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					                                             CITY OF YPSILANTI
                                        COUNCIL MEETING AGENDA
                               CITY COUNCIL CHAMBERS - ONE SOUTH HURON ST.
                                            YPSILANTI, MI 48197
                                         TUESDAY, MARCH 16, 2010
                                                  6:30 P.M.


  I.        CALL TO ORDER

 II.        ROLL CALL

            Council   Member   Bodary        P   A   Council Member Robb                       PA
            Council   Member   Murdock       P   A   Mayor Pro-Tem Swanson-Winston             PA
            Council   Member   Nickels       P   A   Mayor Schreiber                           PA
            Council   Member   Richardson    P   A

III.        INVOCATION

IV.         PLEDGE OF ALLEGIANCE

            “I pledge allegiance to the flag, of the United States of America, and to the Republic for which it
            stands, one nation, under God, indivisible, with liberty and justice for all.”

  V.        CLOSED SESSION – (6:30 – 7:00 p.m.)

            Closed Session to discuss pending litigation and possible resolution. (OMA 15.268, Sections 8(e))

  VI.       INTRODUCTIONS

  VII.      AGENDA APPROVAL

  VIII.     PRESENTATIONS

            1. State of the City Presentation – Mayor Paul T. Schreiber

            2. Water Street Presentation – Administrative Services Director April McGrath

                A.    Developers Proposal
                B.    Water Street Annual Report
                C.    New Action Plan
                D.    Miscellaneous Updates

   IX.      ORDINANCE – FIRST READING
                                                                                               Ordinance No. 1116
            1. An ordinance entitled, “Edison Power Plant Historic District”.

                A. Resolution No. 2010-037, determination.
                B. Open public hearing.
                C. Resolution No. 2010-038, close public hearing.

       X.   AUDIENCE PARTICIPATION

                                                                                                                  1
    XI.   REMARKS BY THE MAYOR

   XII.   MINUTES

          Resolution No. 2010-039, approving the minutes of March 2 and March 9, 2010.

  XIII.   RESOLUTIONS/MOTIONS/DISCUSSIONS

          1. Resolution No. 2010-040, approving agreement with the Ann Arbor YMCA to provide recreational
             opportunities in city parks.

          2. Resolution No. 2010-041, approving contract with Michigan Department of Transportation
             (MDOT) for reconstruction of N. Mansfield between Congress and Westmoorland Streets.

          3. Resolution No. 2010-042, approving purchase of one freightliner M2 07 EPA Heavy Duty Truck
             Chassis.

          4. Resolution No. 2010-043, approving contract with Governmental Consultant Services, Inc.
             (GCSI) for professional services.

          5. Resolution No. 2010-044, supporting the Google Fiber project.

          6. Discussion of Downtown Development Association (DDA) parking resolution.

 XIV.     LIASON REPORTS

          A.   SEMCOG Update
          B.   Washtenaw Area Transportation Study
          C.   Washtenaw Metro Alliance
          D.   Washtenaw County Land Bank

 XV.      COUNCIL PROPOSED BUSINESS

 XVI.     COMMUNICATIONS FROM THE MAYOR

XVII.     COMMUNICATIONS FROM THE CITY MANAGER

XVIII.    AUDIENCE PARTICIPATION

 XIV.     REMARKS FROM THE MAYOR

 XX.      ADJOURNMENT

          A. Resolution No. 2010-046, adjourning the City Council Meeting.




                                                                                                          2
                    City of Ypsilanti
                    City Manager’s Office


                    Memorandum
                    To:    Mayor Schreiber and City Council Members

                    From: April L. McGrath, Director of Administrative Services

                    Date: March 11, 2010

                   Subject: Water Street Redevelopment Project

On March 16, 2010 staff will be presenting a status update on the Water Street
Redevelopment Project. An Action Plan was approved in May 2008 by City Council to spur
development on Water Street. Monthly meetings, monthly reports and a steady focus on this
project have brought about incredible accomplishments to date. In our efforts to continue
this momentum staff is excited to bring to Council, three notable items: 1) A developers
request to purchase and build on a portion of the Water Street Site 2) An Annual Report on
accomplishments from May 2008-December 2009 and 3) A new action plan for 2010.

Below is a more detailed agenda for the presentation on March 16, 2010:

   1. Bravo Kilo Presentation (Attachments)
      April L. McGrath, Director of Administrative Services
      a) James Fitzpatrick, Bravokilo, Presentation
      b) Joe Fazio, Miller Canfield, Proposal
      c) Next Steps, April L. McGrath

   2. Water Street Annual Report (Attachments)
       April L. McGrath, Director of Administrative Services

   3. New Action Plan for Water Street (Attachments)
      Teresa Gillotti, Community and Economic Development Coordinator

   4. Miscellaneous Updates
         • Demolition, Trevor Woollatt, ETC, Inc.
         • Development Updates, Arthur Itkis, CBRE (attachment)
         • Railroad Spur, Edward B. Koryzno, Jr., City Manager
         • Grant Opportunities, April L. McGrath, Director of Administrative Services

Attached you will find more detailed information on each discussion point. Please contact me
if you have further questions as staff will be reviewing each of these items at the City Council
Meeting scheduled for March 16, 2010.

Thank you.
                    City of Ypsilanti
                    City Manager’s Office


                    Memorandum
To:          Mayor Schreiber and City Council Members

From:        April L. McGrath, Director of Administrative Services

Date:        March 11, 2010

Subject:     Bravokilo Proposal for Water Street

On March 16, 2010 James Fitzpatrick from Bravokilo will be presenting a proposal for the
purchase of a portion of Water Street at the corner of Park Street and Michigan Avenue. The
intent of his presentation will be to facilitate the first public discussion on their request to
purchase a portion of Water Street as well as an opportunity for questions and answers.

Bravokilo intends to build a Burger King on the Water Street Redevelopment site and will be
providing an overview of their site plan. This meeting is an opportunity for City Council to ask
questions and gather more information in an effort to be prepared for the approval or
rejection of the Purchase Agreement between Bravokilo and the City of Ypsilanti. Attached
you will find a copy of the preliminary site plan as well as a summary of the purchase
agreement as prepared by our attorney Joseph Fazio from Miller Canfield.

On July 21, 2009 Council approved a resolution allowing an ordinance to be placed on the
August 18, 2009 agenda for the overall sale of the Water Street Property. However, there
were many concerned that by doing this with one ordinance it eliminated the opportunity for
the public to discuss their concerns as the property was sold in pieces. To ensure public input
was received, City Council passed a resolution requiring a public hearing before City Council
considers the sale of property within the Water Street Redevelopment Area. It is the intent of
staff to bring forth a formal purchase agreement at the April 20, 2010 City Council Meeting. A
public hearing will be held at that meeting, and the purchase agreement will be available for
review at the time of publication (15 days before the scheduled hearing date) allowing ample
time for public comment and questions.

Staff is also working with Mid-Western Consulting to discuss anticipated costs for
infrastructure. We should have estimates by the Tuesday meeting. It is important to note
that while in the purchase agreement it is noted that the City will be responsible for the costs
of the infrastructure on Parsons Street that our consultant has expressed there may be
worked need to be completed on Park Street as well. We will have more to report on
Tuesday.

Please feel free to contact staff with further questions or clarification. Thank you.

Attachments: Preliminary Site Plan of Burger King
             Summary report of the Purchase Agreement
                                          MEMORANDUM

TO:                April McGrath, Assistant City Manager
CC:                Edward B. Koryzno, Jr., City Manager
FROM:              Joseph M. Fazio, Esq.
                   Miller, Canfield, Paddock and Stone, P.L.C.
RE:                Summary of Terms of the Proposed Agreement to Purchase Real Estate between
                   the City of Ypsilanti and Bravokilo
DATE:              March 12, 2010

Dear April,

       As requested, the following is a summary of the more material terms and conditions of
the proposed Agreement above referenced, which as of the date of this Memo, has not been
executed by the proposed Purchaser.

         1.        Seller: City of Ypsilanti

         2.        Purchaser: Bravokilo, Inc., an Indiana corporation.

        3.      Property: Approximately one-half acre of land located in the southwest corner of
the intersection of Michigan Avenue and Park Street.

         4.        Purchase Price: $400,000.00

        5.       Buyer's Deposit: $10,000.00 initially. To be increased by an additional $15,000
for a total of $25,000 upon waiver of the Buyer's contingencies.

         6.        Title Company: Lawyers Title Insurance Company.

         7.        Buyer's Contingencies:

                            (i)     Title and survey review – 60 days following the Effective Date.

                            (ii)    Property inspection – 120 days following the Effective Date.

                            (iii)   Governmental Approvals and Franchisor Approval – 180 days
                                    following the Effective Date with an obligation to apply for
                                    governmental approvals within 90 days following the Effective
                                    Date.
17,804,047.1\099368-00037
                            (iv)   Purchaser's Board Approval – within 90 days of the Effective Date.

                            (v)    Extension Rights:        Purchaser may extend the 180-day
                                   Governmental and Franchisor Approval period by one period of 30
                                   days without additional cost.

      8.     Municipal Plan Approval: Developer agrees to pursue plan approval through the
PUD ordinance of the City.

         9.     Brownfield Designation: Purchaser agrees to cooperate with the City in
connection with the amendments to any Brownfield redevelopment plan with an understanding
that all capture associated with such plan will be paid to the City to defray eligible remediation
costs with respect to the overall project.

       10.     Restrictive Covenant: At closing, an exclusive for the benefit of the parcel to be
sold will be recorded against the balance of the Water Street property precluding the balance of
the property from being used as a quick service restaurant with a drive-through serving primarily
hamburgers and French fries or tacos. Said exclusive will only be valid for as long as the
property sold is being used for such uses.

         11.       Closing: 30 days following the expiration of the Approval Periods.

         12.       Form of Conveyance: Covenant Deed.

       13.     Proration: Standard prorations. Taxes are to be prorated on the assumption that
the Property has been taxable based upon an assumed tax bill of $8,160.00.

         14.       Possession: To be delivered at closing.

         15.       Default Remedies:

                            (i)    Purchaser's default – Seller's remedy is to terminate the Agreement
                                   and retain the Deposit.

                            (ii)   City's default – Purchaser's remedy is to terminate the Agreement
                                   and receive the return of the Deposit or seek to specifically enforce
                                   the Agreement.

         16.       City's Deliverable Obligations:

                            (i)    A title commitment for the property.

                            (ii)   Deliver a copy of its existing survey.

         17.       City's Obligations to Demolish:

                            (i)    City to demolish all existing above ground structures and
                                   basements and foundations of such structures and sever any
                                   underground utilities within the Property and to deliver the

17,804,047.1\099368-00037                            -2-
                                    building pad leveled and the building pad area completed in
                                    accordance with the specified compaction criteria.

                            (ii)    If the demolition is not completed by closing, a portion of the
                                    purchase price equal to 110% would be escrowed to assure
                                    completion of the demolition activities. If the city has not entered
                                    into a contract for the performance of the demolition within 10
                                    days of the closing or if the demolition activities have not been
                                    completed within thirty days of the closing, Purchaser has the right
                                    to do the demolition and to access the demolition escrowed to
                                    cover such costs. If the escrow amount is insufficient, the City
                                    remains liable for such shortfall.

         18.       City's Infrastructure Improvement Obligations.

                            (i)     The City is to extend Parsons Street westerly from Park Street
                                    approximately 200 feet.

                            (ii)    At closing, an amount equal to 110% of the estimated cost of the
                                    construction is to be placed in escrow to secure the infrastructure
                                    improvement obligations.

                            (iii)   The infrastructure roadway improvements must be installed within
                                    30 days of the date the City is advised that the Purchaser's
                                    infrastructure utilities have been installed, such date not to be later
                                    than 150 days from closing, failing which Purchaser may install.

         19.       Purchaser's Covenants:

                            (i)     To grant to the City easement rights for access only across the
                                    parcel to be conveyed.

                            (ii)    To commence construction of its approved project within 12
                                    months of closing and to complete said construction within 24
                                    months of closing, failing which the City has repurchase rights. If
                                    the improvements cease to be occupied, staffed and operated from
                                    a period of 5 years of closing, the City has repurchase rights.

                            (iii)   Prior to entering onto the property for investigation, the Purchaser
                                    is obligated to provide evidence of liability insurance.

        20.     As Is: Except as specifically provided, the Buyer is acquiring the property in an
as-is condition.

          21. Brokerage Commissions: City is obligated to pay a brokerage commission pursuant
to its listing agreement with CBRE at closing which are to be shared with the procuring broker.




17,804,047.1\099368-00037                              -3-
DISCLOSURE UNDER TREASURY CIRCULAR 230: The United States Federal tax advice contained in this document and its
attachments, if any, may not be used or referred to in the promoting, marketing or recommending of any entity, investment plan
or arrangement, nor is such advice intended or written to be used, and may not be used, by a taxpayer for the purpose of avoiding
Federal tax penalties. Advice that complies with Treasury Circular 230’s “covered opinion” requirements (and thus, may be
relied on to avoid tax penalties) may be obtained by contacting the author of this document.




17,804,047.1\099368-00037                                      -4-
                        Water Street Redevelopment Project
                                  Annual Report
                            May 2008-December 2009

2008-2009 Action Plan for Water Street

On May 8, 2008 City Council passed a seven point action plan for the Water Street
Redevelopment Project. Below is a summary of the project from May 2008-December
2009:

   1. Amend Master Plan to support phased development of individual
      parcels without overall concept plan. Complete.

      The Planning Department worked with the Planning Commission and the
      Washtenaw County Planning Department to adjust the Master Plan for Water
      Street to reflect the City’s new direction. The new direction was to move from a
      focused development plan for the entire property into a parceling off pieces of
      the property for smaller developments. Ultimately the City of Ypsilanti became
      the Master Developer of Water Street and in order to achieve this ability the
      master plan needed to be amended.

