Civic News Ticker

A proposal long in the works to provide public transportation service between Ann Arbor and Detroit Metropolitan Airport will appear on the agenda of the Ann Arbor Transportation Authority board at its Feb. 16 meeting. The AATA will contract out the service through Indian Trails (Michigan Flyer).

Details of the service include a one-way fare of $12 for advance reservation (and limited refundability) or $15 with re-fundability up to time of departure. Round trip fare would be $22 for advance reservation (and limited refundability) or $30 with refundability up to time of departure. The resolution also provides for an introductory promotional offer of $10 one-way and $20 round trip. Volume discounts also may be available for groups of up to eight people traveling together. [.pdf of resolution establishing fare structure]

AATA CEO Michael Ford has previously described the intent of the service to provide 12 daily trips each way, with a very limited number of stops, in order to achieve a trip time of around 40-45 minutes.

The board previously authorized the negotiation of the contract with Indian Trails. A resolution separate from the one setting fares establishes a two-year contract with Indian Trails at a cost of $2.56 per service mile, with the total cost for the contract not more than $700,000 per year.

Including stops, the AATA has previously described an airport route as long as 70 miles round trip. [On I-94, it's roughly 51 roundtrtip miles from downtown Ann Arbor to the entrance of Detroit Metro.] At the lower end of the regular fare offered on a 70-mile round trip, the service would need to average around eight passengers per bus to cover the cost of the Indian Trails contract on fares alone. [(70*2.56)/22 = 8.14]  [.pdf of board information packet]

The Feb. 16 AATA board meeting starts at 6:30 p.m. in the fourth-floor boardroom of the downtown Ann Arbor District Library, 343 S. Fifth Ave.

In a press release issued Thursday afternoon, Feb. 9, Tom Wall said he is considering a run for Ann Arbor mayor and is asking for support to fill crucial positions – including campaign manager and fundraising director – before making a final decision. [.pdf of Wall's announcement] Wall is owner of All Star Driver Education, and has run for mayor twice before.

In November 2006, Wall ran as an independent against incumbent Democrat John Hieftje, getting 21% of the vote. In August 2008, Wall contested the Democratic primary against Hieftje, getting 31% of the vote.

In his press release, Wall attributes his previous election performance to not having the “necessary organizational support.” He asks for people to step forward to fill the roles of campaign manager, campaign promoter, recruiter, fundraising director, and communications director.

Wall outlined several goals he would hope to pursue as mayor, including “giving Ann Arbor back to the people,” not making cuts to police and firefighters, maintaining city streets year-round with an emphasis on pothole repair and snow removal, and asking voters to weigh in on large projects that have apparent opposition.

In addition to his work at All Star Driver Education, Wall is founder of the T. Wall Foundation, which supports special needs children and their families. Before retiring in 2000, he taught special education in the Willow Run school district for 30 years. He is also active in several civic groups and volunteer efforts.

At a special meeting called for Feb. 8, 2012, the University of Michigan board of regents voted unanimously to approve the use of Michigan Stadium for the National Hockey League’s Winter Classic, which is scheduled for Jan. 1, 2013. The NHL will pay $3 million for the license to use the stadium from Dec. 1, 2012 until mid-January. Areas surrounding the stadium would be used for a more limited period.

In January of this year, various media outlets reported that the 2013 Winter Classic would be held at Michigan Stadium, between the Detroit Red Wings and the Toronto Maple Leafs. There has not yet been an official announcement from the NHL.

According to a staff memo, the university would be responsible for providing support activities similar to ones provided at Saturday football games. The NHL would have the right to include advertising and sponsorship throughout the stadium, and a liquor license would be obtained for the event. According to the university, Michigan law allows the university to obtain 12 licenses a year.

Six of the eight regents – all but Julia Darlow and Libby Maynard – participated in the meeting via conference call. Regent Denise Ilitch, who chairs the board, recused herself from the vote. She said that although she has no direct relationship to the NHL, it’s well-known that her family has an interest in the Detroit Red Wings and Comerica Park, and she didn’t want the appearance of a conflict.

David Brandon, UM’s athletic director, emphasized that this isn’t a university event, although the university’s game operations crew will manage the event and city police will be used handle security and traffic control. Regent Martin Taylor said he was comfortable with the liquor license, given that it was a third-party event. Regent Larry Deitch confirmed with the legal staff that indemnification and insurance issues were covered.

Several regents praised the deal, which has not yet been finalized but is expected to be signed soon. Regent Andrea Fischer Newman noted that the economic impact for Ann Arbor and surrounding areas will be significant – for hotels, restaurants and other businesses. Ilitch said the estimated impact would be around $14 million.

Taylor also noted that events like this are important as the university looks for ways to increase revenues.

At its Feb. 7, 2012 meeting, the Ann Arbor planning commission voted unanimously to recommend denial of a rezoning request for 1320 S. University Ave., where the three-story Park Plaza apartment building is located. The property – on the south side of South University, between Forest and Washtenaw avenues – is owned by Philip Sotiroff, who hoped to build a mixed-use (retail and residential) building as high as 145 feet. That height would allow for a structure of between 10-14 stories on the 0.82-acre site. The current zoning – D2 (downtown interface) – does not allow for a structure taller than 60 feet. The city’s planning staff had also recommended denial of the rezoning request.

