Center Column Section

Column: More Context for Police Lawsuit

On May 19, 2014, a lawsuit was filed in federal district court against the city of Ann Arbor and three Ann Arbor police detectives who were working to solve an armed robbery that took place about two years earlier – on April 9, 2012. The plaintiff in the federal lawsuit is Joseph Bailey, who was a suspect arrested by the AAPD for the Broadway Party Store robbery.

The Broadway Party Store, on the east side of the Broadway bridges, was robbed in April 2012. The suspect arrested for the crime, but not prosecuted for it, has filed a lawsuit against the three Ann Arbor detectives who worked the case.

The Broadway Party Store, on the east side of the Broadway bridges, was robbed in April 2012. The suspect arrested for the crime, but not prosecuted for it, has filed a lawsuit against the three Ann Arbor detectives who worked the case.

It was a high-profile case, as the security camera’s footage from the robbery was featured on Detroit TV news. The video captured the drama of a man wearing a skeleton mask, pointing a sawed-off shotgun at the store owner.

Bailey was charged with the robbery: After a preliminary examination conducted by judge Christopher Easthope at the 15th District Court, Bailey was bound over to stand trial in the 22nd Circuit Court before judge Melinda Morris.

From the time of his arrest at the end of May 2012, Bailey spent roughly 6 months in jail, before being released in November 2012. He wound up not being prosecuted for the robbery, because the prosecutor’s office concluded that Bailey’s guilt could not be established beyond a reasonable doubt at that time. Bailey did plead guilty to resisting or obstructing a police officer. And for that Morris sentenced him to 6 months in jail. Court records indicate that Bailey was already credited with serving 191 days – more than 6 months.

The federal lawsuit was filed nearly three weeks ago, but apparently still has not been served upon the city or the three detectives. It alleges various violations of Bailey’s basic rights by the detectives who worked the case, and contends that their actions caused him to be falsely imprisoned. [.pdf of complaint]

The Chronicle does not systematically cover crime or the courts. But we do occasionally write about those topics when they intersect with our other regular coverage of governmental units.

In this instance, the first point of intersection came in the course of looking up information on Bob Dascola’s election lawsuit. The ruling on Dascola’s case was filed in the federal court’s PACER (Public Access to Court Electronic Records) system on May 20, 2014. We don’t always look up cases on PACER in a way that is most efficient as measured by the number of steps – which would be to note the case number and enter that information into the search form. If you instead search by cases in which Ann Arbor is a defendant, you have a chance to notice cases other than the one you’re looking up. So it was that we noticed Bailey had filed a case in federal court against the city on May 19.

The second point of intersection is that we’d reported the public commentary of the robbery victim at the city council’s May 21, 2012 meeting. And we’d also reported the city administrator’s public congratulation of the police department at the council’s subsequent meeting, on June 4, 2012 meeting – for making an arrest in the Broadway Party Store robbery.

Finally, given that Bailey’s lawsuit has been filed as a public document in the federal court system, we think it would serve the public interest to add context to some of the allegations included in the complaint.

The context added below is also drawn from public documents – court records (obtained through a standard in-person request) and police records (obtained through a Freedom of Information Act request). First, we present a summary of some issues that the two sides could dispute – if the case is litigated. After that a timeline of events is provided. [Full Story]

Column: Paying The Price at Michigan

John U. Bacon

John U. Bacon

Last week, the Michigan athletic department admitted what many had long suspected: student football ticket sales are down, way down, from about 21,000 in 2012 to a projected 13,000-14,000 this fall.

The department has blamed cell phones, high-definition TV, and a sweeping national trend – but those don’t tell the whole story.

How’d Michigan lose so many students so fast? Answer: a lot of hard work.

Athletic director Dave Brandon has often cited the difficulty of using cell phones at Michigan Stadium as “the biggest challenge we have.” But when Michigan students were asked in a recent survey to rank seven factors for buying season tickets, they ranked cell phones seventh – dead last.

What did they rank first? Being able to sit with their friends.

But Brandon did away with that last year, with his new General Admission seating policy. Instead of seating the students by class – with the freshmen in the end zone and the seniors toward the fifty, as they had done for decades – last year it was first come, first served. (They also raised the price to $295, up from $195 the year before, when Michigan played six home games instead of seven.) The idea was to encourage students to come early, and come often. Thousands of students responded by not coming at all.

This was utterly predictable – and I predicted it, 13 months ago, in this column. [Full Story]

DDA Acts on Sidewalk, Housing Study

Ann Arbor Downtown Development Authority board meeting (June 4, 2014): At its final meeting of the fiscal year, the board acted on two items with implications for this year’s budget.

Mary Jo Callan, head of Washtenaw County's office of community and economic development, explained to the DDA board what the affordable housing  needs assessment would entail. The board voted to approve $37,500 for the study. (Photos by the writer.)

Mary Jo Callan, director of Washtenaw County’s office of community and economic development, explained to the DDA board what the affordable housing needs assessment would entail. The board voted to approve $37,500 for the study. (Photos by the writer.)

One was a $37,500 grant from the DDA’s housing fund to help pay for an affordable housing needs assessment to be conducted by Washtenaw County’s office of community and economic development. The other was a routine end-of-year budget adjustment that included the $37,000 grant as well as $500,000 of previous allocations made to the Ann Arbor Housing Commission, and a $1.6 million payment for the First & Washington parking garage that was made out of this year’s budget instead of the previous year’s budget.

In other voting business, the board approved up to $125,000 for the redesign and reconstruction of the public sidewalk in front of the Ann Arbor District Library’s downtown location on Fifth Avenue. That money will come from next year’s (FY 2015) budget, starting July 1. The project will eliminate the step up immediately adjacent from the curb, which was installed as a result of the streetscape changes the DDA undertook during construction of the Library Lane underground parking garage in 2012. The sidewalk project will be incorporated into an AADL project that will substantially renovate the front entrance to the building.

The final item of voting business considered by the board was adoption of a policy for DDA grants to private developments. The policy establishes criteria for eligibility – which include public benefit to property outside the development. The policy also covers limits on the amount of funding, which is a portion of the additional TIF revenue generated by a project.

A resolution that had been postponed at the board’s May 7, 2014 meeting until the June 4 meeting did not receive any board action – a request to pay about $100,000 for the conversion of streetlights in the DDA district to LED technology. The board did not vote on the item. It did not appear on the board’s agenda as a resolution, but only as an update. That update consisted of remarks from executive director of the DDA Susan Pollay. She informed board members that as a result of conversations she’d had with city staff, they should consider the item tabled, but that the request might be brought back in the future.

The board also received its usual range of updates and reports from committees. [Full Story]

June 2, 2014: Council Live Updates

Editor’s note: This “Live Updates” coverage of the Ann Arbor city council’s June 2, 2014 meeting includes all the material from an earlier preview article published last week. The intent is to facilitate easier navigation from the live updates section to background material already in this file.

The council’s first meeting after adopting the budget for fiscal year 2015 – which was approved on May 19, 2014 – features a housekeeping adjustment for the current year’s budget, so that expenditures don’t exceed allocations.

The sign on the door to the Ann Arbor city council chamber, installed in the summer of 2013, includes Braille.

The sign on the door to the Ann Arbor city council chamber includes Braille.

But the June 2 meeting agenda is dominated by items related to the physical attributes and layout of the city. Several items deal with city-owned physical assets, while several more involve land use and planning.

Possibly one of the more controversial agenda items related to physical infrastructure – and future development in the city – is a contract extension with CDM Smith Inc. for work related to the city’s footing drain disconnection (FDD) program. While the city council suspended the program in certain areas of the city in 2012, it continued in other areas, backed by the city’s ordinance under which the city can require residents to disconnect their footing drains from the sanitary sewer system.

Also not suspended was the city’s developer offset mitigation program, which requires developers to offset the increased flow from new construction into the sanitary sewer system. The vote on the CDM Smith Inc. contract extension was postponed from the council’s May 5 meeting. The dollar amount of the contract extension has been substantially reduced in the meantime – from about $750,000 to $143,000.

Part of the backdrop of the CDM Smith contract extension is a lawsuit that’s been filed against the city, challenging the legal foundation of the footing drain disconnect ordinance. The city sought to remove the case from state court to the federal system, but at a hearing on the matter this week, a federal judge indicated he’d be remanding the case back to the Washtenaw County 22nd circuit court.

City assets on the June 2 agenda include trees – as the council will be asked to approve the city’s urban and community forest management plan. The council will also consider a resolution on the city’s possibly most recognizable asset – the city hall building. The resolution would remove a $4 million renovation of city hall (a “reskinning”) from the city’s capital improvements plan for 2017 and 2018. This resolution was postponed from the council’s May 19 meeting.

Another city-owned asset on the agenda is the Library Lane underground parking garage. The council has already directed the city administrator to engage a real estate broker to test the market for the development rights for the surface of the garage. The resolution on the June 2 agenda, which was postponed at the council’s April 7 meeting, would set a policy to deposit 50% of the net proceeds from the sale of the development rights into the city’s affordable housing trust fund.

Land use and planning items on the June 2 agenda include a roughly $300,000 contract for study of the State Street transportation corridor. Related to transportation infrastructure, the council will also be asked to approve resolutions that move along the process of special assessing property owners on Stone School Road for the cost of installing a sidewalk on the west side of the road in connection with a road reconstruction project.

Also related to land use, three Ann Arbor housing commission properties will be given initial consideration for rezoning. A site plan and associated rezoning for the Delta Gamma house will be given final consideration. Also up for final consideration is a revision to the ordinance regulating drive-thrus. Councilmembers will also consider the site plan for a new Ruth’s Chris restaurant to be located downtown on South Fourth Avenue.

A rate increase for Ann Arbor water, sewer and stormwater rates is on the June 2 agenda for final approval.

Two items connected to parks and recreation appear on the agenda. One is approval of the receipt of funding for a program that helps Bridge cardholders purchase local produce at the farmers market. The second item is approval of a five-year agreement with the Community Action Network to continue operating the city’s Northside and Bryant community centers.

The council will also be considering a resolution in support of the local development finance authority’s application to the Michigan Economic Development Corp. for a possible 15-year extension of the arrangement under which the LDFA captures taxes. The captured taxes are used to fund a business accelerator that’s operated by Ann Arbor SPARK through a contract with the LDFA. Without an extension, the LDFA would end in 2018.

This article includes a more detailed preview of many of these agenda items. More details on other agenda items are available on the city’s online Legistar system. The meeting proceedings can be followed Monday evening live on Channel 16, streamed online by Community Television Network starting at 7 p.m.