      A public hearing was held on Wednesday, June 18, 2008 at 7:30pm in the
      Council Chambers to initiate the discussion on the proposed direction. The
      overall comments at this public hearing were positive and with the support of the
      Planning Commission and City Council, staff amended the Master Plan to include
      a phased development of individual parcels.

      On September 17, 2008 the Planning Commission adopted the changes
      and this action item was completed.

      *See attachment A for amendments.


   2. Develop, adopt and implement new zoning district for approval by
      right. Incomplete.

      City Council was presented with and asked to consider the first reading of
      amendments to the Zoning Ordinance for Water Street. These amendments
      were to maintain the option of using Planned Unit Development for developers
      who wish to use it, or who are interested in larger portions of the site, while
      providing a clear procedure to streamline the process for smaller developers.
      After many discussions with Council some changes were made and were
  presented at June 16, 2009 City Council meeting for approval. However, City
  Council struggled with these changes as there were concerns that changing the
  zoning may cause some developers to lose interest if they don’t meet the new
  zoning requirements.

  At this time the changes were never adopted and this issue remains outstanding
  and will be an action item to address is 2010.

3. Explore further the option to secure Washtenaw County Brownfield
   Redevelopment Authority Revolving Loan Funds to pay for demotion
   and clean-up costs of approximately $650,000-$750,000. Complete.

  The City of Ypsilanti (with assistance of Washtenaw County) prepared and
  submitted applications on November 14, 2008 for grant funding from the
  Environmental Protection Agency for Brownfield clean-up funding for remaining
  environmental contamination in the Water Street redevelopment project area.
  On May 7, 2009 the City received notification that three grants were awarded for
  a total of $600,000. This money will be used to remediate some of the remaining
  contamination on the site, including the demolition of buildings located atop
  contaminated soil. Sites specified for the grant are located at 38, 34 and 40 East
  Michigan and 14 S. River Street and the RIM building. The City of Ypsilanti was
  also approved for a $250,000 from the Washtenaw County Neighborhood
  Stabilization Program to demolish the remaining buildings.

  In total the City has received $850,000 for demolition and remediation. Staff is
  hoping that the buildings will be leveled by the end of the 2010 calendar year.

4. Explore further the option to demolish/clean-up of properties along
   Michigan Avenue (staff will make final recommendations based on
   thorough research of environmental issues and safety). Complete.

  This action item remained incomplete as of December 31, 2009. However the
  recent demolition bids came in low enough that all the buildings will be razed
  utilizing the grant money we received and no alternative sources of funding will
  be required.

5. Aggressive marketing of the property at the Brownfield’s Conference,
   signage on the property, removal of the fence. Complete.

  The Brownfield’s Conference was held in May 2008, city staff, along with the
  Washtenaw County staff, prepared a marketing booth for the Water Street
      Property. Staff was able to connect with multiple developers regarding the
      property.

      C.B. Richard Ellis placed two “For Sale” signs on the Water Street Property in July
      2008 and the fence was removed the week of August 4, 2008.

6. Direct staff to develop and recommend criteria for vetting proposals with
   final criteria approval by City Council. Complete.

   City Council and staff met multiple times to discuss potential vetting procedures for
   determining which viable proposals would come before City Council. However, it was
   determined that due to the importance of development on this site, Council felt it
   would be in the City’s best interest to bring every proposal to Council and let them
   decide on the viability.

7. Direct staff to recommend a firm to develop a marketing study and
   possible brokerage of the property. Complete.

   On March 28, 2008 a Request for Proposals was issued for Real Estate Services. The
   proposals were due on April 24, 2008. The City of Ypsilanti received one proposal by
   C.B. Richard Ellis. The proposal’s intent was to secure an expert in the area of
   commercial real estate to assist in marketing and sale of the Water Street Property.
   While the City received one proposal it was thorough and professional. In order to
   continue the momentum of Water Street and to put forth the maximum effort to
   begin development it was imperative to seek marketing advice from a commercial
   broker. On June 3, 2008 City Council approved retaining C.B. Richard Ellis as the
   broker for the Water Street Redevelopment site. A kick-off meeting was held on
   June 17, 2008 and a marketing study was conducted.

   Since hiring CBRE the City has entertained a much higher level of interest in the
   property. Multiple letters of intent were brought to the table. Unfortunately, no
   formal purchase agreements were signed by the end of 2009, primarily due to the
   lack of available financing.

Miscellaneous accomplishments

State Historic Preservation Offices: The Water Street Redevelopment Project has
utilized a variety of funding sources at various stages in the project. The use of federal
funds brings a series of requirements with it, including review for possible disturbance
of historical or archeological resource.
When the City of Ypsilanti first used federal CDBG funds on the site, the State Historic
Preservation Office determined that the work would disturb historic resources, including
demolition of buildings in the historic district. A Memorandum of Agreement was signed
between the City and the State Historic Preservation Office to address this disturbance.
This MOA expired, and staff has been working with SHPO on a new agreement to
reflect the current status of the project. Specifically, the original MOA assumed a single
developer (Biltmore) and a particular development concept.

While the original MOA required much more involvement from SHPO, including design
review of future construction and archeological monitoring of site work, they have
concluded that there has been such a drastic change within the scope of our project
from when we first started that these requirements are no longer applicable.

The City’s requirements under the current draft MOA are limited to the preparation and
installation of an interpretive piece related to the history of the site. City staff and
Councilmember Nickels have had initial conversations with the Automotive Heritage
Museum and Motor Cities National Heritage Area to fulfill this requirement.

SHPO has respectfully requested that we still take into consideration the historic nature
of our project as well as the fact that the Water Street Redevelopment Project is in an
area of high archaeological sensitivity. Staff is currently working with some
archaeologists to ensure proper monitoring occurs when disturbing the soil.

City Council signed a new MOU with SHPO on January 12, 2010.

*See Attachment B for the Memo of Understanding.

Vacation of Plats: The Water Street Project Area was previously made up of property
that was contained within three different Plats. A Plat is a parcel of land that has been
formerly divided into smaller parcels. Most subdivisions are plats. In order to
redevelop the property, particularly in order have the ability to move roads, the City
was required to vacate the plats. The City Attorney’s office filed the necessary litigation
to vacate the plats, and obtained a consensus of all defendants for a settlement. In
order to satisfy the State’s requirements of the Land Division Act, we were required to
obtain surveys of the plat that were to be vacated, and prepare an amended plat. This
work has been completed, and the plats vacated. The City attorney is seeking an order
from the court that will confirm we have satisfied our obligations.
Infrastructure: City Staff has discussions with multiple developers regarding the
purchase of parcels in the Water Street Redevelopment Property. One of the issues
continuing is the question of providing infrastructure on the property. Previously, we
had focused on one large developer buying the property, and in that instance designing
and building infrastructure as part of their overall project. However, the City has since
taken over as the developer and is selling the property in smaller pieces in an effort to
develop the property. Each individual purchaser, in this case, needs to know the
location of roads and utilities, which requires the City provide an infrastructure plan,
and, eventually, coordinate and pay for infrastructure construction.

Joe Fazio, our real estate attorney for Water Street, and our brokers at C.B. Richard
Ellis, indicated the lack of an infrastructure plan was delaying the purchase agreement
process for the developers involved. On March 24, 2009 Council authorized staff to
proceed with seeking quotes from engineering firms to create an infrastructure plan for
the Water Street Redevelopment Project.

The City of Ypsilanti has retained Orchard, Hiltz & McCliment, Inc to provide a basic
infrastructure plan for the site. They provided a summary report of costs and two
drawings that show two different options for that Council considered. Both plans are
flexible in nature – they provide a general framework to demonstrate street and utility
access through the site, but can and will be modified depending on the needs of the
ultimate developers.

On July 21, 2009 City Council adopted this framework plan in order to provide clarity
and some general direction for developers interested in the property. The intent is to
provide a plan; final designs and construction will not occur until the property sells and
funding becomes available. City Council’s approval of this concept allows staff to use
this infrastructure plan as a guideline for current and potential developers.

*See Attachment C for the full plan.

Border to Border Trail: The City of Ypsilanti is currently working with Washtenaw
County to improve and expand the Border-to-Border Trail through Ypsilanti.
Washtenaw County Parks and Recreation is providing local match dollars for bike lane
improvements in the coming year on Forest Avenue from College Place to Norris St.
Washtenaw County Public Health has facilitated for us a $2000 grant for a temporary
trail in the Water St area to extend the existing Waterworks Park Trail to Michigan Ave
this summer. Washtenaw County Parks and Recreation also recently funded a study
examining the feasibility of a pedestrian bridge linking Riverside Park to the Water
Street Waterworks Park Trail extension.
Potential Development

The Water Street Redevelopment site has seen a renewed momentum in regards to
development. Developers included a fast food establishment, potential retail with a
grocery store, student housing and senior housing. Unfortunately, the lack of available
commercial credit for financing has been a detriment to development and to date no
formal purchase agreements have been signed. However, interest remains in the
property and we believe that once the banks begin lending to commercial investors the
Water Street Property will be ready for development.

Future Plans for Water Street

Staff has created an action plan for 2010 which includes quarterly reports and meetings
about progress related to Water Street. Demolition and some remediation of the site is
expected to continue in 2010 as well. The goal for 2010 is to ensure that the site is
redevelopment ready and continue to search for development opportunities and
anticipate that the economic environment will move in a positive direction.



Respectfully submitted by,


April L. McGrath
Director of Administrative Services
ATTACHMENT A
4. Water Street
Issue Identification
This area was historically characterized as having a mix of land uses, with residential, vacant,
commercial, and industrial uses commingling haphazardly. The potential for redevelopment
could have a large impact upon the Downtown and Michigan Avenue corridor and accordingly,
the City of Ypsilanti has acquired approximately 38 acres to achieve a more viable land use
pattern. Redevelopment of the area is now possible due to unified land control and the
completion of environmental assessment of the site, as well as partial remediation and
demolition performed to date. Other issues include the fact that this area is bounded by the
Huron River on two sides; this is also a substantial potential asset for future uses, as is the
proximity to Downtown and Depot Town. The issues for this area can be summarized below:

ISSUES
Transportation/Circulation
Transportation/Truck Impact
Environmental/Contamination
Environmental/Riverfront
Land Use Conflicts
Economic Revitalization
Vulnerable Land Uses
Aesthetics/Image
Relation to Historic District
Relation to Downtown
Relation to Depot Town

                                              Water Street Area

Land Use Recommendations
Any development proposal or zoning changes for the site should promote the following goals:
   • Redevelopment of the site including a mix of residential, retail, office, entertainment,
      medical, research, or other land uses or combinations compatible with the downtown
      business district
   • Expansion and enhancement of public access to the Huron River
   • Coordination of individual development projects to ensure compatibility both within the
      site and with nearby land uses
   • Design standards that create an urban, rather than suburban or exurban, form
   • Uses and site designs that take advantage of access to the river
   • Effective transportation connections to the downtown business district and surrounding
      areas, including non-motorized, vehicular, and transit options


City of Ypsilanti Master Plan                                                            Page 82
    •    Application of environmental best practices, such as LEED certification, low-impact
         design, etc, where practical


This area is designated Mixed Residential/Commercial on the Future Land Use map. Within the
site, this could include a broad range of uses that capitalize on the site’s location with regards to
Michigan Avenue, the Huron River, and downtown. The river frontage is designated as
parkland; at a minimum, a linear park with biking/walking trail will be provided along the river,
and larger nodes may be included at points along this linear park.


Any residential component of the redevelopment will be of a higher density nature such as lofts,
townhouses, or condominiums. Office, medical, research, and similar uses should take urban
forms, avoiding low-density “office park” or automobile-oriented “strip” commercial
configurations. Multiple components may be integrated into mixed-use structures, such as
residential or office uses above commercial uses. Larger park or civic uses may be included in
addition to the riverbank linear park, but are not seen as essential.


While proposals for all or large portions of the site may be considered, an incremental approach
to redevelopment of the area may also be viable. In anticipation of proposals for either the entire
site or portions of the site, the City should take steps to facilitate the review process for
development that achieves these goals.


This facilitation is expected to include rezoning of these parcels to incorporate the goals of this
target area, in order to provide potential developers with maximum predictability during the
development process; future zoning amendments or Planned Unit Development proposals may
be necessary to accommodate developments not predicted during this initial rezoning. The use
of a new zoning district or overlay district and/or changes to existing zoning districts that
communicate the desired development quality should be considered to add predictability to the
development review process while achieving community goals for the area.


Appropriate zoning districts for this target area include new “Commercial/Residential
Redevelopment Districts” designed to meet the Target Area’s goals, and could also include B3
for the Michigan Avenue frontage and R/C or RO for the site interior. Specialized craft-
industrial uses, such as those found in the W/S district, could also be appropriate.




