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The Constitution of Historic Districts

At a recent forum hosted by the Ann Arbor city Democratic party for candidates of the 52nd and 53rd District state House races, the topic of the state’s constitution arose in the form of an audience question. Did the candidates favor holding a convention to rework the state’s document of basic law?

The state’s constitution also came up in a recent letter conveyed to the city of Ann Arbor by an attorney for Alex de Parry, the developer of a proposed project called Heritage Row along Fifth Avenue south of William Street. The project was voted down at the Ann Arbor city council’s June 21 meeting on a 7-4 vote in favor, thus failing to meet the eight-vote majority required. [Chronicle coverage of that meeting is forthcoming.]

The main focus of the letter, sent to the city by de Parry’s legal counsel the same day as the council met to vote on Heritage Row, is not that project per se, but rather the historic district that the council may decide to establish at its next meeting on July 6. The recommended historic district, which includes the parcels that were to be used to build Heritage Row, received its initial consideration by the council at their June 21 meeting.

While its more customary for councilmembers to vote for a proposal at its first reading, even if they’re against it, three councilmembers at the June 21 meeting chose to oppose the establishment of the district already at its first reading. Tony Derezinski (Ward 2), Stephen Rapundalo (Ward 2) and Marcia Higgins (Ward 2 Ward 4) all voted against the historic district.

None of the three cited the specific issues raised in the letter from de Parry’s legal counsel as reasons for voting against the district – Derezinski had voted at the council’s Aug. 6, 2009 meeting against establishing a committee to study the question. And Rapundalo had supported a postponement of that vote.

But for the final vote on July 6, the points raised in the letter from de Parry’s legal counsel may well factor explicitly into the council’s deliberations. The legal reasoning in the letter leads to the conclusion that the way local historic districts are set up in Michigan potentially violates the state’s constitution. And if the reasoning in the letter stands legal scrutiny, it could change the way any future historic districts in the state of Michigan are established. [Full Story]

Column: A Pitch for Absentee Voting

Primary elections in Michigan fall on Tuesday, Aug. 3 this year. That’s also the day the Detroit Tigers start a three-game series with the Chicago White Sox at Comerica Park. Here’s a suggestion for Ann Arbor city voters: Don’t plan to go the polls. Instead, plan to take the whole day off and go to the ball game. You can still vote, vote, vote for your home team – you’ll just need do it with an absentee ballot.

Absentee voter applications are not printed on baseballs. This is just someone's execution of the concept that "Every article should have art!"

Now, you don’t have to go to the game in order to qualify for an absentee ballot. But just to be clear, if you do plan to make a whole day event out of your visit to Detroit to watch the game, that will absolutely qualify you for an absentee ballot. If you expect to be out of town, that’s a legally valid reason for voting absentee.

Maybe some of you would even like to make the short drive in to the ballpark after a Monday night stay at the Westin Book Cadillac – from what I understand, it’s a pleasant place to spend the night, even if you’re not a Washtenaw Communty College trustee.

What about you Chronicle readers who aren’t baseball fans? If you want to vote absentee, the current election law specifies a limited set of other reasons you can use, which include being older than 60, being in jail, or having religious beliefs that prevent attending the polls.

The topic came up a bit more than a week ago, when the Ann Arbor city Democrats hosted a forum for candidates contesting the Democratic primaries for Michigan’s 52nd and 53rd district state House seats. Jeff Irwin, who along with Ned Staebler is running for the 53rd District seat, threw out an idea for a tweak in Michigan’s election laws.

Irwin said he’d like to see “on-demand absentee” voting – citizens would be able to obtain an absentee ballot and avoid the lines at the polls for any or no reason at all. It’s not some new screwball idea – it’s been around a while and enjoys a lot of support, from Washtenaw County clerk Larry Kestenbaum, among others.

For the time being, though, the application for an absentee ballot requires that voters commit, you know, really commit – just like the guy on the mound has to commit to delivering the ball to the plate after starting in that direction – to at least one of the allowable reasons under the state statute. Through June 17, according to the first Absent Voter report sent out last week via email by the city clerk, over 1,800 Ann Arborites have already committed to one of those reasons. [Full Story]

Moving Ahead on Zaragon Place 2

Ann Arbor Planning Commission meeting (June 15, 2010): With only minor suggestions from planning commissioners, the 14-story Zaragon Place 2 apartment complex was unanimously approved by the commission, and will next be considered by the city council, likely at one of their August meetings.

Bonnie Bona

Bonnie Bona, chair of Ann Arbor's city planning commission, listens to a presentation about Zaragon Place 2. A rendering of the proposed project is on the screen in the background, viewed from the William Street perspective. (Photos by the writer.)

The project – to be located at the southeast corner of William and Thompson, next to Cottage Inn restaurant – drew support from two representatives of neighboring businesses, who said they were eager for new residents to arrive as potential customers. The site has been vacant and considered blighted for more than a decade.

Unlike recent proposals for two other residential developments – Heritage Row and The Moravian – Zaragon Place 2 does not require special zoning and has not faced opposition from neighborhood groups.

Some of the discussion by commissioners centered on the 40 parking spaces to be provided within the structure, as well as 40 spaces for bikes in a secured storage room. The ground level will include retail space fronting William. Also as part of the project, the city’s parks unit is asking the developer for $48,000 to help pay for new parks in the area, or to enhance existing parks.

In other business, the commission approved a special exemption use for Big Shot Fireworks to set up a tent in front of the Quarter Bistro, in the Westgate Shopping Center. Commissioners were schooled in fireworks-related legislation – anything that spins, explodes or leaves the ground can’t be sold in Michigan to the general public.

And a rezoning of a previously unzoned parcel on Jackson Avenue – site of the former Barnard Plating factory, next to Hillside Terrace Retirement Center – passed without discussion.

