Operating Agreement Llc Geogia

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					                                                                                                            REVISED
                                                                                                           (10/20/09)
                                           CITY OF YPSILANTI
                                       COUNCIL MEETING AGENDA
                             CITY COUNCIL CHAMBERS - ONE SOUTH HURON ST.
                                          YPSILANTI, MI 48197
                                      TUESDAY, OCTOBER 20, 2009
                                                7:00 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.      INTRODUCTIONS –

VI.     AGENDA APPROVAL –

VII.    PRESENTATION –

        1. Proclamation proclaiming October 11-17, 2009 Ypsilanti Area Jaycees Week

        2. Proclamation honoring the Friends of Prospect Park

        3. Update on the 2009-2010 State of Michigan budget process – Kirk Profit, GCSI

VIII.   PUBLIC HEARINGS -

        1. A resolution to approve creation of an Obsolete Property Rehabilitation Exemption District for parcel
           #11-11-09-130-023 (301 N. Lincoln)

            A. Resolution No. 2009-226, determination
            B. Open public hearing
            C. Resolution No. 2009-227, close public hearing

        2. A resolution to approve an Obsolete Property Rehabilitation Exemption Certificate to Bertram Design,
           LLC for parcel #11-11-09-130-023 (301 N. Lincoln)

            A. Resolution No. 2009-228, determination
            B. Open public hearing
            C. Resolution No. 2009-229, close public hearing

                                                                                                                      1
IX.    ORDINANCES – FIRST READING
                                                                                           Ordinance No. 1112
       1.      An ordinance to rezone property at 487 Owendale from R1, Single Family Residential District, to
               B2, Community Business District.

               A. Resolution No. 2009-230, determination
               B. Open public hearing
               C. Resolution No. 2009-231, close public hearing
                                                                                                 Ordinance No. 1113
       2.      An ordinance to allow Bee Keeping in the City of Ypsilanti.

               A. Resolution No. 2009-232, determination
               B. Open public hearing
               C. Resolution No. 2009-233, close public hearing

                                                                                                Ordinance No. 1114
       3.      An ordinance to adopt text amendments to the Zoning Ordinance to more clearly and flexibly
               accommodate artistic uses, including various types of studios, gallery, and performance uses.

               A. Resolution No. 2009-234, determination
               B. Open public hearing
               C. Resolution No. 2009-235, close public hearing

X.     AUDIENCE PARTICIPATION –

XI.    REMARKS BY THE MAYOR –

XII.   CONSENT AGENDA -                                                                    Resolution No. 2009-236

       1. Resolution No. 2009-219, approving the participation agreement with McLeodUSA
          Telecommunications Services, Inc. d/b/a PAETEC.

       2. Resolution No. 2009-237, approving Ordinance No. 1107, an ordinance to amend Chapter 18, entitled
          “Buildings and Building Regulations” by amending Article VI, “Inspection and Control of Certain
          Buildings,” Division 1, “Generally” of the City of Ypsilanti Code of Ordinances. (Second Reading)

       3. Resolution No. 2009-238, approving Ordinance No. 1108, an ordinance to amend Chapter 1, entitled
          “General Provisions” of the City of Ypsilanti Code of Ordinances. (Second Reading)

       4. Resolution No. 2009-239, approving Ordinance No. 1109, an ordinance to amend Chapter 18, entitled
          “Buildings and Building Regulations”, Article V, “Property Maintenance Code” of the City of Ypsilanti
          Code of Ordinances. (Second Reading)

       5. Resolution No. 2009-240, approving Ordinance 1110, an ordinance to amend Chapter 18, entitled
          “Buildings and Building Regulations”, Article III, “State Construction Code”, of the City of Ypsilanti Code
          of Ordinances. (Second Reading)

       6. Resolution No. 2009-241, approving Ordinance 1111, an ordinance to amend Chapter 18, entitled
          “Buildings and Buildings Regulations”, Article IV, “Electrical Code”, of the City of Ypsilanti Code of
          Ordinances. (Second Reading)




                                                                                                                     2
        7. Resolution No. 2009-243, approving application to Department of Energy (DOE) for Energy Efficiency
           and Conservation Grant (EECBG) funds

        8. Resolution No. 2009-244, approving 2010 City Council Meeting Schedule.

XIII.   MINUTES –

        Resolution No. 2009-245, approving the minutes of October 6, 2009.

XIV.    RESOLUTIONS/MOTIONS/DISCUSSIONS –

        1. Resolution No. 2009-246, approving modified Ypsilanti Housing Commission PILOT payment
           amount.

        2. Resolution No. 2009-247, amending the civil infraction fines for violation of the snow removal
           ordinance.

        3. Resolution No. 2009-248, approving administrative fees relating to the snow removal ordinance.


        4. Resolution No. 2009-242A, setting policy that all subcommittees and advisory committees of the City
           Council and commissions whose members are appointed by city council resolution are subject to the
           Open Meetings Act.

        5. Resolution No. 2009-242, approving DDA Bylaws.

XV.     LIASON REPORTS -

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

XVI.    COUNCIL PROPOSED BUSINESS –

XVII. COMMUNICATIONS FROM THE MAYOR -

XVIII. COMMUNICATIONS FROM THE CITY MANAGER –

XIX.    AUDIENCE PARTICIPATION -

XX.     REMARKS FROM THE MAYOR –

XXI.    ADJOURNMENT -

        A. Resolution No. 2009-249, adjourning the City Council Meeting




                                                                                                                 3
                                       REQUEST FOR LEGISLATION
                                           October 15, 2009


FROM:               Administrative Services, Teresa Gillotti MSUE Urban Collaborator

SUBJECT:            Approval of OPRA district and OPRA application for parcel number
                    11-11-09-130-023, 301 N. Lincoln St.


BACKGROUND:          Bertram Design, LLC, is a metalsmithing business that focuses on
creating functional and non-functional art along with metal repair and fabrication.

Bertram Design, LLC, purchased the property at 301 N. Lincoln in July of 2009, with plans to
redevelop the property into a functioning workshop. They contacted the city this regarding
their plans this summer, and requested information on tax incentives that might help them
redevelop a formerly vacant and obsolete property.

Representatives of Bertram Design, LLC contacted the city assessor to determine if the
property would qualify as obsolete, and received an affidavit from City Assessor, Sharon
Doom, on Aug. 7th, 2009, certifying the property as functionally obsolete. This qualified the
parcel, #11-11-09-130-023 to be considered for an Obsolete Property Rehabilitation
Abatement (OPRA). A copy of the affidavit is attached.

On August, 26, 2009, Melissa Bertram, one of the owners of Bertram Design, LLC
requested the creation of an OPRA District, with the intent of applying for an OPRA tax
exemption upon creation of the district. The Clerk’s office received the application for the
OPRA on parcel #11-11-09-130-023, on Oct. 13, 2009. The request for a tax exemption
was for 8 years.

Bertram Design describes the improvement they intend to make to the property in this way:

      The improvements we plan to make will take an obsolete and unused property and
      turn it into a functioning workshop; thus raising the value of this property and the
      surrounding properties, a benefit to the community. We will responsibly employ
      contractors, labors and potentially employees locally, when possible. Responsible
      employment means a safe environment, a living wage, equal opportunity and
      opportunities for education and skill development.

      This property is an old building that needs a lot to make it functional. It is a shell
      today; in need of utilities, roof, insulation, floor, bathroom, proper lighting, exits and
      security. Because we are funding the project, without the tax abatement, this project
      would not be possible as it would not be worth the investment risk. The investment is
      high; especially when you intend to employ energy efficient materials and
      methodologies, which we intend to do wherever possible. We propose a two year
      rehabilitation project, with a Certificate of Occupancy achieved at the end of the
      project.

                                                                                               1
The Review committee met on October 15, 2009. The review team consisted of April
McGrath, Director of Administrative Services; Richard Murphy, Planning Manager; Sharon
Doom, City Assessor, and Teresa Gillotti, MSU Extension Urban Collaborator.

Bertram Design is requesting a Obsolete Property Rehabilitation Tax Exemption for 8 years.
The OPRA would effectively freeze the value of the improvements on the property at the
2009 assessed value, or approximately $16,361, for the life of the abatement. The incentive
is allowing the improvements not to be taxed for 8 years. According to the analysis provided
by the City Assessor, the estimated value of the exemption over 8 years is approximately
$28,319, or about $3,500 a year. The portion of this that is revenue foregone to the City's
general fund over the life of the abatement is estimated at $8,023

The review team recommends both the creation of the OPRA district, and approval of the
OPRA tax exemption for Bertram Design, LLC, and for the exemption period to last eight
years, effectively 2010 to 2017.

Please contact April McGrath, Assistant City Manager, or Teresa Gillotti, MSU Extension
Urban Collaborator, if you have any questions regarding this proposal at (734) 483-9646.


RECOMMENDED ACTION:              Approval of OPRA District for 301 N. Lincoln St., and
                                 approval of OPRA tax exemption for Bertram Design, LLC

Attachments:        Bertram Design, LLC application packet
                    Bertram Design, LLC OPRA Review Sheet 10/15/09
                    Affidavit of obsolescence
                    Copy of Resolution creating IDD District
                    Resolution 2009-226, Create OPRA District
                    Resolution 2009-228, Approve Bertram Design, LLC OPRA application



Council Agenda Date: October 20, 2009

Council Agenda Item No._2009-226 and 2009-228_______

City Manager Approval: _______________________________

City Manager Comments:

Finance Director Approval: ____________________________




                                                                                          2
            Obsolete Property Rehabilitation Act (OPRA) (PA 146) Tax Exemption
                                       Application Review Worksheet

Property Address__301 N. Lincoln St.                                     Date October 15, 2009

Business/ Applicant name       Bertram Design, LLC

Is the applicant current on tax        Staff verified no outstanding issues.
payments?

Is the property a commercial           Commercial property, zoned workshop studio.
property or a commercial housing
property?


Does the property meet the             Affidavit verifying obsolescence granted Aug. 7th, 2009
definition of “blighted” or
“functionally obsolete” as defined
by the Brownfield Redevelopment
Financing Act of 1996? Briefly
explain.

Is the company a new economy           Bertram Design, LLC is committed to advancing skilled
business or an innovative              trades including metalsmithing in both the traditional repair
business model? Is it a green          and crafting work, as well as the crafting of functional and
technology? Describe.                  non-functional art.

                                       Bertram Design, LLC is also interested in providing studio
                                       space to other practitioners of craft trades.



Number or percentage of jobs           Expecting to create 4 jobs, and intend to hire locally when
created by project for resident of     possible.
Ypsilanti?
(includes contractors and sub
contractors)

What salaries are being offered to     From letter from Bertram Design, LLC:
employees?
(living wage or better?)               “We will responsibly employ contractors, labors, and
2008 – Living wage is $10/hour         potentially employees locally, when possible. Responsible
without health insurance and           employment means a safe environment, a living wage,
$8.50/ hour with health insurance      equal opportunity and opportunities for education and skill
                                    development.”




Are there opportunities for         See above.
advancement,
and/ or training opportunities
available to employees? Describe
or List




(Historic District Only)Has the     N/A
project been approved by Historic
District Commission?
Date of approval? (please note
any conditions of approval)

Has a Certificate of Occupancy      Certificate of Occupancy expected upon completion of
been obtained?                      improvements.
What was the date granted?

List reasons given by applicant     From applicant letter:
that Tax Abatement is necessary
for project to occur.               “Given the state of the economy, the uncertainty of the financial
                                    market, and the grim outlook of the real estate market, the
                                    opportunity for local government to help property owners and
                                    small businesses invest in the community is timely. It
                                    guarantees future tax revenue increases for the city, which
                                    increases the health of the city and the community…

                                    We request the Obsolete Property Rehabilitation Tax Exemption
                                    for a period of eight years; allowing us to repay our loan(s) and
                                    to recoup much of our investment…

                                    While our scope is not as large as some others, the benefits of
                                    OPRA to the project are the same. A tax abatement allows us to
                                    offset our investment risk and makes the project feasible.”
EST. PROPERTY TAXES WITH ABATEMENT

Jul-09                         MILLAGE LAND VALUE      TAX      BLDG VALUE      TAX      REHAB VALUE    YRS 1-6   YRS 7-8

GENERAL OPERATING               19.0211    9,913     $188.56         16,361 $311.20            32,500   EXEMPT    EXEMPT
POLICE & FIRE PENSION           5.1481     9,913     $51.03          16,361 $84.23             32,500   EXEMPT    EXEMPT
SANITATION                      2.7814     9,913     $27.57          16,361 $45.51             32,500   EXEMPT    EXEMPT
STREET IMPROVEMENT 01           1.9097     9,913     $18.93          16,361 $31.24             32,500   EXEMPT    EXEMPT
STREET IMPROVEMENT 03           1.9989     9,913     $19.82          16,361 $32.70             32,500   EXEMPT    EXEMPT

CITY TOTAL                      30.8592    9,913     $305.91         16,361 $504.89            32,500 EXEMPT      EXEMPT

LIBRARY                         2.1575     9,913     $21.39          16,361 $35.30             32,500   EXEMPT    EXEMPT
WCC                             3.6856     9,913     $36.54          16,361 $60.30             32,500   EXEMPT    EXEMPT
SCHOOL OPER                     18.0000    9,913     $178.43         16,361 EXEMPT             32,500   $292.50   $585.00
SCHOOL DEBT                     6.2000     9,913     $61.46          16,361 $101.44            32,500   EXEMPT    EXEMPT
STATE ED                        6.0000     9,913     $59.48          16,361 EXEMPT             32,500    $97.50   $195.00
WISD                            3.9745     9,913     $39.40          16,361 $65.03             32,500   EXEMPT    EXEMPT
COUNTY                          4.5493     9,913     $45.10          16,361 $74.43             32,500   EXEMPT    EXEMPT

Dec-08
PARKS                           0.7379     9,913      $7.31          16,361    $12.07          32,500 EXEMPT      EXEMPT
EECS 800 MHZ                    0.2000     9,913      $1.98          16,361    $3.27           32,500 EXEMPT      EXEMPT
HCMA                            0.2146     9,913      $2.13          16,361    $3.51           32,500 EXEMPT      EXEMPT

TOTALS                          76.5786              $759.12                   $860.24                  $390.00   $780.00


ESTIMATED PROPERTY TAXES OVER 8 YEAR ABATED PERIOD $16,854.90    $6,072.99
                                                                   $6,881.91
                                                                   $2,340.00
                                                                   $1,560.00
ESTIMATED PROPERTY TAXES

Jul-09                     MILLAGE   2010 EST TV

GENERAL OPERATING          19.0211     45,300
POLICE & FIRE PENSION      5.1481      45,300
SANITATION                 2.7814      45,300
STREET IMPROVEMENT 01      1.9097      45,300
STREET IMPROVEMENT 03      1.9989      45,300

CITY TOTAL                 30.8592     45,300

LIBRARY                    2.1575      45,300
WCC                        3.6856      45,300
SCHOOL OPER                18.0000     45,300
SCHOOL DEBT                6.2000      45,300
STATE ED                   6.0000      45,300
WISD                       3.9745      45,300
COUNTY                     4.5493      45,300

Dec-08
PARKS                       0.7379     45,300
EECS 800 MHZ                0.2000     45,300
HCMA                        0.2146     45,300
                                                            Resolution No. 2009 -226
                                                                    October 20, 2009




RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI:

WHEREAS, Tax abatements further encourage economic development through
providing support to development or redevelopment projects that otherwise may not
have occurred; and

WHEREAS, the Obsolete Property Rehabilitation Act, Public Act 146 of 2000, as
amended, provides for a tax incentive to encourage the redevelopment of obsolete
buildings; and

WHEREAS, the parcels within the proposed district are characterized by obsolete
commercial or commercial housing property as required in the Act; and

NOW, THEREFORE, BE IT RESOLVED THAT the Ypsilanti City Council establishes
the Obsolete Property Rehabilitation District consisting of parcel #11-11-09-130-023
(301 N. Lincoln St).




OFFERED BY:

SUPPORTED BY:

YES:               NO:                 ABSENT:                   VOTE:
                                                           Resolution No. 2009-227
                                                                    October 20, 2009


RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI:

THAT the public hearing to establish an Obsolete Property Rehabilitation Exemption
District for parcel #11-11-09-130-023 (301 N. Lincoln) be officially closed.




OFFERED BY: ____________________________________________________________

SUPPORTED BY: _________________________________________________________

YES:          NO:              ABSENT:             VOTE:
                                                                              Resolution No. 2009-228
                                                                                     October 20, 2009




RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI:

WHEREAS, the Obsolete Property Rehabilitation Act, Public Act 146 of 2000 (the “Act”), provides for a
tax incentive to encourage the redevelopment of obsolete buildings through the establishment of an
Obsolete Property Rehabilitation District; and

WHEREAS, the Council of the City of Ypsilanti has established an Obsolete Property Rehabilitation
District that includes parcel #11-11-09-130-023 (301 N. Lincoln St.); and

WHEREAS, the property at 301 N. Lincoln was certified functionally obsolete by the City Assessor per
P.A. 146; and

WHEREAS, the owners of the above referenced parcel, Bertram Design, LLC, have submitted an
application for an Obsolete Property Rehabilitation Exemption Certificate requesting an exemption for a
period of 8 years as a function of the Act; and

WHEREAS, the owners of the above referenced parcel have proposed to rehabilitate a currently vacant
and functionally obsolete structure into a metal smithing studio for Bertram Design, LLC including
additional studio space for rent, are creating and retaining employment, increasing commercial activity
and revitalizing an urban area; and

WHEREAS, the review committee met on Thursday, October 15, 2009 and recommends
approval of the application for a period of eight years (2010-2017); and

WHEREAS, A duly noticed public hearing has been held and notice to representatives of ad
valorum taxing units has been sent;

NOW, THEREFORE, BE IT RESOLVED THAT the Ypsilanti City Council approves the application for
an Obsolete Property Rehabilitation Exemption Certificate for a period of 8 years for parcel #11-11-09-
130-023 (301 N. Lincoln St.) subject to completion of the renovations within two (2) years, the final
approval of exemption certificates by the State Tax Commission, and to the taxes on the property being
paid on time.


OFFERED BY:

SUPPORTED BY:

YES:                  NO:                   ABSENT:                      VOTE:
                                                            Resolution No. 2009-229
                                                                    October 20, 2009


RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI:

THAT the public hearing to approve an Obsolete Property Rehabilitation Exemption
Certificate to Bertram Design, LLC for parcel #11-11-09-130-023 (301 N. Lincoln) be
officially closed.




OFFERED BY: ____________________________________________________________

SUPPORTED BY: _________________________________________________________

YES:           NO:              ABSENT:             VOTE:
                                          REQUEST FOR LEGISLATION
                                              October 20, 2009

                      From: Planning and Development Department

                      Subject: 487 Owendale Rezoning
                      (Amendment to Zoning Map)


SUMMARY & BACKGROUND:

The owner of the property at 487 Owendale has applied for a zoning map amendment
(rezoning). The owner also owns the Standard Auto gas station and service station,
adjacent to the north at 1465 Washtenaw, and has requested the property be zoned B2,
Community business district, for the purpose of providing additional parking for the service
station.

The property is currently zoned R1, Single-family residential, and is designated for single-
family use in the Master Plan. It is vacant but for a residential garage and some
landscaping installed to screen the service station.

The Planning Commission held a public hearing at their August 19 meeting; minutes from
that meeting are attached, along with written comments received and a petition submitted
by the applicant.

Staff and the Planning Commission expressed appreciation for the applicant’s situation: a
successful business seeking room to grow. However, the application is in direct conflict
with the Master Plan – both the Future Land Use designation for single-family use and the
Washtenaw Avenue target area, which states that use contained in the B2 zoning district
are inappropriate for this area. The uses and scale of development permitted in the B2
district could easily conflict with the residential uses that surround the subject property on
three sides, and several nearby residents echoed this concern. Staff additionally notes
that the small size of the proposed B2 district and its mismatch with the Master Plan and
the zoning of surrounding properties could constitute a spot zoning that would not
withstand a legal challenge.

For these reasons, staff has recommended denial of the zoning amendment; the Planning
Commission also recommended denial 6-0, with one member absent and one recused.

Please contact Richard Murphy, Planner II, with any questions you may have regarding
this rezoning, at 734-483-9646 or by email to rmurphy@cityofypsilanti.com.

RECOMMENDED ACTION: Denial
ATTACHMENTS:
     August 12, 2009, staff report to Planning Commission
     Excerpt from August 19, 2009, Planning Commission minutes
     Zoning text amendment ordinance and resolutions



CITY MANAGER APPROVAL:                     COUNCIL AGENDA DATE: 10-20-09


CITY MANAGER COMMENTS:


FINANCE DIRECTOR APPROVAL:




                                       2
                                                                                Ordinance No. 1112

An Ordinance Entitled “ 487 OWENDALE REZONING”

THE CITY OF YPSILANTI ORDAINS:
             That the following property with the following address and tax code ID#:

             487 Owendale, 11-11-05-363-017

             with the following legal description:

             LOT 13 R. L. OWEN SUBDIVISION.

BE REZONED FROM R1, SINGLE-FAMILY RESIDENTIAL, TO B2, COMMUNITY BUSINESS;



MADE, PASSED, AND ADOPTED BY THE YPSILANTI CITY COUNCIL THIS___________
DAY OF _______________, 2009
                                          ______________________________
                                          FRANCES MCMULLAN, City Clerk

                                            Attest
             I do hereby confirm that the above Ordinance No. __________was published in the
             Ypsilanti Courier on the _____ day of __________, 2009.


                                                              ______________________________
                                                              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 __________, 2009.


                                                              ______________________________
                                                              FRANCES MCMULLAN, City Clerk
Notice Published: __October 1, 2009________________
First Reading: __October 20, 2009__________________
Second Reading: ________________________________
Published: _____________________________________
Effective Date: _________________________________
                                                         Resolution No. 2009-230
                                                                October 20, 2009




RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI:

THAT the proposed ordinance entitled "487 OWENDALE REZONING" be denied on First
Reading.




OFFERED BY: ________________________________________________________

SUPPORTED BY: _____________________________________________________

YES:          NO:             ABSENT:            VOTE:
                        City of Ypsilanti
                        Planning and Development Department



                                                          Date: August 12, 2009
                                             Original application: April 25, 2008


                                Staff Review of Rezoning Application
                                                487 Owendale Street
                                                  Ypsilanti, Michigan

GENERAL INFORMATION

Applicant:         Mohammad Musa
                   1465 Washtenaw Avenue
                   Ypsilanti, MI 48197

Location:          West side of Owendale, between Washtenaw and West Cross

Zoning
  Current:         R1, Single-Family Residential

   Proposed:       B2, Community Commercial District

Master Plan:       Single Family Residential
                   Adjacent to Target Area 8 – Washtenaw Avenue (north)

Action Requested:    Rezoning of a 6,000 square foot parcel from R1 to B2, for
                expansion of the applicant’s business


PROJECT AND SITE DESCRIPTION

(This rezoning request was originally filed, and public notice provided, for the July
2008 Planning Commission meeting. The applicant requested it removed from that
agenda and postponed until further notice, and has now reactivated it. The public
notice was re-published on August 2, 2009.)

The applicant owns the subject parcel at 487 Owendale, which is currently vacant
except for a garage. The property, Lot 13 of the R.L. Owen Subdivision, is currently
zoned R1, Single-Family Residential, and is considered a buildable, non-conforming
                       487 Owendale Rezoning – 12 August 2009




lot – at 6,000 square feet in area, it is below the 6,500 s.f. minimum lot size in the
R1 zoning district, but Section 122-203, Non-Conforming Lots, would permit a
residence to be constructed on this parcel, presuming all other dimensional
requirements were met.

The applicant has requested a rezoning to B2, Community Business District, stating
that the parcel cannot meet the setback requirements for a single-family home, is
surrounded by commercial properties, would best be used for expansion of the
applicant’s business, the gas station and auto service business at 1465 Washtenaw,
which is adjacent to this property to the north. Currently, the northern 20 feet of
the subject property is used to provide landscape screening required for this gas
station; that buffer would likely have to be moved north, onto the parcel at 1465
Washtenaw, in the course of construction on the subject property.

                  Figure 1 - Aerial Photo and Subject Site Location




MASTER PLAN DESIGNATION

As shown below, the subject site is designated “Single Family Residential” in the
City of Ypsilanti’s Master Plan, and is part of the “Washtenaw Avenue/College
Heights/Normal Park” neighborhood area (shown on Map 6 of the Master Plan).




                                       Page 2
                        487 Owendale Rezoning – 12 August 2009




The properties adjacent to the south, across the street, and to the rear (on
Mansfield) are also designated Single Family Residential.

The gas station property to the north and other nearby properties with Washtenaw
Avenue frontage are designated “Mixed Residential / Commercial” in the Master
Plan, and are part of Target Area 8, Washtenaw Avenue, within the Master Plan,
which contains further recommendations on site character and buffering between
commercial and residential uses. The Target Area notes that these properties
fronting on Washtenaw,

      “will allow for a mixture of residential, office, and local commercial land uses.
      Local commercial uses (B-1) are characterized by having a smaller scale and
      market area and are intended to meet daily resident needs. Uses classified as
      B-2 uses and other more intense commercial uses will be expressly prohibited
      in this area.”

                Figure 2 – Master Plan Future Land Use Designations




EXISTING LAND USE AND ZONING

The subject site is currently occupied by a residential garage towards the rear of
the site, and a landscape berm serving as screening of the gas station to the north.
The current R1 zoning of the site would allow construction of a single-family home
as a permitted use, subject to dimensional requirements.



                                          Page 3
                       487 Owendale Rezoning – 12 August 2009




            Figure 3 – Subject Site, Looking West from Owendale Street




The surrounding properties to the south, east, and west are all single-family homes,
and also zoned R1. The properties to the north include the adjacent gas station, a
florist to the east of the gas station, and retail uses to the west; these commercial
uses are zoned B1, and are within the Entryway and Residential/Commercial
Overlay Districts.

                    Table 1 - Surrounding Land Use and Zoning

                    LAND USE                                  ZONING
 NORTH         Gas station, retail, and              B1, Neighborhood business
                    service uses             Entryway and residential/commercial overlays
  EAST        Single-family residential              R1, Single-family residential
 SOUTH        Single-family residential                           R1
 WEST         Single-family residential                           R1




                                          Page 4
                      487 Owendale Rezoning – 12 August 2009




                  Figure 2 - Subject Site and Surrounding Zoning




REZONING STANDARDS

The following are generally accepted criteria for evaluating a rezoning request and
staff responses to each:

1)    Is the proposed change consistent with the goals, policies and future land
      use map of the City of Ypsilanti Master Plan?

No. The use is not consistent with the Master Plan’s Future Land Use Map, which
designates the property for single-family residential use. Additionally, the rezoning
would be in conflict with the goals for the Washtenaw Avenue/College
Heights/Normal Park Neighborhood Area, which call for preserving existing
residential uses, maintaining the integrity of neighborhoods, and encouraging infill
residential development. Finally, considering the Target Area for the commercial
area on Washtenaw Avenue, the rezoning would be contrary to that target area’s
“express prohibition” on uses that characterize the B2 zoning district.

2)    Is there evidence that the owner cannot receive a reasonable return on
      investment through developing the property with one of the uses permitted
      under the current zoning?

No. The property owner could reasonably construct a single-family home on the
property, which is identical in shape and size to many of the properties on this and


                                       Page 5
                       487 Owendale Rezoning – 12 August 2009




nearby streets that have high-quality residences constructed on them. While the
application claims that the property is not buildable due to setbacks, a building
envelope approximately 36 feet wide and 60 feet deep is available after accounting
for setbacks – larger than the footprint of most existing homes on the block. While
constructing a residence on this property would probably require moving the
landscape screen north onto the gas station property, adding some expense to this
construction, the presence of the landscape buffer does not render the lot
inherently unbuildable.

3)    Are the uses permitted in the proposed zoning district compatible with
      existing surrounding land uses?

No. The B2 district includes a number of permitted uses that would be out of
character with the street and/or too intense for the neighboring residential uses.
These include permitted uses such as bars/lounges, restaurants, community
garages or parking lots, and tradesman offices and showrooms. Additionally, the
B2 district allows structures of up to 50 feet tall, which would be significantly out of
scale with adjacent uses.

4)    Are city utilities and services sufficient to accommodate the uses permitted in
      the proposed zoning designation?

Yes. YCUA has noted that the existing water and sewer system can be expected
handle a commercial development of this size. Given adequate on-site stormwater
management, the storm sewer system can also accommodate development.

5)    Can the existing street system safely and efficiently accommodate the
      expected traffic generated by uses permitted in the proposed zoning district?

No. Owendale is a minor local street, inappropriate for hosting the relatively much
higher traffic volumes of commercial uses. However, if the property could be
guaranteed only to be used in conjunction with the commercial properties to the
north, requirements that no curb cuts be added on Owendale could be included in
site planning, in order to mitigate traffic concerns.

6)    Is there apparent demand for the types of uses permitted in the proposed
      zoning district compared to the amount of land in the City currently zoned
      and available to accommodate the demand?

No. The applicant has not stated an unavailability of properly zoned land as
motivating the application. There appear to be a reasonable number of vacant
parcels and structures currently available for sale or rent in the B2, B3, B4, and C/I
districts that could serve demand for the various uses permitted in the B2 district.

7)    The boundaries of the requested rezoning district are reasonable in
      relationship and development of the site will be able to meet the dimensional
      regulations for the proposed zoning district.




                                        Page 6
                      487 Owendale Rezoning – 12 August 2009




No. The property is very small for considering commercial development on –
particularly considering that the setbacks in the B2 district would be larger than
under the current zoning district, consuming more than half of the area of the
parcel.

Considered in combination with the adjacent property to the north, rezoning this
property could provide some additional flexibility for a commercial development
using both parcels – many commercial parcels on this corridor are difficult to reuse
or redevelop based on their shallowness.

8)    If the rezoning is appropriate, is the proposed designation the most
      appropriate considering all other districts, from the City’s perspective?

No. If any rezoning to a commercial designation were appropriate, the B1 district
would be the most likely candidate, considering the adjacent properties and the
Master Plan’s specific language on the Washtenaw Target Area.

9)    If the rezoning request is for a specific use, is rezoning the land more
      appropriate than amending the list of permitted or special land uses in the
      current zoning district to allow the use?

Yes. Adding any of the commercial uses available in the B2 district to the R1
district would be inappropriate.

10)   Will the requested rezoning create an isolated and unplanned “spot zone”?

Yes. The requested rezoning is very inconsistent with the City’s Master Plan and
with adjacent zoning districts and land uses, is of a size and location that would
prevent it from functioning productively in the proposed zoning district, and would
appear to favor a specific, individual property owner.


RECOMMENDATION

The proposed rezoning from R1, Single Family Residential, to B2, Community
Business, would be inappropriate for this property. The proposed zoning district is
inconsistent with the City’s Master Plan and incompatible with the surrounding land
uses. Planning staff recommends that the Planning Commission recommend denial
of the rezoning with the following motion:

The Planning Commission recommends that the City Council decline to adopt the
rezoning of a 6,000 square foot lot, with address 487 Owendale Street and with tax
code identification number 11-11-05-363-017, from R1, Single-Family
Residential, to B2, Community Business, based on the following findings:

1.    The rezoning is inconsistent with the goals of the 1998 Master Plan, including
      the Future Land Use Map, Washtenaw Ave./College Heights/Normal Park
      Neighborhood Area, and Washtenaw Avenue Target Area within that plan.


                                      Page 7
                        487 Owendale Rezoning – 12 August 2009




2.     The current zoning of the property allows for the productive use of the
       property.

3.     The uses and size of development permitted in the B2 zoning district are
       incompatible with the surrounding single-family homes.

4.     The uses permitted in the B2 zoning district are out of scale for the local
       street the property is located on.

5.     The rezoning is not necessary to serve demand for commercially zoned
       property in the City.

6.     The proposed boundaries of the zoning are not appropriate, as they create an
       area to small to reasonably develop under the dimensional requirements of
       the Zoning Ordinance.

7.     The size of the proposed rezoning and its inconsistency with surrounding
       uses and with the City’s Master Plan would constitute an isolated and
       unplanned spot zoning.




_____________________________
Richard Murphy
Planner II
Planning and Development Department

c.c.   File
       Applicant
       April McGrath, Assistant City Manager
       Karl Barr, Assistant City Attorney




                                         Page 8
                                     Planning Commission
                                       Meeting Minutes
                                        August 19, 2009
                                       Council Chambers
                                           7:00 P.M.


I.     CALL TO ORDER

       The meeting was called to order at 7:03 p.m.

II.    ROLL CALL

       Present:     R. Johnson, G. Clark, R. Andrews, D. Lautenbach, B. Lenart, K. Smith,
                    C. Zuellig,

       Absent:      B. McClemens (excused)

       Staff:       Richard Murphy, City Planner
                    Nan Schuette, Executive Secretary

III.   APPROVAL OF MINUTES – June 17, 2009 and July 15, 2009

       Commissioner Clark moved to approve the minutes of June 17, 2009 with recommended
       corrections (Support: D. Lautenbach) and the motion carried unanimously.
       Commissioner Clark moved to approve the minutes of July 15, 2009 with correction that
       Commissioner Andrews was excused for this meeting (Support: D. Lautenbach) and the
       motion carried unanimously.

IV.    AUDIENCE PARTICIPATION

       None

V.     PUBLIC HEARING ITEM

       1.       487 Owendale

       Commissioner Smith recused himself from this agenda item because of a financial
       conflict. Chairman Johnson acknowledged this and Commissioner Smith left the
       chamber.
 




    Staff presentation was made by the City Planner, Richard Murphy. This is a generally
    vacant residential lot which has a garage on the property and some landscaping
    screening for the business the north. It is currently zoned R1 Single Family Residential
    and under the zoning ordinance, it is considered a buildable residential lot. The
    applicant has requested a rezoning to B2 Community Business District. He owns this
    property as well as the gas station to the north of it. He has stated in his request that
    the parcel cannot meet setback requirements for construction of a single family home,
    is surrounded by commercial properties and would best be used for expansion of the
    applicant’s business.

    Looking at the City’s Master Plan, the property is currently designated as Single Family
    in the future land use map, as are the other parcels on that street that do not front on
    Washtenaw. The parcels that do front of Washtenaw on either side are designated for
    Mixed Residential Commercial Use. Additionally, the properties on Washtenaw are part
    of the Target Area 8 Washtenaw Avenue, which specifies that it will “allow for a mixture
    of residential office and local commercial land uses. Local commercial uses B1 are
    characterized by having a smaller scale and market area and are intended to meet daily
    resident needs. Uses classified as B2 will be expressly prohibited in this area.”

    The City Planner stated that this request does not appear to meet the standards and
    recommended denial. He reviewed the standards with his comments as follows:

    1)     Is the proposed change consistent with the goals, policies and future land use
           map of the City of Ypsilanti Master Plan?

    No. The use is not consistent with the Master Plan’s Future Land Use Map, which
    designates the property for single-family residential use. Additionally, the rezoning
    would be in conflict with the goals for the Washtenaw Avenue/College Heights/Normal
    Park Neighborhood Area, which call for preserving existing residential uses, maintaining
    the integrity of neighborhoods, and encouraging infill residential development. Finally,
    considering the Target Area for the commercial area on Washtenaw Avenue, the
    rezoning would be contrary to that target area’s “express prohibition” on uses that
    characterize the B2 zoning district.

    2)     Is there evidence that the owner cannot receive a reasonable return on
           investment through developing the property with one of the uses permitted
           under the current zoning?

    No. The property owner could reasonably construct a single-family home on the
    property, which is identical in shape and size to many of the properties on this and
    nearby streets that have high-quality residences constructed on them. While the
    application claims that the property is not buildable due to setbacks, a building envelope
    approximately 36 feet wide and 60 feet deep is available after accounting for setbacks –
    larger than the footprint of most existing homes on the block. While constructing a
    residence on this property would probably require moving the landscape screen north



                                               2 
 
 


    onto the gas station property, adding some expense to this construction, the presence
    of the landscape buffer does not render the lot inherently unbuildable.

    3)     Are the uses permitted in the proposed zoning district compatible with existing
           surrounding land uses?

    No. The B2 district includes a number of permitted uses that would be out of character
    with the street and/or too intense for the neighboring residential uses. These include
    permitted uses such as bars/lounges, restaurants, community garages or parking lots,
    and tradesman offices and showrooms. Additionally, the B2 district allows structures of
    up to 50 feet tall, which would be significantly out of scale with adjacent uses.

    4)     Are city utilities and services sufficient to accommodate the uses permitted in the
           proposed zoning designation?

    Yes. YCUA has noted that the existing water and sewer system can be expected handle
    a commercial development of this size.         Given adequate on-site stormwater
    management, the storm sewer system can also accommodate development.

    5)     Can the existing street system safely and efficiently accommodate the expected
           traffic generated by uses permitted in the proposed zoning district?