Fifteen people spoke during a public hearing about the rezoning. Most of them were residents and neighborhood leaders who objected to the proposed rezoning. They noted the long A2D2 process that the city underwent to develop the existing zoning, which was adopted in late 2009. Commissioners concurred, and after a brief discussion the commission voted unanimously against the proposal. [For a timeline overview of the A2D2 and design guidelines process, with links to previous Chronicle coverage, see "Ann Arbor Hotel First to Get Design Review?"]

This brief was filed from the city council chambers on the second floor of city hall, located at 301 E. Huron. A more detailed report will follow.

The University of Michigan board of regents has called a special meeting on Wednesday, Feb. 8 at 10 a.m. According to a press release issued on the afternoon of Feb. 7, the topic of the meeting regards authorization to enter into a facility-use lease for the National Hockey League’s Winter Classic. The Winter Classic is held in early January at an outdoor venue. In January of this year, various media outlets reported that the 2013 Winter Classic would be held at Michigan Stadium, between the Detroit Red Wings and the Toronto Maple Leafs. There has not yet been an official announcement from the NHL.

The regents’ Feb. 8 meeting is open to the public and will be held at the boardroom of the Fleming Administration Building, 503 Thompson St. in Ann Arbor.

At its Feb. 6, 2012 meeting, the Ann Arbor city council approved the tentative award of a $92,929,000 contract with Walsh Construction Company II, LLC to undertake the work associated with the facilities renovations project at the city’s wastewater treatment plant. The tentative award is a requirement for receiving a low-interest loan from the state’s revolving fund loan program, which is administered through Michigan’s Department of Environmental Quality.

The city reviewed six bids: Lakeshore Toltest Corp. ($83,302,048); Granger Construction Co. ($89,990,000); Walsh Construction Co. II, LLC ($92,929,000); Walbridge ($95,380,441); Hunt/Colasanti ($99,990,000); and Barton Malow Co. ($102,884,000). The firms making lower bids were found not to be sufficiently qualified to undertake the specific work, because they did not have experience as a general contractor in charge of a wastewater treatment facility construction project with a similar complexity and size.

Glenn Granger of Granger Construction Co. addressed the council during public commentary, objecting to the assessment of the city’s staff that his firm had no similar previous experience.

This brief was filed from the city council’s chambers on the second floor of city hall, located at 301 E. Huron. A more detailed report will follow.

At its Feb. 6, 2012 meeting, the Ann Arbor city council approved the issuance of $2,850,000 of bonds to refinance the outstanding principal amount of Michigan Transportation Fund Bonds for the Broadway Bridges project. After factoring in bond issuance costs, the city expects to save around $185,000 over the next 11 years.

This brief was filed from the city council’s chambers on the second floor of city hall, located at 301 E. Huron. A more detailed report will follow.

At its Feb. 6, 2012 meeting, the Ann Arbor city council voted to appoint councilmember Tony Derezinski (Ward 2) as the hearing officer for annual liquor license renewal and revocation. Derezinski serves on the council’s liquor license review committee along with Mike Anglin (Ward 5) and Jane Lumm (Ward 2). The council also voted to set the fee for transcripts of any hearings to be equal to the actual cost charged by the transcription service for the work.

This brief was filed from the city council’s chambers on the second floor of city hall, located at 301 E. Huron. A more detailed report will follow.

At its Feb. 6, 2012 meeting, the Ann Arbor city council voted to postpone until March 5 a resolution that would have established an agreement between Ann Arbor, the city of Ypsilanti, Washtenaw County and the Ann Arbor Transportation Authority, establishing a new framework for governance of local public transportation.

The four-party agreement would expand the area and level of transportation service provided by the AATA by expanding the geographic area of its governance structure. Specifically, under the four-party agreement, the AATA would be incorporated as a transportation authority under Act 196 of 1986.

The council’s postponement on Feb. 6 came at the AATA’s request. The council previously postponed the issue at its Jan. 9 and Jan. 23 meetings. Thirty-nine people spoke at a public hearing held on Jan. 23.

The delay by the council is due in part to a desire to hear a recommendation from a financial advisory group that was scheduled to meet on Jan. 27 – but that meeting was postponed. The group is a collection of more than 20 representatives of the public and private sectors, led by McKinley Inc. CEO Albert Berriz and retired Washtenaw County administrator Bob Guenzel. They have met since the fall of 2011.

The day before the group’s scheduled meeting, a 17-bill package was introduced on Jan. 26 in the Michigan house of representatives that provides for the establishment and funding of a regional transit authority that would include Washtenaw, Wayne, Macomb and Oakland counties. However, the AATA has not explicitly cited that new legislation as the reason for the postponement of its meeting. The meeting is now expected to take place on Feb. 29.

Before voting to postpone action on the agreement until March 5, the council undertook an amendment to the agreement. To the text on termination was added: “The City of Ann Arbor may also withdraw from the new TA [transit authority] using any of the methods authorized by MCL 124.458. In the event that the city of Ann Arbor exercise any of the forgoing rights, Ann Arbor may terminate this agreement upon written notice to the other parties.” [.pdf of 4-party agreement as previously amended on Jan. 23, 2011]

This brief was filed from the city council’s chambers on the second floor of city hall, located at 301 E. Huron. A more detailed report will follow.

