Stories indexed with the term ‘Ann Arbor City Council’

FDD Contract Extended for CDM Smith

A contract extension with CDM Smith Inc. for continued work as part of Ann Arbor’s footing drain disconnection (FDD) program has been approved by the city council. The vote at the council’s June 2, 2014 meeting was 6-2, over dissent from Jack Eaton (Ward 4) and Sumi Kailasapathy (Ward 1). Mike Anglin (Ward 5) was absent.

It had previously been postponed at the council’s May 5, 2014 meeting, to be taken up again on June 2. During the postponement, the dollar amount of the contract extension had been reduced from $748,106 to $143,440. That reflects a reduction in the scope of the work. The original May 5 resolution called for the following activities to be funded: citizen support ($36,928); FDD … [Full Story]

State Street To Be Studied as Transportation Corridor

Parsons Brinckerhoff Michigan Inc. will conduct a study of the South State Street transportation corridor in Ann Arbor as a result of city council action to approve a $299,911 contract at its June 2, 2014 meeting.

The 1.3-mile long area of the study extends from the intersection of Ellsworth Road and South State Street north to the intersection of Oakbrook Drive and South State Street. The money to pay for the study will be drawn in equal parts from the current fiscal year and next year’s general capital fund budget. The study will take a year, starting in June 2014.

The goal of the study is focused on transportation needs in the corridor and to provide base conceptual engineering plans for the … [Full Story]

Next Step for Stone School Sidewalk Assessment

Direction to set a roll for a special assessment of property owners on Stone School Road for construction of a sidewalk has been given approval by the Ann Arbor city council.

As part of a road reconstruction project for Stone School Road, the city is planning to install a sidewalk on the west side of the road. And to fund the sidewalk construction, part of the cost will come from a special assessment of property owners. The extent of the project on Stone School Road runs from I-94 to Ellsworth Road. Construction is planned during the 2014 and 2015 construction seasons.

Action came at the council’s June 2, 2014 meeting.

The project is being funded in part through a federal surface transportation grant, … [Full Story]

Delta Gamma Project Gets Final Approval

Final approval of a rezoning request for 515 Oxford – to convert a house for use as an annex to the Delta Gamma sorority – has been given by the Ann Arbor city council. The main sorority house is located nearby at 626 Oxford. Action came at the council’s June 2, 2014 meeting. At the same meeting, the council approved the site plan for the same project. The site plan had been recommended for approval by planning commissioners on April 15, 2014.

Delta Gamma, Ann Arbor planning commission, The Ann Arbor Chronicle Aerial view showing the location of 515 … [Full Story]

Ruth’s Chris Site Plan OK’d

The site plan for a new Ruth’s Chris Steak House on Fourth Avenue in downtown Ann Arbor has received approval from the city council. Action came at the council’s June 2, 2014 meeting. The city’s planning commission recommended approval at its April 1, 2014 meeting.

 Ruth's Chris Steak House, Ann Arbor planning commission, The Ann Arbor Chronicle

Proposed facade of Ruth’s Chris Steak House at 314 S. Fourth Ave.

The site plan calls for renovating the single-story building at 314 S. Fourth Ave. and putting up a 1,943-square-foot second-floor mezzanine addition over the front part … [Full Story]

Council OKs FY 2014 Budget Adjustment

In a routine procedure, the Ann Arbor city council has amended the current fiscal year’s budget – FY 2014, which ends June 30, 2014 – to ensure that expenditures do not exceed appropriated amounts. The amendment ensures compliance with Public Act 621 of 1978.

The total general fund budget amendment was $60,000. For all other funds, the amendment approved by the council at its June 2 meeting totals $310,000.

The non-general fund amount will cover right-of-way maintenance and purchase of materials that were necessary to deal with the severe winter weather.

