Stories indexed with the term ‘council rules’

Column: On Taking Time to Hear

At the Aug. 18 Ann Arbor city council meeting, anti-Israel activists left council chambers mid-session. Their parting shot was to contend that the council cared more about deer than about people. The reference to deer was an allusion to an agenda item that allocated $20,000 for development of a deer management plan. It was approved by the council in a unanimous vote.

But this column is not about deer versus people. It’s about corporations versus people. Also football. Even the U.S. Constitution.

This is the electronic time clock at the public speaking podium in Ann Arbor's city council chambers. The elements in red (except for the American flag in the background) have been digitally added. 

This is the electronic time clock at the public speaking podium in Ann Arbor’s city council chambers. The elements in red (except for the American flag in the background) have been digitally added.

First, here’s some background. On Aug. 18, the anti-Israel activists had not been able to address the council during reserved public comment time at the start of the meeting – because the council rules stipulate that preference is given to speakers who want to address an agenda item. A boycott against Israel was not on the agenda.

So during that comment period, the council heard from five people who spoke in favor of spending the $20,000 on a deer management plan. The other five reserved slots were taken by: Thomas Partridge, who was officially signed up to talk about the planning commission’s work plan (one of the attachments in the clerk’s report); two people who signed up to talk about revisions to the taxicab ordinance; and two people who had signed up to talk about the lease agreement with the University of Michigan for three parking lots at Fuller Park.

That meant that anti-Israel activists were not able to reprise their demonstration at the previous council meeting, on Aug. 7, when eight of their group were signed up to speak. On that occasion, nearly all the commentary was complete. But then chants of “Boycott Israel” led mayor John Hieftje to recess the meeting. And he eventually decided to have Ann Arbor police clear the room of more than 50 activists. In this case, “clearing the room” translated into two officers telling the group’s leaders – Blaine Coleman and Mozghan Savabieasfahani – that they and their group had to leave. And after a few minutes, amid more loud chants and heated statements, the group left council chambers under their own power.

The contrast on obvious display at the Aug. 18 meeting was between two types of meeting attendees: (1) those who wanted to address the city council about an agenda item; and (2) those who wanted to address the council, but not on an agenda item.

That’s not the contrast I want to focus on. I want to focus on the contrast between two speakers who were alternates on the waiting list for reserved speaking time – both of whom wanted to address the council about an agenda item.

The two alternates were: Larry Baird, an Ann Arbor resident who signed up to talk about the Fuller Park lease agreement; and Michael White, a representative of Uber who was attending the meeting to speak against regulation of drivers for hire. Baird was slotted ahead of White on the alternate list. [Full Story]

Council OKs Rules, Calendar, Committees

The Ann Arbor city council has completed its internal housekeeping tasks for the upcoming year, having delayed some of them at the first meeting of the newly-seated, post-election council on Nov. 18. At its Dec. 2, 2103 meeting, the council formally adopted its rules, confirmed its committees, and adopting the council rules.

Based on a less than 10-minute meeting of the council’s rules committee on Nov. 29, no changes to the rules were planned to be put forward at this time. The council’s rules committee – established by last year’s council – consisted of Sabra Briere (Ward 1), Stephen Kunselman (Ward 3), Christopher Taylor (Ward 3) and mayor John Hieftje. Marcia Higgins had also served on that committee, but left the … [Full Story]

Dec. 2, 2013 Ann Arbor Council: Live

Editor’s note: This “Live Updates” coverage of the Ann Arbor city council’s Dec. 2, 2013 meeting includes all the material from an earlier preview article. We think that will facilitate easier navigation from live-update material to background material already in the file.

The Ann Arbor city council’s Dec. 2, 2013 agenda is comparatively light, but might not lead to an especially short meeting.

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.

Items that could result in considerable council discussion include final approval of a repeal of the city’s crosswalk ordinance. A scheduled public hearing on that issue could also draw a number of speakers. The council gave initial approval to the repeal at its Nov. 18, 2013 meeting – on a 9-2 vote.

The tally could be closer for the final vote, as mayor John Hieftje, Sabra Briere (Ward 1) and Chuck Warpehoski (Ward 5) could join Christopher Taylor (Ward 3) and Margie Teall (Ward 4), who had dissented on the initial approval. Also a possibility is that a compromise approach could be worked out. The possible compromise would leave intact the language about motorists stopping, but still limit the right-of-way to just pedestrians within a crosswalk – that is, it would not afford the right-of-way to those standing at the curb.

Some of the public’s perspective and council discussion on the crosswalk issue was aired out during the council’s Sunday caucus, held in council chambers at city hall. This week the caucus was rescheduled for 1 p.m. instead of its usual evening start time, to accommodate more discussion of the local crosswalk law. The caucus drew six councilmembers and a dozen members of the public, and lasted three hours.

Another topic that could extend the Dec. 2 meeting is related to the pending sale of the Edwards Brothers property on South State Street to the University of Michigan for $12.8 million, which was announced in a press release last week. A right of first refusal on the property is held by the city of Ann Arbor as a condition of a tax abatement granted by the city council almost three years ago, on Jan. 18, 2011.

