Stories indexed with the term ‘Ann Arbor City Council’

At its April 16, 2012 meeting, the Ann Arbor city council approved four different resolutions in connection with the completion of an environmental assessment of a proposed 800-foot lengthening of the runway at Ann Arbor’s municipal airport. The main resolution was approved on a 7-4 vote. Voting for a grant contract with the Michigan Dept. of Transportation were Sandi Smith (Ward 1), Tony Derezinski (Ward 2), Christopher Taylor (Ward 3), Margie Teall (Ward 4), Marcia Higgins (Ward 4), Carsten Hohnke (Ward 5) and Mike Anglin (Ward 5). Opposing it were Sabra Briere (Ward 1), Jane Lumm (Ward 2), Stephen Kunselman (Ward 3) and mayor John Hieftje.

The city council had initially authorized funding for the assessment project at its Feb. 2, 2009 … [Full Story]

At its April 16, 2012 meeting, the Ann Arbor city council authorized a second large contract for street resurfacing work this season – $4,054,599 with Barrett Paving Materials, Inc. At its previous meeting on April 2, 2012 council had authorized a $3.6 million contract with Barrett for an initial set of streets to be resurfaced.

The second set of streets includes portions of the following: S. Seventh Street, Mt. Pleasant Avenue, Park Drive, Mt Vernon Avenue, Manhattan Drive, Meadowbrook Avenue, Martha Avenue, Palomar Drive, Catalina Avenue, Eton Court, S. Forest Avenue, Vinewood Blvd., Dorset Road, Berkshire Road, Woodside Road, Londonderry Road, Tremmel Avenue, Page Court, Pine Valley Court, Esch Avenue, and Esch Court.

The project includes a $405,000 contingency.

Also at the … [Full Story]

At its April 16, 2012 meeting, the Ann Arbor city council unanimously approved a site plan for a new Tim Hortons restaurant at 3965 S. State St. The site plan had received a unanimous recommendation for approval by the Ann Arbor planning commission at its March 6, 2012 meeting. The site is located on the east side of the street, near the intersection of State and Ellsworth.

The plan calls for demolishing a vacant building on the 2.23-acre site where previous restaurants, including Enzo’s and Gallagher’s, were located. In its place, a one-story 1,953-square-foot restaurant with drive-thru facilities would be built on a 1.18-acre site divided from the current parcel. The building would face West Ellsworth and use an existing shared drive on South … [Full Story]

At its April 16, 2012 meeting, the Ann Arbor city council voted to set a public hearing for May 7 on a tax abatement for Sakti3 – a battery technology spinoff from the University of Michigan. Sakti3 is led by UM professor Ann Marie Sastry.

According to the staff memo accompanying the resolution, Sakti3 is requesting an abatement on $151,433 of real property improvements and $1,374,861 of new personal property. If approved, it would reduce Sakti3 Inc.’s annual tax bill by $23,200 for each of three years in the recommended abatement period. The new building improvements and personal property investments would generate about $29,500 in property taxes for each year during the abatement period.

Previously, the council voted on March 21, … [Full Story]

At its April 16, 2012 meeting, the Ann Arbor city council voted to award a five-year contract for independent auditing work to The Rehmann Group – based on its $344,500 bid. The contract allows for two one-year extensions.

The recommendation to select Rehmann came from the city council’s audit committee. As The Chronicle previously reported, “… next up for committee members in 2012 will be working to come up with a recommendation on the selection of an auditing firm – the contract with Abraham & Gaffney expires with this year’s audit.”

Abraham & Gaffney, the firm that the city has used for the last few years, also bid on the work. The Abraham & Gaffney bid came in at $387,500. Two other firms … [Full Story]

At its April 16, 2012  meeting, the Ann Arbor city council gave initial approval to six separate rezoning requests associated with annexation into the city of Ann Arbor from Scio Township. The zoning change in all cases is from the township to a residential category.