City of Ypsilanti Master Plan                                                                 Page 83
ATTACHMENT B
                         AMENDED MEMORANDUM OF AGREEMENT
                               BETWEEN THE CITY OF YPSILANTI
                                                  AND
                THE MICHIGAN STATE HISTORIC PRESERVATION OFFICER
                                             REGARDING
                      THE WATER STREET REDEVELOPMENT PROJECT
             IN THE CITY OF YPSILANTI, WASHTENAW COUNTY, MICHIGAN


        WHEREAS, pursuant to 24 CFR § 58, the United States Department of Housing and Urban
Development (HUD) has delegated the responsibility for compliance with the requirements of Section
106 of the National Historic Preservation Act of 1966, as amended (16 USC 470f) to recipient State
agencies and local Participating Jurisdictions receiving funds from the Community Development Block
Grant (CDBG) Program; and

        WHEREAS, the Michigan Economic Development Corporation, a State agency, granted CDBG
funds (Title 1 of the Housing and Community Development Act of 1964, as amended) to the City of
Ypsilanti (City) to provide funds for the Water Street Redevelopment Project (Project); and

         WHEREAS, the Project resulted in the demolition of 2 East Michigan Avenue, 10 East Michigan
Avenue, 32-34 East Michigan Avenue and 36-38 East Michigan Avenue (Resources), contributing
resources located in the Ypsilanti Historic District in the City of Ypsilanti, Washtenaw County, Michigan,
a district that is listed in the National Register of Historic Places, and

        WHEREAS, the City determined that the Project would have an adverse effect upon the
Ypsilanti Historic District; and

        WHEREAS, the City has consulted with the Michigan State Historic Preservation Officer
(SHPO) pursuant to 36 CFR § 800, regulations implementing Section 106 of the National Historic
Preservation Act of 1966, as amended; and

       WHEREAS, the City and the SHPO executed a Memorandum of Agreement (MOA) in April
2002 per 36 CFR § 800.6(c), and

      WHEREAS, the City recorded the historic resources in accordance with Stipulation I of the April
2002 MOA; and

       WHEREAS, the City has not yet fulfilled the requirement to create an interpretive item in
accordance with Stipulation II of the April 2002 MOA; and

       WHEREAS, the April 2002 MOA required the SHPO to review the design of the redevelopment
based on the results of the Public Design Charrette held in January 2002; and

        WHEREAS, the developer originally involved in the redevelopment of the Project is no longer
involved and future designs for the redevelopment will not be based on the 2002 Public Design Charrette;
and


                                                                                                ER 02-387
                                                                   Water Street Redevelopment Project MOA
                                                                                                Page 1 of 3
        WHEREAS, the City and the SHPO agreed to amend the original MOA to account for the
change in developers; and

        WHEREAS, the Advisory Council for Historic Preservation (Council) was not a signatory to the
original MOA and per 36 CFR § 800.6(c)(7), the City shall file a copy of this amended MOA with the
Council;

         NOW THEREFORE, the City and the SHPO agree that the Project shall be implemented in
accordance with the following stipulations in order to take into account the effects of the Project on
historic properties.

                                                STIPULATIONS

The City shall ensure that the following measures are carried out:

I.      INTERPRETATION
        A. The City shall complete the interpretive item (i.e., exhibit, brochure, or signage) as directed in
           Stipulation II of the original MOA for this project.
        B. The content and focus of the interpretive item shall be determined in consultation with the
           SHPO and should attempt to increase public awareness of the role of the Michigan Avenue
           corridor in automotive history.
            1. The consultation with the SHPO shall occur within three (3) months from the date this
               amended MOA is submitted to the Advisory Council on Historic Preservation (Council).
            2. Within six (6) months from the date this amended MOA is submitted to the Council, the
               City shall submit a draft of the interpretive item to the SHPO for review and approval.
            3. Within nine (9) months from the date this amended MOA is submitted to the Council, the
               interpretive item shall be finalized.
        C. The City may work with MotorCities National Heritage Area, an affiliate of the National Park
           Service dedicated to preserving, interpreting and promoting the automotive and labor heritage
           of the State of Michigan, to fulfill this stipulation.
II.     AMENDMENT
        The City or the SHPO may propose that this MOA be amended, whereupon the parties will
        consult in accordance with 36 CFR § 800.6(c)(7) to consider such an amendment.
III.    DISPUTE RESOLUTION
        Should either party to this agreement object within thirty (30) days to any of the proposed actions
        pursuant to this agreement, the City and the SHPO shall consult to resolve the objection. If the
        City determines that the objection cannot be resolved pursuant to 36 CFR § 800.7(b), the City
        shall forward all documentation relevant to the dispute to the Advisory Council on Historic
        Preservation (Council). Within forty-five (45) days after receipt of all pertinent documentation,
        the Council will either:

        A. Provide the City with recommendations, which the City will take into account in reaching a
           final decision regarding the dispute (36 CFR § 800.7(b)); or



                                                                                                  ER 02-387
                                                                     Water Street Redevelopment Project MOA
                                                                                                  Page 2 of 3
        B. Notify the City that it will comment pursuant to 36 CFR § 800.7(c) and proceed to comment.
           Any Council comment provided in response to such a request will be taken into account by
           the City in accordance with 36 CFR § 800.7(c)(4) with reference to the subject of the dispute.
        Any recommendation or comment provided by the Council will be understood to pertain only to
        the subject of the dispute. The City’s responsibility to carry out all actions under this MOA that
        are not subjects of the dispute will remain unchanged.
IV.     TERMINATION
        A. If the City determines that it cannot implement the terms of this MOA, or if the SHPO
           determines that the MOA is not being properly implemented, the City or the SHPO may
           propose to the other party to this MOA that it be terminated.

        B. The party proposing to terminate this MOA shall so notify the other party to this MOA
           explaining the reasons for termination and affording at least sixty (60) days to consult and
           seek alternatives to termination. The parties shall then consult.

        C. Should such consultation fail, the City or the SHPO may terminate the MOA by so notifying
           all parties.

        D. Should this MOA be terminated, the City shall either:

            1. Consult in accordance with 36 CFR Part 800.6 to develop a new MOA
            2. Request the comments of the Council pursuant to 36 CFR § 800.7.
V.      SUNSET CLAUSE
        This MOA will be null and void if the terms are not carried out within five (5) years after its
        execution, unless the signatories agree in writing to an extension for carrying out its terms.
Execution of this amended Memorandum of Agreement by the City and the SHPO, and the
implementation of its terms, evidence that the City has afforded the Council an opportunity to comment
on the Water Street Redevelopment Project and its effects on historic properties, and that the City has
taken into account the effects of the Project on historic properties.


CITY OF YPSILANTI


Paul Schreiber, Mayor                                                              Date




MICHIGAN STATE HISTORIC PRESERVATION OFFICER


Brian D. Conway, Michigan SHPO                                                     Date




                                                                                                 ER 02-387
                                                                    Water Street Redevelopment Project MOA
                                                                                                 Page 3 of 3
ATTACHMENT C
June 8, 2009

City of Ypsilanti
One South Huron Street
Ypsilanti, Michigan 48197

Attention:      Ms. April McGrath

Regarding:      City of Ypsilanti
                Water Street Development
                Preliminary Road and Utility Layout

Dear Ms. McGrath:

Conceptual road and utility maps for the Water Street project are enclosed. Option ‘One’ includes an
extension of the River Street boulevard south of Parsons Street to the Huron River. For option ‘Two’,
River Street is terminated at Parsons Street, and a utility corridor is identified continuing south. We
understand that the phasing and potential build-out of the south portion of River Street is dependent on
the specific developments that occur.

Preliminary estimates for both alternatives are also included. These are planning level estimates for road
and infrastructure installation. Site preparation, including mass grading, building demolition and/or
brownfield remediation is not included.

A discussion of the major design parameters follows.

Road alignments:
Water Street – The connection point with Michigan Avenue cannot be located any further west because of
the bridge abutment and site distance requirements. We understand the land west of Water Street is not
likely to be developed because of the steep slopes to the river and the existing utilities in the area.
Locating the street as far west as possible while maintaining the required offset from the Michigan
Avenue bridge maximizes the developable land east of the proposed Water Street alignment.

River Street – There is an existing traffic signal at the intersection of River Street and Michigan Avenue.
Locating the main entrance to the Water Street area at this location is recommended because of the
existing infrastructure, and the central location to the property. Extending the boulevard entrance into the
property offers a defined main entrance that will accommodate landscaping and signage.

Parsons Street – Maintaining the horizontal alignment of Parsons Street is recommended primarily
because of the existing sanitary sewer and the connection point at Park Street.

Sanitary Sewer:
The existing 8-inch sanitary sewer in Parsons Street will remain. Lining may be required as determined
by YCUA. When development south of the proposed Parsons Street is constructed, new 10-inch sanitary
will be needed to connect to the interceptor outlet on the south side of the property. A general alignment
for this is shown, however the exact alignment will be dependent on the configuration of development
south of Parsons Street.
Water Main:
New 12-inch water main is proposed along all proposed road alignments. The existing water main will be
either removed or abandoned in place, depending on the proposed development configuration.

Storm Sewer:
We anticipate that direct discharge to the Huron River will be permitted for this development. The
preliminary storm sewer design is sized for total build-out. We anticipate each development will tie into
the primary system, and will not have individual connections to the river. This should simplify the
permitting process for development. Although we do not anticipate the need for restricted outlets for this
project, protecting water quality will be important. Each development will be required to employ on-site
storm water pretreatment before discharging.

Franchise Utilities:
Easements will be required for franchise utilities such as cable, phone, and electric. The exact location
will depend on the developments that occur. These utilities are typically located in rear yards, outside of
the public right-of-way. Pedestrian walkways are included on the conceptual plan, that could be used as
corridors for franchise utilities.

If you have any questions on the preliminary layouts or the estimates, please call me at (734) 522-6711.

Sincerely,

ORCHARD, HILTZ & McCLIMENT, INC.



Kent Early, P.E.

P:\0000_0100\0094090050_Water_St_Roads\_MUNI\Design\preliminary\Cover_Summary.doc
Water Street Area Development
CITY OF YPSILANTI
6/8/2009
Preliminary Engineer's Opinion of Probable Cost

Option 1
     Water Street (Michigan Avenue to Parsons)
     River Street (Michigan Avenue through Parsons to proposed cul-de-sac)
     Parsons Street (Water Street to Park Street)

Assumptions
 1 Environmental remediation work not included.
 2 Site grading work not included.
 3 Storm sewer designed for full build-out condition with no detention. Individual developments
    will require pre-treatment devices.
 4 New sanitary sewer shall be designed to carry existing flow plus additional high density
    residential development.

PAVING DIVISION

Item   Description                                Quantity   Unit Cost        Total
   1   Station Grading                                    25 Sta    $1,000.00        $25,000.00
   2   Edge Drain                                     5500 Ft           $4.00        $22,000.00
   3   Aggregate Base                                14300 Syd          $8.00       $114,400.00
   4   4" HMA Pavement                                3100 Ton         $60.00       $186,000.00
   5   Concrete Curb & Gutter                         5500 Ft          $10.00        $55,000.00
   6   Sidewalk                                      49000 Sft          $3.00       $147,000.00

PAVING DIVISION TOTAL                                                                 $550,000.00


STORM SEWER DIVISION

Item   Description                                Quantity   Unit Cost        Total
   1   Inlets                                             20 Ea     $1,000.00          $20,000.00
   2   Manholes                                           14 Ea     $1,500.00          $21,000.00
   3   12" RCP Storm Sewer                              400 Ft         $30.00          $12,000.00
   4   15" RCP Storm Sewer                              250 Ft         $35.00           $8,750.00
   5   18" RCP Storm Sewer                              300 Ft         $40.00          $12,000.00
   6   21" RCP Storm Sewer                              375 Ft         $45.00          $16,875.00
   7   24" RCP Storm Sewer                              500 Ft         $50.00          $25,000.00
   8   30" RCP Storm Sewer                            1100 Ft          $55.00          $60,500.00

STORM SEWER DIVISION TOTAL                                                            $177,000.00




                                                                                                  Water Street
6/8/2009                                          Page 1 of 2                    Infrastructure Improvements
Water Street Area Development
CITY OF YPSILANTI
6/8/2009
Preliminary Engineer's Opinion of Probable Cost

Option 1
     Water Street (Michigan Avenue to Parsons)
     River Street (Michigan Avenue through Parsons to proposed cul-de-sac)
     Parsons Street (Water Street to Park Street)

WATER SUPPLY DIVISION

Item   Description                                 Quantity    Unit Cost         Total
   1   Water Main, 12" DIP                             2500 Ft            $70.00       $175,000.00
   2   Gate Valve & Box                                     7 Ea         $900.00         $6,300.00
   3   Fire Hydrant                                         5 Ea      $2,500.00         $12,500.00
   4   Services & Misc. Appurtenances                       1 Lsum $15,000.00           $15,000.00

WATER SUPPLY DIVISION TOTAL                                                            $209,000.00


WASTEWATER DIVISION

Item   Description                                 Quantity   Unit Cost        Total
   1   Rehabilitate (CIPP Liner) Existing Sewers         960 Ft         $50.00          $48,000.00
   2   Remove Existing Sanitary Sewer in ROW             500 Ft         $10.00           $5,000.00
   3   12" PVC Sanitary Sewer                          1200 Ft          $45.00          $54,000.00
   4   10" PVC Sanitary Sewer                            500 Ft         $50.00          $25,000.00
   5   4' Dia Manhole                                       6 Ea     $2,700.00          $16,200.00

SANITARY SEWER DIVISION TOTAL                                                          $149,000.00

Summary of Costs
   PAVING DIVISION TOTAL                                                               $550,000.00
   STORM SEWER DIVISION TOTAL                                                          $177,000.00
   WATER SUPPLY DIVISION TOTAL                                                         $209,000.00
   SANITARY SEWER DIVISION TOTAL                                                       $149,000.00

       SUBTOTAL                                                                     $1,085,000.00
       CONTINGENCY (20%)                                                             $217,000.00

TOTAL ESTIMATED CONSTURCTION COST                                                  $1,302,000.00




                                                                                                    Water Street
6/8/2009                                           Page 2 of 2                     Infrastructure Improvements
Water Street Area Development
CITY OF YPSILANTI
6/8/2009
Preliminary Engineer's Opinion of Probable Cost

Option 2
     Water Street (Michigan Avenue to Parsons)
     River Street (Michigan Avenue to Parsons )
     Parsons Street (Water Street to Park Street)

Assumptions
 1 Environmental remediation work not included.
 2 Site grading work not included.
 3 Storm sewer designed for full build-out condition with no detention. Individual
    developments will require pre-treatment devices.
 4 New sanitary sewer shall be designed to carry existing flow plus additional high density
    residential development.