At its Feb. 6, 2012 meeting, the Ann Arbor city council gave final approval to changes to the supplemental regulations of a planned unit development (PUD) for Arlington Square. The changes to the PUD supplemental regulations would allow for urgent care and restaurant uses at the site, with no additional parking. No exterior changes are proposed.

The two-story, 51,285-square-foot retail and office complex is located at 3250 Washtenaw Ave. – the southeast corner of Washtenaw Avenue and Huron Parkway. An 8,000-square-foot space in the complex, where Hollywood Video was formerly located, is vacant, and the owner would like to have the option of leasing the space to a restaurant or urgent care facility.

The current PUD zoning, which was approved in 1989, allows for certain C3 (fringe commercial) uses, but due to an increased need for parking that would be created, the original regulations did not allow for (1) restaurants with seating, (2) barber/beauty shops on the first floor, or (3) office uses on the second floor, with the exception of medical/dental offices.

The site includes 200 parking spaces. To accommodate potential increased parking demand, the building’s owner – Nadim Ajlouny of Orchard Lake, Mich. – is offering to provide bus passes to all employees on the site and to provide an additional 14 enclosed bicycle parking spaces. Questions arose during the council’s initial deliberations on Jan. 9, 2012 about the number of spaces that are actually on the site. The answer to those questions was mentioned by Stephen Kunselman, who noted that the spaces were located under the building, thus hard to find. [.pdf of site schematic]

The city planning commission, at its meeting of Dec. 6, 2011, had recommended approval of the request.

This brief was filed from the city council’s chambers on the second floor of city hall, located at 301 E. Huron. A more detailed report will follow.

Attached to the Ann Arbor city council’s Feb. 6, 2012 meeting agenda is a letter from the state of Michigan treasurer’s office dated Dec. 29, 2011 noting that the city’s audit for the 2011 fiscal year (which ended June 30, 2011) had “repeated reported deficiencies from previous years.” The letter also stated: “There were reported deficiencies included with the audit report.” The state treasurer requests that the city respond with a “corrective action plan.”

The deficiencies are not “material weaknesses,” and do not affect the auditor’s unqualified or “clean” opinion. The deficiencies relate to proper controls and documentation on usage of procurement cards (P-Cards). [For detailed reporting on the audit, including the P-Card issue, see Chronicle coverage: "Audit is Unqualified 'Clean' But P-Card Problems Persist"] In the city of Ann Arbor’s response to the state, sent by chief financial officer Tom Crawford on Jan. 19, 2012, the P-Card issue is acknowledged. In the letter, Crawford notes: “As of May 2011, every P-Card statement is reviewed by a single individual who confirms all documents and policies are in compliance. A review of this new procedure has indicated that requirements have been met to date.”

Crawford’s statement to the state treasurer’s office is corroborated by the auditor’s remarks on the issue, which are included in the FY 2011 audit report:  ”… the city changed its review in May 2011 so that every statement is reviewed by a single individual who is confirming that all documents and policies are being complied with. A review of this new procedure has indicated that requirements have been being met since May. ” [.pdf  of Crawford's response and the state treasurer's letter]

On the Ann Arbor city council’s agenda for its Feb. 6, 2012 meeting is action on a previously postponed item – a four-party agreement between the city of Ann Arbor, the city of Ypsilanti, Washtenaw County and the Ann Arbor Transportation Authority.

However, in an email message sent early Friday afternoon (Feb. 3) to Ann Arbor city administrator Steve Powers and assistant city attorney Mary Fales, the AATA has requested that the city council postpone a decision on the four-party transit agreement: “Michael Ford [CEO of AATA] would like to request to postpone consideration of the Public Transportation agreement from February 6 until March 5.”

The email, sent by AATA community outreach coordinator Sarah Pressprich Gryniewicz, indicates that Ford will attend the council’s Feb. 6 meeting, in order to make the request for postponement in person.

The council has previously postponed the issue – at its Jan. 9 meeting and again at its Jan. 23 meeting. Thirty-nine people spoke at a public hearing held on Jan. 23. When the council postpones an item to a specific date – as it did on Jan. 23 until the Feb. 6 meeting – the item appears on the agenda, even if there might be the expectation that it would again be postponed.

The Traverwood branch of the Ann Arbor District Library, located at Traverwood and Huron Parkway, will be closed starting Monday, Feb. 13 for repairs and maintenance to its wood floors, according to a post on AADL’s website. The branch is expected to be re-opened by Thursday, Feb. 23 or sooner, depending on how the work progresses.

The wood floors used as part of Traverwood’s design – featured in the video “Up From Ashes” – include wood from dead ash trees harvested at the branch’s site on the north side of Ann Arbor. It’s the only wooden flooring in any of the system’s buildings. As part of regular maintenance, the floors need to be resealed every year.

From the AADL’s post: “The finishes used that adhere to standards that are in keeping with the sustainable principles used to build the building have not held up to the high traffic in that location. The floor needs to be sanded, repaired in some places, and recoated and sealed. We could simply throw all caution to the wind and finish the floor like a basketball court, but that seems shortsighted and unjustified. A product that meets our standards, and is proven to hold up well in high traffic areas will be applied. Annual maintenance on these wooden floors will always be required, but it is our hope that extensive work will not be required for years.”

