Stories indexed with the term ‘appointments’

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 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]

Changes Afoot at Washtenaw Road Commission

At their Oct. 2, 2013 meeting, Washtenaw County commissioners postponed a vote to appoint Barb Fuller to the Washtenaw County road commission. She was nominated by board chair Yousef Rabhi (D-District 8) to fill a seat vacated by Ken Schwartz when he took over as supervisor for Superior Township on Oct. 1. The position is for the remainder of a six-year term, through Dec. 31, 2018.

Dan Smith (R-District 2) asked whether Rabhi had received a letter of resignation from Schwartz. When it was determined that Schwartz hadn’t officially resigned, Smith moved to postpone action on the appointment until Oct. 16. The vote on the postponement was 6-3, over dissent from Rabhi, Rolland Sizemore Jr. (D-District 5) and Andy LaBarre … [Full Story]

Two Applicants Vie for Road Commission Seat

Two people have applied for the job of Washtenaw County road commissioner, a position that’s expected to be vacated by current commissioner Ken Schwartz when he takes over as supervisor for Superior Township on Oct. 1. The two applicants are Barbara Fuller and Lisa Solomon.

The deadline to apply was Sept. 25. The position would be for the remainder of a six-year term, through Dec. 31, 2018.

Schwartz held one of three seats on the road commission, which oversees the maintenance of about 1,650 miles of roads in the county that are outside of cities and villages, including about 770 miles of gravel roads. Road commissioners are appointed by the county board of commissioners. Board chair Yousef Rabhi plans to nominate a … [Full Story]

Column: How to Count to 8, Stopping at 6

The Ann Arbor city council’s vote last Monday on the appointment of Al McWilliams to the board of the Ann Arbor Downtown Development Authority was 6-5 on the 11-member body. A 6-5 vote for the Ann Arbor council is rare, and reflects a certain amount of controversy surrounding McWilliams’ appointment.

6 is not actually greater than or equal to 8

Fact: 6 is not actually greater than or equal to 8.

But in this column I’d like to leave aside the controversies that led to such a narrow split. Instead, I’d like to review the history of the legislative actions that led up to the 6-5 vote at the council’s Sept. 16, 2013 meeting. That review leads me to conclude that eight votes should have been required for approval.

A quick narrative summary goes like this: McWilliams was set to be nominated, then not actually nominated, but then nominated after all, then had his nomination “withdrawn,” and then finally had his nomination voted on by the council. But in the end, the six-vote majority was declared enough to confirm his membership on the DDA board, replacing Newcombe Clark, who made an employment-related move to Chicago after serving one four-year term.

Choice of the phrase “was declared enough to confirm” is not accidental. Even though the tally of six votes was deemed sufficient by the city clerk and mayor John Hieftje for approval of the motion, I think the vote actually required eight votes to pass.

Under the council’s rules, a nomination to a board or commission can’t be confirmed or approved before the next regular meeting of the council – unless eight members of the council vote for the confirmation. So the typical pattern is that a nomination is put forward at one meeting and the vote on confirmation is taken at the next regular meeting.

Hieftje explicitly stated at the council’s Sept. 3 meeting – during deliberations – that he was withdrawing the nomination of McWilliams. The matter was not “postponed” – as Hieftje described it at the Sept. 16 meeting – because the council did not vote on the McWilliams nomination at all, much less vote in a way that postponed consideration. It certainly would have been an option for the council to have entertained a motion to postpone. But councilmembers did not wind up voting on it at all, and Hieftje stated: “Okay, so I will withdraw it [McWilliams' nomination] tonight.”

Under any rational understanding of the nomination and confirmation procedure, Hieftje needed to take some affirmative action to put the nomination before the council again, which could have been done at the Sept. 16 meeting. Early in that meeting, during communications time, Hieftje indicated to the council he’d be bringing McWilliams’ nomination forward toward the end of the meeting, when nominations and confirmations are handled. The nomination was not on the council’s agenda as of 4 p.m. that day and came as a surprise to some councilmembers.

But instead of just placing the nomination of McWilliams before the council, Hieftje also asked the council on Sept. 16 to vote on confirmation, which it did – with the 6-5 outcome.

It’s puzzling that the online Legistar file for Sept. 16 containing the McWilliams nomination states that the nomination was “placed on the table for [the council's] consideration at the Sept. 3, 2013 Regular Session.” Reviewing my own notes, The Chronicle’s reporting and the CTN video, I can’t discern anything that happened at the Sept. 3 council meeting that could reasonably be described as placing McWilliams’ nomination on the table for consideration. Certainly councilmembers were asked to vote on Sept. 3 on a nomination that had been put before them on Aug. 19. But at the Sept. 3 meeting, the nomination was withdrawn by Hieftje for consideration by the council. And the Legistar record from Sept. 3 accurately reflects that: “Appointment taken off the table on 9/3/13.”

It’s certainly contemplated by the council’s rules that a nomination and confirmation vote can take place at the same meeting. So asking for the vote on Sept. 16 did not violate the council’s rules. It’s just that the 6-5 outcome on that vote should have been judged as not confirming the appointment of Al McWilliams to the DDA board – because it needed eight votes.

The problem here is not just a technical one. What’s the rationale for a higher voting threshold when a confirmation vote comes at the same meeting as the nomination? Granted, I think part of the rationale is to ensure enough time for an adequate review and vetting of a candidate – which arguably took place in the case of McWilliams’ nomination. But part of the rationale is not peculiar to appointments to boards and commissions. At least part of that general parliamentary principle is this: A higher standard is imposed when less notification has been given to the members of the council (and to the public).

When Hieftje withdrew McWilliams’ nomination at the Sept. 3 meeting, I think councilmembers and the public could have had a reasonable expectation that they’d be notified of an upcoming vote on his confirmation at least one meeting before a confirmation vote was taken. Absent that notification, the threshold for a successful vote should rise – to eight.

In this column, I’ll lay out some of the documentation in the online Legistar files that makes clear that the Sept. 16 nomination really was considered a new, fresh nomination that should have required either an eight-vote majority or a delay on voting until the following meeting.