PAVING DIVISION

Item   Description                                  Quantity   Unit Cost        Total
   1   Station Grading                                      21 Sta   $1,000.00        $21,000.00
   2   Edge Drain                                       4300 Ft           $4.00       $17,200.00
   3   Aggregate Base                                   9100 Syd          $8.00       $72,800.00
   4   4" HMA Pavement                                  1900 Ton         $60.00     $114,000.00
   5   Concrete Curb & Gutter                           4300 Ft          $10.00       $43,000.00
   6   Sidewalk                                        43000 Sft          $3.00     $129,000.00

PAVING DIVISION TOTAL                                                               $397,000.00


STORM SEWER DIVISION

Item   Description                                  Quantity   Unit Cost        Total
   1   Inlets                                               15 Ea    $1,000.00        $15,000.00
   2   Manholes                                             14 Ea    $1,500.00        $21,000.00
   3   12" RCP Storm Sewer                                300 Ft         $30.00        $9,000.00
   4   15" RCP Storm Sewer                                250 Ft         $35.00        $8,750.00
   5   18" RCP Storm Sewer                                300 Ft         $40.00       $12,000.00
   6   21" RCP Storm Sewer                                375 Ft         $45.00       $16,875.00
   7   24" RCP Storm Sewer                                500 Ft         $50.00       $25,000.00
   8   30" RCP Storm Sewer                              1100 Ft          $55.00       $60,500.00

STORM SEWER DIVISION TOTAL                                                          $169,000.00




                                                                                                     Water Street
6/8/2009                                            Page 1 of 2                     Infrastructure Improvements
Water Street Area Development
CITY OF YPSILANTI
6/8/2009
Preliminary Engineer's Opinion of Probable Cost

Option 2
     Water Street (Michigan Avenue to Parsons)
     River Street (Michigan Avenue to Parsons )
     Parsons Street (Water Street to Park Street)

WATER SUPPLY DIVISION

Item   Description                                  Quantity    Unit Cost        Total
   1   Water Main, 12" DIP                              2000 Ft           $70.00     $140,000.00
   2   Gate Valve & Box                                      7 Ea       $900.00         $6,300.00
   3   Fire Hydrant                                          5 Ea     $2,500.00        $12,500.00
   4   Services & Misc. Appurtenances                        1 Lsum $15,000.00         $15,000.00

WATER SUPPLY DIVISION TOTAL                                                          $174,000.00


WASTEWATER DIVISION

Item   Description                                  Quantity   Unit Cost        Total
   1   Rehabilitate (CIPP Liner) Existing Sewers          960 Ft         $50.00       $48,000.00
   2   Remove Existing Sanitary Sewer in ROW              500 Ft         $10.00        $5,000.00
   3   12" PVC Sanitary Sewer                           1200 Ft          $45.00       $54,000.00
   4   10" PVC Sanitary Sewer                             500 Ft         $50.00       $25,000.00
   5   4' Dia Manhole                                        6 Ea    $2,700.00        $16,200.00

SANITARY SEWER DIVISION TOTAL                                                        $149,000.00

Summary of Costs
   PAVING DIVISION TOTAL                                                             $397,000.00
   STORM SEWER DIVISION TOTAL                                                        $169,000.00
   WATER SUPPLY DIVISION TOTAL                                                       $174,000.00
   SANITARY SEWER DIVISION TOTAL                                                     $149,000.00

       SUBTOTAL                                                                      $889,000.00
       CONTINGENCY (20%)                                                             $177,800.00

TOTAL ESTIMATED CONSTURCTION COST                                                 $1,066,800.00




                                                                                                      Water Street
6/8/2009                                            Page 2 of 2                      Infrastructure Improvements
                      City of Ypsilanti
                      City Manager’s Office


                      Memorandum
To:             Mayor Schreiber and City Council Members

From:           April L. McGrath, Director of Administrative Services

Date:           March 11, 2010

Subject:        2010 Water Street Action Plan

On June 5, 2007 the first in a series of action plans was brought to City Council to begin the
revitalization of the Water Street Redevelopment Project. A second action plan was brought
to City Council on May 8, 2008 that was further detailed with specific outcomes. Both the
2007 and 2008 Action plan are attached to this memo.

As Council reviews the May 2008-December 2009 Annual Report it is exciting to see the
strides that the City has made on this project. However, there is more preparation that needs
to be completed to pave the way for development on the Water Street Redevelopment
Property. In an effort to continue to make redevelopment a priority staff will be adopting a
four point action plan to best prepare this site for potential developers.

      1. The brownfield plan adopted in 2006 was designed for the Freed plan, and needs to
         be updated to reflect the new strategy of allowing for multiple owners and phased
         development. The City is beginning the process of revising the Brownfield plan to
         reflect those changes, and provide up-to-date estimates for ongoing costs and
         brownfield TIF capture.

      2. The site currently maintains a variety of zoning districts that don’t necessarily reflect
         the future desired uses on the site. The Planning Commission had presented three
         potential zoning districts and map for the site, although there was concern regarding
         the flexibility of this zoning. Staff would like to revisit the discussion around future
         zoning, and potentially adopt text amendments of the zoning presented by the
         Planning Commission, and/or pursue other zoning to provide some certainty and a
         potentially quicker development process to interested investors.
   3. Remove the barriers to redevelopment through the following actions: Complete
      demolition and remediation as funds allow; secure financing for infrastructure through
      grants and/or sale of the Water Street Property; and research, market and educate
      potential developers on programs available to assist in financing i.e MBT Tax Credits
      Brownfield reimbursement, facilities bonds, etc.

   4. Continue to work with C.B. Richard Ellis to monitor and adjust our marketing of this
      site to maximize our exposure to developers

While the current Michigan economy has played a major role in our lack of viable
development there are still ample opportunities to prepare this site for future development.
The goal of the 2010 Water Street Action Plan is to ensure the Water Street Redevelopment
Project Area is redevelopment ready to ensure the best possible use for this site.
                                                 Resolution No. 2008-

                                                 May 8, 2008




RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI:

      WHEREAS, the City of Ypsilanti City Council adopted a Water Street Action Plan on June 5,
2007 and;

       WHEREAS, the City of Ypsilanti City Council held a work session on April 24, 2008 to discuss
updating the 2007 Water Street Redevelopment Project action plan to include the following seven
short-term action strategies in an effort to attract development for the Water Street Redevelopment
Project:

      1. Amend Master Plan to support phased development of individual parcels without overall
         concept plan

      2. Develop, adopt and implement new zoning district for approval by right

      3. Explore further the option to secure Washtenaw County BRA Revolving Loan Funds to pay
         for demolition and clean-up for approximately $650,000-750,000

      4. Explore further the option to demolish/clean-up of properties along Michigan Avenue (staff
         will make final recommendations based on thorough research of environmental issues and
         safety)

      5. Aggressive marketing of the property at Brownfield’s conference, signage on the property,
         removal of the fence

      6. Direct staff to develop and recommend criteria for vetting proposals with final criteria
         approval by City Council

      7. Direct staff to recommend a firm to develop a marketing study and possible brokerage of
         the property


THEREFORE BE IT RESOLVED that City Council support the seven short-term action items as discussed
at the April 24, 2008 City Council Work Session and allow staff to begin the implementation and
exploration of the above items.
OFFERED                        BY:



SUPPORTED                      BY:



YES:        NO:   ABSENT:   VOTE:
                                                                   As Amended
                                                       Resolution No. 2007 – 123
                                                                    June 5, 2007



RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI:

WHEREAS, The Water Street Redevelopment Project is one of the most
significant projects the City will undertake;

WHEREAS, The City has incurred substantial debt to assemble the site and
begin to prepare it for redevelopment but has not yet been successful in securing
a developer; and

WHEREAS, It is in the public interest to address the debt and seek private
investment;

NOW THEREFORE BE IT RESOLVED That the City Council supports the
following action plan and authorizes the City Manager to proceed with
immediately implementing it, recognizing that certain steps will require additional
City Council approval:


      1.     Use a variety of approaches to generate money to put toward the
             debt.
             a. First, set aside $250,000 of General Fund reserves in FY 2007-
                2008, and consider setting aside somewhat larger amounts in
                FY 2008-2009 and FY 2009-2010 to pay the FY 2009-2010 bond
                and loan payment. (This is in addition to funds necessary to
                cover property maintenance and occasional professional
                services associated with the site.)
             b. Identify additional City-owned properties that could be sold and
                aggressively try to do so, putting any net proceeds aside to pay
                Water Street debt.
             c. As a lower priority, consider selling a portion of the Water Street
                site if it can be done in a way so as not to negatively impact
                future development.
      2.     Take a new approach to finding private investment by hiring a
             national full-service real estate brokerage firm as soon as possible.
             a. Ask the firm to prepare a feasibility/marketing strategy to help
                target appropriate development, even if it entails some up-front
                cost.
             b. Be flexible regarding the uses that the site may accommodate.
              c. Consider selling to one developer or to a master developer who
                  would divide the property and sell to other developers. Also, be
                  willing to divide the property and sell to several developers.
       3.     Continue to remove or reduce barriers to redevelopment as funds
              allow.
              a. First priorities: Vacate old plats, eliminate the railroad spur
                  condition, and resolve the issue of SHPO review.
              b. Second priority: Build the trail and park, as resources allow.



OFFERED BY: __Council Member Nickels_______________________________

SUPPORTED BY:         Mayor Pro-Tem Swanson___________________________


YES: 6        NO: 0          ABSENT: 1 (Richardson)               VOTE: Carried



I do hereby certify that the above resolution is a true and correct copy of Resolution
2007-123 as passed by the Ypsilanti City Council, at their Meeting held on June 5, 2007.

                                            _______________________                   _
                                                  Frances McMullan, City Clerk
                     City of Ypsilanti
                     City Manager’s Office


                     Memorandum
To:          Mayor Schreiber and City Council Members

From:        April L. McGrath, Director of Administrative Services

Date:        March 12, 2010

Subject:     March 16, 2010 Water Street Update Miscellaneous Items

Demolition Update: A demolition update and time line will be discussed and presented by
Trevor Woollatt and John D’Addona from ETC.

Development Updates: Arthur Itkis from CBRE will be discussing their new reporting
mechanism for Water Street Activity. Attached is the March report that has deals in the
works, prospects, and users not interested, which you will find in the Grave Yard.

This list is part of the strategy for 2010, the users that we are pursuing are in various
categories, Medical, Day Care/Charter Schools, Student Housing, Senior Housing, Hospitality,
Residential Developers, Commercial Developers, and Retailers. These are the categories in
the attached list. CBRE is also ensuring that the Water Street Marketing information is kept
in front of the Southeast MI brokerage community each month via their company’s marketing
department that does monthly email blasts.

You will see at the top of the attached list is a line that states Campaign Logic, which has a
frequency of the emails going out the third week of each month as well as broker meetings.
These meetings are with various brokers who CBRE knows represent various users and
discuss who their active users are and see how they can become a part of the Water Street
Project.

See attached Activity Report.

Railroad Spur: The City has an agreement with Visteon regarding a railroad spur on the
Water Street Property. Edward Koryzno, Jr, City Manager has been working with
representatives of ACH to relieve the City of this obligation. Mr. Koryzno will provide an
update at the March 16, 2010 City Council meeting on the state of this agreement.
Grant Opportunities: The City applied for and received a grant from the Down River
Brownfield Consortium for the continued remediation of Water Street. We received the grant
for $200,000 but will only be requesting $150,000 to aid in the removal of the concrete slab
under the RIM Building. This grant will make $1,000,000 received in grant money in 2009 to
help assist in the demolition and clean up of the Water Street Site. We are still awaiting
formal approval by the EPA and will bring this to Council once its approved.

OHM and SEMCOG are working together to write a grant that focuses on funding the
infrastructure needs on Water Street. It is anticipated that the grant opportunity will open in
September 2010 and it is the intent that both OHM and SEMCOG will be making application
for the Water Street Property. As more information is available we will continue to keep City
Council updated.
                  Brokerage Activity Report - Water Street Property, Ypsilanti
                                        March, 2010

                                            Maintenance
Listing Expiration: 6/14/10
Campaign Logic frequency 3rd week of each month

                                        Active Prospects / Transactions
Lead
Broker   Status         Prospect                                    Notes                               Size

                                            As of 3-01-10 - Negotiating the purchase agreement
   AI       2           Bravo Kilo                                                                     1 Acres
                                                            and the site lay out.

                                             2-5-10: Put them in contact with Cap for funding.
   AI       2         Campus Crest           Sent us email that they are still interested and will    10.5 acres
                                                         work on getting the loan.

                     Carlo Co./ V.O.A.
  SY        A                                        As of 3-01-10, Reviewing the site.               3-5 acres
                      Senior Housing

                                               As of 2-5-10 - Aldi is re-evaluating their market
   AI       A         Megellen / Aldi
                                             position and on hold for now. Continue to follow up.