The Chronicle will be filing live updates from city council chambers during the meeting, published in this article below the preview material. Click here to skip the preview section and go directly to the live updates. The meeting is scheduled to start at 7 p.m. at city hall, 301 E. Huron. [Full Story]

County Continues to Explore Road Funding

Washtenaw County board of commissioners meeting (May 21, 2014): The county board rejected a proposal to levy a 0.4-mill countywide road tax in December, but agreed to continue discussing funding options for road repair.

Barbara Bergman, Felicia Brabec, Yousef Rabhi, Washtenaw County board of commissioners, The Ann Arbor Chronicle

Former county commissioner Barbara Bergman, left, talks with Felicia Brabec (D-District 4) and Yousef Rabhi (D-District 8) before the board’s May 21, 2014 meeting. Bergman spoke during public commentary to oppose a possible road tax. (Photos by the writer.)

The vote on levying a millage was 2-6, with support only from Dan Smith (R-District 2) and Conan Smith (D-District 9). Alicia Ping (R-District 3) was absent. The tax would have been levied under Act 283 of 1909, which does not require voter approval.

Several commissioners spoke against levying this kind of tax at this time. Andy LaBarre (D-District 7) advocated for waiting to see whether the state provides more funding for roads. Ronnie Peterson (D-District 6) reported that the boards of Willow Run and Ypsilanti public schools are considering levying tax increases this summer of 2.8 mills and 1.2 mills, respectively. The state passed legislation that enables school districts to levy millages for debt retirement without voter approval. Noting that a new public transit millage had been approved by voters earlier this month – in Ypsilanti, Ypsilanti Township and Ann Arbor – Peterson said the communities that he represents would be hard-pressed to handle yet another tax increase.

Dan Smith argued that there are few funding options available to the county to pay for road repair, and that the need for additional revenues is critical because the roads are in such bad shape. He said he was well aware of the reasons why this was a bad plan – even a terrible one – but added that the only thing worse would be to do nothing. Conan Smith pointed out that because all of the board seats are up for election this year, residents will have a way to weigh in on this decision, albeit indirectly. “This is the most defensible moment that we have” to levy a tax that doesn’t require voter approval, he said.

The May 21 meeting also included a public hearing on the possible levy. And the board heard from people on the topic during general public commentary. In total, seven people spoke about the road funding issue. Former county commissioner Barbara Bergman, who is an Ann Arbor resident, argued against levying the tax, while former state Rep. Rick Olson of York Township urged commissioners to levy the full 1-mill amount allowed under Act 283. Another resident argued against any tax that isn’t approved by voters, calling it taxation without representation.

After the tax levy resolution was rejected, Yousef Rabhi (D-District 8) brought forward a resolution to create a seven-member road funding committee that would explore options – including Act 283, as well as other possible revenue sources like bonding or a voter-approved tax. The initial vote to form the committee passed on a 6-2 split, over dissent from Conan Smith and Dan Smith. A final vote is expected on June 4. If approved, members would be appointed at a later date, with the direction to provide a road funding plan to the board in the fall.

Commissioners also weighed in to oppose oil exploration and drilling in the county, prompted by a company’s permit application to the state to drill in Scio Township. The vote was 7-1, over dissent from Dan Smith. Two residents spoke during public commentary,urging the board to oppose oil drilling.

During deliberations, Dan Smith argued that the issue was outside of the county’s purview, because the county can’t regulate oil drilling. He noted that the easiest way to prevent oil drilling is for property owners not to sign leases with companies that seek to drill on their land. Other commissioners supported the resolution, citing environmental and public health concerns, including the proposed drilling location’s proximity to the Huron River.

In other action on May 21, commissioners took initial steps to: (1) put a 10-year countywide parks and recreation operations tax renewal on the Nov. 4 ballot, at 0.2353 mills; (2) create a board of health that would give advice on public health issues; and (3) approve an application for a $940,000 federal grant that the county would make on behalf of Ann Arbor SPARK, the local economic development agency. Funds would be used to help redevelop the former General Motors Willow Run Powertrain plant in Ypsilanti Township for use as a connected vehicle testing facility.

Given final approval on May 21 was this year’s allocation to local nonprofits through the coordinated funding process, in which the county participates.

The board also approved a process that will determine how the $3.9 million budget surplus from 2013 will be allocated. Conan Smith said he felt “personally let down” by the approach, because the county administrator has already recommended to keep that amount in the general fund’s unearmarked reserves. He thought it was “turning out to be little more than a rubber stamp of a decision that’s already been proposed by the administration.” Felicia Brabec (D-District 4), who’s leading this process, stressed that commissioners will be discussing and making the final decision – which might differ from the administration’s recommendation. [Full Story]

Hotel Project Moves Ahead, Condos Delayed

Ann Arbor planning commission meeting (May 20, 2014): Development of a new extended-stay hotel on West Huron and North Ashley received a unanimous recommendation of approval from planning commissioners, following a lengthy discussion and concerns voiced by some residents and business owners at the adjacent One North Main building.

Mike Martin, First Martin Corp., Ann Arbor planning commission, The Ann Arbor Chronicle

Mike Martin of First Martin Corp. answered questions from planning commissioners at their May 20, 2014 meeting. (Photos by the writer.)

Issues included blocked views, noise from rooftop mechanicals, and problems with egress from One North Main’s underground parking. But even people who raised these concerns applauded the project, saying a hotel there would help bring vitality to that part of town. The site on the northeast corner, owned by First Martin Corp., now includes a building that houses the Ann Arbor Convention & Visitors Bureau and the bus depot for Greyhound, which will be relocating next month to the city’s Fourth & William parking structure.

First Martin’s proposal includes a six-floor, 88,570-square-foot building with a ground-floor restaurant or retail space facing Huron and an extended-stay hotel on the upper five levels, with an entrance off of Ashley. The hotel will be operated by Marriott. The bus depot facade – including an iconic art moderne sign – will remain in place.

The project will be forwarded to the city council for consideration.

Also heading to the council with a recommendation of approval is an expansion of the Bank of Ann Arbor’s downtown building at the northeast corner South Fifth and East Washington. The plan involves reorienting the main entrance – moving it from the center of the bank’s South Fifth Avenue side to the corner of Fifth and Washington. A 9,179-square-foot third-floor addition would be constructed over the rear of the building’s east side.

The bank has an existing drive-thru teller window on its north side, which will not be altered. The site’s D1 zoning requires a special exception use for drive-thrus, which the planning commission granted in a separate vote. Because the project is going through a site plan approval process, the requirement for a special exception use was triggered. Special exception uses do not require additional city council approval.

Commissioners amended the special exception use to limit the drive-thru to a financial institution, so that it can’t be used in the future for other businesses – like a pharmacy or fast food restaurant. That amendment, put forward by Sabra Briere, was approved on a 6-2 vote, over dissent from Wendy Woods and Eleanore Adenekan. Briere also proposed an amendment that would restrict the hours that the drive-thru could be open. The concern was that vehicles pulling out from the drive-thru onto Fifth Avenue could cause a threat to pedestrians and bicyclists in the evening. But after discussion – including some comments from Hans Maier, a senior executive for the bank – Briere withdrew that amendment.

Two other special exception use requests were granted during the May 20 meeting – from companies selling seasonal Class C fireworks for the July 4 holiday. Phantom Fireworks will be putting up a tent in the parking lot of the Maple Village Shopping Center, across from Veterans Memorial Park. In previous years the business operated in the parking lot of Colonial Lanes on South Industrial. Patriot Fireworks will be selling fireworks in the parking lot of the Twin Valley shopping center at 2750 Jackson Ave., west of the I-94 overpass. Both special exception uses were amended to limit the sales to fireworks only – not other seasonal items – and to put specific limits on the days of operation.

One item was postponed by commissioners on May 20 – a site plan for Mark Condominiums on West Liberty, brought forward by developer Alex de Parry. The postponement was based on a recommendation from the planning staff, to allow time for a public water system issue to be addressed. City staff determined that the six-inch water main along Liberty needs to be replaced with a 12-inch main. De Parry told commissioners that the development team had just recently been informed about this issue, and they are now analyzing the budget impact and alternatives they might pursue. [Full Story]

June 2, 2014: City Council Meeting Preview

The council’s first meeting after adopting the budget for fiscal year 2015 – which was approved on May 19, 2014 – features a housekeeping adjustment for the current year’s budget, so that expenditures don’t exceed allocations.

Screenshot of Legistar – the city of Ann Arbor online agenda management system. Image links to the next meeting agenda.

Screenshot of Legistar – the city of Ann Arbor’s online agenda management system. Image links to the June 2, 2014 meeting agenda.

But the June 2 meeting agenda is dominated by items related to the physical attributes and layout of the city. Several items deal with city-owned physical assets, while several more involve land use and planning.

Possibly one of the more controversial agenda items related to physical infrastructure – and future development in the city – is a contract extension with CDM Smith Inc. for work related to the city’s footing drain disconnection (FDD) program. While the city council suspended the program in certain areas of the city in 2012, it continued in other areas, backed by the city’s ordinance under which the city can require residents to disconnect their footing drains from the sanitary sewer system.

Also not suspended was the city’s developer offset mitigation program, which requires developers to offset the increased flow from new construction into the sanitary sewer system. The vote on the CDM Smith Inc. contract extension was postponed from the council’s May 5 meeting. The dollar amount of the contract extension has been substantially reduced in the meantime – from about $750,000 to $143,000.

Part of the backdrop of the CDM Smith contract extension is a lawsuit that’s been filed against the city, challenging the legal foundation of the footing drain disconnect ordinance. The city sought to remove the case from state court to the federal system, but at a hearing on the matter this week, a federal judge indicated he’d be remanding the case back to the Washtenaw County 22nd circuit court.

City assets on the June 2 agenda include trees – as the council will be asked to approve the city’s urban and community forest management plan. The council will also consider a resolution on the city’s possibly most recognizable asset – the city hall building. The resolution would remove a $4 million renovation of city hall (a “reskinning”) from the city’s capital improvements plan for 2017 and 2018. This resolution was postponed from the council’s May 19 meeting.

Another city-owned asset on the agenda is the Library Lane underground parking garage. The council has already directed the city administrator to engage a real estate broker to test the market for the development rights for the surface of the garage. The resolution on the June 2 agenda, which was postponed at the council’s April 7 meeting, would set a policy to deposit 50% of the net proceeds from the sale of the development rights into the city’s affordable housing trust fund.