I also have a suggestion for a remedy that does not involve Miley Cyrus. [Full Story]

County Seeks Applicants for Road Commission

The Washtenaw County board of commissioners will be appointing a new member of the county road commission, following action by Superior Township trustees to select Ken Schwartz as supervisor.

Schwartz, a former county commissioner who currently serves as one of the three county road commissioners, was appointed by the township’s board of trustees to replace former supervisor Bill McFarlane, who resigned recently because of health issues. The appointment was made at the township board’s Sept. 16, 2013 meeting.

According to a post on the township’s website, Schwartz’s term as supervisor begins Oct. 1 and ends at noon on Nov. 20, 2014. The elected office will be on the ballot for the August 2014 primary and the November 2014 general … [Full Story]

Short Council Meeting Hits Emotional Topics

Ann Arbor city council meeting (Aug. 19, 2013): An extraordinarily light agenda prompted Jane Lumm (Ward 2) on arrival in council chambers to remark that the meeting could be done in a half hour. The meeting actually stretched to about 90 minutes. But that still made it the shortest meeting in recent memory.

From right: Chuck Warpehoski (Ward 5), mayor John Hieftje, Sabra Briere (Ward 1)

There was time for conversation after the council meeting. From right: Chuck Warpehoski (Ward 5), mayor John Hieftje, and Sabra Briere (Ward 1) (Photos by the writer.)

The council didn’t engage in substantive deliberations on any of its regular business items, but did pull three items off the consent agenda for more scrutiny: (1) an Oktoberfest street closure in downtown; (2) a dam safety inspection contract for the city’s two hydroelectric dams; and (3) a renewal of the maintenance and support agreement for CityWorks software.

The CityWorks software drew public commentary from resident Kathy Griswold – because the web-based citizen request system that a third-party developed a few years ago using the CityWorks API (application programmer interface) does not have a good mobile interface. To the extent that a better mobile interface would allow residents more easily to report problems with traffic-related lines of sight (such as excessive vegetation), that could result in safety improvements.

Pedestrian safety was the second point raised by Griswold, as she weighed in against the city’s crosswalk ordinance, which requires motorists to stop for pedestrians who are in the crosswalk or standing at the crosswalk. It’s a position that Griswold has taken on several occasions in her remarks to the council over the last two years. Her contention is that the city’s ordinance should be identical to the language in the Michigan Uniform Traffic Code, which does not require stopping and does not extend to cover pedestrians who are standing at a crosswalk but not within it.

Sabra Briere (Ward 1) picked up on the topic of pedestrian safety during communications time, and delivered remarks she’d prepared at the request of former city councilmember Leslie Morris. Morris had attended the previous day’s Sunday night caucus and had asked Briere to address the issue of a recent pedestrian fatality on Plymouth Road. Briere ticked through a number of statistics on traffic crashes involving a pedestrian.

The meeting featured two topics related to constitutionally protected speech – one raised during public commentary and the other raised less visibly, during a closed session on the settlement of a lawsuit.

During his turn at public commentary, James Rhodenhiser asked the council to consider expressing its view on a regular weekly anti-Israel protest that’s been held for nearly 10 years outside the Beth Israel Congregation. Rhodenhiser is rector at St. Clare of Assisi Episcopal Church, and conveyed a written document to the council indicating support from 31 other local clergy. The council has in the past approved two resolutions referring to the protests. The city has not been able to take any substantive action to compel the protesters to cease their activity, because the demonstration is constitutionally-protected free speech.

Another issue related to constitutionally-protected speech was the topic of a closed session held near the end of the meeting, which lasted about 15 minutes. When the council emerged from the closed session, a unanimous vote was taken to settle a lawsuit: Dobrowolski v. City of Ann Arbor. The lawsuit alleged that the city infringed on constitutionally-protected speech when it used its vehicle sign ordinance to prohibit anti-abortion signs. The city agreed to pay $7,000 in legal fees and $50 to the plaintiff, Paul Dobrowolski – to cover the tickets he was issued for his signs.

In some significant voting business, the council confirmed appointments to the boards of the Ann Arbor Downtown Development Authority and the Ann Arbor Area Transportation Authority. Sally Petersen (Ward 2) offered positive remarks about both appointees – Rishi Narayan to the board of the Ann Arbor DDA and Jack Bernard to the board of the AAATA.

Petersen highlighted one other appointment – Alison Stroud to the city’s commission on disability issues, noting that Stroud is hearing impaired and used the CART (Communication Access Realtime Translation) to follow along at meetings. [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]

Noms: Narayan to DDA; Bernard to AAATA

Among the highlights of mayoral nominations to boards and commissions made at the Ann Arbor city council’s Aug. 8, 2013 meeting were two significant boards.

Rishi Narayan was nominated to replace Leah Gunn on the board of the Ann Arbor Downtown Development Authority. 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.

Jack Bernard was nominated to the board of the Ann Arbor Area Transportation Authority. When the AAATA articles of incorporation were changed recently to add the city of Ypsilanti as a member, the board was expanded from seven … [Full Story]

Among Appointments, Collins OK’d for DDA

As one of several nominations confirmed by the Ann Arbor city council at its July 15, 2013 meeting, Russ Collins was approved for a third four-year term on the board of the Ann Arbor Downtown Development Authority. The council’s vote was unanimous. Collins, executive director of the Michigan Theater, began his service on the DDA board in 2005.

The council also confirmed Jane Immonen, John Bassett, and Patrick Ion to the Elizabeth Dean Trust Fund committee. Sue Perry was nominated by mayor John Hieftje at the July 15 meeting to serve on that committee too. The vote on her confirmation will come at the council’s next meeting. The responsibility of the committee is to make recommendations on the use … [Full Story]

County Board Makes Several Appointments

Appointments to five Washtenaw County boards and commissions were approved by the county board of commissioners at its July 10, 2013 meeting.