                     American Campus         Sent information and made intial contact. Following
   AI       A
                       Communities                            up for response

                                             Sent information and made intial contact. Following
   AI       A
                                                              up for response
                  ampus Communities Inc

                                             Sent information and made intial contact. Following
   AI       A        American House
                                                              up for response

                     American House /        Sent information and made intial contact. Following
   AI       A
                        REDICO                                up for response

                                             Sent information and made intial contact. Following
   AI       A         America's Kids
                                                              up for response

                                             Sent information and made intial contact. Following
   AI       A         Amurcon Corp.
                                                              up for response

                                             Sent information and made intial contact. Following
   AI       A       Archon Development
                                                              up for response

                                             Sent information and made intial contact. Following
   AI       A       ARCO Construction
                                                              up for response

                                             Sent information and made intial contact. Following
   AI       A          ATMF Corp
                                                              up for response

                                             Sent information and made intial contact. Following
   AI       A       AVIA by Lodgeworks
                                                              up for response

                                             Sent information and made intial contact. Following
   AI       A           Beaumont
                                                              up for response




           Status Key: 1 - Lease/PA Executed; 2 - Negotiations; A - Prospect; B - Inquire; C - Dead
Lead
Broker   Status         Prospect                                  Notes                               Size

                                            Sent information and made intial contact. Following
  AI        A     Beztak Land Company
                                                             up for response

                                            Sent information and made intial contact. Following
  AI        A         Blackrock, Inc.
                                                             up for response

                                            Sent information and made intial contact. Following
  AI        A      Bleznak Associates
                                                             up for response

                                            Sent information and made intial contact. Following
  AI        A     Brookdale / ClairBridge
                                                             up for response

                                            Sent information and made intial contact. Following
  AI        A        Burton Katzman
                                                             up for response

                                            Sent information and made intial contact. Following
  AI        A      Cambridge Investors
                                                             up for response

                                            Sent information and made intial contact. Following
  AI        A      Campus Acquisitions
                                                             up for response

                                            Sent information and made intial contact. Following
  AI        A         Campus Crest
                                                             up for response

                                            Sent information and made intial contact. Following
  AI        A      Campus Suites LLC
                                                             up for response

                  CBRE Student Housing Sent information and made intial contact. Following
  AI        A
                        Group                           up for response

                                            Sent information and made intial contact. Following
  AI        A      Centrum Properties
                                                             up for response

                                            Sent information and made intial contact. Following
  AI        A           Childtime
                                                             up for response

                       Choice Hotels
                  International - Cambria
                      Suites, Clarion,
                   Comfort Inn, Comfort Sent information and made intial contact. Following
  AI        A
                   Suites, Econo Lodge,                  up for response
                     Main Stay Suites,
                   Quality, Roadway Inn,
                         Sleep Inn

                    Church Resource         Sent information and made intial contact. Following
  AI        A
                    Network - Broker                         up for response

                                            Sent information and made intial contact. Following
  AI        A     Continential Properties
                                                             up for response

                                            Sent information and made intial contact. Following
  AI        A     Detroit Medical Center
                                                             up for response




           Status Key: 1 - Lease/PA Executed; 2 - Negotiations; A - Prospect; B - Inquire; C - Dead
Lead
Broker   Status         Prospect                                  Notes                               Size

                                            Sent information and made intial contact. Following
  AI        A           Don Casto
                                                             up for response

                                            Sent information and made intial contact. Following
  AI        A           EB Realty
                                                             up for response

                                            Sent information and made intial contact. Following
  AI        A         ECI Advisors
                                                             up for response

                                            Sent information and made intial contact. Following
  AI        A     Education Realty Trust
                                                             up for response

                                            Sent information and made intial contact. Following
  AI        A     Edwards Communities
                                                             up for response

                    Edwards Student
                                        Sent information and made intial contact. Following
  AI        A     Housing (in Columbus,
                                                         up for response
                           OH)

                  Elmhaven / Associated Sent information and made intial contact. Following
  AI        A
                      Management                         up for response

                                            Sent information and made intial contact. Following
  AI        A     Erickson Communities
                                                             up for response

                                            Sent information and made intial contact. Following
  AI        A     First Hospitality Group
                                                             up for response

                       Forest City          Sent information and made intial contact. Following
  AI        A
                      Development                            up for response

                                            Sent information and made intial contact. Following
  AI        A       Formittable Group
                                                             up for response

                       Fred Pearce          Sent information and made intial contact. Following
  AI        A
                       Compmany                              up for response

                                            Sent information and made intial contact. Following
  AI        A       GK Development
                                                             up for response

                    Greystone Senior        Sent information and made intial contact. Following
  AI        A
                         Living                              up for response

                                            Sent information and made intial contact. Following
  AI        A          Henry Ford
                                                             up for response

                  Heritage of Southfield /
                                           Sent information and made intial contact. Following
  AI        A     Park Place @ Heritage
                                                            up for response
                          Village




           Status Key: 1 - Lease/PA Executed; 2 - Negotiations; A - Prospect; B - Inquire; C - Dead
Lead
Broker   Status          Prospect                               Notes                                 Size
                  Hilton - Conrad Hotels,
                    Doubletree Hotels,
                      Embassy Suites,
                                          Sent information and made intial contact. Following
  AI        A     Garden Inn, Hampton
                                                           up for response
                     Inn, Hilton, Hilton
                        Garden Inn,
                    Homewood Suites

                     Hotel Sierra by        Sent information and made intial contact. Following
  AI        A
                      Lodgeworks                             up for response

                   Hyatt - Grand Hyatt,
                    Hyatt Place, Hyatt
                                            Sent information and made intial contact. Following
  AI        A        Regency, Hyatt
                                                             up for response
                   Summerfield Suites,
                       Park Hyatt

                                            Sent information and made intial contact. Following
  AI        A           IBT Group
                                                             up for response

                  InterContinental Hotel
                   Group - Candlewood
                  Suites, Crowne Plaza,
                   Holiday Inn, Holiday     Sent information and made intial contact. Following
  AI        A
                    Inn express, Hotel                       up for response
                          Indigo,
                     InterContinental,
                    Staybridge Suites

                                            Sent information and made intial contact. Following
  AI        A      Jarratt Architecture
                                                             up for response

                                            Sent information and made intial contact. Following
  AI        A         Joseph Freed
                                                             up for response

                                            Sent information and made intial contact. Following
  AI        A       Kaftan Enterprises
                                                             up for response

                                            Sent information and made intial contact. Following
  AI        A          KinderCare
                                                             up for response

                     LNR (Owned by          Sent information and made intial contact. Following
  AI        A
                       Cerberus)                             up for response

                                            Sent information and made intial contact. Following
  AI        A         Loft Properties
                                                             up for response

                   Marriott - Courtyard,
                    Fairfield Inn, JW
                    Marriott, Marriott
                    Hotels & resorts,       Sent information and made intial contact. Following
  AI        A
                    Renaissance Inn,                         up for response
                  Spring Hill Suites, The
                   Ritz Carlton, Towne
                       Place Suites

                                            Sent information and made intial contact. Following
  AI        A            McLaren
                                                             up for response




           Status Key: 1 - Lease/PA Executed; 2 - Negotiations; A - Prospect; B - Inquire; C - Dead
Lead
Broker   Status         Prospect                                  Notes                               Size

                                            Sent information and made intial contact. Following
  AI        A     Miller Valentine Group
                                                             up for response

                   MKK Technologies,        Sent information and made intial contact. Following
  AI        A
                         Inc.                                up for response

                    National Heritage       Sent information and made intial contact. Following
  AI        A
                        Academy                              up for response

                                            Sent information and made intial contact. Following
  AI        A           Oakwood
                                                             up for response

                                            Sent information and made intial contact. Following
  AI        A        Oliver McMillan
                                                             up for response

                                            Sent information and made intial contact. Following
  AI        A          Opus North
                                                             up for response

                     Palatine Capital       Sent information and made intial contact. Following
  AI        A
                        Partners                             up for response

                       Pannatoni            Sent information and made intial contact. Following
  AI        A
                      Development                            up for response

                                            Sent information and made intial contact. Following
  AI        A     Pine Tree Commercial
                                                             up for response

                                            Sent information and made intial contact. Following
  AI        A      Presbyterian Villages
                                                             up for response

                                            Sent information and made intial contact. Following
  AI        A          Providence
                                                             up for response

                  Rainbow Rascals Child Sent information and made intial contact. Following
  AI        A
                          Care                           up for response

                                            Sent information and made intial contact. Following
  AI        A           Reenders
                                                             up for response

                                            Sent information and made intial contact. Following
  AI        A            St. John
                                                             up for response

                   Starwood - aloft, The
                    Element (Extended       Sent information and made intial contact. Following
  AI        A
                    Stay), Sheraton, W                       up for response
                      Hotels, Westin
                                            Sent information and made intial contact. Following
  AI        A     Sunrise Assisted Living
                                                             up for response

                      The Learning          Sent information and made intial contact. Following
  AI        A
                       Experience                            up for response

                                            Sent information and made intial contact. Following
  AI        A      The Preiss Company
                                                             up for response




           Status Key: 1 - Lease/PA Executed; 2 - Negotiations; A - Prospect; B - Inquire; C - Dead
Lead
Broker   Status        Prospect                                   Notes                               Size
                  The Preiss Company -
                                            Sent information and made intial contact. Following
  AI        A     Student Housing Dev
                                                             up for response
                     (Charlotte, NC)

                                            Sent information and made intial contact. Following
  AI        A     Tinelle Properties, LLC
                                                             up for response

                                            Sent information and made intial contact. Following
  AI        A     Trinity Health System
                                                             up for response

                                            Sent information and made intial contact. Following
  AI        A           Tutor Time
                                                             up for response

                      U of M Athletic       Sent information and made intial contact. Following
  AI        A
                       Department                            up for response

                                            Sent information and made intial contact. Following
  AI        A     University of Michigan
                                                             up for response

                                            Sent information and made intial contact. Following
  AI        A        University Trust
                                                             up for response

                                            Sent information and made intial contact. Following
  AI        A        University Trust
                                                             up for response

                                            Sent information and made intial contact. Following
  AI        A     Valiant Partners, LLC
                                                             up for response

                                            Sent information and made intial contact. Following
  AI        A      Veterans of America
                                                             up for response

                                            Sent information and made intial contact. Following
  AI        A         Waldenwood
                                                             up for response

                                            Sent information and made intial contact. Following
  AI        A         White Logging
                                                             up for response

                     Windemere Park         Sent information and made intial contact. Following
  AI        A
                      Senior Living                          up for response

                                            Sent information and made intial contact. Following
  AI        A        Zaremba Group
                                                             up for response




                                                 Grave Yard
  SY        C          Zingerman's            9-17-08;Drew sent info, set a meeting for 9/25


                  2Mission Design and       9-17-08; Drew sent info, requested a meeting, 10-8-
  SY        C        Development                          08 Follow up meeting




           Status Key: 1 - Lease/PA Executed; 2 - Negotiations; A - Prospect; B - Inquire; C - Dead
Lead
Broker   Status         Prospect                                 Notes                                Size

                                            9-17-08; Drew received info from Brian on local
  DC        C                                               restaurateurs

                                          9-18-08; emailed marketing information. Interested
                                                in free land deal for 3 story residential.
  SY        C



  SY        C           Bar Louie               9-24-08; emailed marketing information

                                         9-24-08; emailed marketing information, followed up
  SY        C            Broker                             on interest

                                          9-24-08; Drew sent additional info to Lou, will follow
  SY        C            Rite Aid                                 up

                                            9-29-08; Scott met with Michael and Bruce and
  SY        C            Broker                             presented site

                                         10-8-08; Drew followed up on interest with Jim's lead-
  SY        C           Baseball              Brian Parker with potential stadium interest



  SY        C            Broker                 10-8-08; emailed marketing information




           Status Key: 1 - Lease/PA Executed; 2 - Negotiations; A - Prospect; B - Inquire; C - Dead
                                           REQUEST FOR LEGISLATION
                                               February 18, 2010

                      From: Planning and Development Department

                      Subject: Edison Power Plant Historic District Ordinance



SUMMARY & BACKGROUND:

The Edison Power Plant, located in Peninsular Park, is significant under National Register
Criterion A for its importance in the industrial development of Ypsilanti and Criterion C as a
representative example of the Brick Commercial style of architecture of the early 20th
Century. A report of the Historic District Committee regarding the Edison Power Plant was
presented to City Council in January 2010.

The Historic District Commission requests that the Council adopt the amendment and
include the Edison Power Plant as part of the Ypsilanti Historic District. In addition to the
historic significance of the structure, it is the hope of the Commission that this inclusion in
the District will allow for the possibility of grants, tax credits, and heightened visibility
which will allow for the rehabilitation and restoration of the powerhouse to be used for a
community area. The Commission would like to note that this amendment would not
include the dam, but only the Powerhouse.

Please contact Anne Stevenson, HDC Assistant with any questions you may have
regarding this amendment, at 734-483-9646 or by email to hdcintern@cityofypsilanti.com.

RECOMMENDED ACTION: Approval

ATTACHMENTS:
     Draft Ordinance Language
     Resolution to approve on first reading


CITY MANAGER APPROVAL:                             COUNCIL AGENDA DATE: 03-16-10


CITY MANAGER COMMENTS:


FINANCE DIRECTOR APPROVAL:
                                                               Resolution No. 2010-037
                                                                        March 16, 2010




RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI:

THAT the proposed ordinance entitled "Edison Power Plant Historic District" be approved
on First Reading.




OFFERED BY: ___________________________________________________________

SUPPORTED BY: __________________________________________________________

AYES:            NAYS:               ABSENT:              VOTE:
                                                                                         Ordinance No. 1116


An Ordinance Entitled “Edison Power Plant Historic District”

     1. THE CITY OF YPSILANTI ORDAINS:

                That Chapter 54, Historical Preservation, of the Code of Ordinances, City of Ypsilanti
                Michigan, be amended as follows:

        Add text to the title of Article II HISTORIC DISTRICT*:

        Add new section to the ordinance:

        Sec. 54-35. Edison Power Plant Historic District

        The following designated area within the City of Ypsilanti is hereby designated a historic district
        and shall be subject to the terms, conditions and requirements of Chapter 54 of the City of
        Ypsilanti Code:

        The Edison Power Plant Historic District is hereby established and is bounded and described as
        follows:

        Parcel #:           11-11-05-100-013
        Property Address:   Leforge Street
        Description: YPC 1W-386A (011) LAND COM AT A POINT 1337.84 S OF THE NE COR,
        SEC 5, TO APOB, TH W 223 FT, TH N 50 FTTH W 117.56 FT TH N 226.97 FT, TH W 1056
        FT TO THE LEFT BANK OF THE HURON RIVERTH E'LY ALG THE LEFT BANK OFHURON
        RIVER TO THE E LN OF SEC 5, TH N 260 FT MORE OR LESS TO POB. T3S R7E.

        Secs 54-36—54-40. Reserved.