The first time Traverwood was closed for this purpose was in 2009. At an August 2009 meeting of the library board, AADL director Josie Parker informed board members that an initial attempt to reseal the floors had been done incorrectly. The library then had to hire a contractor to sand down the floors, reapply the sealant and let it dry. Prep work included wrapping the shelves of books and other items in plastic, to keep them clean amid the dust from sanding.

Curtis Hedger, Washtenaw County’s corporation counsel, is taking a three-month, part-time medical leave following a diagnosis of congestive heart failure in January. Local attorney Stefani Carter will be handling his responsibilities in his absence – she was introduced at the Feb. 1 meeting of the Washtenaw County board of commissioners.

Hedger told The Chronicle that he plans to work a limited number of hours per week, and will help Carter transition into her role with the county. Carter has been serving as “of counsel” with the county on a contract basis, and Hedger recommended her for this new role. Early in her career Carter worked in the county prosecuting attorney’s office, and later spent 15 years as an assistant city attorney for Ann Arbor.

At the Feb. 1 meeting, Carter told commissioners that she was happy to be there, but ”I hope my term of service will be short, as we hope Curtis comes back as soon as possible.”

Toward the end of the three-month leave, Hedger said he’ll undergo additional testing that could determine whether he’ll return to his job on a full-time basis, continue part-time work, or retire. More coverage of the meeting: [link]

The Washtenaw County board of commissioners authorized two contracts at its Feb. 1, 2012 meeting: (1) for the third-party administration of claims services for the workers’ disability compensation program from 2012-2015; and (2) for excess workers’ disability compensation insurance coverage from Feb. 1, 2012 through May 1, 2013.

The agreement for third-party administration of claims services was awarded to Broadspire Services Inc., based in Atlanta. It calls for paying Broadspire $36,750 in each of the first and second years, and $37,565 in the third year of the contract. Broadspire is the county’s current vendor for these services.

The contract for excess insurance coverage above $500,000 was awarded to St. Louis-based Safety National. The agreement calls for paying the company $62,297 for the period of February 2012 through May 2013. The resolution approved by the board also authorizes the county administrator to negotiate one-year extensions through May 1, 2015. According to a staff memo, the insurance coverage will be used to protect the county from potential worker’s compensation losses over the next year. Safety National is the county’s current excess insurance vendor.

This brief was filed from the county administration building at 220 N. Main in Ann Arbor. A more detailed report will follow: [link]

At its Feb. 1, 2012 meeting, the Washtenaw County board of commissioners gave final approval to a two-year collective bargaining agreement with AFSCME Local 3052, representing 52 general supervisors. The agreement had been ratified by its membership, and had received initial approval from commissioners at their Jan. 18, 2012 meeting.

AFSCME Local 3052 was one of five bargaining units – out of 17 units representing county employees – that did not reach an agreement with the county by the end of 2011, when its previous contracts expired. Negotiations continue with the other four units – representing the prosecuting attorneys, the prosecuting attorney supervisors, attorneys in the public defenders office, supervisors of attorneys in the public defenders office.

The new agreement, which runs from Jan. 1, 2012 through Dec. 31, 2013, calls for a 10% retirement contribution from employees, and a 10-year vesting period for new hires. Employees will take 10 unpaid “bank leave” days in 2012 and 2013, with no furlough days imposed. Though bank leave and furlough days are similar – both are unpaid – the bank leave days do not affect calculations toward an employee’s retirement or longevity pay.

The default health care plan will comply with the state’s hard cap on costs. The cap limits the amount that public employers can contribute toward employee healthcare annually: $5,500 for single-person coverage, $11,000 for individual and spouse coverage, and $15,000 for family coverage. Employees have the option to upgrade their plans for additional annual costs of $2,724 or $1,772, based on the plan.

The agreement also eliminates longevity pay for new hires, and reduces longevity pay by 25% for current employees in 2012. Step increases will be frozen for 2013. The collective bargaining agreement stipulates that if county property tax revenues increase by at least 2% on or before Dec. 31, 2012, a 1% wage increase would become effective Jan. 1, 2013.

This brief was filed from the county administration building at 220 N. Main in Ann Arbor. A more detailed report will follow: [link]

A five-year, $460,000 project to study and improve conditions at Whitmore Lake received initial approval from the Washtenaw County board of commissioners at its Feb. 1, 2012 meeting. The lake is located in Washtenaw County’s Northfield Township and Livingston County’s Green Oak Township. A final vote is expected at the board’s Feb. 15 meeting.

The effort – focusing on removal of invasive weeds – is a continuation of a project that began in 2003, and was renewed in 2007. It’s overseen by the county board of public works. The project’s cost will be recovered through special assessments on over 800 parcels near Whitmore Lake.

This brief was filed from the county administration building at 220 N. Main in Ann Arbor. A more detailed report will follow: [link]

At its Feb. 1, 2012 meeting, the Ann Arbor Downtown Development Authority board approved a management incentive under the terms of its contract with Republic Parking, which manages day-to-day operations of the public parking system. The board voted to award $45,000 out of the $50,000 that it can award on a discretionary basis. The other $150,000 of the $200,000 total incentive is not discretionary, and is paid to Republic monthly.