Finally, the commission discussed and passed a resolution that more formally outlines their plan to work with the city’s environmental and energy commissions toward the goal of building a sustainable Ann Arbor. It’s the outgrowth of a joint meeting the three commissions held in April, and was characterized by planning commission chair Bonnie Bona as the beginning of a community conversation about sustainability. [Full Story]

Michigan Dems Primary: House 53rd District

On Saturday, June 12, the Ann Arbor city Democratic Party hosted a candidate forum for the primary races for the seats in both the 52nd and 53rd districts for state representative. Although the forum, held at the Ann Arbor Community Center on North Main Street, was a joint affair for all four candidates in both districts, The Chronicle has split its coverage of the one event into two articles, one for each district’s candidates.

Jeff-Irwin-Ned-Staebler

Democratic candidates for the 53rd District state House seat at the June 12 Ann Arbor city Democratic Party forum: Jeff Irwin, left; and Ned Staebler, right. (Photos by the writer.)

The Democratic primary in the 53nd District of the Michigan House of Representatives is contested by Jeff Irwin and Ned Staebler. The 53nd House District covers the majority of the city of Ann Arbor, and parts of Scio and Pittsfield townships.

The seat is currently held by Rebekah Warren, who was elected to that position in 2006, and is eligible to seek re-election – but has chosen instead to run for the 18th District state Senate seat, currently held by term-limited Liz Brater. In Michigan, state senators are limited to two four-year terms, and state representatives are limited to three two-year terms.

This coverage of the June 12 candidate forum consists of the questions that candidates were asked, with answers given by the candidates in paraphrased form.

The order of the remarks as presented here reflects the same relative order as they were made at the candidate forum. For each question, the order was randomly chosen among all four candidates. The remarks of 52rd District candidates are presented separately: “Michigan Dems Primary: House 52nd District[Full Story]

Michigan Dems Primary: House 52nd District

On Saturday, June 12, the Ann Arbor city Democratic Party hosted a candidate forum for the primary races for the state representative seats in both the 52nd and 53rd districts. Although the forum, held at the Ann Arbor Community Center on North Main Street, was a joint affair for all four candidates in both districts, The Chronicle has split its coverage of the one event into two articles, one for each district’s candidates.

Christine Lee Jeff Lee

Democratic candidates for the 52rd District state House seat at the June 12 Ann Arbor city Democratic Party forum: Jeff Lee, left; and Christine Green, right. (Photos by the writer.)

The Democratic primary in the 52nd House District is contested by Christine Green and Jeff Lee. The district covers the better portion of western Washtenaw County and small parts of the city of Ann Arbor.

The 52nd District seat is currently held by Pam Byrnes, who was elected to that position in 2004 and is term-limited. She is running for state senate in District 18, a seat now held by Liz Brater, who is also term-limited. In Michigan, state senators are limited to two four-year terms, and state representatives are limited to three two-year terms.

This coverage of the June 12 candidate forum consists of the questions that candidates were asked, with answers given by the candidates in paraphrased form.

The order of the remarks as presented here reflects the same relative order as they were made at the candidate forum. For each question, the order was randomly chosen among all four candidates. The remarks of 53rd District candidates Jeff Irwin and Ned Staebler, which are occasionally referenced by Lee and Green, are presented separately: “Michigan Dems Primary: House 53rd District[Full Story]

Park Commission Asks for Transparency

Ann Arbor Park Advisory Commission meeting (June 15, 2010): A temporary venue change led more than two dozen people to the Community Television Network studios for this month’s PAC meeting.

Colin Smith, Tim Doyle

Colin Smith, left, the city's parks and recreation manager, talks with Tim Doyle, who was attending his first meeting as a new park advisory commissioner. Doyle replaced the position formerly occupied by Scott Rosencrans, who did not seek reappointment. (Photos by the writer.)

The main agenda item was consideration of two resolutions regarding Fuller Road Station, and many people who attended the meeting were there to address commissioners on that topic – most of them protesting the use of city parkland for what will, at least initially, be a large parking structure and bus depot, built in partnership with the University of Michigan.

Park commissioners have expressed concerns about the project, and resolutions were crafted to address those issues, including a possible financial loss to the parks system and a lack of transparency in the process.

At several points during deliberations, Christopher Taylor – a city councilmember and ex-officio member of PAC – defended the process, indicating that while it was a misstep that PAC wasn’t formally asked for input, there had been many opportunities for public participation.

PAC ultimately approved a resolution that asks city council to make available a complete plan of Fuller Road Station – including any significant proposed agreements, such as what the university will pay the city for use of the structure – allowing sufficient time for a presentation at a televised PAC meeting before council votes on the project. The resolution also asks that staff and council ensure the project results in a net revenue gain for the parks system.

Several other speakers during public commentary addressed the issue of Huron Hills Golf Course, and expressed concerns that the city would seek to privatize it. During his manager’s report, Colin Smith told commissioners that a draft request for proposals (RFP) regarding Huron Hills won’t be finished until August at the earliest, and will be brought to PAC for review before being issued by the city.

The meeting also included a presentation by Molly Notarianni, the city’s market manager, with an update on the farmers market and public market activities.

Tuesday’s meeting was also the first for PAC’s newest commissioner, Tim Doyle. Doyle was recently appointed by city council to replace Scott Rosencrans, who did not seek reappointment. In welcoming him, PAC chair Julie Grand joked: “You picked a good one to start.” [Full Story]

Parking Deal Talks Open Between City, DDA

Almost a year ago, the city council appointed members to a committee that was to talk with a corresponding committee of the Ann Arbor Downtown Development Authority board about amending the contract under which the DDA manages the city’s parking system.

The two groups are known as the “mutually beneficial” committees, reflecting the language of a January 2009 city council resolution that called upon the DDA to begin a conversation about revising the parking contract in a “mutually beneficial” way.

On Monday morning, for the first time in public view, members of the DDA board and the city council met to discuss the contract.

MBC-June14-2010

The two mutually beneficial committees (starting at the far right of the frame, proceeding clockwise around the table): Carsten Hohnke, Margie Teall – both city councilmembers; Sandi Smith, city councilmember, but representing the DDA; Christopher Taylor, city councilmember; Roger Hewitt and Russ Collins, both on the DDA board. (Photo by the writer.)

The basis of these further discussions was a term sheet that had been produced in late April by some members of the city council and the DDA working outside of either body’s committee structure.