There’s some interest on the council in holding a closed session on Dec. 2 to review the options and the impact of those options. Any interest on the council in acquiring the land, which seems somewhat scant, would be based on a desire eventually to put the land back on the tax rolls. The topic of land acquisition is one of the legal exceptions to the Michigan Open Meetings Act, which requires all deliberations of a public body to be open to the public. If the council holds a closed session on that topic, it could extend the Dec. 2 meeting.

One reason the council may have little appetite for acquiring the Edwards Brothers property is that the city has just now managed to sell a downtown property the city acquired 10 years ago – the old Y lot on William Street, between Fourth and Fifth avenues. Approval of the $5.25 million sale to Dennis Dahlmann came at the council’s Nov. 18 meeting. But it’s possible that not all the due diligence will be completed before Dec. 16, when the city owes the $3.5 million principal it used to purchase the property. As a hedge against that possibility, the council will be asked on Dec. 2 to approve a six-month extension on the installment purchase agreement with Bank of Ann Arbor for the $3.5 million.

In the meantime, the minutes of the Ann Arbor Downtown Development Authority’s most recent operations committee meeting reflect the DDA’s expectation that all of the equipment used to operate the public surface parking facility at the old Y lot will need to be removed by Dec. 31, 2013.

The city’s right of first refusal on the Edwards Brothers property is linked to a tax abatement. And on the council’s Dec. 2 agenda is an item that would establish an industrial development district (IDD) for a different property, at 1901 E. Ellsworth, where Extang Corp. and GSG Fasteners are located. Creating an IDD is a step in the process for granting a tax abatement.

Land control and use is a predominant theme among other Dec. 2 agenda items as well.

The council will be asked to give initial approval to a rezoning request for the Traverwood Apartments project – from ORL (office, research and light industrial district) to R4D (multiple-family district). The First Martin Corp. project would include 16 two-story buildings for a total of 216 one- and two-bedroom units – or 280 total bedrooms. The site plan and final rezoning approval would come before the city council at a future meeting. The Dec. 2 meeting will also include council’s consideration of a donation of 2.2 acres to the city from Bill Martin just north of the Traverwood Apartments project site. The acreage to be donated is next to the city’s Stapp Nature Area and the Leslie Park golf course.

At its Dec. 2 meeting, the council will also be asked to approve the site plan for a three-story addition to the Running Fit store at the northwest corner of Fourth Avenue and Liberty Street in downtown Ann Arbor. The first floor will be retained as retail space, but six residential units would be built on the upper three floors – one two-bedroom and five one-bedroom units.

The city council will also be asked to place a value on land currently used as on-street parking spaces – $45,000 per space. By formally adopting that figure, any future development that causes the removal of on-street parking could be charged that amount. It would be paid to the Ann Arbor DDA, which manages the city’s public parking system. In this matter, the council would be acting on a four-year-old recommendation, approved by the Ann Arbor DDA in 2009.

In non-land issues, the council will be introduced to newly hired firefighters at its Dec. 2 meeting. The budgeted staffing level for the fire department is 85. However, the statistical section from the city’s most recent comprehensive annual financial report (CAFR) shows 82 AAFD staff in fiscal year 2013. That’s because the council approved the hiring of additional firefighters after the fiscal year began, bringing the total to 85.

The CAFR itself is indirectly included in the council’s agenda – as part of a presentation that will be given by chief financial officer Tom Crawford on the result of this year’s audit. It was a clean audit that showed the general fund doing about $2.4 million better than budgeted.

Among the other myriad statistics in the CAFR are the number of parking violations recorded by the city – which are again down in the range of 90,000, as they’ve been for the last three years. That’s about half what they were in 2006 and 2007. Those numbers in the CAFR don’t include University of Michigan parking tickets – although the city and the UM have an agreement under which the city processes tickets and hears appeals for the university. A renewal of that agreement is on the council’s agenda for Dec. 2.

On Dec. 2 the council also has a fair amount of its own internal business to wrap up, associated with the seating of the new council, which took place on Nov. 18. That includes adoption of the council rules. Based on a less than 10-minute meeting of the council’s rules committee on Nov. 29, no changes to the rules would be put forward at this time. Based on that meeting, it appears that Sally Petersen (Ward 2) will replace Stephen Kunselman (Ward 3) on that council committee. The rest of the new council committee assignments are also supposed to be made at the Dec. 2 meeting.

The council’s calendar of regular meetings and work sessions will also be adopted at the Dec. 2 meeting. The basic pattern is first and third Mondays for regular meetings, except when there’s a holiday or an election during the week of the meeting.

This article includes a more detailed look of many 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 Dec. 2 meeting, published in this article below the preview material. Click here to skip the preview section and go directly to the live updates. The meeting is scheduled to start at 7 p.m. Updates might begin somewhat sooner. [Full Story]

Dec. 2, 2013 Ann Arbor City Council: Preview

The Ann Arbor city council’s Dec. 2, 2013 agenda is comparatively light, but might not lead to an especially short meeting.