2.       Severability.          If any clause, sentence, section, paragraph, or part of this
        ordinance, or the application thereof to any person, firm, corporation, legal entity, or
        circumstances, shall be for any reason adjudged by a court of competent jurisdiction to
        be unconstitutional or invalid, such judgment shall not effect, impair, or invalidate the
        remainder of this Ordinance and the application of such provision to other persons,
        firms, corporations, legal entities, or circumstances by such judgment shall be confined
        in its operation to the clause, sentence, section, paragraph, or part of this Ordinance
        thereof directly involved in the case or controversy in which such judgment shall have
        been rendered and to the person, firm, corporation, legal entity, or circumstances then
        and there involved. It is hereby declared to be the legislative intent of this body that the
        Ordinance would have been adopted had such invalid or unconstitutional provisions not
        have been included in this Ordinance.

3.      Repeal. All other Ordinances inconsistent with the provisions of this Ordinance are, to
        the extent of such inconsistencies, hereby repealed.

4.      Savings Clause. The balance of the Code of Ordinances, City of Ypsilanti, Michigan,
        except as herein or previously amended, shall remain in full force and effect. The repeal
        provided herein shall not abrogate or affect any offense or act committed or done, or
     any penalty or forfeiture incurred, or any pending fee, assessments, litigation, or
     prosecution of any right established, occurring prior to the effective date hereof.

5.   Copies to be available.        Copies of the Ordinance are available at the office of the
     city clerk for inspection by, and distribution to, the public during normal office hours. A
     complete copy of the ordinance is also available for inspection on the City’s website,
     www.cityofypsilanti.com.

6.   Publication and Effective Date. The City Clerk shall cause this Ordinance, or a
     summary of this Ordinance, to be published by printing the same in the publication of
     record. This Ordinance shall become effective after publication at the expiration of 30
     days after adoption.



     MADE, PASSED AND ADOPTED BY THE YPSILANTI CITY COUNCIL THIS ________ DAY OF
     ___________________, 2010.

                                           ______________________________
                                           Frances McMullan, City Clerk


                                            Attest

     I do hereby confirm that the above Ordinance No.______ was published in
     __________________________________________________ on the __________ day of
     ______________________, 2010.

                                           _______________________________
                                           Frances McMullan, City Clerk


                                CERTIFICATE OF ADOPTING

     I hereby certify that the foregoing is a true copy of the Ordinance passed at the regular
     meeting of the City Council held on the _____ day of ________________, 2010.

                                           ________________________________
                                           Frances McMullan, City Clerk


     Notice Published:         03/04/2010________________

     First Reading:            03/16/2010_________________

     Second Reading: _________________________________

     Published: ______________________________________

     Effective Date: __________________________________
                                                                Resolution No. 2010-038
                                                                         March 16, 2010




RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI:

THAT the public hearing for the proposed ordinance entitled "Edison Power Plant Historic
District" be closed.




OFFERED BY: ___________________________________________________________

SUPPORTED BY: __________________________________________________________

AYES:            NAYS:               ABSENT:               VOTE:
                                                             Resolution No. 2010 - 039
                                                                       March 16, 2010




RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI:

That the Minutes of March 2 and March 9, 2010 be approved.




OFFERED BY:

SUPPORTED BY:

YES:               NO:         ABSENT:             VOTE:
                                                                                          Draft

                                        CITY OF YPSILANTI
                                   COUNCIL MEETING MINUTES
                          CITY COUNCIL CHAMBERS - ONE SOUTH HURON ST.
                                       YPSILANTI, MI 48197
                                    TUESDAY, MARCH 2, 2010
                                   CLOSED SESSION – 6:30 P.M.
                                    OPEN SESSION - 7:00 P.M.



  I.      CALL TO ORDER

          The meeting was called to order at 6:35 p.m.

 II.      ROLL CALL

          Council   Member    Bodary          Present (6:40) Council Member Robb                      Present
          Council   Member    Murdock         Present        Mayor Pro-Tem Swanson-Winston            Present
          Council   Member    Nickels         Present        Mayor Schreiber                          Present
          Council   Member    Richardson      Present

          Mayor Pro-Tem Swanson-Winston moved, supported by Council Member Nickels to excuse the
          absence. Motion carried.

III.      INVOCATION

          The Mayor asked all to stand for a moment of silence.

 IV.      PLEDGE OF ALLEGIANCE

          “I pledge allegiance to the flag, of the United States of America, and to the Republic for which it
          stands, one nation, under God, indivisible, with liberty and justice for all.”

 V.       CLOSED SESSION – (6:30 – 7:00 p.m.)

          Closed Session to discuss union negotiations. (OMA 15.268, Sections 8(c).

          On roll call, the vote to adjourn to closed session was as follows:

                    Council   Member   Bodary        Absent          Council Member Robb                        Yes
                    Council   Member   Murdock       Yes             Mayor Pro-Tem Swanson-Winston              Yes
                    Council   Member   Nickels       Yes             Mayor Schreiber                            Yes
                    Council   Member   Richardson    Yes

          VOTE:

          Yes:      6         No: 0           Absent: 1 (Bodary)     Vote:      Carried

          The meeting adjourned to closed session at 6:37 p.m.

          The meeting reconvened to open session at 7:20 p.m.

  City Council Meeting Minutes
  March 2, 2010                                                                                      1
VI.       INTRODUCTIONS

          Mayor Schreiber introduced Fire Chief Ichesco and Former Ypsilanti School Board Member
          Cameron Getto.

VII.      AGENDA APPROVAL

          Mayor Pro-Tem Swanson-Winston moved, supported by Council Member Bodary to approve the
          agenda. Motion carried. The agenda was approved as presented.

VIII.     PRESENTATIONS

          None

 IX.      AUDIENCE PARTICIPATION

          1. Cameron Getto, 305 Maple, expressed concern about the state of the Thompson building, the
             proposed uses for the building, and traffic. He said the building is an eyesore and that
             corner cannot remain as is for another long period.

          2. Barbara Hale said it was hard for city trucks to remove snow in February due to the current
             situation surrounding the Thompson building. She said the City spent a lot of money trying
             to clear the area. She said she understands the developer is having financial problems;
             however the city would not tolerate this behavior from others.

          3. Gary Clark said the city has shown good intentions toward Mr. Beal regarding the Thompson
             building and in return there has been no positive action. He said the City should keep the
             parts of the building that are viable and knock down the other parts and replace it with green
             space or an artist rendering of the old site.

  X.      REMARKS BY THE MAYOR

          Mayor Schreiber appreciated the speakers for their comments regarding the Thompson building.

 XI.      MINUTES

          Resolution No. 2010-031, approving the minutes of February 16, 2010.

                  RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI:

                  That the Minutes of February 16, 2010 be approved.

        OFFERED BY: Mayor Pro-Tem Swanson-Winston
        SUPPORTED BY: Council Member Nickels

        Council Member Richardson pointed out the following corrections:

        Page 8 - City manager gave instead of have an overview.
        Page 12 – Gibson instead of Gilbert
        Page 5 - Ebani Lawrey instead of Ebani Laurie

        The minutes were approved as corrected.

 City Council Meeting Minutes
 March 2, 2010                                                                                   2
       XII.        RESOLUTIONS/MOTIONS/DISCUSSIONS

                   1. Resolution No. 2010-033, approving Ordinance No. 1115 vacating a portion of
                      Collegewood Dr. (Second Reading)

                            RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI:

                            That an ordinance to relinquish all right, title and interest in the
                            unimproved portion of Collegewood Drive in favor of Eastern
                            Michigan University be approved on Second and Final Reading.

                                           Ordinance No. 1115

An ordinance to relinquish all right, title and interest in the unimproved portion of Collegewood
Drive in favor of Eastern Michigan University.

1. THE CITY OF YPSILANTI ORDAINS that a new section be added to the Ypsilanti City Code as
   follows:

    Section 94-300, Vacation of Streets and Alleys.

         94-301. Collegewood Vacation. The City of Ypsilanti hereby vacates, abandons,
         and relinquishes the City of Ypsilanti’s interest in the unimproved portion of
         Collegewood Drive, proceeding westerly from Lot 63 of University Estates to the
         intersection of Hewitt Road, in favor of Eastern Michigan University.

OFFERED BY: Council Member Bodary
SUPPORTED BY: Council Member Nickels

City Attorney John Barr gave an overview of the ordinance.

On roll call, the vote to approve Ordinance No. 1115 at Second Reading was as follows:

         Council   Member   Murdock       Yes     Mayor Pro-Tem Swanson-Winston          Yes
         Council   Member   Nickels       Yes     Council Member Bodary                  Yes
         Council   Member   Richardson    Yes     Mayor Schreiber                        Yes
         Council   Member   Robb          No

VOTE:

Yes:     6         No:      1 (Robb)      Absent: 0      Vote:   Carried

         2. Resolution No. 2010-034, approving Traffic Control Order for 400 N. River Street.

                   RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI:

                   Whereas there exists at North River and Cross Streets certain shoring
                   materials for the Thompson Building located at 400-414 North River Street
                   required to stabilize the structure because of a previous fire and;

                   Whereas the City has requested the owner to sign an agreement containing
                   commitments addressing the removal of the support system in the right-of-


City Council Meeting Minutes
March 2, 2010                                                                                   3
                way, providing a performance bond, penalties for failure to act and dates
                corresponding to specific actions taken and;

                Whereas the owner provided a written response to the city’s proposed
                agreement that was non committal and did not provide the necessary
                assurances to the city for continued use of the right-of way,

                Now Therefore Be it resolved that city Council directs the City Attorney to
                initiate action to require the owner of 400 N. River Street to remove the
                support system from the city’s right-of-way.

        OFFERED BY: Council Member Murdock
        SUPPORTED BY: Council Member Richardson

        City Manager Koryzno gave an overview.

        Stewart Beal asked City Council to vote down the proposed resolution to allow him and the City
        Manager to work out a plan. He stated he was presented with 15 points to meet and it is
        impossible for him to accomplish them all, even with financial support. He said he can accomplish
        12 out of 15. He submitted a letter in response to the requests. (Letter on file in City Clerk’s
        Office)

        Mr. Beal answered questions from City Council and said he is agreeable to discuss a performance
        bond only, not demolition as included in the city’s agreement.

        Mayor Schreiber said he feels there are three issues to settle; the bond, dates for completion of
        work and details of what the facade would look like.

        Mr. Beal explained how River Street traffic would be addressed and referred to his February 2,
        2010 letter. He said he believes he and Mr. Koryzno can reach an agreement on how to move
        from the right-of-way and they have resources to do that. He said they do not have resources to
        renovate.

        Council Member Bodary said he feels that the three items that Mr. Beal cannot perform are the
        most important ones. He said the building is an eyesore to the neighborhood. He said Mr. Beal’s
        outside requisition of properties seems to be more important than the Thompson building and he
        will not support the resolution.

        Council Member Robb asked Mr. Beal to clarify the March and August dates and what the façade
        will look like.

        Mr. Beal said he would provide elevations.

        Council Member Robb expressed concerns of safety and whether the façade would be rebuilt.

        Council Member Murdock said he will support the resolution as presented. He said City Council
        has gone to the limit on everything and there is a credibility gap with the owner. He said going
        to court does not mean an agreement cannot be reached. He recommended that the city move
        on.

        Council Member Bodary concurred with Council Member Murdock and commented the request for
        an extended TCO until November will move the dates back.


City Council Meeting Minutes
March 2, 2010                                                                                    4
        Council Member Richardson admired Mr. Beal for taking on the project from the beginning and
        said the fire was an unfortunate event.

        Mayor Pro-Tem Swanson-Winston questioned the value in pursuing legal action.

        City Manager Koryzno explained the intent of the resolution is to bring resolution to the issue.

        Council Member Robb said court is an excellent way to negotiate progress.

        Council Member Nickels spoke in favor of continued talks between Mr. Beal and Mr. Koryzno to
        reach an acceptable agreement.

        Mayor Schreiber said he would vote “no”. He said there are still some negotiations that can be
        accomplished.

        Council Member Richardson said she would like to see the city and Mr. Beal come to a workable
        agreement and the resolution does not negate negotiations.

        Mayor Pro-Tem Swanson-Winston said it is only fair to give Mr. Beal more time to work out an
        agreement with the city. She said Mr. Beal is doing an extraordinary job just taking on the project
        and it takes time to rebuild.

        Council Member Richardson said the building, as it currently stands, does not present a good
        image of the city and asked what could be done before or by festival time.

        Mr. Beal answered he will not demolish the building. He said February is construction time and
        come festival time it will look vastly improved. He said if the city goes to court the judge will ask
        him what is reasonable to accomplish the city’s goals and negotiations will begin but he prefers
        to resolve the negotiations now.

        Council Member Richardson said City Council is not trying to be unfair, just being mindful of its
        responsibility to the city and its residents. She asked Mr. Barr to explain how this issue would
        play out in court.

        Mr. Barr stated the law says it is illegal to obstruct the city’s right-of-way. He said the building is
        there now only because of the TCO but when it expires Mr. Beal is in the city right-of-way
        without permission and the ordinance said it is a nuisance and can be abated. He said the City
        has been very successful in having the court order abatement. He said the City could be in court
        in two weeks on a show-cause order. He said the intent is to get an agreement with good
        safeguards in it and going to court is a way to force the issue. He said the court can place
        sanctions if an agreement is not upheld and it is unusual for the court to say that a private
        person can do whatever they want to on a city street.

        Council Member Nickels said the developer’s feet are to the fire in both scenarios and a deal will
        be cut either way.

        Council Member Robb said the TCO expires tomorrow, if voted down what happens next?

        Mr. Koryzno answered if the resolution is voted down he and Mr. Beal can still sit down and
        attempt to reach an agreement with dates. He said he would then ask City Council to set a
        special meeting to consider the agreement.