    No. Owendale is a minor local street, inappropriate for hosting the relatively much
    higher traffic volumes of commercial uses. However, if the property could be
    guaranteed only to be used in conjunction with the commercial properties to the north,
    requirements that no curb cuts be added on Owendale could be included in site
    planning, in order to mitigate traffic concerns.

    6)     Is there apparent demand for the types of uses permitted in the proposed zoning
           district compared to the amount of land in the City currently zoned and available
           to accommodate the demand?

    No. The applicant has not stated an unavailability of properly zoned land as motivating
    the application. There appear to be a reasonable number of vacant parcels and
    structures currently available for sale or rent in the B2, B3, B4, and C/I districts that
    could serve demand for the various uses permitted in the B2 district.

    7)     The boundaries of the requested rezoning district are reasonable in relationship
    and development of the site will be able to meet the dimensional regulations for the
    proposed zoning district.

    No. The property is very small for considering commercial development on, particularly
    considering that the setbacks in the B2 district would be larger than under the current
    zoning district, consuming more than half of the area of the parcel.

    Considered in combination with the adjacent property to the north, rezoning this
    property could provide some additional flexibility for a commercial development using



                                              3 
 
 


    both parcels – many commercial parcels on this corridor are difficult to   reuse        or
    redevelop based on their shallowness.

    8)     If the rezoning is appropriate, is the proposed designation the most appropriate
           considering all other districts, from the City’s perspective?

    No. If any rezoning to a commercial designation were appropriate, the B1 district would
    be the most likely candidate, considering the adjacent properties and the Master Plan’s
    specific language on the Washtenaw Target Area.

    8)     If the rezoning request is for a specific use, is rezoning the land more
           appropriate than amending the list of permitted or special land uses in the
           current zoning district to allow the use?

    Yes. Adding any of the commercial uses available in the B2 district to the R1 district
    would be inappropriate.

    10)    Will the requested rezoning create an isolated and unplanned “spot zone”?

    Yes. The requested rezoning is very inconsistent with the City’s Master Plan and with
          adjacent zoning districts and land uses, is of a size and location that would
          prevent it from functioning productively in the proposed zoning district, and
          would appear to favor a specific, individual property owner.

    Some commissioners had questions which were responded to by the City Planner.

    Commissioner Lenart moved to open the public portion of the hearing (Support: G.
    Clark) and the motion was carried unanimously.

    James Cmejrek, Ann Arbor Attorney, has represented the owners of the property
    since 2006 and has been involved in all of the proceedings since that time in the Circuit
    Court which resulted up in a number of court orders, all of which were agreed to by his
    client. The problem with this property is that there is too much business for the size of
    the property itself and what they tried to do, since it involves repair of vehicles, is to
    work out a plan whereby the vehicles that were on site could be parked in an orderly
    fashion. The main goal was to ensure that cars were not parked all over the place. The
    plan they worked out with the City Attorney and with the approval of Judge Connors is
    workable. The problem is that cars are parked everywhere since this is a very busy
    station and there is a need to expand. While Mr. Cmejrek understands the need for the
    recommendation, the fact is that while the property on Owendale could conceivably be
    used for residential, it is very clear that there is a very slight likelihood that a house
    would be built on this site. The most reasonable use for this site is for an expansion of
    the business that his client owns on Washtenaw allowing parking.

    They have been in touch with many neighbors and have letters from them supporting
    this request as well as signatures of approximately 150 residents supporting this request
    who have no objections. It is obvious that many people rely on this gas station for its
    services. Mr. Cmejrek respects that the board must follow standards but it is his opinion

                                              4 
 
 


    that for this particular situation, the use of this property for purposes of this business,
    simply makes more common sense, especially since contiguous owners agree with the
    request. Mr. Cmejrek turned over all of the petitions for the City files.

    Mohammad Musa, 1465 Washtenaw, owner of the property was asked questions by
    commissioners.

    Commissioner Johnson asked the average length of time that cars sit on the property
    and Mr. Musa responded that it all depends on the work that is required for the vehicle.
    Chairman Johnson stated that they are currently zoned B1, which does not allow some
    of the things they are doing at the gas station. Chairman Johnson asked Mr. Cmejrek
    the results of the lawsuit and he responded that they did agree to B1 but there was
    never any objection to the type of business by anyone at the City. They submitted a
    plan for the parking, which was accepted by Judge Connors. He feels that his client has
    complied in every way. Commissioner Clark noted that on the pictures submitted by
    the City Planner, there are at least 20 cars shown on the site and questioned if that is
    consistent on a daily basis. Mr. Musa responded that there are more than 20. Mr.
    Murphy stated that the site plan submitted in 2007 shows 31 parking spaces but most of
    them do not meet the parking standards in terms of maneuvering aisles.

    Georgene Jones, 5631 Kerry – is a resident of community for 45 years and
    appreciates this business. They have lowest gas prices. She always uses Mr. Musa to
    fix all their cars because they are very fair. He is always very helpful in emergencies
    when they have car problems and don’t want to miss work. There are many people
    who use this station and appreciate the service.

    Gwen Buege, 480 Owendale – stated that the Marathon Station across street has
    same gas prices. It is her understanding that attendance at this meeting is to determine
    the best use of the lot on Owendale. It is her opinion that the best use of the lot is the
    original use that acts as a buffer to the existing activity and noise of the business.

    Michael Dunn, 479 N. Mansfield – asked the Commission to be practical. He is
    supportive of the applicant. He suggested taking down the berm and let the people go
    in to their lot from the back end.

    Breck Crandall, 1412 Roosevelt – believes the Master Plan is overstated. He does
    not think that anyone will ever build on that property. He supports the request by the
    applicant. He agrees that they have great service for the community.

    Clara Beck, 460 Owendale – this is solely a zoning issue. She forwarded a letter to
    be included in the file. They are doing major repairs at the location and this activity is
    supposed to be 100 ft from residential property. There are an excessive number of cars
    parked there and she suggests they should schedule appointments. She does not
    support this request.

    Judy Morey, 1205 Whittier – feels that we should protect the Master Plan that we
    worked so hard to develop. She hopes that the board will consider that.



                                                5 
 
 


    Jesse Hurst, 433 Orchard – the owners are fair and honest. They are trying to
    upgrade their business. He supports their request.

    Andrew Vinyr, 120 N. Hamilton, #4 – has known the applicants prior to their
    ownership of the gas station. They have made major progress with the business and
    although he can see this from the neighbors’ prospective, the lot is very small and
    probably would not be used to build a residence. He agrees that the owners are very
    honest and fair.

    Julian Broad, 461 Owendale – hopes this request is rejected. The former City
    Planner, Nathan Voght, told Musa that it could not be rezoned before he bought it. The
    potential usage for this zoning is too intense. It is more of a storage lot than a repair
    facility. Need to maintain the Master Plan.

    Yvonne Abdoo, 2028 Collegewood – very careful thought was given to the Master
    Plan. We should respect the integrity of the neighborhood. Zoning is to protect
    residential. The work currently being done is in violation.

    Regina Martinitis, 468 N. Mansfield – supports keeping current zoning. They admit
    to having too many cars already and the possibility of having more cars will not improve
    the situation.

    Osama Musa, one of the owners – purchased the store approximately 10 yrs ago.
    He has three brothers who work with him. He agrees that they have too much
    business. They have been trying to solve the problem and agree that there are lots of
    cars. They plan to be there for some time and need to find a solution. The property in
    question is too small for a house. Commissioner Zuellig asked if he used other parking
    areas to store cars and he responded that occasionally he parks cars in neighbors’ lot.
    Mr. Musa responded to a rumor that he sold cars on the property stating that this is not
    true.

    Luis Camili, 306 S. Prospect - been here over 60 years. Mr. Musa is a fine business
    man, very honest. Mr. Camili is concerned that the City is not allowing the business to
    grow and flourish. He is a magnet for other businesses.

    Chuck Moser, 926 Sherman Court – purchased his home in 1999. Economic times
    are different now. He feels that the City should adjust to the times and try to work
    together.

    John Collins, 9141 Panama Ct, Ypsilanti Twp – understands both sides. Mr. Musa
    is fair and honest and does a good job.

    Commissioner Lautenbach moved to close the public portion of the hearing (Support: R.
    Andrews) and the motion carried unanimously.

    Chairman Johnson stated that he has had his vehicle serviced there on many occasions
    and agrees that he does a good job and is very fair. However, this request goes against
    the zoning standards. His view is that it would be a mistake to go to B2 zoning and

                                              6 
 
    


       could have legal issues if we had a B2 between a B1 and R1 and could not support this
       request.

       Commissioner Lenart asked the City Planner if it was B2, what would the setback
       implications would be. Mr. Murphy stated there is a 25’ setback from residential uses for
       structures but not for a parking area and explained the zoning more in detail.
       Commissioner Lenart continued that while this is a great business to the community, it
       doesn’t comply with the Master Plan. Staff analysis is precise not to mention the
       minor/major repair and potential expansion of a non-conforming use

       Commissioner Clark stated that this is a difficult decision since Mr. Musa is a good
       community member and he has also used the service but agrees with other
       commissioners that this does not comply with the Master Plan.

       Commissioner Andrews stated that both sides have valid concerns but competing
       interests. Obviously it is good for the community and they are fair and honest business
       people, but we have to look at the Master Plan for criteria.

       Commissioner Lenart moved that the Planning Commission recommends that the City
       Council decline to adopt the rezoning of a 6,000 square foot lot, with address 487
       Owendale Street and with tax code identification number 11-11-05-363-017, from R1,
       Single-Family Residential, to B2, Community Business, based on the following findings:

       1.     The rezoning is inconsistent with the goals of the 1998 Master Plan, including the
              Future Land Use Map, Washtenaw Ave/College Heights/Normal Park
              Neighborhood Area, and Washtenaw Avenue Target Area within that plan.
       2.     The current zoning of the property allows for the productive use of the property.
       3.     The uses and size of development permitted in the B2 zoning district are
              incompatible with the surrounding single-family homes.
       4.     The uses permitted in the B2 zoning district are out of scale for the local street
              the property is located on.
       5.     The rezoning is not necessary to serve demand for commercially zoned property
              in the City.
       6.     The proposed boundaries of the zoning are not appropriate, as they create an
              area to small to reasonably develop under the dimensional requirements of the
              Zoning Ordinance.
       7.     The size of the proposed rezoning and its inconsistency with surrounding uses
              and with the City’s Master Plan would constitute an isolated and unplanned spot
              zoning.

       The motion was supported by Commissioner Zuellig. A roll call vote was taken and
       carried unanimously.

Commissioner Lautenbach moved to change the agenda moving Item 4 before Old Business
(Support: G. Clark). A roll call vote was taken and the motion carried unanimously.




                                                  7 
    
To the City of Ypsilanti,

        We the community of Ypsilanti would like to show our support to Standard Auto
Service Center. We appreciate the years of hard work and dedication they have shown
to us and our community for over nine years. Standard Auto Service Center has always
taken good care of their customers and the neighborhood surrounding it. They have
done their best to be competitive in these hard times and they always give their best to
their customers and community. We appreciate all the work they have done to make
their station look clean and presentable.
        We fully support them in expanding their business so that they can excel at
giving us the best service possible and we as consumers can have the best care
possible. We would like to thank them for the fair and honest service they have given
us.
        Our hope is that with our support they will be able to grow and be here for years
to come.

Thank you,

The zip codes of those signing were 48197, 48198, 48103, 48104, 48191, 48105,
48108, 48109, 48137 and 48111


147 Signatures

** Signatures on file in City Clerk’s Office
Petition against the rezoning of 487 Owendale

Here signed below, are the home owners and residences living in the city of Ypsilanti
and give their consent to this petition against the rezoning of 487 Owendale Street,
Code ID 11-11-05-363-017, to rezone that property from R1, Family Residential District,
to B2, Community Business District.

Mary Clare Beck, 460 Owendale
Julian Broad, 461 Owendale
Carol Hayes, 1316 W. Cross St.
Mark Hayes, 1316 W. Cross St.
Connie Ferguson, 461 Owendale
Sylvia Otero, 476 Owendale
Barbara Pickett, 466 Owendale
Gwen Buege, 480 Owendale
Ruth Martin, 465 Owendale
Joseph Convery, 464 Owendale
Janet Short, 469 Owendale
Kevin Short, 469 Owendale
Leah Roehtz, 475 Owendale
Leah Biggs, 1402 W. Cross
Regina Martinaitis, 468 N. Mansfield
Brian Bruxvoort, 472 N. Mansfield
Robert Ely, 464 Mansfield

17 Signatures

** Signatures on file in the City Clerk’s Office.
                                                           Resolution No. 2009-231
                                                                  October 20, 2009




RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI:

THAT the public hearing to consider the proposed Ordinance entitled "487 OWENDALE
REZONING" be officially closed.




OFFERED BY: _______________________________________________________

SUPPORTED BY: ____________________________________________________

YES:          NO:              ABSENT:             VOTE:
            Barr,                                                                          105 Pearl Street
                                                                                       Ypsilanti, MI 48197
             Anhut &                                                                        (734) 481-1234
                                                                                        Fax (734) 483-3871
            Associates, P.C.                                                         www.barrlawfirm.com
                                                                        e-mail: jaslider@barrlawfirm.com
            ATTORNEYS AT LAW