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

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

Items that could result in considerable council discussion include final approval of a repeal of the city’s crosswalk ordinance. A scheduled public hearing on that issue could also draw a number of speakers. The council gave initial approval to the repeal at its Nov. 18, 2013 meeting – on a 9-2 vote.

The tally could be closer for the final vote, as mayor John Hieftje, Sabra Briere (Ward 1) and Chuck Warpehoski (Ward 5) could join Christopher Taylor (Ward 3) and Margie Teall (Ward 4), who had dissented on the initial approval. Also a possibility is that a compromise approach could be worked out. The possible compromise would leave intact the language about motorists stopping, but still limit the right-of-way to just pedestrians within a crosswalk – that is, it would not afford the right-of-way to those standing at the curb.

Some of the public’s perspective and council discussion on the crosswalk issue might be aired out during the council’s Sunday caucus, held in council chambers at city hall. This week the caucus has been rescheduled for 1 p.m. instead of its usual evening start time, in part to accommodate more discussion of the local crosswalk law.

Another topic that could extend the meeting is related to the pending sale of the Edwards Brothers property on South State Street to the University of Michigan for $12.8 million, which was announced in a press release last week. A right of first refusal on the property is held by the city of Ann Arbor as a condition of a tax abatement granted by the city council almost three years ago, on Jan. 18, 2011.

There’s some interest on the council in holding a closed session on Dec. 2 to review the options and the impact of those options. Any interest on the council in acquiring the land, which seems somewhat scant, would be based on a desire eventually to put the land back on the tax rolls. The topic of land acquisition is one of the legal exceptions to the Michigan Open Meetings Act, which requires all deliberations of a public body to be open to the public. If the council holds a closed session on that topic, it could extend the Dec. 2 meeting.

One reason the council may have little appetite for acquiring the Edwards Brothers property is that the city has just now managed to sell a downtown property the city acquired 10 years ago – the old Y lot on William Street, between Fourth and Fifth avenues. Approval of the $5.25 million sale to Dennis Dahlmann came at the council’s Nov. 18 meeting. But it’s possible that not all the due diligence will be completed before Dec. 16, when the city owes the $3.5 million principal it used to purchase the property. As a hedge against that possibility, the council will be asked on Dec. 2 to approve a six-month extension on the installment purchase agreement with Bank of Ann Arbor for the $3.5 million.

In the meantime, the minutes of the Ann Arbor Downtown Development Authority’s most recent operations committee meeting reflect the DDA’s expectation that all of the equipment used to operate the public surface parking facility at the old Y lot will need to be removed by Dec. 31, 2013.

The city’s right of first refusal on the Edwards Brothers property is linked to a tax abatement. And on the council’s Dec. 2 agenda is an item that would establish an industrial development district (IDD) for a different property, at 1901 E. Ellsworth, where Extang Corp. and GSG Fasteners are located. Creating an IDD is a step in the process for granting a tax abatement.

Land control and use is a predominant theme among other Dec. 2 agenda items as well.

The council will be asked to give initial approval to a rezoning request for the Traverwood Apartments project – from ORL (office, research and light industrial district) to R4D (multiple-family district). The First Martin Corp. project would include 16 two-story buildings for a total of 216 one- and two-bedroom units – or 280 total bedrooms. The site plan and final rezoning approval would come before the city council at a future meeting. The Dec. 2 meeting will also include council’s consideration of a donation of 2.2 acres to the city from Bill Martin just north of the Traverwood Apartments project site. The acreage to be donated is next to the city’s Stapp Nature Area and the Leslie Park golf course.

At its Dec. 2 meeting, the council will also be asked to approve the site plan for a three-story addition to the Running Fit store at the corner of Fourth Avenue and Liberty Street in downtown Ann Arbor. The first floor will be retained as retail space, but six residential units would be built on the upper three floors – one two-bedroom and five one-bedroom units.

The city council will also be asked to place a value on land currently used as on-street parking spaces – $45,000 per space. By formally adopting that figure, any future development that causes the removal of on-street parking could be charged that amount. It would be paid to the Ann Arbor DDA, which manages the city’s public parking system. In this matter, the council would be acting on a four-year-old recommendation, approved by the Ann Arbor DDA in 2009.

In non-land issues, the council will be introduced to newly hired firefighters at its Dec. 2 meeting. The budgeted staffing level for the fire department is 85. However, the statistical section from the most recent comprehensive annual financial report (CAFR) for the city shows 82 AAFD staff in fiscal year 2013. That’s because the council approved the hiring of additional firefighters after the fiscal year began, bringing the total to 85.

The CAFR itself is indirectly included in the council’s agenda – as part of a presentation that will be given by chief financial officer Tom Crawford on the result of this year’s audit. It was a clean audit that showed the general fund doing about $2.4 million better than budgeted.

