Stories indexed with the term ‘Michigan Vehicle Code’

Medical Marijuana Plan Amended, Delayed

Ann Arbor City Council meeting (Jan. 3, 2011): The council’s meeting was held in the Washtenaw County board of commissioners boardroom to accommodate current renovations to city hall. Before the meeting, advocates for medical marijuana demonstrated with signs and chants on the sidewalk outside the Washtenaw County administration building on North Main.

Protesters outside the Jan. 3, 2011 Ann Arbor city council meeting

Signs held by advocates for medical marijuana before the start of the Jan. 3 Ann Arbor city council meeting. Stephen Postema is the city attorney for Ann Arbor, and also president of the Michigan Association of Municipal Attorneys, a section of the Michigan Municipal League. Postema has pushed for a licensing scheme that some medical marijuana advocates say violates the state statute. (Photos by the writer.)

Inside at the meeting, the council ultimately delayed their vote on an initial approval of a licensing scheme for medical marijuana dispensaries, cultivation facilities and home occupations. That initial vote is now scheduled for Jan. 18, with final approval expected in early February, along with zoning regulations affecting medical marijuana-related businesses. The licensing proposal to be considered by the council at its next meeting will be significantly different from the one that they started with Monday night, due to various amendments councilmembers approved, before voting to postpone the measure.

Amendments included: eliminating home occupations from the licensing scheme; increasing the number of licenses to 20 for dispensaries and 10 for cultivation facilities; creating a licensing board; removing reference to “misdemeanor involving a controlled substance”; and revising the language of required internal signage.

The council also dispatched with several other pieces of major business, with scant deliberation. Those included: final approval of revisions to the city’s area, height and placement regulations in the zoning code; final approval for adoption of the Michigan Vehicle Code and the Uniform Traffic Code; appropriation of funds for footing drain disconnection; approval of new fire inspection fees; and a contract for weapons screening services at the new municipal center. [Full Story]

Ann Arbor Puts CIA Into First Gear

Ann Arbor City Council meeting (Dec. 20, 2010): The city council’s last meeting of the year included a somber piece of news, delivered by Marcia Higgins (Ward 4): Peter Pollack, familiar to many in the community as a landscape architect and stalwart public servant in various capacities, had entered hospice care. Pollack passed away later that night.

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During a break in the meeting, Stephen Rapundalo (Ward 2) and Marcia Higgins (Ward 4) – seated at the right of the frame – came across the table to work on the wording of the Washtenaw CIA resolution. Standing, from right to left, are city attorney Stephen Postema, Mike Anglin (Ward 5) and Terri Blackmore of WATS (Washtenaw Area Transportation Study.) (Photos by the writer.)

In its main business of the evening, the council approved a resolution of intent to coordinate with Pittsfield Charter Township, Ypsilanti Charter Township and the city of Ypsilanti to explore the establishment of a corridor improvement authority (CIA) along Washtenaw Avenue.

The initiative would take advantage of Michigan’s Corridor Improvement Authority Act to create a tax increment finance (TIF) district. A possible timeline for establishing the CIA would include public hearings in early 2011, formation of the CIA and appointment of its members in mid-2011, with development and approval of the corridor development plan by late 2011.

The vote on the resolution of intent came after intense scrutiny of the resolution’s wording to ensure that it conformed with the requirements of the state enabling statute, while also addressing councilmembers’ concerns that the language not inappropriately suggest that the establishment of the CIA was further along than it actually is.

Several members of the public addressed the council at the public hearing on the adoption of the Michigan Vehicle Code and the Uniform Traffic Code. The adoption of the two codes is motivated by the city’s desire to make its speed limits legally enforceable. As the extensive public commentary and council deliberations reflected, the challenge is to set speed limits in a way that is legally enforceable but has adequate consideration for non-motorized users of roadways.

The council voted to adopt the two codes, after having given initial approval at its Dec. 6, 2010 meeting. However, amendments to the language used to adopt the two codes made at Monday’s meeting were substantial enough that the proposed ordinance revision was reset to its first reading stage. All ordinances must be approved at a first and second reading before the council.

Attached as a communication to the council’s agenda was an item that will likely receive a great deal of discussion early next year – a draft of a city council resolution that would specify how the Ann Arbor Downtown Development Authority will go about facilitating development of downtown Ann Arbor surface parking lots. A key resolved clause of the draft resolution, apparently meant to address a historical point of friction between the city and the DDA, would require the city to reimburse the DDA for some of its expenses under certain scenarios.