Five of the properties were annexed into the city on Oct. 3, 2011 – in connection with the expansion of a well-prohibition zone due to 1,4 dioxane groundwater contamination caused by the Pall Corp.’s Wagner Road facility, formerly owned by Gelman Sciences. Those five properties are: 305 Pinewood St.; 3225 Dexter Rd.; 427 Barber Ave.; 545 Allison Dr.; 3249 Dexter Rd.

Annexation into the city allows the properties to connect to city of Ann Arbor water services. Pall … [Full Story]

At the Ann Arbor city council’s April 16, 2012 meeting, city administrator Steve Powers presented the Ann Arbor city council with his proposed budget for fiscal year 2013, which begins on July 1, 2012. He described the current situation as one where the city has emerged from the crisis of the last few years and is ready to return its focus to “sustaining our future.”

The total expenditure budget for FY 2013 – across all funds, including utilities, solid waste and the like – is proposed at $404,900,312 in revenues against $382,172,603 in expenses.

The proposed budget for the much smaller general fund – out of which the city pays for services like fire and police, planning, financial services, administration, parks and recreation – shows $79,193,112 in revenues against expenses totaling $78,869,750 for a planned surplus of $323,362. The following year, FY 2014, is currently projected to be basically a break-even year.

That’s similar to the picture that chief financial officer Tom Crawford had sketched out for the city council at a Feb. 13, 2012 work session. But he’d projected close to $1 million in net surplus – which included $1.6 million in surplus on the recurring revenue and recurring expenses side.

So the city administrator’s budget includes some additional one-time, non-recurring expenses as well as some additional costs, compared to Crawford’s February sketch. An example of a greater recurring cost is the settlement of the firefighters union contract. A more frequent mowing cycle in the parks – every 14 days instead of every 19 days – is an additional cost. An example of an additional non-recurring cost is an allocation for the local matching portion of the High Speed Intercity Rail project – the city’s current nomenclature for the Fuller Road Station, while the final site determination of such a station is still pending.

With some notable exceptions in police and fire, the proposed FY 2013 budget mostly reflects the planning done a year ago when the FY 2012 budget was adopted. (Although the city of Ann Arbor adopts annual budgets, it plans in two-year cycles.)

Highlights of the proposed FY 2013 budget that are different from the two-year plan include the addition of one police officer instead of eliminating nine positions (for an additional cost of $1,038,167). Staffing for the police department as a whole, however, will include a reduction of 19 dispatcher positions, because the city is now contracting with Washtenaw County for dispatch services. In the city administrator’s budget message to the council, the savings due to the outsourcing of dispatch operations are identified as $1,238,297. Also identified in the budget message are $477,000 in savings from labor contract settlements with the police unions.

The proposed budget also calls for maintaining the budgeted staffing for the fire department at 82 firefighters, instead of reducing firefighter positions by five positions (for an additional cost of $584,000). The recent contract settlement with the firefighters union is listed as a $229,000 additional cost – firefighters are being paid to work more hours. However, $657,000 in additional revenues to the fire department are also identified – due primarily to increased inspections and the fees associated with that. At the March 12 work session when fire chief Chuck Hubbard presented a new, three-station coverage model to the city council, he stated that he felt the ideal number of firefighters for the Ann Arbor department would be 88 firefighters.

In terms of utility rates, the drinking water, sanitary sewer, and stormwater fees are proposed to increase between 3.25% to 4.25%.

According to Ann Arbor’s city charter, the city administrator must present the city council with a proposed budget for the next fiscal year at its second meeting in April, which fell on April 16 this year. The city council then must make any amendments to the proposed budget by the second meeting in May. This year that falls on May 21. Public hearings on the budget and associated fee changes will be held at the council’s May 7 meeting. [Full Story]

At its April 16, 2012 meeting, the Ann Arbor city council gave initial approval to a proposal from AAA Michigan to rezone half of a parcel located at 1200 S. Main to P (parking). To take effect, the initial approval from the city council will need to be followed by a second and final approval following a public hearing at a subsequent meeting.

