Stories indexed with the term ‘Ann Arbor Downtown Development Authority’

DDA Picks Two Firms for Streetscape Planning

SmithGroupJJR and Nelson\Nygaard have been selected by the Ann Arbor Downtown Development Authority to work on a streetscape plan for the city’s downtown. Action to select the two firms came at the DDA board’s Nov. 6, 2013 meeting.

A budget for the project was authorized by the board at its July 3, 2013 meeting – $200,000 over the next two years. The Nov. 6 resolution sets a not-to-exceed amount of $150,000 and indicates that the project scope still requires refinement. The resolution establishing the budget referred in general terms to the DDA’s development plan, which the resolution characterized as including “identity, infrastructure, and transportation as key strategies, and also recognized that an enjoyable pedestrian experience is one of downtown’s … [Full Story]

Revised 624 Church St. Gets Parking OK

A revision to a proposed residential development at 624 Church St. in downtown Ann Arbor has resulted in approval by the Ann Arbor Downtown Development Authority board for the purchase of additional monthly parking permits – up to 48 such permits. The action was taken at the DDA board’s Nov. 6, 2013 meeting. The spaces will be provided in the Forest Avenue parking structure.

The original proposal for 624 Church, which received site plan approval from the city council at its March 4, 2013 meeting, was for a 13-story, 83-unit apartment building with approximately 181 beds. And for that version, the Ann Arbor DDA had authorized the project to purchase up to 42 monthly permits through the city’s contribution-in-lieu (CIL) … [Full Story]

Nov. 7, 2013 Ann Arbor City Council: Preview

The Nov. 7, 2013 meeting of the Ann Arbor city council is the last one with the current composition of the 11-member council. The agenda is relatively heavy, featuring at least 34 voting items. This preview includes a more detailed explanation of several of those items, but first provides a thematic overview.

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 online agenda management system. Image links to the Nov. 7 meeting agenda.

The city’s downtown factors prominently on the agenda in at least three ways. The city council will be asked to consider passing a resolution to direct the city administrator to negotiate a sales agreement for the city-owned property on William Street between Fourth and Fifth avenues, known as the old Y lot. The council will also be considering a revision to the city ordinance regulating the tax increment finance (TIF) capture of the Ann Arbor Downtown Development Authority. That’s been under consideration by the council since February, but now a committee of councilmembers and DDA board members has put forward a competing recommendation, which will also be on the Nov. 7 agenda.

Also related to downtown, the council will be formally accepting a report completed by the city’s park advisory commission with recommendations on downtown parks.

Non-motorized issues also factor prominently as a theme of the Nov. 7 agenda. In addition to an update of the city’s non-motorized transportation plan, the council will consider establishing a pedestrian safety task force. The council’s agenda also includes the first of a series of resolutions for two separate sidewalk projects – one on Stone School Road and another on Scio Church Road. The council’s resolutions for those projects, directing the design work and detailed cost estimates, are the first actions necessary for some of the funding of the sidewalks to be special assessed to the adjacent property owners.

An additional project related to non-motorized issues, but not obviously so, is a contract with the Michigan Dept. of Transportation to resurface a portion of Huron Street from Main Street westward as Huron becomes Jackson Avenue on to I-94, as well as a section of South Maple. The intent is to re-stripe the roadway, reducing the lanes from four to three and adding bicycle lanes.

The sidewalk and street projects are among several capital improvement-related items on the agenda, including one that would help stabilize the earthen berm adjacent to Barton Dam. The council will also be considering a half dozen resolutions that will authorize applying for state grants that could fund capital asset projects for the city.

In addition to the items related to the city’s physical infrastructure, the council has several items that could be described as relating to the city’s social infrastructure. Those items relate to grants from the state and federal government to the 15th District Court for several of its specialty courts that focus on drug offenses, domestic violence, and veterans issues. The council will also be asked to approve a modified continuation of its coordinated funding approach to human services.

The agenda includes some council initiatives announced at the council’s previous meeting on Oct. 21. One of those is a resolution requesting that the University of Michigan decommission a recently constructed digital billboard near the football stadium.

Another one is a resolution directing the education of city officials on professional conduct. Related tangentially to those ethical considerations are the approvals of new bylaws for two of the city’s boards and commissions – the planning commission and the design review board.

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

Ann Arbor Grinds Gears But OKs Rail Study

Ann Arbor city council meeting (Oct. 21, 2013): The council did not adjourn its meeting until just before 1 a.m., but still left itself with unfinished business.

Mayor John Hieftje checked his computer screen before the meeting started. Six hours later, the meeting adjourned.

Mayor John Hieftje checked his computer screen before the meeting started. Six hours later he declared the meeting adjourned. (Photos by the writer.)

Some of that business – the Ann Arbor Downtown Development Authority ordinance revision on TIF (tax increment financing) capture – was postponed until the council’s next meeting, on Nov. 7. Other business – Ypsilanti Township’s membership in the AAATA – was postponed until Nov. 18. That will be the first meeting of the new, post-election composition of the council.

First, here’s a rundown of the main outcomes from the meeting.

Transportation was a main theme on the agenda. The postponement on admitting Ypsilanti Township as a member of the Ann Arbor Area Transportation Authority was the clear majority consensus, as it succeeded on an 8-3 vote. After that, the council voted unanimously to approve a contract with URS Corporation Inc. (URS) to conduct the Ann Arbor Station project environmental review. The total approved for the Ann Arbor Station contract – which will cover public engagement, site selection and conceptual design – was $824,875, an amount that includes a $63,083 contingency.

The city would pay 20% of that, or about $165,000. The remainder will be covered by a federal grant. The council’s unanimous support was based on two factors: (1) the fact that there was to be no presupposed preferred alternative location for the station, and (2) that the public engagement process outlined in the project tasks was thorough.

The council also voted unanimously to give final approval to a change in the city’s sidewalk ordinance. As a result, cross-lot walkways in Ann Arbor will now be treated as “sidewalks” from the perspective of the city’s sidewalk repair millage. Even though the millage funds can now be used to repair the walkways, owners of property adjacent to cross-lot walkways will not bear responsibility for snow removal in the winter. Cross-lot walkways include those that connect streets to parks or school property, or connect two parallel streets.

The Ann Arbor DDA figured in other agenda items beyond the postponed vote on TIF capture. The council voted just 7-4 to approve a new budget allocation of $280,000 from the general fund to pay for a portion of a Main Street light pole replacement project. That didn’t meet the eight-vote majority requirement for the budget allocation to pass. The failed vote was the result of political wrangling between the council and the DDA board and staff over whether the DDA would not be able, or simply was unwilling, to fund the total cost of the $580,000 light pole replacement project. The poles are rusting out and pose some level of safety threat, although those deemed to be in immediate danger of falling have already been replaced.

The Ann Arbor DDA was also the topic of another agenda item – when the council voted 8-3 to reconsider its Sept. 16 vote on the appointment of Al McWilliams to the board of the DDA. On the 8-3 vote, the question of the appointment was again in front of the council. Councilmembers took 20 minutes to discuss the item before voting again 6-5 – along the same split as on Sept. 16 – to appoint McWilliams to the board. The 8-3 split on reconsideration was the same 8-3 split as on the postponement of the Ypsilanti Township membership in the AAATA – with mayor John Hieftje, Christopher Taylor (Ward 3) and Margie Teall (Ward 4) declining to join the majority on both occasions.

The other nomination on which the council voted was Wayne Appleyard’s reappointment to the city’s energy commission – with a tally of 8-3. That was enough to satisfy the city charter’s non-city resident requirement of seven votes. Dissenters were Mike Anglin (Ward 5), Sumi Kailasapathy (Ward 1) and Jane Lumm (Ward 2). Kailasapathy and Lumm had concerns about Appleyard’s long term of service (since 2002). So they’ll be bringing forward an ordinance revision at a future meeting to establish term limits for all boards and commissions. The city charter already imposes term limits on a specific category of boards and commissions.

The council had another significant item on its agenda related to the energy commission – a resolution on divestment from fossil fuel companies that the commission had recommended the council approve. It was the third time the council had seen the question, after first voting it down, then reconsidering and postponing it. At the Oct. 21 meeting, the council amended the resolution to soften it further, which gave it a 9-2 tally when the council voted. Ward 2 councilmembers Sally Petersen and Jane Lumm dissented.

Besides the unfinished business from the Oct. 21 meeting, future meetings of the council will include the Lumm-Kailasapathy initiative to amend the city’s ordinance on boards and commissions to include term limits. Other initiatives announced at the Oct. 21 meeting included an outdoor smoking ordinance that Chuck Warpehoski (Ward 5) reported he’s been working on with city staff – with an eye toward establishing non-smoking areas in city parks.