The management incentive is paid based on customer satisfaction surveys and independent inspections of the parking facilities. The free responses section of the survey included a range of sentiments, from enthusiastic praise of specific Republic Parking employees (“Staff is always very friendly” and “Teri and Cathy are the greatest!!”), complaints about employee job performance (“I don’t pay $12-$13 a day to be inconvenienced because your employees can’t get their job done timely!”), praise for the facilities (“Very clean and nice art work on ground floor at curved wall on the southeast comer”) and criticism of the facilities (“Please clean more. And take care of the awful smell on floor 4″). Sprinkled through the responses are complaints about parking rates. [.pdf of parking customer responses]

The rating scale responses of the survey broke down as follows: 5-Excellent (36.5%), 4 (26.3%), 3 (14.0%), 2 (9.5%), 1-Poor (6.7%), Non-Responsive (6.9%). Last year the same survey yielded the following results: 5-Excellent (22.5%), 4 (32.3%), 3 (17.9%), 2 (4.6%), 1-Poor (2.2%), Non-Responsive (20.1%). So the number of survey respondents giving a rating of 5 or 4 increased from 54.8% to 62.8%. The rating of 1 or 2 also increased, from 6.8% to 16.2%. Around 600 people responded to the survey.

The DDA’s independent parking inspector made 48 written reports to evaluate the cleanliness of the facilities systemwide last year. Average for the year was 90.48%, which is a three-point drop from last year’s score of 93.7%.

In the previous three years (2009, 2010, and 2011), the DDA board voted to award the same $45,000 incentive: [link]

At its Jan. 31, 2012 meeting, Ann Arbor’s medical marijuana licensing board voted to recommend licenses for 10 medical marijuana dispensaries located in the city. A decision on the award of the licenses will now be considered by the Ann Arbor city council.

Businesses recommended for a license under Ann Arbor’s local ordinance are: (1) Green Planet, 700 Tappan St.; (2) Treecity Health Collective, 1712 S. State St.; (3) Ann Arbor Health Collective, 2350 E. Stadium Blvd.; (4) OM of Medicine, 112 S. Main St.; (5) People’s Choice, 2245 W. Liberty St.; (6) Greenbee Collective, 401 S. Maple St.; (7) Ann Arbor Wellness Collective, 321 E. Liberty St.; (8) MedMarx at Arborside, 1818 Packard St.; (9) Medical Grass Station, 325 W. Liberty St.; and (10) PR Center, 3820 Varsity Dr.

The recommendations for Treecity and Greenbee were made conditionally – Greenbee must secure adequate parking, and Treecity must move to a location allowed under the city’s medical marijuana zoning rules.

On June 20, 2011 the Ann Arbor city  council enacted a zoning and a licensing ordinance regulating medical marijuana businesses – which included the establishment of a five-member licensing board. The council had imposed a moratorium on Aug. 5, 2010 for 120 days – it prohibited the future use of property inside the city for cultivation facilities or dispensaries. The moratorium was extended several times in the course of the council’s consideration of the medical marijuana issue.

The timing of the application process for pre-moratorium businesses for the first year’s applications was slightly earlier than for businesses established after the moratorium. And the maximum number of licenses available in the first year is a function of the number of applications received from pre-moratorium businesses – which the city determined to be nine. Those nine plus 10% (rounded up) yielded the number of licenses available – 10. The one post-moratorium business is Grass Station.

The city had received a total of 10 applications. A zoning compliance permit is a requirement for application, and the city initially denied such permits to Treecity (1712 S. State Street), which is in a district zoned as O (office), and Green Planet (700 Tappan St.), located in the Casa Dominick PUD (planned unit development) district. Both businesses appealed to the zoning board of appeals. And at its Jan. 25, 2012 meeting, the ZBA granted Green Planet’s appeal, overturning the decision of city staff.

However, the ZBA rejected Treecity’s appeal. The rejection of Treecity’s appeal by the ZBA resulted in the recommendation of a conditional license.

Ann Arbor’s local laws require that businesses operate in conformance with the Michigan Medical Marijuana Act, which was enacted by statewide voter referendum in 2008. The city has explicitly required applicants for dispensary licenses to explain how their business conforms with the law, including an Aug. 23, 2011 court of appeals ruling that has been interpreted by many authorities to mean that no medical marijuana dispensaries are legal. [.pdf of the McQueen case ruling].

Ann Arbor’s city attorney, Stephen Postema, is open to the possibility that dispensary business models may exist that do conform to the McQueen case ruling, but has not issued a written opinion describing business models that he believes conform.

Also at its Jan. 31 meeting, the licensing board recommended that the initial licensing fee be established at $1,100 with the annual renewal fee set at $350. More coverage: [link]

A source on the Ann Arbor city council confirmed for The Chronicle that city attorney Stephen Postema has told councilmembers he will not be running for a judgeship on the 22nd circuit court. Last August he’d indicated to The Chronicle that he was considering a run. ["Postema Mulling Run for Circuit Court Judge"]

As late as Jan. 23, he’d said he had not made a decision about whether to run. Had he entered the race, he would have faced competition from local attorneys Carol Kuhnke, Doug McClure and Erane Washington, who all attended a meeting of Ann Arbor city Democrats in mid-January and asked attendees for their support. Shortly after that meeting, local attorney Jim Fink issued a press release announcing he had entered the race.

The final meeting of a financial advisory committee to the Ann Arbor Transportation Authority, scheduled for Friday, Jan. 27, has been postoned. The group was tapped by the AATA to review and make recommendations on funding options for service and governance of a transit authority that would operate throughout Washtenaw County. The group is expected to submit a white paper containing its recommendations.