 John M. Barr                                                             Jesse O’Jack ~ Of Counsel
 Karl A. Barr                                                William F. Anhut ~ Of Counsel – Retired
  ~~~~~~~                                                                           ~ Legal
                                                                     Jane A. Slider e-mail: Assistant
                                             barranhut@voyager.net
                         REQUEST FOR LEGISLATION

                                                                DATE: September 28, 2009

FROM: Karl A. Barr, Assistant City Attorney

SUBJECT: Beekeeping Ordinance

SUMMARY/BACKGROUND

        Recognizing the benefits to the ecosystem and safety of the practice when done
properly, this ordinance allows for the well-regulated keeping of honey bees (Apis
Mellifera) within the City of Ypsilanti. The ordinance requires that beekeepers maintain
colonies of bees in hives with movable frames, that flyway barriers be constructed and
maintained where such hives are in close proximity to human foot traffic or property
lines, that the beekeeper provide a convenient water source for the bees, that the hive
and surrounding area be properly maintained, and that no more than 2 colonies be
placed on one tract of land. The ordinance also provides for the selection of queen
bees and the replacement of queen bees in the event that the colony shows aggression.
Failing to follow the ordinance shall result in a civil infraction that may be assessed to
the beekeeper and/or tract owner for each day of violation. The ordinance allows the
city to destroy colonies when they nest in structures not meant for beekeeping, where
there is a dangerous swarm, or where a man-made hive has been abandoned.
        Expert advice was sought and received from Lisa Bashert, a local beekeeper, and
Roger Sutherland, president of the Southeast Michigan Beekeepers (SEMBA).

ATTACHMENTS:          Beekeeping Ordinance

RECOMMENDED ACTION:            Adoption of the ordinance


DATE RECEIVED:                          AGENDA ITEM NO. 2009-232

CITY MANAGER COMMENTS:

FOR AGENDA OF: 10-20-09               FINANCE DIR. APPROVAL

COUNCIL ACTION TAKEN:
            S:\Clerk's Office\CITY COUNCIL MEETINGS\2009 City Council Meetings\10-20-09\Beekeeping RFL.doc
                                                                 Resolution No. 2009-232
                                                                        October 20, 2009

RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI:

               That an ordinance entitled "An ordinance to allow for beekeeping within the
City of Ypsilanti " be approved on First reading.




OFFERED BY: __________________________________________________

SUPPORTED BY: __________________________________________________

YES:        NO:          ABSENT:          VOTE:
                                                                       Ordinance No. 1113

An ordinance to allow for beekeeping within the City of Ypsilanti.

       WHEREAS, honey bees are beneficial to mankind and to Michigan in particular, by
providing agricultural fruit and vegetable pollination services in tandem with home garden
vegetable and fruit production and by furnishing honey, beeswax and other useful
products; and,

      WHEREAS, Michigan is among the leading states in honey production and honey
bee assisted agricultural products throughout the United States and the world; and,

        WHEREAS, domestic strains of honey bees have been selectively bred for desirable
traits, including gentleness, honey production, reduced swarming, pollination attributes
and other characteristics which are desirable to foster and maintain; and,

       WHEREAS, gentle strains of honey bees can be maintained within populated areas
in reasonable densities to fill ecological niche and exclude unwanted and undesirable races
of bees, without causing a nuisance if the honey bees are properly located, carefully
managed and maintained.

1.     NOW THEREFORE, THE CITY OF YPSILANTI ORDAINS:

Section 1—That the finding contained in the preamble of this ordinance is hereby adopted
as part of this ordinance.

Section 2—That Chapter 14, Article I of the Code of Ordinances, City of Ypsilanti, Michigan,
is hereby amended by adding a new article, which reads as follows:

Definitions: As used in this article, the following words and terms shall have the
meanings ascribed in this section unless the context of their usage clearly indicates
another meaning:
      1. Apiary—The assembly of one or more colonies of bees at a single location.
      2. Beekeeper—A person who owns or has charge of one or more colonies of bees.
      3. Beekeeping Equipment—Anything used in the operation of an apiary, such as
          hive bodies, supers, frames, top and bottom boards and extractors.
      4. Colony/Hive—An aggregate of bees consisting principally of workers, but
          having, when perfect, one queen and at time many drones, including brood,
          combs, honey and the receptacle inhabited by the bees.
      5. Honey Bee—All life stages of the common domestic honey bee, Apis Mellifera
          species.
      6. Tract—A contiguous parcel of land under common ownership.
       7. Undeveloped Property—Any idle land that is not improved or actually in the
          process of being improved with residential, commercial, industrial, church, park,
          school or governmental facilities or other structures or improvements intended
          for human use and the grounds maintained in association therewith. The term
          shall be deemed to include property developed exclusively as a street or
          highway or property used for commercial agricultural purposes.

Unlawful Conduct:
     1. Purpose—The purpose of this article is to establish certain requirements of
          sound beekeeping practices, which are intended to avoid problems that may
          otherwise be associated with the keeping of bees in populated areas.
     2. Other Beekeeping Unlawful—Notwithstanding compliance with the various
          requirements of this article, it shall be unlawful for any beekeeper to keep any
          colony or colonies in such a manner, or of such disposition, as to cause any
          unhealthy condition, interfere with the normal use and enjoyment of human or
          animal life of others, or interfere with the normal use and enjoyment of any
          public property or property of others.
     3. Hive Type—All honey bee colonies shall be kept in hives with movable
          frames, which shall be kept in sound and usable condition.
     4. Flyways—In each instance in which any colony is situated within 25 feet of a
          public or private property line of the tract upon which the apiary is situated, as
          measured from the nearest point on the hive to the property line, the
          beekeeper shall establish and maintain a flyway barrier at least 6 feet in the
          height consisting of a solid wall, fence, dense vegetation or combination
          thereof that is parallel to the property line and extends 10 feet beyond the
          colony in each direction so that all bees are forced to fly at an elevation of at
          least 6 feet above ground level over the property lines in the vicinity of the
          apiary.
     5. Water—Each beekeeper shall ensure that a convenient source of water is
          available to the bees at all times during the year so that the bees will not
          congregate at swimming pools, pet watering bowls, bird baths or other water
          sources where they may cause human, bird or domestic pet contact.
     6. General Maintenance—Each beekeeper shall ensure that no bee comb or
          other materials are left upon the grounds of the apiary site. Upon their
          removal from the hive, all such materials shall promptly be disposed of in a
          sealed container or placed within a building or other bee-proof enclosure.
     7. Queens—In any instance in which a colony exhibits unusual aggressive
          characteristics by stinging or attempting to sting without due provocation or
          exhibits an unusual disposition toward swarming, it shall be the duty of the
          beekeeper to promptly re-queen the colony with another queen. Queens shall
          be selected from European stock bred for gentleness and non-swarming
          characteristics.
     8. Colony Density—
            a. It shall be unlawful to keep more than 2 colonies on any tract within the
               city.
            b. In addition to State of Michigan Apiary Inspection Law regarding
               identification of honey bee hives, the beekeeper shall conspicuously post
               a sign setting forth his/her name and phone number. It is a defense
               against prosecution under this subsection that a colony is kept upon the
               same tract upon which the owner resides.
            c. Unless marked in accordance with subsection (a), it shall be presumed
               for the purposes of this article that the beekeeper is the person or
               persons who own or otherwise have the present right of possession and
               control of the tract upon which a hive or hives are situated. The
               presumption may be rebutted by a written agreement authorizing
               another person to maintain the colony or colonies upon the tract setting
               forth the name, address, and telephone number of the other person who
               is acting as the beekeeper.
      9.   Compliance
            a. Upon receipt of information that any colony situated within the City is not
               being kept in compliance with this article, the building inspector shall
               cause an investigation to be conducted. If he/she finds that grounds
               exist to believe that one or more violations have occurred, he/she shall
               issue a civil infraction to the beekeepers.
            b. A civil infraction citation may be issued to the beekeepers once a day
               until such time as the bees are destroyed, removed, or the problem is
               corrected.
            c. The provisions of this section shall not prevent the City from destroying
               bees or a bee colony in the event that there is an immediate need to
               protect the public safety. Such circumstances will occur when there is
               (1) a bee colony not residing in a hive structure intended for beekeeping,
               or (2) a dangerous swarm of bees that poses an immediate risk to the
               safety of humans or (3) a colony residing in a standard or man-made
               hive which, by virtue of its condition, has obviously been abandoned by
               the beekeeper.

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.
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, or other newspaper of general circulation. 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 ___________________, 2009.

                                          ______________________________
                                          Frances McMullan, City Clerk


                                          Attest

             I do hereby confirm that the above Ordinance No. ___ was published in a
newspaper of record on the __________ day of ______________________, 2009.

                                          _______________________________
                                          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 ________________,
2009.

                                          ________________________________
                                          Frances McMullan, City Clerk
Notice Published: ___10/8/09_____________________

First Reading: ____10/20/09_____________________

Second Reading: ___________________________

Published: ________________________________

Effective Date: _____________________________
                                                             Resolution No. 2009-233
                                                                    October 20, 2009




RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI:

THAT the public hearing to consider an ordinance entitled, "An ordinance to allow for
beekeeping within the City of Ypsilanti" be officially closed.




OFFERED BY: _______________________________________________________

SUPPORTED BY: ____________________________________________________

YES:           NO:              ABSENT:              VOTE:
                                           REQUEST FOR LEGISLATION
                                               October 20, 2009

                      From: Planning and Development Department

                      Subject: Arts Use Zoning Ordinance Text Amendments
                      (Amendment to Chapter 122, Zoning, of the Ypsilanti City Code)


SUMMARY & BACKGROUND:

Staff and the Planning Commission have prepared amendments to the Zoning Ordinance
that address artistic uses, such as artists’ studios and performance spaces. The intent of
these amendments is to clarify the place of some uses that had not been previously dealt
with, make these uses uniform across zoning districts, and ensure that the uses are
provided for in all appropriate zoning districts.

The primary effect of the ordinance revisions is to create two new use descriptions – “Arts
and crafts studios and schools”, and, “Cultural exhibit and performance venues.” These
two use descriptions collect and replace several existing uses in the ordinance, as shown
on the attached summary table. Rather than permitting “Photography studios” in one
district, and “Artists studios” in another, and “Arts studios and schools” in a third, for
example, the overall “studios and schools” use will allow these types of uses to be
considered uniformly across zoning districts, as well as filling in ambiguous gaps between
specified uses.

Similarly, the existing use “Manufacture of handicraft products, [etc.]” had a few very alike
uses combined into it, rather than holding them separate.

These use descriptions were then compared against the purposes and existing permitted
uses in each zoning district. The result of this was to list the “studios and schools” use as
permitted in all of the non-residential or mixed-use districts (the RO, B1, and B2 districts
had not previously contained any of the sub-uses). The “exhibit and performance” use
was not added to any districts that did not previously contain these uses. The
“Manufacture of handicraft products” was added to the C/I district as a special use, and
the WS district as a permitted use. Finally, the existing use, “Cinema production and
development” was added to the M1 and M2 districts – considering the purchase of former
manufacturing facilities for large-scale film facilities elsewhere in the State, this seemed an
appropriate expansion of this use.

Some additional, minor changes were made during the course of discussion. Detailed
discussion of types of kilns permitted in art studios, for example, was removed after
consultation with the Fire Chief, who noted that these requirements were outdated in the
context of the past few decades of fire code updates. A definition for “adult film studios”
was added within the general definition of “adult regulated uses,” in order to distinguish
this as a use requiring higher scrutiny than a generic “artists’ studio” use.

A public hearing was held on the proposed amendments at the Planning Commission’s
June 17 meeting; the Planning Commission discussed the amendments further at their
August 19 meeting, and recommended adoption unanimously. The staff reports and
minutes from those meetings are attached.

The current revisions are proposed as one piece of an ongoing, incremental revision
process. Generally, the need for this type of review and revision is present throughout
the Zoning Ordinance, and staff and the Planning Commission anticipate continuing this
effort as time permits. Approaching the ordinance in pieces is seen as the best way to
ensure revisions can be taken advantage of as they are ready. The arts-related uses were
selected based on the prominence of these uses in documents such as the Blueprints for
Downtown, on the availability of past student projects that provided some analysis, and
on staff’s observation of needed revisions when dealing with citizens and property owners.

Please contact Richard Murphy, Planner II, with any questions you may have regarding
this rezoning, at 734-483-9646 or by email to rmurphy@cityofypsilanti.com.

RECOMMENDED ACTION: Approval

ATTACHMENTS:
     Summary table of proposed changes
     June 11 and July 7, 2009, staff reports to Planning Commission
     Excerpts from June 16 and August 19, 2009, Planning Commission minutes
     Zoning text amendment ordinance and resolutions



CITY MANAGER APPROVAL:                          COUNCIL AGENDA DATE: 10-20-09


CITY MANAGER COMMENTS:


FINANCE DIRECTOR APPROVAL:




                                            2
                                                       Resolution No. 2009-234
                                                              October 20, 2009




RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI:

THAT the proposed ordinance entitled "ARTS USES ZONING TEXT AMENDMENTS" be
approved on First Reading.




OFFERED BY: ___________________________________________________________

SUPPORTED BY:__________________________________________________________

YES:         NO:             ABSENT:           VOTE:
                                                                                               Ordinance No. 1114

An Ordinance Entitled “ARTS USES ZONING TEXT AMENDMENTS”

THE CITY OF YPSILANTI ORDAINS:


That Sec. 122-2, “Definitions” of the Zoning Ordinance be amended as follows:

   Add text:    Arts and Crafts studios and schools means facilities that are used as work space for an artist or
      crafter or a learning place for the study of an art or craft. Arts uses shall include, but are not limited to, the
      fine arts such as music, dance, film (except for adult regulated uses), and photography. Craft uses include
      the handmade production of articles other than food, such as pottery, glass items, neon sculpture, jewelry,
      silk screening, needle work, stone and wood work, metalworking or casting, and similar items.

   Add text:     Cultural exhibit and performance venues includes public assembly facilities such as museums,
      libraries, art galleries, theaters, concert halls, and planetariums, excluding adult regulated uses. These
      facilities may include accessory uses such as administrative offices, rehearsal rooms, scene shops, and arts
      and crafts studios. All activities shall occur within a completely enclosed building.

   Add text within "Adult regulated use" definition: Adult film production means the production of film, videotape,
      or similar media content that is distinguished or characterized by an emphasis on matter depicting,
      describing or relating to specified sexual activities or specified anatomical areas, that includes obscene
      matter or an obscene performance, or that requires that individually identifiable records be created and
      maintained for every performer as provided in 18 USC 2257, and which the reasonable person would find,
      taken as a whole, lacks serious literary, artistic, political, or scientific value.


That Sec. 122-332, “Permitted Uses” in the RO district of the Zoning Ordinance be amended as
follows:
 Add item:       (1)      Arts and crafts studios and schools.
 Renumber items (1) through (6) to (2) through (7)


That Sec. 122-334, “Special Uses” in the RO district of the Zoning Ordinance be amended as
follows:
 Add item:       (8)      Cultural exhibit and performance venues.
 Remove item: (17)        Private and public museums.
 Renumber items (8) through (16) to (9) through (17)


That Sec. 122-352, “Permitted Uses” in the B1 district of the Zoning Ordinance be amended as
follows:
 Add item:       (4)      Arts and crafts studios and schools.
 Renumber items (4) through (14) to (5) through (15)



That Sec. 122-372, “Permitted Uses” in the B2 district of the Zoning Ordinance be amended as
follows:
 Add item:      (4)      Arts and crafts studios and schools.
 Remove item: (11)       Fine arts studios and schools.
 Renumber items (4) through (10) to (5) through (11).


That Sec. 122-392, “Permitted Uses” in the B3 district of the Zoning Ordinance be amended as
follows:
 Add item:      (4)      Arts and crafts studios and schools.
 Add item:      (9)      Cultural exhibit and performance venues.
 Remove item: (19)       Photography studios.
 Modify item:   (21)     Public or commercial schools and colleges and other such institutions of learning offering
                courses in general or technical training, such as dance schools, music and voice schools, business
                and technical schools, and similar schools, not including dormitories.
 Remove item: (24)       Theaters, when completely enclosed.
 Renumber items (4) through (7) to (5) through (8), items (8) through (18) to (10) through (20), and items (20)
              through (23) to (21) through (24).


That Sec. 122-412, “Permitted Uses” in the B4 district of the Zoning Ordinance be amended as
follows:
 Add item:      (4)      Arts and crafts studios and schools.
 Remove item: (12)       Dance and music studios and schools, and other art studios.
 Remove item: (25)       Photography studios.
 Renumber items (4) through (11) to (5) through (12) and items (26) through (35) as (25) through (34).


That Sec. 122-432, “Permitted Uses” in the WS district of the Zoning Ordinance be amended as
follows:
 Add item:      (2)      Arts and crafts studios and schools.
 Modify item:   (2)(3)   Cinema production or development, except for adult regulated uses.
 Remove item: (3)        Dance studios.
 Add item:      (4)      Cultural exhibit and performance venues.
 Remove item: (4)        Drapery manufacture.
 Add item:      (7)      Manufacture of handicraft products, statuary and art goods, pottery and ceramic products,
                         cosmetics and toiletries, baked goods, confections, ice cream and nonalcoholic beverages
                         in bulk, jewelry, clothing and garments, perfumes, electrical appliances and fixtures,
                         draperies, novelty articles, advertising display, notions, smoking tobacco products,
                         gauges, jigs, optical goods, luggage and leather products, toys and household supplies,
                         personal accessories, paper, wood, plastic, or rubber molded products.
 Remove item: (7)        Food products: the manufacture of food products such as baked goods, prepared
                         sandwiches, ice cream, etc. (not including butchering or warehousing of meat products),
                         provided that less than 50 percent of the products are sold at retail from the premises.
 Remove item: (14)       Studios of artists or photographers; and the handcrafted production of pottery, glass
                         items, neon sculpture, jewelry, silk screening, needle work, stone and wood work and
                         similar items. The retail sale of work produced on a premises shall be permitted provided
                         such retail activities are clearly incidental to the crafts activity, and further provided that
                         less than 50 percent of all items made are sold from the premises. Kilns shall be fired
                         only by electricity or gas.
 Renumber item (15) to (14).


That Sec. 122-433, “Special Uses” in the WS district of the Zoning Ordinance be amended as
follows:
 Remove item: (4)        Theaters, when completely enclosed.


That Sec. 122-452, “Permitted Uses” in the M1 district of the Zoning Ordinance be amended as
follows:
 Add item:      (4)      Cinema production or development, except for adult regulated uses.
 Modify item:   (12)(13) Manufacture of handicraft products, statuary and art goods, pottery and ceramic products,
                         cosmetics and toiletries, baked goods, confections, ice cream and nonalcoholic beverages
                         in bulk, jewelry, clothing and garments, perfumes, electrical appliances and fixtures,
                         draperies, novelty articles, advertising display, notions, smoking tobacco products,
                         gauges, jigs, optical goods, luggage and leather products, toys and household supplies,
                         personal accessories, paper, wood, plastic, or rubber molded products.
 Remove item: (13)       Manufacture of pottery and figurines or other similar ceramic products, using kilns fired
                         only by electricity or gas.
 Renumber items (4) through (11) as (5) through (12).


That Sec. 122-472, “Permitted Uses” in the M2 district of the Zoning Ordinance be amended as
follows:
 Add item:      (4)      Cinema production or development, except for adult regulated uses.
 Modify item:   (19)(20) Manufacture of handicraft products, statuary and art goods, pottery and ceramic products,
                         cosmetics and toiletries, baked goods, confections, ice cream and nonalcoholic beverages
                         in bulk, jewelry, clothing and garments, perfumes, electrical appliances and fixtures,
                         draperies, novelty articles, advertising display, notions, smoking tobacco products,
                         gauges, jigs, optical goods, luggage and leather products, toys and household supplies,
                         personal accessories, paper, wood, plastic, or rubber molded products.
 Remove item: (21)       Manufacture of pottery and figurines or other similar ceramic products using only
                         previously pulverized clay, and kilns fired only by electricity or gas.
 Renumber items (4) through (18) to (5) through (19), and item (20) to (21)
That Sec. 122-492, “Permitted Uses” in the PL district of the Zoning Ordinance be amended as
follows:
 Add item:      (1)      Cultural exhibit and performance venues.
 Remove item: (1)        Cultural services such as museums, art galleries, libraries, planetariums, and concert
                         halls, when accessory to one of the uses in subsections (2)--(6) of this section, or when
                         publicly owned.


That Sec. 122-511, “Permitted Uses” in the RC district of the Zoning Ordinance be amended as
follows:
 Add item:      (3)      Arts and crafts studios and schools.
 Remove item: (14)       Fine arts studios and schools, and photography studios.
 Renumber items (3) through (13) to (4) through (14).


That Sec. 122-512, “Special Uses” in the RC district of the Zoning Ordinance be amended as
follows:
 Add item:      (8)      Cultural exhibit and performance venues.
 Remove item: (8)        Private and public museums.



That Sec. 122-517, “Permitted Uses” in the CI district of the Zoning Ordinance be amended as
follows:
 Add item:      (1)      Arts and crafts studios and schools.
 Remove item: (24)       Studios of artists or photographers; and the hand crafter production of pottery, glass
                         items, neon sculpture, jewelry, silk screening, needle work, stone and wood work and
                         similar items. The retail sale of work produced on the premises shall be permitted
                         provided such retail activities are clearly incidental to the crafts activity, and further
                         provided that less than 50 percent of all items made are sold from the premises. Kilns
                         shall be fired only by electricity or gas.
 Modify item:   (7)(8)   Cinema production or development, except for adult regulated uses.
 Renumber items (1) through (6) to (1) through (7) and items (8) through (23) as (9) through (24).


That Sec. 122-518, “Special Uses” in the CI district of the Zoning Ordinance be amended as
follows:
 Add item:      (11)     Manufacture of handicraft products, statuary and art goods, pottery and ceramic products,
                         cosmetics and toiletries, baked goods, confections, ice cream and nonalcoholic beverages
                         in bulk, jewelry, clothing and garments, perfumes, electrical appliances and fixtures,
                         draperies, novelty articles, advertising display, notions, smoking tobacco products,
                         gauges, jigs, optical goods, luggage and leather products, toys and household supplies,
                         personal accessories, paper, wood, plastic, or rubber molded products.
   MADE, PASSED, AND ADOPTED BY THE YPSILANTI CITY COUNCIL
     THIS___________ DAY OF _______________, 2009
                                                ______________________________
                                                FRANCES McMULLAN, City Clerk

                                               Attest
I do hereby confirm that the above Ordinance No. __________was published in the Ypsilanti
Courier on the _____ day of __________, 2009.


                                                              ______________________________
                                                              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 __________, 2009.


                                                              ______________________________
                                                              FRANCES McMULLAN, City Clerk
Notice Published: ___October 1, 2009_______________
First Reading: __October 20, 2009__________________
Second Reading: ________________________________
Published: _____________________________________
Effective Date: _________________________________
                                                                                           Proposed zoning ordinance amendments ‐ arts‐related uses
                                                                                     Summary table ‐ as recommended by Planning Commission, August 19, 2009

P= Permitted Use S= Special Use A= Accessory Use                                                  RO   RC   B-1 B-2 B-3 B-4 C/I WS M-1 M-2 PL RRD             CRD
                             These new use descriptions (2)

Arts and crafts studios and schools                                                                P    P    P   P   P   P     P      P                   P       P


Cultural exhibit and performance venues                                                            S    S            P                P           P       P       P
                           Replace these use descriptions (9)


Cultural services such as museums, art galleries, libraries, planetariums, and concert halls.                                                         P       P
Cultural services such as museums, art galleries, libraries, planetariums, and concert halls,
when accessory to one of the uses in subsections (2)--(6) of this section, or when publicly
owned                                                                                                                                             P

Dance and music studios, and other art studios                                                                           P                                    P
Dance Studios                                                                                                                         P

Fine Arts studios and schools, and photography studios.                                                 P                                                     P
Photography Studios                                                                                                  P   P                            P
Studios of artists or photographers; and the handcrafted production of pottery, glass
items, neon sculpture, jewelry, silk screening, needle work, stone and wood work and
similar items. The retail sale of work produced on a premises shall be permitted provided
such retail activities are clearly incidental to the crafts activity, and further provided that
less than 50 percent of all items made are sold from the premises. Kilns shall be fired only
by electricity or gas.                                                                                                         P      P               P       P
Private and public museums                                                                         S    S                                                     P
Theaters, when completely enclosed.                                                                                  P                S               P

                           Additional permitted districts
Cinema Production or Development, except for adult regulated uses (currently only in C/I
and WS)                                                                                                                        P      P   P   P




Prepared by Richard Murphy
Planning and Development Department                                                                                          1 of 2                                   10/13/2009
                                                                                            Proposed zoning ordinance amendments ‐ arts‐related uses
                                                                                      Summary table ‐ as recommended by Planning Commission, August 19, 2009

P= Permitted Use S= Special Use A= Accessory Use                                                   RO   RC   B-1 B-2 B-3 B-4 C/I WS M-1 M-2 PL RRD   CRD
                                       New Definitions

Arts and Crafts studios and schools means facilities that are used as work space for an
artist or crafter or a learning place for the study of an art or craft. Arts uses shall include,
but are not limited to, the fine arts such as music, dance, film (except for adult regulated
uses), and photography. Craft uses include the handmade production of articles other
than food, such as pottery, glass items, neon sculpture, jewelry, silk screening, needle
work, stone and wood work, metalworking or casting, and similar items.

Cultural exhibit and performance venues includes public assembly facilities such as
museums, libraries, art galleries, theaters, concert halls, and planetariums, excluding adult
regulated uses. These facilities may include accessory uses such as administrative offices,
rehearsal rooms, scene shops, and arts and crafts studios. All activities shall occur within
a completely enclosed building.

Adult film production means the production of film, videotape, or similar media content
that is distinguished or characterized by an emphasis on matter depicting, describing or
relating to specified sexual activities or specified anatomical areas, that includes obscene
matter or an obscene performance, or that requires that individually identifiable records be
created and maintained for every performer as provided in 18 USC 2257, and which the
reasonable person would find, taken as a whole, lacks serious literary, artistic, political, or
scientific value.

                            This amended use description (1)


Manufacture of handicraft products, statuary and art goods, pottery and ceramic products,
cosmetics and toiletries, baked goods, confections, ice cream and nonalcoholic beverages
in bulk, jewelry, drapery, clothing and garments, perfumes, electrical appliances and
fixtures, draperies, novelty articles, advertising display, notions, smoking tobacco products,
gauges, jigs, optical goods, luggage and leather products, toys and household supplies,
personal accessories, paper, wood, plastic, or rubber molded products.                                                       S      P   P   P

                           Replaces these use descriptions (5)

Manufacture of handicraft products, statuary and art goods, cosmetics and toiletries,
baked goods, confections, ice cream and nonalcoholic beverages in bulk, jewelry, clothing
and garments, perfumes, electrical appliances and fixtures, draperies, novelty articles,
advertising display, notions, smoking tobacco products, gauges, jigs, optical goods,
luggage and leather products, toys and household supplies, personal accessories, paper,
wood, plastic, or rubber molded products                                                                                                P   P
Manufacture of pottery and figurines or other similar ceramic products using only
previously pulverized clay, and kilns fired only by electricity or gas                                                                      P
Manufacture of pottery and figurines or other similar ceramic products, using kilns fired
only by electricity or gas                                                                                                              P


Drapery manufacture                                                                                                                 P

Food products: the manufacture of food products such as baked goods, prepared
sandwiches, ice cream, etc. (not including butchering or warehousing of meat products),
provided that less than 50 percent of the products are sold at retail from the premises                                             P




Prepared by Richard Murphy
Planning and Development Department                                                                                        2 of 2                              10/13/2009
                        City of Ypsilanti
                        Planning and Development Department



                                                              Date: June 11, 2009


                                Zoning Ordinance Text Amendment
                            Arts-related permitted and special uses

GENERAL INFORMATION

Applicant: Planning Commission initiated

Action Requested: Consolidation of similar use listings related to artistic uses,
craft production, and performance spaces, and inclusion of these uses in additional
zoning districts.


BACKGROUND

Planning Department staff recently proposed examining the Permitted and Special
Use lists in the zoning ordinance. The intent of this process would be to consolidate
similar use listings across zoning districts, providing uniform language, identify
which zoning districts should host these uses as permitted or special uses, and find
any other changes (definitions, special use standards, etc.) needed to
accommodate those new listings. The goal would be to improve usability of the
ordinance, by staff and the public, as well as providing an opportunity to double-
check the appropriateness of uses in various districts.

Staff had discussed several categories of uses that had been previously identified as
opportunities for examination, including arts-related uses, office uses, retail uses,
and restaurant/catering uses. The Planning Commission elected to begin with
examining the arts uses, as a topic which had been discussed recently and which
staff had noted a lot of community interest in.


DISCUSSION

Staff has identified several use listings in the zoning ordinance that are related to
arts studios of various types, performance spaces, and similar uses. Staff also
looked to some analysis of arts use categories recently performed by University of
          Zoning Ordinance text amendment: Arts-related uses – June 17, 2009




Michigan grad students, and to the Blueprints for Downtown process and other
recent conversations in the community that indicated an interest in expanding arts-
related uses. The results of these investigations are summarized in the attached
tables, showing proposed permitted/special use listings against current versions.

Consolidation

The first step undertaken was to consolidate several related uses. Various districts
permit, for example, “Dance studios”, “Dance and music studios, and other art
studios”, “Fine arts studios and schools, and photography studios”, and
“Photography studios”. Considering all of these “studios” to be fairly similar in
intensity – as well as frequently found in combination – and considering that
“studios” would often include teaching or class activities, staff proposes combining
all of these activities into a listing for “Arts and crafts studios and schools”, with a
new definition provided to demonstrate the breadth of this listing.

Some further conversation was had with the City’s Fire Chief around existing
ordinance language on kilns. The Fire Chief felt that this language was outdated and
was not needed in the zoning ordinance. Fire and mechanical codes had, he said,
“caught up to and passed,” the zoning in handling concerns like insulation, fire
separation, ventilation, and emissions.

A new listing (and definition) for “Cultural exhibit and performance venues”, is
meant to capture the category of arts-related assembly uses. Museums, concert
halls, theaters, and art galleries are included in this. These uses have in common
the potential for high-traffic “event” activity, as well as more low-level sustained
use, and seem appropriate for similar treatment. Staff also proposes removing
language on some of these uses specifying “when publicly owned”. This had been a
concern, for example, when staff was approached about the appropriate zoning for
an “all-ages” music/concert venue – not accessory to a bar or restaurant use. With
“concert halls” limited to public ownership in the PL district, and “theaters” defined
as having seated patrons, and the proposed use not exactly a “private service club
or meeting hall”, there seemed to be an unnecessary gap in use definitions.

The division into two general “create/teach” and “perform/present” uses, and the
new definitions, will hopefully provide enough guidance to easily categorize future
proposed activities.


Placement in districts

The combined “studio/school” use is shown as permitted in any district where one
of its components had been permitted. Additionally, staff suggests including it as
permitted in the smaller-scale commercial and transitional districts: RO, RC, B-1,
and B-2. This may be overly permissive, but staff is looking to the Fire Chief’s
assurances on kilns and related safety issues, the City’s general noise ordinance,
and the size limits on individual uses in the B-1 and RC districts as generally
preventing most conflicts.


                                        Page 2
          Zoning Ordinance text amendment: Arts-related uses – June 17, 2009




The “venue” use has been listed as permitted in the B3, WS, and PL districts, and
as a special use in the RO and RC districts. The only change here is from special to
permitted in the Workshop-Studio district, looking to the description of that zone as
reasonably including exhibit and performance as a substantial part of the creative
intent of the district. The use could likely be allowed in the CI and B-4 districts
without fear of negative impacts, but is not necessarily within the intent of these
districts, nor are there existing uses in these districts to be accommodated.


“Cinema production or development”

This use is currently listed in the CI and WS districts as permitted; staff has not
been able to find any definition of or background on the intent of this use. Staff
considered removing this entirely, with “film” already included in the art studio
definition. Recent interest around movies filmed in Ypsilanti and around the State,
however, and particularly discussions of large-scale production facilities in former
industrial spaces led to a recommendation to leave this listing, and expand it into
the M-1 and M-2 districts. Here, the intent is to explicitly provide for the kinds of
large-scale facilities occasionally discussed, while still allowing smaller-scale “film”
to be considered as a viable “art studio” use.


Pottery manufacture

With the Fire Chief’s input on the use of kilns in pottery studios, staff looked at the
larger-scale version of this use, “manufacture of pottery and figurines or other
similar ceramic products,” which also includes language of kilns. With the removal
of this language, staff thought it appropriate to merge this use with a similar use
permitted in both manufacturing districts, “manufacture of handicraft products,
statuary and art goods,” etc.


Remaining questions

In addition to the discussion above, staff proposes the following as open questions:

   •   What uses should be considered in the discussion of “arts” that don’t fall into
       the “studio” and “venue” division proposed? Are there other use listings in
       the ordinance, or uses still completely un-discussed, which should be
       considered?

   •   Should studio uses be limited to the upper stories in the B3 (and CRD)
       districts, similar to residential uses, reserving storefront areas for more
       “active” (i.e. retail, restaurant, entertainment) uses in these districts?

   •   Is there a clear enough distinction between “craft” and “manufacturing”, or
       does this need additional clarification?


                                        Page 3
              Zoning Ordinance text amendment: Arts-related uses – June 17, 2009




MASTER PLAN

Of the City’s adopted Plans, only the 2008 “Blueprint for Downtown Ypsilanti”
appears to specifically address the topic of arts uses. That planning process for the
downtown area recommended encouraging “fun, funky” unique, independent
businesses, including arts-based businesses.       Relatedly, the 2020 Task Force’s
report identified the value of arts spaces to the community, though did not include
any particular recommendations to zoning.

Perhaps the most direct guidance comes from the Washtenaw County Cultural
Master Plan. That plan’s problem statement around facilities states,

       “Facilities remove barriers to success. If you don’t have space, you
       can’t create or present and you can’t be successful.”

The plan calls for increased access to facilities, including “empty buildings”, in order
to enable artists to pursue their craft. While the plan is focused on funding and
networking recommendations, permissive zoning is a first step towards that goal.


RECOMMENDATION

Several questions are identified in the discussion section, above, and more will
likely arise during discussion and public comment. Staff anticipates not having a
final recommendation from Planning Commission at this time, but revising and
finalizing the proposed language for the next Commission meeting.


_____________________________
Richard Murphy
Planner II
Planning and Development Department

Attachment: Summary table of proposed zoning changes

c.c.   File




                                           Page 4
                       City of Ypsilanti
                       Planning and Development Department



                                                               Date: July 7, 2009


                               Zoning Ordinance Text Amendment
                           Arts-related permitted and special uses
                                   (Continued from June 11, 2009)

GENERAL INFORMATION

Applicant: Planning Commission initiated

Action Requested: Consolidation of similar use listings related to artistic uses,
craft production, and performance spaces, and inclusion of these uses in additional
zoning districts.


BACKGROUND

The Planning Commission held a public hearing on June 17 to review draft zoning
amendments on arts, craft, and performance related uses; several questions arose
during the ensuing discussion for further investigation. Staff considerations on
these are provided below.


DISCUSSION

Specific arts use questions

Glass manufacture

The “Manufacture of…” use in the M1 and M2 districts does not currently include
glass items, making it not quite parallel to the “Handmade production of…” portion
of the proposed studio use.   Currently, it appears that manufacture of glass items
is covered only in the C/I and M2 districts, as Sec. 122-472(18) and Sec. 122-
518(13), “Manufacture of concrete, clay, glass, cement, and graphite products
except when coal fired, [and manufacture of various construction materials]”. Staff
is not certain why these uses are or should be grouped together, having little
detailed knowledge of the manufacturing processes. At this point, staff would
      Zoning Ordinance text amendment: Arts-related uses continued – July 7, 2009




recommend not making changes here – a general examination and
revision/overhaul of the manufacturing districts is probably a specialized enough
task to merit outside assistance.

Metal sculpture/casting

A speaker brought up metal art, such as bronze casting, as an artform not clearly
included in the ordinance, and the Commission noted that the City currently has a
noted professional metal sculptor. The largest potential concern with metalworking
would be the heat involved – some brief research suggests that common jewelry
and sculpture metals (gold, silver, copper, bronze) all have lower melting
temperatures than are required for firing clay pottery or glassblowing (appx. 1000
degrees C); ironworking is at a similar temperature.        It would therefore be
reasonable to include metal sculpture with these uses.

Fire code and incremental occupancy

The art studio model seen at the past 555 Studio and the announced Spur Studios
is for a top-level space manager subletting studio spaces to individual artists. With
fire code expected to ensure safe use of studio space, the question arose of how
these incremental occupancy studios would be inspected. Staff discussed this with
the fire chief and inspector, who stated that each space would have to be inspected
as it was occupied – similar to an office building like Key Bank or Centennial Place,
where every individual office suite has to be inspected on occupancy. In these
cases, the zoning would be a as a high-level / gross use category, of “arts studio”
or “office”, while the fire inspection was specific to the user of the space, and more
finely-grained to the activities of that user.

Film production and adult/pornographic films

The Commission asked whether the provisions for film studios/cinema production
needed to contain an exclusion for production of adult films. Initial staff discussion
with the State’s film office found that production of “obscene” material was
prohibited under Michigan statute. Legal counsel, however, warned that the State’s
definition of “obscene” (attached) does not cover the entire realm of what might be
considered “adult” or “pornographic” material.       Further, as with other adult
regulated uses, a community may not use zoning to ban this use entirely from the
community.

Staff has drafted a few definitions that could be added to the “adult regulated use”
section in order to include adult film production in this category of uses. As of this
writing, staff and legal counsel are still discussing potential concerns – two draft
definitions are provided for Commission discussion, but refinement will be needed.

“Craft” vs. “manufacture”

An outstanding question at the previous meeting was whether the definition of
“craft” vs. “manufacture” was clear. Staff has not been able to come up with a


                                       Page 2
      Zoning Ordinance text amendment: Arts-related uses continued – July 7, 2009




more specific definition than the existing “handmade production of items”, without
being overly limiting or choosing somewhat arbitrary size limits.

For comparison, the City of Ann Arbor’s zoning ordinance includes “manufacture”
uses, but does not provide any definition. “Craft” is not addressed in that
ordinance; “artists’ studios” are provided for (in one district), with no definition.

Ferndale’s zoning ordinance provides the following definition for “manufacture” (it
provides also for art, craft, and similar studios, but does not have any further
definition):

      Manufacturing. A facility whose principal use is the physical, mechanical or chemical
      transformation of materials or substances into new products including assembling,
      making, preparing, inspecting, finishing, treating, altering or repairing, or the blending of
      materials such as oils, plastics or resins.

This definition doesn’t clearly exclude “craft”, in the sense of a single artisan or
craftsman using only hand tools to physically transform materials into new
products.

The examples raised at the previous meeting, however, seem very corner-case: the
single “craftsman” whose tool is a CAD/CNC workstation, or the “craft studio” where
100 individuals are handmaking purses together. In absence of a bright line, these
seem to be the realm of the ZBA to interpret.

Placement of uses in districts

Arts/craft uses in PUDs

The table of “permitted uses under planned unit development”, in Sec. 122-572,
generally refers to residential, commercial, service, office, and industrial uses;
these categories are not explicitly defined in the ordinance. Staff would tend to
consider the arts uses under discussion to be either “commercial” or “industrial”
within this schema, depending on scale and intensity – the exact determination
would have to be made for a particular proposal. It may be appropriate to re-
examine this table at a future date, but staff does not believe any attention is
needed at this time.

Arts studios/schools in residential districts – as home occupations

Sec. 122-669 provides regulations for home occupations. Individual uses are not
named here as permitted home occupations – only prohibited uses are listed.
These regulations would appear to currently permit home studios and home-based
arts instruction – staff does not believe any modification is needed here.

Arts studios/schools in residential districts – as special uses




                                            Page 3
      Zoning Ordinance text amendment: Arts-related uses continued – July 7, 2009




The question came up of studio/gallery uses in residential districts – at larger than
a home-based scale – as special uses. Considering the Master Plan, Cross Street
Neighborhood Plan, and various implementation steps taken, the consistent policy
direction has been towards removal of non-residential uses from predominantly
residential areas.    The R3 and R4 districts, based on their existing density,
locations, and broader special use lists, might be candidates for this addition. If
additional non-residential uses are considered appropriate in these areas, though,
the question arises – is adding these uses to the R3 and R4 districts the appropriate
approach, or should these areas be rezoned? The RO district is essentially identical
to the R4, but for the additional permitted and special uses.

Historic overlay district and use of carriage barns

A speaker proposed looking at carriage barns as potential arts studio locations,
likely by leveraging the Historic Overlay District. This overlay already provides for
use of these historic outbuildings for residential units in districts where detached
residential structures are not otherwise permitted. Providing for use of these
structures aids the economic argument of preservation – however, staff is uncertain
whether the overlay is the appropriate tool for this. A more generalized approach
might be to reconsider the permitted and special uses in the underlying districts (as
mentioned above) and expand the carriage barn as residential unit provision to a
broader semi-principal structure provision – allowing these structures to house any
of the underlying district’s permitted uses, as long as overall density and other
relevant standards were maintained for the total lot.

Manufacturing in B4, C/I, WS districts

The Commission asked about including the “Manufacture of handicraft products”
use, likely as a special use, in the B4 district. While the location of that district, and
the intensity of current permitted and special uses, seem like a reasonable match,
the use does not fit the intent of the district as a high-traffic, regional “convenience
and comparison shopping” zoning.

Reviewing the locations for this use, though, suggest that it may even be an
appropriate permitted use in the WS district, rather than special. The district
currently permits, “Drapery manufacture”, and, “Food products: manufacture of,”
both of which are part of this use description. The district also permits, “Custom
fabrication of small parts”, perhaps a similar intensity of use. Between these
comparisons, and considering the intent of the district, staff proposed making this
manufacture use permitted in the WS, and removing the standalone drapery and
food manufacture items.

“Active” uses / street level vs. upper stories

The question of arts studios and schools at street level in the B3 brought up more
questions of “active” (retail/restaurant) uses vs. arts studios, offices, and other,
lower foot-traffic uses, or seasonal uses like tax preparation, in the central business
districts. Review of some materials provided by Ann Arbor’s planners mention a


                                         Page 4
       Zoning Ordinance text amendment: Arts-related uses continued – July 7, 2009




wide variety of approaches to this issue around the country (primarily focused on
banks): outright bans, special uses, bans from corner locations, minimum distances
between these uses, percent of street frontage by block, etc. (One summary
document is attached.) Ann Arbor itself is considering a rule that requires a
minimum of 60% of each building’s street frontage be occupied by an “active” use,
to a depth of 25 feet from the front wall.

Considering the other uses mentioned, this topic requires additional attention. Staff
recommends that an initial approach be taken of requiring a special use permit for
these uses at storefront level in the CBD, as a flexible “temporary” treatment.



_____________________________
Richard Murphy
Planner II
Planning and Development Department

Attachment: Summary table of proposed zoning changes – revised
            Excerpt from Michigan Public Act 343 of 1984, “Obscene Material”
            Street level use regulations summary (Planning Advisory Service
            excerpt, date unknown)

c.c.   File




                                        Page 5
       




                                         Planning Commission
                                           Meeting Minutes
                                            June 17, 2009
                                           Council Chambers
                                               7:00 P.M.


I.        CALL TO ORDER

          The meeting was called to order at 7:05 p.m.

II.       ROLL CALL

          Present:    R. Johnson, B. McClemens, R. Andrews, B. Lenart, K. Smith,
                      D. Lautenbach

          Absent:      C. Zuellig (excused) G. Clark (excused)

          Staff:      Richard Murphy, City Planner
                      Nan Schuette, Executive Secretary

III.      APPROVAL OF MINUTES – May 20, 2009

          Commissioner Lenart moved to approve the minutes of May 20, 2009 as presented
          (Support: B. McClemens) and the motion carried unanimously.

IV.       AUDIENCE PARTICIPATION

          None

V.        NEW BUSINESS

          1. 2035 Long Range Transportation Plan

          Terri Blackmore, Executive Director of Washtenaw Area Transportation Study, was in
          attendance to present the 2035 Long Range Transportation Plan. She was accompanied
          by Ryan Buck, Senior Planner and Nick Sapkiewicz, Associate Planner, who were
          responsible for putting the deficiencies together that she will be discussing. Copies of
          this are on their website, along with copies at all libraries and a binder with all the maps,
          and information at the City Clerk’s office for resident use.



       
 


    was opened for questions by board members. Commissioner Lenart complimented Ms.
    Blackmore and her staff for all their efforts adding that we are fortunate in having this
    organization being able to put together such a comprehensive plan for our community.
    He followed up by asking about the “crash” data and how often they should be looking
    at documents as it relates to their work in site planning. Ms. Blackmore recommended
    that they look at the long range plan for guidance.

    After further discussion, Chairperson Johnson commended Ms. Blackmore and her staff
    on the presentation.

2. Zoning Text Amendment – Arts and Performance Uses

    Mr. Murphy, City Planner, gave some background information adding that this had been
    discussed at the last Planning Commission meeting reviewing the concept. He and
    Commissioner Lenart have worked on this since the last meeting coming up with some
    specific changes to the arts related set of uses in the zoning ordinance, as well as
    coming up with some questions for further discussion. Mr. Murphy envisions that the
    board would discuss this at this meeting, handle some of the questions that were
    identified in the staff report and come back at the next meeting with a finalized version
    for the board’s review prior to going to City Council.

    Overall, the goal was to look at some of the uses in the ordinances, consolidate and
    clarify some of them, making them easier to administer and have a better understanding
    for the people.

    The first step was consolidation as noted below:

    Consolidation 
 
    The first step undertaken was to consolidate several related uses. Various districts
    permit, for example, “Dance studios”, “Dance and music studios, and other art studios”,
    “Fine arts studios and schools, and photography studios”, and “Photography studios”.
    Considering all of these “studios” to be fairly similar in intensity – as well as frequently
    found in combination – and considering that “studios” would often include teaching or
    class activities, staff proposes combining all of these activities into a listing for “Arts and
    crafts studios and schools”, with a new definition provided to demonstrate the breadth
    of this listing.

    Some further conversation was had with the City’s Fire Chief around existing ordinance
    language on kilns. The Fire Chief felt that this language was outdated and was not
    needed in the zoning ordinance. Fire and mechanical codes had, he said, “caught up to
    and passed,” the zoning in handling concerns like insulation, fire separation, ventilation,
    and emissions.

    A new listing (and definition) for “Cultural exhibit and performance venues”, is meant to
    capture the category of arts-related assembly uses. Museums, concert halls, theaters,
    and art galleries are included in this. These uses have in common the potential for high-
    traffic “event” activity, as well as more low-level sustained use, and seem appropriate

                                                3 
 
 


    for similar treatment. Staff also proposes removing language on some of these uses
    specifying “when publicly owned”. This had been a concern, for example, when staff
    was approached about the appropriate zoning for an “all-ages” music/concert venue –
    not accessory to a bar or restaurant use. With “concert halls” limited to public
    ownership in the PL district, and “theaters” defined as having seated patrons, and the
    proposed use not exactly a “private service club or meeting hall”, there seemed to be an
    unnecessary gap in use definitions.

    The division into two general “create/teach” and “perform/present” uses, and the new
    definitions, will hopefully provide enough guidance to easily categorize future proposed
    activities.
 
    Placement in districts 
 
    The combined “studio/school” use is shown as permitted in any district where one of its
    components had been permitted. Additionally, staff suggests including it as permitted in
    the smaller-scale commercial and transitional districts: RO, RC, B-1, and B-2. This may
    be overly permissive, but staff is looking to the Fire Chief’s assurances on kilns and
    related safety issues, the City’s general noise ordinance, and the size limits on individual
    uses in the B-1 and RC districts as generally preventing most conflicts.

    The “venue” use has been listed as permitted in the B3, WS, and PL districts, and as a
    special use in the RO and RC districts. The only change here is from special to
    permitted in the Workshop-Studio district, looking to the description of that zone as
    reasonably including exhibit and performance as a substantial part of the creative intent
    of the district. The use could likely be allowed in the CI and B-4 districts without fear of
    negative impacts, but is not necessarily within the intent of these districts, nor are there
    existing uses in these districts to be accommodated.
 
    “Cinema production or development” 
 
    This use is currently listed in the CI and WS districts as permitted; staff has not been
    able to find any definition of or background on the intent of this use. Staff considered
    removing this entirely, with “film” already included in the art studio definition. Recent
    interest around movies filmed in Ypsilanti and around the State, however, and
    particularly discussions of large-scale production facilities in former industrial spaces led
    to a recommendation to leave this listing, and expand it into the M-1 and M-2 districts.
    Here, the intent is to explicitly provide for the kinds of large-scale facilities occasionally
    discussed, while still allowing smaller-scale “film” to be considered as a viable “art
    studio” use.
 
    Pottery manufacture 
 
    With the Fire Chief’s input on the use of kilns in pottery studios, staff looked at the
    larger-scale version of this use, “manufacture of pottery and figurines or other similar
    ceramic products,” which also includes language of kilns. With the removal of this
    language, staff thought it appropriate to merge this use with a similar use permitted in



                                                4 
 
 


    both manufacturing districts, “manufacture of handicraft products, statuary and art
    goods,” etc.




                                           5 
 
 


    Mr. Murphy asked the board if there is anything that should be included in Arts Studio
    category or Performance category that is not clearly in these definitions currently.
    Looking at studio or school use; is this something that should be permitted only in upper
    stories and not street level, specifically in the B3 and CRD Districts. The intent of the
    limitation is to reserve the street level for active uses, i.e. restaurants, retail, etc. He
    also asked for input on arts and crafts use vs. manufacture of handicrafts products and
    if further definition is required.

    There were some questions on PUD’s for Water St and other concerns on Arts Studios
    that could trigger fire codes.

    Commissioner Lenart moved to open the public portion of the hearing (Support: Kevin
    smith) and the motion carried unanimously.

    Rachel Blistein, 314 Oak – in terms of uses, she noted that foundries for bronze or
    other metal casting are not mentioned. It is her opinion that these should be
    considered. She also voiced her opinion that consideration could be given to having a
    maximum number of first floor studio uses as a good compromise.

    Barry LaRue, 302 Oak – stated he was on the committee for the Washtenaw Cultural
    Plan. During that time, he had them include in their plan to encourage local elected
    officials to use zoning creatively and encourage develop of arts from facilities and
    services. He appreciates what the Planning Commission is reviewing since it is his
    opinion we need artistic endeavors downtown, Depot Town and some of the outlying
    areas. It was his opinion that these were extremely good changes and offered some
    other ideas.

    Commissioner McClemens moved to close the public portion of the hearing (Support: R.
    Andrews) and the motion carried unanimously.

    Commissioner Lenart stated that foundry/glass should be considered within Arts & Crafts
    but we should make clear what can be done in residential. He also felt that we should
    have some restriction on crafted items at the street level, i.e. 25% or 50% of sales. Mr.
    Murphy responded that he will investigate this further. For store fronts we should
    consider active uses. Commissioner Johnson stated we should be consistent. Some
    discussion was held on film/video productions. Commissioner Johnson stated that he is
    for protecting B3 because it is the economic entertainment driver for most cities.
    Further discussion was held with views and input from all the board members on their
    opinion of the various activities.


3. Planning Commission Annual Organizational Meeting

    Review of Bylaws

    After review of the bylaws, Commissioner Lenart moved to strike Section 4 of Article VIII
    that requires the Open Meetings Act apply for advisory committees. This would
    eliminate the need for sub-committees to post the meeting schedule, taking minutes,



 
                                     Planning Commission
                                       Meeting Minutes
                                        August 19, 2009
                                       Council Chambers
                                           7:00 P.M.


I.     CALL TO ORDER

       The meeting was called to order at 7:03 p.m.

II.    ROLL CALL

       Present:     R. Johnson, G. Clark, R. Andrews, D. Lautenbach, B. Lenart, K. Smith,
                    C. Zuellig,

       Absent:      B. McClemens (excused)

       Staff:       Richard Murphy, City Planner
                    Nan Schuette, Executive Secretary

III.   APPROVAL OF MINUTES – June 17, 2009 and July 15, 2009

       Commissioner Clark moved to approve the minutes of June 17, 2009 with recommended
       corrections (Support: D. Lautenbach) and the motion carried unanimously.
       Commissioner Clark moved to approve the minutes of July 15, 2009 with correction that
       Commissioner Andrews was excused for this meeting (Support: D. Lautenbach) and the
       motion carried unanimously.

IV.    AUDIENCE PARTICIPATION

       None

V.     PUBLIC HEARING ITEM

       1.       487 Owendale

       Commissioner Smith recused himself from this agenda item because of a financial
       conflict. Chairman Johnson acknowledged this and Commissioner Smith left the
       chamber.
    



       The neighbors adjacent to the property have indicated that they have no problem with
       the fencing.

       Chairman Johnson asked Ms. Edmunds to describe the “hoop house” which she did in
       detail.

       After further questions and responses by Ms. Edmunds, Commissioner Lenart moved
       that Planning Commission recommend approval of the Site Plan for 922 West Michigan,
       as revised dated August 19, 2009, with the following conditions to be addressed in a
       revised Site Plan, and the following waivers:

       Conditions:

       1.     6 foot-high screening fence must be installed within 90 days of written request
              by adjacent property owner to east.
       2.     Show hoop house stormwater conveyance on plans.
       3.     Requirements identified by the City’s engineer are addressed.
       4.     Staff works to resolve an appropriate response to the outdoor storage on the
              site.

       Waivers:

       1.     Waiver is granted for the proposed split-rail fence in lieu of screening of
              neighboring properties to the east.

       The motion was supported by Commissioner Lautenbach. A roll call vote was taken and
       carried unanimously.

VII.   OLD BUSINESS

       1.     Zoning Text Amendment

       The City Planner, R. Murphy, stated that the Planning Commission held a public hearing
       on June 17th to review draft zoning amendments on arts, craft, and performance related
       uses; several questions arose during the ensuing discussion for further investigation.

       Currently, manufacture of glass items is covered only in the C/I and M2 districts. Staff
       does not recommend making changes here. A speaker at the last meeting brought up
       metal art, such as bronze casting, as an art form not clearly included in the ordinance.
       The City currently has a noted professional metal sculptor. The largest potential
       concern with metalworking would be the heat involved – some brief research suggests
       that common jewelry and sculpture metals all have lower melting temperatures than are
       required for firing clay pottery or glassblowing. It would be reasonable to include metal
       sculpture with these uses.

       Film production – the City Planner spent time with the City Attorney discussing the need
       to contain exclusion for production of adult films. Staff has drafted a few definitions

                                                  9 
    
   


      that could be added to the “adult regulated use” section in order to include adult film
      production in this category of uses. Staff and legal counsel are still discussing potential
      concerns – two draft definitions are provided for Commission discussion.

      Craft vs manufacture – Staff has not been able to come up with a more specific
      definition than the existing “handmade production of items”.

      Further discussion was held on uses for street level vs upper stories. Staff recommends
      that an initial approach be taken of requiring a special use permit for these uses at
      storefront level in the Central Business District, as a flexible “temporary” treatment.

      Commissioners reviewed all of the items as listed in the staff report dated July 7, 2009
      with their comments.

      Commissioner Zuellig moved to direct the City Planner to write a formal zoning
      ordinance text amendment as related in the July 7th staff report with the accompanying
      definitions except for the arts studios and schools being a special use on the first floor in
      B3 and combining the two definitions related to adult pornographic film production.

      The motion was supported by Commissioner Clark and carried unanimously.

      2.     Review of Bylaws

      The City Planner stated that the only outstanding question on the bylaws was the
      reference to all sub-committees having to follow the open meetings requirements;
      Is it necessary if the sub-committees could not have a quorum and did not make any
      decision? The City Attorney’s opinion is that the Open Meetings Act does not generally
      apply to sub-quorum committees but it would depend on the intention of the committee.
      We cannot have three separate sub-committees with less than a quorum that each
      discusses the same issue. The question of posting times and locations ahead of time if
      we do not know ahead of time if we are having a meeting was an issue. The City
      Attorney recommends that we take out the reference to follow all of the explicit open
      meeting requirements but make a good faith effort to state when a meeting is proposed
      and suggest that a check of the Planning Department be done to confirm the meeting.

      Commissioner Lenart moved to amend the bylaws to strike Article VIII, Section 4 of the
      bylaws (Support: C. Zuellig) and the motion carried unanimously.

VIII. FUTURE BUSINESS DISCUSSION/UPDATES

      1.     Sub-Committee Updates

      The consensus of the board is that some zoning action needs to be taken on Water
      Street by City Council. Commissioner Clark moved to direct the City Planner to write a
      resolution urging City Council to provide some movement or direction for the Planning
      commission in the realm of our zoning proposals that are stuck in second reading within
      the framework of the Master Plan (Support: K. Smith). Commissioner Lenart opposed.
      The motion carried.

                                                 10 
   
                                                             Resolution No. 2009-235
                                                                      October 20, 2009


RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI:

THAT the public hearing to consider the proposed Ordinance entitled "ARTS USES ZONING
TEXT AMENDMENTS" be officially closed.




OFFERED BY: ____________________________________________________________

SUPPORTED BY: _________________________________________________________

YES:           NO:              ABSENT:              VOTE:
                                                                            Resolution No. 2009 – 236
                                                                                     October 20, 2009
                                                                                                 (Revised)




RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI,

That the following items be approved:

   1. Resolution No. 2009-219, approving the participation agreement with McLeodUSA
      Telecommunications Services, Inc. d/b/a PAETEC.

   2. Resolution No. 2009-237, approving Ordinance No. 1107, an ordinance to amend Chapter 18,
      entitled “Buildings and Building Regulations” by amending Article VI, “Inspection and Control of
      Certain Buildings,” Division 1, “Generally” of the City of Ypsilanti Code of Ordinances. (Second
       Reading)

   3. Resolution No. 2009-238, approving Ordinance No. 1108, an ordinance to amend Chapter 1,
      entitled “General Provisions” of the City of Ypsilanti Code of Ordinances. (Second Reading)

   4. Resolution No. 2009-239, approving Ordinance No. 1109, an ordinance to amend Chapter 18,
      entitled “Buildings and Building Regulations”, Article V, “Property Maintenance Code” of the City
      of Ypsilanti Code of Ordinances. (Second Reading)

   5. Resolution No. 2009-240, approving Ordinance 1110, an ordinance to amend Chapter 18, entitled
      “Buildings and Building Regulations”, Article III, “State Construction Code”, of the City of Ypsilanti
      Code of Ordinances. (Second Reading)

   6. Resolution No. 2009-241, approving Ordinance 1111, an ordinance to amend Chapter 18, entitled
      “Buildings and Buildings Regulations”, Article IV, “Electrical Code”, of the City of Ypsilanti Code of
      Ordinances. (Second Reading)

   7. Resolution No. 2009-243, approving application to Department of Energy (DOE) for Energy
      Efficiency and Conservation Grant (EECBG) funds

   8. Resolution No. 2009-244, approving 2010 City Council Meeting Schedule.




OFFERED BY:

SUPPORTED BY:                                                             ________

YES:           NO:                      ABSENT:                           VOTE:
                                      REQUEST FOR LEGISLATION



FROM:               Marilou Uy, Fiscal Services Director
SUBJECT:            Telecommunications Carrier Services Participation Agreement
DATE:               October 20, 2009

SUMMARY AND BACKGROUND:
Telephone services for the City of Ypsilanti have been provided under contract with AT&T for
the last three years. That contract expired on April 3, 2009 at which time the City requested
pricing information from AT&T for a new contract and that the old contract be extended on a
month to month basis. In addition, the City contacted Washtenaw County regarding possible
collaboration on a new telephone contract. At that time we were advised that the County
would be switching telephone service providers in collaboration with the City of Ann Arbor.
The County contacted their new provider Paetec to see if the City would be eligible for
participation in the City of Ann Arbor’s collaborative group.

The response was affirmative and the City met with Paetec to discuss how that collaboration
would work. After discussing the City’s needs Paetec provided the attached price comparison
comparing the City’s cost under the old AT&T contract with the pricing the City would receive
if it signed a contract to receive services under the City of Ann Arbor’s contract. This
comparison includes the addition of a T1 line for the Department of Public Services to
significantly increase their speed of access to the City’s network.

In the past the Police Department indicated that because of collaboration with Oakland
County on the CLEMIS system they were required to use AT&T for those services. Current
research indicated the requirement is to secure maintenance services and not that the
service needs to be provided by a certain vendor.

It is therefore our recommendation that the City Council authorize the City to enter a
contract for telephone services to Paetec beginning as outlined in the contract and ending
August 15, 2011. The contract has been approved by the City Attorney as to form as noted
in the attached memo. Please feel free to contact me at 734-483-1105 or by e-mail at
muy@cityofypsilanti.com with any questions.

RECOMMENDED ACTION: Approval of Paetec Participation Agreement and authorizing the
Mayor and the City Clerk to sign this Agreement and to sign the Pricing Addendum.

ATTACHMENTS:       Paetec Participation Agreement, Paetec Pricing Addendum, City of Ann
Arbor Master Service Agreement, John Barr memo, AT&T Contract Renewal Documents and
updated Paetec/AT&T Price Comparison.
CITY MANAGER APPROVAL:       Agenda Date: October 20th, 2009

CITY MANAGER COMMENTS:

FINANCE DIRECTOR APPROVAL:
                                                                      Resolution No. 2009-219
                                                                             October 20, 2009
                                                                                     Revised




RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI:

WHEREAS, the City of Ypsilanti’s contract with AT&T for telephone services expired with on
April 3, 2009, and has been extended on a month to month basis; AND

WHEREAS, the City of Ann Arbor issued RFP #699 dated March 27, 2008 and based upon
the responses chose McLeodUSA Telecommunications Services, inc. d/b/a/ PAETEC as their
provider; AND

WHEREAS, Washtenaw County has chosen to participate in the City of Ann Arbor contract
for Telecommunications Services and is satisfied with the services they receive; AND

WHEREAS, the City of Ypsilanti contracts with Washtenaw County to provide Telephone
maintenance; AND

WHEREAS, the price comparison provided by PAETEC indicates significant monthly savings
would be realized by the City of Ypsilanti by participating in the City of Ann Arbor’s contract.

NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Ypsilanti approves
the Participation Agreement and Pricing Addendum with McLeodUSA Telecommunications