The rezoning to P (parking) is part of a two-parcel site plan proposal – for which the city planning commission provided a positive recommendation at its March 6, 2012 meeting. At that meeting, the commission took two votes on the 1200 S. Main parcel – the site plan and the rezoning proposal. And on both votes, the … [Full Story]

At its April 16, 2012 meeting, the Ann Arbor city council voted unanimously to reject a request to conditionally rezone 1320 S. University – from D2 (downtown interface) to D1 (downtown core).

The conditions on the D1 designation would have included restrictions on height and floor area that are less than what’s allowed in “unconditioned” D1. For example, the by-right height limit in D1 is 180 feet, but one condition the owner of the property – Philip Sotiroff – wanted to place on the property was a 145-foot height limit.

That 145-foot limit, however, is more than twice the limit of the parcel’s current D2 zoning, which allows buildings only as tall as 60 feet. Currently at the site – on the south … [Full Story]

At its April 16, 2012 meeting, the Ann Arbor city council gave approval to changes to the employee retirement system to accommodate recent changes to the collective bargaining agreement with its police command officers union and firefighters union. The council also gave final approval to changes to the retirement health care benefits to reflect changes to those collectively bargained agreements.

Changes to the retirement system include: (1) increasing the pension contribution of command officer members to 6% from 5%; (2) implementing a pick-up feature as permitted by the Internal Revenue Code for the pension contributions of firefighters and command officers, converting their 6% pre-tax contribution to a 6% post-tax contribution; (3) increasing the vesting and final average compensation requirements for firefighters hired … [Full Story]

At its April 16, 2012 meeting, the Ann Arbor city council gave final approval to a change in its traffic ordinance to adopt a provision of the Michigan Vehicle Code – which establishes driving with a blood alcohol content (BAC) of more than 0.17 as a separate offense from operating under the influence. The council had given its initial approval to the ordinance change on April 2.

The Michigan legislature had previously changed the MVC, which Ann Arbor has adopted, to include the separate charge for the very high BAC of 0.17. However, the legislature did not at that time change the Home Rule Cities Act to allow cities to impose the greater penalty of 180 days in jail and/or $700 fine that comes with … [Full Story]

On its April 16, 2012 meeting agenda, the Ann Arbor city council recorded in its written communications a memo from its financial services staff about the city’s living wage. The wage, as defined by city ordinance Chapter 23, Section 1:815, will be raised slightly in order to conform with the ordinance.

The new wage is set at $12.17/hour for those employers paying health insurance and $13.57/hour for those employers not paying health insurance. The previous minimum hourly rates were $11.83/hour for those employers paying health insurance, and $13.19/hour for those employers not paying health insurance. The wage is evaluated each year, and this year is the second year in a row that the wage will increase. The living wage was raised to last year’s … [Full Story]

Ann Arbor Downtown Development Authority board meeting (April 4, 2012): The absence of four out of 12 DDA board members had no effect on any outcomes at the meeting, because the board did not have resolutions on its agenda.

The meeting took place against the backdrop of the DDA’s budget presentation to the city council the following week – on April 9 – and various other ongoing projects. So the board’s agenda consisted of a collection of regular committee updates and status reports.

Those included an update on the Connecting William Street project – an initiative to explore alternative uses of a limited set of city-owned parcels currently used for parking. The DDA embarked on the project at the direction of the Ann Arbor city council in a resolution it approved about a year ago – on April 4, 2011. The DDA had wanted the ability to lead that exploration, partly in exchange for renegotiating a contract under which the DDA operates the city’s public parking system. That new contract was finally settled on May 31, 2011, and features a clause that provides the city of Ann Arbor 17% of gross revenues out of the public parking system.

Total parking revenues for fiscal year 2013 are projected at around $18 million in the budget approved by the DDA board at its meeting the previous month, on March 7, 2012. That budget was presented by the DDA at a city council work session on April 9. The budget presentation featured a review of the DDA’s history of infrastructure investment and impact on the downtown district since its formation in 1982 – over $100 million of DDA investment, accompanied by $300 million in private investment and an increase in taxable value from $89 million to $386 million.