That term sheet had been the good faith basis on which the DDA board, on a 7-4 vote in May, voted to amend the parking contract. That unilateral amendment amounted to a payment from the DDA to the city of an additional $2 million that had not been required under the existing contract.

The specific outcomes of Monday’s meeting between the two committees were: (i) staff for the DDA and the city would be asked to develop a list of policy points that would need to be addressed in order for the DDA to assume responsibility of enforcing parking rules, but not other codes; and (ii) the DDA would be asked to develop a detailed plan by Sept. 13, 2010 describing the role of the DDA in the development of city-owned surface parking lots within the DDA district.

The planned schedule for meetings between the two committees will be the second Monday morning of each month at 8:30 a.m. at the DDA offices on Fifth Avenue. Members of the council’s committee are Margie Teall (Ward 4), Christopher Taylor (Ward 3) and Carsten Hohnke (Ward 5). Representing the DDA are Sandi Smith, Russ Collins, Roger Hewitt and Gary Boren. [Full Story]

Greenbelt: How Best to Support Small Farms?

Ann Arbor Greenbelt Advisory Commission meeting (June 9, 2010): Under typical agreements crafted for the city’s greenbelt program, only 2% of land protected by a greenbelt conservation easement is allowed to be covered by an impervious surface – a house, for example, or roads.

A hoop house at Sunseed Farm

A hoop house at Sunseed Farm, northwest of Ann Arbor. (Photo by Marianne Rzepka.)

To date, that hasn’t been an issue for most parcels in the program, which are fairly large – more than 40 acres. But as the greenbelt advisory commission (GAC) considers ways to support small farms – in the 15-20 acre range – some challenges have emerged. A farm of that size with hoop houses, for example, might easily result in covering more than 2% of the land.

During the public portion of this month’s GAC meeting, commissioners discussed how to address this and other issues that might require modifying the language in conservation easements for the city’s greenbelt program. Also addressed were strategies to ensure that the land stays in agriculture for future generations.

No action was taken at the June 9 meeting, and comments from commissioners indicate there’s also no clear consensus yet for how to handle this relatively new greenbelt focus. [Full Story]

Transit Connector Study: Initial Analysis

Last summer, the final piece was put in place for a four-way partnership to fund a transportation feasibility study of the corridor from Plymouth Road down to South State Street. The Ann Arbor Transportation Authority board gave approval for its $320,000 share of the study’s $640,00 price tag.

The "boomerang map" showing the Ann Arbor corridors being studied for higher quality transit options like bus rapid transit, streetcars, and monorail. (Image links to higher resolution file.)

Some early results of the “Ann Arbor Connector Feasibility Study” were presented last Tuesday evening at the Ann Arbor District Library in an open-house style format with boards and easels, complemented by a presentation from the consultant hired to perform the study, project manager Rick Nau of URS Corporation.

Nau reported that the study is currently in the needs analysis phase – traffic congestion was a phrase Nau sprinkled through his remarks during the evening. The initial needs analysis shows that the majority of the travel demand in the Plymouth-State corridors is accounted for by trips between different parts of the University of Michigan campus.

The study has not reached the point of drawing lines on maps for possible transportation routes. Instead, the representation of the area of study is a “boomerang map” stretching from US-23 near Plymouth Road to Briarwood Mall. The boomerang includes two of four “signature transit corridors” identified in the city of Ann Arbor’s Transportation Plan Update – Plymouth/Fuller roads and State Street.

Prompted by an audience question, Nau made clear that the study has not yet reached the dollars-and-cents analysis phase that will eventually come. The study is expected to be completed by December 2010 with the preliminary recommendations to be publicly presented in the fall.

Nau’s presentation focused on establishing the need for higher quality transit along the corridor and the range of technology choices available to meet that need. Those technology choices range from larger buses running along the regular roadway to elevated monorail trains. [Full Story]

Living Wage: In-Sourcing City Temps

At their March 15, 2010 meeting, the Ann Arbor city councilmembers heard an update from city administrator Roger Fraser during his regular report to them: The staffing of temporary positions administered by Manpower, a temporary staffing agency, would be be brought back in-house.

And two months later, attached to the city council’s May 3, 2010 agenda was a communication about Health and Human Services guidelines for poverty levels – there was no change this year. That means there’s no change to the minimum compensation required under the city’s living wage ordinance.

How does the living wage ordinance relate to the approximately 35-40 temporary employees who are transitioning from Manpower to the city’s payroll? It doesn’t. The city itself is not required to pay its own workers at the level stipulated by the living wage ordinance – it applies to outside contractors with the city, like Manpower.

But the majority (with some exceptions) of the transitioned workers won’t see a drop in their wages – and that’s viewed as a positive outcome by the city. On the other hand, there’s no health insurance benefits through the city for those workers – Manpower had offered a health insurance option. And a hoped-for increase in temporary workers’ wages – a move supported by some city supervisors – did not materialize, foundering on an overall budget climate that made talk of wage cuts easier than a discussion of increases.

The recent move away from the use of Manpower as an agency to staff temporary city positions provides a good excuse to review the living wage ordinance itself, and its less-than-obvious connection to the upcoming Ann Arbor Summer Festival and to the city’s recycling program. In the case of the recycling program, the city is spending several hundred thousand dollars over a 10-year period to ensure that workers for a private company operating the city’s materials recovery facility are paid in compliance with the living wage ordinance. [Full Story]

Art Commission Sets Deadline for Dreiseitl

Ann Arbor Public Art Commission meeting (June 8, 2010): With some members expressing frustration at the lack of response from German artist Herbert Dreiseitl, the city’s public art commission set a deadline for him to provide information about two interior art installations proposed for the city’s new police/courts facility. AAPAC first asked for the information, including a revised budget estimate, in October 2009.

Abracadabra Jewelry storefront on East Liberty

The Abracadabra Jewelry & Gem Gallery storefront on East Liberty, just east of Fourth Avenue. The business is being given a Golden Paintbrush award by the Ann Arbor Public Art Commission for contributing to the streetscape. (Photos by the writer)

Also at their Tuesday meeting, commissioners voted on the annual Golden Paintbrush awards, recognizing contributions to art in public places. Winners this year are Abracadabra Jewelry on East Liberty, the University of Michigan Health System, and Tamara Real, president of the Arts Alliance.