Petersen announced that she’ll be putting forward a resolution stemming from frequent mention by community members of the need for a council ethics policy. Among other direction, Petersen’s resolution would ask the city attorney to provide guidance on a state statute. Warpehoski announced that he and Sabra Briere (Ward 1) were working on a framework to establish a pedestrian safety citizens advisory committee – possibly to be seated at the Nov. 18 council meeting. The effort is not designed to determine or preempt the outcome of an effort to repeal the pedestrian crosswalk ordinance, Warpehoski stated.

And Christopher Taylor (Ward 3) announced that he and Margie Teall (Ward 4) would be bringing forth a resolution asking the University of Michigan to decommission the large digital billboard it has constructed on East Stadium Boulevard next to the football stadium. The fallback position of the resolution will be to ask that the university restrict the time of the billboard’s operation, Taylor said.

Some items considered by the council but not included in this report are reflected in the live updates filed from the Oct. 21 meeting. [Full Story]

Council Balks at Light Pole Allocation

The Ann Arbor city council has balked at a request to amend its current fiscal year budget to make a $280,000 allocation toward a downtown light pole replacement project that would replace 81 poles. The resolution failed on a 7-4 vote, because eight votes were needed for approval.

Downtown Ann Arbor Main Street light pole

Downtown Ann Arbor Main Street light pole on northeast corner of Main & William. Photograph is from the city of Ann Arbor, taken April 2012.

The $280,000 needed to be allocated from the general fund to the field operation’s unit FY 2014 street lighting budget. And as a budget amendment, the resolution needed eight votes under … [Full Story]

Ann Arbor DDA TIF: Postponed Again

A revision to the city of Ann Arbor’s ordinance regulating the tax increment finance (TIF) capture of the Ann Arbor Downtown Development Authority has been again postponed – in action taken at the city council’s Oct. 21, 2013 meeting.

Postponement is until Nov. 7 – which is the last meeting of the current composition of the council. City council elections are held Nov. 5.

The revision to Chapter 7 would clarify the existing language of the ordinance. The clarification would disallow the DDA’s preferred interpretation of a restriction on TIF revenue that’s expressed in the ordinance language. This ordinance revision was first considered by the council in February of this year. It received initial approval in April and has been in front … [Full Story]

Re-Vote: Al McWilliams Still on DDA Board

A reconsideration of Al McWilliams’ appointment to the board of the Ann Arbor Downtown Development Authority has resulted in the same council vote as the previous one – a 6-5 tally in favor of appointment. The initial vote was taken on Sept. 16. The re-vote was taken at the council’s Oct. 21 meeting.

Al McWilliams

Al McWilliams attended the Oct. 2, 2013 meeting of the DDA board and voted on the one agenda item. This photo is from Chronicle coverage of that meeting.

The Sept 16 vote came after mayor John Hieftje stated during deliberations on Sept. 3 – as McWilliams’ confirmation that night appeared not to … [Full Story]

Oct. 21, 2013 Ann Arbor Council: Final

The Oct. 21, 2013 meeting of the Ann Arbor city council is the last one before the Nov. 5 election. After the election, the current group of councilmembers will have just one more meeting, on Nov. 7, before the new council is seated. The agenda the current council faces on Oct. 21 is relatively heavy.

New sign on door to Ann Arbor city council chamber

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

It’s possible that the council might be briefed at the meeting on proposals received by the Oct. 18 deadline for the purchase of the city-owned parcel on William Street between Fourth and Fifth avenues (the former Y lot), but that’s not yet clear. The property had been listed for $4.2 million.

Many of the Oct. 21 items already on the agenda can be divided into three main categories: transportation, the Ann Arbor Downtown Development Authority, and the city’s energy commission.

The council held a work session about transportation on Oct. 14, 2013. Transportation-related items on the Oct. 21 agenda include a resolution that would admit Ypsilanti Township as a member of the Ann Arbor Area Transportation Authority. The specific question to be considered is a revision to the AAATA’s articles of incorporation – which would also expand the number of board members from nine to 10.

A second transportation-related agenda item is a city-led initiative to develop a new train station, with the location to be determined. The existing location, as well as one on Fuller Road near the University of Michigan medical campus, would be among the possibilities. On the council’s agenda is a contract with URS Corp. to conduct an environmental review that would include public engagement, site selection and conceptual design. The council’s authorization would be $824,875, an amount that includes a $63,083 contingency. The city would pay 20% of that, or about $165,000, with the rest covered by a federal grant that has already been awarded by the Federal Rail Authority.

To the extent that pedestrian infrastructure is also part of the city’s transportation system, a transportation-related pair of items would alter the definition of “sidewalk” to include cross-lot walkways. Affected by the change, for example, would be walkways that connect streets with parks or school property. The change would allow for use of sidewalk repair millage funds to repair cross-lot walkways, without triggering the winter maintenance requirement for adjacent property owners.

Finally, the city council will be asked to approve an annual resolution related to wintertime transportation – the purchase of ice control salt for city streets.

Related to the Ann Arbor DDA are three items: (1) reconsideration of the appointment of Al McWilliams to the board of that authority – likely to be confirmed on a re-vote, if reconsideration is approved; (2) final consideration of a change to the city ordinance regulating the DDA’s TIF (tax increment financing) capture – likely to be postponed yet again; and (3) a budget allocation of $280,000 to cover costs associated with replacement of downtown ornamental, pedestrian-scale light poles. The DDA is contributing $300,000 to the cost of the $580,000 project. Some councilmembers think the DDA should pay for the full amount, so the eight-vote majority required for the budget amendment might not be achieved.

The specific size of the majority vote required could also be a factor in one of two agenda items related to the city’s energy commission – the re-appointment of Wayne Appleyard to the commission. The confirmation will need a seven-vote majority under the city charter, because he’s not a city resident. The other energy-related item is an energy commission-recommended resolution – which was previously rejected, reconsidered and postponed by the city council. The resolution would call upon the city’s employee retirement board to divest from fossil fuel companies.

This article includes a more detailed preview of each of these agenda items. More details on other meeting agenda items are available on the city’s online Legistar system. Readers can also follow the live meeting proceedings Monday evening on Channel 16, streamed online by Community Television Network.

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

Opinion on McWilliams Vote Released

Ann Arbor city attorney Stephen Postema has complied with the city council’s direction to produce a written opinion on the question of the legal validity of the council’s 6-5 vote taken on Sept. 16, 2013 – to appoint Al McWilliams to the board of the Ann Arbor Downtown Development Authority. [.pdf of Oct. 16, 2013 opinion]

In reaching the conclusion that the vote is legally valid, Postema relies on the city charter, the council’s rules and Robert’s Rules of Order. The opinion relies on the basic principle that objections to a conclusion that a motion has passed must be made in a timely way.

Postema’s opinion does not attempt to settle the question of whether an 8-vote majority should have been … [Full Story]

Council Focus: Nominations, Neighborhoods

Ann Arbor city council meeting (Oct. 7, 2013): The council’s meeting was bookended with the topic of mayoral appointments to boards and commissions – beginning with a confirmation vote that was not taken at all, and ending with a motion to reconsider a confirmation vote the council had taken at its previous meeting.

Mayor John Hieftje

Mayor John Hieftje. There are 26 more regular city council meetings left in Hieftje’s mayoral tenure. He announced on Oct. 11 that he’s not planning to run for re-election in 2014. In an email sent to The Chronicle, he said the decision was made much earlier: “I made the decision over the summer on a kayak trip on the north east coast of Lake Superior.” (Photos by the writer.)

The confirmation vote that did not take place was on the appointment of Wayne Appleyard to the city’s energy commission. Although his nomination had been announced at the council’s Sept. 16 meeting, mayor John Hieftje did not move his name forward for a vote on Oct. 7. Appleyard’s appointment would have required a 7-vote majority under the city charter – because he’s not a city resident. With only eight councilmembers in attendance, his confirmation might not have received seven votes. A recent change to the council’s rules put the routine appointments – which the council approved unanimously – near the start of the meeting.

The confirmation vote that was moved for reconsideration at the end of the Oct. 7 meeting was that of Al McWilliams to the board of the Ann Arbor Downtown Development Authority. Midway through the meeting, the council had voted to direct the city attorney to write an opinion on the legal issues surrounding McWilliams’ appointment, which was made on a 6-5 vote at the council’s Sept. 16 meeting.

