUBLIC COMMENTARY - RESERVED TIME (3 MINUTES PER SPEAKER)
  • (SPEAKERS ARE NOT PERMITTED TO GRANT THEIR RESERVED TIME TO AN ALTERNATE SPEAKER)
  • ACCOMMODATIONS HAVE BEEN MADE FOR PERSONS NEEDING ASSISTANCE WHILE ADDRESSING COUNCIL

1.  Glen Thompson - Design and Services Contract for Farmers Market
     (DS-2)
2.  Dan Pugh - Dog Park (C-3)
3.  David Lieber - Dog Park (C-3)
4.  Thomas Partridge - Build a 21st entury Great Society in Michigan.  
     Enact fair Progressive Tax and Budget Policies in Ann Arbor and 
     the State of Michigan.
5.  Michael Anglin - Farmers Market Renovation (DS-2)
6.  Marcia Federbush - Sanctioning/Divestment Boycotting Israel

PH - PUBLIC HEARINGS (3 MINUTES PER SPEAKER)
PH-1 Zaragon Place Site Plan and Development Agreement, 0.35 Acre, 619 East University Avenue (Continued from the 5/7/07 Regular Session) (See DB-1) Closed
PH-2 An Ordinance to Amend Chapter 55, Rezoning of 2.23 Acres from PUD (Planned Unit Development) to Revised PUD, Malletts View Office Center, 385 East Eisenhower Parkway (Ordinance No. 2-07) (See B-1) Closed

PH-3

Malletts View Office Center PUD Site Plan and Development Agreement, 2.34 Acres, 385 East Eisenhower Parkway (See DB-3) Closed
PH-4 An Ordinance to Amend Chapter 55, Rezoning of 4.65 Acres from UNZ (Unzoned) to R4B (Multiple-Family Dwelling District), Liberty Place Condominiums, Northeast Corner of West Liberty Road and I-94 (Ordinance No. 10-07) (See B-2) Closed
PH-5 Resolution to Approve Liberty Place Condominiums Planned Project Site Plan and Development Agreement, 4.65 Acres, Northeast Corner of West Liberty Road and I-94 (See DB-2) Closed
PH-6 An Ordinance to Amend Sections 5:10.12 and 5:10.15 of Chapter 55 (Zoning) of Title V of the Code of the City of Ann Arbor regarding Regulations for Special Events Temporary Outdoor Sales (Ordinance No. 12-07) (See B-3) Closed
PH-7 Standard Taximeter Rates Fee Increase (See DC-4) Item removed from Agenda and Public Hearing Cancelled 6/4/07
COUNCIL PROPOSED BUSINESS