Board chair Yousef Rabhi made the following nominations, which were confirmed by the board unanimously without discussion:

  • Police services steering committee: Scott Cooper
  • Washtenaw County/City of Ann Arbor community corrections advisory board: Tori Noe
  • Food policy council: Seema Jolly
  • Workforce development board: Renee Adorjan and Fred Pittman
  • River Raisin watershed council (alternate): Evan Pratt

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

Sandi Smith Takes DDA Baton from Gunn

Sandi Smith has been elected chair of the Ann Arbor Downtown Development Authority board for the current fiscal year, which began July 1. The board took the action at its annual meeting, which followed its regular monthly board meeting on July 3, 2013. Smith’s election as chair followed the board’s custom of electing its vice chair to the position of chair for the next year.

Other board officers elected included John Mouat as vice chair, Keith Orr as secretary, and Roger Hewitt as treasurer.

One of Smith’s first challenges leading the board will be to resolve an outstanding issue over the way the DDA administers Chapter 7 of the city code of Ann Arbor – which regulates the DDA’s tax increment finance … [Full Story]

Peters Confirmed to Planning Commission

The appointment of Jeremy Peters to the city planning commission has been confirmed by the city council in action taken at its July 1, 2013 meeting. Peters works in creative licensing and business affairs with Ghostly Songs. Peters had been nominated at the council’s June 17 meeting. Tony Derezinski had originally been slated at the June 3 meeting to be nominated for re-appointment, but his name was never put forward by mayor John Hieftje.

Also confirmed by the council were the appointments of Eric Jacobson to the local development finance authority (LDFA) board and Jan Davies McDermott to the economic development corporation board.

Also at the council’s July 1 meeting, Hieftje nominated Russ Collins for re-appointment to the board of the … [Full Story]

Public Art Group Weighs Revamping Awards

Ann Arbor public art commission meeting (June 26, 2013): Much of the discussion at AAPAC’s most recent meeting focused on the themes of outreach and public engagement.

John Kotarski, Ashlee Arder, Ann Arbor public art commission, The Ann Arbor Chronicle

Ann Arbor public art commissioners John Kotarski and Ashlee Arder at AAPAC’s June 26, 2013 meeting. Arder was shooting B-roll for a video she’s making about the commission. (Photos by the writer.)

As part of that, a proposal to overhaul the Golden Paintbrush awards – the city’s annual recognition of individuals and organizations who support public art in Ann Arbor – received the most attention. Commissioners John Kotarski and Connie Brown had recommended four categories of public recognition to replace the Golden Paintbrush, including a lifetime achievement award, a “Random Acts of Art” award, and public art awards to be presented at a formal social event that was described as an “Academy Awards-type” ceremony.

Although there was general consensus that the Golden Paintbrush needs to be improved, some commissioners felt that the proposed public recognition program was overreaching at this point. Malverne Winborne worried about “scope creep” – going too far afield of AAPAC’s role. Marsha Chamberlin thought that making some changes to the Golden Paintbrush, including a new name, could serve the same purpose. Ultimately, commissioners decided to give the proposal more thought before acting on it.

Also related to public engagement, Kotarski and AAPAC chair Bob Miller reported on efforts to get input on proposals by four finalists for artwork at the East Stadium bridges. The two men have been making presentations to a variety of groups, and are seeking feedback via two online surveys – one on Survey Monkey, another on A2 Open City Hall. Commissioners also talked about having a regular table at the Sunday artisan market and increasing their use of social media, including the commission’s Facebook page and Twitter account – @AAPublicArt. AAPAC also will have a table at the July 15 Townie Street Party.

In other action, commissioners voted to create exploratory task forces for possible projects at Arbor Oaks Park in southeast Ann Arbor, and at the wastewater treatment plant on Dixboro Road in Ann Arbor Township. Craig Hupy, the city’s public services area administrator, had approached AAPAC about the possibility of incorporating public art into the wastewater treatment project. He noted that of the remaining amount in the Percent for Art funds, much of it came from wastewater-related projects, and must be spent on public art with a “nexus” to wastewater. [Full Story]

Friction Emerges Between Council, Court

Ann Arbor city council meeting (June 17, 2013): Budget items for the 15th District Court drew more attention than any other single topic, taking up more than an hour of the council’s deliberations. The council also devoted more than a half hour to an item related to a Department of Energy grant that could lead to the installation of a wind generator on the property of Pioneer High School.

From left: judge Christopher Easthope and 15th District Court administrator Keith Zeisloft.

From left: 15th District Court judge Christopher Easthope – a former Ann Arbor city councilmember – and 15th District Court administrator Keith Zeisloft at the council’s June 17 meeting. (Photos by the writer.)

The main court-related item was part of an annual adjustment to the current fiscal year’s budget (FY 2013), which ends on June 30. The adjustment is made on a routine basis in order to bring the budget in line with actual expenditures. The general fund budget adjustment that was eventually approved by the council increased it by $567,000.

And of that amount, a significant part was attributable to the 15th District Court – including $112,000 in salary increases based on an interest in retaining employees, $203,000 due to a “catch up” payment to the law firm that provides indigent representation, and a back-bill for security from Washtenaw County for two fiscal years for $110,000. None of the salary increases went to judges, whose compensation is set through state statute.

The council was essentially being asked to approve the accounting adjustment for money that had already been spent this year.

The city’s budget for the next fiscal year – approved by the council last month, on May 20, 2013 – already incorporated the court workers’ salary increases going forward, and councilmembers had been apprised of the raises before their budget deliberations in May. The council’s deliberations on May 20 had not focused on those raises, but rather on the possibility of reducing the court’s budget in order to fund additional police officers for the city.

At the June 17 meeting, all three judges of the court plus the court administrator were on hand – as some councilmembers drew out a disagreement regarding how the wage increases should have been approached. At least some councilmembers felt the court should have asked the council before awarding wage increases to its workers.

Tom Crawford, the city’s chief financial officer, indicated at the meeting that if the council had not approved the budget adjustment for the court, it would likely have generated a note in next year’s audit.

Other court-related items on the council’s agenda included a new $240,000 annual flat-fee contract with Nassif and Reiser – the firm that provides indigent representation for the court. The council also approved a $160,000 contract with the Washtenaw County sheriff’s office for weapons screening at the Justice Center, the building next to city hall that houses the 15th District Court.