Another work session highlight was a series of questions posed by councilmember Stephen Kunselman (Ward 3) about compliance with Ann Arbor’s ordinance that regulates how the tax increment finance (TIF) tax capture works for the DDA district. Last year, the city’s financial staff pointed to Chapter 7 of the city code, which appears to limit the amount of taxes the DDA can “capture” from the other taxing units in the district. The DDA board agreed with the city’s interpretation, and returned $473,000 in combined TIF revenues to the Ann Arbor District Library, Washtenaw Community College and Washtenaw County.

Subsequently, the DDA reversed its position and gave a different interpretation to Chapter 7. Responding to Kunselman at the work session, DDA board chair (and retired Washtenaw County administrator) Bob Guenzel told Kunselman that the DDA had informed other taxing units of the DDA’s revised position, which was not to say they agreed with the DDA, he said.

Also the focus of TIF monies captured by the DDA is a proposed development at 618 S. Main, which received a positive recommendation from the Ann Arbor planning commission on Jan. 19, 2012. The 7-story building would include 190 units for 231 bedrooms, plus two levels of parking for 121 vehicles. The developer of the project, Dan Ketelaar, has estimated that the tax on the increment between the current valuation of the property and the final built project would yield around $250,000 a year in TIF revenue to the DDA.

Ketelaar is was initially asking that in addition to reimbursement of certain costs (at around $1.4 million) within six months of the project’s completion, the DDA pledge 80% of its TIF capture money for six years – an additional $1.3 million – to support certain aspects of the project in connection with the state’s Community Revitalization Program. But subsequently, Ketelaar revised the request to include just the TIF reimbursement. So the total request, over six years, is $1.3 million. The CRP is the successor to the brownfield and historic preservation tax credit program. In order to approve the tax credit, the state would like to see a commensurate commitment from local units – and Ketelaar is proposing that it take the form of the DDA’s support.

Ketelaar has pitched his idea to the DDA board on several occasions now – first at the full board meeting on Feb. 1, 2012, and at three subsequent DDA partnerships committee meetings. DDA board members are cautious about the precedent that such a pledge might set, and the appropriateness of the DDA’s role at this early stage in the project. (Ketelaar has not yet acquired the land.) At the March 28 partnerships committee meeting, DDA board member Newcombe Clark expressed concern that, depending on the precise role defined for the DDA’s participation, the DDA could effectively be artificially inflating land values.

This report takes a look in more detail at Connecting William Street, the DDA’s April 9 budget presentation to the city council, the lingering TIF capture issue, and the 618 S. Main project, as well as odds and ends from the April 4 DDA board meeting. [Full Story]

Ann Arbor city council meeting (April 2, 2012) Part 2: At a long meeting that stretched until midnight, the council handled multiple items involving direction to city staff – one of which was related to enforcement of medical marijuana laws. All medical marijuana issues from the meeting are covered in Part 1 of The Chronicle’s meeting report.

Neither of the other two resolutions involving direction to staff got much support on the council. Failing on a 3-7 vote was a resolution that would have directed the city attorney to provide a written opinion on the transfer of funds from the city’s street millage fund to the public art fund. The resolution got support only from its sponsors, Stephen Kunselman (Ward 3) and Sabra Briere (Ward 1), who were joined by Mike Anglin (Ward 5). The council postponed a separate item that would have authorized $150,000 for a piece of art that the public art commission has recommended for the lobby of the new Justice Center.

Failing on a 4-6 vote was a resolution related to the Ann Arbor Downtown Development Authority. It directed city staff to “to review, analyze, and report on the compliance of the DDA provided TIF calculation and capture amount” – an issue that relates to excess capture of taxes identified last year. The three who supported the resolution requesting an opinion on public art were joined by Jane Lumm (Ward 2) in supporting the TIF resolution. Only 10 councilmembers attended the meeting – Marcia Higgins (Ward 4) was absent. But even if Higgins had voted for the two resolutions, they still would have failed.