The group also discussed how to publicize a public open house set for Wednesday, June 23 from 6-8 p.m. at the downtown Ann Arbor District Library, 343 S. Fifth Ave. The event will include a talk by Chrisstina Hamilton, director of visitors’ programs for the UM School of Art & Design who also runs the Penny Stamps Distinguished Speakers Series.

Tuesday’s meeting was attended by Lee Doyle, who might be joining the commission. She’s chief of staff for the University of Michigan Office of the Vice President for Communications and a member of the UM President’s Advisory Committee for Public Art. Doyle is also a founder of the university’s Arts on Earth program, and oversees the UM Film Office. To serve on AAPAC, she would need to be nominated by mayor John Hieftje and confirmed by the city council. [Full Story]

Heritage Row Likely to Need Super-Majority

Ann Arbor City Council meeting (June 7, 2010): Speculation that the vote on the Heritage Row project would be delayed was borne out on Monday night. Without discussion, the council postponed votes on the development’s rezoning and site plan until June 21.

petition-sig-count-pud

Left in the frame, scanning through the protest petition documents, is Scott Munzel, legal counsel for Alex de Parry, developer of the Heritage Row project. De Parry is seated in the row behind with his arms resting on the bench back. In the foreground is Bradley Moore, architect for Heritage Row. (Photos by the writer.)

Councilmembers were also informed that a protest petition had been filed on Heritage Row Monday afternoon, which – once validated – would bump the requirement for approval from a simple six-vote majority to eight out of 11 council votes. Petition filers have calculated that they’ve collected signatures from 51% of adjoining property owners, weighted by land area. That exceeds the 20% required for a successful petition, but as of late Wednesday, the city had not completed its verification process for the signatures. [Update: Early Thursday afternoon, the city confirmed the 20% threshold had been met.]

In other business, the council approved increases in water and sewer rates and gave initial approval to changes in the city code language on the placement of recycling carts.

A wording change in the list of permissible uses for public land was also given initial approval, but not without discussion. Thematically related to land use was a presentation during the meeting’s concluding public commentary in response to a request for proposals (RFP) for the privatization of the city-owned Huron Hills golf course.

Also receiving discussion was an item pulled out of the consent agenda that authorized $75,000 for Ann Arbor SPARK, for economic development.

Criticism during public commentary on the appointment and nomination process used by the mayor to fill seats on boards and commissions stirred mayor John Hieftje to defend shielding individual members of those bodies from public demands.

Public commentary also elicited from Stephen Rapundalo (Ward 1) an update on the development of the Library Lot – he chairs the committee charged with overseeing the RFP process. [Full Story]

PAC Softens Stance on Fuller Road Station

Ann Arbor Park Advisory Commission working session (June 1, 2010): Members of the Ann Arbor Park Advisory Commission took another crack at drafting a resolution regarding the proposed Fuller Road Station, softening some of the language that had previously called for city council to abandon the project. The station includes a large parking structure, bus depot and possible train station for commuter rail, to be built in partnership with the University of Michigan near the UM medical complex.

The changes are in response to a plea for unity by mayor John Hieftje, who had attended PAC’s May 18 meeting where he spoke with commissioners for an hour about their concerns. He told commissioners that the city has a better chance of getting federal funding for the project if they show a united front.

PAC members have been concerned that if the project moves forward, the city would receive less revenue from UM for parking than it currently gets from the surface lots it leases to the university on Fuller Road. Those revenues support the city’s park operations. Among other issues, some commissioners are also troubled that the structure is to be built on land that’s designated as parkland, and that there’s been limited opportunity for public input.

Immediately following a June 1 meeting of PAC’s land acquisition committee, which includes all members of the commission, PAC members stayed for a working session on the Fuller Road Station. Chair Julie Grand brought a revised resolution to consider, and the group thrashed through issues and language to come up with a draft that will be discussed at PAC’s June 15 regular meeting.

In addition, commissioner Tim Berla plans to propose an alternative resolution, which he emailed to other PAC members on Monday. His resolution focuses on process – asking that the city council and staff be fully transparent in providing details about the agreement to the public. [Full Story]

Caucus: Heritage Row, Public Notice, Grass

Ann Arbor City Council Sunday night caucus (June 6, 2010): The council’s Sunday night caucus continued to draw little interest from the council itself, with only Mike Anglin (Ward 5) and Sabra Briere (Ward 1) attending.

The meeting, which is scheduled for the Sunday evening before Monday council meetings, is described on the city’s website as an opportunity “to discuss and gather information on issues that are or will be coming before them for consideration.”

alex-de-parry

Developer Alex de Parry hams it up with councilmembers Mike Anglin (Ward 5) and Sabra Briere (Ward 1) before the Sunday caucus got started. (Photo by the writer.)

Yesterday evening, what was on the minds of residents Ethel Potts, Tom Whitaker, Scott Munzel and Alex de Parry was an issue coming to the council for consideration today, Monday, June 7 – the Heritage Row project proposed for South Fifth Avenue, south of William Street. De Parry is the developer for that project and Munzel is legal counsel.

Kathy Griswold gave a report out from a recent meeting on the city’s urban forestry plan, which she had attended from the perspective of sight lines for traffic at intersections – vegetation can interfere with visibility.

During the discussion about vegetation on lawn extensions, John Floyd, who’s running for the Ward 5 seat currently occupied by Carsten Hohnke, arrived at the meeting. And Floyd was able to settle a point of good-natured disagreement on the status of corn as a grass. [Full Story]

County Settles Lawsuit with Salem Twp.

Washtenaw County Board of Commissioners meeting (June 2, 2010): In the first meeting on a scaled-back summer schedule, county commissioners passed a resolution to settle a police services lawsuit with one of three townships that sued the county in 2006.

David Trent, Salem Township clerk

At right: David Trent, Salem Township clerk, attended Wednesday's meeting and thanked commissioners for approving a settlement over the police services lawsuit between the county and township. (Photos by the writer.)