Among the other myriad statistics in the CAFR are the number of parking violations recorded by the city – which are again down in the range of 90,000, as they’ve been for the last three years. That’s about half what they were in 2006 and 2007. Those numbers in the CAFR don’t include University of Michigan parking tickets –  although the city and the UM have an agreement under which the city processes tickets and hears appeals for the university. A renewal of that agreement is on the council’s agenda for Dec. 2.

On Dec. 2 council also has a fair amount of its own internal business to wrap up, associated with the seating of the new council, which took place at the council’s Nov. 18 meeting. That includes adoption of the council rules. Based on a less than 10-minute meeting of the council’s rules committee on Nov. 29, no changes to the rules will be put forward at this time. Based on that meeting, it appears that Sally Petersen (Ward 2) will replace Stephen Kunselman (Ward 3) on that council committee. The rest of the new council committee assignments are also supposed to be made at the Dec. 2 meeting.

The council’s calendar of regular meetings and work sessions will also be adopted at the Dec. 2 meeting. The basic pattern is first and third Mondays for regular meetings, except when there’s a holiday or an election during the week of the meeting.

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

Ann Arbor Council Ethics Education: Postponed

The Ann Arbor city council has postponed a resolution that would have directed the city attorney and city administrator to establish an educational effort on Public Act 317 of 1968, which is the state’s conflict-of-interest statute. The postponement came at the council’s Nov. 7, 2013 meeting.

A final “resolved” clause of the resolution would direct the council’s rules committee to draft standards of conduct for local officials based on Public Act 196 of 1973, which applies to state employees of the executive branch and appointees of the governor.

The final resolved clause – if it’s approved, and if the council adopts a standard for itself (the legislative branch) that’s recommended by the council rules committee, and it’s strictly followed – … [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]

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]

Ann Arbor Council Adopts New Rules

A new set of internal rules has finally been approved by the Ann Arbor city council, three months after they were first presented for consideration. Among the substantive changes that survived that three-month delay included the following: 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 earlier in the meeting; and prohibiting the use of personal electronic communications devices while at the council table.

The council’s adoption of the rules changes came at its Sept. 16, 2013 meeting.

A revision to the rules was first presented to the council on June 17, 2013. However, a vote was postponed at that meeting. The revisions … [Full Story]

Rules Change Delayed, But Public Comment OK’d

The Ann Arbor city council has postponed a vote on changes to its internal rules until its Sept. 16 meeting. The council’s action came at its Sept. 3, 2013 meeting. However, as part of its decision to postpone the vote, the council indicated that it will in some sense enact one of the proposed rules changes in advance of a vote on all of them – by providing an opportunity for public comment at its Sept. 9 work session.

This revision to the set of council rules was first presented to the council on June 17, 2013. However, a vote was postponed at that meeting.

The revisions were prompted by a desire to allow for public commentary at council work sessions … [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]

Skatepark Rolls; Council Bails on Talk Time

Ann Arbor city council meeting (July 15, 2013): By recent standards, the council’s roughly three-hour meeting was relatively brief.

Pie chart of meeting time spent on each item.

Of the Ann Arbor city council’s roughly 3-hour meeting, about a quarter of the time was taken up by deliberations on changes to the council’s rules (dark blue wedge), some of which would have affected public speaking time. Total public speaking time at the meeting (red wedge) was about 21 minutes, or 11% of the meeting. (Chart by The Chronicle based on time stamps of live updates filed from the meeting.)

About a quarter of that time was spent in deliberations on changes to the council’s own rules. That included a proposal to reduce the length of public speaking turns from three minutes to two minutes. After voting 10-1 – over the lone dissent of Margie Teall (Ward 4) – to eliminate the shortening of public speaking turns, the council discussed a number of the other proposed changes that had been recommended by the council’s rules committee.

Those changes include a shortening of councilmember speaking turns, adding public commentary to the council’s work sessions, moving nominations and appointments to a spot earlier on the agenda, and prohibiting the use of mobile devices for texting or phoning at the council table.

As councilmembers recognized that they would not be able to find their way to a clear consensus on the rules changes until they had longer deliberations, the council decided to postpone the item until its first meeting in September – which this year falls on Sept. 3.

So the council delayed launching itself off the lip of the legislative half-pipe to change its own internal rules. However, councilmembers took the advice of Stephen Kunselman (Ward 3) when they voted on the construction contract for a new skatepark: “Just go for it!” The unanimous vote on a $1,031,592 contract with Krull Construction came after some scrutiny led by Sally Petersen (Ward 2). Her questioning was based on the project’s additional cost, compared to its original budget.

The originally approved budget for the project was $800,000 – though the expectation was that it would cost about $1 million. The total budget now – including the construction contract, 10% contingency and $89,560 design contract – is $1,224,311, or $424,311 higher than the originally budgeted $800,000. Funds to pay for the skatepark include a $400,000 grant from the Washtenaw County parks & recreation commission, $300,000 from the Michigan Dept. of Natural Resources Trust Fund, and $100,00 raised by the Friends of the Ann Arbor Skatepark, which paid for the skatepark’s design. This particular effort by the Friends dates back to 2005.