The general fund amount was the city’s cost for the Ann Arbor Area Transportation Authority’s special election held on May 6. That amount will eventually be reimbursed by Washtenaw County – which … [Full Story]

Tree Town OKs Urban Forestry Plan

The city’s first comprehensive plan for managing Ann Arbor’s urban forest has been given approval by the city council. Action came at the council’s June 2, 2014 meeting. The Ann Arbor park advisory commission had recommended adoption of the plan at its meeting on April 15, 2014. [.pdf of Urban & Community Forest Management Plan]

An urban forest is defined as all the trees, shrubs and woody vegetation growing along city streets, in public parks and on institutional and private property. In Ann Arbor, about 25% is on public property, with 75% on private property. Based on a U.S. Dept. of Agriculture Forest Service i-Tree Eco Analysis done in 2012, Ann Arbor’s urban forest has an estimated 1.45 million trees. It creates a … [Full Story]

Farmers Market Food Stamp Grant OK’d

An agreement with the Fair Food Network to continue administering the Double Up Food Bucks program at the Ann Arbor farmer’s market has been given approval by the Ann Arbor city council. The council’s action, taken at its June 2, 214 meeting, included the acceptance of $32,000 in funding.

The Double Up name stems from the fact that it provides a match of up to $20/person/day for people using SNAP (Bridge cards/EBT/food stamps) to purchase Michigan-grown produce at farmers markets in Michigan.

The city of Ann Arbor has received Double Up Food Bucks grant funding since 2010.

This brief was filed from the city council’s chambers on the second floor of city hall, located at 301 E. Huron.

Council Rejects City Hall Renovation

The Ann Arbor city council has passed a resolution that asks the city planning commission to remove a “reskinning” project for the city hall building from the capital improvements plan (CIP) for FY 2017 and FY 2018. The vote came at the council’s June 2, 2014 meeting, over dissent from Margie Teall (Ward 4).

The item had been postponed from the council’s May 19, 2014 meeting.

According to a staff memo written in response to a councilmember question, reskinning of the Larcom City Hall building would mean replacing the existing exterior walls and windows of the building. The result would be new squared-off exterior, eliminating the inverted pyramid design. The new exterior would hang vertically from the sixth floor.

The focus of … [Full Story]

Library Lot Proceeds OK’d for Affordable Housing

A policy for distributing the proceeds from the sale of development rights on the Library Lane lot in downtown Ann Arbor has won approval from the Ann Arbor city council. The proposed policy, approved on a 7-3 vote, sets aside 50% of the net proceeds of the sale to the city’s affordable housing trust fund.

At least 50 people attended the council meeting in support of the resolution, and four people spoke in support of the resolution during public commentary reserved time at the start of the meeting.

The council has already directed the city administrator to hire a real estate broker to explore selling the rights to develop the site – above the Library Lane underground parking structure, which was … [Full Story]

Council Gives Support to LDFA Extension

Ann Arbor city councilmembers have given their support to the local development finance authority’s application to the Michigan Economic Development Corp. to extend the life of the LDFA’s tax capture arrangement for up to 15 years. Without an extension, the LDFA would end in 2018.

Action came at the council’s June 2, 2014 meeting after about 20 minutes of deliberation that concluded just before 11 p.m. Carrie Leahy, chair of the LDFA board, and Ann Arbor SPARK CEO Paul Krutko were on hand to answer councilmember questions. The voice vote by the council passed over dissent from Sumi Kailasapathy (Ward 1).

Ann Arbor’s local development finance authority is funded through a tax increment finance (TIF) district, as a “certified technology park” described … [Full Story]

City Extends Contract for Community Centers

Ann Arbor’s Northside and Bryant community centers will be operated for another five years by the Community Action Network (CAN) as a result of city council action on June 2, 2014. The partnership between the city and CAN had been recommended for approval by the Ann Arbor park advisory commission at its May 20, 2014 meeting.

The agreement is for CAN to continue operating the city’s Bryant and Northside community centers, which the nonprofit has been managing since 2008. The proposed amount is not to exceed $130,000 annually – an increase of $25,000 from the current agreement. The higher amount is included in the FY 2015 general fund budget for parks and recreation that the city council approved … [Full Story]

Housing Commission Rezoning Gets Initial OK

Initial approval to the rezoning of three Ann Arbor Housing Commission properties has been given by the city council. The planning commission had recommended the rezonings at its May 6, 2014 meeting. City council action came at its June 2, 2014 meeting.