Land use and planning items on the June 2 agenda include a roughly $300,000 contract for study of the State Street transportation corridor. Related to transportation infrastructure, the council will also be asked to approve resolutions that move along the process of special assessing property owners on Stone School Road for the cost of installing a sidewalk on the west side of the road in connection with a road reconstruction project.

Also related to land use, three Ann Arbor housing commission properties will be given initial consideration for rezoning. A site plan and associated rezoning for the Delta Gamma house will be given final consideration. Also up for final consideration is a revision to the ordinance regulating drive-thrus. And the site plan for a new Ruth’s Chris restaurant to be located downtown on South Fourth Avenue will be given consideration.

A rate increase for Ann Arbor water, sewer and stormwater rates is on the June 2 agenda for final approval.

Two items connected to parks and recreation appear on the agenda. One is approval of the receipt of funding for a program that helps Bridge cardholders purchase local produce at the farmers market. The second item is approval of a five-year agreement with the Community Action Network to continue operating the city’s Northside and Bryant community centers.

The council will also be considering a resolution in support of the local development finance authority’s application to the Michigan Economic Development Corp. for a possible 15-year extension of the arrangement under which the LDFA captures taxes. The captured taxes are used to fund a business accelerator that’s operated by Ann Arbor SPARK through a contract with the LDFA. Without an extension, the LDFA would end in 2018.

This article includes a more detailed preview of many of these agenda items. More details on other agenda items are available on the city’s online Legistar system. The meeting proceedings can be followed Monday evening live on Channel 16, streamed online by Community Television Network starting at 7 p.m. [Full Story]

Footing Drain Lawsuit Back to State Court

A lawsuit filed against the city of Ann Arbor over its footing drain disconnection ordinance will be remanded from federal court back to Michigan’s state court system – over the objection of the city of Ann Arbor. The indication came at an 11-minute hearing on Wednesday May 28, 2014 before federal district judge Avern Cohn at the Theodore Levin U.S. Courthouse in downtown Detroit.

Theodore Levin U.S. Courthouse in downtown Detroit.

Theodore Levin U.S. Courthouse in downtown Detroit.

The lawsuit had originally been filed against the city three months ago, on Feb. 27, in Washtenaw County’s 22nd circuit court. There it had been assigned to judge Donald Shelton. On March 17, about two weeks after it was filed, the city removed the case from the state court to the federal court.

But the plaintiffs in the case – Ann Arbor residents who had their footing drains disconnected from the sanitary sewer system under the city’s ordinance – filed a motion for remand back to the 22nd circuit court. At the Wednesday hearing, Cohn indicated that he’d be granting the motion for remand.

By way of background, the ordinance that’s being challenged was enacted in 2001. It establishes a program under which property owners can be required to disconnect their footing drains from the city’s sanitary sewer system. Its intent is to diminish the risk of sanitary overflows into the Huron River and of sanitary sewage backups in homeowners’ basements.

The lawsuit – Yu v. City of Ann Arbor – claims the city’s FDD ordinance violates: (1) the Michigan state law setting forth requirements for a government to take private property for public use; (2) the Michigan state constitutional prohibition against taking private property for public use without just compensation; (3) the corresponding U.S. constitutional prohibition against taking private property, which is a Fifth Amendment claim; and (4) the prohibition against violating the federally protected rights of others, which is a claim under 42 U.S. Code Section 1983.

In broad strokes, Cohn summarized all of the plaintiffs’ claims against the city as reducible to claims about inverse condemnation – taking of private property without just compensation. The plaintiffs contend that the city’s ordinance requiring disconnection of footing drains from the sanitary sewer system – and its associated installation of a sump with a pump – is a physical occupation of a homeowner’s property with equipment not belonging to the homeowner.

Inverse condemnation is a kind of claim for which remedies in the state courts must first be exhausted, before moving to federal court. And although the complaint cites federal law in its causes of action, Cohn was not willing to sever the state claims from the federal claims or to stay the federal claims in the complaint.

Because all the claims were about inverse condemnation, Cohn said, “All I know is that I don’t have subject matter jurisdiction until there’s an exhaustion of remedies under state law. I’m going to have to remand it – I can’t keep it. The only way they can exhaust their remedies is in Washtenaw County circuit court.”

Cohn made his position so clear in his initial remarks that the plaintiffs’ counsel – Dan O’Brien of Woods Oviatt Gilman in Rochester, New York – was initially content not to offer oral argument: “I’ll rely on my papers, your honor.”

So assistant city attorney Abigail Elias, who represented the city at the May 28 hearing, was arguing before a judge who’d essentially already indicated how he would rule. She still made a bid to convince Cohn at least to dismiss the federal claims without prejudice, if he was going to remand the state claims back to the circuit court. She opened her remarks by saying, “I understand generally it’s an uphill battle…” but Cohn interrupted, “Not generally. Specifically.”

In the course of the short hearing, Cohn was not generous in his assessment of the city’s legal briefs that had been filed, calling them “jurisprudential legerdemain.”

For previous Chronicle coverage, see “Lawsuit Filed on City Footing Drain Program” and “Backups: Lawyers, Sewers, Pumps.”

The hearing is reported below in more detail. [Full Story]

Task Force: Millage, Endowment for Housing

An ambitious plan to help the homeless – by creating 500 or more units of housing with support services, paid for through a millage and endowment fund – was presented to Washtenaw County commissioners at their May 22 working session.

Bob Guenzel, Mary Jo Callan, Norm Herbert, Washtenaw County, The Ann Arbor Chronicle

Former Washtenaw County administrator Bob Guenzel and Mary Jo Callan, director of the county’s office community & economic development, talk with former University of Michigan treasurer Norm Herbert before the start of the May 22, 2014 county board working session. Guenzel and Herbert are members of a task force on supportive housing. (Photos by the writer.)

The leadership team of the Task Force on Sustainable Revenues for Supportive Housing Services briefed commissioners on their recommendations, including the goal of building a $50 million endowment over 20 years. Payouts from the endowment would fund supportive services – such as treatment for mental illness and substance abuse – with the intent of addressing the root causes of homelessness. The concept is called permanent supportive housing, and is part of the community’s broader Blueprint to End Homelessness, which was created in 2004 and is being updated.

A possible millage – recommended at 0.25 mills, for no more than 20 years – would help fund supportive services while the endowment is built. County commissioners are being asked to consider putting such a millage on the ballot, possibly in 2015.

Former county administrator Bob Guenzel, a task force member, told commissioners that the task force believes this approach “is absolutely the right thing to do, to end homelessness and keep people housed. We feel very strongly about that. It’s a moral issue.” There’s also a strong business case for this approach when looking at the cost of emergency services and the criminal justice system, compared to the cost of permanent supportive housing, he said.

Several steps have already been taken to achieve these goals. An endowment was established in 2011, with $2.1 million in commitments so far. That amount includes a $1 million gift from the St. Joseph Mercy Health System to create the endowment, which is called the Sister Yvonne Gellise Fund for Supportive Services for Housing. Gellise is the former CEO of St. Joe’s. She’s on the task force and is a founding board member of the Washtenaw Housing Alliance. Another $1 million commitment comes from the Ann Arbor Area Community Foundation (AAACF), where the endowment is housed. AAACF Cheryl Elliott is another task force member. In addition, an anonymous donor has contributed $100,000.

The first fund distribution – of $26,100 – will be made this fall in a competitive grant process. AAACF’s distribution committee – an all-volunteer group – will be responsible for making grant recommendations.

AAACF is also helping provide a three-year, part-time development job to support fundraising for this endowment. Funding for the position will come from the Washtenaw Housing Alliance ($25,000), the AAACF ($5,000) and an anonymous donor ($10,000).

The foundation will post this position in early June, Elliott reported, with the intent of making a hire as soon as possible. The position would be in place until at least mid-2017. The employee will report to AAACF’s vice president for development and donor services, and to the Sister Yvonne Gellise Fund development committee. Members of that committee are the same people who’ve served on the leadership team of the task force, Elliott said. In addition to herself, members are Bob Chapman, Sister Yvonne Gellise, Bob Guenzel, Norm Herbert and Dave Lutton. They hope to get an additional two or three members, she said.

The next steps in this process include a request to the county board to sunset the task force at the June 4 board meeting. The board will also be asked to consider the task force’s recommendation for a millage. “Please use this year and into 2015 to set a millage strategy,” Elliott said.

The task force also stressed the importance of a public outreach and education effort, to help build awareness and support for the endowment.

The task force presentation was attended by five of the county’s nine commissioners. During their discussion, Conan Smith (D-District 9) expressed interest in having the county bond for this initiative – either for the full $50 million, or some portion of that amount. The county now has a triple-A bond rating, Smith noted. [That news had been announced earlier in the day. In general, higher ratings allow organizations to secure better terms for borrowing funds.] “This gives us an opportunity… to actually have some real impact in the community,” Smith said.

Task force members indicated that they hadn’t considered the option of bonding, and Elliott had some concerns about whether it would be legal to use taxpayer dollars for an endowment. They plan to explore the possibility, including consultation with legal counsel. [Full Story]

Memorial Day: A Different List This Year

The 2014 edition of the annual Glacier Highlands Neighborhood Association Memorial Day parade resembled the parades of previous years in almost every way.

Capt. Brian Cech read aloud a list of Michigan servicemen and servicewomen who died this past year – even if not in combat.

Capt. Brian Cech read aloud a list of Michigan servicemen and servicewomen who died this past year in non-combat incidents.

The parade itself – which winds through a northeastern Ann Arbor neighborhood – featured a squad car from the Ann Arbor police department, a fire truck, a bagpiper, several candidates for local political office, the drum line from Huron High School marching band, and a herd of neighborhood kids bringing up the rear on their decorated bicycles.

The parade ended as it does every year at Glacier Highlands Park – where free donuts, and for-sale hotdogs are on offer. But the focus immediately after the parade is always on the memorial service: “Lay off the donuts until after the ceremony!” came an admonishment over the PA system this year.

The memorial service is not complicated. The colors are presented, a bagpiper pipes Amazing Grace, a trumpeter blows Taps, and the names of Michigan servicemen and servicewomen who were killed in action over the last year are read aloud.

The ceremony was officiated by Capt. Brian Cech – commander of the 1776 Military Police Company out of Taylor, Mich. What was different this year was the lack of the customary list: No Michiganders were this year among those who fell in combat.