An item added to the agenda the same day as the meeting led to considerable discussion about the relationship between the city and the University of Michigan. The council had failed on May 13 to approve a right-of-way occupancy for the university to install conduits under Tappan Street. An early departure from that meeting by Christopher Taylor (Ward 3) contributed in part to the council’s inability to achieve an eight-vote majority.

Whether an eight-vote majority is needed is the source of friction between the city and UM. Under the city charter, an eight-vote majority is required for the council to approve transactions involving an interest in land. The purpose of the conduits under Tappan Street is to connect a new emergency generator to the Lawyers Club buildings at 551 S. State St. The Lawyers Club and the generator are located on opposite sides of the street. The university’s view is that the agreement needs to convey an interest in land, something the city attorney’s office disagrees with. The council’s resolution approved on July 15 directs the city staff to renegotiate with UM.

The other item on the agenda receiving at least 15 minutes of discussion was one that granted a fee waiver for events held in Liberty Plaza. That action was prompted by public protests at previous council meetings about the possibility of charging a fee to the church that hosts Pizza in the Park – a homelessness outreach program that distributes food and other humanitarian aid.

The council handled a raft of other items, including three different contracts related to protecting the local environment. Two of the contracts include an educational component – one related to the city’s materials recovery facility (MRF), and the other to stormwater management. The third concerned monitoring the city’s now-closed landfill at Platt and Ellsworth.

The council also handled several other items related to stormwater management. Three of the items involved street reconstruction – on Stone School Road, Forest Avenue, and multiple streets in the Springwater subdivision. A fourth item approved by the council was a contract for tree planting, which will be paid for from the city’s stormwater fund.

Among other items, the council also approved the distribution of $1.2 million in human services funding to various nonprofits that do work under contract with the city.

In non-voting business, the council received an update from chief of police John Seto. He reported that through the first six months of the year, Part 1 crimes – the most serious types of offenses – are down 10% compared to last year in the city, while overall crime is down 7.5%. Seto also reported that the police department is analyzing the initial data collection from the electronic activity logs for officers.

During public commentary, the council heard from advocates for racial equity, who called for the council to take action in response to the not-guilty verdict in Florida’s Trayvon Martin shooting case. [Full Story]

Ann Arbor Council Delays New Rules

The Ann Arbor city council has again delayed the adoption of amendments to its own rules. The council’s action to postpone the changes to its rules until Sept. 3 came at its July 15, 2013 meeting.

Highlights of the proposed rules changes include adding public commentary to council work sessions. But on the original proposal, public speaking time would be reduced from three minutes to two minutes across all types of public speaking – general commentary, public hearings, and reserved time. During the July 15 meeting, the council agreed to keep the public speaking time at three minutes.

The council then displayed a clear lack of consensus on how to deal with other proposed changes. Prompting a great deal of discussion was … [Full Story]

July 15, 2013 Ann Arbor Council: Final

After its Monday, July 15, 2013 session, the Ann Arbor city council will depart from the more familiar rhythm of meeting every two weeks – by pausing 24 days before its next meeting on Aug. 8.

Door to Ann Arbor city council chambers

Door to the Ann Arbor city council chamber.

The longer-than-usual break stems from the regular meeting schedule, which actually calls for a meeting on the first and third Monday of the month, not every two weeks. The traditional shift from Monday to Thursday to accommodate the Tuesday, Aug. 6 Democratic primary will add three more days to the break.

Two councilmembers have primary challenges this year – incumbent Stephen Kunselman is competing with Julie Grand for the Democratic nomination in Ward 3; and incumbent Marcia Higgins is competing with Jack Eaton for the Ward 4 nomination.

At its last meeting before the Aug. 6 election, the council’s agenda is relatively full. Dominant themes cutting across several agenda items are concrete and water.

In the category of concrete, the council will be asked to approve $15,000 for the design of a section of sidewalk along Barton Drive. The council approved similar design budgets for a sidewalk on Newport Road at its Jan. 22, 2013 meeting and for a sidewalk on Scio Church Road on Nov. 19, 2012. The interest in having sidewalks was supported by petitions submitted by adjoining property owners.

The council will also be asked to accept some easements and the dedication of right-of-way near the intersection of Platt Road and Washtenaw Avenue – in connection with the Arbor Hills Crossing development, where construction is well underway. A sidewalk is to be built along Platt Road as part of the intersection work.

Sidewalks also appear in connection with an agenda item that would approve a $212,784 engineering services contract with CDM Smith Michigan. The contract covers design for a street reconstruction project in the Springwater subdivision, located southeast of Buhr Park, south of Packard Road. The work is scheduled for FY 2014-16, and includes the construction of new sidewalks.

The council will also be asked to approve a $965,990 contract with MacKenzie Co. for street reconstruction between South University Avenue and Hill Street on Forest Avenue. The scope of the project includes the reconstruction of sidewalk.