Services, inc. d/b/a/ PAETEC. Council further authorizes the Mayor and City Clerk to sign the
agreement on behalf of the City.




OFFERED BY:

SUPPORTED BY:

YES:                       NO:                  ABSENT:                     VOTE:
Customer Name: City of Ypsilanti                               Sales Representative:   Marni Aaronson
Business Name: City of Ypsilanti                                     Contact Number:   (248)-530-2162
Contact Name: Ed Koryzno                                             E-Mail Address:   Marni.Aaronson@paetec.com
Contact Phone: (734)483-1810                                                   Term:   36 Months


                                                                         Discounted
                   Products and Services        Quantity List Price                 Total MRC    Total NRC
                                                                            Price


   Location 1 of 7:
   City of Ypsilanti -- Primary Location
   1 S HURON, YPSILANTI, MI - 48197
    LOCAL LINES
     Local Lines                                    1            $0.00        $0.00      $0.00          $0.00
     OneLine Preferred Package                      1           $27.95       $23.76     $23.76            N/A
     Main Directory Listing                         1            $0.00        $0.00      $0.00          $0.00
     Line Service Order Charge                      1           $40.00       $40.00        N/A          $0.00
     Phone Number                                   1            $0.00        $0.00      $0.00          $0.00
       ani                                     (734)483-7324
     OneLine Preferred Package                      1           $27.95       $23.76     $23.76            N/A
     Line Service Order Charge                      1           $40.00       $40.00        N/A          $0.00
     Phone Number                                   1            $0.00        $0.00      $0.00          $0.00
       ani                                     (734)483-7387
     OneLine Preferred Package                      1           $27.95       $23.76     $23.76            N/A
     Line Service Order Charge                      1           $40.00       $40.00        N/A          $0.00
     Phone Number                                   1            $0.00        $0.00      $0.00          $0.00
       ani                                     (734)483-9650
     OneLine Preferred Package                      1           $27.95       $23.76     $23.76            N/A
     Line Service Order Charge                      1           $40.00       $40.00        N/A          $0.00
     Phone Number                                   1            $0.00        $0.00      $0.00          $0.00
       ani                                     (734)483-9654
     OneLine Preferred Package                      1           $27.95       $23.76     $23.76            N/A
     Line Service Order Charge                      1           $40.00       $40.00        N/A          $0.00
     Phone Number                                   1            $0.00        $0.00      $0.00          $0.00
       ani                                     (734)487-5258
     Long Distance Select Plan                      1            $0.00        $0.00      $0.00          $0.00
     OneLine Preferred Package                      1           $27.95       $23.76     $23.76            N/A
     Line Service Order Charge                      1           $40.00       $40.00        N/A          $0.00
     Phone Number                                   1            $0.00        $0.00      $0.00          $0.00
       ani                                     (734)485-1758

                                                               Non-Usage Sub-Total:    $142.54           $0.00
    Estimated Usage-Based Charges
     Long Distance Intrastate Calling               1          $0.0310      $0.0264                        N/A
     Long Distance Interstate Calling               1          $0.0300      $0.0255                        N/A
     Long Distance Canada Calling                   1          $0.0420      $0.0357                        N/A




    Main Account #: 9206177                PAETEC Pricing Addendum                         10/13/2009 03:55 PM
    Sales Order #: 116539                         V20080208                                        Page: 1 of 12
Customer Name: City of Ypsilanti                               Sales Representative:    Marni Aaronson
Business Name: City of Ypsilanti                                     Contact Number:    (248)-530-2162
Contact Name: Ed Koryzno                                              E-Mail Address:   Marni.Aaronson@paetec.com
Contact Phone: (734)483-1810                                                    Term:   36 Months


                                                                         Discounted
                   Products and Services        Quantity List Price                 Total MRC     Total NRC
                                                                            Price


     Long Distance Extended Calling                 1          $0.0520       $0.0442                        N/A
                                                                     Usage Sub-Total:     $0.00           $0.00
                                                                Location Sub-Total:     $142.54           $0.00

   Location 2 of 7:
   Fire
   525 W MICHIGAN, YPSILANTI, MI - 48197
    LOCAL LINES
     Local Lines                                    1            $0.00         $0.00     $0.00           $0.00
     OneLine Preferred Package                      1           $27.95        $23.76    $23.76             N/A
     Main Directory Listing                         1            $0.00         $0.00     $0.00           $0.00
     Line Service Order Charge                      1           $40.00        $40.00       N/A           $0.00
     Phone Number                                   1            $0.00         $0.00     $0.00           $0.00
       ani                                     (734)482-3311
     Long Distance Select Plan                      1            $0.00         $0.00     $0.00           $0.00
     OneLine Preferred Package                      1           $27.95        $23.76    $23.76             N/A
     Line Service Order Charge                      1           $40.00        $40.00       N/A           $0.00
     Phone Number                                   1            $0.00         $0.00     $0.00           $0.00
       ani                                     (734)483-7690

                                                               Non-Usage Sub-Total:      $47.52           $0.00
    Estimated Usage-Based Charges
     Long Distance Intrastate Calling               1          $0.0310       $0.0264                        N/A
     Long Distance Interstate Calling               1          $0.0300       $0.0255                        N/A
     Long Distance Canada Calling                   1          $0.0420       $0.0357                        N/A
     Long Distance Extended Calling                 1          $0.0520       $0.0442                        N/A
                                                                     Usage Sub-Total:     $0.00           $0.00
                                                                Location Sub-Total:      $47.52           $0.00

   Location 3 of 7:
   Police2
   505 W MICHIGAN, YPSILANTI, MI - 48197
    LOCAL LINES
     Local Lines                                    1            $0.00         $0.00      $0.00          $0.00




    Main Account #: 9206177                PAETEC Pricing Addendum                          10/13/2009 03:55 PM
    Sales Order #: 116539                         V20080208                                         Page: 2 of 12
Customer Name: City of Ypsilanti                                Sales Representative:    Marni Aaronson
Business Name: City of Ypsilanti                                      Contact Number:    (248)-530-2162
Contact Name: Ed Koryzno                                               E-Mail Address:   Marni.Aaronson@paetec.com
Contact Phone: (734)483-1810                                                     Term:   36 Months


                                                                          Discounted
                   Products and Services         Quantity List Price                 Total MRC     Total NRC
                                                                             Price


     OneLine Preferred Package                       1           $27.95        $23.76     $23.76            N/A
     Main Directory Listing                          1            $0.00         $0.00      $0.00          $0.00
     Line Service Order Charge                       1           $40.00        $40.00        N/A          $0.00
     Phone Number                                    1            $0.00         $0.00      $0.00          $0.00
       ani                                      (734)483-7694
     OneLine Preferred Package                       1           $27.95        $23.76     $23.76            N/A
     Line Service Order Charge                       1           $40.00        $40.00        N/A          $0.00
     Phone Number                                    1            $0.00         $0.00      $0.00          $0.00
       ani                                      (734)483-7060
     Long Distance Select Plan                       1            $0.00         $0.00      $0.00          $0.00
                                                                Non-Usage Sub-Total:      $47.52           $0.00
    Estimated Usage-Based Charges
     Long Distance Intrastate Calling                1          $0.0310       $0.0264                        N/A
     Long Distance Interstate Calling                1          $0.0300       $0.0255                        N/A
     Long Distance Canada Calling                    1          $0.0420       $0.0357                        N/A
     Long Distance Extended Calling                  1          $0.0520       $0.0442                        N/A
                                                                      Usage Sub-Total:     $0.00           $0.00
    DEDICATED LOCAL
     Dedicated Local                                1             $0.00         $0.00      $0.00          $0.00
     On-Switch PRI 23-Channel Config                1           $420.00       $357.00    $357.00            N/A
     Local Loop - Dedicated Local - DS1             1             $0.00         $0.00      $0.00          $0.00
     Dedicated Local Service Order Charge           1           $250.00       $250.00        N/A          $0.00
     Caller ID Name and Number                      1             $0.00         $0.00      $0.00            N/A
     Call Transfer with Release                     1             $0.00         $0.00      $0.00            N/A
     PS-ALI Advanced                                1             $0.25         $0.25      $0.25            N/A
     PS-ALI Advanced Installation                   1           $300.00       $300.00        N/A          $0.00
     PS-ALI Advanced Load                           1           $250.00       $250.00        N/A          $0.00
     Long Distance Select Plan                      1             $0.00         $0.00      $0.00          $0.00
     Additional Directory Listing                   1             $5.00         $4.25      $4.25            N/A
     Additional Directory Listing                   1             $5.00         $4.25      $4.25            N/A
     Additional Directory Listing                   1             $5.00         $4.25      $4.25            N/A
     Additional Directory Listing                   1             $5.00         $4.25      $4.25            N/A
     Additional Directory Listing                   1             $5.00         $4.25      $4.25            N/A
     DID Non-Sequential Numbers                     50            $0.00         $0.00      $0.00            N/A
       didNumber                                (734)487-8742




    Main Account #: 9206177                 PAETEC Pricing Addendum                          10/13/2009 03:55 PM
    Sales Order #: 116539                          V20080208                                         Page: 3 of 12
Customer Name: City of Ypsilanti                               Sales Representative:   Marni Aaronson
Business Name: City of Ypsilanti                                     Contact Number:   (248)-530-2162
Contact Name: Ed Koryzno                                             E-Mail Address:   Marni.Aaronson@paetec.com
Contact Phone: (734)483-1810                                                  Term:    36 Months


                                                                       Discounted
                   Products and Services        Quantity List Price               Total MRC    Total NRC
                                                                          Price


       didNumber                               (734)482-1025
       didNumber                               (734)482-2061
       didNumber                               (734)482-5790
       didNumber                               (734)482-7784
       didNumber                               (734)482-9618
       didNumber                               (734)482-9620
       didNumber                               (734)482-9623
       didNumber                               (734)482-9624
       didNumber                               (734)482-9626
       didNumber                               (734)482-9631
       didNumber                               (734)482-9632
       didNumber                               (734)482-9633
       didNumber                               (734)482-9638
       didNumber                               (734)482-9643
       didNumber                               (734)482-9647
       didNumber                               (734)482-9655
       didNumber                               (734)482-9656
       didNumber                               (734)482-9658
       didNumber                               (734)482-9661
       didNumber                               (734)482-9667
       didNumber                               (734)482-9668
       didNumber                               (734)482-9672
       didNumber                               (734)482-9674
       didNumber                               (734)482-9676
       didNumber                               (734)482-9677
       didNumber                               (734)482-9679
       didNumber                               (734)482-9680
       didNumber                               (734)482-9684
       didNumber                               (734)482-9697
       didNumber                               (734)482-9704
       didNumber                               (734)482-9707
       didNumber                               (734)482-9709
       didNumber                               (734)482-9719
       didNumber                               (734)482-9729
       didNumber                               (734)482-9733
       didNumber                               (734)482-9741
       didNumber                               (734)482-9742
       didNumber                               (734)482-9750
       didNumber                               (734)482-9755
       didNumber                               (734)482-9759
       didNumber                               (734)482-9762
       didNumber                               (734)482-9771




    Main Account #: 9206177                PAETEC Pricing Addendum                         10/13/2009 03:55 PM
    Sales Order #: 116539                         V20080208                                        Page: 4 of 12
Customer Name: City of Ypsilanti                               Sales Representative:   Marni Aaronson
Business Name: City of Ypsilanti                                     Contact Number:   (248)-530-2162
Contact Name: Ed Koryzno                                             E-Mail Address:   Marni.Aaronson@paetec.com
Contact Phone: (734)483-1810                                                   Term:   36 Months


                                                                         Discounted
                   Products and Services        Quantity List Price                 Total MRC    Total NRC
                                                                            Price


       didNumber                               (734)482-9774
       didNumber                               (734)482-9778
       didNumber                               (734)482-9779
       didNumber                               (734)482-9780
       didNumber                               (734)482-9786
       didNumber                               (734)482-9801
       didNumber                               (734)482-9806
     DID Number Installation Charge                50            $0.00        $0.00        N/A          $0.00
     DID Non-Sequential Numbers                    80            $0.00        $0.00      $0.00            N/A
       didNumber                               (734)482-9815
       didNumber                               (734)482-9816
       didNumber                               (734)482-9817
       didNumber                               (734)482-9818
       didNumber                               (734)482-9820
       didNumber                               (734)482-9825
       didNumber                               (734)482-9832
       didNumber                               (734)482-9839
       didNumber                               (734)482-9842
       didNumber                               (734)482-9844
       didNumber                               (734)482-9847
       didNumber                               (734)482-9850
       didNumber                               (734)482-9865
       didNumber                               (734)482-9872
       didNumber                               (734)482-9878
       didNumber                               (734)482-9882
       didNumber                               (734)482-9894
       didNumber                               (734)482-9931
       didNumber                               (734)483-1100
       didNumber                               (734)483-1103
       didNumber                               (734)483-1104
       didNumber                               (734)483-1105
       didNumber                               (734)483-1106
       didNumber                               (734)483-1242
       didNumber                               (734)483-1530
       didNumber                               (734)483-1555
       didNumber                               (734)483-1810
       didNumber                               (734)483-1811
       didNumber                               (734)483-2007
       didNumber                               (734)483-2311
       didNumber                               (734)483-2312
       didNumber                               (734)483-2313
       didNumber                               (734)483-3131




    Main Account #: 9206177                PAETEC Pricing Addendum                         10/13/2009 03:55 PM
    Sales Order #: 116539                         V20080208                                        Page: 5 of 12
Customer Name: City of Ypsilanti                               Sales Representative:   Marni Aaronson
Business Name: City of Ypsilanti                                     Contact Number:   (248)-530-2162
Contact Name: Ed Koryzno                                             E-Mail Address:   Marni.Aaronson@paetec.com
Contact Phone: (734)483-1810                                                  Term:    36 Months


                                                                       Discounted
                   Products and Services        Quantity List Price               Total MRC    Total NRC
                                                                          Price


       didNumber                               (734)483-4949
       didNumber                               (734)483-5843
       didNumber                               (734)483-5849
       didNumber                               (734)483-5849
       didNumber                               (734)483-6740
       didNumber                               (734)483-6750
       didNumber                               (734)483-6753
       didNumber                               (734)483-6753
       didNumber                               (734)483-7020
       didNumber                               (734)483-7087
       didNumber                               (734)483-7117
       didNumber                               (734)483-7117
       didNumber                               (734)483-7207
       didNumber                               (734)483-7260
       didNumber                               (734)483-7272
       didNumber                               (734)483-7272
       didNumber                               (734)483-7276
       didNumber                               (734)483-7282
       didNumber                               (734)483-7290
       didNumber                               (734)483-7290
       didNumber                               (734)483-7340
       didNumber                               (734)483-7360
       didNumber                               (734)483-7388
       didNumber                               (734)483-7389
       didNumber                               (734)483-7396
       didNumber                               (734)483-7444
       didNumber                               (734)483-7453
       didNumber                               (734)483-7477
       didNumber                               (734)483-7530
       didNumber                               (734)483-7544
       didNumber                               (734)483-7580
       didNumber                               (734)483-7583
       didNumber                               (734)483-7584
       didNumber                               (734)483-7587
       didNumber                               (734)483-7671
       didNumber                               (734)483-7707
       didNumber                               (734)483-8590
       didNumber                               (734)483-8591
       didNumber                               (734)483-8777
       didNumber                               (734)483-8932
       didNumber                               (734)483-9510
       didNumber                               (734)483-9511




    Main Account #: 9206177                PAETEC Pricing Addendum                         10/13/2009 03:55 PM
    Sales Order #: 116539                         V20080208                                        Page: 6 of 12
Customer Name: City of Ypsilanti                                     Sales Representative:   Marni Aaronson
Business Name: City of Ypsilanti                                          Contact Number:    (248)-530-2162
Contact Name: Ed Koryzno                                                  E-Mail Address:    Marni.Aaronson@paetec.com
Contact Phone: (734)483-1810                                                         Term:   36 Months


                                                                               Discounted
                   Products and Services             Quantity List Price                  Total MRC    Total NRC
                                                                                  Price


       didNumber                                     (734)483-9513
       didNumber                                     (734)483-9641
       didNumber                                     (734)483-9643
       didNumber                                     (734)483-9644
       didNumber                                     (734)483-9646
     DID Number Installation Charge                      80            $1.00       $80.00       N/A           $0.00
                                                                     Non-Usage Sub-Total:    $378.50           $0.00
    Estimated Usage-Based Charges
     Long Distance Intrastate Calling                    1           $0.0310      $0.0264                        N/A
     Long Distance Interstate Calling                    1           $0.0300      $0.0255                        N/A
     Long Distance Canada Calling                        1           $0.0420      $0.0357                        N/A
     Long Distance Extended Calling                      1           $0.0520      $0.0442                        N/A
                                                                         Usage Sub-Total:      $0.00           $0.00
                                                                      Location Sub-Total:    $426.02           $0.00

   Location 4 of 7:
   City of Ypsilanti DPW
   14 W FOREST AV, YPSILANTI, MI - 48197
    DYNAMIC INTEGRATED ACCESS
     Dynamic Integrated Access                           1             $0.00        $0.00      $0.00          $0.00
     Line Solution Base Package - 4 Voice + Up To
                                                         1           $330.00      $280.50    $280.50             N/A
     1.5 mbps Internet
     Local Loop - DYIA - DS1                             1             $0.00        $0.00      $0.00          $0.00
     Main Directory Listing                              1             $0.00        $0.00      $0.00          $0.00
     Dynamic IA Line                                     1             $0.00        $0.00      $0.00            N/A
       ani                                           (NEW)ANI
     Dynamic IA Line                                     1             $0.00        $0.00      $0.00             N/A
       ani                                           (NEW)ANI
     Dynamic IA Line                                     1             $0.00        $0.00      $0.00             N/A
       ani                                           (NEW)ANI
     Dynamic IA Line                                     1             $0.00        $0.00      $0.00             N/A
       ani                                           (NEW)ANI
     Adtran 1.5 Mbps TA908 Rental                        1            $41.00       $34.85     $34.85            N/A
     Dynamic IA Installation Charge                      1           $250.00      $250.00        N/A          $0.00
     Standard Equipment Rental Installation Charge       1           $500.00      $500.00        N/A          $0.00




    Main Account #: 9206177                    PAETEC Pricing Addendum                           10/13/2009 03:55 PM
    Sales Order #: 116539                              V20080208                                         Page: 7 of 12
Customer Name: City of Ypsilanti                               Sales Representative:    Marni Aaronson
Business Name: City of Ypsilanti                                     Contact Number:    (248)-530-2162
Contact Name: Ed Koryzno                                              E-Mail Address:   Marni.Aaronson@paetec.com
Contact Phone: (734)483-1810                                                    Term:   36 Months


                                                                         Discounted
                   Products and Services        Quantity List Price                 Total MRC     Total NRC
                                                                            Price


     Long Distance Select Plan                      1            $0.00         $0.00      $0.00          $0.00
                                                               Non-Usage Sub-Total:     $315.35           $0.00
    Estimated Usage-Based Charges
     Long Distance Intrastate Calling               1          $0.0310       $0.0264                        N/A
     Long Distance Interstate Calling               1          $0.0300       $0.0255                        N/A
     Long Distance Canada Calling                   1          $0.0420       $0.0357                        N/A
     Long Distance Extended Calling                 1          $0.0520       $0.0442                        N/A
                                                                     Usage Sub-Total:     $0.00           $0.00
    LOCAL LINES
     Local Lines                                    1            $0.00         $0.00     $0.00           $0.00
     OneLine Preferred Package                      1           $27.95        $23.76    $23.76             N/A
     Line Service Order Charge                      1           $40.00        $40.00       N/A           $0.00
     Phone Number                                   1            $0.00         $0.00     $0.00           $0.00
       ani                                     (734)483-1018
     OneLine Preferred Package                      1           $27.95        $23.76    $23.76             N/A
     Line Service Order Charge                      1           $40.00        $40.00       N/A           $0.00
     Phone Number                                   1            $0.00         $0.00     $0.00           $0.00
       ani                                     (734)482-7894
     OneLine Preferred Package                      1           $27.95        $23.76    $23.76             N/A
     Line Service Order Charge                      1           $40.00        $40.00       N/A           $0.00
     Phone Number                                   1            $0.00         $0.00     $0.00           $0.00
       ani                                     (734)482-9478
     OneLine Preferred Package                      1           $27.95        $23.76    $23.76             N/A
     Line Service Order Charge                      1           $40.00        $40.00       N/A           $0.00
     Phone Number                                   1            $0.00         $0.00     $0.00           $0.00
       ani                                     (734)483-1421
     OneLine Preferred Package                      1           $27.95        $23.76    $23.76             N/A
     Line Service Order Charge                      1           $40.00        $40.00       N/A           $0.00
     Phone Number                                   1            $0.00         $0.00     $0.00           $0.00
       ani                                     (734)483-1422
     OneLine Preferred Package                      1           $27.95        $23.76    $23.76             N/A
     Line Service Order Charge                      1           $40.00        $40.00       N/A           $0.00
     Phone Number                                   1            $0.00         $0.00     $0.00           $0.00
       ani                                     (734)483-9636
     OneLine Preferred Package                      1           $27.95        $23.76    $23.76              N/A




    Main Account #: 9206177                PAETEC Pricing Addendum                          10/13/2009 03:55 PM
    Sales Order #: 116539                         V20080208                                         Page: 8 of 12
Customer Name: City of Ypsilanti                               Sales Representative:    Marni Aaronson
Business Name: City of Ypsilanti                                     Contact Number:    (248)-530-2162
Contact Name: Ed Koryzno                                              E-Mail Address:   Marni.Aaronson@paetec.com
Contact Phone: (734)483-1810                                                    Term:   36 Months


                                                                         Discounted
                   Products and Services        Quantity List Price                 Total MRC     Total NRC
                                                                            Price


     Line Service Order Charge                      1           $40.00        $40.00        N/A          $0.00
     Phone Number                                   1            $0.00         $0.00      $0.00          $0.00
       ani                                     (734)483-9645
     OneLine Preferred Package                      1           $27.95        $23.76    $23.76             N/A
     Line Service Order Charge                      1           $40.00        $40.00       N/A           $0.00
     Phone Number                                   1            $0.00         $0.00     $0.00           $0.00
       ani                                     (734)485-1316
     Long Distance Select Plan                      1            $0.00         $0.00      $0.00          $0.00
                                                               Non-Usage Sub-Total:     $190.06           $0.00
    Estimated Usage-Based Charges
     Long Distance Intrastate Calling               1          $0.0310       $0.0264                        N/A
     Long Distance Interstate Calling               1          $0.0300       $0.0255                        N/A
     Long Distance Canada Calling                   1          $0.0420       $0.0357                        N/A
     Long Distance Extended Calling                 1          $0.0520       $0.0442                        N/A
                                                                     Usage Sub-Total:     $0.00           $0.00
                                                                Location Sub-Total:     $505.41           $0.00

   Location 5 of 7:
   City Clerk
   1 S HURON, YPSILANTI, MI - 48197
    LOCAL LINES
     Local Lines                                    1            $0.00         $0.00     $0.00           $0.00
     OneLine Preferred Package                      1           $27.95        $23.76    $23.76             N/A
     Main Directory Listing                         1            $0.00         $0.00     $0.00           $0.00
     Line Service Order Charge                      1           $40.00        $40.00       N/A           $0.00
     Phone Number                                   1            $0.00         $0.00     $0.00           $0.00
       ani                                     (734)487-8758
     OneLine Preferred Package                      1           $27.95        $23.76    $23.76             N/A
     Line Service Order Charge                      1           $40.00        $40.00       N/A           $0.00
     Phone Number                                   1            $0.00         $0.00     $0.00           $0.00
       ani                                     (734)544-0989
     Long Distance Select Plan                      1            $0.00         $0.00      $0.00          $0.00
                                                               Non-Usage Sub-Total:      $47.52           $0.00




    Main Account #: 9206177                PAETEC Pricing Addendum                          10/13/2009 03:55 PM
    Sales Order #: 116539                         V20080208                                         Page: 9 of 12
Customer Name: City of Ypsilanti                               Sales Representative:    Marni Aaronson
Business Name: City of Ypsilanti                                     Contact Number:    (248)-530-2162
Contact Name: Ed Koryzno                                              E-Mail Address:   Marni.Aaronson@paetec.com
Contact Phone: (734)483-1810                                                    Term:   36 Months


                                                                         Discounted
                   Products and Services        Quantity List Price                 Total MRC    Total NRC
                                                                            Price


    Estimated Usage-Based Charges
     Long Distance Intrastate Calling               1          $0.0310       $0.0264                      N/A
     Long Distance Interstate Calling               1          $0.0300       $0.0255                      N/A
     Long Distance Canada Calling                   1          $0.0420       $0.0357                      N/A
     Long Distance Extended Calling                 1          $0.0520       $0.0442                      N/A
                                                                     Usage Sub-Total:    $0.00           $0.00
                                                                Location Sub-Total:     $47.52           $0.00

   Location 6 of 7:
   City Attorney
   105 PEARL ST, YPSILANTI, MI - 48197
    LOCAL LINES
     Local Lines                                    1            $0.00         $0.00     $0.00           $0.00
     OneLine Preferred Package                      1           $27.95        $23.76    $23.76             N/A
     Main Directory Listing                         1            $0.00         $0.00     $0.00           $0.00
     Line Service Order Charge                      1           $40.00        $40.00       N/A           $0.00
     Phone Number                                   1            $0.00         $0.00     $0.00           $0.00
       ani                                     (734)483-9642
     Long Distance Select Plan                      1            $0.00         $0.00     $0.00           $0.00
                                                               Non-Usage Sub-Total:     $23.76           $0.00
    Estimated Usage-Based Charges
     Long Distance Intrastate Calling               1          $0.0310       $0.0264                      N/A
     Long Distance Interstate Calling               1          $0.0300       $0.0255                      N/A
     Long Distance Canada Calling                   1          $0.0420       $0.0357                      N/A
     Long Distance Extended Calling                 1          $0.0520       $0.0442                      N/A
                                                                     Usage Sub-Total:    $0.00           $0.00
                                                                Location Sub-Total:     $23.76           $0.00

   Location 7 of 7:
   Radio Lines
   882 CLARK RD W, SUPRIOR TWP, MI - 48198
    DYNAMIC INTEGRATED ACCESS
     Dynamic Integrated Access                      1            $0.00         $0.00     $0.00           $0.00




    Main Account #: 9206177                PAETEC Pricing Addendum                          10/13/2009 03:55 PM
    Sales Order #: 116539                         V20080208                                      Page: 10 of 12
Customer Name: City of Ypsilanti                                       Sales Representative:   Marni Aaronson
Business Name: City of Ypsilanti                                            Contact Number:    (248)-530-2162
Contact Name: Ed Koryzno                                                    E-Mail Address:    Marni.Aaronson@paetec.com
Contact Phone: (734)483-1810                                                           Term:   36 Months


                                                                                 Discounted
                   Products and Services                 Quantity List Price                Total MRC    Total NRC
                                                                                    Price


     Line Solution Base Package - 4 Voice + Up To
                                                             1         $330.00       $280.50   $280.50            N/A
     1.5 mbps Internet
     Local Loop - DYIA - DS1                                 1           $0.00         $0.00     $0.00          $0.00
     Main Directory Listing                                  1           $0.00         $0.00     $0.00          $0.00
     Dynamic IA Line                                         1           $0.00         $0.00     $0.00            N/A
       ani                                               (NEW)ANI
     Dynamic IA Line                                         1           $0.00         $0.00     $0.00            N/A
       ani                                               (NEW)ANI
     Dynamic IA Line                                         1           $0.00         $0.00     $0.00            N/A
       ani                                               (NEW)ANI
     Dynamic IA Line                                         1           $0.00         $0.00     $0.00            N/A
       ani                                               (NEW)ANI
     Adtran 1.5 Mbps TA908 Rental                            1          $41.00        $34.85    $34.85            N/A
     Dynamic IA Installation Charge                          1         $250.00       $250.00       N/A          $0.00
     Standard Equipment Rental Installation Charge           1         $500.00       $500.00       N/A          $0.00
     Long Distance Plan                                      1           $0.00         $0.00     $0.00          $0.00
     Non-Published Listing                                   1           $5.00         $4.25     $4.25            N/A
     UnPublished Directory Listing Installation Charge       1           $3.50         $3.50       N/A          $0.00
                                                                       Non-Usage Sub-Total:    $319.60          $0.00
    Estimated Usage-Based Charges
     Long Distance Intrastate Calling                        1         $0.0380       $0.0323                      N/A
     Long Distance Interstate Calling                        1         $0.0350       $0.0298                      N/A
     Long Distance Canada Calling                            1         $0.0420       $0.0357                      N/A
     Long Distance Extended Calling                          1         $0.0700       $0.0595                      N/A
                                                                           Usage Sub-Total:      $0.00          $0.00
                                                                        Location Sub-Total:    $319.60          $0.00

                                            Total MRC:                   $1,512.36
                                            Total NRC:                       $0.00
                              NRC & MRC Total Discount:                  $3,490.34

   Actual charges signed for on Agreement may vary slightly depending on application requirements.
   Pricing Quote generated on 10/13/2009 03:55 PM("Effective Date") - Pricing Quote valid until 11/12/2009




    Main Account #: 9206177                      PAETEC Pricing Addendum                           10/13/2009 03:55 PM
    Sales Order #: 116539                                  V20080208                                     Page: 11 of 12
Customer Name: City of Ypsilanti                                     Sales Representative:       Marni Aaronson
Business Name: City of Ypsilanti                                           Contact Number:       (248)-530-2162
Contact Name: Ed Koryzno                                                     E-Mail Address:     Marni.Aaronson@paetec.com
Contact Phone: (734)483-1810                                                          Term:      36 Months


   This Pricing Addendum is part of the Master Services Agreement. You are agreeing to purchase Services at the List
   Price to be discounted using the applicable Term and Volume Discount. Prices are exclusive of applicable federal, state,
   local taxes, surcharges, and fees. Pricing may not be modified or altered by handwritten or non-system generated edits.
   Any modification or alteration of the pricing in such a fashion shall render the Agreement null and void. The offer set
   forth above supercedes any prior offer from PAETEC before the Effective Date listed on this quote.


   By its signature below, Customer acknowledges receipt of this document and the Master Service Agreement and
   agrees to the terms and conditions contained therein. Customer also acknowledges that the information contained in this
   Pricing Addendum constitutes proprietary information that is strictly confidential. Customer agrees not to exchange this
   information with any other carrier or third party.


   Additional Terms and Conditions applicable to Customers with a PAETEC Advantage Agreement that order PAETEC
   Preferred Advantage Services are provided at http://www.mcleodusa.com/SiteInformation/MSATermsConditions.do and
   form a binding part of this Agreement.




   Customer Signature:                                               Date:

   Customer Entered Federal Tax ID Number:




    Main Account #: 9206177                      PAETEC Pricing Addendum                              10/13/2009 03:55 PM
    Sales Order #: 116539                               V20080208                                          Page: 12 of 12
                                                   E911 Liability Waiver

As PAETEC has advised the Customer, in the case of emergency, the location of the calling party is critical to the safety and
security of occupants on your premises. The PS-ALI Services purchased by you will permit the Public Safety Answering Point
("PSAP") to uniquely identify your location for the purpose of dispatching emergency services when someone dials 911 from your
location provided that you maintain at all times current 911 data. The inability of a PSAP to uniquely identify the correct location
may result in emergency services such as, but not limited to, police, fire and ambulance services unable to locate and reach the
specific location in an emergency situation (hereinafter referred to as "911 issues"). Based on a full and complete understanding
of the consequences of this information, you are willing to assume exclusive responsibility for updating your 911 data, and you
expressly acknowledge that your failure to maintain current 911 data will cause 911 issues that can result in unnecessary injury,
death and/or property damage. In addition to the general Limitation of Liability in this Agreement, you expressly waive any and
all liability against PAETEC and its employees, officers, directors, attorneys, representatives, predecessors, successors, assigns,
parent companies, subsidiaries, owners, and affiliates related in any way to 911 issues. You understand and agree that additional
limitations of liability provisions may apply under the relevant PAETEC tariffs. You assume full responsibility for updating 911
data which enables the routing of emergency service calls and hereby agree to indemnify and hold PAETEC, and its personnel,
officers, employees, directors, agents, and affiliates, harmless against all suits, liabilities, damages, penalties and the like, relating
to or arising from, injuries, death, and/or property damage from any improper routing of 911, 9911 or other emergency services
calls that originate from your location(s).


                         City of Ypsilanti                                                        PAETEC

Authorized Rep:      _____________________                            Account Rep:        ____________________

Signature            _______________________                          Signature           ______________________

Title                _____________________                            Title               ______________________

Date                 _____________________                            Date                ______________________




Main Account # 9206177                                   E911 Liability Waiver                               Date: 10/13/2009 03:55 PM
Sales Order # 116539                                         V2008.04.07                                                    Page 1 of 1
                                 E911 Notification and Acknowledgement Form

According to the Federal Communications Commission, providers of Voice over Internet Protocol services ("VoIP") are
required to deliver Enhanced 911 services ("E911") to their customers. This enables emergency services to immediately
identify the physical location and the caller’s telephone number as it occurs with traditional telephone services.

With our commitment to provide a world-class service experience to our customers, as well as our recognition of the

importance of E911 service, PAETEC provides Preferred Advantage Dynamic Integrated Access utilizing next
generation VoIP switching architecture, with E911 capabilities. While many other providers do not offer E911 capabilities
to their customers today, we hope this further validates your decision on choosing PAETEC.

Please be aware, regardless of provider, VoIP technology requires use of electronic equipment. Temporary loss of
E911 Dialing could occur as a result of a power outage, equipment or circuit failure, or use of telephone numbers
that are not local to your calling area.

The Federal Communications Commission requires PAETEC to obtain confirmation that you have read and
understand E911 Dialing with Preferred AdvantageSM Dynamic Integrated Access capabilities, utilizing VoIP
technology.

    Company Name:             City of Ypsilanti
    Company Address:          1 S HURON
    City:                     YPSILANTI
    State:                    MI
    Zip:                      48197
FOR MULTIPLE LOCATIONS SEE ADDITIONAL LOCATION LIST. Quantity of Locs: 2

I acknowledge that I have read and understand the above E911 dialing notice.

         __________________________________                                         ____________
                      (customer signature)                                               (date)
            If you have any questions, please contact one of our StarQuality Customer Care Representatives at
                              1.800.593.1177, available 24 hours a day, seven days a week.
Additional Locations
Address                             Address line 2            City                               State     Zip
14 W FOREST AV                                                YPSILANTI                          MI        48197
882 CLARK RD W                                                SUPRIOR TWP                        MI        48198




                                                                                                  Date: 10/13/2009 03:55 PM
                                              E911 Notification Version 4.7.2008                                Page 1 of 1
                                                                      Letter of Agency



This document authorizes PAETEC ("PAETEC")¹ to request and receive data and billing information (including Customer Proprietary
Network Information), a copy of records for the telephone numbers listed including, but not limited to, associated line features from
Customer's existing provider, to investigate Customer’s credit history to the full extent permitted by applicable law, and to act as
Customer's representative for telecommunications. This document also authorizes PAETEC to use, disclose or permit access to CPNI
to market additional products and services by PAETEC or a third party Customer Premise Equipment vendor. Customer is selecting
PAETEC as the preferred provider for the following service(s) for the telephone number(s) listed.

PAETEC is authorized to notify Customer's current local and/or long distance service providers of its telecommunications choices for
the locations listed below and any indicated on any attached Addendum.

Customer understands 1) this authorization changes the selected service providers 2) each telephone number may have only one
preferred provider for each service and 3) Customer's current local service provider may apply a charge for this change.

I hereby authorize PAETEC to make inquiries concerning Customer's credit worthiness and hereby authorize financial institutions,
vendors and others to disclose credit information to PAETEC.

                                                         159 Telephone Numbers at 7 Location(s)
                                              Customer Signature & Title: __________________________________

                                                     Print Customer Name: __________________________________

                                                                          Date: __________________________________

                                                 PAETEC Representative: __________________________________



¹ PAETEC Communications, Inc; McLeodUSA Telecommunications Services, Inc. d/b/a PAETEC Business Services; McLeodUSA Information Services, Inc; US LEC COMMUNICATIONS
INC. d/b/a PAETEC Business Services; US LEC OF ALABAMA LLC d/b/a PAETEC Business Services; US LEC OF FLORIDA LLC d/b/a PAETEC Business Services; US LEC OF
GEORGIA LLC d/b/a PAETEC Business Services; US LEC OF MARYLAND LLC d/b/a PAETEC Business Services; US LEC OF NORTH CAROLINA INC. d/b/a PAETEC Business
Services; US LEC OF PENNSYLVANIA INC. d/b/a PAETEC Business Services; US LEC OF SOUTH CAROLINA INC. d/b/a PAETEC Business Services; US LEC OF TENNESSEE INC.
d/b/a PAETEC Business Services; US LEC OF VIRGINIA L.L.C. d/b/a PAETEC Business Services and PAETEC Communications of Virginia, Inc.




Main Account #: 9206177                                           PAETEC Letter of Agency                                                 10/13/2009 03:55 PM
Order #: 116539                                                        V200800911                                                                  Page 1 of 8
                                                           Location

Location:                       City of Ypsilanti

Local Exchange Service:         Yes                             IntraLATA Service:           Yes

InterLATA Service:              Yes                             International Servce:        Yes

                                               Physical Location Information

Name:       City of Ypsilanti

Address:    1 S HURON, YPSILANTI, MI 48197

Main ANI:         734-483-1530

                                                      Telephone Numbers

 734-483-7324             734-483-7387              734-483-9650              734-483-9654         734-487-5258

 734-485-1758



                                                         DID Numbers




Main Account #: 9206177                             PAETEC Letter of Agency                            10/13/2009 03:55 PM
Order #: 116539                                          V200800911                                             Page 2 of 8
                                                   Location

Location:                       Fire

Local Exchange Service:         Yes                     IntraLATA Service:      Yes

InterLATA Service:              Yes                     International Servce:   Yes

                                         Physical Location Information

Name:       City of Ypsilanti

Address:    525 W MICHIGAN, YPSILANTI, MI 48197

Main ANI:         734-482-3311

                                              Telephone Numbers

 734-482-3311             734-483-7690



                                                 DID Numbers




Main Account #: 9206177                     PAETEC Letter of Agency                   10/13/2009 03:55 PM
Order #: 116539                                  V200800911                                    Page 3 of 8
                                                            Location

Location:                       Police2

Local Exchange Service:         Yes                              IntraLATA Service:         Yes

InterLATA Service:              Yes                              International Servce:      Yes

                                              Physical Location Information

Name:       City of Ypsilanti

Address:    505 W MICHIGAN, YPSILANTI, MI 48197

Main ANI:         734-483-7690

                                                       Telephone Numbers

 734-483-7694             734-483-7060



                                                          DID Numbers

734 487-8742     734-482-1025         734-482-2061       734-482-5790    734-482-7784    734-482-9618
734-482-9620     734-482-9623         734-482-9624       734-482-9626    734-482-9631    734-482-9632
734-482-9633     734-482-9638         734-482-9643       734-482-9647    734-482-9655    734-482-9656
734-482-9658     734-482-9661         734-482-9667       734-482-9668    734-482-9672    734-482-9674
734-482-9676     734-482-9677         734-482-9679       734-482-9680    734-482-9684    734-482-9697
734-482-9704     734-482-9707         734-482-9709       734-482-9719    734-482-9729    734-482-9733
734-482-9741     734-482-9742         734-482-9750       734-482-9755    734-482-9759    734-482-9762
734-482-9771     734-482-9774         734-482-9778       734-482-9779    734-482-9780    734-482-9786
734-482-9801     734-482-9806         734-482-9815       734-482-9816    734-482-9817    734-482-9818
734-482-9820     734-482-9825         734-482-9832       734-482-9839    734-482-9842    734-482-9844
734-482-9847     734-482-9850         734-482-9865       734-482-9872    734-482-9878    734-482-9882
734-482-9894     734-482-9931         734-483-1100       734-483-1103    734-483-1104    734-483-1105
734-483-1106     734-483-1242         734-483-1530       734-483-1555    734-483-1810    734-483-1811
734-483-2007     734-483-2311         734-483-2312       734-483-2313    734-483-3131    734-483-4949
734-483-5843     734-483-5849         734-483-5849       734-483-6740    734-483-6750    734-483-6753
734-483-6753     734-483-7020         734-483-7087       734-483-7117    734-483-7117    734-483-7207
734-483-7260     734-483-7272         734-483-7272       734-483-7276    734-483-7282    734-483-7290
734-483-7290     734-483-7340         734-483-7360       734-483-7388    734-483-7389    734-483-7396
734-483-7444     734-483-7453         734-483-7477       734-483-7530    734-483-7544    734-483-7580
734-483-7583     734-483-7584         734-483-7587       734-483-7671    734-483-7707    734-483-8590
734-483-8591     734-483-8777         734-483-8932       734-483-9510    734-483-9511    734-483-9513
734-483-9641     734-483-9643         734-483-9644       734-483-9646




Main Account #: 9206177                              PAETEC Letter of Agency                            10/13/2009 03:55 PM
Order #: 116539                                           V200800911                                             Page 4 of 8
                                                          Location

Location:                       City of Ypsilanti DPW

Local Exchange Service:         Yes                           IntraLATA Service:          Yes

InterLATA Service:              Yes                           International Servce:       Yes

                                             Physical Location Information

Name:       City of Ypsilanti

Address:    14 W FOREST AV, YPSILANTI, MI 48197

Main ANI:         734-483-1421

                                                    Telephone Numbers

 new                      new                     new                      new                  734-483-1018

 734-482-7894             734-482-9478            734-483-1421             734-483-1422         734-483-9636

 734-483-9645             734-485-1316



                                                        DID Numbers




Main Account #: 9206177                          PAETEC Letter of Agency                            10/13/2009 03:55 PM
Order #: 116539                                       V200800911                                             Page 5 of 8
                                                       Location

Location:                       City Clerk

Local Exchange Service:         Yes                         IntraLATA Service:      Yes

InterLATA Service:              Yes                         International Servce:   Yes

                                             Physical Location Information

Name:       City of Ypsilanti

Address:    1 S HURON, YPSILANTI, MI 48197

Main ANI:         734-483-1100

                                                  Telephone Numbers

 734-487-8758             734-544-0989



                                                     DID Numbers




Main Account #: 9206177                         PAETEC Letter of Agency                   10/13/2009 03:55 PM
Order #: 116539                                      V200800911                                    Page 6 of 8
                                                          Location

Location:                       City Attorney

Local Exchange Service:         Yes                            IntraLATA Service:      Yes

InterLATA Service:              Yes                            International Servce:   Yes

                                                Physical Location Information

Name:       City of Ypsilanti

Address:    105 PEARL ST, YPSILANTI, MI 48197

Main ANI:         734-483-9642

                                                     Telephone Numbers

 734-483-9642



                                                        DID Numbers




Main Account #: 9206177                            PAETEC Letter of Agency                   10/13/2009 03:55 PM
Order #: 116539                                         V200800911                                    Page 7 of 8
                                                          Location

Location:                       Radio Lines

Local Exchange Service:         Yes                           IntraLATA Service:      No

InterLATA Service:              No                            International Servce:   Yes

                                              Physical Location Information

Name:       City of Ypsilanti

Address:    882 CLARK RD W, SUPRIOR TWP, MI 48198

Main ANI:         734-487-0572

                                                   Telephone Numbers

 new                      new                     new                      new



                                                        DID Numbers




Main Account #: 9206177                          PAETEC Letter of Agency                    10/13/2009 03:55 PM
Order #: 116539                                       V200800911                                     Page 8 of 8
                                                                 PAETEC¹
                                                      Preferred Carrier Selection


                                               PIC Freeze Removal Information
I hereby authorize my current service provider to remove my PIC Freeze on the following services as
indicated for each location below:

                                                         PIC Freeze Section
A preferred carrier freeze will prevent a change in your selected carrier for each of the services listed below. You will
be unable to make a change in carrier selection while the freeze is in effect. The freeze can be lifted by providing
us with written authorization, or by calling us. This procedure is necessary in addition to any other verification
procedures needed for a change in preferred carrier selection. PAETEC does not charge for establishing or lifting a
preferred carrier freeze; but if your local exchange carrier is not PAETEC, that carrier may impose such a charge. I
hereby authorize PAETEC to make the changes as indicated for the telephone numbers listed below.

                                                   151 Telephone #'s at 7 Location(s)




                                                      Customer Signature and Title




                                                         Print Customer Name




                                                                     Date



                             PAETEC
                             Rep:_______________________________________________________




¹ PAETEC Communications, Inc; McLeodUSA Telecommunications Services, Inc. d/b/a PAETEC Business Services; McLeodUSA Information Services, Inc; US
LEC COMMUNICATIONS INC. d/b/a PAETEC Business Services; US LEC OF ALABAMA LLC d/b/a PAETEC Business Services; US LEC OF FLORIDA
LLC d/b/a PAETEC Business Services; US LEC OF GEORGIA LLC d/b/a PAETEC Business Services; US LEC OF MARYLAND LLC d/b/a PAETEC Business
Services; US LEC OF NORTH CAROLINA INC. d/b/a PAETEC Business Services; US LEC OF PENNSYLVANIA INC. d/b/a PAETEC Business Services;
US LEC OF SOUTH CAROLINA INC. d/b/a PAETEC Business Services; US LEC OF TENNESSEE INC. d/b/a PAETEC Business Services; US LEC OF
VIRGINIA L.L.C. d/b/a PAETEC Business Services and PAETEC Communications of Virginia, Inc.




Account#:9206177                                    PAETEC Preferred Carrier Selection                                   10/13/2009 03:55 PM
Order#:116539                                                V2008.09.11                                                         Page: 1 of 6
                                    Location 1 of 7 - PIC Freeze Removal Information
                                                  Physical Location Information

Name                          City of Ypsilanti

Address 1                      1 S HURON

City, State Zip                              ,
                               YPSILANTI MI 48197
PIC Freeze currently in place: Yes                                  Current LEC: att

Local long distance calls                                           Calling outside your local long distance area

    Yes      Local Exchange Service                                     Yes     InterLATA Service

             (Local service only)                                               (Local Access Transport Area)

    Yes      IntraLATA Service                                          Yes     International Service

             (Local Access Transport Area)                                      (Calling outside of the United States)

                                                      PIC Freeze Selection
Local long distance calls                                           Calling outside your local long distance area

    Yes      Local Exchange Service                                     Yes     InterLATA Service

             (Local service only)                                               (Local Access Transport Area)

    Yes      IntraLATA Service                                          Yes     International Service

             (Local Access Transport Area)                                      (Calling outside of the United States)

                                                      Telephone Number(s)
734-483-7324              734-483-7387             734-483-9650         734-483-9654              734-487-5258
734-485-1758

                                                           DID Number(s)

                                    Location 2 of 7 - PIC Freeze Removal Information
                                                  Physical Location Information

Name                          Fire

Address 1                      525 W MICHIGAN

City, State Zip                              ,
                               YPSILANTI MI 48197
PIC Freeze currently in place: Yes                                  Current LEC: att

Local long distance calls                                           Calling outside your local long distance area

    Yes      Local Exchange Service                                     Yes     InterLATA Service

             (Local service only)                                               (Local Access Transport Area)

    Yes      IntraLATA Service                                          Yes     International Service

             (Local Access Transport Area)                                      (Calling outside of the United States)

                                                      PIC Freeze Selection
Local long distance calls                                           Calling outside your local long distance area
Account#:9206177                                   PAETEC Preferred Carrier Selection                                    10/13/2009 03:55 PM
Order#:116539                                               V2008.09.11                                                          Page: 2 of 6
    Yes      Local Exchange Service                                     Yes     InterLATA Service

             (Local service only)                                               (Local Access Transport Area)

    Yes      IntraLATA Service                                          Yes     International Service

             (Local Access Transport Area)                                      (Calling outside of the United States)

                                                     Telephone Number(s)
734-482-3311              734-483-7690

                                                          DID Number(s)

                                    Location 3 of 7 - PIC Freeze Removal Information
                                                 Physical Location Information

Name                          Police2

Address 1                      505 W MICHIGAN

City, State Zip                              ,
                               YPSILANTI MI 48197
PIC Freeze currently in place: Yes                                 Current LEC: att

Local long distance calls                                          Calling outside your local long distance area

    Yes      Local Exchange Service                                     Yes     InterLATA Service

             (Local service only)                                               (Local Access Transport Area)

    Yes      IntraLATA Service                                          Yes     International Service

             (Local Access Transport Area)                                      (Calling outside of the United States)

                                                     PIC Freeze Selection
Local long distance calls                                          Calling outside your local long distance area

    Yes      Local Exchange Service                                     Yes     InterLATA Service

             (Local service only)                                               (Local Access Transport Area)

    Yes      IntraLATA Service                                          Yes     International Service

             (Local Access Transport Area)                                      (Calling outside of the United States)

                                                     Telephone Number(s)
734-483-7694              734-483-7060

                                                          DID Number(s)
734 487-8742 to              734-482-1025 to          734-482-2061 to         734-482-5790 to                 734-482-7784 to
734-482-9618 to              734-482-9620 to          734-482-9623 to         734-482-9624 to                  734-482-9626 to
734-482-9631 to              734-482-9632 to          734-482-9633 to         734-482-9638 to                  734-482-9643 to
734-482-9647 to              734-482-9655 to          734-482-9656 to         734-482-9658 to                  734-482-9661 to
734-482-9667 to              734-482-9668 to          734-482-9672 to         734-482-9674 to                  734-482-9676 to
734-482-9677 to              734-482-9679 to          734-482-9680 to         734-482-9684 to                  734-482-9697 to
734-482-9704 to              734-482-9707 to          734-482-9709 to         734-482-9719 to                  734-482-9729 to
734-482-9733 to              734-482-9741 to          734-482-9742 to         734-482-9750 to                  734-482-9755 to
734-482-9759 to              734-482-9762 to          734-482-9771 to         734-482-9774 to                  734-482-9778 to

Account#:9206177                                  PAETEC Preferred Carrier Selection                                     10/13/2009 03:55 PM
Order#:116539                                              V2008.09.11                                                           Page: 3 of 6
734-482-9779 to              734-482-9780 to          734-482-9786 to         734-482-9801 to                 734-482-9806 to
734-482-9815 to              734-482-9816 to          734-482-9817 to         734-482-9818 to                 734-482-9820 to
734-482-9825 to              734-482-9832 to          734-482-9839 to         734-482-9842 to                 734-482-9844 to
734-482-9847 to              734-482-9850 to          734-482-9865 to         734-482-9872 to                 734-482-9878 to
734-482-9882 to              734-482-9894 to          734-482-9931 to         734-483-1100 to                 734-483-1103 to
734-483-1104 to              734-483-1105 to          734-483-1106 to         734-483-1242 to                 734-483-1530 to
734-483-1555 to              734-483-1810 to          734-483-1811 to         734-483-2007 to                 734-483-2311 to
734-483-2312 to              734-483-2313 to          734-483-3131 to         734-483-4949 to                 734-483-5843 to
734-483-5849 to              734-483-5849 to          734-483-6740 to         734-483-6750 to                 734-483-6753 to
734-483-6753 to              734-483-7020 to          734-483-7087 to         734-483-7117 to                 734-483-7117 to
734-483-7207 to              734-483-7260 to          734-483-7272 to         734-483-7272 to                 734-483-7276 to
734-483-7282 to              734-483-7290 to          734-483-7290 to         734-483-7340 to                 734-483-7360 to
734-483-7388 to              734-483-7389 to          734-483-7396 to         734-483-7444 to                 734-483-7453 to
734-483-7477 to              734-483-7530 to          734-483-7544 to         734-483-7580 to                 734-483-7583 to
734-483-7584 to              734-483-7587 to          734-483-7671 to         734-483-7707 to                 734-483-8590 to
734-483-8591 to              734-483-8777 to          734-483-8932 to         734-483-9510 to                 734-483-9511 to
734-483-9513 to              734-483-9641 to          734-483-9643 to         734-483-9644 to                 734-483-9646 to

                                    Location 4 of 7 - PIC Freeze Removal Information
                                                 Physical Location Information

Name                          City of Ypsilanti DPW

Address 1                      14 W FOREST AV

City, State Zip                              ,
                               YPSILANTI MI 48197
PIC Freeze currently in place: Yes                                 Current LEC: att

Local long distance calls                                          Calling outside your local long distance area

    Yes      Local Exchange Service                                     Yes    InterLATA Service

             (Local service only)                                              (Local Access Transport Area)

    Yes      IntraLATA Service                                          Yes    International Service

             (Local Access Transport Area)                                     (Calling outside of the United States)

                                                      PIC Freeze Selection
Local long distance calls                                          Calling outside your local long distance area

    Yes      Local Exchange Service                                     Yes    InterLATA Service

             (Local service only)                                              (Local Access Transport Area)

    Yes      IntraLATA Service                                          Yes    International Service

             (Local Access Transport Area)                                     (Calling outside of the United States)

                                                      Telephone Number(s)
734-483-1018              734-482-7894            734-482-9478          734-483-1421             734-483-1422
734-483-9636              734-483-9645            734-485-1316

                                                          DID Number(s)

Account#:9206177                                  PAETEC Preferred Carrier Selection                                    10/13/2009 03:55 PM
Order#:116539                                              V2008.09.11                                                          Page: 4 of 6
                                    Location 5 of 7 - PIC Freeze Removal Information
                                                 Physical Location Information

Name                          City Clerk

Address 1                      1 S HURON

City, State Zip                              ,
                               YPSILANTI MI 48197
PIC Freeze currently in place: Yes                                 Current LEC: att

Local long distance calls                                          Calling outside your local long distance area

    Yes      Local Exchange Service                                    Yes     InterLATA Service

             (Local service only)                                              (Local Access Transport Area)

    Yes      IntraLATA Service                                         Yes     International Service

             (Local Access Transport Area)                                     (Calling outside of the United States)

                                                     PIC Freeze Selection
Local long distance calls                                          Calling outside your local long distance area

    Yes      Local Exchange Service                                    Yes     InterLATA Service

             (Local service only)                                              (Local Access Transport Area)

    Yes      IntraLATA Service                                         Yes     International Service

             (Local Access Transport Area)                                     (Calling outside of the United States)

                                                     Telephone Number(s)
734-487-8758              734-544-0989

                                                          DID Number(s)

                                    Location 6 of 7 - PIC Freeze Removal Information
                                                 Physical Location Information

Name                          City Attorney

Address 1                      105 PEARL ST

City, State Zip                              ,
                               YPSILANTI MI 48197
PIC Freeze currently in place: Yes                                 Current LEC: att

Local long distance calls                                          Calling outside your local long distance area

    Yes      Local Exchange Service                                    Yes     InterLATA Service

             (Local service only)                                              (Local Access Transport Area)

    Yes      IntraLATA Service                                         Yes     International Service

             (Local Access Transport Area)                                     (Calling outside of the United States)

                                                     PIC Freeze Selection
Local long distance calls                                          Calling outside your local long distance area


Account#:9206177                                  PAETEC Preferred Carrier Selection                                    10/13/2009 03:55 PM
Order#:116539                                              V2008.09.11                                                          Page: 5 of 6
    Yes      Local Exchange Service                                   Yes     InterLATA Service

             (Local service only)                                             (Local Access Transport Area)

    Yes      IntraLATA Service                                        Yes     International Service

             (Local Access Transport Area)                                    (Calling outside of the United States)

                                                    Telephone Number(s)
734-483-9642

                                                         DID Number(s)

                                    Location 7 of 7 - PIC Freeze Removal Information
                                              Physical Location Information

Name                          Radio Lines

Address 1                      882 CLARK RD W

City, State Zip                              ,
                               SUPRIOR TWP MI 48198
PIC Freeze currently in place: Yes                                Current LEC: att

Local long distance calls                                         Calling outside your local long distance area

    Yes      Local Exchange Service                                   Yes     InterLATA Service

             (Local service only)                                             (Local Access Transport Area)

    Yes      IntraLATA Service                                        Yes     International Service

             (Local Access Transport Area)                                    (Calling outside of the United States)

                                                    PIC Freeze Selection
Local long distance calls                                         Calling outside your local long distance area

    Yes      Local Exchange Service                                   Yes     InterLATA Service

             (Local service only)                                             (Local Access Transport Area)

    Yes      IntraLATA Service                                        Yes     International Service

             (Local Access Transport Area)                                    (Calling outside of the United States)

                                                    Telephone Number(s)


                                                         DID Number(s)




Account#:9206177                                 PAETEC Preferred Carrier Selection                                    10/13/2009 03:55 PM
Order#:116539                                             V2008.09.11                                                          Page: 6 of 6
            Barr,                                                                          105 Pearl Street
                                                                                        Ypsilanti, MI 48197
             Anhut &                                                                        (734) 481-1234
                                                                                        Fax (734) 483-3871
            Associates, P.C.                                                         www.barrlawfirm.com
                                                                           e-mail: jmbarr@barrlawfirm.com
            ATTORNEYS AT LAW

 John M. Barr                                                                    Jesse O’Jack ~ Of Counsel
 Karl A. Barr                                                       William F. Anhut ~ Of Counsel – Retired
  ~~~~~~~                                                                   Jane A. Slider ~ Legal Assistant
                                                                                           e-mail:
                                                                           barranhut@voyager.net