Generating some controversy were two items involving automobiles. The council gave final approval to changes in parking regulations that include a provision allowing the developer of a downtown project to meet minimum parking requirements without building parking spaces on site. The alternative is to make a payment in lieu of building parking spaces, or to sign a long-term contract to purchase monthly parking permits in the public parking system. Anglin voted against the ordinance change as well as the specific policy governing the payments in lieu of parking.

On another automobile-related item, Anglin was joined by Lumm in opposing a resolution that made a formal request to the Michigan Dept. of Transportation to convert a segment of Jackson Road between Maple Road and South Revena from four traffic lanes to three. That request will move forward. In another road-related item, the council unanimously approved a $3,647,344 construction contract for the first set of streets to be repaired in the 2012 program. That will be followed at the council’s next meeting, on April 16, by a second contract for an additional set of streets.

The council also gave approval to three different site plans – for Arbor Hills Crossing on Washtenaw Avenue, Les Voyageurs near Argo Pond, and Noodles & Co. on West Stadium Boulevard.

Public commentary at the end of the meeting featured several speakers who called the council’s attention to April as Sexual Assault Awareness Month. [Full Story]

Ann Arbor city council meeting (April 2, 2012) Part 1: At a meeting that lasted until midnight, the Ann Arbor city council dealt with a full agenda, including several medical marijuana issues.

Part 1 of this meeting report focuses just on the medical marijuana-related items. In a separate article, The Chronicle has analyzed some of the key issues at stake: “Ann Arbor Marijuana Licenses: Who Decides?”

In front of the council for its consideration were three separate agenda items involving medical marijuana: (1) revisions to the city’s medical marijuana licensing ordinance as recommended by the licensing board; (2) direction to the city planning commission to make a recommendation on revisions to the city’s medical marijuana zoning ordinance; and (3) direction to the city attorney to delay enforcement action against dispensaries.

The council unanimously postponed consideration of the licensing ordinance revisions until June 18 – the council’s second meeting that month. During deliberations on the licensing ordinance, several councilmembers expressed concerns about the board-recommended revisions, in particular one that would allow the city council to waive requirements of the licensing ordinance for a dispensary.  In postponing, councilmembers wanted to give the planning commission enough time to act on its direction to review the medical marijuana zoning ordinance and give a recommendation to the city council. The intent is to bring forward any changes to the licensing and zoning at the same time.

The direction to the planning commission passed on a 9-1 vote, with dissent from the Tony Derezinski (Ward 2), who is the city council’s representative to the planning commission. [Marcia Higgins (Ward 4) was absent, leaving the 11-member council with 10 members present.]

The council tabled the resolution directing the city attorney to delay enforcement activities. The tabling was achieved on a 6-4 vote. Voting against the tabling were mayor John Hieftje, Sabra Briere (Ward 1), Margie Teall (Ward 4) and Mike Anglin (Ward 5). A tabled resolution will demise if it’s not brought back for consideration in six months.

The medical marijuana licensing board made recommendations on the award of licenses to 10 dispensaries at its  Jan. 31, 2012 meeting. Given remarks made at the council’s April 2 meeting by Sandi Smith (Ward 1), Carsten Hohnke (Ward 5) and Stephen Kunselman (Ward 3), there’s some sentiment in support of having the council go ahead and vote on those recommendations – before the council considers ordinance revisions in June. But it’s not clear whether the city attorney’s office would be prepared before June to provide advice on the license awards.

This report includes coverage of public commentary and council deliberations on the medical marijuana items, presented in detail. Other agenda items from the April 2 meeting will be included in a separate forthcoming report. [Full Story]

At its April 2, 2012 meeting, the Ann Arbor city council approved the policy by which the minimum required parking component of developments in the downtown D1 and D2 zoning districts can be satisfied off-site from the development. The city is using the acronym CIL for “contribution in lieu” to describe the option. The idea could be familiar to some readers as PILOP, or “payment in lieu of parking.” The sole vote against the resolution came from Mike Anglin (Ward 5).