Under terms of the settlement, Salem Township will pay the county nearly $48,000 to cover the costs of sheriff deputy patrols provided by the county in 2006. The townships of Salem, Augusta and Ypsilanti sued the county that year, disputing the amount that was charged for police services. The county and the other two townships are awaiting a judgment to resolve the issue – the county is asking for $2.1 million from Ypsilanti Township and nearly $96,000 from Augusta Township.

David Trent, Salem Township clerk, attended Wednesday’s board meeting and spoke during public commentary, thanking the board for the settlement and saying he was coming forward on behalf of the township board in hopes of starting the healing process between the township and the county. Several commissioners thanked township officials for ending the dispute.

In other agenda items, only one person spoke at a public hearing on the county millage rate, which was set later in the meeting. Commissioners also approved $1.35 million in additional funding to complete the expanded jail and new 14A-1 District Court, with some discussion about issues related to parking and a new Washtenaw Avenue entrance.

And although last month commissioner Ronnie Peterson had vowed to bring a resolution to the June 2 meeting that would reestablish a county land bank, on Wednesday he told commissioners he’d been asked by board chair Rolland Sizemore Jr. to defer that action until their July 7 meeting. Saying he was respectful of that request, Peterson added, “On July 7th, I’ll be aggressive.”

The upcoming elections were mentioned, too. Commissioner Barbara Bergman chastised the Washtenaw County Road Commission for charging Scio Township $2,000 to locate a polling station for the August primary and November general election in the road commission’s Zeeb Road facility. Scio officials say they’ll find another venue, calling the road commission’s decision “disappointing at best.” [Full Story]

DDA Gives 3-Year Grant to getDowntown

Ann Arbor Downtown Development Authority board meeting (June 2, 2010): At its regular monthly meeting, the DDA board voted to approve three years worth of funding for the getDowntown program and the go!pass bus passes, which getDowntown administers for downtown employees.

russ-reaches-for-the-stars

Before the meeting of the DDA board: Russ Collins and Keith Orr. Collins is not demonstrating to Orr how to snag a foul ball at a baseball game. (Photo by the writer.)

The program is currently in a transition year as the four-way partnership that supports it was reduced to three partners when the Ann Arbor Area Chamber of Commerce dropped out last year, citing financial pressures. That leaves the city of Ann Arbor, the Ann Arbor Transportation Authority, and the Ann Arbor DDA as getDowntown funding partners.

In other business, the board approved the application of LEED certification for its underground parking garage on South Fifth Avenue, currently under construction.

The board began a discussion on a payment-in-lieu program for required onsite parking (PILOP) for downtown developments.

The board also heard a pitch from Tamara Real for additional support for a web portal currently under development by the Arts Alliance. [Full Story]

Heritage Row Vote Likely Delayed

On the published agenda for Monday’s June 7 council meeting are public hearings on two different site plans – Heritage Row and a planned project at Glacier Hills. Public hearings such as these are required to be published in a newspaper of general circulation one week before they take place.

WLNJune32010

From the June 3, 2010 edition of the Washtenaw Legal News, the published notice of the June 7, 2010 Glacier Hills and Heritage Row site plan public hearings. (Image links to wider view and higher resolution file.)

In a phone interview on Friday, city clerk Jackie Beaudry confirmed for The Chronicle that an email sent by the Ann Arbor city clerk’s office to the Detroit News – requesting publication of the notices for Sunday, May 30 – was not received by The News. Due to the Memorial Day holiday, the city clerk’s staff did not learn of the communication snafu until Tuesday. That was not in time to meet the publication requirement for the June 7 public hearings.

As a result, no vote is now expected on the site plans for those two projects at Monday’s June 7 city council meeting. The notice of public hearings for those projects, Beaudry said, was published in the June 3 edition of the Washtenaw Legal News. Those WLN notices in the June 3 edition still specify the site plan public hearings for June 7, but indications from inside city hall are that if when the hearings are opened on June  7, they’ll be left open and continued through the council’s June 21 meeting, when a vote will be taken on the site plans as well as the Heritage Row rezoning.

The zoning change for the Heritage Row project, which is considered separately from the site plan by the council and is given a separate public hearing, was properly noticed, Beaudry told The Chronicle. How can one of the public hearings receive proper notice, but the other one not, when they’re part of the same project? [Full Story]

Planning Commission: A Matter of Timing

Ann Arbor City Planning Commission (June 1, 2010): City planning commissioner Evan Pratt’s garden doesn’t have any deadlines attached to the work he does in it. So there might not be any corn this year, he says.

rain-planning-commission-deadlines

Mike Rein of Bowers + Rein spoke to the Ann Arbor city planning commission in opposition to eliminating time deadlines for planning commission and city council review of site plan submissions. (Photos by the writer.)

He was illustrating why he thought deadlines in the approval process for site plans and other petitions were a good idea.

But Pratt was the lone dissenter on the commission, which recommended that deadlines in the city’s zoning code be replaced with a standard of “reasonable time.”

The current deadlines apply to two different stages of site plan reviews. The first is the maximum time between the planning commission’s receipt of a report from city staff and the commission’s recommendation – 60 days. The second stage is the time between the planning commission’s recommendation and city council action – 30 days. The commission voted to recommend replacement of the deadlines with language that refers to a “reasonable” time.

Currently, if the bodies do not act within the prescribed time parameters, site plan petitions are considered to be recommended or approved automatically – by default. At its Tuesday meeting, the automatic approval language was recommended to be dropped from the city code.

The code changes regarding timing would now need city council approval in order to take effect.

The timing issue joins two other technical revisions to the city’s zoning code, which the planning commission voted to recommend at its previous meeting. Those revisions involve fee reimbursements associated with applications and a requirement that up-to-date drawings for site plans be publicly accessible 24/7 for a week prior to public hearings.

At Tuesday’s meeting, the commission also heard a presentation from the city’s environmental coordinator, Matt Naud, on the city’s environmental indicators. Part of the background of the presentation was a recent joint meeting of the city’s planning, energy and environmental commissions that focused on sustainability. [Full Story]

WCC President Repays $4,000 Dinner Tab

Washtenaw Community College President Larry Whitworth says he is taking full responsibility for $4,000 spent by the college on a dinner for its board of trustees annual retreat in early March. At a press briefing earlier today at his office on the WCC campus, Whitworth said he planned the retreat and therefore he – not the WCC board members – should take the blame for the expense. It has become an issue in trustee David Rutledge’s bid for the 54th District state House seat.