The current PL (public land) zoning for some of the properties is a vestige of the AAHC properties’ status as city-owned land. The city council approved the transfer of deeds to the AAHC at its June 2, 2013 meeting. The three sites given initial rezoning approval on June 2 are part of the housing commission’s major initiative to upgrade the city’s public housing units by seeking private investors through low-income housing tax credits.

Rezoning is in progress for … [Full Story]

Drive-Thru Ordinance Gets Final Approval

Final approval of amendments to Ann Arbor’s zoning ordinance related to drive-thrus has been given by the city council. Among other things, the amendments add a definition of a “drive-thru facility” to Chapter 55 of the city code. Currently, the term used throughout the code is “drive-in,” which is not explicitly defined in the code. Action came at the council’s June 2, 2014 meeting.

The revisions define a drive-thru in this way: “Any building or structure, or portion thereof, that is constructed or operated for the purpose of providing goods or services to customers who remain in their vehicle during the course of the transaction.” The revisions also clarify that a drive-thru is an accessory use, not the principle use of … [Full Story]

Higher Ann Arbor Utility Rates OK’d

Higher utility rates – for water, sewer and stormwater – have received final approval by the Ann Arbor city council in action taken at its June 2, 2014 meeting.

Water rates will increase across all tiers of consumption. For the first 7 “units” of water, the charge is will increase from $1.35 to $1.40. For the next 21 units, the charge is proposed to increase from $2.85 to $2.96 per unit. And for the 17 units after that, the increase is proposed to be from $4.88 to $5.08. A unit is 100 cubic feet, which is 748 gallons.

Sewer rates will increase from $3.65 to $3.85 per unit. And stormwater fees would increase for all tiers of impervious service. For the middle … [Full Story]

June 2, 2014: Council Live Updates

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

June 2, 2014: City Council Meeting Preview

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Taxicab Board Considers Rates, Drivers

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Column: Time to Fix Eligibility Rules

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

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

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

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

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

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

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

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

Judge Puts Dascola on Ward 3 Ballot

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

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

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

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

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

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

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

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

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

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

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

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

Judge: Dascola on Ward 3 Ballot

Judge Lawrence Zatkoff has ruled in an election lawsuit filed by Bob Dascola against the city of Ann Arbor that the city cannot bar Dascola from the Ward 3 city council Democratic primary ballot based on city charter eligibility requirements that were ruled null and void in the early 1970s.

From the opinion: “Plaintiff has provided compelling evidence that Defendants have used void provisions of the Charter in an attempt to preclude him from running for City Council. Further, remedies available at law would not compensate Plaintiff for his inability to run for City Council. Finally, as established above, the balance of hardships between the parties – and the public interest at large – warrant this Court enjoining Defendants from enforcing … [Full Story]

City Council Passes FY 2015 Budget

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

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

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

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

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

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

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

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

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

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

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

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

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

Ann Arbor Council Opposes Oil Drilling

The Ann Arbor city council has passed a resolution opposing the oil exploration and drilling proposed by West Bay Exploration under MDEQ permit application #AI40053. The action took place at the council’s May 19, 2014 meeting.

The drilling would not take place inside the city limits, as the city is empowered by the state to prohibit drilling, which it does through the city code. However, the location in Scio Township is within two miles from the city limits and less than a mile from the Huron River, which is the source of the majority of the city’s drinking water. And the state zoning enabling act – as revised in 2006 – deprives townships and counties of the ability to regulate drilling.

Opposition to … [Full Story]

Ann Arbor Sidewalk Projects Get Action

Three sidewalk projects were the topic of different agenda items at the Ann Arbor city council’s May 19, 2014 meeting: Barton Road, Scio Church and Newport Road.

A public hearing on the Newport Road sidewalk special assessment, which started on May 5, continued at the council’s May 19 meeting. For the sidewalk segment on Newport Road, the council had approved at its April 21, 2014 meeting a resolution directing the city assessor to prepare a special assessment roll of properties to be assessed.