         Memorandum
         To:            Sallea Tisch, Accounting Supervisor, City of Ypsilanti
         From:          John M. Barr, Ypsilanti City Attorney
         Date:          10/16/2009
         Re:            Paetec.


      Pursuant to your request I have reviewed the pricing information and
letter of participation for Paetec. They are approved as to form. Please
review the telephone numbers and make sure that we are not paying for
any unused lines. Also please review the contract for the present carrier to
make sure that contract has expired.




 S:\Clerk's Office\CITY COUNCIL MEETINGS\2009 City Council Meetings\10-20-09\Paetec tel contract memo approve
                                                                                         to form 10-14-09.DOC
                                                                Resolution No. 2009-237
                                                                       October 20, 2009




RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI:

               That a ordinance revising the penalty for inspection of certain buildings
violation to a civil infraction, entitled "AN ORDINANCE TO AMEND CHAPTER 18 OF THE
YPSILANTI CITY CODE, ENTITLED “BUILDINGS AND BUILDING REGULATIONS,” BY
AMENDING ARTICLE VI, “INSPECTION AND CONTROL OF CERTAIN BUILDINGS,”
DIVISION 1, “GENERALLY,” SECTION 18-115 “MISDEMEANOR,” TO RE-TITLE THE
SECTION “MUNICIPAL CIVIL INFRACTION” AND TO MAKE VIOLATIONS MUNICIPAL
CIVIL INFRACTIONS AND TO PROVIDE PENALTIES AND REMEDIES FOR VIOLATIONS"
be approved on Second and Final Reading.




OFFERED BY: ______________________________________________

SUPPORTED BY: ____________________________________________

YES:         NO:       ABSENT:          VOTE:
                                                    The City of Ypsilanti


                                                     Ordinance No. 1107

AN ORDINANCE TO AMEND CHAPTER 18 OF THE YPSILANTI CITY CODE,
ENTITLED “BUILDINGS AND BUILDING REGULATIONS,” BY AMENDING ARTICLE
VI, “INSPECTION AND CONTROL OF CERTAIN BUILDINGS,” DIVISION 1,
“GENERALLY,” SECTION 18-115 “MISDEMEANOR,” TO RE-TITLE THE SECTION
“MUNICIPAL CIVIL INFRACTION” AND TO MAKE VIOLATIONS MUNICIPAL CIVIL
INFRACTIONS AND TO PROVIDE PENALTIES AND REMEDIES FOR VIOLATIONS.

THE CITY OF YPSILANTI HEREBY ORDAINS:

Section 1: Amendments, additions, and deletions to Chapter 18, “Buildings and Building
Regulations,” Article VI, “Inspection and Control of Certain Buildings,” Division 1,
“Generally,” of the Code of Ordinances, City of Ypsilanti, Michigan.

That Chapter 18, “Buildings and Building Regulations,” of the Ypsilanti City Code, Article VI,
“Inspection and Control of Certain Buildings,” Division 1, “Generally,” section 18-115,
“Misdemeanor,” be amended to be titled and to read as follows:

Sec. 18-115. Misdemeanor.

         A person who violates any provision of this article is responsible for a municipal civil
infraction, subject to payment of a civil fine as set forth in section 70-38. Repeat offenses under
this article shall be subject to increased fines as set forth in section 70-38. shall be guilty of a
misdemeanor punishable by a fine of not more than $500.00 or by imprisonment for not more
than 90 days, or both, at the discretion of the court. The imposition of a fine or imprisonment for
any violation shall not excuse the violation nor permit the violation to continue, and all such
persons shall be required to correct or remedy such violations or defects within a reasonable
time, and when not otherwise specified, each day that violations continue shall constitute a
separate offense.

Section 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

2
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                                                                                                                            bldgs.doc
Ordinance.

Section 3. Repeal.

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

Section 4. Savings Clause.

        The balance of the Code of Ordinances, City of Ypsilanti, Michigan, except as herein or
heretofore 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.

Section 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.

Section 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 ________, 2009.
                                   ______________________________
                                   Paul Schreiber, Mayor

                                                                        ______________________________
                                                                        Frances McMullan, City Clerk



                                                               Attest

       I do hereby confirm that the above Ordinance No. ___ was published in the Ypsilanti
Courier on the ___ day of __________, 2009.

                                                                        _______________________________
                                                                        Frances McMullan, City Clerk




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                                                                                                                            bldgs.doc
                                             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 ________, 2009.

                                                                        ________________________________
                                                                        Frances McMullan, City Clerk

Notice Published: September 24, 2009

First Reading: October 6, 2009

Second Reading: October 20, 2009

Published: ________________________________

Effective Date: _____________________________




4
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                                                                                                                            bldgs.doc
                                                              Resolution No. 2009-238
                                                                     October 20, 2009




RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI:


           That a ordinance to amend municipal civil infraction penalties, entitled "AN
ORDINANCE TO AMEND CHAPTER 1 OF THE YPSILANTI CITY CODE, ENTITLED
“GENERAL PROVISIONS,” SECTION 1-15 “PENALTIES AND SANCTIONS,” TO RE-TITLE
THE SECTION “PENALTIES, SANCTIONS, AND REMEDIES,” AND TO SPECIFICALLY
INCLUDE OTHER PENALTIES AND REMEDIES ALLOWED BY LAW FOR MUNICIPAL CIVIL
INFRACTION VIOLATIONS" be approved on Second and Final Reading.




OFFERED BY: __________________________________________________


SUPPORTED BY: __________________________________________________


YES:        NO:          ABSENT:          VOTE:
                                     The City of Ypsilanti

                                       Ordinance No. 1108

AN ORDINANCE TO AMEND CHAPTER 1 OF THE YPSILANTI CITY CODE, ENTITLED
“GENERAL PROVISIONS,” SECTION 1-15 “PENALTIES AND SANCTIONS,” TO RE-
TITLE THE SECTION “PENALTIES, SANCTIONS, AND REMEDIES,” AND TO
SPECIFICALLY INCLUDE OTHER PENALTIES AND REMEDIES ALLOWED BY LAW
FOR MUNICIPAL CIVIL INFRACTION VIOLATIONS.

THE CITY OF YPSILANTI HEREBY ORDAINS:

Section 1: Amendments, additions, and deletions to Chapter 1, “General Provisions,” of the Code
of Ordinances, City of Ypsilanti, Michigan.

That Chapter 1, “General Provisions,” of the Ypsilanti City Code, Section 1-15, “Penalties and
sanctions,” be amended to be titled and to read as follows:

Sec. 1-15. Penalties, and sanctions, and remedies.

        Unless otherwise provided in this Code, the pertinent ordinance, or statutes of the state,
the following definitions and sanctions for violations of this Code or any ordinance, are as
follows:
       (1) Misdemeanor. The term "misdemeanor" means an act or omission that is prohibited
       by this Code or any ordinance of the city, which is a crime under this Code or other
       ordinance, that is punishable by a fine of not more than $500.00 plus costs, penalty or
       forfeiture or by imprisonment for not more than 90 days, or both, in the discretion of any
       court of competent jurisdiction.
               a. Costs of prosecution. Every person convicted of a misdemeanor violation of
               any provision of this Code or any rule regulation or order adopted or issued in
               pursuance thereof shall in addition to the fines and costs otherwise prescribed be
               punishable by cost of prosecution in the discretion of the court. Costs of
               prosecution herein shall include but not necessarily be limited to reasonable
               attorney fees, witness fees and expenses, police officer costs and expenses, city
               employee costs and expenses and other costs incurred by the city in prosecuting
               the violation. Each act of violation and every day upon which any such violation
               shall occur shall constitute a separate offense.
               b. Costs of prosecution sanctions shall be in addition to the abatement of the
               violating condition, any injunctive relief or revocation of any permit or license.
               c. City council shall from time to time by resolution set the amount of the costs of
               prosecution for specific offenses.
               d. Upon the dismissal by recommendation of the prosecuting authority of any
               action brought pursuant to this code, the court may assess costs of prosecution as
               defined in section 1-15 (1)(a) against the defendant as a condition for dismissal of
               the pending action.
(2) Municipal civil infraction. The term "municipal civil infraction" means an act or
omission that is prohibited by this Code or any ordinance of the city, but which is not a
crime under this Code or other ordinance, and for which civil sanctions, including
without limitation, fines, damages, expenses and costs, may be ordered, as authorized by
chapter 87 of Act No. 236 of the Public Acts of Michigan of 1961 (MCL 600.8701 et
seq.). A municipal civil infraction is not a lesser included offense of a violation of this
Code that is a criminal offense.
       a. The sanction for a violation that is a municipal civil infraction shall be a civil
       fine in the amount as provided by this Code or any ordinance, plus any costs,
       damages, expenses and other sanctions, as authorized under chapter 87 of Act No.
       236 of the Public Acts of Michigan of 1961 (MCL 600.8701 et seq.), and other
       applicable laws, including but not limited to: a justice system assessment pursuant
       to MCL 600.8727(4); the costs of the action including all expenses, direct and
       indirect, to which the City has been put pursuant to MCL 600.8727(3); and for
       violations of trailway municipal civil infractions 1 or both of the following: the
       amount of damages to any land, water, wildlife, vegetation, or other natural
       resource or to any facility damaged by the violation and/or the reasonable expense
       of impoundment of a vehicle operated in the commission of a trailway municipal
       civil infraction pursuant to MCL 600.8733(2).
               1. Unless otherwise specifically provided for a particular municipal civil
               infraction violation by this Code or any ordinance, the civil fine for a
               violation shall be not less than $50.00, plus costs and other sanctions, for
               each infraction.
               2. Increased civil fines may be imposed for repeated violations by a person
               of any requirement or provision of this Code or any ordinance. As used in
               this section, "repeat offense" means a second (or any subsequent)
               municipal civil infraction violation of the same requirement or provision
               committed by a person within any two-year period (unless some other
               period is specifically provided by this Code or any ordinance) and for
               which the person admits responsibility or is determined to be responsible.
               Unless otherwise specifically provided by this Code or any ordinance for a
               particular municipal civil infraction violation, the increased fine for a
               repeat offense shall be as follows:
                      I. The fine for any offense which is a first repeat offense shall be
                      no less than $150.00, plus costs.
                      ii. The fine for any offense which is a second repeat offense or any
                      subsequent repeat offense shall be no less than $300.00, plus costs.
                b. A violation includes any act that is prohibited or made or declared to be
       unlawful or any offense by this Code or any ordinance, and any omission or
       failure to act where the act is required by this Code or any ordinance.
       c. Each day on which any violation of this Code or any ordinance continues
       constitutes a separate offense and shall be subject to penalties or sanctions as a
       separate offense.
                       d. For a violation involving the use or occupation of land or a building or
               other structure, the City may obtain and enforce a lien against the land, building,
               or structure when and as specified in MCL 600.8731.


                      e. In addition to the defendant paying a civil fine, costs, a justice system
               assessment, and damages and expenses, the City may obtain any writ or order
               from the Court necessary to enforce the ordinance as authorized pursuant to MCL
               600.8727(5), MCL 600.8727(6), and MCL 600.8302.
               f. d. In addition to any remedies available at law, the city may bring an action for
               an injunction or other process against a person to restrain, prevent or abate any
               violation of this Code or any city ordinance.
       (3) Unspecified. When the performance of any act is prohibited by this Code or any
       ordinance of the city, and no penalty for the violation of the Code or other ordinance is
       imposed, either in a section or portion of the Code, the doing of such act shall be deemed
       a misdemeanor.

Section 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.

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

Section 4. Savings Clause.
        The balance of the Code of Ordinances, City of Ypsilanti, Michigan, except as herein or
heretofore 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.

Section 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.

Section 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 ________, 2009.
                                    ______________________________
                                    Paul Schreiber, Mayor

                                                       ______________________________
                                                       Frances McMullan, City Clerk


                                              Attest
       I do hereby confirm that the above Ordinance No. ___ was published in the Ypsilanti
Courier on the ___ day of __________, 2009.
                                                       _______________________________
                                                       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 ________, 2009.
                                                       ________________________________
                                                       Frances McMullan, City Clerk
Notice Published: September 24, 2009

First Reading: October 6, 2009

Second Reading: October 20, 2009

Published: ________________________________

Effective Date: _____________________________
                                                            Resolution No. 2009-239
                                                                   October 20, 2009




RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI:

              That a ordinance to adopt the International Property Maintenance Code,
entitled "AN ORDINANCE TO AMEND CHAPTER 18 OF THE YPSILANTI CITY CODE,
ENTITLED “BUILDINGS AND BUILDING REGULATIONS,” BY AMENDING ARTICLE V,
“PROPERTY MAINTENANCE CODE,” SECTION 18-91 “ADOPTION,” TO REPLACE THE
BOCA NATIONAL PROPERTY MAINTENANCE CODE WITH THE 2006 EDITION OF THE
INTERNATIONAL PROPERTY MAINTENANCE CODE; BY AMENDING SECTION 18-92
“ADDITIONS, INSERTIONS AND CHANGES,” BY DELETING THE PREVIOUS ADDITIONS,
INSERTIONS AND CHANGES AND MAKING ADDITIONS, INSERTIONS AND CHANGES
TO THE 2006 EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE,
INCLUDING MAKING VIOLATIONS MUNICIPAL CIVIL INFRACTIONS; AND BY
AMENDING SECTION 18-93 “APPEALS BOARD,” TO REPLACE THE REFERENCE TO THE
BOCA NATIONAL PROPERTY MAINTENANCE CODE WITH THE INTERNATIONAL
PROPERTY MAINTENANCE CODE AND TO PROVIDE PROCEDURES; AND TO PROVIDE
PENALTIES AND REMEDIES FOR VIOLATIONS" be approved on Second and Final
Reading.