Under the council’s rules, McWilliams’ appointment appears to have required an 8-vote majority, because his nomination and confirmation came on the same night. That analysis relies on Hieftje’s statement at the council’s Sept. 3 meeting that on that occasion he was withdrawing McWilliams’ nomination. But because no objection to the apparent violation of the council’s rules was raised on Sept. 3, the city attorney’s opinion will likely just establish that a court challenge to the appointment could not be made.

A portion of the minutes of the council’s Sept. 16 meeting – relating to McWilliams’ appointment – was the topic of considerable back and forth, with approval of the minutes coming only after an amendment had been made to change the way some remarks made by Hieftje had been characterized.

The frustration of councilmembers on the losing side of the Sept. 16 vote was evident during deliberations – reflected in Mike Anglin’s (Ward 5) sole vote of dissent against the resolution directing the city attorney to write an opinion. Sumi Kailasapathy (Ward 1) also indicated dissatisfaction that the opinion resolution would not address the public’s interest in due process.

So a few minutes past midnight, after the council’s other business had been dispatched, Chuck Warpehoski (Ward 5) convinced his council colleagues to re-open the agenda for a motion to reconsider the vote on the appointment. Warpehoski had been on the prevailing side of the McWilliams’ confirmation vote. He then moved immediately for postponement until the Oct. 21 meeting and councilmembers supported that motion – so the council will take up the question of reconsideration at that time.

In other business, the council adopted an update to its solid waste plan, but not before amending the plan to remove mention of exploring the possibility of every-other-week trash pickup and pay-as-you-throw options in the future.

The council also considered two items related to hyper-local neighborhood infrastructure issues – cross-lot walkways and traffic calming projects.

Councilmembers gave initial approval to a change in the city’s sidewalk ordinance that would define certain walkways as “sidewalks.” The change will affect cross-lot walkways that connect streets with schools or parks, or streets with other streets. Defining these walkways as  “sidewalks” allows them to be eligible for funds from the sidewalk repair millage, but does not trigger winter maintenance responsibility for adjacent property owners.

The council also approved a budget allocation of $55,000 to fund an additional two traffic calming (speed bump) projects this year. The same resolution directed the funding of three traffic calming projects next year.

Two site plans were approved by the council – one for a Tim Hortons drive-thru on Ann Arbor-Saline road, and another for a Belle Tire on Ellsworth.

A new schedule of liquor license fees was approved by the council. In some cases fees were lowered or eliminated, and in other cases they were raised – to reflect actual city costs in processing. For example, on-premise liquor license annual renewal fees were set at $90, an increase from $50, while fees for new liquor licenses were set at $600, a reduction from $2,500.

The council also approved a grant application to the Rockefeller Foundation for designating Ann Arbor as one of 100 Resilient Cities. While the total amount of funding for the program is identified as $100 million, according to the Rockefeller Foundation, that does not mean that each of the 100 cities would receive $1 million of support if selected. [Full Story]

Council Focus Again on DDA Board: McWilliams

The appointment of Al McWilliams to the Ann Arbor Downtown Development Authority board was again the focus of the Ann Arbor city council at its Oct. 7, 2013 meeting. McWilliams had been confirmed to the DDA board on a 6-5 vote taken at the council’s Sept. 16, 2013 meeting.

In one Oct. 7 action, the council voted to direct the city attorney to draft an opinion on the Sept. 16 confirmation vote and to file it with the city clerk’s office. In another action, taken after midnight, the council voted to reopen the agenda to add a motion to reconsider the Al McWilliams confirmation, which was then immediately postponed by a unanimous vote – until the council’s Oct. 21 meeting.

The … [Full Story]

Oct. 7, 2013 Ann Arbor Council: Final

At least two topics on the council’s Oct. 7 agenda could offer potential points of friction: (1) leftover controversy from the confirmation of Al McWilliams to the board of the Ann Arbor Downtown Development Authority at the council’s previous meeting on Sept. 16; and (2) adoption of an update to the city’s solid waste plan.

New sign on door to Ann Arbor city council chamber

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

A resolution added to the agenda on Friday, Oct. 4 would, if approved, result in the waiver of attorney-client privilege with respect to a specific advice memo that has already been written by the city attorney’s office on the McWilliams appointment.

The memo responds to questions that were raised about the procedure used to appoint McWilliams to the DDA board. Mayor John Hieftje had asked the council to vote on McWilliams’ appointment after saying at a previous meeting that he was withdrawing the nomination. Under the council’s rules, an 8-vote majority is required for confirmation of an appointment when the nomination is made at the same meeting when the confirmation vote is taken. McWilliams was confirmed on a 6-5 vote.

It’s also possible that a motion could be put forward to reconsider McWilliams’ confirmation, in order to eliminate the procedural controversy. However, by the end of the weekend before the meeting, no such item had been added to the agenda.

The council will also be asked to adopt an update to its solid waste plan. [Waste Less: City of Ann Arbor Solid Waste Resource Plan] [Appendices to Waste Less] The update proposes a number of initiatives, including goals for increased recycling/diversion rates – both generally and for apartment buildings in particular. A pilot program would add all plate scrapings to the list of materials that can be placed in the brown carts used to collect compostable matter.

And if that pilot program is successful, the plan calls for exploring the possibility of reducing the frequency of curbside pickup – from the current weekly regime to a less frequent schedule. Also included in the draft plan is a proposal to relocate and upgrade the drop-off station at Platt and Ellsworth. The implementation of a fee for single-use bags at retail outlets is also part of the plan. [Previous Chronicle coverage: "Waste as Resource: Ann Arbor's Five-Year Plan."]

The solid waste plan update could face opposition from some councilmembers who don’t think it would be feasible or desirable to reduce the frequency of curbside trash pickup to once every two weeks.

The council will be asked to give initial consideration to a new definition of a sidewalk, covering so-called cross-lot walkways. Such walkways aren’t really on the “side” of anything. They connect a street to a park or school, or two parallel streets. The item had been up for final consideration at the council’s July 1, 2013 meeting, but it was postponed until Oct. 7.

In the meantime, the city’s approach to the cross-lot walkways has changed. Currently if an existing walkway meets the definition of a “sidewalk,” then the city bears responsibility for its repair for the duration of the sidewalk repair millage. All other things being equal, the adjacent property owner would be responsible for snow removal in the winter. The new approach, to be considered on Oct. 7, would allow the cross-lot walkways to qualify as sidewalks under the city’s ordinance, but not trigger a winter maintenance requirement for adjacent property owners. This fresh look would mean that any action taken on Oct. 7 would be considered only an initial approval of the ordinance change.

Land use is on the agenda in the form of two developments and one annexation.

Returning to the council’s agenda is the planned unit development (PUD) zoning for the Shell/Tim Hortons at the northeast corner of Ann Arbor-Saline Road and Eisenhower Parkway. The proposal for the 1.44-acre site would allow for a drive-thru restaurant within the existing convenience store, where a Tim Hortons is already located. The project includes constructing a 109-square-foot drive-thru window addition and access driveway on the north side of the building.

The council had given initial approval for changes to the project’s PUD supplemental regulations at its Sept. 3, 2013 meeting. That’s when Chuck Warpehoski (Ward 5) objected to including the drive-thru as a public benefit in the regulations: “To say that somebody now doesn’t have to spend the 10 extra calories between getting out of their car to get their salt-sugar-fat fix?! I don’t see that as a public benefit and I don’t want us to list that as some big thing that we’re modifying our zoning for in our ordinance.” On that occasion, the council modified the PUD regulations to accommodate his objection. The final approval of the PUD zoning as well as the site plan is on the council’s Oct. 7 agenda.

Councilmembers will also be asked to approve a site plan for Belle Tire on the north side of Ellsworth, adjacent to and east of a different Tim Hortons – one that’s located near the intersection with South State. The currently vacant 1-acre site will become a one-story, 9,735-square-foot auto service facility with 49 parking spaces, including 10 spaces located in service bays.

The council will also be asked to vote on a standard annexation from Ann Arbor Township to the city of Ann Arbor – a 0.39-acre site at 2640 Miller Ave.

Also on the Oct. 7 agenda is an item to approve a change to fees associated with liquor licenses. Some fees are being eliminated – those related to licenses for which the state of Michigan doesn’t require local review.

Other Oct. 7 agenda highlights include an allocation for more traffic calming studies and a resolution that would direct the city administrator to apply for a Rockefeller Foundation grant to make Ann Arbor one of 100 Resilient Cities.