The council approved two items related to the court’s special Sobriety Court, one of which was a $65,000 grant program contract with the nonprofit Dawn Farm to provide in-patient and out-patient drug abuse counseling to 15th District Court defendants. It was approved over the dissent of Sabra Briere (Ward 1), who objected to the accompanying provision that waived a requirement that Dawn Farm adhere to the city’s living wage ordinance.

The wind generator item was originally on the consent agenda, but was pulled out for separate consideration. The council had previously voted unanimously at its Jan. 7, 2013 meeting to accept a roughly $950,000 U.S. Department of Energy grant for installation of the wind generator. The council was asked on June 17 to spend about $50,000 of the grant proceeds on an initial environmental assessment, required before the project can move forward. Three councilmembers balked at the request, but the resolution was ultimately approved.

In business related to revisions of local laws, the council gave final approval to an ordinance change that limits use of fireworks to between the hours of 8 a.m. and midnight. And the council gave final approval to the city’s outdoor sign ordinance that limits the incorporation of digital technology into outdoor signs – in a way that prohibits such use for billboards. However, the council again delayed taking an initial vote on an ordinance that would regulate how local law enforcement officials can use public surveillance cameras. The council did give initial approval to adopt the new fire code into the city’s ordinances.

In land use and development business, the council approved a revised development agreement for The Varsity. The agreement now incorporates a total of seven monthly parking permits that will be purchased at a premium cost under the city’s contribution in lieu (CIL) program. The council also gave approval to site plans for two projects: the State Street Center and 544 Detroit St. The 544 Detroit St. project included a brownfield plan, which was also approved. Another brownfield plan was on the council’s agenda – related to the Packard Square development on the site of the former Georgetown Mall. That plan had previously been approved, but an additional council vote was needed to change the set of activities that are eligible for reimbursement.

In connection with government-controlled land, the council approved $382,000 in additional operating support for the Ann Arbor Housing Commission. The council also passed a resolution committing up to $750,000 in general fund money to convert city-owned property at 721 N. Main to a greenway park. However, if the grants that the city expects to be awarded are actually received, none of that $750,000 would need to be spent on the project.

The council again heard public commentary about a homelessness outreach ministry in one of the city’s established parks – Liberty Plaza in downtown Ann Arbor, at Division and Liberty streets.

The council also approved revisions to collective bargaining agreements with the six unions in the police department, which gave members a 2% wage increase.

In a symbolic effort, the council voted to oppose expansion of I-94 in Detroit and I-75 in Oakland County – a proposal that’s part of SEMCOG’s 2040 Regional Transportation Plan with an estimated cost of $4 billion. SEMCOG subsequently adopted the plan.

The council put off voting on proposed changes to its internal rules, which could result in adding public commentary time at the council’s work sessions, but reducing the time allowed per turn from three minutes to two minutes. The council is expected to vote on the full set of rule changes at its July 1 meeting.

The proposed changes to the rules would move nominations and confirmation of appointments to a slot near the start of the meeting, instead of its current position near the end. For the June 17 meeting, the council’s confirmations came after midnight – and included reappointment of Bonnie Bona to the planning commission, and LuAnne Bullington to the taxicab board. [Full Story]

Council OKs Appointments: Planning, Taxicab

Several appointments to boards and commissions were confirmed by the Ann Arbor city council at its June 17, 2013 meeting.

First, the council extended the appointment of the councilmember representative on the city planning commission. Sabra Briere (Ward 1), who’s served in that capacity since November 2012, had her term extended from June 30, 2013 through Nov. 7, 2013. At that point the membership on the new, post-election city council will be settled. Briere is unopposed in the Democratic primary. An independent candidate, Jaclyn Vresics, has taken out petitions for that seat but has not yet filed them with the city clerk’s office. The deadline for independent candidates to submit petitions is Aug. 7.

Also confirmed to the planning commission as a … [Full Story]

Ann Arbor Greenbelt Group Marks Transition

Ann Arbor greenbelt advisory commission meeting (June 6, 2013): Three long-time commissioners attended their final GAC meeting this month, marking a pivotal point in the history of the greenbelt program.

Laura Rubin, Archer Christian, Ann Arbor greenbelt advisory board, The Ann Arbor Chronicle

From left: Ann Arbor greenbelt advisory commissioners Laura Rubin and Archer Christian came to city hall by bike. This was the last meeting for Rubin, who is term limited. She and other outgoing commissioners Dan Ezekiel and Tom Bloomer were honored during GAC’s June 6 meeting. (Photos by the writer.)

Tom Bloomer, Dan Ezekiel and Laura Rubin, whose terms end this month, are term-limited. Ezekiel and Rubin are the only remaining members of the original commission, which was formed in 2004. “I’m just really, really proud of what we’ve accomplished, and of what you all will continue to accomplish,” Ezekiel, GAC’s chair, told commissioners at the end of the meeting. “I’m done being on the commission, but I’m not done with land preservation – and I’m sure Tom and Laura feel the same way.”

It was the first meeting for GAC’s newest commissioner, Stephanie Buttrey, who replaced Liz Rother. Jennifer Fike will join GAC next month to replace Rubin, but there are still two remaining vacancies. Anyone who’s interested in applying should contact their city council representative. [.pdf of application form for city boards and commissions]

An ongoing concern emerged during the June 6 meeting related to Civil War Days – a reenactment event being held this weekend at Gordon Hall in the Dexter area. A dispute over spectator parking on the land has prompted Scio Township trustees to move toward rescinding an existing conservation easement and replacing it with a new easement. The new easement would allow for parking, without a requirement to seek permission for parking each year. The property is owned by the Dexter Area Historical Society, a group that was sharply criticized by Bloomer. “Quite frankly, the Dexter Area Historical Society has been an untrustworthy partner from the very beginning,” he said, “and I don’t know why [the township board] thinks they’ll honor a new easement any more than they honored the old one.”

Although the land in question is outside of the greenbelt boundaries, it’s of interest to GAC because of the underlying issue of easement enforcement.

Commissioners were also briefed on a proposed greenbelt registry that’s being developed. The intent is create a way to formalize relationships with landowners who aren’t yet part of the greenbelt program, but who are committed to the program’s principles of land preservation. [Full Story]

Besides the Budget: Council’s May 20 Meeting

Ann Arbor city council meeting Part 2: Non-budget items (May 20, 2013): Although the approval of the FY 2014 budget took up the majority of its meeting time, the council still completed a lot of other business. Budget deliberations are reported separately in Part 1 of the May 20, 2013 meeting report. Part 2 focuses on non-budget items.