        On a roll call, the vote to approve Resolution No. 2010-034 was as follow:

City Council Meeting Minutes
March 2, 2010                                                                                        5
                 Council Member Nickels                   No       Council Member Bodary          Yes
                 Council Member Richardson                Yes      Council Member Murdock         Yes
                 Council Member Robb                      Yes      Mayor Schreiber                No
                 Mayor Pro-Tem Swanson-Winston            No

         VOTE:

         Yes:    4       No: 3 (Nickels, Swanson-Winston, Schreiber)      Absent: 0        Vote: Carried

                 3. Resolution No. 2010-035, approving appointments to Boards and Commissions.

                         RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI:

                         THAT, the following individuals be appointed to the City of Ypsilanti
                         Boards and Commissions as indicated below:

                 NAME                             BOARD                              TERM TO EXPIRE

         1.      Alex Pettit                      Historic District Commission             1/31/2013
                 945 Sheridan                     (reappointment)
                 Ypsilanti, MI 48197

         2.      Robert Oliver                    Civil Service Commission                 2/15/2011
                 712 Cornell                      (replacing David Robinson)
                 Ypsilanti, MI 48197

         OFFERED BY: Council Member Nickels
         SUPPORTED BY: Mayor Pro-Tem Swanson-Winston

         On roll call, the vote to approve Resolution No. 2010-035 was as follows:

                 Council Member Richardson                Yes      Council Member Murdock         Yes
                 Council Member Robb                      Yes      Council Member Nickels         Yes
                 Mayor Pro-Tem Swanson-Winston            Yes      Mayor Schreiber                Yes
                 Council Member Bodary                    Yes

         VOTE:

         Yes:    7       No: 0           Absent: 0                 Vote: Carried

XIII.    LIASON REPORTS

         A.      SEMCOG Update – None

         B.      Washtenaw Area Transportation Study – Council Member Nickels reported that the Ann
                 Arbor-Detroit rail will not begin in October 2010 as planned due to funding issues
                 therefore the needed siding cannot be constructed however the rail will run for some
                 scheduled events beginning this fall.

         C.      Washtenaw Metro Alliance – Council Member Robb said a meeting was intended for
                 March but has not been announced. He said they might meet in May.



 City Council Meeting Minutes
 March 2, 2010                                                                                   6
         D.      Washtenaw County Land Bank – Mayor Schreiber reported there is still not a full board
                 and the two County Commissioners still have not been seated. He said a meeting is
                 scheduled for Friday morning.

XIV.     COUNCIL PROPOSED BUSINESS

         RICHARDSON

         Council Member Richardson reported on the Aerotropolis meeting held on Monday and said
         officers and executive committee members were elected. She gave the dates for the upcoming
         meetings to be held on the first Monday of March, June and the second Monday of September.

         Mr. Koryzno added that the city was precluded from serving in any office because of dues.

         Council Member Richardson said she attended the second Tuesday breakfast on today and Mr.
         Dingell spoke and touched on major issues and pledged to bring stimulus and job money to the
         city.

         Council Member Richardson announced the largest EMU game will be held on Thursday night
         when the basketball team will play CMU in the MAC championship. The cost is $3 which includes
         hot dog, drink and ticket.

         MURDOCK

         Council Member Murdock commented that he received his assessment notice and this is the first
         time in 30 years that his taxable value went down and is now equal to the assessed value.

         ROBB

         Council Member Robb reported he attended the EMU game on Saturday.

         Council Member Robb explained the new Google Fiber initiative being undertaken by the City of
         Ann Arbor and asked Mr. Koryzno to speak with the City of Ann Arbor to possibly have the City of
         Ypsilanti included in the project.

         Mr. Robb reported that the bicycle rack by Eagle’s Market is down and asked who is responsible
         for removal of graffiti on traffic signs.

         Mr. Koryzno answered the city is responsible for the removal of the graffiti.

         Mr. Robb pointed out that the assessment software online is not accurate and said he recently
         recognized changes at 103 N. Adams that were not updated on the software. He asked if people
         are living at 103 Adams illegally and said if so the city can fine them every day.

         Mr. Robb requested that Planning and Historic District Commission meeting packets be placed
         online prior to meetings.

         BODARY

         Council Member Bodary said he has received emails from College Heights residents about the
         problems with the city website for reporting problems and issues. He proposed using the


 City Council Meeting Minutes
 March 2, 2010                                                                                  7
           seequickfix.com site because you can see how many complaints have been launched or fixing the
           city’s existing software so that it interfaces with citizens better.

           Mr. Bodary announced a Recreation Commission meeting will be held on Thursday to discuss
           goals and directions. He said the Commission will be talking about park use fees and the use of
           them. He invited all to come to the meeting and offer input.

           NICKELS

           Council Member Nickels reported that Mr. Gibson and the Heritage Festival have reached an
           agreement for face painting at the upcoming festival and the deposit has been secured.

           MAYOR PRO-TEM SWANSON-WINSTON

           Mayor Pro-Tem Swanson-Winston reported she and Council Member Richardson attended the
           57th Annual Brotherhood Banquet and it was a successful, well attended event.

           Mrs. Swanson-Winston announced a weekend gala March 12-14 in celebration of the 90th
           birthday of Rev. S.L. Roberson. The weekend will consist of a banquet on March 12, concert on
           March 13 and church service on March 14th. She invited those interested in attending to contact
           Metropolitan Baptist Church for tickets.

 XV.       COMMUNICATIONS FROM THE MAYOR

           Mayor Schreiber stated he received his tax assessment and his taxes were reduced also. He
           asked Mr. Koryzno if there are any financial updates related to the proposed assessments.

           Mr. Koryzno answered he is waiting for Ms. Uy to provide the updated financials.

           Regarding the quickfix.com site suggestion, Mr. Schreiber stated the city currently has a system
           set up that sends an email to April McGrath when complaints or requests for service are received.

XVI.       COMMUNICATIONS FROM THE CITY MANAGER

           Mr. Koryzno stated the Downtown Development Association (DDA) has been in discussion with
           staff regarding taking on parking on a permanent basis and contracting with the city for some
           type of enforcement. He said Council would have to adopt a resolution and he is willing to
           prepare one for the March 16th meeting.

           He said he would be in touch with Council prior to March 16 to receive direction.

           Council Member Richardson asked if the DDA will be responsible for repairs also.

           Mr. Koryzno answered yes. He said he will soon sit down with the DDA to discuss parking
           services in the entire downtown district.

XVII.      AUDIENCE PARTICIPATION

           1. Mr. Getto thanked City Council for making the right decision regarding the Thompson
              building and said if the project is economically dependent on a bar/restaurant, he is not
              certain what the outcome will be. He said any business will need a liquor license and have to
              comply with other outstanding issues, and any of the issues could be a deal killer.


   City Council Meeting Minutes
   March 2, 2010                                                                                   8
XIII.     REMARKS FROM THE MAYOR

          Mayor Schreiber appreciated Mr. Getto’s comments.

XIV.      ADJOURNMENT

          Resolution No. 2010-036, adjourning the City Council Meeting.

                    RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI:

                    That the City Council Meeting be adjourned, on call, by the Mayor or two (2)
                    members of Council.

  OFFERED BY: Mayor Pro-Tem Swanson-Winston
  SUPPORTED BY: Council Member Nickels

  Motion carried.

  The meeting was adjourned at 9:13 p.m.




  City Council Meeting Minutes
  March 2, 2010                                                                           9
                                                                                                         Draft

                                                CITY OF YPSILANTI
                                        SPECIAL COUNCIL MEETING MINUTES
                                              CITY COUNCIL CHAMBERS
                                   ONE SOUTH HURON STREET, YPSILANTI, MI 48197
                                             TUESDAY, MARCH 9, 2010
                                                    6:00 P.M.


    I.      CALL TO ORDER

            The meeting was called to order at 6:00 p.m.

    II.     ROLL CALL

            Council   Member   Bodary       Present         Council Member Robb                    Present
            Council   Member   Murdock      Present         Mayor Pro-Tem Swanson-Winston          Present
            Council   Member   Nickels      Present         Mayor Schreiber                        Present
            Council   Member   Richardson   Present

    III.    READING OF THE CALL - City Clerk

            The formal call for Special Meeting is on file in the City Clerk’s Office.

   IV.      INVOCATION

            Mayor Schreiber asked all to stand for a moment of silence.

   V.       PLEDGE OF ALLEGIANCE

            “I pledge allegiance to the flag, of the United States of America, and to the Republic for
            which it stands, one nation, under God, indivisible, with liberty and justice for all.”

   VI.     AUDIENCE PARTICIPATION

           None

   VII.    REMARKS BY THE MAYOR

           None

   VIII.   CLOSED SESSION

           Closed Session to discuss labor negotiations, per OMA 15.268, Section 8(c).

           On roll call, the vote to adjourn to closed session was as follows:

                Council   Member   Murdock            Yes   Mayor Pro-Tem Swanson-Winston          Yes
                Council   Member   Nickels            Yes   Council Member Bodary                  Yes
                Council   Member   Richardson         Yes   Mayor Schreiber                        Yes
                Council   Member   Robb               Yes


Special City Council Meeting Minutes
March 9, 2010                                                                                     1
           VOTE:

           Yes: 7        No: 0         Absent: 0              Vote: Carried

           The meeting adjourned to closed session at 6:03 p.m.

   IX.     AUDIENCE PARTICIPATION

           None

   X.      REMARKS BY THE MAYOR

           None

   XI.     ADJOURNMENT

           Mayor Pro-Tem Swanson-Winston moved, supported by Council Member that the meeting be
           adjourned. Motion carried.

           The meeting was adjourned at 7:28 p.m.




Special City Council Meeting Minutes
March 9, 2010                                                                           2
                                REQUEST FOR LEGISLATION
                                     March 16, 2010



FROM:         Stan Kirton, Director of Public Services

SUBJECT:      Proposed Agreement with the Ann Arbor YMCA

Background:

During the summer of 2008, the Ann Arbor YMCA initiated a pilot program for youth
recreation in Recreation Park. The program was successful and the YMCA expanded this
summer program into a year-around recreation program for youths in the community in
2009.

The YMCA provided recreational programs in Recreation and Prospect Parks last summer
and is interested in implementing a year-around program during 2010 and 2011. They have
been working with the Ypsilanti Public Schools for several years and are providing programs
in the schools.

The City Attorney prepared the attached agreement, which has been reviewed and
approved by the YMCA. The agreement calls for the YMCA to provide youth recreation
programming in city parks. In return, the City will assume no cost for the programs. The
YMCA will charge a fee to program participants using their normal guidelines.

The programming and agreement were discussed at the March 4th Recreation Commission
meeting and the Commission recommends approval. This agreement will run from two
years of date of signing and will be renewable in two year increments with the expressed
written approval of both parties.

Recommendation: That City Council considers approving the proposed agreement with the
Ann Arbor YMCA to provide recreation programming for youth in City Parks during 2010 and
2011.

Attachments: Proposed Agreement with Ann Arbor YMCA, proposed resolution

Council Agenda Date: March 16, 2010        Council Agenda Item No.____________

City Manager Approval: _______________________________

City Manager Comments:

Finance Director Approval: ____________________________
                                                                Resolution No. 2010-040
                                                                         March 16, 2010




RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI:

Whereas, due to reduced General Fund, revenues the City of Ypsilanti eliminated
recreational programming for the City’s youth; and

Whereas, financial contributions from foundations, businesses, non-profits and
individuals, combined with contributions of time from many volunteers in the City, have
kept the City’s recreational facilities open; and

Whereas, during 2009, the Ann Arbor YMCA provided Summer Camps at Recreation and
Prospects Parks, and continued with Fall and Winter Programs in these parks as well as
Adams, East Middle, and Chapelle Schools; and

Whereas, the Ann Arbor YMCA desires to continue to provide recreational opportunities
for area youth during 2010 and 2011; including youth basketball at Adams and Erickson
Elementary Schools, youth flag football at Adams and Erikson Elementary Schools,
Youth in Government at West and East Middle Schools, Healthy Kids Day at East Middle
School, 3 on 3 basketball at Parkridge Community Center, Afterschool Fitness at East
Middle School, and summer camps at two to four sites for eight weeks; and

Whereas, the City of Ypsilanti desires to offer the use of City park facilities to the Ann
Arbor YMCA in return for providing recreational opportunities for area youth at no
charge;

Now Therefore Be it Resolved that the City Council approves the agreement with the
Ann Arbor YMCA to provide recreational opportunities during 2010 and 2011 to area
youth in City parks at no cost to the City.