More details on other meeting agenda items are available on the city’s Legistar system. Readers can also follow the live meeting proceedings on Channel 16, streamed online by Community Television Network. The Chronicle will be filing live updates from city council chambers during the meeting, published in this article “below the fold.” The meeting is scheduled to start at 7 p.m. [Full Story]

Ann Arbor DDA Embraces Vinyl Art Wraps

Ann Arbor Downtown Development Authority board meeting (Oct. 2, 2013): In its one piece of voting business, the board approved a $20,500 grant to the Arts Alliance to implement a pilot project that would wrap 14 traffic signal electrical boxes in downtown Ann Arbor with vinyl that’s imprinted with artwork.

Al McWilliams

Al McWilliams, newest member of the Ann Arbor Downtown Development Authority board. (Photos by the writer.)

Called PowerArt, the project is proposed as a way to beautify downtown as well as deter graffiti. The proposal was developed by the DDA – working with the Ann Arbor-based Arts Alliance and the Ann Arbor public art commission. The art commission had voted at its Sept. 25, 2013 meeting to support this first phase of the project with the same amount as the DDA – $20,500. While the first phase of the project would wrap 14 traffic signal boxes, the Arts Alliance is proposing two more phases, for a total of 42 wrapped boxes, and a total cost of $121,000.

The Arts Alliance will administer the project, taking an administrative fee of 30% for the first phase and 25% for the second two phases, if the first phase is judged to be successful. The $41,000 cost of the pilot includes the 30% administrative fee for the Arts Alliance. [.pdf of PowerArt proposal]

The relatively brief board meeting featured an introduction of new board member Al McWilliams as he participated in his first meeting after winning confirmation for service from the city council on a 6-5 vote.

The board also heard various updates from its two standing committees on topics that included the bike share program, the streetscape framework planning project, the connector study, parking structure repairs, and National Hockey League-related events on New Years Eve and New Year’s Day. [Full Story]

Ann Arbor Council to Weigh Privilege Waiver

A resolution that’s been added to the Ann Arbor city council’s Monday, Oct. 7, 2013 agenda would, if approved, result in the waiver of attorney-client privilege with respect to a specific advice memo that has already been written by the city attorney’s office.

The memo responds to questions that were raised about the procedure used to appoint Al McWilliams to the board of the Ann Arbor Downtown Development Authority at the council’s Sept. 16, 2013 meeting. Mayor John Hieftje asked the council to vote on McWilliams’ appointment after saying at a previous meeting that he was withdrawing the nomination. Under the council’s rules, an 8-vote majority is required for confirmation of an appointment when the nomination is made at … [Full Story]

Ann Arbor DDA OKs Art Wraps

A proposal to wrap downtown Ann Arbor traffic signal electrical boxes with vinyl imprinted with artwork has received $20,500 of support from the Ann Arbor Development Authority.

Boise, Ann Arbor public art commission, The Ann Arbor Chronicle

Corrected after initial publication: Not an example of a vinyl-wrapped traffic box with artwork by David Spear. This image was included in the Arts Alliance proposal for the PowerArt project. This image was actually hand-painted by Spear.

The proposal was developed by the DDA – working with the Ann Arbor Arts Alliance and the Ann Arbor public art commission. The DDA board action came at its Oct. 2, 2013 meeting.

The art commission voted at its Sept. 25, 2013 meeting to support this first phase of the project with the same amount as the DDA – $20,500. While the first phase of the project would wrap 14 traffic signal boxes, the Arts Alliance is proposing two more phases, for a total of 42 wrapped boxes, and a total cost of $121,000.

The Arts Alliance will administer the project, taking an administrative fee of 30% for the first phase and 25% for the second two phases, if the first phase is judged to be successful. The $41,000 cost of the pilot includes the 30% administrative fee for the Arts Alliance. [.pdf of PowerArt proposal]

Deb Polich, executive director for the Arts Alliance, is married to Russ Collins, a member of the DDA board. Collins did not attend the Oct. 2 DDA board meeting.

The PowerArt proposal from the Arts Alliance indicates that the program was modeled on one that has been implemented in Boise, Idaho, where city officials there contend that vinyl art wraps have helped deter graffiti, even on traffic signal boxes that are not wrapped with art. [Full Story]

Art Commission Supports “PowerArt” Project

Ann Arbor public art commission meeting (Sept. 25, 2013): The main item on this month’s AAPAC agenda was a request to partner with the Ann Arbor Downtown Development Authority on a project called “PowerArt,” to be administered by the Arts Alliance.

Marsha Chamberlin, Devon Akmon, Ann Arbor public art commission, The Ann Arbor Chronicle

Ann Arbor public art commissioners Marsha Chamberlin and Devon Akmon. Akmon is AAPAC’s newest member, and was attending his first commission meeting on Sept. 25. Chamberlin is the longest-serving commissioner. (Photos by the writer.)

The project would involve wrapping about 40 traffic signal boxes in the DDA district with vinyl printed replicas of artwork. The initial pilot phase would focus on 14 boxes at a total cost of $41,000, to be split between the city and the DDA. That cost includes a 30% administrative fee paid to the Arts Alliance, which is based in Ann Arbor. Another $80,000 would be needed for the final phases.

Deb Polich, executive director for the Arts Alliance, told commissioners that the DDA board is expected to vote on the project at its Oct. 2 meeting.

Commissioners were supportive of the project, but concerned about how to approach the funding, given constraints tied to the remaining Percent for Art funds. “I want to make sure we don’t step in something that we then get slapped for,” Marsha Chamberlin said.

Ultimately, commissioners unanimously voted to approve participating in the PowerArt project, contingent on the city’s legal review of potential funding sources.

AAPAC also authorized allocations for other projects that have been discussed for several months. They approved $10,000 for a community project called Canoe Imagine Art, and $5,000 for a Coleman Jewett memorial at the Ann Arbor farmers market. Both of these projects will rely on grants and private fundraising for the majority of their budgets.

Action on three other projects was tabled, as commissioners wanted more detailed proposals before allocating funds. Those projects were: (1) artwork for a roundabout at State & Ellsworth; (2) a community art project at Arbor Oaks Park, adjacent to Bryant Elementary School; and (3) a proposal for enhancing the fence along the south side of Scio Church Road, between Maple and Delaware.

These projects prompted some discussion about broader issues, included the process that AAPAC uses to vet proposals. Ashlee Arder, one of the newer commissioners, advocated for continuing to develop a more structured approach. “I do think we need to have a larger conversation or retreat about who we are and what we’re trying to do here,” she said.

The commission has been grappling with a transition to a new funding model for public art, after the city council voted to eliminate the previous Percent for Art mechanism this summer. That model set aside 1% of the budget for each of the city’s capital projects for public art – up to a cap of $250,000. Because that money was taken from restricted funds – such as millage funds for parks or street improvements –  a thematic link must exist between the funding source and the public art expenditure. About $840,000 in Percent for Art funds remain available for projects, but there will be no additional Percent for Art funding.

Instead, the city has adopted an approach in which city staff will work with AAPAC to determine whether a specific capital improvement should have enhanced design features “baked in” to the project – either enhanced architectural work or specific public art. The funding for any of the enhanced features would be included in the project’s budget and incorporated into the RFP (request for proposals) process for the capital project. There is also an increased focus on private fundraising and partnerships.

On Sept. 25, commissioners also received several updates from Aaron Seagraves, the city’s public art administrator. He reported that a reception is planned for Thursday, Oct. 10 at 6 p.m. to dedicate the hanging sculpture Radius, located in the Justice Center lobby next to city hall. Oregon artist Ed Carpenter is expected to attend.

And two finalists for artwork at Argo Cascades – Jann Rosen-Queralt of Maryland and Mags Harries & Lajos Heder of Cambridge, Mass. – will be coming to town on Oct. 17 to present their conceptual designs to the public. A task force will make a recommendation to AAPAC on which of the artists to select for the project.

The Sept. 25 meeting was the first one for AAPAC’s newest member, Devon Akmon. Appointed by the Ann Arbor city council on Sept. 3, 2013, Akmon is director of the Arab American National Museum in Dearborn. [Full Story]

Council on DDA: Delay on TIF, OK McWilliams

Ann Arbor city council meeting (Sept. 16, 2013): Of the roughly 3.5-hour session, about an hour was devoted to two separate items that were added to the agenda the day of the Monday meeting.

Mike Anglin (Ward 5), city administrator Steve Powers

From left: city administrator Steve Powers and Mike Anglin (Ward 5). (Photos by the writer.)

One of those late agenda additions was a confirmation vote of Al McWilliams’ appointment to the Ann Arbor Downtown Development Authority (DDA) board. The vote tally was 6-5, which was declared sufficient for confirmation. However, the city attorney is still reviewing the possibility that the confirmation required an eight-vote majority, under the council’s rules.