From left: Community services area administrator Sumedh Bahl and city administrator Steve Powers

From left: Community services area administrator Sumedh Bahl and city administrator Steve Powers. At the council’s May 20 meeting, Bahl was called on to explain the circumstances under which a homelessness outreach ministry was apparently charged a facility rental fee. (Photos by the writer.)

On the surface it seemed like a controversial new development at 413 E. Huron – approved by the council at its May 13 session – might be reconsidered with a different outcome. But the item added to the agenda at the start of the May 20 meeting was simply motivated by a need to rectify a technical detail – to correct a reference to the most recent set of project plans. The council dispatched the item with scant discussion.

Fees were a highlight of the meeting in several ways, beginning with public commentary. Several residents spoke against the city charging a parks & recreation rental fee to a local church, for its homelessness outreach ministry in Liberty Plaza. Mayor John Hieftje gave an assurance that it was his intent for the Pizza in the Park event to continue without being assessed a fee by the city.

On the council’s agenda were three sets of fees for different service areas of the city, including those for parks and recreation. The council approved fee increases for facility rental at Gallup Park and Cobblestone Farm, as well as various public services area fees, and fire inspection and permitting fees. The fire permit fees prompted moderate discussion among councilmembers, pushed by Mike Anglin (Ward 5) and Stephen Kunselman (Ward 3). Kunselman’s colleagues agreed to his call for a substantial reduction in fire permit fees for bonfires – based on the idea that lower fees would result in higher compliance.

Fees were also on the agenda in the form of utility rate increases, which the council gave initial approval. Because the utility rates are part of the city’s ordinances, they need an initial approval followed by a public hearing and then a second and final vote. In terms of revenue generated to the city, the proposed rate increases are expected to generate 3.55% ($739,244) more for drinking water, 4.25% ($955,531) more for the sanitary sewer, and 4% ($233,811) more for stormwater.

In other business, an economic development task force, put forward by Sally Petersen (Ward 2) over the last several weeks, was formally established by the council. Appointed to the task force for the city were Petersen, Marcia Higgins (Ward 4) and city administrator Steve Powers. The two other entities that are being asked to participate are Ann Arbor SPARK and the Ann Arbor Downtown Development Authority. They can appoint up to three members each.

Appointments to standing boards and commissions approved by the council at its May 20 meeting included Stephanie Buttrey to the greenbelt advisory commission (GAC), Susan Baskett to the board of the Ann Arbor Transportation Authority (AATA), Paras Parekh to the city planning commission, and Jennifer Geer to the park advisory commission. Nominated to serve on GAC was Jennifer Fike.

A proposed ordinance on video privacy was again postponed by the council, this time until June 17. But the council did take action to approve a contract for roof repair at the Veterans Memorial Park ice arena.

Public commentary included a focus on how the city allocates its share of Act 51 money, which comes from the state to fund road maintenance. The city designates a portion of those funds for non-motorized facilities. In years past, that portion was 5%, but was reduced to 2.5% as a result of the economic downturn. Non-motorized transportation advocates are now calling for restoration to the 5% level. [Full Story]

Appointments to AATA, GAC, PC Approved

Appointments to the city’s greenbelt advisory commission (GAC), the board of the Ann Arbor Transportation Authority (AATA), and the city planning commission have been confirmed by the Ann Arbor city council in action taken at its May 20, 2013 meeting. Receiving confirmation from the council were Stephanie Buttrey (GAC), Susan Baskett (AATA board) and Paras Parekh (planning commission).

Buttrey had been nominated at the council’s May 6 meeting. She’s an engineer and retired Chrysler executive. She’ll serve out the remainder of Liz Rother’s term, through June 30, 2014.

Baskett currently serves as a trustee on the board of the Ann Arbor Public Schools, an elected position. She’s worked with a committee to replace some school bus routes with AATA service. Her confirmation by the council was … [Full Story]

Green Light for 413 E. Huron

Ann Arbor city council meeting (May 6, 2013 – May 13 session): In the session’s main business, the council voted 6-5 to approve a controversial 14-story residential project at 413 E. Huron. The vote came at around 9 p.m., about two hours into the session.

View looking north east at Division and Huron. A chain link fence around the construction site has been in stalled in anticipation of construction of the 413 E. Huron project.

View looking northeast at Division and Huron. A chain link fence around the construction site has been installed in anticipation of construction for the 413 E. Huron project. (Photos by the writer.)

While there’d been some speculation earlier in the day that Christopher Taylor (Ward 3) would not be able to attend the May 13 session – which was a continuation of the meeting that began on May 6 – he was present for the meeting. And his support of the project was crucial in providing the six-vote majority it needed. Taylor was joined in the vote by mayor John Hieftje, Marcia Higgins (Ward 4), Margie Teall (Ward 4), Chuck Warpehoski (Ward 5) and Sally Petersen (Ward 2).

A decision on the site plan for the project, which will offer more than 200 apartments with more than 500 bedrooms, had been previously postponed on April 15, 2013, April 1, 2013 and March 18, 2013. The council recessed its May 6 meeting at around 11:30 p.m. just as it reached the 413 E. Huron site plan. So when the meeting resumed on May 13, the site plan was first on the council’s agenda.

Councilmembers who voted against site plan approval for 413 E. Huron gave pointedly specific reasons for voting no – citing traffic safety issues or failure to comply with aspects of the East Huron character district, or other aspects of the city code. It was a clear contrast to the approach a previous council had taken nearly 40 years ago in 1975, when then-councilmember Bob Faber explained his vote to deny approval of a site plan this way: “Finally, I will vote against this and I will move that the attorney and the planning director tell us why we voted no because obviously we don’t know yet and see what he can do with that in the court …” That decision had led to a losing lawsuit.

It was fear of losing a lawsuit that councilmembers cited in voting to approve the 413 E. Huron project.

After voting on the 413 E. Huron project, the council finished off the substantial number of remaining items on its agenda.