The advisory committee, made up of more than 20 representatives of the public and private sectors, is led by McKinley Inc. CEO Albert Berriz and retired Washtenaw County administrator Bob Guenzel They have met since the fall of 2011.

The expected recommendations of the financial advisory committee come in the context of a proposed  four-party agreement – between the Ann Arbor Transportation Authority, the city of Ann Arbor, the city of Ypsilanti and Washtenaw County – which, would establish a framework for making a transition of the AATA to a countywide system of governance under Michigan’s Act 196 of 1986. The Ann Arbor city council postponed a vote on the agreement a second time at its Jan. 23 meeting, due to an interest on the part of some councilmembers in hearing the financial advisory group’s recommendation before council’s next meeting, on Feb. 6.

However, it’s not clear when the financial group will reschedule its meeting. An emailed message from AATA director of community relations Mary Stasiak cited “concerns about having enough time to digest the large volume of information that was provided. The issue of transit funding is too important to make decisions without the benefit of a careful review of the sub-group’s work. We will be rescheduling this meeting and provide you with a new date as soon as it is available.”

Part of the large volume of information is a 17-bill package of legislation introduced the previous day (Jan. 26) that provides for the establishment and funding of a regional transit authority that would include Washtenaw, Wayne, Macomb and Oakland counties.

An emailed press release from state representative Rick Olson’s office on the morning of Jan 26, 2012 announced that legislation to improve road infrastructure throughout the state, as well as enable the creation of a regional transit authority for southeast Michigan, would be introduced in the state house and senate later in the day. Olson represents District 55.

From the press release: “The bipartisan, bicameral package aims to improve and maintain roads across the state, implement numerous reforms to the Department of Transportation and establish a funding source to be used only to directly improve roads, bridges and key infrastructure. The legislation also would create a regional transit authority in Southeast Michigan.” For background see “AATA in Transition: Briefed on State’s Plans.”

At its Jan. 25, 2012 meeting, Ann Arbor’s zoning board of appeals heard two appeals from representatives of medical marijuana dispensaries, who had been denied a zoning compliance permit by the city. The ZBA granted one appeal (from Green Planet), overturning the decision of city staff, and rejected the other (from Treecity).

Both businesses were  seeking such a permit in order to apply for a medical marijuana dispensary license. The licensing board is scheduled to meet on Jan. 31 to make recommendations on the award of dispensary licenses. The denial of the one appeal means that nine of 10 total applications will be considered by the licensing board.

The Ann Arbor city council enacted zoning and licensing requirements for medical marijuana businesses on June 20, 2011. Among the zoning regulations is a requirement that medical marijuana dispensaries can be located only in those districts zoned as D (downtown), C (commercial), or M (industrial), or in PUD districts where a retail use is permitted in the supplemental regulations.

Treecity (1712 S. State Street) is in a district zoned as O (office), while Green Planet (700 Tappan St.) is in the Casa Dominick PUD (planned unit development) district. Treecity argued that it had established a legal use of the property as a medical marijuana dispensary before the enactment of the city’s zoning ordinance, and should be allowed to continue that non-conforming use within the district zoned for office use.

However the nine-member ZBA ruled against Treecity. The ZBA did not find that Treecity had previously established a legal use of the property as a medical marijuana dispensary. Of the six members of the board who were present at the meeting, Treecity’s appeal garnered support only from Sabra Briere, who also serves on the medical marijuana license board and the Ann Arbor city council. [.pdf of Treecity staff report including appeal]

For the other appeal, Green Planet noted that the supplemental regulations in the existing PUD allow for “grocery, prepared food and beverage sales, including retail sales of non-food items typically associated with groceries and food preparation.” On that basis, Green Planet argued that the PUD meets the zoning condition that says dispensaries are allowed in “PUD districts where retail is permitted in the supplemental regulations.”

The city had denied the zoning compliance permit based on the idea that medical marijuana preparations were not “typically associated with groceries and food preparation.” But the ZBA’s vote to overturn the city staff decision was unanimous among the six board members present. [.pdf of Green Planet staff report including appeal] More coverage: [link]

At its Jan. 25, 2012 meeting, the Ann Arbor public art commission recommended approving the artist Ed Carpenter of Portland, Oregon for a $150,000 art project in the lobby of the city’s Justice Center, located at the corner of East Huron and Fifth Avenue. A task force had recommended the selection of Carpenter’s proposal – a sculpture called “Radius” – from three finalists. Members of the task force who recommended Carpenter are Elaine Sims, Margaret Parker, Spring Tremaine, Karl Daubmann, Maureen Devine, Laura Rubin, Ray Detter, Margie Teal, Homayoon Pirooz, and Aaron Seagraves.

Carpenter’s proposal calls for creating a hanging sculpture of dichroic glass, aluminum, stainless steel and lighting, including LED spot and flood lighting. The intent of the artwork is to reflect how the work of the courts and police radiate out into the community. The Justice Center houses the 15th District Court and the Ann Arbor police department. The recommendation will be forwarded to city council for approval.