The debate on that item came late in the meeting, because that’s where nominations and appointments are slotted on the agenda template, based on the council’s current rules. But that will change in the future – due to a change in the council’s rules that was also on the Sept. 16 agenda. The council adopted some revisions to the rules that were three months in the works. Those included: adding an opportunity for public commentary to work sessions; changing the order of the agenda to move nominations and appointments for boards and commissions to a slot toward the start in the meeting; and prohibiting the use of personal electronic communications devices while at the council table.

Also related to the DDA on the Sept. 16 council agenda was the final approval of revisions to the city ordinance regulating the DDA’s tax increment finance (TIF) capture. The council again put off a vote on the question, which was given initial approval five and a half months ago – on April 1. The question was put off this time until Oct. 21.

The initially-approved amendments to Chapter 7 of the city code include various changes to governance, including term limits for board members, as well as clarifications to the existing language on TIF capture. The initially-approved amendments would enforce the existing language of the ordinance in a manner that would impact the DDA’s TIF revenue in a way roughly matching the DDA’s projected revenues in its 10-year planning document.

At the council’s Sept. 16 meeting, Stephen Kunselman (Ward 3) sketched out a different conceptual approach to the way the TIF capture is constrained. It’s an approach being developed by a joint committee of councilmembers and DDA board members as a “dual track” to the ordinance revisions currently under consideration.

Under the existing ordinance language, the amount of DDA TIF capture is calibrated to projections in the DDA TIF plan, which is a foundational document for the DDA. The different conceptual approach would establish a basis level for the maximum captured taxable value in the DDA district – a “cap” on TIF revenue – and then set some clearly defined annual increase, keyed to a specific percentage or some variant of a consumer price index (CPI).

A working document used by the joint committee at its Sept. 10 meeting showed two basic scenarios, one of which could roughly mimic the TIF revenue levels that would be provided under the current proposal, while the other might not provide any practical cap.

The second item added to the Sept. 16 agenda on the same day as the meeting was reconsideration of a vote on fossil fuel divestment taken by the council at its previous meeting, on Sept. 3. At that meeting, the council had voted 5-4 on a resolution calling on its employee retirement system to divest from fossil fuel companies. That tally defeated the resolution because it failed to achieve the necessary six votes on the 11-member council.

However, Margie Teall (Ward 4) voted with the prevailing side – one of the votes against it – giving her the right to bring a motion for reconsideration, which the council passed at its Sept. 16 meeting. But on the fossil fuel divestment resolution itself, after about 45 minutes of debate, the council voted to postpone the matter – until its Oct. 21 meeting.

In other business, the council approved the site plan for an expansion of a Honda testing facility, north of Ellsworth on Research Park Drive. The council also approved the rental of 8 extra trucks to supplement the city’s fleet during fall leaf collection season, at a cost of $117,200. It’s an annual expenditure.

Also on Sept. 16, the council formally accepted the final report of the North Main Huron River corridor task force.

The council also heard an update from Ann Arbor police chief John Seto on the preliminary assessment of newly implemented street closures for University of Michigan home football games. That preliminary assessment did not include any major problems, but Seto indicated that he wouldn’t draw conclusions until after a community meeting that’s being held to get additional feedback. That meeting takes place on Tuesday, Sept. 24 at 6 p.m. at Pioneer High School. [Full Story]

Library View on DDA TIF Capture: Unchanged

At its most recent meeting on Sept. 16, 2013, the Ann Arbor city council again considered a revision to the ordinance regulating the tax increment finance (TIF) of the Ann Arbor Downtown Development Authority (DDA). The council had given initial approval to the Chapter 7 changes nearly six months ago, on April 1, 2013. But at the Sept 16 meeting, the council again postponed a final vote on the revisions, this time until Oct. 21.

Downtown location of the Ann Arbor District Library

Downtown location of the Ann Arbor District Library (Photo by the writer, Sept. 21, 2013)

Other taxing jurisdictions besides the city of Ann Arbor – entities that also have a portion of their levied taxes captured by the DDA – have something at stake.  Those units are Washtenaw County, Washtenaw Community College and the Ann Arbor District Library. The topic of other taxing jurisdictions’ interest in the Chapter 7 revisions has been raised at three public meetings since late August: (1) at an Aug. 26 meeting of a joint city council and DDA board committee; (2) at the Sept. 15 city council Sunday night caucus; and (3) at the Sept. 16 city council meeting.

Some councilmembers have speculated about the current view held by one of the other taxing jurisdictions in particular – the Ann Arbor District Library. AADL director Josie Parker wrote a letter to mayor John Hieftje in January 2012 outlining the library’s position on the matter at the time, something that has been widely reported. The Chronicle only recently became aware that a similar letter had been sent by Parker to the Ann Arbor DDA in August 2011.

Those letters articulate a view that’s consistent with op-eds published in The Chronicle on the topic – that the DDA owes more in repayments to the taxing jurisdictions than the DDA agreed it needed to pay back in May 2011. Further, the AADL’s position, as expressed in the two letters from Parker, is to reject the DDA’s most recent and current interpretation of the city ordinance  – which was stated only after the DDA had already made repayments of excess TIF capture in 2011. Those repayments had been made to cover several prior years, because the required repayment had been “overlooked.”

The DDA’s subsequent interpretation was that the DDA did not owe the money it had returned in 2011. DDA officials maintain that as long as the DDA had debt obligations, it would also not owe any return of excess TIF to the other taxing jurisdictions in the future. Based on calculations by The Chronicle, the DDA’s current interpretation probably deprives AADL of roughly $55,000-$60,000 annually, compared to the kind of interpretation AADL gives the ordinance. That amount could increase, or decrease, in the future.

The position articulated in Parker’s August 2011 letter includes the statement: “The Library fully intends to enforce its rights for all past and future amounts owed to the Library as a result of excess TIF capture. However, the Library would prefer to resolve these issues without court involvement.”

Responding to a question in a telephone interview with The Chronicle on Sept. 19, 2013, Parker stated: “The position of the Ann Arbor District Library is still accurately reflected in those letters.”

That statement appears to resolve any uncertainty that might exist about the AADL’s current position. At the Sept. 15 Sunday night caucus, for example, Sabra Briere (Ward 1) had ventured that Parker’s letter to Hieftje might be appropriately regarded as a “snapshot in time” and might not reflect the AADL’s current position. And Christopher Taylor (Ward 3), during the Aug. 26 joint committee meeting, appeared to discount the current relevance of the letter to Hieftje by asking what year it had been sent.

However, about the AADL’s position on the DDA TIF capture taken in 2011, Parker stated this week: “It has not changed.” [Full Story]

McWilliams Confirmed to DDA Board: 6-5

On a 6-5 vote of the Ann Arbor city council, the appointment of Al McWilliams to the Ann Arbor Downtown Development Authority board has been confirmed.

The action came after his nomination had been withdrawn by mayor John Hieftje in the middle of deliberations at the council’s previous meeting, on Sept 3, 2013. At that meeting, the nomination appeared to be in doubt, as two councilmembers were absent – Jane Lumm (Ward 2) and Marcia Higgins (Ward 4). The vote from Higgins was one of the six that was in favor of McWilliams at the Sept. 16, 2013 meeting.

Voting against the appointment of McWilliams were Sumi Kailasapathy (Ward 1), Sally Petersen (Ward 2), Jane Lumm (Ward 2), Stephen Kunselman (Ward … [Full Story]

Ann Arbor DDA Ordinance Delayed Until Oct. 21

Revisions to the city ordinance regulating the Ann Arbor Downtown Development Authority tax increment finance capture have again been postponed – until Oct. 21, 2013. The city council action to postpone came at its Sept. 16, 2013 meeting.

The city council and the DDA board have a joint committee that is working out details of an alternative to the ordinance amendments that have already been given initial approval by the council.

The initial DDA ordinance revisions that appeared on the council’s Sept. 16, 2013 agenda were awaiting a second and final vote by the council. The amendments to Chapter 7 included various changes to governance, including term limits for board members, as well as clarifications to the existing language on TIF capture. … [Full Story]

Sept. 16, 2013 Ann Arbor Council: Final

The second Ann Arbor city council meeting of the month, set for Sept. 16 19, 2013, comes after three home football games have been played by the University of Michigan football team.

New sign on door to Ann Arbor city council chamber

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

That’s actually pertinent to the council’s work – because Ann Arbor chief of police John Seto has a spot on the meeting agenda to provide an update about the implementation of new traffic control measures on home game days. This year for the first time, the council gave approval for street closures around the Michigan Stadium in the hours before kickoff through the end of the game.