If not provided on-site, the policy allows some of the minimum required parking spaces to be provided with one of two basic strategies: (1) commit to a 15-year contract with the Ann Arbor Downtown Development Authority to purchase monthly permits … [Full Story]

At its April 2, 2012 meeting, the Ann Arbor city council approved revisions to the building plans for Arbor Hills Crossing, a proposed retail and office complex at Platt and Washtenaw.

The project involves tearing down three vacant commercial structures and putting up four one- and two-story buildings throughout the 7.45-acre site – a total of 90,700-square-feet of space for retail stores and offices. Three of the buildings would face Washtenaw Avenue, across the street from the retail complex where Whole Foods grocery is located. The site would include 310 parking spaces.

According to the planning staff memo accompanying the resolution, the buildings are proposed to remain in the same configuration that the city council approved at its Nov. 21, 2011 … [Full Story]

At its April 2, 2012 meeting, the Ann Arbor city council voted to submit a request to the Michigan Dept. of Transportation to convert the segment of Jackson Road between Maple Road and South Revena from four traffic lanes to three. The request to MDOT will be shared with the Southeast Michigan Council of Governments (SEMCOG) and the Federal Highway Administration (FHWA). If the FHWA were to approve the proposed lane conversion, it would be implemented by MDOT, when the length of Jackson Road is resurfaced by MDOT from the I-94 interchange to Main Street in downtown Ann Arbor. That project is scheduled for 2013 or 2014.

The resolution was opposed by two councilmembers – Mike Anglin (Ward 5) and Jane … [Full Story]

At its April 2, 2012 meeting, the Ann Arbor city council unanimously approved the site plan for a renovation to the Habe Mills Pine Lodge, owned by the Society of Les Voyageurs.

The site had also required a rezoning, which the city council had approved at its March 19, 2012 meeting.

The property owned by the society, at 411 Long Shore Drive near Argo Pond, had been previously zoned public land, even though it’s owned by a private entity. The council approved the rezoning as a planned unit development (PUD), which allowed the group to build a a 220-square-foot, one-story addition to the rear of the existing lodge, on its east side. The site plan for that addition was the subject of the council’s April 2 … [Full Story]

At its April 2, 2012 meeting, the Ann Arbor city council postponed a vote on the use of $150,000 for a public art project in the lobby of the new municipal building called the Justice Center, located on the northeast corner of Huron Street and Fifth Avenue in downtown Ann Arbor. The Justice Center, a new building next to city hall, houses the 15th District Court and the Ann Arbor police department. The postponement will be for one month, until the council’s first meeting in May – May 7.

Because it houses the district court, the building features airport-style security measures at the entrance, and visitors must surrender electronic devices like cameras and cellphones to be locked in cubicles during their visit … [Full Story]

At its April 2, 2012 meeting, the Ann Arbor city council authorized the purchase of four vehicles for police detectives for a total of $97,383. One of the vehicles was sourced from Red Holman Buick/GMC – a 2012 GMC Acadia for $28,620. The other three were purchased from Signature Ford – a 2013 Ford Explorer for $26,951, a 2013 Ford Taurus for $24,098 and a 2012 Ford Fusion for $17,714.

The city’s contract with the police unions requires that vehicles used by union members will not be driven more than 80,000 miles or six years, whichever comes first. And in the case of the four vehicles being acquired, they’ll replace vehicles that will reach the six-year age limit in the next … [Full Story]

At its April 2, 2012 meeting, the Ann Arbor city council voted to award the $3,647,344 construction contract for its 2012 street resurfacing program to Barrett Paving Materials Inc. The engineer’s estimate for the project was $3,850,835. Barrett’s was the lowest of three bids. Ajax Paving Industries Inc. had bid $3,757,748 and Cadillac Asphalt LLC had bid $4,029,089. The money for the project comes primarily from the city’s street resurfacing millage. This is the first of two contracts that the council will be asked to approve – the next one with additional streets will be presented to the council at the April 16 meeting.

The 2012 resurfacing program includes the following major streets: Huron Parkway (Hubbard Street to Glazier Way); Fifth Avenue (Huron Street to … [Full Story]

At its April 2, 2012 meeting, the Ann Arbor city council gave unanimous approval to a site plan for a new Noodles & Co. restaurant at 2161 W. Stadium Blvd. – site of the former Sze-Chuan West, a building adjacent to Bell’s Diner and Stadium Hardware.