The council gave initial approval to changes to the city’s public art ordinance. The proposal includes removing the requirement that 1% of all capital project budgets be set aside for public art. Drawing some discussion from councilmembers was an additional change to which they gave preliminary approval. The additional change allows the council the flexibility to return money to its fund of origin, which might be set aside for public art in the FY 2014 budget. The council takes up the ordinance changes for final approval on June 3.

Another ordinance change to which the council gave initial approval is a change to utility improvement charges for undeveloped property. That will also appear on the council’s June 3 agenda for final approval.

In addition to initial approval of changes to those two ordinances, the council gave initial approval to rezoning of two different parcels – a property at 490 Huron Parkway and on South State Street. The property on Huron Parkway is proposed to be rezoned from R3 (townhouse district) to R1B (single-family dwelling) and would allow the currently vacant 1.22-acre site, located north of Ruthven Park, to be divided into three separate lots.

The State Street Center project is located adjacent to a new Tim Hortons restaurant, which opened last year near the intersection of State and Ellsworth. The rezoning request is from O (office) to C3 (fringe commercial). It would make the actual zoning consistent with the city’s official zoning map, which had been mislabeled. The site plan calls for demolishing a vacant 840-square-foot house and building a one-story, 1,700-square-foot building with a drive-thru Jimmy John’s restaurant facing South State Street.

An expansion to the Theta Delta Chi house on State Street near the University of Michigan campus was given quick approval after first appearing on the April 15 agenda and getting bumped to the May 6 agenda, when the council postponed all remaining items due to the late hour. The council didn’t reach the Theta Delta Chi item until the May 13 session.

And the council gave approval to two items affecting the Ann Arbor fire department – one to accept a federal grant that will pay for exhaust fume removal systems at fire stations, and another to appropriate funds to replace protective gear worn by firefighters.

The University of Michigan appeared in connection with two different agenda items. One resolution authorized a contract for the city worth more than $600,000 in connection with a vehicle-to-vehicle study – for which the UM Transportation Research Institute (UMTRI) won a $14 million federal grant. That won quick approval from the council.

The other item related to UM involved a right-of-way agreement for placing electrical conduit under Tappan Street – so that an emergency generator can serve a law school dorm. The resolution reflected a disagreement between the city and the university about whether the agreement was a transfer of land interest. The university insisted the council treat it as such a transfer, with an eight-vote majority requirement. The resolution received only seven votes, and thus failed.

Councilmembers passed two resolutions necessary to impose a special assessment on property owners along Miller Avenue, to help pay for construction of new sidewalks. And the council authorized a contract with Coca-Cola as the vendor for Ann Arbor’s city parks – but not without concern expressed by some councilmembers about the company’s human rights record and the nutritive value of soft drinks.

Receiving more discussion than they typically do were confirmations of mayoral appointments, in particular that of Eric Mahler to the board of the Ann Arbor Transportation Authority. Four councilmembers voted against Mahler, though that was still not enough to derail his appointment. Dissenters argued in part that it’s important to expand the total pool of people who are appointed to boards and commissions. Mahler has served two terms on the city planning commission. Dissenters also cited an alternate candidate, unnamed at the meeting, who was thought to be preferable to Mahler – because she would be able to represent the disability community better. The alternate candidate was LuAnne Bullington. [Full Story]

May 13, 2013 Ann Arbor Council: In Progress

The Ann Arbor city council’s May 13, 2013 session of its May 6 meeting will begin with consideration of the site plan for 413 E. Huron St. – a 14-story residential building proposed for the northeast corner of Division and Huron streets in downtown Ann Arbor. Live updates will be filed from the meeting, and published “below the fold.”

Door to Ann Arbor city council chambers

Door to the Ann Arbor city council chamber.

The May 13 session – scheduled to start at 7 p.m. – will begin immediately with the agenda item on the 413 E. Huron site plan, unless the agenda is re-opened and amended in some fashion. None of the routine elements associated with the start of meetings, like public commentary reserved time, will be included. Those items were already dispatched on May 6.

It was around 11:30 p.m. on May 6 when the council decided to recess the meeting, and to resume it on May 13. At that point the council had completed eight public hearings and voted on a number of other items, before reaching the 413 E. Huron site plan.

While the 413 E. Huron site plan will be the first item that the council confronts, several other significant items appear on the remainder of the council’s agenda.

The council is scheduled to hear a first reading of proposed changes to the city’s public art ordinance. The proposal includes removing the requirement that 1% of all capital project budgets be set aside for public art.

Another ordinance change to which the council will be asked to give initial approval is a change to utility connection charges for undeveloped property.

In addition to initial consideration of changes to those two ordinances, the council will be asked to give an initial approval to rezoning of two different parcels – a property at 490 Huron Parkway and on South State Street. The property on Huron Parkway is supposed to be rezoned from R3 (townhouse district) to R1B (single-family dwelling) and would allow the currently vacant 1.22-acre site, located north of Ruthven Park, to be divided into three separate lots.

The State Street Center project is located adjacent to a new Tim Hortons restaurant, which opened last year. The rezoning request is from O (office) to C3 (fringe commercial). It would make the actual zoning consistent with the city’s official zoning map, which had been mislabeled. The site plan calls for demolishing a vacant 840-square-foot house and building a one-story, 1,700-square-foot building with a drive-thru Jimmy John’s restaurant facing South State Street.

An expansion to the Theta Delta Chi house on State Street is also on the agenda for approval.

The Ann Arbor fire department shows up on two different items – one to accept a federal grant that will pay for exhaust fume removal systems for fire stations, and another to appropriate funds to replace protective gear worn by firefighters.

And the University of Michigan appears in two different agenda items. One item authorizes a contract for the city worth more than $600,000 in connection with the vehicle-to-vehicle study – for which the UM Transportation Research Institute (UMTRI) won a $14 million federal grant. The other item related to UM involves a right-of-way agreement for the placement of electrical conduit under Tappan Street, so that an emergency generator can serve a law school dorm.