COUNCILMEMBER KUNSELMAN

COMMUNICATIONS FROM COUNCIL

COUNCILMEMBER HIGGINS

  • Request that staff contact the Friends of Dicken Woods regarding large growths of Poison Ivy.
REPORTS FROM COUNCIL COMMITTEES
A - APPROVAL OF COUNCIL MINUTES
A-1 Regular Session of May 21, 2007 - Approved with changes
CA - CONSENT AGENDA
CA-1 Resolution to Approve a Construction Contract with LaVant Landscape and Construction Services, Inc. for Concrete and Fencing Work at Buhr Park Pool Building - Bid #3847, in the Amount of $32,065.35 and to Establish a Construction Budget of $35,265.35 (Parks and Recreation Services - Jayne Miller, Community Services Area Administrator) Approved - Resolution No. R-202-6-07
CA-2 Resolution to authorize Professional Services Agreements with Orchard, Hiltz & McCliment, Inc. $85,000.00, Perimeter Engineering LLC, $85,000.00, and Wade-Trim Associates, Inc. $85,000.00 for General Civil and Traffic Engineering, and Project Management Services (Project Management – Sue F. McCormick, Public Services Area Administrator) Approved - Resolution No. R-203-6-07
CA-3 Resolution to Award a Construction Contract to Scodeller Construction Inc. (Bid No. 3846 – Division II, $32,450.00) for Routing and Sealing Asphalt Bike Paths (Project Management – Sue F. McCormick, Public Services Area Administrator) Approved - Resolution No. R-204-6-07
CA-4 Resolution to Award a Construction Contract to Scodeller Construction Inc. (Bid No. 3846 – Division III, $32,225.00) for Polymerized Emulsion Pavement Repair of Major and Local City Streets (Field Operations - Sue F. McCormick, Public Services Area Administrator) Approved - Resolution No. R-205-6-07
CA-5 Resolution Authorizing Water Improvement Charge for 3330 Geddes Road ($2,167.13) (Public Services - Sue F. McCormick, Area Administrator) Approved - Resolution No. R-206-6-07
CA-6 Resolution Authorizing Sanitary Sewer and Water Improvement Charges for 2658 W. Liberty, Liberty Pines Development ($7,895.58) (Public Services - Sue F. McCormick, Area Administrator) Approved - Resolution No. R-207-6-07
CA-7 Resolution Authorizing Sanitary Sewer and Water Improvement Charges for 1843 Robert Street ($9,964.51) (Public Services - Sue F. McCormick, Area Administrator) Approved - Resolution No. R-208-6-07
CA-8 Resolution Authorizing Sanitary Sewer and Water Improvement Charges for 3788 Platt Road ($11,363.21) (Public Services - Sue F. McCormick, Area Administrator) Approved - Resolution No. R-209-6-07
CA-9 Resolution to Approve a Purchase Order Contract with Argus/Hazco for a Mobil Breathing Air Compressor/Fill Station at Fire Station One ($88,742.00) (Fire Safety Services - Barnett Jones, Safety Services Area Administrator) Approved - Resolution No. R-210-6-07
CA-10 Resolution to Approve a Contract with Washtenaw County for Single Family Rehabilitation Intake, Relocation and Down Payment Assistance Services for the Office of Community Development (Not to Exceed $35,000.00) (Community Development - Jayne Miller, Community Services Area Administrator) Approved - Resolution No. R-211-6-07
B - ORDINANCES - SECOND READING
B-1 Amendment to Chapter 55, Rezoning of 2.34 Acres from PUD (Planned Unit Development) to Revised PUD, Malletts View, 385 East Eisenhower Parkway (Planning Commission Recommendation: Approval – Motion to Approve Passed 7 Yeas and 2 Nays) (Ordinance No. 2-07) (Planning and Development Services - Jayne Miller, Community Services Area Administrator) (See PH-2) Approved - Ordinance No. 2-07; Published 6/10/07; Effective 6/20/07