But Cech still read aloud a list of names – those Michigan citizens in uniform, who died of illness, accidents, or suicide in the past year. “As we have learned over time,” Cech said, “the toll of the war zone does not stop after our warriors have returned home.” [Full Story]

Taxicab Board Considers Rates, Drivers

Ann Arbor taxicab board meeting (May 22, 2014): Two topics addressed by the board at its April 23, 2014 meeting received additional conversation this month. First, the board discussed the possibility of deregulating taxicab fares, or setting them at a much higher maximum. The board also continued discussing whether to recommend that the city council enact an ordinance to regulate all drivers for hire – taxicab drivers, limo drivers, as well as those who drive for Uber and Lyft.

Screen of iPhone showing Uber vehicle responding to request for a pickup on May 24. The resulting trip – from Jackson & Maple to Liberty & Main was calculated by Uber as $8. With the current introductory promotion it cost nothing.

Screen of iPhone showing Uber vehicle responding to request for a pickup on May 24. The resulting trip – from Jackson & Maple to Liberty & Main – was calculated by Uber as costing $8.

Both topics will also be considered at the board’s next meeting on June 26.

Consideration of a general driver-for-hire ordinance comes in reaction to the recent entry of Uber and Lyft into the Ann Arbor market. However, taxicab board chair Michael Benson stressed during the meeting that the point of the possible new ordinance was not to “target” Uber and Lyft, but rather to ensure that all drivers for hire are registered with the city. Those two companies, which coordinate drivers and passengers through software applications, have been sent cease-and-desist letters by the Ann Arbor city attorney’s office – for aiding and abetting the violation of a state statute regulating limousines. [.pdf of cease-and-desist sent to Lyft] [.pdf of cease-and-desist sent to Uber]

But the board heard from a University of Michigan student during public commentary time, who reported that the cease-and-desist letters, dated May 14, 2014, were having no impact – as he’d used one of the services three times the previous evening. In the course of his remarks, the UM business undergrad outlined several advantages of Uber and Lyft, including price, convenience and efficiency.

The board had voted at its April 23 meeting to ask the city attorney’s office to draft general driver-for-hire ordinance language for consideration at its May 22 meeting, but that draft was not yet available.

So at its next meeting on June 26, the board is expecting two possible proposals to be ready for consideration: (1) a new rate structure proposal; and (2) a draft ordinance on regulating all drivers for hire. The taxicab board could forward a recommendation to the city council to enact either proposal. A decision on enactment rests with the city council.

Discussion of the driver-for-hire issue at the May 22 meeting included themes familiar from the board’s April 23 conversation, mostly centering on the desire of board members to ensure public safety for patrons of businesses that operate on the public right-of-way. They want to ensure that drivers who are being compensated for their work are registered with the city, that their vehicles are inspected, and that they are adequately insured.

The rate changes to be considered by the board on June 26 come in the context of board interest in seeing the taxicab industry able to compete with limousine services, as well as with services with business models like those of Uber and Lyft. Currently the maximum rate in Ann Arbor is $3 to get in, $2.50 per mile, and 40 cents per minute waiting time.

Those maximum rates were last adjusted upwards three years ago, on May 16, 2011, in response to gas prices that had nudged past $4 per gallon. At that time, the taxicab board indicated it did not anticipate considering another rate change until the gas prices were over $5 for at least two consecutive months.

So the board’s thinking is not being driven by gas prices, which are currently between $3.75 and $4 in the Ann Arbor area. Instead, a possible increase in allowable fares is based on concern that the taxicab industry in Ann Arbor might not be able to survive unless taxis are allowed to charge more. Taxicab board member Robert Goeddel supported setting a significantly higher maximum, saying that if the taxicab industry does not survive, he does not want it to be because the basic costs of doing business can’t be covered.

City CFO Tom Crawford, who sits on the taxicab board as an ex officio member, noted that it’s a challenge to consider changes in rate structures at the same time as new entrants have come into the market – who have a lower cost structure than the taxicab industry. He expressed some concern that the result could be a “race to the bottom” for pricing that could work to destroy the taxicab industry.

In other business, the board elected its officers for the next year – an annual task. Benson and Stephen Kunselman were re-elected as chair and vice chair of the board.   [Full Story]

Library Board Acts on Budget, Infrastructure

Ann Arbor District Library board meeting (May 19, 2014): Trustees approved the library’s 2014-15 budget with no increase in the tax rate, following a pattern they’ve established over the past several years.

Ed Surovell, Margaret Leary, Ann Arbor District Library, The Ann Arbor Chronicle

Ann Arbor District Library trustees Ed Surovell and Margaret Leary at the board’s May 19, 2014 meeting. (Photos by the writer.)

The rate of 1.55 mills is also lower than the 1.92 mills that the library is authorized to levy. The $12.568 million budget assumes a 2.4% increase in tax revenues, based on an increase in property values. No one spoke during a public hearing on the budget that was held during the May 19 meeting.

The budget includes a 3% raise for AADL director Josie Parker, increasing her current salary of $143,114. As part of an annual director’s evaluation, board president Prue Rosenthal read aloud a letter from the board that praised Parker for her work and accomplishments.

Related to infrastructure, trustees authorized Parker to negotiate with Ann Arbor-based O’Neal Construction Inc. for work related to the downtown library entrance. O’Neal would be contracted to provide construction management services for the entrance’s renovation. This is the next step in a process that began several months ago, with construction to begin this summer.

The board also got an update from Parker about the public elevator for the downtown library, which is out of service. It’s expected to cost about $100,000 to repair and will take several months to fix. That work will also take place this summer, and requires closing the lower level of the building, where many public events are held.

The May 19 meeting included approval of contracts for janitorial services and HVAC maintenance, for three-year periods. Also approved was the renewal of a space-use agreement with the nonprofit Friends of the Ann Arbor District Library. FAADL operates a bookstore at the downtown library, with proceeds given to AADL.

The board also got a monthly update on library statistics, “top Tweets” and a viewing of a new video to promote AADL’s summer game, which starts on Friday, June 13, and runs through Sunday, Aug. 31. The video was produced by AADL staff and 7 Cylinders Studio. [Full Story]

Column: Michael Sam’s Saga

John U. Bacon

John U. Bacon

Last February, University of Missouri defensive end Michael Sam publicly declared he was gay – a first for a likely NFL draft pick. Last week, the St. Louis Rams drafted him in the last round – another first. But I believe the trickiest terrain is still ahead.

When Michael Sam told his University of Missouri teammates he was gay before last season, no one seemed to care very much. No one tweeted the news to the public, and Sam had a great season. It’s a safe bet that NFL teams – who know what kind of gum their prospects chew – already knew he was gay, too. But when Sam came out publicly, it changed the equation.

The NFL has already had gay players, so that isn’t new. But publicly declaring you’re gay is new – and so is the onslaught of media attention.

After Sam came out, he dropped from a projected fourth- or fifth-round draft pick to the seventh and final round. There’s no way to prove this, of course, but it’s hard to believe part of the reason wasn’t homophobia – though that term isn’t accurate. As the saying goes – often attributed to Morgan Freeman – “It’s not a phobia. You are not scared. You are an asshole.” [Full Story]

Column: Time to Fix Eligibility Rules

A decision handed down by federal district judge Lawrence Zatkoff on May 20 had an immediate impact on Ann Arbor city elections: Bob Dascola’s name will now appear on the Ward 3 city council Democratic primary ballot, alongside those of Julie Grand and Samuel McMullen.

What, if any, durational requirements should there be on elected officials? It's time for the city council to take a step towards establishing legally enforceable eligibility requirements for elected officials.

What, if any, durational requirements should there be on elected officials? It’s time for the city council to take a step towards establishing legally enforceable eligibility requirements for elected officials.

Even though the immediate issue appears to be resolved, a longer-term question is still open. That’s because the result of the federal court ruling is that the city of Ann Arbor has no legally enforceable eligibility requirements for service as mayor or city councilmember.

Anyone at all is now eligible to serve – even youngsters under 18 years old, who would not even be allowed to vote for themselves in the election – just as long as they submit the minimum number of signatures on nominating petitions.

So it’s time for the council to put a charter amendment on a future ballot that would establish some sort of eligibility requirements for elected officials. The council has a choice about what kind of requirements to put on that ballot for voters to decide.

In broad strokes, I think the eligibility requirements for elected officials should pose only a minimal barrier to the ballot. It would be perfectly adequate if the requirement were something like the following: To be an eligible elected official, a person must be a registered voter in the geographic area the person seeks to represent, from the time that person files their paperwork to qualify as a candidate.

Before making a case that this is a perfectly reasonable and adequate requirement, it’s worth considering how we arrived at a place where the city now has no legally enforceable eligibility requirements for elected officials. [Full Story]

Judge Puts Dascola on Ward 3 Ballot

The Democratic primary ballot for the Ward 3 Ann Arbor city council race will now include Bob Dascola, in addition to Julie Grand and Samuel McMullen. That’s the result of a ruling from federal district judge Lawrence Zatkoff – in a lawsuit filed by Dascola against the city of Ann Arbor: The city cannot bar Dascola from the Ward 3 city council Democratic primary ballot based on city charter eligibility requirements that were ruled null and void in the early 1970s.

At his downtown barbershop, shortly after getting the news that the court had ruled in his favor, Bob Dascola showed The Chronicle photos of himself as a clown participating in Ann Arbor s Fourth of July parade – something he has done for several years. He will be participating again this year – also as a clown, not as a city council candidate, because he's already registered his parade entry that way.

At his downtown barbershop, shortly after getting the news that the court had ruled in his favor, Bob Dascola showed The Chronicle photos of himself as a clown participating in Ann Arbor’s Fourth of July parade – something he has done for several years. He will be participating again this year – also as a clown, not as a city council candidate, because he’s already registered his parade entry that way.

At issue were city charter durational requirements on voter registration and residency – that require city councilmembers to be registered to vote in the city and to be a resident of the ward they want to represent for at least a year prior to taking office.

Dascola contended he met the residency requirement, but conceded that he fell short of the voter registration requirement. He did not register to vote in the city until Jan. 15, 2014. Dascola submitted sufficient signatures to qualify, so the impact of the ruling is that Dascola will appear on the Ward 3 ballot.

Dascola was represented in the case by local attorney Tom Wieder.

Both of the Ann Arbor city charter requirements were ruled unconstitutional, null and void in federal cases from the early 1970s. But the city of Ann Arbor sought to enforce those charter requirements against Dascola based on subsequent decisions on eligibility requirements in other jurisdictions in the intervening period. Those included an Ann Arbor case in 2002 (Wojack v. City of Ann Arbor) that resulted in a finding by the local state circuit court upholding the residency requirement. But that finding came only after Republican Scott Wojack was allowed on the Ward 1 city council ballot – a race he did not win. Wojack’s attorney was Tom Wieder.