Other agenda items include some resolutions necessary to impose a special assessment on property owners along Miller Avenue, to help pay for construction of new sidewalks. And the council will be asked to choose Coke over Pepsi as the vendor for Ann Arbor’s city parks. [Full Story]

City Council Sets Up for 413 E. Huron

Ann Arbor city council meeting (May 6, 2013 – May 6 session): Although the council did not take final action on many agenda items, it did complete eight public hearings and postponed some significant questions – before deciding to recess the meeting for a week. When the same meeting resumes on May 13, the first item to be confronted by the council is the site plan approval for the 413 E. Huron apartment project.

Fourth Avenue between Huron and Washington streets.

Recess of the Ann Arbor city council’s May 6 meeting around 11:30 p.m.  – after eight public hearings and action on a few business items – paved the way for the council to resume the same meeting on May 13, with the 413 E. Huron project as the first item to be considered at that time. This photo shows Fourth Avenue between Huron and Washington streets, which will be repaired in the summer of 2013 as the result of a contract approved at the council’s May 6 session. (Photos by the writer.)

The council decided to suspend the proceedings around 11:30 p.m. – a different strategy than the one taken at the council’s April 15 meeting. On that occasion, councilmembers let the meeting continue until about 3 a.m. before deciding to end the session, postponing all remaining items until the next regular meeting on May 6.

At its May 6 meeting, the council voted unanimously to postpone until Sept. 3 one of the most controversial items on the agenda – revisions to the ordinance governing the Ann Arbor Downtown Development Authority. The most significant revision would clarify language from the original 1982 ordinance, which caps tax increment finance (TIF) revenue to the DDA. The clarifications would not allow for the kind of interpretation the DDA has given the ordinance for the last two years, which has resulted in no return of excess TIF to jurisdictions that have their taxes captured by the DDA.

Stephen Kunselman (Ward 3) led off communications time early in the meeting by describing some further changes he was prepared to make to the DDA ordinance – which would earmark money to support affordable housing. During the public hearing on the ordinance changes, the council heard from speakers on both sides, including five members of the DDA board. A highlight was the apparent initial indication of a slightly moderated position by some opponents of the ordinance changes. The council’s relatively brief deliberations on postponement revealed only grudging support from some councilmembers for putting off the vote for four months. Margie Teall (Ward 4) and Christopher Taylor (Ward 3) made clear they did not support the proposed changes to the ordinance.

The council also postponed action on a revision to the city’s sign ordinance, which would allow only certain types of digital signs. The ordinance amendments would cap the total number of billboards in the city at 28 and allow them to remain in place as non-conforming signs. It would not allow for retrofitting any existing billboards with digital technology. The council has already given the ordinance initial approval, and will take up the issue again on June 17.

Another item postponed by the council was consideration of a video privacy ordinance, which has not yet been given initial approval. That will come back to the council’s May 20 meeting.

Receiving approval from the council was the site plan for Summit Townhomes, located on Ellsworth Road. The project has been working through the city’s review and approval process for more than a year.

The downtown section of Fourth Avenue was somewhat of a geographic highlight for the May 6 meeting. The council approved a $741,900 contract with E.T. MacKenzie Co. to make improvements on Fourth Avenue between Huron and Liberty streets this summer. And the council formally withdrew its objection to renewal of the liquor license for The Arena, a bar located at Washington and Fourth. The Arena finally paid back taxes, which led to the council’s vote – but not without complaint from some councilmembers.

Another highlight of the meeting was the general topic of appointments to city boards and commissions. A brief discussion of how appointments work was prompted by the observation during public commentary that none of the appointments are current for members of the downtown citizens advisory council. The city council put off voting to confirm Stephanie Buttrey’s appointment to the greenbelt advisory commission. And not reached on the agenda were nominations to replace Jesse Bernstein on the board of the Ann Arbor Transportation Authority and Eric Mahler on the city planning commission – with Susan Baskett and Paras Parekh, respectively. [Full Story]

Greenbelt Commission Seeks New Members

Ann Arbor greenbelt advisory commission meeting (May 2, 2013): This month’s GAC meeting was highlighted by remarks from a likely new member – Stephanie Buttrey, an engineer and retired Chrysler executive. She’s being nominated to serve out the remainder of Liz Rother’s term through June 30, 2014, and is expected to be confirmed by the city council on May 6.

Christopher Taylor, Stephanie Buttrey, Ginny Trocchio, Ann Arbor greenbelt advisory commission, The Ann Arbor Chronicle

From left: Ann Arbor city councilmember Christopher Taylor, Stephanie Buttrey and Ginny Trocchio, who provides staff support for the Ann Arbor greenbelt advisory commission. Taylor serves on GAC, and Buttrey is being nominated to the commission. When asked by GAC chair Dan Ezekiel, Taylor and Buttrey reported that they did not coordinate their choice of pink shirts. (Photos by the writer.)

Buttrey told commissioners that she’s a 50-year Ann Arbor resident and University of Michigan graduate who’s interested in land preservation. Dan Ezekiel – GAC’s chair – said she’ll bring common sense, business acumen and knowledge to the commission.

Ezekiel also noted that there are other vacancies that need to be filled. GAC’s June 6 meeting will be the last one for him and two other term-limited commissioners – Tom Bloomer and Laura Rubin. “So all of you people watching us breathlessly on TV, please send in your applications,” he said. [.pdf of application form for city boards and commissions]

GAC’s May 2 meeting was also attended by Barry Lonik, a land conservation consultant who is representing Ann Arbor Township in a possible greenbelt deal. He was invited into the commission’s closed session to share communications about the property.

When commissioners emerged from the closed session, they unanimously voted to recommend that the city council pursue the purchase of development rights for two properties, including one in Ann Arbor Township. Before appearing on the city council’s agenda, details of proposed greenbelt acquisitions are not made public. Parcels are identified only by their application number.

At the end of the meeting, Ezekiel marked the recent death of Charles Braun, describing him as a very influential leader in the local farm community. Braun’s property – a 286-acre farm in Ann Arbor Township – has been preserved as part of the Ann Arbor greenbelt program. [Full Story]

Mahler to Replace Nacht on AATA Board

Eric Mahler has been nominated by Ann Arbor mayor John Hieftje to replace David Nacht on the board of the Ann Arbor Transportation Authority (AATA). The announcement came at the council’s meeting that started on April 15, which did not conclude until nearly 3 a.m. the following day.