The council’s 7-4 vote approving the street closures was taken on Aug. 8, 2013. No council action on the issue appears on the Sept. 16 meeting agenda. However, the council’s approval had included a request for a review after the first three games, which featured three different start times.

The council’s Sept. 16 meeting includes two other items on which it has previously punted a number of times: final approval of revisions to the ordinance regulating the Ann Arbor Downtown Development Authority’s tax increment finance (TIF) capture; and revisions to the council’s internal rules. The council’s Sept. 3 meeting was planned to be the session when the council would tackle those two issues. However, the necessary committee work had not been completed by that time.

A joint committee composed of DDA board members and councilmembers huddled up for a second time on Sept. 10, 2013. And based on that meeting, it’s somewhat unlikely that the council would use its Sept. 16 meeting to take a simple yes-no vote on the ordinance revisions currently in play, which had already been given initial approval back on April 1. Those revisions would enforce the existing language of the ordinance in a way that has an impact on the DDA’s TIF revenue roughly matching the DDA’s projected revenues in its 10-year planning document.

The consensus at the Sept. 10 joint committee meeting appeared to be that the council should give itself a fresh set of downs on the question – by changing the basic conceptual approach to limiting the DDA’s TIF. That approach would impose a cap on TIF revenues with a built-in increase each year. But it’s not clear that a substitute set of changes would be ready for the council to consider at its Sept. 16 meeting.

Starting with a fresh draft of ordinance revisions would mean that the council would again need to give the changes an initial approval, followed by a second vote at a later meeting. The fresh start could also eliminate changes to the governance of the DDA board that had been included in the original revisions initially approved by the council on April 1. Those included term limits for DDA board members.

Among the options in the council’s parliamentary playbook are: tabling, postponing indefinitely, or postponing the DDA ordinance revisions until a date certain. If the council amends the proposal with a substitute proposal, postponement to a date certain would be more likely. However, the council could also choose to vote down the current proposal and leave the committee to come back with a future recommendation.

The council’s rules committee also met on Sept. 10, 2013. Based on discussion at that meeting, the consensus appeared to be that no shortening of speaking turns for the public or for councilmembers should be undertaken, and that the procedure for reserving public commentary time at the start of the meetings should not be altered. Among the substantive changes that survived the committee’s conversation are: adding public commentary to work sessions; changing the order of the agenda to move nominations and appointments to boards and commissions to earlier in the meeting; and prohibiting the use of personal electronic communications devices while at the council table.

The council’s agenda is otherwise fairly light. It includes an expansion of the Honda testing facility on north of Ellsworth on Research Park Drive, formal acceptance of the final report from the North Main Huron River task force, and a $117,200 expenditure for the rental of rear-loading trucks to supplement the city’s fleet during the fall leaf collection season.

Update: An item to reconsider the fossil fuel resolution that failed to pass at the council’s Sept. 3 meeting was added to the agenda on the morning of Sept. 16. The original resolution called on the city’s employee retirement system to divest from fossil fuel companies – but it failed on a 5-4 vote, with two councilmembers absent. Six votes were needed to pass. The motion to reconsider is sponsored on the agenda by Margie Teall (Ward 4).

More detail on other meeting agenda items is available on the city’s Legistar system. Readers can also follow the live meeting proceedings on Channel 16, streamed online by Community Television Network. The Chronicle will be filing live updates from city council chambers during the meeting, published in this article “below the fold.” The meeting is scheduled to start at 7 p.m. [Full Story]

Council Takes Time for Re-Set: Rules, DDA

Ann Arbor city council meeting (Sept. 3, 2013): Two significant items on the council’s agenda were postponed so that more committee work could be done on the issues: revisions to the ordinance (Chapter 7) regulating tax increment finance (TIF) capture by the Ann Arbor Downtown Development Authority; and revisions to the council’s internal rules.

Sumi Kailasapathy (Ward 1), Sabra Briere (Ward 1) and Sally Petersen (Ward 2)

Sumi Kailasapathy (Ward 1), Sabra Briere (Ward 1) and Sally Petersen (Ward 2). Despite Ann Arbor’s reputation, on this occasion councilmembers appeared to be leaning to the right. The meeting featured public commentary that recalled a standard political joke about Ann Arbor during football season: “Fake left, run right.” (Photos by the writer.)

Both issues also had been postponed from previous meetings. However, the committees that were supposed to have provided more specific recommendations to the full council prior to Sept. 3 did not accomplish that work.

After the Sept. 3 council meeting, both of the relevant committees subsequently met. An update on their work is included in this council meeting report.

The DDA ordinance revisions have already been given initial approval by the council and are awaiting a final vote. The amendments to Chapter 7 include various changes to governance, including term limits for board members, as well as clarifications to the existing language on TIF capture. The amendments would enforce the existing language of the ordinance in a way that has an impact on the DDA’s TIF revenue that would roughly match the DDA’s projected revenues in its 10-year planning document.

However, since that 10-year document was last updated, the amount of new construction in the DDA district has resulted in significant increases in the taxable value on which TIF is computed. About $1 million a year is at stake – which would be distributed to the other jurisdictions whose taxes the DDA captures, instead of being collected by the DDA. The joint committee of DDA board members and city council members met on Sept. 10, and the group appeared to be ready to recommend that the council table the initially-approved ordinance changes and start from scratch, likely shedding the proposed changes to governance.

The approach the committee is now taking would remove the current Chapter 7 language expressing restrictions on the DDA’s TIF revenue, and replace it with a “cap” that would have a built-in annual increase. Among the scenarios the committee is weighing would be a cap set at a high-enough level that it would likely have no impact on the amount of the DDA’s TIF revenue, compared to the amount the DDA is receiving under its own current interpretation of the ordinance, which is disputed.

While the Sept. 3 postponement of the DDA-related ordinance was dispatched quickly, later in the meeting the council engaged in a substantial debate on an appointment to the DDA board – that of Al McWilliams. With only nine councilmembers present and his confirmation dubious – because it needed six votes on the 11-member council – mayor John Hieftje withdrew the nomination.

The council’s rules committee also met on Sept. 10 and reviewed revisions that had previously been recommended. Basing its work on a debate that the entire council had on July 15, 2013, the committee decided that none of the council rules on the length of speaking turns (for the public or for councilmembers) or for reserving time to speak at the start of meetings would be changed from the current rules. Among the proposed changes that survived committee discussion included: (1) adding public commentary at work sessions, (2) re-ordering the agenda to place nominations and appointments near the start of the meeting, and (3) prohibiting use of personal electronic communications devices while at the council table.

The council will take up the DDA ordinance as well as the internal rules issue at its next meeting on Sept. 16.

Other business handled by the council on Sept. 3 included passage of a resolution calling for work on better cleanup standards for 1,4-dioxane – which came only after lengthy debate about possibly postponing it in order to strengthen the language and seek the advice of additional stakeholders.

The council also passed a resolution recommended by the city’s energy commission, to direct city staff to develop a pilot program with DTE for a “community solar” project. Another resolution recommended by the energy commission failed to win council approval, however. It would have directed the city’s employment retirement system to divest from fossil fuel companies.

In land-related business, the council approved the city’s participation in two deals related to the city’s greenbelt program. Councilmembers also gave approval to a Hampton Inn project on Jackson Road and initial approval to a drive-thru to be constructed at a Shell/Tim Hortons at Eisenhower and Ann Arbor-Saline Road.

As part of city administrator Steve Powers’ report to the council, he mentioned that a memo on the review of the city’s crosswalk ordinance would be forthcoming. That memo was subsequently released. [Full Story]

Fourth & Liberty

Pedaled up to Ed Shaffran, local developer and former Ann Arbor Downtown Development Authority board member, standing on the northwest corner by Running Fit. He indicates on the record during conversation that he’d be willing to serve again on the DDA board. He’s asked Ward 2 councilmember Jane Lumm to “put [his] name in the hat.”

Column: DDA, City Council – No Politics Here

Back in the spring of 2011, the Ann Arbor city council and the Downtown Development Authority were arguing bitterly about money.

Guenzel Kunselman

(Left) Ward 3 city councilmember Stephen Kunselman. (Right) DDA board member Bob Guenzel.

Now two and a half years later, a solid working relationship between the two entities has evolved – unmarred by political machinations, based instead on a clearly understood shared past, and consensus interpretation of relevant statutes and local laws governing tax increment finance capture.