Based on subsequent case law and a shifted standard of judicial review, one-year durational requirements of the kind that the Ann Arbor city charter includes would almost certainly be found constitutional, if the 1970s cases were to be litigated today. But the May 20, 2014 ruling by Zatkoff found Dascola’s argument convincing: That in order for the city to enforce the charter requirements – which had been found unconstitutional, null and void in separate rulings in 1971 – it would have needed to re-enact those requirements.

From the opinion: “Plaintiff [Dascola] has provided compelling evidence that Defendants [the city of Ann Arbor] have used void provisions of the Charter in an attempt to preclude him from running for City Council. Further, remedies available at law would not compensate Plaintiff for his inability to run for City Council. Finally, as established above, the balance of hardships between the parties – and the public interest at large – warrant this Court enjoining Defendants from enforcing a void law when the City has failed to re-enact that law.” [Dascola v. City of A2: Opinion] [Dascola v. City of A2: Judgment]

That means all the Aug. 5, 2014 ballots for partisan primaries for Ann Arbor mayor and city council are finally set. On the non-partisan side, Bryan Kelly took out petitions for city council in Ward 1, but was informed by the city that he did not meet the charter’s durational eligibility requirements. The ruling on the Dascola case would clear the way for Kelly to run. And as an independent, he’d have until July 17 to submit signatures. But in responding to an emailed Chronicle query, he indicated that he’s content with the representation of Ward 1 on the city council, saying they are “good people,” and he is no longer contemplating running at this time.

The city does have the option to appeal the ruling, but council sources indicate that is not probable. More likely is that the council would vote to place a charter amendment on the ballot this fall so that voters could ratify some set of eligibility requirements. The May 20 ruling from Zatkoff permanently enjoins the city from enforcing either of the former charter requirements prior to re-enacting them.

The background of the case and a review of the opinion are presented below, as well as the complete set of briefings from the case. [Full Story]

County Board Continues Weighing Road Tax

Washtenaw County board of commissioners meeting (May 7, 2014): Two topics dominated a four-hour meeting: possible funding options for road repair, and an update on how the community is addressing homelessness.

Curtis Hedger, Dan Smith, Washtenaw County board of commissioners, The Ann Arbor Chronicle

From left: Washtenaw County corporation counsel Curtis Hedger and commissioner Dan Smith (R-District 2). (Photos by the writer.)

Following a lengthy discussion, commissioners voted to set a public hearing about a possible countywide road millage. The hearing will be held at their meeting on May 21 so that the public can give input on a proposal to levy up to 1 mill for roads in 2014. The tax would be levied under Act 283 of 1909.

No final decision is expected at the May 21 meeting about levying a tax – although a resolution to levy a 1-mill tax is on the May 21 agenda for initial consideration.

Commissioners all appeared to support finding a way to secure more road funding, but some voiced concern about process and timing – especially because a tax under Act 283 would be levied without voter approval.

The May 7 discussion began when Dan Smith (R-District 2) brought forward a resolution that would authorize levying a 1 mill tax – under Act 283 – in December 2014. It would generate $14.34 million “to repair 2013–14 winter damage to the roads, streets and paths in Washtenaw County.” The board ultimately voted to postpone the resolution until May 21 over dissent from Alicia Ping (R-District 3).

During the wide-ranging discussion, Ronnie Peterson (D-District 6) expressed concern that the public hadn’t yet been informed about the Act 283 proposal. At the request of board chair Yousef Rabhi (D-District 8), Roy Townsend – managing director of the county road commission – had prepared a list of road projects that could be funded by an Act 283 millage, which was distributed at the May 7 meeting. Townsend and two of the three road commissioners – Barb Fuller and Bill McFarlane – attended the May 7 meeting, and Townsend fielded questions from the board.

Corporation counsel Curtis Hedger cautioned that Act 283 lays out a specific process, which calls for a presentation of proposed road projects at a meeting in late September or October, prior to the December levy. Responding to those concerns, Dan Smith noted that options might include passing a resolution this month or in June to indicate the board’s intent to levy the tax, then possibly using money from the general fund’s fund balance to pay for road work this summer. The fund balance would be reimbursed when the tax revenues are collected in December. Hedger pointed out a risk in that approach: If someone sues the county and a court issues an injunction, then the county might be unable to levy the tax – after already spending general fund dollars.

Conan Smith (D-District 9) supported the Act 283 tax. “I’m almost of a mindset of ‘Let’s do it’ – and if someone wants to sue us over it, you know, then when they file a lawsuit we can reconsider,” he said. Smith preferred the Act 283 levy over a ballot initiative that voters would be asked to approve, saying there are other funding proposals he’d rather put on the ballot – for public safety and human services.

The board discussion on this issue will continue at the May 21 meeting.

In other road-related items on the May 7 agenda, the board voted to accept the recommendations of a subcommittee that was appointed last year to explore options enabled by state legislators. The subcommittee had recommended not to make the road commission part of county operations, and not to make the job of road commissioner an elected position.

The May 7 meeting also included an update about the community’s approach to addressing homelessness. The briefing was in response to a board directive given to staff on April 2, 2014 to develop a plan for updating the county’s Blueprint to End Homelessness. The blueprint was adopted in 2004. The process of updating that plan is to be completed by Oct. 1, 2014.

Responding to information that there’s been an increase in people from outside of Washtenaw County coming to the Delonis Center shelter in Ann Arbor, Conan Smith cautioned against making that kind of distinction, saying it “dehumanized” people who are seeking help, regardless of where they’re from.

Mary Jo Callan, director of the county’s office of community & economic development, told Smith that his point was well taken. But she noted that unless the state asks other communities to provide something close to the level of support that Washtenaw County provides, “then it’s an issue of volume. I’m sorry, but it’s not about dehumanizing.” Ellen Schulmeister, executive director of the Shelter Association of Washtenaw County, noted that 96% of the shelter’s budget comes from local public funding, and the shelter was built for people who became homeless in Washtenaw County. She said it was her job “to hold that line.”

During the May 7 meeting, commissioners also gave initial approval to allocate funding to local nonprofits as part of a coordinated funding approach for human services, in partnership with several other local funders. The county is one of the original five partners in the coordinated funding approach. Other partners are city of Ann Arbor, United Way of Washtenaw County, Washtenaw Urban County, and the Ann Arbor Area Community Foundation.

This year, 105 applications were submitted by 50 local organizations totaling $8,732,389 in requested funding, according to a staff memo. A review committee recommended that 57 programs receive a total of $4,321,494 in available funding. Of that amount, the county is providing $1.015 million. Among the organizations that are being funded in this cycle are Corner Health Center, Interfaith Hospitality Network of Washtenaw County, Child Care Network, Catholic Social Services of Washtenaw, Food Gatherers and Legal Services of South Central Michigan. Several nonprofit leaders spoke during public commentary in support of this process, as did Ann Arbor city administrator Steve Powers.

In other action, the board appointed Ellen Rabinowitz as health officer for the Washtenaw public health department; passed a resolution calling for an increase in Michigan’s minimum wage to $10.10 per hour; and received a first-quarter budget update from the county’s finance staff. First-quarter projections tend to be conservative, because they’re based on only three months of the year, with limited evidence of budget trends. At this point, the 2014 general fund is projected to have a $70,230 shortfall by year’s end – with total revenues of $103,404,537 and total expenditures of $103,474,767. There is no planned use of fund balance for this year’s budget. [Full Story]

City Council Passes FY 2015 Budget

The city of Ann Arbor fiscal year 2015 budget has been approved by the city council. The fiscal year starts on July 1, 2014. City council action came after 2 a.m. on May 20, 2014 at a meeting that started at 7 p.m. on May 19.

From left: Margie Teall (Ward 4), Chuck Warpehoski (Ward 5), Stephen Kunselman (Ward 3) and Sumi Kailasapathy (Ward 1).

From left: Margie Teall (Ward 4), Chuck Warpehoski (Ward 5), Stephen Kunselman (Ward 3) and Sumi Kailasapathy (Ward 1). Deliberations on the  FY 2015 budget extended until 2:15 a.m.

The general fund component of the budget is roughly $98 million this year. In terms of staffing changes, city administrator Steve Powers’ proposed budget included one additional firefighter position, three additional police officers and one additional rental housing inspector. Those staffing levels remained the same at the conclusion of the May 19 deliberations.

When the general fund is added in with the rest of the city’s budget – the street fund, water fund, sewer fund, parking fund, and the like – the total expenses proposed for FY 2015 come to about $330 million.

The council’s deliberations on the budget resulted in several amendments, but none that had a dramatic impact on the budget. Neither of the amendments affecting the proposed police staffing levels succeeded – one that would have increased the number of polices officers by two officers instead of three, and another that would have increased the number of officers by five instead of three. A proposal to restore fall loose leaf collection failed, as did a proposal to extend compost collection to a year-round service.

Two amendments that would have affected Ann Arbor SPARK also failed. One would have required the local development finance authority (LDFA) to reserve more money for infrastructure improvements – like a high-speed communication network – and one of the likely reductions would have come from Ann Arbor SPARK. The other failed amendment would have eliminated the $75,000 annual contribution the city makes to SPARK from its general fund. Those two amendments alone took about 90 minutes of council deliberation.

Out of the 18 amendments that had been disseminated in advance of the meeting, the council approved just seven. Among the amendments getting at least a six-vote majority was a proposal to add funding for “community-facing” climate action programs, paid for in part with funds that would have otherwise been used for an Ellsworth Road corridor study.

Also getting approval were two amendments meant to generate funding to pay for animal control services. One of those amendments used money that would have otherwise funded a commercial sign inventory to pay for animal control services from the Humane Society of Huron Valley. The other encouraged increased compliance with the city’s dog licensing law, which would generate additional revenue. The city estimates current compliance with dog licensing requirements at only 7%.

The $300,000 in the proposed general fund budget allocated for the demolition of the city-owned 415 W. Washington building was eliminated for that purpose, without any other purpose identified for spending the money.

Two budget votes related to streets got approval – one directing the city administrator to explore alternative methods of street funding, and a second one allocating more money this year from Act 51 funds for alternative transportation. The council also requested more information that would allow it to set the amount of Act 51 funding for alternative transportation at the appropriate percentage level – 2.5% or 5%.

The council’s deliberations on the FY 2015 budget began around 9 p.m. and stretched more than five hours with a final vote of approval coming at 2:15 a.m. the following morning. Mayor John Hieftje, who missed the council’s May 12 work session due to illness, was not back to full strength at the May 19 meeting and departed the meeting around 1 a.m. Mayor pro tem Margie Teall (Ward 4) led the remainder of the meeting.