OFFERED BY: __________________________________________________

SUPPORTED BY: ________________________________________________

YES:                NO:                  ABSENT:                     VOTE:
                                CONTRACT FOR RECREATIONAL SERVICES
                                     FOR THE CITY OF YPSILANTI
                                  AND LIMITED LICENSING OF PARKS
                                             2010-2011

       This Agreement is made this ______ day of ______, 2010, between THE CITY
OF YPSILANTI, a Michigan home-rule municipal corporation of One South Huron Street,
Ypsilanti, MI 48197, hereinafter referred to as “CITY,” and the ANN ARBOR YMCA, a
Michigan      Nonprofit     Corporation,     of     400     W     Washington    St
Ann Arbor, MI 48103:
        WHEREAS the CITY is desirous of acquiring recreational services for the benefit
of its citizens, and the YMCA desires to provide recreational service for the benefit of
Ypsilanti citizens, and to use city-owned parks and property to provide such recreational
services and to further its mission, and
       WHEREAS the YMCA has supplied recreational service during 2009 and the
parties are willing to continue their agreement, now therefore:
    IT IS AGREED AS FOLLOWS:

       1.      YMCA, for the sole and total consideration of the use of city parks, shall
provide regular recreational services at some or all public parks within the City of
Ypsilanti, excluding Riverside Park and Frog Island Park.
         2.     CITY hereby does license the YMCA to use city parks and recreation
facilities to conduct reasonable and regular recreational activities at city parks according
to a schedule to be provided, without other prior approval from city council, city
manager, or otherwise.
       3.     The parties agree that since YMCA is providing services for CITY, YMCA is
not subject to the CITY “special events” ordinance. YMCA shall abide by and obey all
other City ordinances, rules and regulations.
       4.     YMCA agrees to provide CITY with a schedule of activities to take place
within city parks three months in advance of the programs start dates.
        5.    In the event of any conflict of scheduling or other reason, YMCA agrees to
abide by all stop orders of the City Manager and immediately cease and desist from any
activity upon direction of the City Manager.
      6.      This agreement shall run for the 2010 and 2011 Calendar Year, and will
be renewable in two year increments with the express written approval of both parties.
The parties furthermore understand and agree that either party may terminate this
contract at any time with thirty days notice.
      7.    The parties understand that individuals hired by the YMCA are not
employees of the CITY. They are employees of the YMCA.
         8.        YMCA is an independent contractor and all of its officers, employees,
 S:\Clerk's Office\CITY COUNCIL MEETINGS\2010 City Council Meetings\03-16-10\YMCA provide recreation in parks contract2010 (2).doc
agents or contractors are not employees of the CITY.
       9.       YMCA agrees to defend, indemnify and hold harmless the CITY and its
agents, employees and representatives from and against any and all costs, losses,
claims, liabilities, fines, expenses, penalties and damages for personal injury or property
damages, including reasonable attorney fees (of an attorney agreeable to both parties),
in connection with or resulting from:
                a. The negligent acts or omissions of the YMCA or its agents or
                   representatives in connection with the performance of this Contract; or,
                b. YMCA’s failure to substantially perform or observe any covenant,
                   agreement or condition required under this Contract; or,
                c. Any other costs arising out of YMCA’s performance of its duties under this
                   Contract.
                d. YMCA, at its own cost, is required to provide to the CITY a certificate of
                   primary insurance with the following limits of liability:
                e. Worker’s Compensation:                                                          Statutory
                f. Employer’s Liability
                         i. Each Accident:                                                         $500,000.00
                        ii. Disease, Policy Limit                                                  $500,000.00
                       iii. Disease, Each Employee                                                 $500,000.00
                g. General Liability
                         i. Each Occurrence (injury/property damage)                               $1,000,000.00
                        ii. General Aggregate:                                                     $4,000,000.00
                h. Excess Liability                                                                $2,000,000.00
          10.      The CITY must be listed as an additional insured on the YMCA’s insurance
policy.
       11.    YMCA shall be required to pay all deductibles for any claims submitted,
including but not limited to the $10,000 Self Insured Retention payment.
      12.    All insurance policies shall be by Michigan companies or companies
admitted to do business in the State of Michigan.
       13.   This Contract is to be performed in Washtenaw County, Michigan, and all
legal venue shall exclusively lie therein.
       14.    The rights and obligations under this Contract are personal to the parties
privy to the Contract may not be assigned nor transferred in any way. YMCA further
agrees not to subcontract its duties set forth in Paragraph 1 to another party.
       15.   The invalidity or unenforceability of any particular provision of this
Contract shall not affect the other provisions hereof, and this Contract shall be
construed in all respects as if such invalid or unenforceable provision were omitted.
          16.      This Contract is the sole Contract and Agreement between the parties.
 S:\Clerk's Office\CITY COUNCIL MEETINGS\2010 City Council Meetings\03-16-10\YMCA provide recreation in parks contract2010 (2).doc
Any changes, additions or deletions shall not be effective or actionable unless they are
in writing and signed by the parties.


      IN WITNESS WHEREOF, the undersigned have set their hands this _____ day of
____________, 2010.


    In the presence of:
                                                           ANN ARBOR YMCA

__________________________                                 BY: ______________________________

___________________________


                                                           THE CITY OF YPSILANTI

__________________________                                 BY:
                                                                     Edward B. Koryzno, Jr., City Manager




APPROVED AS TO FORM:


KARL A. BARR P-57467
Assistant Ypsilanti City Attorney




 S:\Clerk's Office\CITY COUNCIL MEETINGS\2010 City Council Meetings\03-16-10\YMCA provide recreation in parks contract2010 (2).doc
                                   REQUEST FOR LEGISLATION
                                        March 16, 2010




From: Stan Kirton, Director of Public Services

Subject: MDOT Contract No. 10-5116 for Reconstruction of N. Mansfield between
Congress and Westmoorland Streets

SUMMARY AND BACKGROUND:

2009 AARA funds have been programmed for the reconstruction of N. Mansfield Street
between Congress and Westmoorland Streets in the 2010 construction season. This
project is funded by $557,000 of AARA Transportation Improvement Funds allocated to
the City of Ypsilanti and Ypsilanti Charter Township through WATS from MDOT. This
project is anticipated to include milling, resurfacing, selective sidewalk, curb/gutter,
water main improvements, and drainage improvement repairs.

This road improvement project will be coordinated with Ypsilanti Community Utilities
Authority to include water main replacement. Estimated cost for water main
replacement is $265,000.00. Water main improvements for this project are not eligible
for AARA funding and will be funded by YCUA.

The FY 09-10 budget allocated funding for the design which was cost shared 50-50 with
Ypsilanti Charter Township. Construction engineering services for this project is an
eligible item for funding.

Attachments: MDOT Contract No. 10-5116

Recommended Action: Approval

Date Received: ________________________ Agenda Item No.: __2010-042____

City Manager Comments: ____________________________________________

For Agenda of _March 16, 2010_____ Finance Director Approval _____________

Council Action Taken: ______________________________________________
                                                            Resolution No. 2010-041
                                                                     March 16, 2010




RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI:

WHEREAS, Federal Surface Transportation Program - Urban funding has been
programmed in the Washtenaw County Transportation Improvement Program for
resurfacing, selective curb/gutter and drainage improvements to Mansfield
Street between Congress and Westmoorland Streets in the year 2012
construction season; and

WHEREAS, the 2009 -10 Federal Economic Stimulus Package includes funds for
transportation improvements; and

WHEREAS, Michigan Department of Transportation has appropriated American
Recovery and Reinvestment Act (ARRA) Transportation Improvement Funds for
Washtenaw County through the Washtenaw Area Transportation Study (WATS)
for the 2010 construction year; and

WHEREAS, the east side of this portion of N. Mansfield Street is within the
Ypsilanti City limits and the west side of this portion of N. Mansfield is within the
Ypsilanti Charter Township limits, who is represented by the Washtenaw County
Road Commission (WCRC); and

WHEREAS, the WCRC will use their portion of ARRA transportation improvement
fund allocation to cost share the eligible items 50-50 with the City of Ypsilanti
and;

WHEREAS, the total project costs not to exceed $557,000 of AARA Funds shall
be applied to eligible items;

NOW, THEREFORE, BE IT RESOLVED THAT the City Council approves the
execution of this contract with MDOT to comply with regulations and directives
mandated for the use of AARA funds; and
THAT the Mayor and City Clerk are authorized to sign this contract, subject to
review and approval by the City Attorney; and

THAT the City Manager is authorized to sign any change orders that may be
needed to maintain the project’s schedule, subject to review and approval by the
City Attorney.
OFFERED BY:_____________________________________________________

SUPPORTED BY: _________________________________________________

YES:           NO:            ABSENT:                VOTE:
                                 REQUEST FOR LEGISLATION




FROM:     Stan Kirton, Director of Public Services_ DATE: March 16, 2010

SUBJECT: Purchase of One (1) Freightliner M2 07 EPA Heavy Duty Truck Chassis

The 2009-2010 fiscal year budget includes funds of $130,000 to purchase a heavy duty truck
with a tailgate salt spreader with ground speed controls, diagnostic software with data link and
an underbody snow plow attachment. This truck will be used by the street division during
winter surface maintenance activities.

This truck will replace vehicle #105, a 2001 Sterling Truck put in service in 2000, with 23,617
odometer miles and 2,960 hours which is equivalent to 97,680 miles.

The Department of Public Services has received purchase pricing from Wolverine Truck Sales,
Inc. of Dearborn, Michigan for a 2011 Freightliner M2 Chassis 07 EPA single axle chassis for a
total purchase price of $68,550.00. The 2011 Freightliner M2 Chassis 07 EPA single axle chassis
meets all specifications required. The City will realize a significant cost savings ($7,300.00) by
purchasing this chassis with the 07 EPA emission standards as opposed to a chassis with the
011 EPA emissions standards. It is strongly recommended to purchase this at this time.

I will come before council for approval to purchase the body and attachments for this chassis at
a later time.

ATTACHMENTS: Resolution, Wolverine Truck Sales, Inc. Purchase Proposal/Invoice

RECOMMENDATION: APPROVAL


======================================================


DATE RECEIVED: March 10, 2010               AGENDA ITEM NO:__2010-043________

CITY MANAGER COMMENTS: __________________________________________

FINANCE DIRECTOR APPROVAL: _________________________________________

FOR AGENDA OF: March 16, 2010

COUNCIL ACTION TAKEN: ___________________________________________
                                                             Resolution No. 2010-042
                                                                      March 16, 2010




RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI:

WHEREAS, a purchase proposal was received from Wolverine Truck Sales, Inc., of
Dearborn, Michigan, for the purchase of a 2011 Freightliner M2 07 EPA Chassis for use
in the Department of Public Works Streets Division for winter surface maintenance
activities for a total amount of $68,550; and

WHEREAS, the purchase cost of $68,550 is very favorable and in the best interest of
the City to purchase this vehicle; and

NOW THEREFORE, BE IT RESOLVED THAT, the Ypsilanti City Council approves the
purchase of one 2011 Freightliner M2 Chassis 07 EPA from Wolverine Truck Sales, Inc.

FURTHER, that the $68,550.00 to purchase this vehicle be expended from the $130,000
budgeted in account 641-9320-987-10;

THAT the City Manager is authorized to sign the purchase proposal and any change
orders, subject to approval by the City Attorney, to complete the purchase of this
vehicle.



OFFERED BY:


SUPPORTED BY:

YES:         NO:          ABSENT:             VOTE:
                                       REQUEST FOR LEGISLATION
                                            March 9, 2010


FROM: Frances M. McMullan, City Clerk

SUBJECT: Approval of Retainer Agreement between the City of Ypsilanti and
Governmental Consultant Services, Inc.

SUMMARY & BACKGROUND:

Attached is the proposed retainer agreement between the City and Governmental
Consultant Services, Inc. for lobbying services beginning January 1, 2010. The
agreement reflects Council’s request for a reduction in cost.

The agreement sets annual compensation for services at $34,200.00 commencing
January 1, 2010 through June 30, 2011 and $36,000.00 commencing July 1, 2011 for
the remainder of the agreement.

Please feel free to contact Frances McMullan, City Clerk at 734-483-1100 or by email at
fmcmullan@cityofypsilanti.com with any questions or concerns regarding this matter.

RECOMMENDED ACTION: Approval

ATTACHMENTS:          Resolution No. 20 –
                      Retainer Agreement between City of Ypsilanti and GCSI

COUNCIL AGENDA DATE: March 16, 2010

CITY MANAGER COMMENTS:

CITY MANAGER APPROVAL:

FINANCE DIRECTOR APPROVAL: __________________________________
                                                             Resolution No. 2010-043
                                                                      March 16, 2010




RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI:

WHEREAS, Ypsilanti City Council has requested that compensation for professional
services provided by GCSI be reduced from the pre-existing annual amount of
$36,000.00; and

WHEREAS, the proposed retainer agreement sets compensation at $34,200.00
commencing January 1, 2010 – June 30, 2011, and $36,000.00 commencing from July
1, 2011 and for the remainder of the agreement.

NOW, THEREFORE, BE IT RESOLVED THAT the City Council approves the retainer
agreement between the City of Ypsilanti and Governmental Consultant Services, Inc.
for professional services beginning January 1, 2010 and authorizes the Mayor and City
Clerk to sign the agreement.




OFFERED BY:

SUPPORTED BY:

YES:                NO:                 ABSENT:                   VOTE:
                                                               Resolution No. 2010-044
                                                                        March 16, 2010




RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI:

WHEREAS, Google has issued a Request for Information (RFI) to identify communities
in which to build an ultra-high-speed broadband network as part of a pilot project; and

WHEREAS, Google will select a small number of locations throughout the United States
to deliver internet speeds more than 100 times faster than what most Americans have
access to today with 1 gigabit per second, fiber-to-the-home connections; and

WHEREAS, the City of Ann Arbor is an ideal candidate for the Google Fiber for
Communities program and would benefit significantly from this opportunity; and

WHEREAS, this program would provide the City of Ann Arbor and by extension, the
entire Washtenaw County with an opportunity to bridge the gaps in broadband network
access and help address the inequalities between groups in the ability to fully utilize
information technology; and

WHEREAS, the improvements in the broadband network infrastructure would enable
Washtenaw County to continue to transform itself into a leader in the high-tech industry
and use its resources to create job opportunities through the development of next-
generation, bandwidth-intensive applications as well as new deployment techniques;
and

WHEREAS, the City of Ypsilanti supports innovative initiatives that may contribute to
enhancing quality of life, creating jobs, or improving working relationships with
neighboring municipalities;

NOW THEREFORE BE IT RESOLVED that Ypsilanti City Council supports the goals of
the Google Fiber project, supports the City of Ann Arbor's application to become a pilot
community for the Google Fiber project, and encourages the residents of the City of
Ypsilanti to participate in the campaign to bring the Google Fiber project to Washtenaw
County.


OFFERED BY:

SUPPORTED BY:

YES:                NO:                 ABSENT:                     VOTE:
                                                             Resolution No. 2010- 046
                                                                       March 16, 2010




RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI:

That the City Council Meeting be adjourned, on call, by the Mayor or two (2) members
of Council.




OFFERED BY:

SUPPORTED BY:

YES:               NO:                 ABSENT:                   VOTE:

				
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posted:11/1/2012
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