The proposal calls for demolishing the existing 4,300-square-foot restaurant and building a new 2,679-square-foot one-story restaurant with a 615-square-foot enclosed patio at the front of the building. The 1.15-acre site is located on the west side of West Stadium, south of Liberty. The project would also reconfigure the existing parking lot and provide additional landscaping.

The planning commission had given a unanimous recommendation for approval at its March 6, 2012 meeting.

This brief was filed from the city council’s chambers … [Full Story]

At its April 2, 2012 meeting, the Ann Arbor city council rejected a resolution on a 3-7 vote that would have directed the city attorney to provide a written legal opinion on the transfer of funds from the dedicated street millage fund for use in the city’s public art program. The city’s Percent for Art ordinance stipulates that 1% of all capital project budgets be allocated for public art, up to a limit of $250,000 per project. The legal basis for the program, which relies on taking monies from dedicated millages and fees to serve the purpose of public art, has been sharply questioned.

Since being hired as city attorney, Stephen Postema has circumvented Ann Arbor’s city charter requirement that written legal opinions … [Full Story]

At its April 2, 2012 meeting, the Ann Arbor city council declined to pass a resolution that would have asked city staff to verify the compliance of the Ann Arbor Downtown Development Authority with the city’s ordinance that governs how the DDA’s tax capture works. In declining to pass the resolution, the council gave its implicit approval to the DDA’s interpretation of the ordinance, which the DDA currently claims does not, in fact, limit its tax capture.

That’s a reversal of both the DDA and the city’s position from last May, when city financial staff pointed out the implications of the city ordinance. The result was a computation of excess TIF capture of over $1 million. The city of Ann Arbor … [Full Story]

At its April 2, 2012 meeting, the Ann Arbor city council considered three separate agenda items involving medical marijuana: (1) revisions to the city’s medical marijuana licensing ordinance; (2) direction to the city planning commission to make a recommendation on revisions to the city’s medical marijuana zoning ordinance; and (3) direction to the city attorney to delay enforcement action against those dispensaries for which the city’s medical marijuana licensing board has recommended licenses.

The council unanimously postponed consideration of the licensing ordinance revisions until the council’s second meeting in June – June 18.

The council approved the  resolution that gives direction to the planning commission to review the medical marijuana zoning ordinance, on a 9-1 vote.

The council tabled the resolution directing the … [Full Story]

At its April 2, 2012 meeting, the Ann Arbor city council gave initial approval to changes to the employee retirement system to accommodate recent changes to the collective bargaining agreement with its police command officers union and firefighters union. The council also gave initial approval to changes to the retirement health care benefits to reflect changes to those collectively bargained agreements.

Changes to the retirement system include: (1) increasing the pension contribution of command officer members to 6% from 5%; (2) implementing a pick-up feature as permitted by the Internal Revenue Code for the pension contributions of firefighters and command officers, converting their 6% pre-tax contribution to a 6% post-tax contribution; (3) increasing the vesting and final average compensation requirements for firefighters … [Full Story]

At its April 2, 2012 meeting, the Ann Arbor city council gave initial approval to a change in its traffic ordinance to adopt a provision of the Michigan Vehicle Code that establishes driving with a blood alcohol content (BAC) of more than 0.17 as a separate offense from operating under the influence.

The Michigan legislature had previously changed the MVC, which Ann Arbor has adopted, to include the separate charge for the very high BAC of 0.17. However, the legislature did not at that time change the Home Rule Cities Act to allow cities to impose the greater penalty of 180 days in jail and/or $700 fine that comes with the BAC 0.17 charge. But in February 2012, the legislature made the change … [Full Story]

At its April 2, 2012 meeting, the Ann Arbor city council gave final approval to changes to its off-street parking code. Mike Anglin (Ward 5) was the sole dissenting vote.