OFFERED BY: __________________________________________________

SUPPORTED BY: __________________________________________________

YES:        NO:          ABSENT:         VOTE:
                                      The City of Ypsilanti

                                       Ordinance No. 1109

AN ORDINANCE TO AMEND CHAPTER 18 OF THE YPSILANTI CITY CODE,
ENTITLED “BUILDINGS AND BUILDING REGULATIONS,” BY AMENDING ARTICLE
V, “PROPERTY MAINTENANCE CODE,” SECTION 18-91 “ADOPTION,” TO REPLACE
THE BOCA NATIONAL PROPERTY MAINTENANCE CODE WITH THE 2006 EDITION
OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE; BY AMENDING
SECTION 18-92 “ADDITIONS, INSERTIONS AND CHANGES,” BY DELETING THE
PREVIOUS ADDITIONS, INSERTIONS AND CHANGES AND MAKING ADDITIONS,
INSERTIONS AND CHANGES TO THE 2006 EDITION OF THE INTERNATIONAL
PROPERTY MAINTENANCE CODE, INCLUDING MAKING VIOLATIONS MUNICIPAL
CIVIL INFRACTIONS; AND BY AMENDING SECTION 18-93 “APPEALS BOARD,”TO
REPLACE THE REFERENCE TO THE BOCA NATIONAL PROPERTY MAINTENANCE
CODE WITH THE INTERNATIONAL PROPERTY MAINTENANCE CODE AND TO
PROVIDE PROCEDURES; AND TO PROVIDE PENALTIES AND REMEDIES FOR
VIOLATIONS.


THE CITY OF YPSILANTI HEREBY ORDAINS:

Section 1: Amendments, additions, and deletions to Chapter 18, “Buildings and Building
Regulations,” Article V, “Property Maintenance Code,” of the Code of Ordinances, City of
Ypsilanti, Michigan.

That Chapter 18, “Buildings and Building Regulations,” of the Ypsilanti City Code, Article V,
“Property Maintenance Code,” Section 18-91, “Adoption,” be amended to read as follows:

Sec. 18-91. Adoption.
That a certain document, of which there is one copy on file in the office of the department of
building inspection of the city, being marked and designated as "The BOCA National Property
Maintenance Code, Fifth Edition, 1996" as published by the Building Officials and Code
Administrators International, Inc., be and is hereby adopted as the property maintenance code of
the city for the control of buildings and structures as herein provided; and each and all of the
regulations, provisions, penalties, conditions and terms of the BOCA National Property
Maintenance Code are hereby referred to, adopted, and made a part hereof, as if fully set out in
this section, with the additions, insertions, deletions and changes, if any, prescribed in section
18-92.

That a certain document, three (3) copies of which are on file in the office of the City Clerk of
the City of Ypsilanti, being marked and designated as the „International Property Maintenance
Code, 2006 edition,” as published by the International Code Council, be and hereby is adopted as
the Property Maintenance Code of the City of Ypsilanti, in the State of Michigan for the purpose
of regulating and governing the conditions and maintenance of all property, buildings and
structures; by providing the standards for supplied utilities and facilities and other physical
things and conditions essential to ensure that structures are safe, sanitary and fit for occupation
and use; and the condemnation of buildings and structures unfit for human occupancy and use,
2
and the demolition of such existing structures as herein provided; providing for the issuance of
permits and collection of fees therefor; and each and all of the regulations, provisions, penalties,
conditions and terms of said Property Maintenance Code on file in the office of the City Clerk
for the City of Ypsilanti are hereby referred to, adopted, and made a part hereof, as if fully set
out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in
Section 18-92.


That Chapter 18, “Buildings and Building Regulations,” of the Ypsilanti City Code, Article V,
“Property Maintenance Code,” Section 18-92, “Additions, insertions and changes,” be amended
to read as follows:

Sec. 18-92. Additions, insertions and changes.

The BOCA National Property Maintenance Code adopted in section 18-91 is amended and
revised in the following respects:

Section PM-101.1 (page 1, second line). Insert: City of Ypsilanti
Section PM-106.2 (page 2). Delete section and insert:
Misdemeanor. A person who violates any provision of this article shall be guilty of a
misdemeanor punishable by a fine of not more than $500.00 or by imprisonment for not more
than 90 days, or both, at the discretion of the court. The imposition of a fine or imprisonment for
any violation shall not excuse the violation nor permit the violation to continue, and all such
persons shall be required to correct or remedy such violations or defects within a reasonable
time, and when not otherwise specified, each day that violations continue shall constitute a
separate offense.
Section PM-202.0 (page 8). Amend definition of workmanlike so that the definition reads as
follows:
       Workmanlike: Executed in a skilled manner; e.g., generally plumb, level, square, in line,
       undamaged, and without marring adjacent work. All materials and installation shall be
       per manufacturer's instructions and in accordance with trade and industry standards.
Section PM-304.15 (page 11, first line). Insert: April 1, December 1. Add to section: Temporary
expandable screens are not permitted.
Section PM-602.2.1 (page 17, fifth line). Insert: September 15, May 15. The residential building
heat supply requirement is hereby changed to: 70 degrees Fahrenheit (21 degrees Celsius).
Section PM-602.2.3 (page 17, third line). Insert: September 15, May 15.
Section PM-701.1 (page 19). Delete section and insert:
The provisions of this chapter and the fire code adopted by the City of Ypsilanti shall govern the
minimum conditions and standards for fire safety relating to structures and exterior premises,
including fire safety facilities and equipment to be provided.


3
The International Property Maintenance Code adopted in section 18-91 is amended and revised
in the following respects:

Section 101.1(page 1). Delete section and insert:

       101.1 Title. These regulations shall be known as the Property Maintenance Code of the
       City of Ypsilanti, hereinafter referred to as “this code.”

Section 102.3 (page 1). Delete section and insert:

       102.3 Application of other codes. Notwithstanding any reference in this code to other
       codes, no other codes are adopted by reference by the adoption of this code. Codes
       referenced by this code which have been adopted by the City of Ypsilanti elsewhere, as to
       repairs, additions or alterations to a structure, or changes of occupancy, shall be done in
       accordance with the procedures and provisions of those referenced and adopted codes
       where the provisions and procedures of those codes are not in conflict with the provisions
       and procedures of this code. Additionally, nothing in this code shall be construed to
       cancel, modify, or set aside any provision of the City of Ypsilanti‟s Zoning Ordinance.


Section 103.5 (page 2). Delete section and insert:
       103.5 Fees. The fees for activities and services performed by the department in carrying
       out its responsibilities under this code shall be as adopted by resolution of the Ypsilanti
       City Council.

Section 104.2 (page 2). Delete section and insert:
       104.2. Rule-making authority. The code official shall have authority as necessary in the
       interest of public health, safety and general welfare, to adopt and promulgate rules and
       procedures; to interpret and implement the provisions of this code; to secure the intent
       thereof; and to designate requirements applicable because of local climatic or other
       conditions. Such rules shall not have the effect of waiving structural or fire performance
       requirements specifically provided for in this code, or of violating accepted engineering
       methods involving public safety. All rules shall take effect when approved by resolution
       of City Council. The rules shall be published on the City‟s website.

Section 105.1 (page 2). Delete section and insert:
       105.1 Modifications. Whenever there are practical difficulties involved in carrying out
       the provisions of this code, the Construction Board of Appeals appointed and acting
       pursuant to the provisions contained in section 18-31 of the Ypsilanti City Code, and in
       accordance with the state construction code act, MCL 125.1501 et seq., shall have the
       authority to grant variances for individual cases, provided the Construction Board of
       Appeals shall first find that special individual reason makes the strict letter of this code
       impractical and the modification is in compliance with the intent and purpose of this code
       and that such modification does not lessen health, life and fire safety requirements. The
       code official may make written interpretations of this code. The details of actions
       granting modifications and making interpretations shall be recorded and entered in the
       department files.

Section 106.3 (page 3). Delete section and insert:
4
       106.3 Prosecution of violation. A person who violates any provision of this article or
       who fails to comply with a notice of violation or order served in accordance with Section
       107 is responsible for a municipal civil infraction, subject to payment of a civil fine as set
       forth in section 70-38. Repeat offenses under this article shall be subject to increased
       fines as set forth in section 70-38. The imposition of a fine for any violation shall not
       excuse the violation nor permit the violation to continue, and all such persons shall be
       required to correct or remedy such violations or defects within a reasonable time, and
       when not otherwise specified, each day that violations continue shall constitute a separate
       offense. Violations shall be considered a strict liability offense. If a notice of violation is
       not complied with, the code official shall institute the appropriate proceeding at law or in
       equity to restrain, correct, or abate such violation, or to require the removal or
       termination of the unlawful occupancy of the structure in violation of the provisions of
       this code or of the order or direction made pursuant thereto. The costs of any action
       taken shall be charged against the real estate upon which the structure is located and shall
       be a lien upon such real estate.


Section 110.1 (page 4). This section is deleted.

Section 110.2 (page 4). This section is deleted.

Section 110.3 (page 4). This section is deleted.

Section 110.4 (page 4). This section is deleted.

Section 111.1 (page 5). This section is deleted.

Section 111.2 (page 5). This section is deleted.

Section 111.2.1 (page 5). This section is deleted.

Section 111.2.2 (page 5). This section is deleted.

Section 111.2.3 (page 5). This section is deleted.
Section 111.2.4 (page 5). This section is deleted.

Section 111.2.5 (page 5). This section is deleted.

Section 111.3 (page 5). This section is deleted.

Section 111.4 (page 5). This section is deleted.

Section 111.4.1 (page 5). This section is deleted.

Section 111.5 (page 5). This section is deleted.

Section 111.6 (page 5). This section is deleted.

Section 111.6.1 (page 5). This section is deleted.
5
Section 111.6.2 (page 5). This section is deleted.

Section 201.3 (page 7) Delete section and insert:
       201.3 Terms defined in other codes. Where terms are not defined in this code and are
       defined in other codes referenced by this code, such terms shall have the meanings
       ascribed to them as stated in those codes.

Section 202 (page 8). Delete definition of workmanlike and insert:
       Workmanlike: Executed in a skilled manner; e.g., generally plumb, level, square, in line,
       undamaged, and without marring adjacent work. All materials and installation shall be
       per manufacturer's instructions and in accordance with trade and industry standards.

Section 302.4 (page 9). Delete this section and insert:
       302.4 Weeds. All premises and exterior property shall be maintained free from weeds or
       plant growth in excess of ten inches. All noxious weeds shall be prohibited. Weeds shall
       be defined as all grasses, annual plants and vegetation, other than trees or shrubs
       provided; however, this term shall not include cultivated flowers and gardens. This
       section shall be enforced according to the procedures in Article III, Weed Control,
       Sections 110-80 through 110-86 of the Ypsilanti City Code.

Section 304.14 (page 10). Delete section and insert:
       304.14 Insect screens. During the period from April 1 to November 1, every door,
       window and other outside opening required for ventilation of habitable rooms, food
       preparation areas, food service areas or any areas where products to be included or
       utilized in food for human consumption are processed, manufactured, packaged or stored
       shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch
       (16 mesh per 25 mm), and every screen door used for insect control shall have a self-
       closing device in good working condition. Temporary expandable screens are not
       permitted.
                       Exception: Screens shall not be required where other approved means,
               such as air curtains or insect repellent fans, are employed, or for owner occupied
               dwellings.

Section 304.17 (page 10). Delete section and insert:
       304.17 Guards for basement windows. In dwellings where rodent problems have been
       identified, every basement window that is openable shall be supplied with rodent shields,
       storm windows or other approved protection against the entry of rodents.

Section 304.18.4 (page 11). The following section is added:
       Section 304.18.4 Every dwelling or rooming unit entrance door which does not contain a
       window or side light shall be equipped with a wide angle peephole viewer installed
       between 43 and 60 inches from the floor.

Section 304.18.5 (page 11). The following section is added:
       Section 304.18.5 Operable windows and sliding doors located in whole or in part within 6
       feet (1828 mm) above ground level or a walking surface below that provide access to a
       dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be
6
       equipped with a secondary locking device. (a) Double-hung windows shall be equipped
       with pin locks or other secondary locks approved by the department. The pins for such
       locks shall be secured to the window frame. The pins shall be able to be inserted into
       holes that allow the window to be secured in the closed position and in a position to allow
       for ventilation yet prohibit entry. The holes shall be drilled at a slight downward angle
       through the inner frame and halfway into the outer frame. The pins shall not require the
       use of any key or tool for removal. (b) Sliding windows and doors shall be equipped with
       a rod at least ¾ inch in diameter and of such length as to prevent the door or window
       from being opened when laid in the bottom track.

Section 304.18.6 (page 11). The following section is added:
       Section 304.18.6 Common Access: In multiple dwellings which are offered for rent or
       lease and where access to individual dwellings or rooming units are obtained by means of
       common hallways and exterior doors, such exterior doors and any windows shall be
       equipped as follows:
               1.     All doors shall be self closing and self latching and shall not be equipped
                      with any type of hold open device.
               2.     All doors shall be equipped with a lock requiring a key or code for entry
                      from the exterior. The lock shall operate without any key, code, tool or
                      other special knowledge or effort from the interior and be of a type that
                      remains locked from the exterior at all times. Electric releases are
                      permitted, and if so equipped, the releases shall be operable at all times.
                      Strike plates shall have protective guards on the exterior side to prevent
                      the lock from being pried open.
               3.     If a common hallway has operable windows located in whole or in part
                      within 6 feet (1828 mm) above ground level or a walking surface. The
                      windows shall be equipped with locks as per section 309.1.1 and 309.1.2.
                      The windows shall be equipped with insect screens per section 304.14. 4.
                      Common tenant areas such as laundry rooms, storage areas, etc., which are
                      accessed from a common hallway shall have entry doors meeting the
                      requirements of this section.

Section 602.3 (page 17, fifth line). Insert: September 15, May 15.

Section 602.4 (page 17). Delete section and insert:
       602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with
       heat at all times necessary to maintain a temperature of not less than 65 degrees F (18
       degrees C) during the period the spaces are occupied.
               Exceptions:
               1.      Processing, storage and operation areas that require cooling or special
                       temperature conditions.
               2.      Areas in which persons are primarily engaged in vigorous physical
                       activities.

Section 603.7 (page 17). The following section is added:
       603.7 HVAC Certification Requirement. All gas fired heating equipment shall be
       serviced and inspected by a licensed mechanical contractor. The mechanical contractor
       shall provide certification of inspection minimally every 4 years. The certification shall

7
       be on a form approved by the Building Official. Inspectors may require cleaning and
       service more frequently based on observations made during the inspections.

Section 701.1 (page19). Delete section and insert:
       701.1 Scope. The provisions of this chapter and the fire code adopted by the City of
       Ypsilanti shall govern the minimum conditions and standards for fire safety relating to
       structures and exterior premises, including fire safety facilities and equipment to be
       provided.

Section 702.1 (page 19). Delete section and insert:
       702.1 General. A safe, continuous, and unobstructed path of travel shall be provided
       from any point in a building or structure to the public way. Means of egress shall comply
       with the Fire Code adopted by the City of Ypsilanti.

Section 702.2 (page 19). Delete section and insert:
       702.2 Aisles. The required width of aisles in accordance with the Fire Code adopted by
       the City of Ypsilanti shall be unobstructed.

Section 702.3 (page 19). Delete section and insert:
       702.3 Locked doors. All means of egress doors shall be readily openable from the side
       from which egress is to be made without the need for keys, special knowledge or effort,
       except where the door hardware conforms to that permitted by the Building Code
       enforced by the City of Ypsilanti.

Section 704.1 (page 19). Delete this section and insert:
       704.1 General. All systems, devices, and equipment to detect a fire, actuate an alarm, or
       suppress or control a fire or any combination thereof shall be maintained in an operable
       condition at all times in accordance with the Fire Code adopted by the City of Ypsilanti.

Section 704.2 (page 19). Delete section and insert:
       704.2 Smoke alarms. Single or multiple-station smoke alarms shall be installed and
       maintained in Groups R-2, R-3, R-4, and in dwellings not regulated in Group R
       occupancies, regardless of occupant load at all of the following locations:
               1.     On the ceiling or wall outside of each separate sleeping area in the
                      immediate vicinity of bedrooms.
               2.     In each room used for sleeping purposes.
               3.     In each story within a dwelling unit, including basements and cellars but
                      not including crawl spaces and uninhabitable attics. In dwellings or
                      dwelling units with split levels and without an intervening door between
                      the adjacent levels, a smoke alarm installed on the upper level shall suffice
                      for the adjacent lower level provided that the lower level is less than one
                      full story below the upper level.
       Single or multiple-station smoke alarms shall be installed in other groups in accordance
       with the Fire Code adopted by the City of Ypsilanti.

Section 705 (page 20). The following section is added:
       705 FIRE EXTINGUISHERS

       705.1 Where required. Portable fire extinguishers shall be installed as follows:
8
                       1.      All multiple dwelling units, which are offered for rent or lease,
                       shall be equipped with a fire extinguisher with a minimum rating of 5ABC
                       and meeting the requirements of the Fire Prevention Code of the City of
                       Ypsilanti.
               2.      All common tenant areas in the structure in which said units are located
                       containing laundry equipment for tenant use shall be equipped with a fire
                       extinguisher with a minimum rating of 10ABC and meeting the
                       requirements of the Fire Prevention Code of the City of Ypsilanti.
               3.      All one- or two-unit rental dwellings offered for rent or lease shall be
                       equipped with a fire extinguisher with a minimum rating of 10ABC and
                       meeting the requirements of the Fire Prevention Code of the City of
                       Ypsilanti.

       705.2 Location. All extinguishers shall be permanently mounted in conspicuous locations
       where they will be readily accessible and immediately available for use.



That Chapter 18, “Buildings and Building Regulations,” of the Ypsilanti City Code, Article V,
“Property Maintenance Code,” Section 18-93, “Appeals board,” be amended to read as follows:

Sec. 18-93. Appeals board.
Any person directly affected by a decision of the code official or any notice or order given by the
building inspection department pursuant to the International Property Maintenance Code BOCA
Basic National Property Maintenance Code may request an appeal to the construction board of
appeals pursuant to the provisions contained in the International Property Maintenance Code
Section 111, “Means of appeal,” as amended, and section 18-31 of the Ypsilanti City Code,
provided that a written application for an appeal is filed within 20 days after the decision, notice,
or order was served. An application for appeal shall be based on a claim that the true intent of
the International Property Maintenance Code as amended or the rules legally adopted thereunder
have been incorrectly interpreted, the provisions of this code do not fully apply, or the
requirements of the International Property Maintenance Code as amended are adequately
satisfied by other means.


Section 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.

9
Section 3. Repeal.

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

Section 4. Savings Clause.

        The balance of the Code of Ordinances, City of Ypsilanti, Michigan, except as herein or
heretofore 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.

Section 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.

Section 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 ________, 2009.

                                                        ______________________________
                                                        Paul Schreiber, Mayor

                                                        ______________________________
                                                        Frances McMullan, City Clerk


                                               Attest

       I do hereby confirm that the above Ordinance No. ___ was published in the Ypsilanti
Courier on the ___ day of __________, 2009.

                                                        _______________________________
                                                        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 ________, 2009.

10
                                                ________________________________
                                                Frances McMullan, City Clerk

Notice Published: September 24, 2009

First Reading: October 6, 2009

Second Reading: October 20, 2009

Published: ________________________________

Effective Date: _____________________________




11
                                                       Resolution No. 2009-240
                                                           October 1206, 2009




RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI:

             That an ordinance to amend Chapter 18, entitled "AN ORDINANCE TO
AMEND CHAPTER 18 OF THE YPSILANTI CITY CODE, ENTITLED “BUILDINGS AND
BUILDING REGULATIONS,” BY AMENDING ARTICLE III “STATE CONSTRUCTION
CODE,” SECTION 18-52 “MISDEMEANOR,” TO RE-TITLE THE SECTION “MUNICIPAL
CIVIL INFRACTION” AND TO MAKE VIOLATIONS MUNICIPAL CIVIL INFRACTIONS AND
TO PROVIDE PENALTIES AND REMEDIES FOR VIOLATIONS" be approved on Second
and Final Reading.




OFFERED BY: __________________________________________________

SUPPORTED BY: __________________________________________________

YES:       NO:        ABSENT:         VOTE:
                                      The City of Ypsilanti

                                       Ordinance No. 1110

AN ORDINANCE TO AMEND CHAPTER 18 OF THE YPSILANTI CITY CODE,
ENTITLED “BUILDINGS AND BUILDING REGULATIONS,” BY AMENDING ARTICLE
III “STATE CONSTRUCTION CODE,” SECTION 18-52 “MISDEMEANOR,” TO RE-TITLE
THE SECTION “MUNICIPAL CIVIL INFRACTION” AND TO MAKE VIOLATIONS
MUNICIPAL CIVIL INFRACTIONS AND TO PROVIDE PENALTIES AND REMEDIES
FOR VIOLATIONS.


THE CITY OF YPSILANTI HEREBY ORDAINS:

Section 1: Amendments, additions, and deletions to Chapter 18, “Buildings and Building
Regulations,” Article III, “State Construction Code,” of the Code of Ordinances, City of
Ypsilanti, Michigan.

That Chapter 18, “Buildings and Building Regulations,” of the Ypsilanti City Code, Article III,
“State Construction Code,” section 18-52, “Misdemeanor,” be amended to be titled and to read
as follows:

Sec. 18-52. Municipal Civil Infraction Misdemeanor.

         A person who violates any provision of this article is responsible for a municipal civil
infraction, subject to payment of a civil fine as set forth in section 70-38. Repeat offenses under
this article shall be subject to increased fines as set forth in section 70-38. shall be guilty of a
misdemeanor punishable by a fine of not more than $500.00 or by imprisonment for not more
than 90 days, or both, at the discretion of the court. The imposition of a fine or imprisonment for
any violation shall not excuse the violation nor permit the violation to continue, and all such
persons shall be required to correct or remedy such violations or defects within a reasonable
time, and when not otherwise specified, each day that violations continue shall constitute a
separate offense.

Section 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.

Section 3. Repeal.
2
       All other Ordinances inconsistent with the provisions of this Ordinance are, to the extent
of such inconsistencies, hereby repealed.
Section 4. Savings Clause.

        The balance of the Code of Ordinances, City of Ypsilanti, Michigan, except as herein or
heretofore 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.

Section 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.

Section 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 ________, 2009.

                                                       ______________________________
                                                       Paul Schreiber, Mayor

                                                       ______________________________
                                                       Frances McMullan, City Clerk

                                              Attest

      I do hereby confirm that the above Ordinance No. ___ was published in the
_____________________ on the ___ day of __________, 2009.

                                                       _______________________________
                                                       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 ________, 2009.

                                                       ________________________________
                                                       Frances McMullan, City Clerk


3
Notice Published: September 24, 2009

First Reading: October 6, 2009_

Second Reading: October 20, 2009_________

Published: ________________________________

Effective Date: _____________________________




4
                                                           Resolution No. 2009-241
                                                            October 20, 2009




RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI:

           That a ordinance to repeal the Electrical code section, entitled “AN
ORDINANCE TO AMEND CHAPTER 18 OF THE YPSILANTI CITY CODE, ENTITLED
“BUILDINGS AND BUILDING REGULATIONS,” ARTICLE IV, “ELECTRICAL CODE,” BY
REPEALING THE ADOPTION OF THE 1996 EDITION OF THE NATIONAL ELECTRICAL
CODE, THE PENALTIES ADOPTED FOR VIOLATING THAT CODE, AND PROCEDURES
REGARDING PERMITS” be approved on Second and Final Reading.




OFFERED BY: __________________________________________________

SUPPORTED BY: __________________________________________________

YES:        NO:         ABSENT:         VOTE:
                                               The City of Ypsilanti

                                                Ordinance No. 1111

AN ORDINANCE TO AMEND CHAPTER 18 OF THE YPSILANTI CITY CODE,
ENTITLED “BUILDINGS AND BUILDING REGULATIONS,” ARTICLE IV,
“ELECTRICAL CODE,” BY REPEALING THE ADOPTION OF THE 1996 EDITION OF
THE NATIONAL ELECTRICAL CODE, THE PENALTIES ADOPTED FOR VIOLATING
THAT CODE, AND PROCEDURES REGARDING PERMITS.

Whereas, the State Construction Code preempts the City of Ypsilanti’s adoption of a separate
electrical code; and

Whereas, the City of Ypsilanti has assumed responsibility for enforcing the State Construction
Code within its jurisdiction, and, therefore, has the authority to enforce the electrical code
referenced by the State Construction Code.


THE CITY OF YPSILANTI HEREBY ORDAINS:

Section 1: Amendments, additions, and deletions to Chapter 18, “Buildings and Building
Regulations,” Article IV, “Electrical Code,” of the Code of Ordinances, City of Ypsilanti,
Michigan.


That Chapter 18, “Buildings and Building Regulations,” of the Ypsilanti City Code, Article IV,
“Electrical Code,” section 18-71, “Adoption,” be amended to read as follows:

Sec. 18-71. Adoption.

       Whereas the City of Ypsilanti has assumed the responsibility for enforcing the State
Construction Code and thereby the electrical code it references, the City of Ypsilanti’s adoption
of the The 1996 edition of the National Electrical Code (NFPA-70), as promulgated by the
National Fire Protection Association, with Technical Amendments approved and recommended
the Reciprocal Electrical Council Inc., and approved by the Bureau of Construction Codes, is
hereby repealed. are hereby adopted as part of this section, as though fully set forth herein, and
shall govern and be observed and followed in all installations of electrical wiring, equipment,
apparatus, and fixtures of any voltage. Notice is hereby given that complete copies of the code
and technical amendments are available for public use and inspection at the office of the city
clerk.


That Chapter 18, “Buildings and Building Regulations,” of the Ypsilanti City Code, Article IV,
“Electrical Code,” section 18-72, “Misdemeanor,” be amended by deleting the section entirely to
read as follows:

Sec. 18-72. Misdemeanor.
2
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                                                                                                 Code repeal Ordinance.doc
        A person who violates any provision of this article shall be guilty of a misdemeanor
punishable by a fine of not more than $500.00 or by imprisonment for not more than 90 days, or
both, at the discretion of the court. The imposition of a fine or imprisonment for any violation
shall not excuse the violation nor permit the violation to continue, and all such persons shall be
required to correct or remedy such violations or defects within a reasonable time, and when not
otherwise specified, each day that violations continue shall constitute a separate offense.

That Chapter 18, “Buildings and Building Regulations,” of the Ypsilanti City Code, Article IV,
“Electrical Code,” section 18-73, “Electrical Permits,” be amended by deleting the section
entirely to read as follows:

Sec. 18-73. Electrical permits.

        A detailed set of plans and specifications shall be submitted with the application for an
electrical permit for any wiring or alteration to the electrical system in all buildings using more
than six circuits, except single- and two-family dwellings. The electrical drawings shall include
such details as lighting layout, circuiting, switching conductor and raceway sizes, wattage
schedule, service location and riser diagram, calculations, and a proposed method of construction
drawn with symbols of a standard form. All conductors are assumed to be copper, unless
otherwise stated on the plan. Specifications, when provided, shall also include the foregoing
information. The selection of suitable disconnect and overcurrent devices to provide proper
coordination and interrupting capacity for a wiring system is the responsibility of the designer.
The administrative authority, the city building inspection department, when approving electrical
plans, assumes no responsibility for the design or for any deviations from any electrical
drawings. Plans and specifications approved by the city building inspection department or a
certified copy thereof, when required, shall be available for use of the inspectors on the job.

Section 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.

Section 3. Repeal.

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


3
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Section 4. Savings Clause.

        The balance of the Code of Ordinances, City of Ypsilanti, Michigan, except as herein or
heretofore 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.

Section 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.

Section 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 ________, 2009.

                                                                  ______________________________
                                                                  Paul Schreiber, Mayor

                                                                  ______________________________
                                                                  Frances McMullan, City Clerk



                                                         Attest

       I do hereby confirm that the above Ordinance No. ___ was published in the Ypsilanti
Courier on the ___ day of __________, 2009.

                                                                  _______________________________
                                                                  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 ________, 2009.

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                                                                                                 Code repeal Ordinance.doc
                                                                  ________________________________
                                                                  Frances McMullan, City Clerk


Notice Published: September 24, 2009

First Reading: October 6, 2009

Second Reading: October 20, 2009

Published: ________________________________

Effective Date: _____________________________




5
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                                                                                                 Code repeal Ordinance.doc
                                                              Resolution 2009 – 242A
                                                                 October 20, 2009




WHEREAS, the City Council has adopted as its First Goal, a commitment to open,
transparent and accessible decision making; and

WHEREAS, the State of Michigan's Open Meeting Act provides that it is essential to the
maintenance of a democratic society that public business be performed in an open and
public manner and that the citizens be fully aware of and able to observe the
performance of public officials and attend and listen to the deliberations and decisions
that go into the making of public policy;

NOW THEREFORE BE IT RESOLVED that all City Council established subcommittees
(with the exception of the Council Appointee Evaluation Committee) or advisory
committees be subject to all the requirements of the Open Meetings Act;

AND BE IT FURTHER RESOLVED that all subcommittees and advisory committees
established by any board or commission whose members are appointed by City Council
resolution be subject to all the requirements of the Open Meetings Act.




OFFERED BY:         _________________________________________________

SUPPORTED BY:       _     ____________________________________________


YES:                NO:                 ABSENT:                    VOTE:
                                             REQUEST FOR LEGISLATION
                                                September 8, 2009



FROM:        Frances McMullan
             City Clerk

SUBJECT:     Approval of Downtown Development Authority Bylaws

DATE:        September 8, 2009

In accordance with the Downtown Development Authority Act (P.A. 197 of 1975), as amended, on
August 20, 2009 the newly combined City of Ypsilanti Downtown Development Authority (DDA)
adopted the attached operational bylaws. However, as per the same act, the bylaws cannot be
considered in effect until final approval is granted by the City Council. Hence, the DDA will be
operating under temporary bylaws until such time as the Council deems them acceptable.

DDA staff recommends approval of the bylaws as we were an integral part in ensuring their
compliance with the adopted state laws, existing DDA plans, and standard operating procedures.

RECOMMENDED ACTION:               Approval

ATTACHMENTS:                      Proposed Resolution
                                  Draft Bylaws


CITY MANAGER APPROVAL:            ____________                _________

CITY MANAGER COMMENTS: _________________________________________

COUNCIL AGENDA DATE:       ___October 20, 2009_________________________

FISCAL SERVICES DIRECTOR APPROVAL:
                                                                                Resolution No. 2009-242
                                                                                       October 20, 2009


RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI:

WHEREAS, the City of Ypsilanti (the “City”) is authorized by the provisions of Act 197, Public Acts of
Michigan, 1975, as amended (“Act 197”), to create a downtown development authority; and

WHEREAS, it is necessary for the best interests of the public, to halt property value deterioration and
increase property tax valuation where possible in the business district(s) of the City, to eliminate the
causes of such deterioration, and to promote economic growth; and

WHEREAS, a proposed ordinance designating the downtown district(s) and incorporating a downtown
development authority pursuant to Act 197 has been adopted by the City Council; and

WHEREAS, the Board of Directors of the Downtown Development Authority of the City of Ypsilanti
(the “DDA”) deems it appropriate to approve the Bylaws of the DDA.

NOW BE IT HEREBY RESOLVED that:

   1. The Bylaws of the DDA, a form of which is attached hereto, are hereby approved.

   2. The Chairperson of the DDA was hereby authorized to transmit a copy of the Bylaws, together
      with a certified copy of this resolution, to the City Council of the City of Ypsilanti requesting its
      approval.

   3. All resolutions and parts of resolutions insofar as they conflict with the provisions of this
      resolution are and the same hereby are rescinded.




OFFERED BY:

SUPPORTED BY:

YES:                  NO:                     ABSENT:                        VOTE:
                  RESOLUTION APPROVING BYLAWS FOR THE
                 DOWNTOWN DEVELOPMENT AUTHORITY OF THE
                            CITY OF YPSILANTI

Minutes of a regular meeting of the City Council of the City of Ypsilanti, County of
Washtenaw, State of Michigan, held in the City Hall in the City of Ypsilanti, on the _____
day of _______ 2009 at _____ PM, Eastern Standard Time.

PRESENT: Members
___________________________________________________________.

ABSENT: Members
____________________________________________________________.

The following preamble and resolution were offered by Member _______ and supported
by Member _______.

WHEREAS, the City of Ypsilanti (the “City”) is authorized by the provisions of Act 197,
Public Acts of Michigan, 1975, as amended (“Act 197”), to create a downtown
development authority; and

WHEREAS, it is necessary for the best interests of the public, to halt property value
deterioration and increase property tax valuation where possible in the business
district(s) of the City, to eliminate the causes of such deterioration, and to promote
economic growth; and

WHEREAS, a proposed ordinance designating the downtown district(s) and
incorporating a downtown development authority pursuant to Act 197 has been adopted
by the City Council; and

WHEREAS, the Board of Directors of the Downtown Development Authority of the City
of Ypsilanti (the “DDA”) deems it appropriate to approve the Bylaws of the DDA.

      NOW, THEREFORE, BE IT RESOLVED THAT:

             1. The Bylaws of the DDA, a form of which is attached hereto, are hereby
                approved.

             2. The Chairperson of the DDA was hereby authorized to transmit a copy
                of the Bylaws, together with a certified copy of this resolution, to the
                City Council of the City of Ypsilanti requesting its approval.

             3. All resolutions and parts of resolutions insofar as they conflict with the
                provisions of this resolution are and the same hereby are rescinded.

                                                                                        1
AYES: Members
______________________________________________________________.

NAYS: Members
______________________________________________________________.

RESOLUTION DECLARE ADOPTED



_________________________________
Frances McMullan, City Clerk




                                                                  2
                 DOWNTOWN DEVELOPMENT AUTHORITY

                                      Bylaws of
                   The Downtown Development Authority
                              of The City of Ypsilanti

                                       Article I
                              Purposes and Powers
Section 1. Purposes: The purpose or purposes for which the City of Ypsilanti
Downtown Development Authority, (“Authority”) is organized are as follows: To act as a
downtown development authority (“DDA”) in accordance with Act 197 of the Public Acts
of 1975, as amended, and as from time to time amended; including particularly to
correct and prevent deterioration in the downtown district(s); to encourage historical
preservation; to create and implement development plans in the district(s), and to
promote the economic growth and vitality of the district(s). In furtherance of these
purposes, the Authority shall have all of the powers which now or hereafter may be
conferred by law on Authorities organized under Public Act 197 of 1975, as amended,
and as from time to time amended.

Section 2. Powers: As described in Section 7 of Public Act 197 of 1975, as
amended, the Authority shall have the power or authority to:
(a)   Prepare an analysis of economic changes taking place in the downtown
      district(s).
(b)   Study and analyze the impact of metropolitan growth upon the downtown
      district(s).
(c)   Plan and propose the construction, the renovation, repair, remodeling,
      rehabilitation, restoration, preservation, or reconstruction of a public facility, an
      existing building, or a multiple-family dwelling unit which may be necessary or
      appropriate to the execution of a plan which, in the opinion of the Board, aids in
      the economic growth of the downtown district(s).
(d)   Develop long-range plans, in cooperation with the agency which is chiefly
      responsible for planning in the municipality, designed to halt the deterioration of
      property values in the downtown district(s) and to promote the economic growth
      of the downtown district(s), and take such steps as may be necessary to
      persuade property owners to implement the plans to the fullest extent possible.
(e)   Implement any plan of development in the downtown district(s) necessary to
      achieve the purposes of Act 197, in accordance with the powers of the Authority
      as granted by Act 197.
(f)   Make and enter into contracts necessary or incidental to the exercise of its
      powers and performance of its duties.
                                                                                         3
(g)    Acquire by purchase or otherwise, on terms and conditions and in a manner the
       Authority deems proper, or own, convey, or otherwise dispose of, or lease as
       lessor or lessee, land and other property, real or personal, or rights of interests
       therein, which the Authority determines is reasonably necessary to achieve the
       purposes of this Act, and to grant or acquire licenses, easements, and options
       with respect thereto.
(h)    Improve land and construct, reconstruct, rehabilitate, restore and preserve,
       equip, improve, maintain, repair and operate any building, including multiple-
       family dwellings, and any necessary or desirable appurtenances thereto, within
       the downtown district(s) for the use, in whole or in part, of any public or private
       person or corporation, or a combination thereof.
(i)    Fix, charge, and collect fees, rents, and charges for the use of any building or
       property under its control or any part thereof, or facility therein, and pledge the
       fees, rents and charges for the payment of revenue bonds issued by the
       Authority.
(j)    Lease any building or property under its control, or any part thereof.
(k)    Accept grants and donations of property, labor, or other things of value from a
       public or private source.
(l)    Acquire and construct public facilities.

                                         Article II
                                  Board of Directors

Section 1. General Powers: The Authority shall be under the supervision and control
of a Board of Directors who may exercise all powers provided in Act 197 of the Public
Acts of 1975, as amended.

Section 2. Number, Tenure, and Qualifications: The Board of Directors of the
Authority shall consist of the Mayor of the City of Ypsilanti and not less than eight (8) or
more than twelve (12) Board members as determined by the City Council of the City of
Ypsilanti. Not less than a majority of the Board members shall be persons having an
interest in property located in the downtown district(s). Not less than one (1) of the
Board members shall be a resident of the downtown district(s), if the downtown
district(s) have one hundred (100) or more persons residing within it.