B-2 An Ordinance to Amend Chapter 55, Rezoning of 4.65 Acres from UNZ (Unzoned) to R4B (Multiple-Family Dwelling District), Liberty Place Condominiums, Northeast Corner of West Liberty Road and I-94 (Ordinance No. 10-07) (Planning Commission Recommendation: Approval – Motion to Approve Passed, 7 Yeas and 0 Nays) (Planning and Development Services - Jayne Miller, Community Services Area Administrator) (See PH-4) Approved - Ordinance No. 10-07; Published 6/10/07; Effective 6/20/07
B-3 An Ordinance to Amend Sections 5:10.12 and 5:10.15 of Chapter 55 (Zoning) of Title V of the Code of the City of Ann Arbor regarding Regulations for Special Events Temporary Outdoor Sales (Ordinance No. 12-07) (Planning Commission Recommendation: Approval – Motion to Approve Passed, 8 Yeas and 0 Nays) (Planning and Development Services - Jayne Miller, Community Services Area Administrator) (See PH-6) (Will be heard together with Summary Publication Resolution No. 12-07; See below) Approved - Ordinance No. 12-07; Published 6/10/07; Effective 6/20/07
DS-1 Resolution Authorizing Summary Publication of Ordinance No. 12-07 – An Ordinance to Amend Sections 5:10.12 and 5:10.15 of Chapter 55 (Zoning) of Title V of the Code of the City of Ann Arbor regarding Regulations for Special Events Temporary Outdoor Sales (Will be heard together with Ordinance No. 12-07; See above) Approved - Resolution No. R-212-6-07
C - ORDINANCES - FIRST READING
C-1 Amendment to Chapter 55, Zoning of 1.13 Acres from TWP (Township District) to C1B (Community Convenience Center), Schultz Property, 2340 Dexter Avenue (Planning Commission Recommendation: Approval – Motion to Approve Passed, 8 Yeas and 0 Nays) (Planning and Development Services - Jayne Miller, Community Services Area Administrator) Approved - Ordinance No. 14-07; Public Hearing Scheduled 7/2/07
C-2 Amendment to Chapter 55, Zoning of 3.52 Acres from TWP (Township District) to R1A (Single-Family Dwelling District), Champley Property, 788 Arlington Boulevard (Planning Commission Recommendation: Motion to Approve Failed – 5 Yeas and 2 Nays) (Planning and Development Services - Jayne Miller, Community Services Area Administrator) Approved - Ordinance No. 15-07; Public Hearing Scheduled 7/2/07
C-3 An Ordinance to Amend Sections 9:45 and 9:47 (Animals) of Chapter 107 of Title IX of the Code of the City of Ann Arbor to Provide Dog Play Areas in City Parks (Parks and Recreation - Jayne Miller, Community Services Area Administrator) Approved as amended - Ordinance No. 16-07; Public Hearing Scheduled 6/18/07
C-4 An Ordinance to Repeal Existing Chapter 33 and Replace it With a New Chapter 33 (Stormwater System) of Title II of the Code of the City of Ann Arbor (Public Services - Sue F. McCormick, Area Administrator) Approved - Ordinance No. 17-07; Public Hearing Scheduled 6/18/07
C-5 An Ordinance to Amend Chapter 29 (Increase Water, Sewer and Stormwater Rates) of Title II of the Code of the City of Ann Arbor (Public Services - Sue F. McCormick, Area Administrator) Approved - Ordinance No. 18-07; Public Hearing Scheduled 6/18/07
C-6 An Ordinance to Amend Various Sections of Chapter 27 (Water Service) of Title II of the Code of the City of Ann Arbor (Public Services - Sue F. McCormick, Area Administrator) Approved - Ordinance No. 19-07; Public Hearing Scheduled 6/18/07
D - MOTIONS AND RESOLUTIONS
Old Business - Council:
DC-1 Resolution: Drinking Tap Water is Thinking Green (Councilmember Higgins and Teall) (Postponed from the 5/7/07 Regular Session) Approved as amended - Resolution No. R-213-6-07
New Business - Council:
DC-2 Resolution Recognizing Lakewood Elementary PTO as a Civic Nonprofit Organization Operating in Ann Arbor for the Purpose of Obtaining a Charitable Gaming License (Councilmember Woods and Easthope) Approved - Resolution No. R-214-6-07
Added After Newspaper Deadline:
DC-3