As first reported by The Chronicle, the board of trustees two-day retreat at the Westin Book Cadillac hotel in Detroit cost a total of $9,910.70, including dinner at the hotel’s 24grille restaurant and $5,887.43 in hotel charges. WCC’s paper The Washtenaw Voice later reported that the dinner bill included $573 worth of wine.

Whitworth said the cost of the meal was higher than anticipated due to the fact that he missed a detail on the menu that 24grille faxed him before the retreat. Specifically, he didn’t read the fine print stating that the restaurant would charge $100 per person for the meal, not including tax and gratuity. Whitworth said he expected to pay about $2,000 and was shocked when he saw the bill. [Full Story]

Infrastructure Outlook: “Train Wreck”

With revenues declining on several fronts and investments cut as a result, the infrastructure of southeast Michigan – its transit, water and sewer systems – is facing a “train wreck,” Washtenaw County commissioners were told at a recent working session.

A report from the Southeast Michigan Council of Governments, drafted by a task force on infrastructure led by county board chair Rolland Sizemore Jr., laid out steps that SEMCOG hopes to take to address the situation – including, most immediately, lobbying Lansing lawmakers to raise the state’s gas tax, which funds road construction and upkeep. The briefing prompted commissioner Jeff Irwin to express frustration at SEMCOG’s approach, which he indicated wasn’t bold enough to tackle the underlying problems that have fostered sprawl.

At their May 20 session, commissioners also got an update on what’s known as the Chevron project – a multi-year, multimillion-dollar effort to cut energy usage in county facilities. And staff of the county’s energy and economic development office asked for feedback from commissioners about what type of pilot project the county should pursue, as part of a recent federal energy grant. Some commissioners are leaning toward a solar photovoltaic installation.

The meeting also included a presentation by county administrator Verna McDaniel on a request for more funds to complete the county jail expansion and new 14A-1 District Court facility. The Chronicle covered that topic in a previous report. [Full Story]

Ann Arbor DDA: Let’s Do Development

Friday morning before the Memorial Day weekend marked the first public meeting of the city council’s so-called “mutually beneficial” committee – first created and appointed back in July 2009.

wiping-off-code-enforcement Ann Arbor DDA

Susan Pollay, executive director of the Ann Arbor Downtown Development Authority, erases "code enforcement" from the list of term sheet items the DDA wants to see discussed further. (Photos by the writer.)

And later in the afternoon, the board of the Ann Arbor Downtown Development Authority met for a retreat to give direction to its own “mutually beneficial” committee.

The two committees are charged with the task of redefining the agreement between the city and the DDA that allows the DDA to manage the city’s parking system.

From the city councilmembers’ perspective, the ball was in the DDA’s court. They were hoping that the DDA’s retreat later in the day would reduce the items on the term sheet that is supposed to underpin the city-DDA conversation.

At their retreat, the DDA board did eliminate an item on the term sheet – code enforcement, other than parking regulations, was not something for which they wanted to assume responsibility. The remaining three term sheet items – parking enforcement, provision of services, and development of city-owned property – stayed on the white board. The clearest consensus among board members seemed to be around the idea that the DDA should focus on development.

But a couple of additional items were added into the mix – issues related to Village Green’s City Apartments project. That project, located at First and Washington, has previously seen its site plan approval option to purchase extended through June 30, 2010. City council action would be required in the next month, if it’s to be extended again.

Downtown police beat patrols were also left on the board as an additional item of discussion.

At Friday’s retreat, the board heard the same message from Susan Pollay, the DDA’s executive director, that she’d conveyed at a partnerships committee meeting two weeks earlier – the reason for the DDA’s existence was to spur private investment in the downtown.

But as a group, there was an uneven embrace of that message. Some board members preferred to identify “development” as meaning something broader than building new infrastructure, suggesting that a more general “economic development” approach might also be appropriate for the DDA.

And one other idea was thrown up on the white board, but did not stick: altering the DDA district boundaries. [Full Story]

UM Regents: Housing Rates Up, Tuition Next

University of Michigan Board of Regents meeting (May 20, 2010): This month, regents met at the UM-Dearborn campus – this is their second month away from Ann Arbor, after holding their April meeting in Grand Rapids. They’ll be back at their regular location in the Fleming administration building next month, when they’ll be voting on the budget for 2010-11, including tuition rates.

Big Ten championship ring on the hand of a UM gynmast

Championship ring on the hand of a UM men's gymnast at the May 20, 2010 board of regents meeting in Dearborn. (Photos by the writer.)

During the May 20 meeting, regents approved a 3% average rate increase for room and board during the 2010-11 academic year in campus residence halls. A double room will increase from $8,924 to $9,192 – an increase of $268. The most expensive room – a single with a private bath – will cost $12,166, up $354. Rates for the Northwood apartment complex on UM’s north campus were also raised an average of 1%.

Three construction projects – including a $17.7 million expansion to the University Hospital emergency department and a new $2.5 million indoor golf practice facility – were approved, with no discussion.

A large part of the meeting consisted of presentations, including an update on how the university’s health system might be affected by recent national health care reform, and a report on the non-traditional education programs task force, which generated some comments from regents.

Several sporting achievements were highlighted at the start of the meeting, as has been the case in other recent months. Most prominently, the men’s gymnastics team attended and were congratulated for their recent NCAA championship win. The celebration included a cake, and regents were given caps – which some wore during the meeting – commemorating the achievement.

Sports-related news not mentioned during the May 20 meeting was the university’s response to allegations that its football program violated NCAA rules – the university announced that response a few days later. [Full Story]

Environmental Indicators: Trees

Editor’s Note: This is the fourth in a series of Chronicle pieces on the environmental indicators used by the city of Ann Arbor in its State of Our Environment Report. The report is developed by the city’s Environmental Commission and designed as a citizen’s reference tool on environmental issues and as an atlas of the management strategies underway that are intended to conserve and protect our environment. The report is organized around 10 Environmental Goals developed by the Environmental Commission and adopted by city council in 2007.