The total amount to be special assessed for the Newport Road project is $49,746. But residents of the Newport Creek Site Condominium – who would not ordinarily be assessed, as their property isn’t adjacent to the sidewalk – … [Full Story]

Increased Fees Get Council OK

Fees for community and public service areas have been given approval by the Ann Arbor city council at its May 19, 2014 meeting.

For community services, increases affected stall fees at the Ann Arbor public market (farmers market). The basic annual fee for renting a stall was $300. It was increased to $450 – a 50% increase.

The farmers market stall fee increase is projected to generate $26,000 in additional revenue. However, this additional revenue has not been assumed in the proposed FY 2015 budget.

According to the staff memo accompanying the agenda item, “market fees were last increased in 2009 and have not kept pace with the overall increase of annual operating costs during this same time period.” A comparative analysis of … [Full Story]

Increased Utility Rates Get Initial OK

Higher utility rates – for water, sewer and stormwater – have been given initial approval by the Ann Arbor city council. Action on the annual setting of the rates came at the council’s May 19, 2014 meeting. A final approval of the rates will come at the council’s June 2 meeting.

Water rates will increase across all tiers of consumption. For the first 7 “units” of water, the charge is will increase from $1.35 to $1.40. For the next 21 units, the charge is proposed to increase from $2.85 to $2.96 per unit. And for the 17 units after that, the increase is proposed to be from $4.88 to $5.08. A unit is 100 cubic feet, which is 748 gallons.

Sewer rates … [Full Story]

Ann Arbor OKs FY 2015 Human Services Funding

Funding allocations to nonprofits have been approved by the city of Ann Arbor for the 2015 fiscal year. The roughly $1.2 million in general fund money was allocated as part of a coordinated funding approach for human services, in partnership with several other local funders.

The city is one of the original five partners in the coordinated funding approach. Other partners include Washtenaw County, United Way of Washtenaw County, Washtenaw Urban County, and the Ann Arbor Area Community Foundation. It began as a pilot program in 2010.

City council action came at its May 19, 2014 meeting.

This year, 105 applications were submitted by 50 local organizations totaling $8,732,389 in requested funding, according to a staff memo. A review committee recommended that … [Full Story]

Ann Arbor OKs New Pension, Health Care Policy

New policies for making contributions to the pension and retiree health care plan have been adopted by the Ann Arbor city council. The new polices are intended to ensure that the plans are eventually fully funded.

The policy would set the funding at the higher of two different figures: (1) the Actuarial Required Contribution (ARC) rate; or (2) the existing level of contributions adjusted for the change in general fund revenues. That would have an impact of establishing a minimum increase in funding of 2% per year.

Action came at the council’s May 19, 2014 meeting.

The operative language in the policy is:
If the General Fund revenues are projected to increase less than 2%, the city’s contribution shall increase 2%; thereby establishing a … [Full Story]

Winter Damage Money OK’d by Ann Arbor Council

The Ann Arbor city council has approved an allocation to address the needs that resulted from the severe winter weather.

The resolution, approved by the council at its May 19, 2014 meeting, allocates money from the fund balance reserves from three sources: $1.7 million from the major street fund, $638,000 from the local street fund, and $666,000 from the water fund. Those amounts include $461,171 from the state of Michigan.

According to the staff memo accompanying the resolution, compared to last year there was a 36% increase in water main breaks and a 950% increase of broken water services. Compared to the previous two years winters, the 2013-14 winter had 272% more snow and a 450% increase in required plowing. That meant … [Full Story]

Pontiac Trail Reconstruction Moves Ahead

Two contracts related to a north Ann Arbor street reconstruction project were given approval by the city council at its May 19, 2014 meeting. The Pontiac Trail project is now expected to begin in June of 2014 and be completed by fall of 2014.

The council approved $2,605,190 contract with Evergreen Civil LLC for construction of the project. A $46,879 contract with Professional Services Industries Inc. was also approved for testing of materials used in the project.

According to the staff memo accompanying the resolution, the project includes reconstruction of Pontiac Trail beginning north of Skydale Drive to south of the bridge over M-14/US-23. The project also includes extending water mains and sewer pipes, as well as construction of new sidewalk along … [Full Story]