Outcomes on each amendment that was considered, in chronological order, are presented below, excerpted from The Chronicle’s live meeting updates. Each timestamp includes a link to council deliberations on that item, as reported in the live updates. In brackets are the names of councilmembers who sponsored the amendment. [Full Story]

May 19, 2014: Council Live Updates

Editor’s note: This “Live Updates” coverage of the Ann Arbor city council’s May 19, 2014 meeting includes all the material from an earlier preview article published last week. The intent is to facilitate easier navigation from the live updates section to background material already in this file.

Results on the outcome on many individual agenda items can be found published as separate briefs in the Civic News Ticker section of the website. A summary of the FY 2015 budget deliberations will be available here, when its is published: [link]

The council’s second meeting in May is specified in the city charter as the occasion for the council to adopt the city administrator’s proposed budget with any amendments. If the council does not take action by its second meeting in May, the city administrator’s proposed budget is adopted by default. The Chronicle has previously reported a preview of some possible budget amendments: [here].

The sign on the door to the Ann Arbor city council chamber, installed in the summer of 2013, includes Braille.

The sign on the door to the Ann Arbor city council chamber includes Braille.

The council’s May 19 meeting agenda includes more than just the adoption of the budget.

Related to the setting of the annual budget are items like setting fees associated with the public services area (for example, site plan review) and the community services area (for example, farmers market stall fees), as well as rate increases for water, sewer and stormwater utilities.

Also related to the budget – and not just for this next year – is an agenda item that will revise the city’s policies for contributions to the city’s pension system and retiree health care. In broad strokes, those revisions are meant to accelerate contributions during a strong economy and maintain contributions at least at the level of the actuary-recommended amount during weaker economies.

Another budget-related item on the May 19 agenda is one related to the social infrastructure of the community – allocation of general fund money to nonprofits that provide human services. The city approaches this allocation through a process that is coordinated with Washtenaw County, the United Way, the Ann Arbor Area Community Foundation and other partners. The total amount allocated for the operation of programs is about $4.3 million. The city of Ann Arbor’s general fund contribution is about $1.2 million, which is the same amount that has been contributed for the last several years.

Related to human services support is an agenda item that would accept a $113,154 planning grant from the Michigan Supreme Court to establish a specialized mental health court.

Along with social infrastructure, the council will also be asked to approve an allocation that includes utilities infrastructure, to address the needs that resulted from the harsh winter. The resolution that the council will consider would allocate money from the fund balance reserves from three sources: $1.7 million from the major street fund, $638,000 from the local street fund, and $666,000 from the water fund. Those amounts include $461,171 from the state of Michigan.

The council will also be asked to approve money for building new physical infrastructure – about $2.6 million for the reconstruction of a segment of Pontiac Trail. The segment stretches north of Skydale Drive to just south of the bridge over M-14/US-23. The street reconstruction project also includes water mains, sanitary sewer, and construction of new sidewalk along the east side of Pontiac Trail, and installation of bike lanes.

Special assessments to pay for three other sidewalk projects also appear on the council’s agenda in various stages of the special assessment process. Those future projects are located on Barton Drive, Scio Church Road, and Newport Road.

The council will be asked to approve the city’s application for federal funding to support the acquisition of development rights in Superior Township for two pieces of property on either side of Vreeland Road. The properties are near other parcels already protected as part of the city’s greenbelt initiative.

The city council will also vote on the confirmation of two appointments: Katherine Hollins to the city’s environmental commission; and Bob White, as a reappointment to his fourth term on the city’s historic district commission.

This article includes a more detailed preview of many of these agenda items. More details on other agenda items are available on the city’s online Legistar system. The meeting proceedings can be followed Monday evening live on Channel 16, streamed online by Community Television Network starting at 7 p.m.

The Chronicle will be filing live updates from city council chambers during the meeting, published in this article below the preview material. Click here to skip the preview section and go directly to the live updates. The meeting is scheduled to start at 7 p.m. [Full Story]

Column: Tony Hawk in Ann Arbor

The grand opening of the new Ann Arbor skatepark – at the corner of Maple and Dexter-Ann Arbor roads in Veterans Memorial Park – is scheduled for June 21, 2014 from 10 a.m. to 6 p.m.

The organizers have announced that Tony Hawk will be there.

This is not Tony Hawk doing a 900 over the teeter totter in my backyard. Here's how you can tell: Tony Hawk is a polite young man who would not hop the fence of your backyard and skate your personal playground equipment like this guy did in 2007. And now that a new concrete skatepark has been constructed in Ann Arbor's Veterans Memorial Park, this guy won't need to do that any more.

This is not Tony Hawk doing a 900 over the teeter totter in my backyard. Here’s how you can tell: Tony Hawk is a polite young man who would not hop the fence of your backyard and skate your personal playground equipment like this guy did in 2007. And now that a new concrete skatepark has been constructed in Ann Arbor’s Veterans Memorial Park, this guy won’t need to do that any more.

Other names from the world of skateboarding who’ll also attend are Andy Macdonald, Alex Sorgente and Garold Vallie.

But I want to focus on Tony Hawk.

I imagine when some Ann Arbor Chronicle readers hear the name “Hawk,” they will reflexively think of Buteo jamaicensis or perhaps of high-intensity activated cross-walk beacons. That’s because I imagine many of you are hopeless nerds of some stripe, who don’t know very much about American mainstream popular culture, and might even take pride in that kind of cultural gap. I could be wrong – about you, but I’m not wrong about me.

I remember first becoming aware of Tony Hawk’s name in the early 2000s when I worked in the frozen foods department at Busch’s on Main Street. (At that time a banner hung over the department that read: “It’s Fresh Because It’s Frozen.”)

Jeff, the frozen foods manager, explained to me that I should be ready to re-stock frozen waffles through the week because he expected them to be very popular. He’d ordered extra. Now, it might have actually been some other food, because I don’t remember it all that well, but let’s say for the sake of argument that it was waffles. Anyway, Jeff expected that week to be selling a whole bunch of fresh-because-they’re-frozen waffles because there was a Tony Hawk promotion on the packaging. Kids could get some sort of Tony Hawk prize by sending in proof of purchase for some number of waffles, the exact details of which I don’t remember.

I do remember asking: Who is this Tony Hawk? Jeff explained that Tony Hawk was kinda famous – adding that his own kid was pretty into Tony Hawk. To me, Tony Hawk was just a guy I blamed for making my fingers just a little bit colder. I then forgot about Tony Hawk for more than a decade. [Full Story]

Budget Debate Preview: Cops, Leaves

The main item on the Ann Arbor city council’s May 19, 2014 agenda is the adoption of the budget for the 2015 fiscal year, which starts on July 1, 2014.

Ann Arbor city administrator Steve Powers at the council's May 12, 2014 working session. He presented his recommended FY 2015 budget to the council in April. The council can amend that budget on May 19.

Ann Arbor city administrator Steve Powers at the council’s May 12, 2014 working session. He presented his recommended FY 2015 budget to the council in April. The council can amend that budget on May 19.

Under the city charter, the council needs to adopt the budget, with any amendments, on a seven-vote majority. If the council is not able to achieve a seven-vote majority on an amended budget, then under the city charter, the city administrator’s proposed FY 2015 budget will be adopted by default.

At the conclusion of a May 12 city council work session, Tom Crawford, the city’s chief financial officer, reminded councilmembers of the constraints they were working under when considering budget amendments. The forecast for fiscal year 2014, he told the council, is that about $1.5 million in the fund balance reserve will be used – which compares to the budgeted use of about $2.8 million of fund balance.

But Crawford cautioned that the unspent budgeted amount likely reflected a delay in that spending, not an actual savings. Crawford expected that the fund balance reserve at the end of FY 2014 would be about 10% of operating expenses.

The proposed FY 2015 budget would use $2.8 million in fund balance, Crawford told the council, which would take the fund balance down to the 7-9% range. That’s the bottom of the minimum 8-12% range that has been the council’s policy. “I say all that because I want to remind you that you’re entering a budget deliberation with pretty tight constraints,” Crawford said. So Crawford encouraged the council to find offsets to any additional expenses they wanted to incur – whether those were recurring or non-recurring expenses.

Councilmembers were asked to submit drafts of their proposed amendments to staff by the close of business on Thursday so that staff could assist in crafting the amendments. This report includes some additional background on what’s in the budget, as well as a description of 17 possible budget amendments that might be proposed.

Detail is provided on amendments in three areas: police staffing, leaf/compost collection and the local development finance authority (LDFA).
[Full Story]

Column: Soup’s Still On at Le Dog

I’ve been a Le Dog groupie since I moved to Ann Arbor 18 years ago. I couldn’t believe my luck: Just a couple of blocks from work, I could get some of the best soups on this planet, served from an odd red hut inexplicably called Le Dog.

Miki Wartha, Jules Van Dyck-Dobos, Le Dog, The Ann Arbor Chronicle

Miki Wartha and Jules Van Dyck-Dobos at the Main Street Le Dog, which is expanding. (Photos by the writer.)

Over the years I’ve never eaten a hot dog there, but Jules Van Dyck-Dobos has become a friend. My habits, however – and my workplace – have shifted. More oriented now to the city’s west side, I view Le Dog’s Main Street location as my go-to spot for pozole, cassoulet, Marrakesh stew, peanut udon – and, of course, lobster bisque. If I don’t eat there once a week, something in my life has gone seriously awry.

I understand the eccentric charm of the East Liberty spot, which Jules refers to as his “baby.” That’s where it all began for him 35 years ago, and not much changed in the cramped, unheated, un-air-conditioned space since then. But when he told me earlier this year that he wasn’t re-opening there this season, and instead would focus on expanding the Main Street location, all I could say was: “Hooray!”

Le Dog’s less-known site has been open for 17 years in the old Kline’s department store building at 306 S. Main. Soups were made at the hut on Liberty then ferried over to Main Street, where his wife Ika has been in charge. Because the counter faces the inside lobby, waiting in line doesn’t involve shivering or getting soaked or breathing exhaust fumes or any of the downsides at the Liberty location.

Expanding on Main Street – in a building owned by local landlord Ed Shaffran – is also part of a succession plan, as Jules and Ika’s son, Miki Wartha, takes on more responsibility for the business. Jules turns 66 next month, and while he’s not retiring, he hopes to scale back a bit.

A few days ago, we talked about all of this, and a lot more, for an interview you can read below. I’m grateful that Jules carved out some time to serve up his thoughts – about his past, the reason he decided to keep his business small, the origin of the name “Le Dog” (it’s not what you might think), possible menu changes, his friendships with other local families, his hopes for the future.