Ann Arbor Tree Town

This is one of Ann Arbor's more significant trees. Some readers will undoubtedly recognize it and will know its location, type, and age – which they're invited to leave in the comment section.

This month’s report is also an invitation to all readers to participate in the development of Ann Arbor’s first comprehensive Urban Forest Management Plan. A public workshop to help kick off the planning effort is being held on June 1, 2010 from 7-9 p.m. at Forsythe Middle School, 1655 Newport Road.

This spring has been exceptional with both beautiful weather and ample rain. The trees seemed to have noticed, with their early bud break in April and full canopies by mid-May. While we worried for those tender emerging leaves when the temperature dipped below freezing, the trees handled the dips in temperatures just fine and are now flourishing.

That’s good news because the city receives exceptional benefits from our trees. A recent analysis of the publicly managed trees (i.e., trees along streets and mowed areas of parks) estimated that they provide $4.6 million in benefits each year. When you factor in the cost for management, the city receives $2.68 in benefits for every $1 it spends on the municipal forestry program. We think that’s a pretty good rate of return.

What are these benefits and how were they calculated? [Full Story]

S. Fifth Ave: Historic District, Development

On May 17, 2010 the Ann Arbor city council gave final approval to the city’s FY 2011 budget.

Also that same evening, at a different public meeting away from the glitz and glamour of budget deliberations, an historic district study committee – appointed by the council in August 2009 – adopted its final report. The report recommends creation of an historic district along South Fifth and Fourth avenues, from William Street down to Packard Avenue, including the south side of Packard.

ann-arbor-historic-districts-small

The colored overlays indicate existing Ann Arbor historic districts. The question mark indicates the general vicinity of the proposed new historic district. (Image links to .kmz file from the city's data catalog, which will open in GoogleEarth, displaying all the current historic districts in the city.)

The council would still need to approve the creation of the district. The issue is currently scheduled to come before the council for a first reading on June 21, followed by a second reading on July 5. A moratorium on all construction work in the area of the study will expire on Aug. 6.

If the historic district is approved, then the Heritage Row project – a planned unit development (PUD) proposed along the east side of Fifth Avenue south of William Street – would need to win approval not just from the city council, but also from the city’s historic district commission (HDC).

Heritage Row is due to come before the city council for its second reading on June 7. It received its first reading approval from the city council on May 3 – with no discussion, but with one dissenting vote from Mike Anglin (Ward 5).

This article takes a look at the recommendation of the historic district study committee, primarily through the lens of the public hearing held on May 5 in city council chambers. The conclusion of the hearing found Scott Munzel and Alex de Parry kidding back and forth with Beverly Strassmann – over their respective remarks at the public hearing. Munzel and de Parry are legal counsel and developer for the Heritage Row project, respectively, while Strassmann is president of the Germantown Neighborhood Association.

In his public hearing remarks, Munzel had – somewhat unexpectedly – presented a case that the area recommended as an historic district should, if anything, be larger than the study committee is recommending. The issue of the possible district’s size was already controversial at the point when the committee was appointed, and continues to be a bit of a chaffing point among residents. [Full Story]

More Funds Requested for County Jail, Court

An additional $1.35 million is needed to finish up the Washtenaw County jail expansion and new 14A-1 District Court facility – beyond its original budget of $34.6 million and $1.75 million contingency. The news was delivered by county administrator Verna McDaniel at a May 20 working session of the Washtenaw County board of commissioners.

Sign at the entrance to the corrections complex off of Washtenaw Avenue

A temporary sign at the entrance to the corrections complex off of Washtenaw Avenue east of Carpenter, site of the jail expansion and new district court facility.

Unexpected costs, construction delays and lower-than-expected interest earnings contributed to the shortfall, she said. An official request for additional funding will be made at the board’s June 2 meeting.

McDaniel divided the request into two categories: 1) $495,958 for additional costs related to the original project proposal, and 2) $861,000 in costs that are considered to be outside the scope of the originally approved project.

These expenses are in addition to the staffing request made earlier this year by sheriff Jerry Clayton, and approved by the board. The expanded jail eventually will require 39 more full-time workers, bringing the total corrections division staff to 103 employees. The additional staff will increase the corrections budget by $1.478 million this year and $3.248 million in 2011, and create a projected budget shortfall in 2012 and 2013.

Commissioners were informed that additional items not covered in these requests will be addressed during the planning process for the 2012 and 2013 budget cycle. No dollar amounts were provided for those anticipated expenses. [Full Story]

City Accepts $2 Million, DDA to “Retreat”

At its May 5 board meeting, the Ann Arbor Downtown Development Authority approved a $2 million payment to the city of Ann Arbor. And about two weeks later, at its May 17 meeting, the city council used the additional revenue in the city’s FY 2011 budget to help reduce the number of planned layoffs in its police and fire departments from 35 to 5.

The $2 million payment was based on a term sheet that a “working group” of councilmembers and DDA board members had put together out of public view over the first four months of the year. The term sheet was adequate to convince a 7-member majority of the 12-member DDA board that the $2 million should be paid by the DDA to the city in advance of a long-term revision to the city-DDA contract, under which the DDA manages the city’s parking system.

The parking contract was most recently renegotiated in 2005 and provided for a maximum payment by the DDA to the city of $10 million over the period from 2005 to 2015. The city drew $10 million in the first five years and had requested in January 2009 that the DDA open discussions to renegotiate the contract.

With the term sheet now out in the open, it’s clear that its content is problematic for councilmembers and DDA board members who were not part of the working group that produced it. Several councilmembers and DDA board members alike have expressed strong opposition to one of the key ideas in the term sheet – that the DDA would assume responsibility for parking violations and other code enforcement.

But based on the term sheet discussion at the May 12 meeting of  DDA’s partnerships committee, the piece of the term sheet of most interest to DDA board members is one that is also the most politically controversial: The DDA would be acknowledged as the engine for developing city-owned land in the DDA district.