Adding to the concrete on the agenda is the $1,031,592 construction contract with Krull Construction to build a concrete skatepark at Veterans Memorial Park. Among the features of the skatepark will be pools and bowls.

Although they won’t be skate-able, bowls show up in another agenda item that asks the council to approve $216,000 for renovations of 13 restrooms in the old city hall building. The bathrooms are 50 years old.

In the category of water, the council will be asked to approve a $33,743 annual contract with the Huron River Watershed Council to assist in compliance with the city’s stormwater permit from the Michigan Dept. of Environmental Quality. HRWC’s work includes public education efforts, water quality monitoring and reporting assistance.

Stormwater is also on the agenda in the form of a Stone School Road reconstruction project. Of the $4 million project total, $1.2 million of it involves stormwater work on the county drain north of Ellsworth Road between Varsity Drive and Stone School Road. The council will be asked to approve a petition to the office of the county water resources commissioner for a loan under the state’s revolving fund (SRF) program. If approved by the state, the loan repayment would come from the city’s stormwater fund.

A loan that’s already been secured through the SRF will pay for another item on the agenda – a $509,125 contract with Margolis Companies Inc. for the purchase and planting of trees, as well as stump removal along city streets. The stormwater fund is used for this work because of the positive impact trees have on stormwater runoff.

Water also shows up in a consent agenda item that asks the council to approve a $43,788 annual contract with the Ecology Center to give tours of the city’s materials recovery facility (MRF). The cost of the contract is split 60%-40% between the solid waste fund and the drinking water fund. The drinking water funding is related to a Michigan Dept. of Natural Resources requirement that the city engage in source water protection educational efforts.

Leftover business from the council’s July 1, 2013 meeting includes changes to the council’s rules and the approval of the State Street corridor plan. Rules changes include reductions in speaking times for public commentary as well as for councilmembers.

Details of 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]

New Rules for City Council: Postponed

New rules on speaking times and agenda setting will need to wait another meeting until they apply to meetings of the Ann Arbor city council. At its July 1, 2013 meeting, the council decided to postpone a vote on the new rules until its next meeting, on July 15.

Highlights of the proposed rules changes include adding public commentary to council work sessions. But public speaking time would be reduced from three minutes to two minutes across all types of public speaking – general commentary, public hearings, and reserved time. A “frequent flyer” rule would prevent people from signing up for reserved time at the start of a meeting two meetings in a row.

The total time that each councilmember could speak … [Full Story]

Ann Arbor Council Delays on Rule Changes

The Ann Arbor city council has delayed action on possible changes to its speaking rules, essentially choosing to follow its own existing meta-rule on rules changes – which requires that the council be notified about possible rules changes at one meeting, before taking action at a subsequent meeting. The council is considering changes that would add a period of public commentary to its work sessions, but reduce public speaking time per turn from three minutes to two minutes. [.pdf of draft rules changes] The action that the council took at its June 17, 2013 meeting was to postpone the item until its July 1 meeting.

The procedure for reserving one of the 10 reserved speaking slots at the start of … [Full Story]

Art Lobby Averts Temporary Funding Cut

Ann Arbor city council meeting (Dec. 5, 2011): In a meeting that pushed well past midnight, the Ann Arbor city council backed off making a temporary reduction to the city’s public art funding.

Marsha Chamberlin Christopher Taylor

Marsha Chamberlin and Christopher Taylor (Ward 3) before the start of the Ann Arbor city council's Dec. 5 meeting. Chamberlin is chair of the Ann Arbor public art commission. (Photos by the writer.)

At its Nov. 21 meeting, the council had given initial approval to ordinance revisions that included temporarily reducing the required 1% allocation to public art from all city capital improvement projects, dropping the amount to 0.5% for the period from 2012 to 2015. Neither that provision, nor one that would have required allocated funds to be spent on public art within a specific period of time, survived a final vote. What did survive was a prohibition against using general fund dollars for public art projects, as well as an exclusion of sidewalk repair from the definition of projects triggering the public art requirement.

Councilmembers who had previously argued for the temporary reduction, but changed their positions after intense lobbying by the arts community – both privately and at the lengthy public hearing – included Sandi Smith (Ward 1), Christopher Taylor (Ward 3) and mayor John Hieftje. All face possible re-election campaigns in 2012. Questions about the legal foundation of Ann Arbor’s public art program, which taps utility fees and dedicated millage funds to pay for public art, were raised again at the meeting by Stephen Kunselman (Ward 3).

In other significant business, the council gave final approval to an expansion of the area around Ann Arbor that is eligible for protection using funds from the voter-approved greenbelt millage.

The council also approved its side of a deal to contract out Ann Arbor police dispatching services to the Washtenaw County sheriff’s office – at an annual cost of $759,089. The city expects eventually to save $500,000 a year with the move, which will entail laying off all of the city’s current dispatchers, not all of whom would be able to obtain employment within the expanded sheriff’s office dispatch operation.