That has led to a joint working session between the entities scheduled for Sept. 9, 2013. The session will offer an opportunity for members of the organizations to exchange appreciation and praise for the positive turn the relationship has taken over the last 30 months.

Heh. That’s a joke, as is the headline – the only accurate part of the preceding two paragraphs is the fact that a Sept. 9 working session is scheduled.

And it’s fair to say that the working session between the two groups would probably not be taking place unless it were contractually obligated – under an agreement ratified in May of 2011. The DDA operates the city’s parking system under that contract. In addition to the convening of a joint working session every fall, the contract stipulates that 17% of the gross parking revenues are to be paid to the city.

Parking money is just one of the two revenue categories over which the city and the DDA have been bickering. The other is the DDA’s tax increment finance capture (TIF), which is regulated by Chapter 7 of the city code. With an initial approval of changes to Chapter 7 already approved by the council on April 1, 2013, a joint DDA-city council committee was tasked on July 1, 2013 with making a recommendation on Chapter 7 changes to the council.

DDA-council committee group

Aug. 26, 2013 meeting of the DDA-council committee, held in the basement of city hall.

Representing the council on the joint committee are Stephen Kunselman (Ward 3), Christopher Taylor (Ward 3), Jane Lumm (Ward 2) and Sally Petersen (Ward 2). Representing the DDA are Sandi Smith, Roger Hewitt, Bob Guenzel and Joan Lowenstein.

Despite being tasked by council on July 1 to begin meeting immediately, the committee did not meet until eight weeks later, on Aug. 26 – after the Aug. 6 city council primaries. Here’s the political calculus: If Kunselman had lost the Ward 3 Democratic primary to Julie Grand, the balance of votes on the council might have shifted to clarifying Chapter 7 in the DDA’s favor.

Grand ran a campaign that was generally supportive of the DDA. But Kunselman has led the council’s effort to clarify Chapter 7 in a way that favors the city as well as the other taxing jurisdictions whose taxes are captured by the DDA. However, Kunselman prevailed – as did Ward 4 challenger Jack Eaton, who campaigned in part on the idea of limiting the DDA’s TIF capture through clarification of Chapter 7.

Because the committee waited until after the Aug. 6 primary to meet, the DDA members had a clearer idea on Aug. 26 about who they’d be dealing with in the near future. The outcome of the Aug. 6 primary meant that Kunselman brought a certain amount of confidence to the committee meeting on Aug. 26. At one point he stated: “… I don’t really have a lot of trust out in my neighborhoods about what the DDA does downtown, ok? And that’s how I have been able to galvanize my base, so to speak, to stay here and to keep this effort alive, so that we can get this ordinance changed … Some of that money, yes, should be returned to the taxing authorities.”

Now the only question mark on the committee is the independent Lumm, who faces a challenge from Democrat Kirk Westphal in the November election. Lumm has made it clear she supports a Chapter 7 revision that respects the interests of the other taxing jurisdictions. But Lumm’s re-election is not a foregone conclusion.

That’s why the opening gambit from the DDA’s side at the Aug. 26 meeting was to delay further, even though the council is scheduled to take a final vote on the Chapter 7 revisions at its Sept. 16 meeting. A future council that included Westphal, mayor John Hieftje, Chuck Warpehoski (Ward 5), Margie Teall (Ward 4), Christopher Taylor (Ward 3) and Sabra Briere (Ward 1) might have six votes that potentially could support the current approach to TIF calculations. But among those six, I think even Westphal, Warpehoski and Briere are capable of independent and rational thought on the question of TIF capture.

The delaying tactic on Aug. 26 emerges in a fairly obvious way if you read through the meeting transcript. [.pdf of 40-page transcript]. DDA members were more inclined to want to talk about general arguments for the existence of a DDA, professing uncertainty about why they’d even been invited to the table. Kunselman, Lumm and Petersen made it clear they were there to talk about clarifying the TIF calculations, not more general themes. It wasn’t clear whose interests Taylor was upholding, but he aligned himself policy-wise – as well as socio-linguistically – more with other DDA board members than with his city council colleagues.

The Aug. 26 meeting was highlighted by a number of misstatements or incomplete statements of historical fact – some serious enough that I worry about the ability of some of those at the table that day to effectuate good public policy.

Still, I think the meeting offered a glimmer of hope – from a guy whose history with the city of Ann Arbor is approaching an anniversary. On Sept. 15, city administrator Steve Powers will have been on the job exactly two years.

Powers, I think, offers a contrast with the previous city administrator Roger Fraser. On April 16, 2010 Fraser barred me from a meeting of a “working group” of councilmembers and DDA board members. Shielded from public view, the group was sorting out the terms of a new parking agreement. Powers, on the other hand, toward the end of the Aug. 26, 2013 committee meeting, had this to say: “If the committee is done commenting, you should provide for public comment, as it’s a public meeting.”

This column includes a brief outline of some factual points worth remembering – because they were misstated or incompletely stated at the Aug. 26 meeting. But first, a point about words.  [Full Story]

DDA Kicks Off Fall with $300K Grant

Ann Arbor Downtown Development Authority board meeting (Sept. 4, 2013): The board’s first meeting since early July was attended by the minimum seven members needed for a quorum on the 12-member group. In its one main business item, the group voted to approve a $300,000 grant to Washtenaw County, to support renovations to the county-owned building at 110 N. Fourth in Ann Arbor, which is known as the Annex.

Ward 3 councilmember Stephen Kunselman attended the Sept. 4, 2013, meeting of the DDA board.

Ward 3 councilmember Stephen Kunselman (left) attended the Sept. 4, 2013, meeting of the DDA board. He chatted with mayor John Hieftje before the meeting start. Hieftje is a member of the DDA board. (Photos by the writer.)

The renovation is part of the county’s overall space plan, approved by the board of commissioners at its July 10, 2013 meeting. The space plan calls for modifications to the Annex so that it can house the county’s Community Support & Treatment Services (CSTS) department. The cost of the renovations at the Annex, which would include a new lobby and “client interaction” space, would be about $1 million, according to the DDA board resolution. [.pdf of DDA resolution on the Annex] The Annex has housed the county’s office of community and economic development, office of infrastructure management, and the public defender’s office. Those offices are being moved to other leased and county-owned space.

Not described at the DDA’s board meeting was the backdrop of the grant award to the county, which evolved from a conversation between county administration and the DDA about ways the DDA could help the county address its budget deficit. A pitch from the county had been to re-open the agreement under which the county purchases monthly parking permits in the city’s public parking system, which the DDA manages. The alternative proposed by the DDA was to make a one-time $300,000 grant  – to help fund a project for which the county had already identified funding.

Also not mentioned among the several updates given during the Sept. 4 DDA board meeting was an Aug. 26 meeting of a joint DDA-council committee. That committee had been established by the Ann Arbor city council at its July 1, 2013 meeting to work out a recommendation on possible legislation to address an ongoing controversy about DDA tax increment finance revenue. Not much forward progress was made at that committee meeting.

The city council has already given initial approval of changes to the ordinance language that would clarify the amount of tax increment finance capture (TIF) revenue received by the DDA . The clarification currently under consideration does not work out in the DDA’s favor. A final vote of approval appeared on the council’s Sept. 3, 2013 agenda – the day before the DDA board met – but the council decided again to postpone a final vote.

At their Sept. 4 meeting, DDA board members also got a look at a draft five-year plan of projects that has now been generated, partly in response to pressure from the city council – dating back to April of this year – asking the DDA to explain what projects would not be undertaken if the DDA didn’t continue to receive TIF revenue based on its preferred interpretation of the city’s ordinance.

Highlights of other updates that were given at the Sept. 4 DDA board meeting included a review of the preliminary end-of-year figures for the public parking system and the rest of the DDA’s funds. Overall, the DDA’s financial picture was better than budgeted. That difference is due to the timing of various capital costs.

For the parking system, the year-end picture was consistent with the trend throughout the year. Revenue generated by the parking system was up by 11.9% ($19.09 million) compared to the previous fiscal year, while the number of hourly patrons was down by 1.96% (2,232,736).

Low attendance at the board’s meeting was partly a function of the fact that two of the seats are currently vacant. One of the seats could potentially have been filled by the city council through confirmation of Al McWilliams’ nomination at its Sept. 3, 2013 meeting. However, as the nine councilmembers present debated his confirmation, mayor John Hieftje withdrew it, at least for the time being.