The DDA partnerships committee conversation on May 12 came against the backdrop of recent questions raised by the mayor and the city council about what kind of legal authority a DDA has in the context of the city’s system of governance.

And the outcome of the partnerships committee meeting was a decision to hold another full board retreat, this one on May 28 at 2 p.m. at the DDA board room. The general topic of the retreat, which is open to the public, will be the term sheet. The DDA already held its semi-annual retreat about two months ago, on March 16. [Full Story]

Zingerman’s Deli Expansion Moves Ahead

Ann Arbor Planning Commission meeting (May 18, 2010): Two items with ties to Zingerman’s received approval from planning commissioners at their most recent meeting: The site plan for expansion of Zingerman’s Deli, and a special exemption use for the Westside Farmers Market, located next to Zingerman’s Roadhouse.

Grace Singleton, Paul Saginaw

Grace Singleton, a managing partner of Zingerman's Deli, sits next to Zingerman's co-founder Paul Saginaw as the planning commission deliberates on a proposed expansion of the deli, which was ultimately approved. Behind Saginaw is Michael Quinn of Quinn Evans Architects, who is working on the project. (Photos by the writer.)

The farmers market has no further steps to take – it opens on June 3, from 3-7 p.m. But the approval process for the deli expansion is far from over. After seeking approval from city council for its plans, deli partners will need to circle back to the city’s historic district commission – the site is located in the Old Fourth Ward historic district. The Chronicle has previously reported on their earlier efforts down this path: “Zingerman’s: Making It Right for the HDC.”

Pending approvals, Zingerman’s hopes to break ground on the project early next year.

Also at last week’s meeting, commissioners reviewed the site plan for the Windsong affordable housing project off of Stone School Road, north of Ellsworth. They ultimately approved plans for building 32 townhomes financed in part by the Michigan State Housing Development Authority. But concerns were raised over problems that some residents in the site’s existing 12 townhomes are causing for their neighbors. Three of those neighbors spoke at a public hearing, saying they’d like a higher fence around the property, at the least, to deal better with harassment, fighting, graffiti and other issues. [Full Story]

Hearing Set on Road Commission Expansion

Washtenaw County Board of Commissioners meeting (May 19, 2010): After some debate and dissent, a resolution to set a public hearing on possibly expanding the Washtenaw County Road Commission won approval last week from a majority of county commissioners. The hearing will take place during the board’s July 7 meeting.

Verna McDaniel

Verna McDaniel took office last week as the new Washtenaw County administrator. (Photo by the writer.)

Several other measures were approved with little discussion, including setting the county’s millage rate and making changes to the Natural Areas Preservation Program ordinance. A vote on minor changes to the county’s retiree health care trust agreement led one commissioner to express concern that the program is underfunded – the topic is likely to come up at a working session later in the year.

And though the board dissolved the county land bank earlier this year, commissioner Ronnie Peterson vowed on Wednesday to reestablish the entity, saying it was a critical tool to help stabilize home ownership in eastern Washtenaw, which he represents. “I’m going to get this passed at all costs to me.”

The board met in executive session to be briefed on the status of a years-long lawsuit that the townships of Ypsilanti, Salem and August brought against the county regarding the cost of police services contracts. There was no discussion of the case during the public portion of the meeting.

There was another notable issue that was not discussed during Wednesday’s meeting, though it was addressed during public commentary by county clerk Larry Kestenbaum: The possible renaming of a county building in honor of recently retired county administrator Bob Guenzel.

And during her first meeting as the new county administrator, Verna McDaniel received praise from board chair Rolland Sizemore Jr., who said that though she had big shoes to fill, he knew she’d do an excellent job. [Full Story]

Library Board Adopts 2010-11 Budget

Ann Arbor District Library board meeting (May 17, 2010): At its May meeting, the AADL board adopted a budget for the 2010-11 fiscal year – keeping the millage rate at 1.55 mills. Though the tentative budget discussed at the board’s April meeting had projected a $200,000 shortfall, the library staff is now anticipating less of a drop in tax revenues for the coming fiscal year. That increased optimism on the revenue front means that the approved budget does not require tapping the library’s fund balance.

Board members also discussed awarding a contract for HVAC work, and heard from the representative of a company that’s not being recommended for the contract. The board revised the library district’s boundaries in the Northfield Township area, and approved new legal compliance and conflict of interest policies. [Full Story]

Hieftje Urges Unity on Fuller Road Station

Ann Arbor Park Advisory Commission meeting (May 18, 2010): During an hour-long presentation and Q&A, Ann Arbor mayor John Hieftje urged park commissioners to support the proposed Fuller Road Station, saying he’d like the city to present a unified front as they pursue federal funding for the $46 million project – a large parking structure, bus depot and possible train station for commuter rail.

Amy Kuras, Jim Kosteva

Jim Kosteva, right, talks with Ann Arbor parks planner Amy Kuras during Tuesday's meeting of the Ann Arbor park advisory commission. Kosteva, director of community relations for the University of Michigan, was on hand for a discussion of the Fuller Road Station, though he did not address the commission. (Photos by the writer.)

Heiftje’s presentation had not been on the agenda, but the commission was set to discuss a resolution that called for city council to stop the project, or at the least negotiate better terms with its partner, the University of Michigan. Several commissioners have expressed concerns about the project, which would be on city-owned property designated as parkland. Under proposed terms – which Hieftje said are not finalized – the city would receive less revenue from UM for parking than it currently gets from the surface lots it leases to the university on Fuller Road. Those revenues support the city’s parks operations.

Another public meeting on the project is set for Wednesday, June 2, from 7-9 p.m. at city council chambers, 100 N. Fifth Ave.

Also at Tuesday’s meeting, commissioners got a brief update on the urban forestry management plan – the first of two public meetings is set for Thursday at Tappan Middle School from 7-9 p.m. to get input on developing a plan to manage the city’s trees.

The artist selected for a public art project at West Park – Traven Pelletier of Lotus Gardenscapes – spoke briefly about his design. And in a third-quarter financial update for parks and recreation, commissioner Sam Offen reported that they’re in better shape than expected, needing less general fund support than they had originally budgeted for the current fiscal year. [Full Story]

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