Nacht was not seeking reappointment to the board, having served two five-year terms, starting in 2003. Nacht’s current term ends on May 5, 2013, which makes the April 18 monthly board meeting his last one. Nacht had been a finalist to be appointed as one of two Washtenaw County representatives to the southeast Michigan regional transit authority (RTA) established by the state legislature in late 2012 during its lame duck session.

After a … [Full Story]

Commissioners OK Greenbelt Strategic Plan

Ann Arbor greenbelt advisory commission meeting (April 4, 2013): An updated strategic plan for the city’s greenbelt program received unanimous approval at this month’s GAC meeting. The plan included only minor changes since the draft was reviewed in September of 2012.

Jennifer Fike, Huron River Watershed Council, Ann Arbor greenbelt advisory commission, The Ann Arbor Chronicle

Jennifer Fike, finance director of the Huron River Watershed Council, is interested in joining the greenbelt advisory commission. If nominated and confirmed by the city council, she would replace Laura Rubin, HRWC’s executive director, whose term on the commission ends in June. (Photos by the writer.)

The plan lays out a broad range of goals for the preservation of farmland and open space within the greenbelt boundaries. There are no significant changes from the last version approved in 2009, although the plan does include a new section on education and outreach.

The plan also includes the goal of establishing a greenbelt registry program, to formalize relationships with landowners who aren’t yet part of the greenbelt program, but who are committed to the program’s principles of land preservation. “It’s creating a pipeline of projects for the future,” said Dan Ezekiel, GAC’s chair. Three commissioners – Peter Allen, Shannon Brines and Archer Christian – agreed to work with Ginny Trocchio, who manages the greenbelt program, to develop a proposal for the full commission to consider.

Also at the April 4 meeting, Jennifer Fike – finance director for the Huron River Watershed Council – was introduced as a possible replacement on the commission for Laura Rubin. Rubin, who serves as HRWC’s executive director, fills a position on GAC that’s designated for an environmental organization. Her term ends on June 30. Because she is term-limited, she can’t be re-appointed.

Ezekiel noted that there are other vacancies as well, and that anyone who’s interested in applying should contact their city council representative. [.pdf of application form for city boards and commissions] Meetings for the commission are scheduled monthly, although the April meeting was only GAC’s second one in 2013. Both the January and March meetings were canceled. [Full Story]

Planning, DDA: City Council to Set Course?

Ann Arbor city council meeting (March 18, 2013) Part 1: The two main events of the council’s meeting centered around planning in the downtown area: (1) consideration of a possible moratorium on D1 (downtown core) site plans; and (2) consideration of the site plan for 413 E. Huron, located in a D1 district.

The March 18, 2013 city council meeting did not adjourn until nearly 2 a.m. From left: Sabra Briere (Ward 1), Margie Teall (Ward 4) and city administrator Steve Powers.

The March 18, 2013 city council meeting did not adjourn until nearly 2 a.m. From left: Sabra Briere (Ward 1), Margie Teall (Ward 4) and city administrator Steve Powers. (Photos by the writer.)

The council decided to conduct a review of D1 zoning, without imposing a moratorium. That cleared the way to consider the 413 E. Huron project, which the council eventually voted to postpone – at roughly 1:30 a.m. Because of the amount of time spent on just those items, they’ll be included in a separate Chronicle report.

Apart from those two items, the council’s agenda still included a planning and land use focus, as well as a downtown theme. An additional theme was the city council’s relationship to two other public bodies – the city planning commission and the board of the Ann Arbor Downtown Development Authority.

In the case of the planning commission, the council for a second time balked at the commission’s recommendation of R3 (townhouse) zoning for a recently annexed parcel on Ellsworth near Stone School Road – planned as the site of Summit Townhomes, which would be a 24-unit development. The council postponed consideration of the Summit Townhomes site plan and the zoning, having previously postponed the zoning. The council also had previously referred the zoning recommendation back to the planning commission for re-review. The council’s second postponement on March 18 came after the commission’s re-affirmation of its original recommended R3 zoning. The council sent no explicit communication to the planning commission requesting action, beyond the implicit message of postponing the vote.

In the case of the DDA board, the council is weighing changes to the city ordinance governing the composition of that body, but postponed those changes for a second time at its March 18 meeting. The more significant of the ordinance changes involves clarifying how the Ann Arbor DDA’s tax increment finance capture is calculated, which has implications for millions of dollars for the DDA, the city of Ann Arbor, Washtenaw County, Washtenaw Community College and the Ann Arbor District Library.

Also related to the DDA, early in the council’s meeting an oral report was given on a session of the council’s audit committee – held the previous week to review the DDA’s FY 2012 audit. In the middle portion of the council meeting, councilmembers postponed the ordinance changes. And in the early morning hours of March 19, after the voting agenda was concluded, a member of the audit committee – Sally Petersen (Ward 2) – announced her intention to propose a task force on the DDA.

Related to other boards and commissions, the council confirmed the appointment of a chair for the zoning board of appeals (ZBA): Alex Milshteyn. He replaces Carol Kuhnke, who resigned in December 2012 after being elected judge of the 22nd Circuit Court.

In other business, the council gave approval for the zoning and site plan of The Shoppes at 3600, a proposed retail development on Plymouth Road.

The council also voted to object to the renewal of a liquor license for The Arena, a downtown bar located at Division and Washington streets. The basis for the objection – which will be forwarded to the Michigan Liquor Control Commission for final action – was non-payment of taxes.

The council also gave initial approval to a revision to the city’s sign ordinance. It would essentially maintain current conditions, but provide for certain limited digital signs with a restricted range of changeable elements.

Council communications included a briefing on upcoming changes the council will be asked to consider for the city’s public art ordinance. In other communications, the council will be giving a fire station reconfiguration plan some additional explicit discussion at a future working session – although it appears that the idea has insufficient traction to move forward.

Public commentary at the meeting covered a range of topics, including a call for the council to waive privilege on legal advice that councilmembers had received on the D1 moratorium issue – because they’ve now voted not to enact the moratorium. [Full Story]