The council also formally tabled a proposed ordinance that would have provided residents with the ability to forbid the delivery of newspapers to their property – by posting a notice on their front doors. The city’s code already prohibits depositing newspapers onto sidewalks.

A sidewalk along Dexter Avenue, east of Maple Road, was the subject of a special tax authorized by the council to be applied to property owners there. The city will use the funds to construct a continuous sidewalk along that stretch, and make curb and gutter improvements.

The council took care of several housekeeping issues, including approving its set of rules for the coming year and making its committee appointments. Those included the appointment of Christopher Taylor (Ward 3) as the council representative to the board of the local development finance authority – replacing Stephen Rapundalo, who was defeated by Jane Lumm (Ward 2) in the Nov. 8 election. But Rapundalo was appointed as a citizen representative to the board and will thus continue to serve on that body. Council committee appointments were only slightly shuffled, because Lumm was assigned to a number of spots Rapundalo had previously filled.

At the end of the meeting, Hieftje announced a nomination to replace Sue McCormick on the board of the Ann Arbor Transportation Authority – Eli Cooper. Cooper has previously served on the AATA board and is the city’s transportation program manager.

Highlights during public commentary included advocacy for a 24/7 warming shelter to be staffed by volunteers from the community, and support for 14-year Ann Arbor resident Lourdes Salazar Bautista, who faces deportation later this month. [Full Story]

Ann Arbor Council Passes Watery Agenda

Ann Arbor City Council meeting (Nov. 15, 2010): On Monday, the council postponed action on some major policy questions, but approved six water-related items.

Ann Arbor City Council Swearing In

Ann Arbor city councilmembers are ceremonially sworn in to start their two-year terms. From left to right: Mayor John Hieftje, Sandi Smith (Ward 1), Margie Teall, Carsten Hohnke (Ward 5), Tony Derezinski (Ward 2) and Christopher Taylor (Ward 3). Administering the oath, with her back to the camera, is city clerk Jackie Beaudry. (Photos by the writer.)

The council approved a $1,168,170 bypass around the Argo dam that will take the place of the current headrace, which is separated from the Huron River by an earthen embankment. The bypass will eliminate the portage currently required by canoeists. It would also allow the city to comply with the consent order it has with the state of Michigan that requires the city to address the repair of toe drains in the embankment.

Another item – on the funding of dam maintenance – was in its original form related more closely to the Argo bypass than in its amended version. The council approved a resolution that directed the city administrator to end the payment for repairs, maintenance and insurance of Argo and Geddes dams from the city’s drinking water fund. The shift in dam activity funding will be effective with the start of fiscal year 2012, which is July 1, 2011. An amendment to the original resolution, however, had the impact of leaving intact a previously budgeted $300,000 from the drinking water fund for possible construction of the Argo bypass.

The third water-themed agenda item approved by the council was $553,320 for fabrication of a piece of exterior art – a fountain-like sculpture – that had been commissioned from German artist Herbert Dreiseitl for the new municipal center. Dissenting votes were cast by Sabra Briere (Ward 1), Stephen Kunselman (Ward 3) and Marcia Higgins (Ward 4).

The council also approved the receipt of a $216,723 Federal Emergency Management Agency (FEMA) grant for the purchase and demolition the structures at 215 and 219 W. Kingsley Street, which are located in the Allen Creek floodway. The area is subject to flooding during heavy rainstorms. The site will be modified in a way to create a small stormwater retention area, with $72,241 in city funds for the project to be drawn from the stormwater capital budget.

The council approved a drainage easement related to the new underground parking structure being constructed on Fifth Avenue. A final item related to water – in its frozen form – was an authorization to treat the Big Chill hockey game on Dec. 11 the same way that football Saturdays are treated, with respect to vending and parking near Michigan Stadium.

Among the postponed items was a modification to the zoning code to regulate medical marijuana facilities. In conjunction with that postponement, the council also extended a moratorium on the use of facilities for dispensing or cultivating marijuana for 60 days – until Jan. 31, 2011. At the council’s Dec. 6 meeting, it will give initial consideration to a licensing requirement for medical marijuana facilities. Then at its Dec. 20 meeting, it will give final consideration to both the zoning regulations and the licensing proposal.

Also among the postponed items was the conversion of the city’s composting facility to a merchant operation, which would offer a contract to WeCare Organics, a New York-based firm. The proposal on the compost operation will come back to the council at its Dec. 6 meeting. The council also postponed for a third time revisions to the city’s area, height and placement zoning regulations. For another zoning-related item, the council extended a deadline from Dec. 6, 2010 to Feb. 22, 2011 for the design guidelines task force to complete its work.

In other action, the 15th District Court judges will now have a place to sit in the new municipal court facility. A previously twice-postponed item to authorize a budget revision of up to $160,000 to purchase furniture for the court was approved. The dollar amount was reduced to about half that figure, after the court was asked to produce an itemized list of the furniture it intended to buy.

The council also entertained a customary range of public commentary and communications from its own ranks. [Full Story]

Column: When’s an Open Meeting Open?