Resolution to Approve Free Bicycle Registration during Bike Fest at the Mayor’s Green Fair on June 15, 2007 (Mayor Hieftje) (Added 6/1/07) Approved – Resolution No. R-215-6-07

DC-4 Resolution Approving an Increase in the Standard Taximeter Rates for the City of Ann Arbor (Councilmember Teall) (Added 6/1/07) (Deleted 6/4/07)
DC-5

Resolution to Cease the Increase of Speed Limits on Ann Arbor Streets (Councilmembers Woods and Easthope) (Added 6/4/07) Approved – Resolution No. R-216-6-07

DC-6

Resolution Regarding the State of Michigan Budget Crisis (Councilmembers Greden and Teall) (Added 6/4/07) Approved – Resolution No. R-217-6-07

New Business - Boards and Commissions:
DB-1 Resolution to Approve Zaragon Place Site Plan and Development Agreement, 0.35 Acre, 619 East University Avenue (Planning Commission Recommendation: Motion to Approve Failed – 0 Yeas and 8 Nays) (Planning and Development Services - Jayne Miller, Community Services Area Administrator) (See PH-1) Approved as amended - Resolution No. R-218-6-07
DB-2 Resolution to Approve Liberty Place Condominiums Planned Project Site Plan and Development Agreement, 4.65 Acres, Northeast Corner of West Liberty Road and I-94 (Planning Commission Recommendation: Approval – Motion to Approve Passed, 7 Yeas and 0 Nays) (Planning and Development Services - Jayne Miller, Community Services Area Administrator) (See PH-5) (Deleted 5/29/07)
DS-21 Resolution to Approve the Sale of City-Owned Property Located Adjacent to 385 E. Eisenhower Parkway to JAG EISENHOWER, L.L.C. for the Malletts View Office Center Development and to Revoke Resolution R-481-11-98 Regarding the Proceeds from the Sale of Excess City Land (8 votes required) (Attorney Services - Stephen Postema, City Attorney) (To be considered before the Malletts View Office Center PUD Site Plan and Development Agreement; See Below) Approved as amended- Resolution No. R-219-6-07
DB-3 Resolution to Approve Malletts View Office Center PUD Site Plan and Development Agreement, 2.34 Acres, 385 East Eisenhower Parkway (CPC Recommendation: Approval – 7 Yeas and 2 Nays) (See PH-3) Approved - Resolution No. R-220-6-07
Old Business - Departmental:
DS-2 Resolution to Approve a Professional Services Contract with Beckett & Raeder, Inc. in the Amount of $99,440.00 for the Farmers Market Renovation and Expansion per RFP No. 652, Establish a Total Project Budget of $109,384.00, Accept a $36,461.33 Grant from the DDA to the Park Rehabilitation and Development Millage Budget, Transfer $36,461.33 from the Market Fund Fund Balance to the Park Rehabilitation and Development Millage Budget, and Appropriate $109,384.00 from the Park Rehabilitation and Development Millage Budget to the Farmers Market Master Plan Project Budget (8 Votes Required) (Parks and Recreation - Jayne Miller, Community Services Area Administrator) (Postponed from the 5/7/07 Regular Session) Approved - Resolution No. R-221-6-07
New Business - Departmental:
DS-3 Resolution to Approve a Professional Services Agreement with GeoTrans, Inc. ($304,176.00, $101,392.00/year) and Approve a Consulting Services Contingency Amount ($45,627.00) for the Ann Arbor Landfill Monitoring and Maintenance Program (Environmental Coordination Services – Sue F. McCormick, Public Services Area Administrator) Approved - Resolution No. R-222-6-07
DS-4 Resolution to Amend an Agreement with Greeley and Hansen, LLC for the Residuals Handling Improvements Project at the Wastewater Treatment Plant, RFP No. 601 ($198,300.00) (Waste Water Treatment Services – Sue F. McCormick, Public Services Area Administrator) Approved - Resolution No. R-223-6-07
DS-5 Resolution to Award a Construction Contract to Strawser Inc. (Bid No. 3846 – Division I, $176,250.00) for Overband Crack Sealing (Field Operations - Sue F. McCormick, Public Services Area Administrator) Approved - Resolution No. R-224-6-07
DS-6 Resolution to Award a Construction Contract to Scodeller Construction Inc. (Bid No. 3845, $164,250.00) for Concrete Street Crack Sealing and Partial Depth Repairs (Field Operations - Sue F. McCormick, Public Services Area Administrator) Approved - Resolution No. R-225-6-07
DS-7 Resolution to Appropriate Funds and Approve the Purchase of Four Police Motorcycles from American Harley Davidson and Buell, Inc. ($56,340.00) (8 votes Required) (Public Services - Sue F. McCormick, Area Administrator) Approved - Resolution No. R-226-6-07
DS-8 Resolution to Approve Payment No. 2 of 3 to Electronic Data Systems Corporation for Microsoft Enterprise Agreement for Fiscal Year 2006-2007 ($210,853.00) (Information Technology Services – Tom Crawford - Chief Financial Officer) Approved - Resolution No. R-227-6-07
DS-9 Resolution to Approve 2007-08 Planning Fee Increases for Planning and Development Services (Planning and Development Services - Jayne Miller, Community Services Area Administrator) Approved - Resolution No. R-228-6-07
DS-10 Resolution to Approve Street Closings for the Tortoise & Hare 5K Run/Walk and Kid’s Dash - Wednesday, July 4, 2007 (Community Services - Jayne Miller, Community Services Area Administrator) Approved - Resolution No. R-229-6-07
DS-11 Resolution to Approve Street Closings for the 2007 Rolling Sculpture Car Show – Friday, July 13, 2007 (Community Services - Jayne Miller, Community Services Area Administrator) Approved - Resolution No. R-230-6-07
DS-12 Resolution to Approve Street Closing for the 2nd National Chapman Stick Festival - Saturday, July 14, 2007 (Community Services – Jayne Miller, Community Services Area Administrator) Approved - Resolution No. R-231-6-07
DS-13 Resolution to Approve Street and Sidewalk Closings for the 2007 Ann Arbor Turkey Trot Running Event – Thursday, November 22, 2007 (Community Services - Jayne Miller, Community Services Area Administrator) Approved - Resolution No. R-232-6-07
DS-14 Resolution to Close Street for the Townie Street Party, a Kick-Off to the Ann Arbor Art Fairs - Monday, July 16, 2007 (Community Services - Jayne Miller, Community Services Area Administrator) Approved - Resolution No. R-233-6-07
DS-15 Resolution to Close Maynard Street for the Stanford Lipsey Student Publications Building Dedication – Friday, October 26, 2007 (Community Services - Jayne Miller, Community Services Area Administrator) Approved - Resolution No. R-234-6-07
DS-16 Resolution to Close Streets for the 7th Annual Mayor’s Green Fair-Environmental/Energy Fair - Friday, June 15, 2007 (Community Services - Jayne Miller, Community Services Area Administrator) Approved - Resolution No. R-235-6-07
DS-17 Resolution to Approve Street Closings for the 2007 Ann Arbor Art Fair - July 17, 2007 at 7:00 A.M. through July 22, 2007 at 12:00 P.M. (Community Services - Jayne Miller, Community Services Area Administrator) Approved - Resolution No. R-236-6-07
DS-18 Resolution Accepting Utility Easement from Moriah Properties, L.L.C. (3200 Eisenhower Parkway) (8 Votes Required) (Attorney Services - Stephen Postema, City Attorney) Approved - Resolution No. R-237-6-07
DS-19 Resolution to Approve Legal Services Contract with Dykema Gossett, PLLC for Broadway Village at Lower Town Project (8 Votes Required) (Attorney Services - Stephen Postema, City Attorney) Approved - Resolution No. R-238-6-07