Section 3. Selection of Board Members: The Mayor of the City of Ypsilanti with the
advice and consent of the City Council shall appoint the members of the Board. Of the
first Board of Directors appointed, an equal number as near as practicable shall be
appointed for terms of one (1) year, two (2) years, three (3) years, and four (4) years.
Thereafter, each Board member shall serve for a term of four (4) years. Subsequent
Board members shall be appointed in the same manner as the original appointments at
the expiration of each Board member’s term of office. Before assuming the duties of
                                                                                          4
office, a Board member shall qualify by taking and subscribing to the constitutional oath
of office.

Section 4. Compensation of Board of Directors: Board members shall serve
without compensation, but shall be reimbursed for actual and necessary expenses.

Section 5. Expiration of Term, Continuation in Office, Reappointment, and
Filling Vacancies: Board members whose terms of office have expired shall continue
to hold office until a successor has been appointed. If a vacancy is created by the
death, resignation, or removal of a Board member, a successor shall be appointed by
the Mayor of the City of Ypsilanti within thirty (30) days to hold office for the remainder
of the term so vacated.

Section 6. Attendance: All Board members are required to attend no less than 75%
of all regularly scheduled meetings, including the mandatory annual meeting, and no
less than 75% of all regularly scheduled committee meetings within any given fiscal
year. The number of missed meetings will be tracked by the Executive Director, and
upon reaching the noted threshold, the Chairperson will be notified and removal
proceedings shall commence.

Section 7. Removal: Pursuant to proper notice, written explanation of rationale, and
an opportunity to be heard, a Board member may be removed from office for neglect of
duty including noncompliant attendance record (see Section 6), misconduct,
malfeasance, or any other good cause. Following a majority vote of the Board to
remove, a letter of recommendation shall be submitted to the City Council of the City of
Ypsilanti. Upon a majority vote of the City Council to remove, the Board member shall
be officially relinquished of their duties.

Section 8. Disclosure of Interest: A Board member who has a direct conflict of
interest regarding any matter before the Authority shall verbally disclose his or her
interest prior to the Authority taking any action with respect to the matter, and said
disclosure shall become a part of the record of the Authority's official proceedings.
Further, any Board member making such disclosure shall then refrain from participating
in the Authority's decision-making process relative to such matter(s). Reference the
Ypsilanti City Charter, Article IX Boards and Commissions, the Board of Ethics
Ordinance, No. 90-819, and Ethics Resolutions 91-29, 77-264-A.

                                       Article III
                                       Officers

Section 1. Election of Officers: The officers of the Authority shall be a Chairperson,
Vice-Chairperson, and Treasurer who shall be elected at the first regular meeting and at
each annual meeting thereafter.




                                                                                         5
Section 2. Term of Office: Officers shall serve a term of one (1) year or any part
thereof as may be determined, and until his or her successor is designated. No terms of
office created under this section shall extend beyond the term of the Board member
designated.

Section 3. Authority: Except as may be set forth in the bylaws, officers shall have no
additional authority, no officer shall have the authority to act unilaterally, or direct the
staff on behalf of the Authority.

Section 4. Delegation of Duties: In the absence of an officer of the Authority, the
Board may delegate the duties of any officer to another member provided the majority of
the Board members concur therein.

Section 5. Filling of Vacancies and Removal of Officers: A vacancy may be filled
by the Mayor of the City of Ypsilanti for the unexpired portion of an officer’s term in
accordance with Article II, Section 5. An officer may be removed by the Board in
accordance with Article II, Section 7. If the Board desires the removal of a Board
member from their officer responsibilities, the rationale shall be the same as previously
noted, but the decision shall be made by a majority of the Board membership.

Section 6. Chairperson: The Chairperson shall preside at meetings of the Board and
shall do and perform such other duties as may be from time to time assigned to him or
her by the Board.

Section 7. Vice-Chairperson: The Vice-Chairperson shall perform the duties of the
Chairperson in the Chairperson's absence and such other duties as shall from time to
time be assigned to him or her by the Board.

Section 8. Treasurer: The Treasurer or a designee shall prepare, with the assistance
of appropriate City officials, an annual financial report covering the fiscal year of the
Authority. The fiscal year of the authority shall be the same as that of the City.

                                   Article IV
                             Employment of Personnel
Section 1. Executive Director: The Board may employ and fix the compensation of
an Executive Director, subject to the approval of the City Council of the City of Ypsilanti.
The Executive Director shall serve at the pleasure of the Board who shall also provide
policy direction for the position. A member of the Board is not eligible to hold the
position of Executive Director. The Executive Director shall be the chief executive officer
of the Authority. Subject to the approval of the Board, the Executive Director shall
supervise, and be responsible for, the preparation of plans and the performance of the
functions of the Authority in the manner authorized by Act 197 of the Public Acts of
1975, as amended. The Executive Director shall attend the meetings of the Board, and
shall render to the Board and to the City Council of the City of Ypsilanti a report
covering the activities and financial condition of the Authority. If the Executive Director is

                                                                                            6
absent or disabled, the Board may designate a qualified person as acting Executive
Director to perform the duties of the office. The Executive Director shall furnish the
Board with information or reports governing the operation of the Authority as the Board
requires.

Section 2. Legal Counsel: The Board may retain legal counsel to advise the Board
in the proper performance of its duties. The legal counsel shall represent the Authority
in actions brought by or against the Authority.

Section 3. Recording Secretary: A Recording Secretary (member of the DDA staff)
shall attend all meetings of the Board and record all votes and the minutes of all
proceedings, and shall maintain a minute book for that purpose. The Recording
Secretary shall give, or cause to be given, notice of all meetings of the Board of
Directors and shall perform such other duties as may be prescribed by the Board. The
Recording Secretary shall, when authorized by the Board, attest by signature to actions
of the Board.

Section 4. Other Personnel: The Board may employ and fix the compensation of
other personnel deemed necessary by the Board to assist the Executive Director and
the officers in carrying out their duties.

Section 5. Contracts for Employee Services: The Authority may, at its discretion,
contract with the City of Ypsilanti for administrative, planning, legal, or other services in
support of its operations.

Section 6. Review of Executive Director, Legal Counsel, Recording Secretary,
and Other Personnel Contracts: On no less than an annual basis, and prior to
approving the annual budget, the Authority shall review the above noted employment
contracts/agreements, provide feedback, and/or modify where deemed necessary. This
does not include DDA staff, which shall be the purview of the Executive Director.

                                        Article V
                                        Meetings

Section 1. Annual Meeting: An annual meeting shall be held in September of each
calendar year. The election of officers shall occur at the annual meeting. The evaluation
of items such as the meeting dates and location, bylaws, policies and procedures,
mission and goals, committee structure, and committee membership shall also occur at
the annual meeting. If the election of officers should not occur on the day designated,
or any adjournment thereof, the Board shall cause the election to be held at a regular or
special meeting of the Board within ninety (90) days of the annual meeting.

Section 2. Regular Meetings: Regular meetings of the Board shall be held at a time
and place to be set by the Board.


                                                                                           7
Section 3. Special Meetings: Special meetings shall be held whenever called by
direction of the Chairperson, Executive Director, Mayor of the City of Ypsilanti, or any
two (2) members of the Board. As per the Open Meetings Act (Section 5 below), notice
of the meeting shall be provided to each Board member no less than eighteen (18)
hours prior which denotes the time, location, and purpose.

Section 4. Closed Meetings/Sessions: Closed meetings/sessions shall occur
consistent with the notice, purpose, and requirements provision of the Open Meetings
Act (Section 5 below).

Section 5. Notice of Meeting: All meetings shall be preceded by public notice
posted in accordance with the Open Meetings Act, Act 267 of the Public Acts of 1976,
as amended. A similar notice shall be posted on the website, at the DDA office, and at
City Hall.

Section 6. Agenda: The Executive Director, in coordination with the Chair and/or
Executive Committee, shall prepare the agendas for all meetings and provide them to
the Board members at least seven (7) days prior to a regular meeting or no less than
twelve (12) hours prior to a special meeting. Any Board member may request that an
item be placed on the agenda, but all such requests shall be submitted through the
Chair and/or Executive Committee. However, the Executive Director shall utilize
discretion in the quantity of scheduled items to maintain a maximum two (2) hour
meeting timeframe.

Section 7. Quorum and Voting: A majority of the Board members in office shall
constitute a quorum for the transaction of business. In the event that effective
membership is reduced because of disclosure of a conflict of interest (Article II, Section
7) or vacancies, a majority of the remaining members eligible to vote shall constitute the
action of the Board. Additionally, all officers must vote, but only if present (no by proxy
votes), unless abstention is necessary due to the disclosure of a conflict of interest.

Section 8. Rules of Order: Robert's Rules of Order will govern the conduct of all
meetings. However, the Board may also utilize the informal process of allowing friendly
amendments to be incorporated into a motion, which assumes concurrence on the part
of the motion maker.

Section 9. Open Meetings: All meetings of the Authority shall be open to the public
in accordance with the Open Meetings Act, Public Act 267 of 1976, as amended.

                                    Article VI
                               Advisory Committees
Section 1. Advisory Committees: The Board, by resolution adopted by a majority of
the Board members present at any meeting, may designate and appoint one (1) or more
committees to advise the Board. Except as otherwise provided in such resolution, the
members of such committee shall be Board members of the Authority. Membership on

                                                                                         8
the committees shall be voluntary unless an inadequate number of volunteers (less than
three (3)) step forward at which point the Chairperson shall appoint the members
thereof. All Board members shall serve on at least one (1) committee. However, any
member may be removed by the person or persons authorized to appoint such member
whenever in their judgments the best interests of the Authority shall be served by such
removal (see Article II, Section 6). The quantity and role of the committees shall be
formalized through a separate policy.

Section 2. Executive Committee: The Board, by resolution adopted by a majority of
the Board members, may designate an executive committee comprised of such persons
as the Chairperson of the each committee and specified members of the Board of
Directors. The executive committee shall be authorized to make decisions between
business meetings provided they do not involve significant financial obligations as
defined in the funding and purchasing policy.

Section 3. Term of Office: Each member of a committee shall continue as such until
the next annual meeting of the Board of Directors of the Authority and until a successor
is appointed, unless the committee shall be sooner terminated, or unless such member
is removed from such committee, or unless such member shall cease to qualify as a
member thereof.

Section 4. Chairperson: One (1) member of each committee shall be appointed
Chairperson by the committee members thereof. The term of office shall be
commensurate with Board membership (see Section 3 above).

Section 5. Quorum: Unless otherwise provided in the resolution of the Board
designating a committee, a majority of the whole committee (never less than three) shall
constitute a quorum and the acts of a majority of the members present at a meeting at
which a quorum is present shall be the acts of the committee.

                                Article VII
            Fiscal Year, Adopting of Budget, Financial Reports,
               Expending Funds and Contractual Obligations
Section 1. Fiscal Year: The fiscal year of the Authority shall begin on the 1st day of
July and end on last day of June each year, or such other fiscal year as may hereafter
be adopted by the City.

Section 2. Adoption of Budget: The Board shall annually prepare a budget and
shall submit it to the City Council of the City of Ypsilanti. The Board shall not formally
adopt a budget for any fiscal year until the budget has been approved by the City
Council. The Board may, however, temporarily adopt a budget in connection with the
operation of any improvements which have been financed by revenue bonds when
required to do so by the ordinance authorizing the revenue bonds.



                                                                                        9
Section 3. Audit and Financial Reports: The Authority shall submit financial reports
to the City Council. The Authority shall be audited annually by the same independent
auditors auditing the City of Ypsilanti and copies of the audit report shall be filed with the
City Council.

Section 4. Expending Funds: The expenditure of funds shall be in accordance with
the funding and purchasing policy of the Authority which shall require the signature of at
least one (1) officer of the Board and/or the Executive Director.

Section 5. Contracts: The Board shall authorize an agent or agents of the Authority
to enter into any contract or execute and deliver any instrument on behalf of the
Authority within the limits authorized by Public Act 197, as amended. The authorization
may be general or confined to specific instances as per the policy of the Authority.

                                        Article VIII
                                  District Boundaries
The Authority shall exercise its powers within the downtown district(s) of the City of
Ypsilanti as designated in the ordinance establishing the Authority, and as such
ordinance may from time to time be amended.

                                        Article IX
                                     Miscellaneous
Section 1. Offices: The Authority may have such offices as the Board may
determine, or the affairs of the Authority may require from time to time.

Section 2.    Corporate Seal: The Board may adopt a corporate seal.

Section 3. Books and Records: The Authority shall keep correct and complete
books and records of account and shall also keep minutes of the proceedings of the
Board and its committees having any of the powers of the Board, and shall keep at the
principal office a record giving the names and addresses of the members entitled to
vote. All books and records of the Authority shall be open to the public at all times.

                                    Article X
                               Amendments to Bylaws

Section 1. Amendments: The Board shall have power to make, alter, or amend the
bylaws in whole or in part, to be effective upon approval of the City Council of the City of
Ypsilanti, with written copies of the proposed changes having been given at the next
preceding regular or special meeting.




                                                                                           10
Section 2. Temporary Bylaws: Until these bylaws shall become effective upon
approval of City Council of the City of Ypsilanti, these bylaws shall be temporary bylaws
for the Authority.

Adopted August 20, 2009.




                                               By: ____________________________
                                                   Dave Wheeler, Chairperson

Approved __________________
By the City Council of the City of Ypsilanti




                                               By: ____________________________
                                                   Frances McMullan, City Clerk




                                                                                      11
                     Downtown Development Authority of the
                                City of Ypsilanti
                     County of Washtenaw, State of Michigan

                 RESOLUTION APPROVING BYLAWS FOR THE
                DOWNTOWN DEVELOPMENT AUTHORITY OF THE
                           CITY OF YPSILANTI

Minutes of a regular meeting of the Board of Directors of the Downtown Development
Authority of the City of Ypsilanti, County of Washtenaw, State of Michigan, held at
SPARK East (215 West Michigan Avenue, Ypsilanti), on the 20th day of August 2009 at
8:00 AM, Eastern Standard Time.

PRESENT: Members Barnes, L. French, S. French, Gref, Karnopp, James, Mauer,
Rinehart, Mayor Schreiber, and Wheeler.

ABSENT: Members Coleman, Daniels, and Donegan.

The following preamble and resolution were offered by Member Gref and supported by
Member L. French.

WHEREAS, the City of Ypsilanti (the “City”) is authorized by the provisions of Act 197,
Public Acts of Michigan, 1975, as amended (“Act 197”), to create a downtown
development authority; and

WHEREAS, it is necessary for the best interests of the public, to halt property value
deterioration and increase property tax valuation where possible in the business
district(s) of the City, to eliminate the causes of such deterioration, and to promote
economic growth; and

WHEREAS, a proposed ordinance designating a downtown district(s) and incorporating
a downtown development authority pursuant to Act 197 has been adopted by the City
Council; and

WHEREAS, the Board of Directors of the Downtown Development Authority of the City
of Ypsilanti (the “DDA”) deems it appropriate to approve the Bylaws of the DDA.

      NOW, THEREFORE, BE IT RESOLVED THAT:

      1. The Bylaws of the DDA, a form of which is attached hereto, are hereby
         approved.

      2. The Chairperson of the DDA is hereby authorized to transmit a copy of the
         Bylaws, together with a certified copy of this resolution, to the City Council of
         the City of Ypsilanti requesting its approval.

                                                                                       12
     3. All resolutions and parts of resolutions insofar as they conflict with the
        provisions of this resolution are and the same hereby are rescinded.

AYES: Members Barnes, L. French, S. French, Gref, Karnopp, James, Mauer,
Rinehart, Mayor Schreiber, Wheeler.

NAYS: Members
_____________________________________________________________________.

RESOLUTION DECLARE ADOPTED



_________________________________
Frances McMullan, City Clerk




                                                                                13
                               REQUEST FOR LEGISLATION
                                    October 20, 2009




FROM:        Stan Kirton, Director of Public Services

SUBJECT:     Application to Department of Energy (DOE) for EECBG Funds

Background: The American Recovery and Reinvestment Act of 2009, appropriates funding
            for the Department of Energy (DOE) to award formula-based grants to states,
            U.S. territories, units of local government, and Indian tribes under the Energy
            Efficiency and Conservation Grant (EECBG) Program. The purpose of the
            EECBG program is to assist eligible entities in creating and implementing
            strategies to: reduce fossil fuel emissions, reduce total energy use of eligible
            entities and improve energy efficiency in the building sector, the
            transportation sector, and other appropriate sectors. Cities with populations
            of 35,000 or more are classified entitlement communities and are eligible for
            direct formula grants. Cities under 35,000, such as the City of Ypsilanti are
            required to apply for competitive grants through the state.
            The City of Ypsilanti is eligible to receive up to $115,000 in EECBG funds. City
            staff has identified and prioritized eligible funding items, including lighting
            retrofits, HVAC upgrades and other energy conservation measures throughout
            city facilities. There is also an opportunity for LED demonstration projects that
            could fund LED lighting in the Fire and Police parking lot.
            Several energy consulting firms (6) were interviewed to assist the City with the
            application and strategy development. With the exception of the Clean Energy
            Coalition, these firms wanted to enter into performance contracts similar to
            the 2007 Honeywell proposal. The Clean Energy Coalition, 44 E. Cross St.,
            Ypsilanti, MI, posses a depth of experience and success with energy
            conservation grants and energy conservation strategies. The CEC has agreed
            to assist the City with the grant application process, strategy development,
            and with the documentation and reporting required by the EECBG. The cost
            for this service will be expended from the EECBG which allows for up to 10%
            of the awarded funds for administration.

Recommendation: Approval

Council Agenda Date: October 20, 2009           Council Agenda Item No._2009-243_______

City Manager Approval: _______________________________

City Manager Comments:

Finance Director Approval: ____________________________
                                                                  Resolution No. 2009-243
                                                                         October 20, 2009




RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI:

        WHEREAS, The American Recovery and Reinvestment Act of 2009, appropriates
funding for the Department of Energy (DOE) to award formula-based grants to states, U.S.
territories, units of local government, and Indian tribes under the Energy Efficiency and
Conservation Grant (EECBG) Program.

      WHEREAS, the State of Michigan Energy Office is accepting applications (RFP)
through October 22, 2009 for Energy Efficiency and Conservation Block Grants (EECBG) for
non-entitlement cities; and

      WHEREAS, the Clean Energy Coalition, posses a depth of experience with energy
conservation grants and energy conservation strategies; and

       NOW, THEREFORE, BE IT RESOLVED THAT the City Council approves submitting an
application to the State Energy Office for EECBG funds in the amount of $115,000 and to
use an amount not to exceed 10% of the grant award to pay for consulting services; and

      THAT the City Manager is authorized to sign any documents that may be needed to
meet the application timelines, subject to review and approval by the City Attorney.




OFFERED BY:_____________________________________________________

SUPPORTED BY: _________________________________________________

YES:              NO:               ABSENT:                     VOTE:
                                                                   Resolution No. 2009-244
                                                                          October 20, 2009




RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI:

The Ypsilanti City Council will hold Regular Meetings at 7:00 p.m. in the City Council
Chambers, located at One South Huron Street, Ypsilanti, Michigan 48197, for the year
2010 on the following dates:

             January 12 (2nd Tuesday)          July 20
             February 2                        August 5 (Thursday)
             February 16                       August 17
             March 2                           September 7
             March 16                          September 21
             April 6                           October 5
             April 20                          October 19
             May 6 (Thursday)                  November 4 (Thursday)
             May 18                            November 16
             June 1                            December 7
             June 15                           December 21
             July 6

The City of Ypsilanti encourages persons with disabilities to participate and will provide
necessary reasonable auxiliary aids and services, such as signed for the hearing
impaired and audiotapes of printed materials being considered at the meeting, to
individuals with disabilities at the meeting upon two (2) days notice to the City.
Individuals with disabilities requiring auxiliary aids or services should contact the City by
writing or calling the following:

                                    City Clerk’s Office
                                One South Huron Street
                             Ypsilanti, Michigan 48197-5420
                     (734) 483-1100 or (800) 649-4777 (TDD Relay)

All persons are welcome to attend. Additional information may be obtained at the City
Clerk’s Office and written comments may be sent to the City Clerk’s Office at the above
listed address.


OFFERED BY:

SUPPORTED BY:

YES:                 NO:                   ABSENT:              VOTE:
                                                           Resolution No. 2009-245
                                                                  October 20, 2009




RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI:

That the Minutes of October 6, 2009 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, OCTOBER 6, 2009
                                                  7:00 P.M.


I.      CALL TO ORDER

        The meeting was called to order at 7:01 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   (7:10 p.m.)


        Council Member Bodary moved, supported by Council Member Nickels to excuse the absence of Council
        Member Richardson. 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.      INTRODUCTIONS

        Mayor Schreiber introduced OHM Project Engineer Kent Early, YCUA Executive Director Larry Thomas, Fire
        Chief Jon Ichesco and Public Services Director Stan Kirton.

VI.     AGENDA APPROVAL

        The agenda was amended as follows:

        Update on the 2009-1020 State of Michigan budget process - Postponed
        Resolution No. 2009-219 - Postponed
        Resolution No. 2009-203 – Removed to be brought back to Council as an ordinance

        The agenda was approved as amended.

VII.    PRESENTATION

        1. Update on the 2009-2010 State of Michigan budget process – Kirk Profit, GCSI (Postponed)

        2. Water Street Update – Administrative Services Director April McGrath


City Council Meeting Minutes
October 6, 2009                                                                                               1
VIII.    PUBLIC HEARING (Removed) Will be brought back as an ordinance)

         1.       A resolution to approve the vacation of a portion of the Collegewood Drive right-of-way.

                  A. Resolution No. 2009-203, determination
                  B. Open public hearing
                  C. Resolution No. 2009-204, close public hearing

      VIII.   ORDINANCES – FIRST SECOND READING
                                                                                                   Ordinance No. 1095
              1. Resolution No. 2009-064, approving an ordinance to add a new Division of Chapter 38, Article III
                 of the Ypsilanti City Code, entitled, “Incidents Involving the Response of the Fire Department”, an
                 ordinance to allow recovery of costs for certain Fire Department Services.

                            RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI:

                            That an ordinance entitled "An Ordinance to allow recovery of costs for certain
                            Fire Department Services" be approved on Second Reading.

OFFERED BY: Council Member Murdock
SUPPORTED BY: Council Member Robb

On roll call, the vote to approve Ordinance No. 1095 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          Yes

VOTE:

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

 X.      ORDINANCES – FIRST READING
                                                                                                  Ordinance No. 1107
         1. An ordinance to amend Chapter 18, entitled “Buildings and Building Regulations” by amending Article
            VI, “Inspection and Control of Certain Buildings,” Division 1, “Generally” Section 18-115
            “Misdemeanor,” to re-title the section “Municipal Civil Infraction” and to make violations municipal civil
            infractions and to provide penalties and remedies for violations”.

              A. Resolution No. 2009-205, determination

                            RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI:

                            That a ordinance revising the penalty for inspection of certain buildings
                            violation to a civil infraction, entitled "AN ORDINANCE TO AMEND CHAPTER 18
                            OF THE YPSILANTI CITY CODE, ENTITLED “BUILDINGS AND BUILDING
                            REGULATIONS,” BY AMENDING ARTICLE VI, “INSPECTION AND CONTROL OF
                            CERTAIN BUILDINGS,” DIVISION 1, “GENERALLY,” SECTION 18-115
                            “MISDEMEANOR,” TO RE-TITLE THE SECTION “MUNICIPAL CIVIL
                            INFRACTION” AND TO MAKE VIOLATIONS MUNICIPAL CIVIL INFRACTIONS
                            AND TO PROVIDE PENALTIES AND REMEDIES FOR VIOLATIONS" be approved
                            on First Reading.

City Council Meeting Minutes
October 6, 2009                                                                                              2
OFFERED BY: Council Member Robb
SUPPORTED BY: Council Member Bodary

Assistant City Attorney Barr gave an overview of the ordinance changes.

            B. Open public hearing

            C. Resolution No. 2009-206, close public hearing

                        RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI:

                        That the Public Hearing to amend an ordinance entitled, an ordinance to amend
                        Chapter 18, entitled “Buildings and Building Regulations” by amending Article
                        VI, “Inspection and Control of Certain Buildings,” Division 1, “Generally” of the
                        City of Ypsilanti Code of Ordinances be officially closed.

OFFERED BY: Council Member Robb
SUPPORTED BY: Council Member Bodary

VOTE:

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

Mayor Pro-Tem Swanson-Winston moved that the ordinance be tabled to allow staff to research the actual dates of
when the ordinance was last changed. Motion died for lack of support.

On roll call, the vote to approve Ordinance No. 1107 at First Reading was as follows:

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

VOTE:

Yes:    5       No: 1 (Swanson-Winston)                  Absent: 1 (Murdock)             Vote: Carried

                                                                                                     Ordinance 1108
        2. An ordinance to amend Chapter 1, entitled, “An ordinance to amend municipal civil infraction
           penalties, “General Provisions”, Section 1-15 “Penalties and Sanctions” to re-title the section
           “Penalties, Sanctions and Remedies” and to specifically include other penalties and remedies
           allowed by law for municipal civil infraction violations.

            A. Resolution No. 2009-207, determination

                        RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI:
                        That a ordinance to amend municipal civil infraction penalties, entitled "AN
                        ORDINANCE TO AMEND CHAPTER 1 OF THE YPSILANTI CITY CODE, ENTITLED
                        “GENERAL PROVISIONS,” SECTION 1-15 “PENALTIES AND SANCTIONS,” TO RE-
                        TITLE THE SECTION “PENALTIES, SANCTIONS, AND REMEDIES,” AND TO
                        SPECIFICALLY INCLUDE OTHER PENALTIES AND REMEDIES ALLOWED BY LAW

City Council Meeting Minutes
October 6, 2009                                                                                          3
                         FOR MUNICIPAL CIVIL INFRACTION VIOLATIONS" be approved on First
                         Reading.

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

            B. Open public hearing

            C. Resolution No. 2009-208, close public hearing

                         RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI:
                         That the public hearing to amend municipal civil infraction penalties, entitled
                         "AN ORDINANCE TO AMEND CHAPTER 1 OF THE YPSILANTI CITY CODE,
                         ENTITLED “GENERAL PROVISIONS,” SECTION 1-15 “PENALTIES AND
                         SANCTIONS,” TO RE-TITLE THE SECTION “PENALTIES, SANCTIONS, AND
                         REMEDIES,” AND TO SPECIFICALLY INCLUDE OTHER PENALTIES AND
                         REMEDIES ALLOWED BY LAW FOR MUNICIPAL CIVIL INFRACTION
                         VIOLATIONS" be officially closed.
OFFERED BY: Council Member Richardson
SUPPORTED BY: Council Member Murdock

VOTE:

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

On roll call, the vote to approve Ordinance No. 1108 at First Reading 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

                                                                                                    Ordinance 1109
        3. An ordinance to adopt the International Property Maintenance Code, entitled "An ordinance to amend
           Chapter 18 of the Ypsilanti City Code, entitled, “Buildings and Building Regulations,” by amending
           Article V, “Property Maintenance Code” Section 18-91 “Adoption,” to replace the BOCA National
           Property Maintenance Code with the 2006 Edition of the International Property Maintenance Code; by
           amending Section 8-92 “additions, insertions and changes,” by deleting the previous additions,
           insertions and changes and making additions, insertions and changes to the 2006 Edition of the
           International Property Maintenance Code, including making violations Municipal Infractions; and by
           amending Section 18-93 “Appeals Board,” to replace the reference to the BOCA National Property
           Maintenance Code with the International Property Maintenance Code and to provide procedures,
           penalties and remedies for violations”.

            A.   Resolution No. 2009-209, determination

                         RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI:


City Council Meeting Minutes
October 6, 2009                                                                                         4
                        That a ordinance to adopt the International Property Maintenance Code,
                        entitled "AN ORDINANCE TO AMEND CHAPTER 18 OF THE YPSILANTI CITY
                        CODE, ENTITLED “BUILDINGS AND BUILDING REGULATIONS,” BY AMENDING
                        ARTICLE V, “PROPERTY MAINTENANCE CODE,” SECTION 18-91 “ADOPTION,”
                        TO REPLACE THE BOCA NATIONAL PROPERTY MAINTENANCE CODE WITH THE
                        2006 EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE; BY
                        AMENDING SECTION 18-92 “ADDITIONS, INSERTIONS AND CHANGES,” BY
                        DELETING THE PREVIOUS ADDITIONS, INSERTIONS AND CHANGES AND
                        MAKING ADDITIONS, INSERTIONS AND CHANGES TO THE 2006 EDITION OF
                        THE INTERNATIONAL PROPERTY MAINTENANCE CODE, INCLUDING MAKING
                        VIOLATIONS MUNICIPAL CIVIL INFRACTIONS; AND BY AMENDING SECTION
                        18-93 “APPEALS BOARD,” TO REPLACE THE REFERENCE TO THE BOCA
                        NATIONAL PROPERTY MAINTENANCE CODE WITH THE INTERNATIONAL
                        PROPERTY MAINTENANCE CODE AND TO PROVIDE PROCEDURES; AND TO
                        PROVIDE PENALTIES AND REMEDIES FOR VIOLATIONS" be approved on First
                        Reading.

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

            B. Open public hearing

            C. Resolution No. 2009-210, close public hearing

                        RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI:

                        That the public hearing to adopt the International Property Maintenance Code,
                        entitled "AN ORDINANCE TO AMEND CHAPTER 18 OF THE YPSILANTI CITY
                        CODE, ENTITLED “BUILDINGS AND BUILDING REGULATIONS,” BY AMENDING
                        ARTICLE V, “PROPERTY MAINTENANCE CODE,” SECTION 18-91 “ADOPTION,”
                        TO REPLACE THE BOCA NATIONAL PROPERTY MAINTENANCE CODE WITH THE
                        2006 EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE; BY
                        AMENDING SECTION 18-92 “ADDITIONS, INSERTIONS AND CHANGES,” BY
                        DELETING THE PREVIOUS ADDITIONS, INSERTIONS AND CHANGES AND
                        MAKING ADDITIONS, INSERTIONS AND CHANGES TO THE 2006 EDITION OF
                        THE INTERNATIONAL PROPERTY MAINTENANCE CODE, INCLUDING MAKING
                        VIOLATIONS MUNICIPAL CIVIL INFRACTIONS; AND BY AMENDING SECTION
                        18-93 “APPEALS BOARD,” TO REPLACE THE REFERENCE TO THE BOCA
                        NATIONAL PROPERTY MAINTENANCE CODE WITH THE INTERNATIONAL
                        PROPERTY MAINTENANCE CODE AND TO PROVIDE PROCEDURES; AND TO
                        PROVIDE PENALTIES AND REMEDIES FOR VIOLATIONS" be officially closed.

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

VOTE:

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

On roll call, the vote to approve Ordinance No. 1109 at First Reading was as follows:

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

City Council Meeting Minutes
October 6, 2009                                                                                      5
                Council Member Bodary                    Yes             Mayor Schreiber                 Yes
                Council Member Murdock                   Yes

VOTE:

Yes:    7       No:       0             Absent: 0                Vote: Carried
                                                                                                     Ordinance 1110
        4. An ordinance to amend Chapter 18, entitled “An ordinance to amend Chapter 18 of the Ypsilanti City
           Code, entitled “Buildings and Building Regulations”, by amending Article III, “State Construction Code”,
           Section 18-52 “Misdemeanor,” to re-title the section “Municipal Civil Infraction” and to make violations
           municipal civil infractions and to provide penalties and remedies for violations.

            A. Resolution No. 2009-211, determination

                          RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI:

                          That an ordinance to amend Chapter 18, entitled "AN ORDINANCE TO AMEND
                          CHAPTER 18 OF THE YPSILANTI CITY CODE, ENTITLED “BUILDINGS AND
                          BUILDING REGULATIONS,” BY AMENDING ARTICLE III “STATE
                          CONSTRUCTION CODE,” SECTION 18-52 “MISDEMEANOR,” TO RE-TITLE THE
                          SECTION “MUNICIPAL CIVIL INFRACTION” AND TO MAKE VIOLATIONS
                          MUNICIPAL CIVIL INFRACTIONS AND TO PROVIDE PENALTIES AND REMEDIES
                          FOR VIOLATIONS" be approved on First Reading.

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

            B. Open public hearing

            C. Resolution No. 2009-212, close public hearing

                          RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI:

                          That the public hearing to amend Chapter 18, entitled "AN ORDINANCE TO
                          AMEND CHAPTER 18 OF THE YPSILANTI CITY CODE, ENTITLED “BUILDINGS
                          AND BUILDING REGULATIONS,” BY AMENDING ARTICLE III “STATE
                          CONSTRUCTION CODE,” SECTION 18-52 “MISDEMEANOR,” TO RE-TITLE THE
                          SECTION “MUNICIPAL CIVIL INFRACTION” AND TO MAKE VIOLATIONS
                          MUNICIPAL CIVIL INFRACTIONS AND TO PROVIDE PENALTIES AND REMEDIES
                          FOR VIOLATIONS" be officially closed.

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

VOTE:

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

On roll call, the vote to approve Ordinance 1110 at First Reading was as follows:

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

City Council Meeting Minutes
October 6, 2009                                                                                          6
                 Council Member Nickels                   Yes

VOTE:

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

                                                                                                         Ordinance 1111
         5. An ordinance to repeal the Electrical Code section, entitled, An ordinance to amend Chapter 8 of the
            Ypsilanti City Code, entitled “Buildings and Building Regulations,” Article IV, “Electrical Code”, by
            repealing the adoption of the 1996 Edition of the National Electrical Code, the penalties adopted for
            violating that code and procedures regarding permits”.

             A. Resolution No. 2009-213, determination

                           RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI:

                           That a ordinance to repeal the Electrical code section, entitled “AN ORDINANCE
                           TO AMEND CHAPTER 18 OF THE YPSILANTI CITY CODE, ENTITLED “BUILDINGS
                           AND BUILDING REGULATIONS,” ARTICLE IV, “ELECTRICAL CODE,” BY
                           REPEALING THE ADOPTION OF THE 1996 EDITION OF THE NATIONAL
                           ELECTRICAL CODE, THE PENALTIES ADOPTED FOR VIOLATING THAT CODE,
                           AND PROCEDURES REGARDING PERMITS” be approved on First Reading.

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

             B. Open public hearing

             C. Resolution No. 2009-214, close public hearing

                           RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI:

                           That the public hearing to repeal the Electrical code section, entitled “AN
                           ORDINANCE TO AMEND CHAPTER 18 OF THE YPSILANTI CITY CODE, ENTITLED
                           “BUILDINGS AND BUILDING REGULATIONS,” ARTICLE IV, “ELECTRICAL CODE,”
                           BY REPEALING THE ADOPTION OF THE 1996 EDITION OF THE NATIONAL
                           ELECTRICAL CODE, THE PENALTIES ADOPTED FOR VIOLATING THAT CODE,
                           AND PROCEDURES REGARDING PERMITS” be officially closed.

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

VOTE:

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

On roll call, the vote to approve Ordinance No. 1111 at First Reading was as follows:

                 Council   Member   Bodary        Yes              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


City Council Meeting Minutes
October 6, 2009                                                                                             7
 VOTE:

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

 XI.         AUDIENCE PARTICIPATION

         None

XII.     REMARKS BY THE MAYOR

         None

XIII.        ORDINANCES – SECOND READING

         1. Resolution No. 2009-195, approving Ordinance No. 1105, an ordinance to regulate filming the City of
            Ypsilanti. (Postponed on 9/22/09)

                            RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI:

                            That the ordinance entitled "An ordinance to regulate filming within the City of
                            Ypsilanti" be approved on Second and Final Reading.

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

 Assistant City Attorney Barr gave an overview of the ordinance and answered questions from Council.

 Council Member Robb moved, supported by Council Member Richardson to amend the ordinance as follows:

         A film permit is not required for the following production activities:
                  (1) Filming current news.
                  (2) Filming for private or family use.
                  (3) Filming for use in a school project.
                  (4) Filming conducted by the City’s public, education and government access organizations, or by or at
                  the direction of the City.
                  (5) Filming for the transmission of live entertainment to large-screen monitors within a live
                  entertainment venue.
                  (6) Filming within a legally established commercial motion picture, television, radio or photography
                  studio, so long as city resources are not required for such filming.
                  (7) Filming for home-based internet broadcasting of opinions and other protected speech for non-
                  commercial purposes so long as city resources are not required for such filming.
                   Video or multimedia broadcast on the Internet so long as city resources are not required for such
                  filming.

 The vote to approve the amendment was as follows:

 VOTE:

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

 On roll call, the vote to approve Ordinance 1105 at Second Reading as amended was as follows:



 City Council Meeting Minutes
 October 6, 2009                                                                                             8
                Council Member Nickels                Yes             Council Member Bodary     Yes
                Council Member Richardson             Yes             Council Member Murdock    Yes
                Council Member Robb                   Yes             Mayor Schreiber           Yes
                Mayor Pro-Tem Swanson-Winston         Yes

VOTE:

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

Ordinance No. 1105 as approved reads as follows:

                                            Ordinance No. 1105

An ordinance to regulate filming within the City of Ypsilanti.