In a column he wrote for Gastronomica a few years ago – now part of the “Fried Walleye and Cherry Pie” anthology – Jules acknowledged that his business on East Liberty had become an Ann Arbor landmark. That’s true, but not just because of the distinctive red facade. He’s built Le Dog into a special piece of this town that transcends its location – and this transition will bear that out.

Jules told me he’s happy with the changes taking place, but a little worried that regulars of the East Liberty spot won’t seek him out on Main Street. I hope my fellow soup aficionados will allay his fears. Le Dog at 306 S. Main is open weekdays from 11:30 a.m. until 2:30 p.m. You should go. [Full Story]

AAATA’s CEO Is Finalist for RTA Job

Ann Arbor Area Transportation Authority CEO Michael Ford has been named as one of three finalists for CEO of the southeast Michigan Regional Transit Authority (RTA).

AAATA CEO Michael Ford spoke with Ann Arbor Center for Independent Living director for advocacy and education Carolyn Grawi.

AAATA CEO Michael Ford spoke with Carolyn Grawi, Ann Arbor Center for Independent Living director for advocacy and education, after the May 15, 2014 meeting of the AAATA board.

The four-county area of the RTA includes the counties of Washtenaw, Wayne, Macomb and Oakland as well as the city of Detroit. It was established by the Michigan legislature in late 2012.

The RTA’s hiring of a CEO has been frustrated by a lack of state funding. John Hertel, general manager of SMART (Suburban Mobility Authority for Regional Transportation), was appointed CEO by the RTA board last year, but he eventually left the post in early 2014 because no funding was available for his salary.

Crain’s Detroit Business reported the Friday, May 16 vote by the RTA’s executive and policy committee to recommend Ford as well as two other finalists for the job. [Full Story]

May 19, 2014: City Council Meeting Preview

The council’s second meeting in May is specified in the city charter as the occasion for the council to adopt the city administrator’s proposed budget with any amendments. If the council does not take action by its second meeting in May, the city administrator’s proposed budget is adopted by default.

Screenshot of Legistar – the city of Ann Arbor online agenda management system. Image links to the next meeting agenda.

Screenshot of Legistar – the city of Ann Arbor’s online agenda management system. Image links to the May 19, 2014 meeting agenda.

A preview of some possible budget amendments will be reported separately.

The council’s May 19, 2014 meeting agenda includes more than just the adoption of the budget.

Related to the setting of the annual budget are items like setting fees associated with the public services area (for example, site plan review) and the community services area (for example, farmers market stall fees), as well as rate increases for water, sewer and stormwater utilities.

Also related to the budget – and not just for this next year – is an agenda item that will revise the city’s policies for contributions to the city’s pension system and retiree health care. In broad strokes, those revisions are meant to accelerate contributions during a strong economy and maintain contributions at least at the level of the actuary-recommended amount during weaker economies.

Another budget-related item on the May 19 agenda is one related to the social infrastructure of the community – allocation of general fund money to nonprofits that provide human services. The city approaches this allocation through a process that is coordinated with Washtenaw County, the United Way, the Ann Arbor Area Community Foundation and other partners. The total amount allocated for operation of programs is about $4.3 million. The city of Ann Arbor’s general fund contribution is about $1.2 million, which is the same amount that has been contributed for the last several years.

Related to human services support is an agenda item that would accept a $113,154 planning grant from the Michigan Supreme Court to establish a specialized mental health court.

Along with social infrastructure, the council will also be asked to approve an allocation that includes utilities infrastructure, to address the needs that resulted from the harsh winter. The resolution the council will consider would allocate money from the fund balance reserves from three sources: $1.7 million from the major street fund, $638,000 from the local street fund, and $666,000 from the water fund. Those amounts include $461,171 from the state of Michigan.

The council will also be asked to approve money for building new physical infrastructure – about $2.6 million for the reconstruction of a segment of Pontiac Trail. The segment stretches north of Skydale Drive to just south of the bridge over M-14/US-23. The street reconstruction project also includes water mains, sanitary sewer, and construction of new sidewalk along the east side of Pontiac Trail, and installation of bike lanes.

Special assessments to pay for three other sidewalk projects also appear on the council’s agenda in various stages of the special assessment process. Those future projects are located on Barton Drive, Scio Church Road, and Newport Road.

The council will be asked to approve the city’s application for federal funding to support the acquisition of development rights in Superior Township for two pieces of property on either side of Vreeland Road. The properties are near other parcels already protected as part of the city’s greenbelt initiative.

The city council will also vote on the confirmation of two appointments: Katherine Hollins to the city’s environmental commission; and Bob White, as a reappointment to his fourth term on the city’s historic district commission.

This article includes a more detailed preview of many of these agenda items. More details on other agenda items are available on the city’s online Legistar system. The meeting proceedings can be followed Monday evening live on Channel 16, streamed online by Community Television Network starting at 7 p.m. [Full Story]

Downtown Zoning Revisions Move Forward

Ann Arbor planning commission meeting (May 6, 2014): A four-hour meeting was dominated by two topics: revisions to downtown zoning, and the rezoning of land used for public housing.

Ray Detter, Hugh Sonk, Christine Crockett

From left: Ray Detter, Hugh Sonk and Christine Crockett. At the planning commission’s May 6 meeting, they all spoke against a 100-foot height limit for the 425 S. Main site. (Photos by the writer.)

Commissioners voted unanimously to recommend rezoning a large parcel at the southeast corner of Main and William – another step in a review of downtown zoning that began last year under direction from the city council. The recommendation is to rezone the site at 425 S. Main from D1 (downtown core) to D2 (downtown interface), a lower-density zoning. Currently, a two-story 63,150-square-foot office building – where DTE offices are located – stands on the southern part of that site, with a surface parking lot on the north portion.

In a separate action, commissioners were split on adding new requirements to the Main Street character district, where 425 S. Main is located – but that recommendation was approved. The commission voted 6-3 to recommend changes that include setting a maximum height of 100 feet for properties in that district that are zoned D2, and requiring upper story stepbacks from any residential property lines. That maximum is 40 feet taller than the 60-foot height limit specified for D2 zoning elsewhere in the downtown. Dissenting were Sabra Briere, Ken Clein and Jeremy Peters. Briere serves as the city council’s representative to the planning commission.

During deliberations on May 6, Briere pointed out that the 60-foot maximum height had been cited specifically in the city council directive, and she opposed raising that height limit. The 425 S. Main property would be the only D2 site in the Main Street character district, if the city council approves the rezoning recommendation. Because the requirements would apply to just one site, it seemed like spot zoning to Briere.

Neighbors and others had previously raised concerns that D1 zoning – which allows the highest level of density downtown – would result in a negative impact to that part of town, and had supported downzoning to D2. Several neighborhood advocates attended the May 6 meeting and again supported D2 rezoning, but strongly opposed the 100-foot maximum height.

Andy Klein, one of the property owners of 425 S. Main, also attended the meeting, saying that the site would be unbuildable with D2 zoning and a 60-foot height limit, and that the property’s value would be destroyed. He supported the 100-foot maximum.

Members of the commission’s ordinance revisions committee – which brought forward the proposal – defended it, saying that the combination of D2 zoning with a taller height would allow for more flexible design and less massive structures.

At this time, no new development has been proposed for this site. The recommendations approved on May 6 will be forwarded to the city council for consideration. In the coming months, the planning commission’s ordinance revisions committee will tackle other aspects of the council’s downtown zoning directive.

The other major item on the May 6 agenda related to the Ann Arbor Housing Commission, as part of its major initiative to upgrade the city’s public housing units by seeking private investors through low-income housing tax credits. Planning commissioners recommended rezoning for three AAHC properties: (1) Baker Commons, at the southeast corner of Main and Packard, from public land to D2 (downtown interface); (2) Green/Baxter Court Apartments, at the northwest corner of Green and Baxter roads, from public land to R4A (multi-family dwelling district); and (3) Maple Meadows at 800-890 S. Maple, from R1C (single-family dwelling district) to R4B (multi-family dwelling district).

AAHC director Jennifer Hall explained that PL (public land) zoning doesn’t allow housing to be built on it. As AAHC seeks private funding to rehab its properties, it needs to ensure if a building burns down, for example, it could be rebuilt. In general that’s why the rezoning is being requested. It’s also being requested to align the zoning with the current uses of the property. Hall stressed that the highest priority properties to be rezoned are Baker Commons, Green/Baxter and Maple Meadows, because investors have already been found to renovate those sites.

Two other properties were also on the agenda for rezoning: Mallett’s Creek Court, at 2670-2680 S. Main; and 805-807 W. Washington, on the southwest corner of Washington and Mulholland. About a dozen neighbors of Mallett’s Creek Court spoke about concerns that the vacant part of the parcel, adjacent to Cranbrook Park, would be sold or developed. Hall assured them that there’s no intent to sell, and in fact federal regulations that govern pubic housing prevent such a sale. She said AAHC hadn’t been aware that the vacant land, which includes a wooded area, was part of the parcel until they started the rezoning process. There are no plans to develop that side of the parcel.

Neighbors of the West Washington property are concerned about the amount of impervious surface on that site, and chronic flooding problems in that area.

Action on West Washington and Mallett’s Creek Court properties was postponed by the commission. AAHC and city staff will continue to evaluate these two properties, which will likely return to the planning commission for consideration at a later date.

In other action, planning commissioners recommended the annexation of an 0.22-acre lot at 375 Glenwood Street – currently in Scio Township – and to zone the site as R1C (single-family dwelling district), which matches the zoning of surrounding sites. It’s located on the west side of Glenwood, south of Dexter Road.

And commissioners held a public hearing on a master plan update, as part of an annual review process. Only one person – Changming Fan – spoke during the hearing, asking the commission to include his company’s technology in the master plan.

The master plan resolution that commissioners will vote on at their next meeting, on May 20, will highlight work that the commission intends to undertake in the coming year that’s related to master planning efforts. That work includes the Washtenaw Avenue and North Main corridor plans; helping the Ann Arbor Downtown Development Authority develop a streetscape framework; and helping implement the city’s sustainability action plan. [Full Story]

County Debates Expanded Road Commission

Washtenaw County board of commissioners working session (May 8, 2014): Washtenaw County commissioners tackled the topic of possibly expanding the road commission board, but reached no consensus at their most recent working session.

Conan Smith, Washtenaw County board of commissioners, The Ann Arbor Chronicle

Conan Smith (D-District 9) advocated for expanding the road commission board from three members to five. (Photos by the writer.)