Also at the Jan. 25 meeting, the art commission voted to recommend the selection of Ann Arbor muralist Mary Thiefels for a mural project to be located on pillars at a building in Allmendinger Park. A task force had recommended her selection from among four finalists. Her proposal entails asking neighborhood residents for artifacts to create mosaics at the top and bottom of the pillars. The task force recommended that they continue to work with Thiefels on designing the remainder of the mural on the middle sections of the pillars.

Commissioners liked the concept of “found object” mosaics, but questioned whether the $10,000 budget was sufficient. They ultimately voted to approve recommending Thiefels for the project, contingent on asking her to submit a revised proposal and budget, with additional input from the task force.

This report was filed from the second floor city council workroom at city hall, at 301 E. Huron. A more detailed report will follow: [link]

At its Jan. 24, 2012 meeting, the Ann Arbor park advisory commission unanimously recommended a nearly $1 million contract to renovate softball and baseball fields at three city parks.

If approved by the city council, the $982,333 contract would be awarded to RMD Holdings of Chesterfield, Michigan. That amount includes a $893,030 base bid plus a 10% contingency of $89,303. It was the lowest of four bids received for the project, which will focus on the fenced ballparks at Veterans Memorial Park, West Park and Southeast Area Park. Originally, the city had intended to include fields at Allmendinger Park as well, but bids came in higher than expected and that work was eliminated from the project.

The renovations have been in the works for more than two years. At PAC’s September 2010 meeting, commissioner David Barrett gave a report on the condition of the city’s ballparks after personally surveying them. There are 26 fields owned by the city, and 28 at Ann Arbor public schools. [.pdf file of Barrett's ballpark report] According to a staff memo accompanying the Jan. 24 resolution, no major restoration work has been done on the fields in more than 10 years.

Staff from Ann Arbor Rec & Ed, a unit of the public school system, will work with city staff on this project – Rec & Ed programs are the primary users of these fields. Construction will likely begin in mid-August of 2012, with fields ready for use again in early spring of 2013. Red & Ed plans to cancel its fall season to accommodate the project.

Funding will be drawn from three sources: (1) $250,000 from the approved FY 2012 parks maintenance and capital improvements millage budget; (2) $64,000 from an unobligated remaining fund balance in the expired park repair and restoration millage; and (3) $668,333 from the unobligated fund balance of the existing parks maintenance and capital improvements millage.

This brief was filed from the second-floor council chambers of city hall, located at 301 E. Huron. A more detailed report will follow: [link]

The University of Michigan has released more details about the Friday, Jan. 27 speech to be given by president Barack Obama, beginning at 9:35 a.m. at UM’s Al Glick Field House, 1300 S. State St. The event is free and open to the general public, but tickets are required. Tickets will be distributed one per person on a first-come, first-served basis starting at 9 a.m. on Thursday, Jan. 26 at the Michigan Union ticket office. The union is located at 530 S. State, at the intersection of South University. The ticket office is on the ground floor level.

The White House announced Obama’s plan to speak at the university on Monday. His last appearance in Ann Arbor was to deliver the UM commencement address on May 1, 2010. He will be giving the State of the Union speech tonight before both houses of Congress in Washington, D.C.

Update: The city of Ann Arbor has announced that on Friday from 5 a.m.-noon, South State Street will be closed for security reasons from Henry Street to Arch Street.

At its Jan. 23, 2012 meeting, the Ann Arbor city council again delayed action on a four-party agreement that would establish a framework for a transition of the Ann Arbor Transportation Authority to a countywide governance incorporated under Michigan’s Act 196 of 1986.

The council postponed action until its Feb. 6 meeting, but not before undertaking several amendments to the text of the agreement. The council had previously postponed action at its Jan. 9 meeting and had set a public hearing for Jan. 23. A few dozen people appeared before the council to speak during the hearing.

The four-party agreement – between the Ann Arbor Transportation Authority, the city of Ann Arbor, the city of Ypsilanti and Washtenaw County – would establish a framework for making a transition of the AATA to a countywide system of governance under Michigan’s Act 196 of 1986.

The transition to a countywide governance and funding base is intended to (1) ensure stability of funding for transit connections outside of the city of Ann Arbor, which until now has depended on purchase-of-service agreements; (2) provide a higher level of transit service inside the city of Ann Arbor; and (3) expand the area where transit service is provided.

In the four party-agreement, the role of the two cities – Ann Arbor and Ypsilanti – would be to pledge their current transit millages to the new authority, contingent on identifying a countywide funding source. The two cities currently levy millages that are designated for public transit and are passed through to the AATA. For Ann Arbor, that’s currently just over 2 mills. For Ypsilanti, which uses the proceeds of the tax – approved in November 2010 – to fund its purchase-of-service agreement with the AATA, the levy is just under 1 mill. [One mill is $1 for each $1,000 of a property's taxable value.]

As part of the four-party agreement, Ypsilanti and Ann Arbor would agree that AATA’s existing assets would be assumed by the new Act 196 transit authority, and they’d also agree to assign their existing millages to the new Act 196 authority. But the asset transfer and the millage assignment would be contingent on identifying a countywide funding source for the new Act 196 authority.

Although the council postponed action, it did undertake several amendments to the accord.