The first change reduces the exceptions allowed for front open-space parking for sites that have more than one front lot line. Currently, a site with three frontages can have a parking area for two of the frontages – between the building face and the public right of way. The code revision would limit parking areas to a single frontage.

The second change requires that any new driveways serving drive-up windows in the front open space of a site be no wider than 12 feet and provide a raised sidewalk with bollards where the … [Full Story]

The Ann Arbor city council’s April 2, 2012 agenda will touch on three areas that have previously generated substantial debate on the council and throughout the community: (1) medical marijuana; (2) funding of public art; and (3) calculation of the tax increment finance (TIF) capture by the Ann Arbor Downtown Development Authority.

Medical marijuana is the subject of three different agenda items. The first has previously been postponed twice – at the council’s March 19 and March 5 meetings. It would direct the city attorney to delay enforcement of the Michigan Medical Marijuana Act, as well as the city’s licensing and zoning ordinances (with one exception), until the city council has acted on possible amendments to the city’s local ordinances on medical marijuana.

Amendments to those ordinances, as recommended by the city’s medical marijuana licensing board at its Jan. 31, 2012 meeting, are covered in two other items on the April 2 agenda. One item includes a series of amendments to the licensing ordinance, which in part help clarify the role of city staff, as compared to the licensing board, in the licensing process. The council will be considering the amendments for the first time at the April 2 meeting. If approved, the amendments would require a second and final approval by the council at a subsequent meeting before taking effect.

The other agenda item regarding the city’s ordinances on medical marijuana is not itself a proposed amendment. Instead, the council resolution would give direction to the city planning commission to review the recommended revision to the zoning regulations for medical marijuana businesses. That’s because it’s the purview of the city planning commission to review changes to the zoning code. The planning commission would then forward its recommendation to the city council.

Added to the agenda on Friday were two items that Stephen Kunselman (Ward 3) had announced at the council’s previous meeting, on March 19, that he would be bringing forward. The first is a resolution that would direct the city attorney to prepare a written opinion on the transfer of funds from the street millage fund to the city’s public art fund. It’s a point of contention that has a history going back at least two and a half years. Kunselman’s resolution refers to the context of the fiscal year 2013 budget, which the council will be presented by the city administrator on April 16. The council will need to act on that budget by the end of May.

Another item on the agenda that’s related to public art is the approval of a $150,000 sculpture for the interior of the new municipal center, in the Justice Center building. And finally, the report from the public art commission’s planning retreat, held on Feb. 26, 2012, is attached to the council’s agenda as a communication.

The second item added to the agenda by Kunselman on Friday directs the city staff to analyze the compliance of the Ann Arbor DDA with Chapter 7 of the city’s code, which is the legislation that established the DDA in 1982. Kunselman’s resolution asks for an analysis by Ann Arbor city staff of the DDA’s capture of taxes in its tax increment finance (TIF) district. The DDA is slated on April 9 to present its board-approved FY 2013 budget at a city council working session.

Chapter 7 appears to impose a limit on the amount of TIF capture, based on the rate of growth of property valuation inside the DDA district. Last year, when the relevance of the ordinance was pointed out by city financial staff, the DDA returned over $400,000 to other taxing authorities in the district. The city of Ann Arbor waived its share of over $700,000.

However, the DDA subsequently has contended that the money it reimbursed to other taxing authorities was not required. The DDA claims that Chapter 7 does not impose a limit on TIF capture, but rather addresses how money would be returned to other taxing authorities, if the DDA did not use the money. At stake this year and in future years is several hundred thousand dollars, depending on how the calculations are done. The Ann Arbor District Library, one of the taxing authorities whose taxes are subject to DDA capture, has publicly stated that it has not changed its original legal position – which interprets Chapter 7 as a limit on TIF capture and questions the methodology used by the DDA to calculate the excess.

The April 2 Ann Arbor city council meeting begins at 7 p.m. in city council chambers on the second floor of city hall, located at 301 E. Huron. The meetings are broadcast live on Channel 16 of the Community Television Network. The Channel 16 broadcast is also streamed live on the Internet. [Full Story]