McWilliams’ confirmation would have needed six votes on the 11-member council – and the outcome was dubious based on conversation among the nine attendees at the council table. Some councilmembers questioned whether McWilliams’ might have a recurring conflict of interest based on the work his advertising firm, Quack!Media, does for the Ann Arbor Area Transportation Authority and the allocations that the DDA makes to the AAATA’s go!pass program. That allocation amounted to $479,000 this year, and was approved at the DDA board’s March 6, 2013 meeting.

The Sept. 4 DDA board meeting was somewhat unusual in that no one from the public chose to address the board during the session at either of the two points on the agenda for public commentary. [Full Story]

Ann Arbor DDA OKs $300K for County Annex

Washtenaw County will be receiving $300,000 from the Ann Arbor Downtown Development Authority as a result of DDA board action taken at its Sept. 4, 2013 meeting.

The resolution approved by the DDA board on a unanimous vote states that the money will support renovations to the building at 110 N. Fourth in Ann Arbor (known as the Annex) so that it can house the county’s Community Support & Treatment Services (CSTS) department. [.pdf of DDA resolution on Annex] The cost of the renovations at the Annex, which would include a new lobby and “client interaction” space, would be about $1 million, according to the DDA board resolution.

CSTS provides a variety of client services to individuals with mental illness, developmental disabilities and … [Full Story]

No Council Vote on DDA, AAHC Apointments

At its Sept. 3, 2013 meeting, the Ann Arbor city council was asked to confirm just three of the four nominations made at the council’s previous meeting on Aug. 19.

Leigh Greden’s nomination to the Ann Arbor housing commission had been withdrawn before the meeting. And one of the remaining three nominations was withdrawn during deliberations. Mayor John Hieftje withdrew Al McWilliams’ appointment to the Ann Arbor Downtown Development Authority during the meeting. But the dynamic of the meeting, which included the absence of two councilmembers, suggested that McWilliams’ appointment might be brought forward for a vote at a future session.

The two other nominations from Aug. 19 were confirmed: Devon Akmon’s appointment to fill a vacancy on the public art commission; and Logan … [Full Story]

Ann Arbor Council Punts on DDA Issue

A final vote on a revision to the Ann Arbor city code regulating the Ann Arbor Downtown Development Authority’s tax increment finance (TIF) as been postponed again – until Sept. 16.  The postponing action was taken by the city council at its Sept. 3, 2013 meeting. At stake is around $1 million or more a year in tax revenue.

Ann Arbor DDA TIF Revenue projections Ann Arbor DDA TIF revenue projections. The vertical line indicates the year when the clarified calculations would be implemented. The red line is the amount of TIF revenue assumed by the DDA in its FY 2014 and FY 2015 … [Full Story]

Sept. 3, 2013 Ann Arbor Council: Final

The council’s post-holiday meeting agenda signals the end of summer and a reminder of work the council left unfinished several weeks earlier. Two items on the agenda were postponed until the Sept. 3, 2013 meeting at least seven weeks ago. The first is a revision to the ordinance regulating the Ann Arbor Downtown Development Authority. The second is a revision to the council’s own internal rules, which could have an immediate impact on the way conversations between the council and the DDA take place.

New sign on door to Ann Arbor city council chamber

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

For both agenda items, the expectation was that council committees would work during the interim period to hammer out a clarified proposal and recommendation for the full council to consider on Sept. 3. In neither case was that committee work accomplished.

After voting at its May 6, 2013 session to postpone a final vote on DDA ordinance revisions until Sept. 3, the council attempted to ensure that the deliberations at the first meeting of the fall would be productive. The council voted on July 1, 2013 to establish a joint council-DDA committee to work out a recommendation on possible legislation. The main point of controversy involves the definition of the DDA’s tax increment finance (TIF) capture.

Already given initial approval by the council is a proposal that would essentially enforce the existing ordinance language. The revision to the ordinance would have an arguably inconsequential impact on TIF revenue received by the DDA – when compared to its most recent 10-year planning document. What makes that comparison controversial, and unwelcome to the DDA staff and board, is the fact that its most recent planning document doesn’t include tax revenue from very recent new downtown construction. The revised ordinance would have a roughly $1 million per year negative impact on DDA TIF revenues – when compared to the amount the DDA would receive if the DDA were allowed to give the existing ordinance language its preferred interpretation.

The charge to the joint committee on July 1 was to begin meeting immediately, but the group did not convene until eight weeks later, on Aug. 26 – after the Aug. 6 Democratic primary election. The outcome of that election left a key vote in place for an ordinance revision that doesn’t favor the DDA – that of Stephen Kunselman (Ward 3), who defeated challenger Julie Grand. Still, DDA board members at the Aug. 26 meeting seemed keen to continue a delaying gambit. That’s because a failure by Jane Lumm (Ward 2) to win re-election in November could tip the balance in the DDA’s favor – even factoring in the addition of Jack Eaton in Ward 4. Eaton, who prevailed on Aug. 6 over incumbent Marcia Higgins, supports the idea of constraining the DDA’s TIF capture.

At the one committee meeting held so far, the only substantive concept that was batted around briefly was the idea of defining some kind of fixed cap on TIF revenue. This approach would replace the existing ordinance language, which calibrates the DDA’s TIF capture with the projections in the TIF plan. But the discussion never went as far as to include dollar amounts for the fixed cap. After about an hour and a half of political squabbling and sometimes inaccurate recitation of historical facts, the general mood among councilmembers seemed to be reflected in a remark by Sally Petersen (Ward 2): “I don’t think we can be there by next week.” So the item looks likely be postponed on Sept. 3. However, the council is free to vote the proposal up or down at this meeting.

The one session of the joint DDA-council committee still exceeded, by one meeting, the council rules committee’s effort over the summer. The rules committee did not meet at all between July 15, 2013 and Sept. 3. On July 15, the council had postponed a vote on new rules, but not before rejecting one of the proposed rule changes, which the committee had first presented on June 17, 2013. The council as a whole was not keen to shorten public commentary speaking turns. So the proposal currently in front of the council would maintain the existing three-minute time limit.

But as the council’s July 15 deliberations on other proposed rules changes threatened to bog down that meeting, Marcia Higgins (Ward 4), chair of the rules committee, encouraged a postponement until Sept. 3. In the interim, the committee – consisting of Higgins, Sabra Briere (Ward 1), Stephen Kunselman (Ward 3), Christopher Taylor (Ward 3), and mayor John Hieftje – was supposed to meet to consolidate input from other councilmembers and perhaps present a clean slate of proposed revisions.

Even though the rules committee didn’t meet, based on comments by Briere and Sumi Kailasapathy (Ward 1) at the Sunday night caucus on Sept. 1, they might push to eliminate all proposed revisions to the rules except for the one that had prompted the rules committee to consider some changes in the first place. The rules changes were prompted by a desire to allow for public commentary at council work sessions – to eliminate any question about whether councilmembers were engaged in deliberative interactions at those sessions. By allowing for public commentary at work sessions, the council would ensure compliance with Michigan’s Open Meetings Act. By enacting that rule change on Sept. 3, the council would be set for a fully deliberative work session on Sept. 9 – which is scheduled to be a joint session with the board of the DDA.

Three other significant items on the Sept. 3 agenda are tied together with an environmental thread. The council will be considering a resolution directing city staff to explore options with the Michigan Dept. of Environmental Quality and with the U.S. Environmental Protection Agency to help to set the clean-up requirements for 1,4-dioxane so that the Pall-Gelman plume is cleaned up to appropriate standards. The council will also be asked to act on a resolution urging the city’s employee retirement system to divest from fossil fuel companies. And finally, the council will consider a resolution directing staff to work with DTE on a pilot program for a “community solar” initiative.

More detail on other meeting agenda items is available on the city’s Legistar system. Readers can also follow the live meeting proceedings on Channel 16, streamed online by Community Television Network. The Chronicle will be filing live updates from city council chambers during the meeting, published in this article “below the fold.” The meeting is scheduled to start at 7 p.m. [Full Story]

DDA, AAATA Appointments Confirmed

The Ann Arbor city council has confirmed appointments to the boards of two key organizations – the Ann Arbor Downtown Development Authority and the Ann Arbor Area Transportation Authority. The action took place at the council’s Aug. 19, 2013 meeting.

Rishi Narayan was appointed to the board of the Ann Arbor DDA. On the DDA board, Narayan is replacing Leah Gunn, who did not seek reappointment to the board this July after serving nearly 22 years, starting in 1991. Narayan is founder and managing member of Underground Printing, which offers screenprinting of apparel in more than a dozen cities nationwide. Narayan made the Crain’s Detroit Business “Twenty in their 20s” list in 2010 as a 28-year-old.

That still leaves two positions unfilled on the DDA board. One of those … [Full Story]