Completely struck was a section that contemplated the possibility that “funding sources are elected to fund the NEW TA [transit authority] which do not require voter approval.” A new addition was the explicit requirement that the city councils of Ann Arbor and Ypsilanti would need to vote to adopt the articles of incorporation that Washtenaw County would file to formally incorporate the new Act 196 transit authority. [.pdf of draft articles of incorporation]

A phrase was inserted in two spots (one for each of the cities) to place on the new Act 196 transit authority a requirement to the effect that the new authority must provide to Ann Arbor and Ypsilanti “at a minimum, the continued level of services provided by its predecessor-in-interest, AATA, …”

Another revision highlighted at the beginning of some relevant paragraphs the condition that must be met in order for the substance of the paragraph to apply, and expresses it in terms of time, not abstract logic: “After all of the Section 8 contingencies to Closing are satisfied, …”

Another revision accommodated the possibility that some municipalities might choose to opt out of an Act 196 authority if one were to be incorporated – by swapping in “authority-wide” for the phrase “county-wide.” Those amendments undertaken by the council are reflected in the marked up document: [.pdf of marked up four-party agreement]

An additional revision approved by the council stipulates that if Ann Arbor is the only municipality in the county that opts in to the Act 196 authority, then the agreement is null and void.

Stephen Kunselman (Ward 3) indicated that at the council’s next meeting, he’d bring forward a possible amendment to change the composition of the board of the new transit authority that’s described in the four-party agreement, so that Ann Arbor has a majority. The original version, which remains in place, calls for a 15-member board to which Ann Arbor would appoint seven members. Ypsilanti would have one seat, and a district that includes Ypsilanti and August townships would have two seats (the southeast district). Pittsfield Township would constitute a district. The other four seats would come from districts labeled as follows: west, north central, northeast, south central. [.jpg of map showing board composition of Act 196 transit authority]

This brief was filed from the city council’s chambers on the second floor of city hall located, at 301 E. Huron. A more detailed report will follow: [link]

At its Jan. 23, 2012 meeting, the Ann Arbor city council authorized a renewal to the agreement under which it supplies policing services to the Ann Arbor Transportation Authority – at the transit agency’s downtown Ann Arbor Blake Transit Center.

The agreement entails the provision of a dedicated officer for the location. The previous agreement had expired on Oct. 31, 2011. Cost of the services to the AATA is $75,000, with a $5,000 increase per year after Oct. 31, 2012. The point of the increases is to get the contract value back to the fully-burdened cost, which is $112,000.

This brief was filed from the city council’s chambers on the second floor of city hall, located at 301 E. Huron. A more detailed report will follow: [link]

At its Jan. 23, 2012 meeting, the Ann Arbor city council passed a resolution opposing Michigan’s Public Act 297, which was signed into law on Dec. 22, 2011. The act prohibits public employers from providing employee medical and fringe benefits to those who are not married to an employee, a dependent of the employee, or eligible to inherit from the employee under the laws of intestate succession. [.pdf of PA 297]

It’s not legal in Michigan for same-sex couples to marry. PA 297 thus effectively eliminates the possibility of providing benefits to same-sex domestic partners.

Ann Arbor provides employee benefits to “other qualified adults,” a definition that includes same-sex domestic partners. [.pdf of Ann Arbor employee retirement system definition of other qualified adult] Nine current or retired city of Ann Arbor employees are impacted by PA 297.

Before the bill was signed, the council – at its Sept. 19, 2011 meeting – passed a resolution calling on Michigan Gov. Rick Snyder not to sign the bill into law.

On Jan. 5, 2012, the American Civil Liberties Union filed suit in U.S. district court against Snyder on behalf of four couples. Four of the eight plaintiffs are residents of Ann Arbor. The public employer for the two Ann Arbor couples is the Ann Arbor Public Schools. [.pdf of complaint against Rick Snyder] The resolution directs the Ann Arbor city attorney to assist the ACLU in the lawsuit in whatever way is useful, including filing an amicus brief.

The resolution approved by the Ann Arbor city council on Jan. 23 also cites Ann Arbor’s history of commitment to non-discrimination and protections for those of all sexual orientations. [.pdf of Ann Arbor's non-discrimination ordinance]

This brief was filed from the city council’s chambers on the second floor of city hall, located at 301 E. Huron. A more detailed report will follow: [link]

At its Jan. 23, 2012 meeting, the Ann Arbor city council passed a resolution opposing federal policies that detain people and that result in deportation of immigrants who have not committed a “serious criminal offense” and who have long-standing ties to the United States. The council’s resolution supports the use of prosecutorial discretion in such cases. The resolution also calls for timely legalization of undocumented immigrants who have not committed a serious criminal offense.

Out of 10 reserved spots for public commentary at the start of the meeting, eight people signed up to address the resolution on immigration.

The council previously passed a resolution, on July 6, 2010, opposing an Arizona law that requires local law enforcement officials to investigate a person’s immigration status, when there is a reasonable suspicion that the person is in the U.S. unlawfully.

The council’s resolution passed at its Jan. 23, 2012 meeting comes after they’d heard a plea at their Dec. 5, 2011 meeting from 14-year Ann Arbor resident Lourdes Salazar Bautista, who faced deportation in late December. She was subsequently given a one-year reprieve. The council’s resolution did not address Bautista’s situation specifically.

The resolution was opposed by Jane Lumm (Ward 2) and Marcia Higgins (Ward 4).

This brief was filed from the city council’s chambers on the second floor of city hall, located at 301 E. Huron. A more detailed report will follow: [link]