At its Sept. 21 meeting, the Ann Arbor city council voted to attach to the official meeting minutes any emails sent to and from its members during its future meetings. The rationale for this move – as reflected in the whereas clause of the resolution – was to “help the public monitor compliance with the amended rules.”

What amended rules? At its previous meeting on Sept. 8, the council had amended its rules to restrict emails sent by its members during meetings to two kinds: (i) messages to city staff, and (ii) messages to other councilmembers that propose language for resolutions or amendments to resolutions. No restrictions were put in place on reading emails received during city council meetings.

In adopting the Sept. 21 resolution – but at the same time rejecting a proposal to release council meeting emails dating back to 2002 – councilmembers emphasized the need to look to the future and not dwell on the past.

However, the rule changes, together with the resolution passed on Sept. 21, suggest that Ann Arbor’s city council has fundamentally failed to give adequate thought to the future of open government in Ann Arbor. Instead, we appear to be moving into the future in a way that formally ensconces a flawed understanding of the letter and spirit of the Open Meetings Act. [Full Story]

City Council Begins Transition

Ann Arbor City Council meeting (Sept. 8, 2009): It did not look like a lot was going to happen at Ann Arbor’s city council meeting on Tuesday.

Sandi Smith (Ward 1) indicated early in the meeting that action on the Near North development would be postponed. A speaker during public commentary noted that a controversial resolution affecting the municipal airport had been yanked from the meeting’s agenda. And Mike Anglin (Ward 5) announced a delay in his intention to bring a resolution that would make publicly available numerous city council emails dating to the early 2000s. Council did not contemplate any resolutions in connection with the Argo Dam. [The Chronicle will report separately on the work session held immediately prior to the council meeting, which focused on Argo Dam.]

But as it turned out, on Tuesday night a lot happened: Ann Arbor’s city council began a transition – to what will perhaps be a different way of doing business and to a new set of leaders. [Full Story]

Council Gets Update on Stadium Bridges

Jim Kosteva and Sue McCormick at Ann Arbor City Council Meeting

Jim Kosteva, UM director of community relations, and Sue McCormick, director of public services for the city of Ann Arbor. Council agendas like the one Kosteva is holding are always printed that color – i.e., there was no pandering to the university reflected in the use of maize-colored paper. (Photo by the writer.)

Ann Arbor City Council meeting (Aug. 17, 2009): When Jim Kosteva appears at an Ann Arbor city council meeting, it usually means that there’s a city-university issue before the body – Kosteva is the university’s director of community relations.

Was it the report from city staff on the status of the East Stadium Boulevard Bridge replacement that had brought Kosteva to council’s chambers? There’ll be easements required from the university to complete that $22 million project.

But no, Kosteva was not there to hand over a giant fake check symbolizing a university contribution to reconstruction of the bridges.

However, he was there to affirm the university’s support for a different project – called FITS. University support will come to the tune of $327,733 out of a total project budget of $541,717 – for the site investigation, project definition and development of conceptual plans for the Fuller Intermodal Transportation Station (FITS). The station will be nestled between Fuller Road and East Medical Center Drive, just east of Fuller & Maiden Lane, near the university’s massive medical campus.

In other business, the city council put a charter amendment on the November ballot that would relax current charter requirements regarding publication of ordinances passed by the council. The Chronicle’s coverage of that charter amendment takes the form of a column published earlier this week.

The council also revisited a resolution it had passed at its previous meeting to establish a historic district study committee, along with a moratorium on demolition within the district. That moratorium was expanded Monday night to include all “work.”

And finally, as had been suggested at the council’s Aug. 16 Sunday caucus, councilmembers indicated that they’d be considering rules changes at their Sept. 8 meeting. In connection with that discussion, Mike Anglin (Ward 5) indicated he’d be calling for the city to make available all city council emails dating back to the year 2000. [Full Story]

Council’s A2D2 Discussion Tips Off

Ann Arbor City Council Sunday caucus (April 5, 2009): Like the Michigan State Spartans basketball team practicing  a fast break, Ann Arbor city councilmembers quickly handled their caucus discussion of possible amendments to the planning commission’s A2D2 zoning recommendations, which could be brought forward at their Monday night meeting.

Sabra Briere (Ward 1) called for the ball to address a repaving contract on the agenda, as well as to float the idea of a parliamentary alternative to formal discussions –  ideas that are still rattling around the rim.

Mike Anglin (Ward 5) arrived just as the 20-minute session concluded; he was not asked to run punishment laps around council chambers. An informal shoot-around, in the form of conversational pods among some councilmembers and members of the public, persisted until nearly 8 p.m.

Council’s Monday meeting starts at 7 p.m. on CTN’s Channel 16, which allows at least 2 hours and 21 minutes of council viewing before the NCAA finals begin.

After the break, we provide viewers with a playbook of sorts to follow the action in council chambers. It’s a set of 12 possible amendments to the zoning recommendations passed by planning commission that have been compiled by city staff. [Full Story]