DS-20

Resolution to Approve Sixth Amendment to Legal Services Contract with Dykema Gossett ($50,000.00) (Attorney Services - Stephen Postema, City Attorney) Approved - Resolution No. R-239-6-07
Added After Newspaper Deadline:
DS-22

Resolution to Approve FY 2007 – 2008 Allocations to Nonprofit Entities for Housing and Human Services - $1,835,135 (General Fund, CDBG and HOME) (Added 5/31/07) Approved – Resolution No. R-240-6-07

 

E - COMMUNICATIONS FROM THE MAYOR
E-1 Appointments - Confirmations - Approved:  Historic District Commission, Housing & Human Services Advisory Board
E-2 Appointments - Nominations - Nominations:  Housing & Human Services Advisory Board
F - COMMUNICATIONS FROM THE CITY ADMINISTRATOR
F-1 April 2007 Investment Portfolio Report - Financial and Administrative Services
F-2 City Administrator’s Report on Use of Water Coolers
G - COMMUNICATIONS FROM THE CITY ATTORNEY
None.
H & I - CLERK'S REPORT OF COMMUNICATIONS, PETITIONS AND REFERRALS
The following communications were referred as indicated (H):
H-1 Communications from Comcast regarding payment methods for Ann Arbor Residents and a new NFL Network on digital sports tier – File
H-2 Communication from SEMCOG University regarding Grant Writing: An Overview, scheduled for June 5, 2007 – File
H-3 Communication from AT&T regarding AT&T Michigan’s Video Service – File
H-4 Communication from Marla Winters regarding opposition of the proposed Liberty Place Zoning – File
H-5 Communication from Advanced Photonix, Inc. (API) regarding an open-house for their State-of-the-Art Semiconductor Microfabrication Facility on June 7, 2007 from 11 a.m. to 1 p.m. – File
H-6 Communications regarding support of the proposed Farmers Market Renovations from Denise Brock, and Scott Robertello, vendors at the Market - File
The following minutes were received for file (I):
I-1 City of Ann Arbor Employees' Retirement System – April 19, 2007
I-2 City Of Ann Arbor Retiree Health Care Benefit Plan & Trust Board 0f Trustees – April 19, 2007
I-3 Community Development Executive Committee – March 27 and April 2, 2007
I-4 Historic District Commission – December 14, 2006,January 11, February 8 and March 8, 2007
I-5 Zoning Board of Appeals – December 20, 2006, January 24, February 28 and March 28, 2007
I-6 City Market Commission – July 27, August 17, October 19, 2006, January 10 and 18, 2007
I-7 Ann Arbor Transportation Authority Board – April 18, 2007
PUBLIC COMMENT - GENERAL (3 MINUTES EACH)

1.  Dan Pugh - Dog Park Ordinance

CLOSED SESSION TO DISCUSS PENDING LITIGATION AND ATTORNEY/CLIENT PRIVILEGED COMMUNICATION - 10:55 p.m. - 11:08 p.m.
  • Motion was made following Closed Session to allow the City Attorney to proceed as directed in Closed Session regarding Case GCW-06-0000932 and act in accordance with the direction of Council. Approved - Resolution No. R-241-6-07
ADJOURNMENT - 11:15 p.m.
Persons with disabilities are encouraged to participate.  Accommodations, including sign language interpreters, may be arranged by contacting the City Clerk's Office by telephone at 994-2725 or by written request addressed to the City Clerk's Office, 100 N. Fifth Ave., Ann Arbor, MI  48104, at least 24 hours in advance.

A HARD COPY OF THIS COUNCIL PACKET CAN BE VIEWED AT THE FRONT COUNTER OF THE CITY CLERK'S OFFICE

 


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