The road commission board is a three-member entity, and is run independently from county operations. The county board, an elected body that appoints the road commissioners, is enabled under state law to expand the road commission board to five members. The possibility of expansion has been discussed periodically for years, but was always met with resistance – most notably from some of the road commissioners themselves.

Although there have been tensions in the past, several county commissioners commented on the current positive relationship between the county and the road commission, and noted that two of the three road commissioners – Barb Fuller and Bill McFarlane – are new. The third road commissioner, Doug Fuller, has served in that role since 2008, and is the current chair. [Barb and Doug Fuller are not related.]

Commissioners who argued against expansion at this time cited the need for the relatively new road commission board to gain more experience before any changes are made.

Arguing in favor of expansion, Conan Smith (D-District 9) scoffed at the idea that the road commission was “some magical institution that needs special treatment.” The only result of leaving the road commission board at three members instead of five is that it will consolidate political power among the three current road commissioners, he said. “Those people who are there longer get to build stronger relationships, get deeper knowledge, and they have that ability then to leverage that knowledge and political authority to their own ends.” Adding two more road commissioners will bring more diversity to the governance of that organization, he argued, saying it’s something that should have been done years ago.

Smith said it’s crucial to bring more voices to bear on one of the most contentious, critical issues that the county will face in a long time – the management of the local transportation network. Over the past decade, he said, the people who’ve served as road commissioners haven’t “had the wherewithal to tackle this issue in a way that presents a comprehensive solution.” Given the changing nature of transportation, the economy and economic development, the most important thing that’s needed is a greater diversity of voices at the table, Smith concluded.

Smith, Yousef Rabhi (D-District 8) and Felicia Brabec (D-District 4) indicated that they support expansion. Dan Smith (R-District 2) and Alicia Ping (R-District 3) were inclined to keep a three-member road commission board at this time, while two other commissioners – Kent Martinez-Kratz (D-District 1) and Andy LaBarre (D-District 7) – seemed on the fence, or leaning toward picking up the issue at a later date. Commissioners Ronnie Peterson (D-District 6) and Rolland Sizemore Jr. (D-District 5) did not attend the May 8 working session.

The meeting was attended by one of the three current road commissioners, Barb Fuller. She did not formally address the board.

The issue of possible expansion comes in the broader context of discussions about whether to change the structure of the road commission – by absorbing the commission into county operations. At their Oct. 2, 2013 meeting, county commissioners created a seven-member subcommittee to “explore partnerships and organizational interactions with the Washtenaw County Road Commission.” The subcommittee made recommendations to the board earlier this year that called for leaving the road commission as an independent entity. The subcommittee did not make a recommendation about expanding the road commission from three to five members, calling it a political decision that the county commissioners should make.

The board accepted the subcommittee’s recommendations at their May 7, 2014 meeting, but have not yet made a decision about expansion.

Following the working session discussion, it’s still unclear what action, if any, will be taken regarding the possible expansion of the road commission board. Any of the county commissioners have the option of bringing forward a resolution on the issue. [Full Story]

DDA Takes on Transit, Energy

Ann Arbor Downtown Development Authority board meeting (May 7, 2014): The board’s meeting highlighted two main themes – transportation and energy – the day after a new public transportation millage was approved by voters in Ann Arbor, Ypsilanti and Ypsilanti Township.

Fourth & William parking structure viewed from the Fourth Avenue side, where Greyhound buses will likely be staging, when a lease of space in the structure is finalized. Currently that's where AAATA buses stage, but they'll be moving when the driveway is poured for the new Blake Transit Center in the next few weeks.

Fourth & William parking structure viewed from the Fourth Avenue side, where Greyhound buses will likely be staging, when a lease of space in the structure is finalized. Currently that’s where AAATA buses stage, but they’ll be moving when the driveway is poured for the new Blake Transit Center in the next few weeks.

Though the board did not take action on adding circulator bus service to the downtown, the idea was brought up and referred to the operations committee. That was not unexpected, as the board had previously passed a resolution pledging possibly to increase the DDA’s support of transportation, if the Ann Arbor Area Transportation Authority’s new millage were to be approved. One specific idea mentioned at the May 7 meeting was to provide a shuttle on Saturdays between the Ann Ashley parking structure and the Ann Arbor farmers market.

The board did take action on two other transportation-related items: a lease to Greyhound for use of office space to be built out in the Fourth & William parking structure; and the setting of a $5 million project budget for  renovations at that same parking structure.

The Greyhound lease would provide a temporary location for Greyhound over the next two years as the bus company will not be able to remain in its Huron Street location – because the property owner, First Martin Corp., is planning a hotel at that spot. After assessment of operations at AAATA’s new Blake Transit Center (BTC), when construction is complete, Greyhound could eventually find a home at the BTC – if it turns out to be feasible.

Establishing a $5 million project budget for the Fourth & William parking structure renovations will allow the creation of construction drawings, and after that a request from the city council to approve the issuance of bonds to cover the cost of the project. The renovations are prompted by a need to replace the aging elevator in the southwest corner of the building, but will likely include improvements to facades and possibly a build-out of ground-floor area for use as retail space.

The Fourth & William parking structure was also part of the meeting’s energy theme. It already includes two parking spaces that are equipped with chargers for electric cars. During public commentary, the board heard from a monthly permit holder at Fourth & William, who wanted to transfer her monthly parking permit to the Library Lane structure. The two spaces at Fourth & William are often occupied, she reported, and she thinks she might have better luck at Library Lane, which offers six electric vehicle chargers.

In another energy-related action, the board delayed a decision on paying roughly $100,000 for the conversion of DTE-owned streetlights in the downtown area to LED technology. In delaying, board members cited the fact that the roughly $20,000 in energy savings would not be realized by the DDA, but rather by the city of Ann Arbor’s general fund. The resolution could be approved at the board’s June meeting and still meet a DTE deadline.

Among other information reported at the meeting, the DDA has decided that it will not lease the former Y lot back from Dennis Dahlmann so that it can continue to be used as part of the public parking system until Dahlmann develops the property. Under the terms of the purchase agreement between the city of Ann Arbor and Dahlmann a certificate of occupancy for a new building on that site is required by January 2018.

In other business, the board voted to deny an appeal made under Michigan’s Freedom of Information Act. [Full Story]

Greenbelt Commission Works on Outreach

Ann Arbor greenbelt advisory commission meeting (May 1, 2014): During a meeting that lasted less than an hour, commissioners were briefed on a draft communications plan aimed at raising awareness of the city’s greenbelt program.

Stephanie Buttrey, Ann Arbor greenbelt advisory commission, The Ann Arbor Chronicle

Stephanie Buttrey, a member of the Ann Arbor greenbelt advisory commission’s communications and outreach committee. (Photos by the writer.)

The hope is to increase support of the program among Ann Arbor taxpayers, landowners who might be eligible to preserve their property as part of the greenbelt, and elected officials and policymakers at the local, regional and federal levels.

The committee is also thinking longer-term, looking at what might happen when the 30-year millage expires. The millage that supports the greenbelt program was passed by voters in 2003. The 0.5 mill tax for land acquisition is called the open space and parkland preservation millage. On the summer tax bill, the line item appears as CITY PARK ACQ.

The committee will continue its work and eventually bring forward a completed plan for the full commission to approve.

Also on May 1, commissioners received a brief update from Ginny Trocchio, who provides staff support for the greenbelt program. She reported on proposed federal legislation related to tax incentives for donating conservation easements. Landowners who want to donate easements or who agree to sell their easements for less than market value have in the past received a tax deduction. But legislation allowing for that deduction expired at the end of 2013. Congress is considering an extension for 2014 and 2015, Trocchio said.

The meeting also included a closed session to discuss possible land acquisitions, which lasted about 30 minutes. The topic of land acquisition is one allowed as an exemption by the Michigan Open Meetings Act for a closed session. When commissioners emerged, they voted on one resolution that will be forwarded to the city council – a recommendation to pursue the purchase of development rights on a property in Pittsfield Township, using matching funds that Cherry Republic had previously donated to the city. [Full Story]

Transit Millage Passes: 70.6% Say Yes

Voters in Ann Arbor, Ypsilanti and Ypsilanti Township gave a new 0.7 mill transit tax a clear majority in the May 6, 2014 vote.

The May 6, 2014 tax proposal received clear majority support in all jurisdictions: Ann Arbor (71.4%); Ypsi City (83.4%); Ypsi Twp (61.6%)

The May 6, 2014 tax proposal received clear majority support overall (70.6%) in all jurisdictions: Ann Arbor (71.4%); the city of Ypsilanti (83.4%); and Ypsilanti Township (61.6%).

Overall, the proposal from the AAATA received 70.6% votes in favor. That percentage reflects 13,949 votes in favor and 5,783 against.

The new tax, which can be levied for five years before it again needs approval by voters, is supposed to fund a five-year service improvement plan.

The tax received clear majority support in all jurisdictions: Ann Arbor (71.4%); the city of Ypsilanti (83.4%); and Ypsilanti Township (61.6%).

Across all jurisdictions, the turnout was 12.7% of registered voters. Turnout was helped by sunny weather with high temperatures in the low 60s. By jurisdiction, turnout varied a bit: Ann Arbor (14%); Ypsilanti (12.6%); and Ypsilanti Township (9.5%).

Including all cash reported under late-filing rules, the Partners for Transit millage campaign raised $54,427 in cash. The anti-millage campaign committee, which called itself Better Transit Now, accumulated $17,817 in resources, when $15,037 of in-kind contributions – in ad purchases – by McCullagh Creative are included. [Full Story]

Transit Millage Vote: View from the Bus

Editor’s note: Based on early results, the transit millage appears to have passed.

It’s a Chronicle tradition to spend Election Day on two-wheeled transportation – a bicycle and a scooter – visiting as many precincts as possible and logging vignettes from the polls and points in between.

Ann Arbor Area Transportation Authority, The Ride, AAATA, The Ann Arbor Chronicle

An Ann Arbor Area Transportation Authority bus loading near Blake Transit Center.

But today’s vote – in Ann Arbor, Ypsilanti and Ypsilanti Township – includes way more geographic territory than we’re accustomed to covering.

Instead of trying to visit as many polling places as possible, we’re going to settle for visiting a couple in each jurisdiction. And to cover the distance, we’re going to tap the resources of the organization that’s putting the millage on the ballot – the AAATA fixed route bus system.

So updates today will be light on polling places and heavy on the points in between. We hope readers will help fill in the gaps by leaving comments on this article with their own vignettes from the polls.

Whatever your view on the millage, we hope you’ll mark a ballot today. [Full Story]