1.     THE CITY OF YPSILANTI ORDAINS That Section 10-312 of the Ypsilanti City Code be changed by
adding the following:

       Except as provided herein, an approved film permit shall be required for the filming of any
motion picture, television production, commercial production, educational production or other video
production within the City of Ypsilanti. The City Manager’s office shall provide guidelines and
regulations for filming and make applications available at the City Clerk’s office in City Hall. The City
Manager may make administrative changes to the guidelines and regulations, including the fee
schedule, as circumstances and costs change.          The Special Events Coordinator shall evaluate
applications and issue permits pursuant to the guidelines and regulations.

       Filming without a permit shall be considered a misdemeanor and the film’s producer and/or
director may be subject to penalties pursuant to Section 74-320 of the Ypsilanti City Code of Ordinances.

        A film permit is not required for the following production activities:

                (1) Filming current news.
                (2) Filming for private or family use.
                (3) Filming for use in a school project.
                (4) Filming conducted by the City’s public, education and government access
                organizations, or by or at the direction of the City.
                (5) Filming for the transmission of live entertainment to large-screen monitors within a
                live entertainment venue.
                (6) Filming within a legally established commercial motion picture, television, radio or
                photography studio, so long as city resources are not required for such filming.
                (7) Video or multimedia broadcast on the Internet so long as city resources are not
                required for such filming.

XIV.    MINUTES

        Resolution No. 2009-215, approving the minutes of September 22, 2009

                        RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI:

                        That the Minutes of September 22, 2009 be approved.



City Council Meeting Minutes
October 6, 2009                                                                                 9
OFFERED BY: Mayor Pro-Tem Swanson-Winston
SUPPORTED BY: Council Member Nickels

XV.     CONSENT AGENDA                                                                     Resolution No. 2009-216

        1.     Resolution No. 2009-217, recognizing the Michigan Rock and Roll Hall of Fame Project as a
               nonprofit organization operating in the City of Ypsilanti for the purpose of obtaining charitable
               gaming license.

                        RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI:

                        Whereas, the Michigan Rock and Roll Hall of Fame Project intends to apply to
                        the State of Michigan for a Charitable Gaming License; and

                        Whereas, this license would permit Rock and Roll Hall of Fame Project to hold a
                        fundraising event at Roundtree Bar & Grill, 2203 Ellsworth Road, Ypsilanti,
                        Michigan 48197; and

                        Whereas, upon approval by City Council, Michigan Rock and Roll Hall of Fame
                        Foundation will schedule an event from February 25th through February 28th,
                        2009 from 5 PM to 2 AM; and

                        Whereas, Michigan Rock and Roll Hall of Fame Project has a 501(c)(3) tax
                        exempt status

                        NOW THEREFORE BE IT RESOLVED THAT the City Council recognizes Michigan
                        Rock and Roll Hall of Fame Project as a nonprofit organization operating in the
                        City of Ypsilanti for the purpose of obtaining charitable gaming license.

        2.     Resolution No. 2009-218, recognizing the Downtown Association of Ypsilanti as a nonprofit
               organization operating in the City of Ypsilanti for the purpose of obtaining charitable gaming
               license.

                        RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI:

                        Whereas, the Downtown Association of Ypsilanti intends to apply to the State of
                        Michigan for a Charitable Gaming License; and

                        Whereas, this license would permit the Downtown Association of Ypsilanti to
                        hold a fundraising event at Roundtree Bar & Grill, 2203 Ellsworth Road,
                        Ypsilanti, Michigan 48197; and

                        Whereas, upon approval by City Council, the Downtown Association of Ypsilanti
                        will schedule two events, with the first being from October 22nd through
                        October 25th, 2009 from 5 PM to 2 AM, and November 19th through November
                        22nd, 2009 from 5 PM to 2 AM; and

                        Whereas, the Downtown Association of Ypsilanti has a 501(c)(6) tax exempt
                        status




City Council Meeting Minutes
October 6, 2009                                                                                             10
                        NOW THEREFORE BE IT RESOLVED THAT the City Council recognizes the
                        Downtown Association of Ypsilanti as a nonprofit organization operating in the
                        City of Ypsilanti for the purpose of obtaining charitable gaming license.

        3.     Resolution No. 2009-219, approving the participation agreement with McLeodUSA
               Telecommunications Services, Inc. d/b/a PAETEC. (Postponed)

        4.     Resolution No. 2009-220, approving replacement of (10) police mobile video units.

                        RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI:

                        WHEREAS, the Ypsilanti Police Department desires to replace the current digital
                        hard drive units with state of the art L-3 Mobile-Vision flash-drive systems that
                        are equipped to perform wireless downloads of all data.

                        WHEREAS, A grant application was submitted to the U.S. Department of Justice
                        for the evolution and technology improvement programs within the City of
                        Ypsilanti Police Department. The grant would provide funding to replace the
                        existing in-car video system, the purchase of a pole-camera system, and the
                        purchase of investigative services equipment - a net request in the amount of
                        $145,166.00 was submitted on May 15th, 2009. The Grant was approved and
                        the City of Ypsilanti Police Department was awarded said funds on July 16th,
                        2009.

                        WHEREAS, L-3 provided the City of Ann Arbor Bridge Contract pricing as
                        established by the tri-county purchasing cooperative – in which the City of
                        Ypsilanti is part of.

                        WHEREAS, L-3 Mobile-Vision, Inc. of Boonton, New Jersey has submitted a price
                        of $75,095.00

                        THEREFORE BE IT RESOLVED, that the Chief of Police be authorized to sign all
                        necessary documents needed to execute a purchase contract L-3 Mobile Vision,
                        Inc. Mobile Video Sales and Service Inc., subject to approval of the City
                        Attorney.

        5.     Resolution No. 2009-221, approving contract with YCUA to sell bonds to finance energy
               improvements to the YCUA wastewater treatment plant.

                                   RESOLUTION APPROVING CONTRACT
                                       AND AUTHORIZING NOTICE
                                      (Wastewater Treatment Plant)

                                           City of Ypsilanti
                                County of Washtenaw, State of Michigan
                          ____________________________________________


        Minutes of a regular meeting of the City Council (the “Governing Body”) of the City of

Ypsilanti, County of Washtenaw, State of Michigan (the “Local Unit”), held on the 6th day of October,

2009, at 7:00 o’clock p.m., Eastern Standard Time.

City Council Meeting Minutes
October 6, 2009                                                                                        11
PRESENT:        Members:



ABSENT:         Members:

        The following preamble and resolutions were offered by Member ______________________

and supported by Member _________________:

        WHEREAS, it is necessary to acquire and construct certain wastewater system improvements,

consisting of the acquisition, construction and installation of various improvements to the existing

Wastewater Treatment Plant, together with all necessary appurtenances and attachments thereto, to

serve the Local Unit and the Charter Township of Ypsilanti (the “Wastewater Improvements”); and

        WHEREAS, a contract (the “Contract”) has been prepared among the Local Unit, the Charter

Township of Ypsilanti (the “Township”) and the Ypsilanti Community Utilities Authority (the

“Authority”) whereby the Authority will issue its bonds (the “Bonds”) on behalf of the Local Unit and

the Township to provide for the financing of cost of the acquisition, construction and installation of

the Wastewater Improvements; and

        WHEREAS, this Governing Body has carefully reviewed the Contract and finds that it provides

the best means for accomplishing the acquisition and construction of the Wastewater Improvements

and for providing the needed services.

        NOW, THEREFORE, BE IT RESOLVED, THAT:

        1.      The Contract is hereby approved and the Mayor and the City Clerk of the Local Unit are

hereby authorized and directed to execute and deliver the Contract for and on behalf of the Local

Unit; provided, however, that Contract shall not become effective until the expiration of forty-five

(45) days after the publication of the attached notice as a display advertisement of at least ¼ page in

size in the Ypsilanti Courier, a newspaper of general circulation within the Local Unit, which manner

of publication is deemed by the Governing Body to be the most effective manner of informing the

taxpayers and electors of the Local Unit of the details of the proposed Contract and the rights of

referendum thereunder.



City Council Meeting Minutes
October 6, 2009                                                                               12
        2.      The City Clerk is directed to publish the attached notice in the newspaper above

designated as soon as possible after the adoption hereof.

        3.      All resolutions and parts of resolutions in conflict with this resolution be, and the same

hereby are repealed.

                                     NOTICE OF INTENT TO EXECUTE
                               TAX-SUPPORTED CONTRACT AND OF RIGHT TO
                                  PETITION FOR REFERENDUM THEREON


TO THE TAXPAYERS AND ELECTORS OF
THE CITY OF YPSILANTI,
WASHTENAW COUNTY, MICHIGAN:

        PLEASE TAKE NOTICE, the City of Ypsilanti (the “Local Unit”) has approved by resolution the
execution of a contract (the “Contract”) with the Ypsilanti Community Utilities Authority (the
“Authority”) and the Charter Township of Ypsilanti (the “Township”) pursuant to Act No. 233, Public
Acts of Michigan, 1955, as amended, which Contract provides, among other things, that the Authority
will acquire, construct and install certain wastewater improvements, consisting of the acquisition
and construction of various improvements to the existing Wastewater Treatment Plant, together with
all necessary appurtenances and attachments thereto to service the Local Unit and the Township and
will issue its bonds in the principal amount not to exceed $1,250,000 to finance the cost of the
acquisition and construction of such wastewater improvements for the Local Unit and the Township
AND THE LOCAL UNIT WILL PAY TO THE AUTHORITY PURSUANT TO THE CONTRACT THE SUMS
NECESSARY TO RETIRE ITS PERCENTAGE SHARE OF THE PRINCIPAL OF AND INTEREST ON SAID
BONDS.

                                 LOCAL UNIT’S CONTRACT OBLIGATIONS

       It is presently contemplated that the bonds will be in the principal amount of not to exceed
$1,250,000, will mature serially over a period of not to exceed twenty-five (25) years, and will bear
interest at the rate or rates to be determined at the time of sale to the Michigan Municipal Bond
Authority but in no event to exceed two and one-half percent (2.5%) per annum on the balance of
the bonds from time to time remaining unpaid. The Contract includes the Local Unit’s pledge of its
limited tax full faith and credit for the prompt and timely payment of the Local Unit’s obligations as
expressed in the Contract. THE LOCAL UNIT WILL BE REQUIRED TO LEVY AD VALOREM TAXES
WITHIN APPLICABLE CONSTITUTIONAL, CHARTER AND STATUTORY TAX LIMITATIONS ON ALL
TAXABLE PROPERTY WITHIN THE LOCAL UNIT TO THE EXTENT NECESSARY TO MAKE THE PAYMENTS
REQUIRED TO PAY ITS SHARE OF THE PRINCIPAL OF AND INTEREST ON THE BONDS IF OTHER
FUNDS FOR THAT PURPOSE ARE NOT AVAILABLE. IT IS THE PRESENT INTENT OF THE LOCAL UNIT
TO USE THE REVENUES FROM THE CITY DIVISION OF THE AUTHORITY’S SYSTEM TO MAKE THE
PAYMENTS REQUIRED TO PAY PRINCIPAL OF AND INTEREST ON THE BONDS.

                                         RIGHT OF REFERENDUM

         The Contract will become effective and binding upon the Local Unit without vote of the
electors as permitted by law unless a petition requesting an election on the question of the Local Unit
entering into the Contract, signed by not less than 10% of the registered electors of the Local Unit, is
filed with the City Clerk within forty-five (45) days after publication of this notice. If such petition is
filed, the Contract cannot become effective without an approving vote of a majority of electors of the

City Council Meeting Minutes
October 6, 2009                                                                                  13
Local Unit qualified to vote and voting on the question. The Contract is on file at the office of the City
Clerk.
       This notice is given pursuant to the requirements of Section 8 of Act No. 233, Public Acts of
Michigan, 1955, as amended. Further information concerning the details of the Contract and the
matters set out in this notice may be secured from the City Clerk’s office.

                                                                  Frances McMullan
                                                                  Clerk
                                                                  City of Ypsilanti

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

VOTE:

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

XVI.     RESOLUTIONS/MOTIONS/DISCUSSIONS

         1.       Resolution No. 2009-198, approving the fee schedule for movies/special events.

                  A RESOLUTION SETTING FEES:

                  RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI that the attached
                  additions to the fee schedule be adopted pursuant to the Ypsilanti City Code,
                  and the following fees relating to various sections of the City Code and
                  activities of the City are hereby established, and the various City Departments
                  are authorized to charge and collect such fees effective immediately.


    Ypsilanti City Code

                                                          Previous    Current    Proposed
    Dept./Div.       Sec. No.        Type of Fee
                                                           Fee ($)    Fee ($)     Fee ($)
        Film                       Permit for Film on
                      10-312                                  0           0         $250
       Permits                      Public Property
                                   Permit for Film on
                                                              0           0         $100
                                    Private Property

                                    Deposit (if City
                                                              0           0        $3,000
                                 Services are required)

                                  Daily Public Property
                                                              0           0         $107
                                      Use-per day

        Film or
                     10-312         Parking Space
        Special                                               0           0         $25
                     /10-268        Rental/per day
        Events
                                     Staff Fees:
                                     Police Officer           0           0        $53/hr
                                       Sergeant               0           0        $67/hr
                                      Lieutenant              0           0        $69/hr

City Council Meeting Minutes
October 6, 2009                                                                                     14
                                       Dispatch          0   0    $35/hr
                                      Firefighter        0   0    $46/hr
                                     Lieutenant          0   0    $50/hr
                                       Captain           0   0    $53/hr
                                      Fire Chief         0   0    $80/hr
                                Environmental/Trash-
                                                         0   0    $29/hr
                                    straight time
                                Environmental/Trash-
                                                         0   0    $37/hr
                                   overtime (OT)
                               Streets worker-straight
                                                         0   0    $31/hr
                                         time
                                 Streets worker-OT       0   0    $41/hr
                               Parks Worker-Straight
                                                         0   0    $32/hr
                                         time
                                  Parks Worker-OT        0   0    $42/hr
                                 Supervisor-Straight
                                                         0   0    $39/hr
                                         time
                                   Supervisor-OT         0   0    $51/hr
                               Vehicle Equipment:
                                      Police
                                 Mobile Command          0   0   $11.44/hr
                                  Police Cruiser         0   0   $8.09/hr
                                        Fire
                                  Class 1 Engine         0   0   $450/hr
                                   Aerial Truck          0   0   $450/hr
                                 Support Vehicle         0   0   $150/hr
                                 Public Services
                                  Car-Crown Vic          0   0   $7.45/hr
                                    Arrowboard           0   0     $8/hr
                                   Snow Blower           0   0   $3.13/hr
                                   Stake Truck           0   0   $8.96/hr
                                   Dump Truck            0   0   $43.84/hr
                                   Pickup Truck          0   0   $8.96/hr
                                 Small Dump truck        0   0   $24.73/hr
                                Large Dump truck-no
                                                         0   0   $36.36/hr
                                       plow
                               Large Dump truck with
                                                         0   0   46.97/hr
                                       plow
                                 Van with aerial lift    0   0   $18.64/hr
                                    Regular Van          0   0   $10.60/hr
                                    Ypsi Green
                                                                 $20 (flat
                                     Recycling           0   0
                                                                   fee)


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

City Council Meeting Minutes
October 6, 2009                                                              15
On roll call, the vote to approve Resolution No. 2009-198 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

        2.     Resolution No. 2009-222, approving an agreement with Orchard, Hiltz & McCliment, Inc. for Factory
               Bridge Structural Investigation and Design Engineering Services.

                        RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI:

                        WHEREAS, MDOT Local Bridge Program Funds has been programmed for a
                        bituminous deck overlay, approach sidewalk ramps for ADA compliance,
                        guardrail modifications and substructure repairs to the Factory Street Bridge in
                        the year 2011 construction season; and

                        WHEREAS, Orchard, Hiltz and McCliment has provided an exemplary level of
                        service to the City of Ypsilanti on similar improvement projects, and posses a
                        depth of experience with the infrastructure in the project area; and;

                        WHEREAS, it is necessary to secure services to investigate the structural
                        integrity of the box beams and design engineering services to meet MDOT
                        permitting requirements and keep this project on schedule for the 2011
                        construction year;

                        NOW, THEREFORE, BE IT RESOLVED THAT the City Council approves the
                        proposal for structural investigation and design engineering services with
                        Orchard, Hiltz & McCliment, Inc., 34000 Plymouth Road, Livonia, MI at a not to
                        exceed cost of $43,400; and

                        THAT the Mayor and City Clerk are authorized to sign this proposal,
                        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: Council Member Robb
SUPPORTED BY: Council Member Bodary

On roll call, the vote to approve Resolution No. 2009-222 was as follows:

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


City Council Meeting Minutes
October 6, 2009                                                                                        16
VOTE:

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

        3.        Resolution No. 2009-223, approving engagement letter between the City of Ypsilanti and Rehmann
                  Robson for the annual audit for fiscal year ended June 30, 2009.

                            RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI:

                            That the certain engagement letter between the City of Ypsilanti and Rehmann
                            Robson, Certified Public Accountants, dated July 20, 2009, for the annual audit
                            for the fiscal year ended June 30, 2009, be and the same hereby is approved.
                            The City Manager is authorized to sign for and on behalf of the City of Ypsilanti.

OFFERED BY: Council Member Murdock
SUPPORTED BY: Council Member Robb

On roll call, the vote to approve Resolution No. 2009-223 was as follows:

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

VOTE:

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

XVII.   LIASON REPORTS

             A.    SEMCOG Update – None
             B.   Washtenaw Area Transportation Study - None
             C.   Washtenaw Metro Alliance – Council Member Robb announced that the next meeting is Nov. 5th.
             D.   Washtenaw County Land Bank – Mayor Schreiber reported that he attended his first meeting today.
                  He stated that there was no appointment from the County at the meeting, however the bylaws
                  were amended to add two positions. The next meeting is October 26th at 7:30 a.m. at the County’s
                  Learning Center located off of Hogback Road.

XVIII. COUNCIL PROPOSED BUSINESS

RICHARDSON

Council Member Richardson commented on the recent renovations to Parkridge Community Center and encouraged
Council to visit. She commended DPS Director Kirton for doing a good job overseeing the work.

Ms. Richardson reported that the stop sign at Middle Dr. and W. Ainsworth is missing. She said it was replaced last
week and is gone.

City Manager Koryzno replied the contractor working on the sidewalk ramp replacement project removed the stop
sign. He stated that he has requested a temporary sign be installed by the Department of Public services.

Ms. Richardson asked how much money exists in the City Council account.


City Council Meeting Minutes
October 6, 2009                                                                                           17
City Clerk McMullan responded that she will need to research the amount.

Council Member Richardson moved, supported by Mayor Pro-Tem Swanson-Winston, that Council purchase a table
for the NAACP dinner on Saturday, October 10, 2009.

Council Member Nickels asked how much the table costs.

Ms. Richardson responded that she is not certain what the cost is.

Mayor Schreiber stated Council Members should use their own money instead of City funds for such an expense
and said he will vote against the motion.

Ms. Richardson commented that past practice was that Council purchased a table for the NAACP Dinner and
Brotherhood Banquet with Council funds. She said if Council does not wish to buy a table, individual tickets should
be purchased. She said Council Members are required to pay half their cost for conferences and there is money
available that has not yet been used.

Mr. Schreiber stated an email was distributed to Council soliciting personal monies for an advertisement for the
NAACP booklet which has been purchased.

Ms. Richardson said it is embarrassing to the City when Council Members are called to rise at banquets and no one
is present.

Council Member Robb said Council does not know the cost of the table and asked if the request is for an open
amount to be approved.

Ms. Richardson said Council Members who desire to attend and who have purchased their ticket could be
reimbursed for the expense. She said she would be willing to amend her motion to include that wording.

Council Member Murdock stated that he purchased a ticket and does not desire reimbursement.

Mayor Pro-Tem Swanson-Winston said she would like to attend the dinner.

Council Member Bodary and Mayor Schreiber said they would like to attend but have prior commitments.

Mr. Robb said he will purchase his own ticket and does not think it is appropriate to use money designated for
conferences for this purpose.

Ms. Richardson reiterated that the money has not been used for conferences.

Mr. Robb commented that such a purchase would open Council to other similar purchases.

Ms. Richardson proposed Council be allowed to attend conferences without paying half of the cost.

Mr. Schreiber suggested the proposal be taken up during goal setting for the next fiscal year.

On roll call, the vote to approve the motion was as follows:

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


City Council Meeting Minutes
October 6, 2009                                                                                           18
VOTE:

Yes:    1 (Richardson) No: 6              Absent: 0                 Vote: Failed

Ms. Richardson asked for an update on the contamination at the BP gas station.

City Manager Koryzno responded that a report will be available soon.

MURDOCK

Council Member Murdock asked for an update on the status of street openings at the Thompson Building.

Mr. Koryzno responded that eastbound Cross St. is open.

Mr. Robb said the street is open at River St. but not at Park St.

DPS Director Kirton responded that eastbound Cross St. is open but westbound is closed. He said the City is waiting
for a report from Beal Properties, Inc., due on Friday, before making a decision on reopening River St.

Mr. Murdock asked that Council review the fines and implementation of the snow removal ordinance.

Administrative Services Director McGrath stated a discussion on snow removal is scheduled for the next regular
meeting.

Mr. Murdock inquired about the status of parking on the 300 block of Washtenaw where there are no limits on
length of time that cars can be parked.

Mr. Koryzno responded that he would have a report for Council soon.

Mr. Murdock announced that the Friends of Prospect Park group won a “Keep Michigan Beautiful” award for its
work in Prospect Park.

Mr. Murdock asked whether a more formal method of excusing Council Member absences can be developed where
the individual could call and report to the City Clerk the reason, who would then report it to Council.

ROBB

Council Member Robb said he was hoping there would be a public hearing regarding the vacation of Collegewood
Street. He said the City should use this as leverage to obtain the N. Washington St. parking lot from EMU.

Mr. Robb asked if parking meters would be installed in the N. Adams St. lot.

DPS Director Kirton responded meters would be installed when landscaping is complete.

Mr. Robb reported that a group of volunteers have been picking up trash in the N. Washington St. parking lot for
three weeks and trash pickup could also be used as leverage to negotiate with EMU.

BODARY

Council Member Bodary asked DPS Director Kirton if the N. Washington lot could be cleaned with the street
sweeper occasionally.



City Council Meeting Minutes
October 6, 2009                                                                                          19
DPS Director said that the lot is not often empty which makes street sweeping difficult but said he would attempt
to have a crew operate the sweeper in the early morning hours.

NICKELS

Council Member Nickels stated that since Council is going to consider an ordinance regarding the vacation of
Collegewood St. it may want to consider doing the same for Roosevelt.

Assistant City Attorney Barr said he does not feel it is necessary to draft an ordinance for Roosevelt. He said EMU
recently repaved the walkway from Hewitt to Cornell and has asked for the vacations of Collegewood and
Roosevelt as reciprocation.
Mr. Nickels asked if treating one street vacation differently from the other will cause problems in the future.

Mr. Barr answered he does not see any legal reason why an ordinance would be preferable to a resolution and said
he does not think that there would be problems in the future.

Mr. Nickels said he is not sure if the Roosevelt vacation was reciprocated in value by EMU.

Mr. Barr said EMU asked for the vacations of Roosevelt and Collegewood in exchange for repaving the walkway.

City Manager Koryzno confirmed that the deal with EMU was for both vacations in exchange for the repaving of the
walkway.

Mr. Nickels reported that there is a couch located at 905 Washtenaw and asked that Ordinance Enforcement be
made aware of it.

Mr. Murdock said he raised the issue of considering an ordinance to vacate Collegewood because the charter
requires it in the case of property conveyance.

Ms. Richardson said she agrees with Council Member Robb that Council should increase negotiation efforts with
EMU.

SWANSON-WINSTON

Mayor Pro-Tem Swanson-Winston thanked Council, the City Manager, and the City Clerk’s office for the gift of
flowers and condolences sent in the wake of her mother’s passing.

Mrs. Swanson-Winston reported that the AT&T building at the corner of Prospect and Michigan Ave. has screens
blowing off of it and requested Ordinance Enforcement take a look at the building.

Mrs. Swanson-Winston said she received a complaint from a resident that his car was towed from the N. Adams St.
lot without any notice, when work was being done in the lot. She said she would inform the City Manager’s office
about the name of the complainant.

XIX.    COMMUNICATIONS FROM THE MAYOR

        Mayor Schreiber commented that the vacation of Collegewood and Roosevelt was a trade for the repaving
        of the walkway and it would be in bad faith to adjust the deal after the fact.

        Mr. Schreiber reported that he attended a meeting with HUD regarding Parkview Apartments and they will
        offer a reduced sale for Parkview and provide 144 tenant based vouchers. He said this is a big step
        forward. He said it is more difficult to renovate the apartments now because there is not a steady revenue
        stream due to vacancies. He said a discussion will occur soon to enable the building to be renovated and

City Council Meeting Minutes
October 6, 2009                                                                                            20
        he will remind HUD of their statement in 2003 that they would provide affordable vouchers to all residents
        and renovate the grounds.

        Mr. Schreiber noted that the former Cannon’s building on Harriet Street is being renovated.

        Mayor Pro-Tem Swanson-Winston asked who will occupy the former Cannon’s building.

        City Manager Koryzno responded he does not know.

XX.     COMMUNICATIONS FROM THE CITY MANAGER

        City Manager Koryzno stated that the November 3rd meeting has been rescheduled to November 5th due to
        the election, however if there is no business it can be cancelled and the Council can have only one meeting
        in November.

        Mr. Koryzno stated that the in his recent CIL he shared information with Council regarding the Ypsilanti
        Housing Commission pilot payments and said he would like to reach an amicable solution. He stated that
        federal monies cannot be used to pay for rental inspection. He said David Blanchard, Housing Commission
        Attorney has suggested that the 2006 payments be made at 10% of the amount owed. He said he will
        meet with the Housing Commission and come back to Council with a settlement resolution.

        Mr. Koryzno reported that solar panels are being erected on city hall.

        Mr. Koryzno reminded Council of the Strategic Budgeting meeting scheduled for Tuesday, Oct. 13th. He
        reported that a 30 day budget was approved by the House and Senate. He said the budgets drastically
        affect Ypsilanti and he is incorporating the recent changes into the strategic budget discussion. He stated
        that the deficit is about $64,000.00 more than anticipated.

XXI.    AUDIENCE PARTICIPATION

        1. Steve Stedman, 969 Washtenaw, expressed concern with the adopted film ordinance and said that
           companies on a shoestring budget may have a problem with the fees. He said he is an EMU student
           and would hate creativity to be cut off due to fees.

        2. Ken Nelson, 322 Orchard, stated he was ticketed three times for his grass being higher than 6 inches
           tall and the lot across the street has overgrown foliage going into the street and covering the fire
           hydrant. He noted an abundance of speeders on Orchard Street and asked if speed bumps could be
           installed.

XXII. REMARKS FROM THE MAYOR

        Mayor Schreiber asked DPS Director Kirton to respond to the issue of speed bumps.

        DPS Director Kirton said speed bumps are illegal and present a maintenance problem with plowing snow.

        Council Member Richardson said she understands the problem on Orchard Street and said it happens on
        Warden as well. She said she brought this issue up five or six years ago and was told that the residents
        would have to pay for the speed bumps if they wanted them.

        Council Member Robb stated speed bumps are illegal in the state of Michigan and are not allowed on public
        streets.



City Council Meeting Minutes
October 6, 2009                                                                                           21
        In regard to the concern about the grass ordinance, Mayor Schreiber stated it is the intention of the City to
        enforce the ordinance evenly. He asked that the address of concern be provided to the Ordinance
        Enforcement officer for investigation.

XXIII. ADJOURNMENT

            A. Resolution No. 2009-224, 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 9:36 p.m.




City Council Meeting Minutes
October 6, 2009                                                                                            22
                                                                                          REVISED
                                                                                            (10/22/09)
                                              REQUEST FOR LEGISLATION
                                                  October 20, 2009


                    FROM:          Edward B. Koryzno Jr., City Manager

                    SUBJECT:       Ypsilanti Housing Commission PILOT
Background:

City Council adopted resolution 2009-039A during your February 17, 2009 council meeting which
provided that the YHC would submit Payment in Lieu of Taxes (PILOT) payments for 2006 through
2010 in the amount of $67,780 by June 30, 2010.

Since February we have discovered the $67,780 amount was estimated payments and not actual
amounts and the 2010 payment is not due until next year. The actual amount for 2006-2009 period
based upon rents minus utilities and PILOT percentage is $21,103. Additionally it has been noted
that YHC paid $27,808 for prior rental inspections that the Department of Housing and Urban
Development (HUD) does not recognize as an eligible use of federal dollars.

I have met with the YHC Attorney, David Blanchard to resolve this issue. As a sign of cooperation
with the City, he has proposed that the YHC increase their percent of PILOT paid to the City to the
maximum of 10% for all remaining PILOT payments. This would increase the total owed the city
for 2006-2009 period from $21,103 to $37,738. He has also requested deducting the $27,808
inspection fees from the $37,738 PILOT because of the ineligibility of this expense.

After taking these factors into consideration, the result is that the PILOT payment for the three-year
period would equal $9,930. The city would keep approximately 40% of the total and split the rest
with the remaining taxing jurisdictions. Using the original PILOT schedule would result in the city
keeping 40 31.6 % of $21,103. My recommendation is to agree to the increased PILOT percentage
and approve crediting the amount previously paid in rental inspections.

Recommendation: That City Council considers approving the proposal from the Ypsilanti Housing
Commission to increase the percentage of PILOT paid to the maximum of 10% for years beginning
with 2006, accepts $27,808 previously paid by the YHC to the city for rental inspections towards the
amount of PILOT owed and acknowledges the PILOT owed the City is $9,930.

Attachments: Resolution No. 2009-039A


Council Agenda Date:                 Council Agenda Item No.________

City Manager Approval: ____________________________________________________

City Manager Comments:

Finance Director Approval: _________________________________________________
                                                                    Resolution No. 2009-246
                                                                           October 20, 2009




RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI:

Whereas the Ypsilanti City Council Adopted Resolution 2009-039A regarding Payment in
Lieu of Taxes from the Ypsilanti Housing Commission (YHC); and

Whereas the payments contained in the resolution were estimates and not based upon
rents minus utility payments; and

Whereas the YHC had previously paid the City for rental housing inspections from 2003
through 2005 and the Department of Housing and Urban Development does not allow Public
housing Authorities to expend federal funds for inspection fees charged by cities; and

Whereas the YHC desires to cooperate with the City Council and has offered to increase the
percentage of PILOT paid for the years 2006 through 2009 to the maximum allowed, which
is 10% , to offset any reduction in PILOT,

Now therefore be it resolved that the Ypsilanti City Council agrees to the YHC increasing the
PILOT percentage for all future payments beginning in 2006 to 10%, agrees to crediting
inspection fees paid from 2003 through 2005 towards the PILOT owed and acknowledges
the remaining PILOT amount owed by YHC to the City is $9,930 for the period 2006 through
2009.




OFFERED BY:

SUPPORTED BY:

YES:                NO:                 ABSENT:                     VOTE:
            Barr,                                                                           105 Pearl Street
                                                                                        Ypsilanti, MI 48197
             Anhut &                                                                         (734) 481-1234
                                                                                         Fax (734) 483-3871
            Associates, P.C.                                                          www.barrlawfirm.com
                                                                         e-mail: jaslider@barrlawfirm.com
            ATTORNEYS AT LAW

 John M. Barr                                                               Jesse O’Jack ~ Of Counsel
 Karl A. Barr                                                  William F. Anhut ~ Of Counsel – Retired
  ~~~~~~~                                                                             ~ Legal
                                                                       Jane A. Slider e-mail: Assistant
 Shannon M. Bible                             barranhut@voyager.net
                          REQUEST FOR LEGISLATION

                                                                 DATE: October 16, 2009

FROM: Karl A. Barr, Assistant City Attorney

SUBJECT: Changes to the Snow Removal Ordinance

SUMMARY/BACKGROUND

               The City recently made changes to the snow removal ordinance to provide
       for abatement of the nuisance and safety hazard of snow and ice accumulating on
       city sidewalks and not being removed.
               In conjunction with this ordinance we need to establish a fee schedule for
       violation of the ordinance.
               The first resolution amends the civil infraction fines pertaining to snow
       removal, and the second resolution sets administrative fees.




ATTACHMENTS:           A Resolution amending civil infraction fines, and a resolution
                       establishing administrative fees

RECOMMENDED ACTION:              Passage of the resolution


DATE RECEIVED:                            AGENDA ITEM NO.           2009-247 and 2009-248

CITY MANAGER COMMENTS:

FOR AGENDA OF:                       FINANCE DIR. APPROVAL


     S:\Clerk's Office\CITY COUNCIL MEETINGS\2009 City Council Meetings\10-20-09\RFL Snow Removal Fines and
                                                                                                   Fees.doc
        Barr,
         Anhut &                                                            October 16, 2009
        Associates, P.C.                                                              Page 2
        ATTORNEYS AT LAW




COUNCIL ACTION TAKEN:




   S:\Clerk's Office\CITY COUNCIL MEETINGS\2009 City Council Meetings\10-20-09\RFL Snow Removal
                                                                             Fines and Fees.doc
                                                                                City of Ypsilanti
                                                              Building Inspection & Code Enforcement




                          Memorandum
To:             April McGrath, Director of Administrative Services

From:           Frank Daniels, Building Dept. Manager

Date:           October 14, 2009

Subject:        Snow removal procedures


As our second season of the snow removal ordinance approaches, I have created a standard
operating procedure so that there is a clear understanding as to how the abatement and
enforcement procedures will be handled this coming season. Those procedures are as follows:

      1. When a complaint is filed or a property is found to be in violation of the snow
         ordinance, a notice will be hung on the front door of the dwelling. It will note the
         date/time posted and the date in which the property will be re-inspected, (minimum 18
         hours). The notice will be a carbon copy and the original will be retained by staff.
      2. Upon re-inspection, if it is found that the responsible party has not complied with the
         notice, the property will be scheduled for abatement.
      3. When a group of properties have been compiled they will be added to an abatement
         list that is manageable for both the contractor and city staff.
      4. Photographs of the properties in violation will be taken prior to the abatement taking
         place.
      5. Properties that have been completed by the contractor will be re-inspected by staff at
         the end of the same day.
      6. When snow/ice has been satisfactorily removed by the contractor, the responsible
         party will be invoiced for the work that was performed at their property.

Following each snowfall, staff will begin patrolling the city for properties that have not properly
removed snow/ice from public sidewalks. Patrolling of areas will begin based on a map that
outlines areas that are deemed high priority due to a higher volume of pedestrian traffic. A
detailed map of the prioritized areas is attached.

Abatements will take place on predetermined weekdays during city business hours so that staff
can take photographs and be available should any questions or problems arise.

Please let me know if you have further questions.
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                                                                     Resolution No. 2009-247
                                                                            October 20, 2009




A resolution amending the civil infraction fines for violation of the snow removal ordinance.

                RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI that the
following civil infraction fines are adopted pursuant to the specific sections of the Ypsilanti
City Code indicated.

YPSILANTI CITY CODE
SECTION                                                  First        First     Second or
NO.              TYPE OF FEE                        Violation      Repeat     Subsequent
                                                                 Violation         Repeat
                                                                                 Violation
94-136 (b)       Fee for civil infraction ticket
                 for failure to remove snow                50            75              100
                 or ice from sidewalk
94-137                      Snow removal from              15
                           sidewalk adjacent to
                            residential premises
94-137                      Snow removal from              25
                           sidewalk adjacent to
                          commercial premises
94-137           Snow removal from parking                 50
                       lot serving less than 10
                                        dwellings
94-137           Snow removal from parking                100
                     lot serving more than 10
                                        dwellings


OFFERED BY: __________________________________________________

SUPPORTED BY: __________________________________________________

YES:         NO:           ABSENT:             VOTE:
                                                                         Resolution No. 2009-248
                                                                                October 20, 2009




A resolution setting fees.

RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI that the following administrative fees
are adopted relating to the snow removal ordinance sections of the City Code, and the various City
Departments are authorized to charge and collect such fees effective immediately:


YPSILANTI CITY CODE
          SECTION                                                        CURRENT        NEW FEE
DEPT/     NO.                      TYPE OF FEE                               FEE
DIV
Clerk     94-136(a) Administrative Fee assessed if City must                                   $50
                    remove snow or ice from sidewalk




OFFERED BY: _________                                  ___________________

SUPPORTED BY: __                          __________________

YES:                  NO:         ABSENT:              VOTE:
                                                            Resolution No. 2009 - 249
                                                                     October 20, 2009




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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