Also at the meeting, in response to a report from the Environmental Working Group that the carcinogen hexavalent chromium had been detected in Ann Arbor’s drinking water – along with that of several other communities – city administrator Roger Fraser gave the city’s take on the study. [Chronicle coverage of that issue: "Context for Chemical in Ann Arbor Water"]  [Full Story]

Ann Arbor Council Focuses on Land Issues

Ann Arbor City Council meeting (Dec. 6, 2010): Five different presentations, plus a full roster of public commentary, meant that two and a half hours into their meeting the Ann Arbor city council had not transacted any business – except for adopting its rules for the next year.

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Before the meeting started, Scott Rosencrans, right, knocks on wood in conversation with Stephen Rapundalo (Ward 2). Behind them are Sandi Smith (Ward 1) and Nicholas Nightwine, president of the city's AFSCME union Local 369. Nightwine was there to oppose the outsourcing of city composting operations. Rosencrans, former chair of the park advisory commission, attended as part of a presentation made by the Ann Arbor Skatepark. (Photos by the writer.)

Council rules factored prominently later in the meeting, when a motion to suspend them failed. Had the rules been suspended, it would have cleared the way for the council to reconsider their previous decision to reject a residential planned unit development (PUD) on Fifth Avenue – Heritage Row. The project, which began as a conditional rezoning proposal three years ago, went through iterations since 2007 that included a brownstone-style PUD and a matter-of-right proposal called City Place, which eventually did win approval from the council.

After their previous council meeting, which featured water as a prominent theme, the council focused much of its attention on land-related issues like Heritage Row. In another land-use related item, the council approved revisions to the city’s area, height and placement (AHP) zoning provisions in the city code. But amendments to the AHP resolution were substantive enough that the approval process was reset to the initial, first-reading step. The AHP changes – which, as amended, provide that height limits do not apply in so-called “employment districts,” unless they abut residential areas – will need approval at a second reading in order to be enacted.

A land-use item that was intended mostly as administrative housekeeping – several park areas previously designated as residential, office, and business districts were rezoned with the public land (PL) designation – generated substantial public commentary and council deliberations. Several public commenters expressed concern about whether the PL designations, which the council approved, afforded adequate protection for the continued use of the land as parks.

Although not strictly a land-use issue in a zoning sense, a proposed contract with WeCare Organics to operate the city’s compost facility was linked to terra firma by acreage owned by the city where the facility is located, plus the fact that it processes yard waste generated from residents’ property. The council approved the WeCare contract after extended questioning of city staff and a representative from WeCare.

Also tangentially related to land use was an item that introduced a licensing scheme for medical marijuana dispensaries and cultivation facilities in the city. After questioning the city attorney about several provisions of his proposed licensing requirements, councilmembers decided to postpone the issue until their Jan. 3, 2011 meeting. The new zoning regulations regarding where medical marijuana dispensaries and cultivation facilities can be located, which were scheduled to be heard at second reading on Dec. 20, were rescheduled for Jan. 18.

A land travel-related agenda item the adoption of the Michigan Vehicle Code (MVC) as part of the city’s traffic ordinances. Two years ago, the city had adopted the MVC but excluded portions of that state law relating to the setting of speed limits. The adoption of the full MVC came in response to a possible class-action lawsuit against the city.

As heavily land-centric as the agenda was, Ann Arbor city council also dealt with $9 million worth of water issues. It approved petitions of the Washtenaw County Water Resources Commissioner (WCWRC) office for five different projects in drainage districts that lie at least partly inside the city of Ann Arbor. The total cost of all the projects, including the non-city share, is a bit over $9 million. They qualify for low-interest state-revolving fund loans, up to 50% of which may be forgiven by the state. The payments on the loans will come from the city’s stormwater fund. [Full Story]

DDA Parking Enforcement Prospects Dim

The “mutually beneficial” committees of the city and the Ann Arbor Downtown Development Authority met on Monday for the second time this month. The committees are charged with re-negotiating the contract under which the DDA manages the city’s parking system.

Fifth Avenue looking north

What's the relationship of the Ann Arbor Downtown Development Authority to the city of Ann Arbor? Ann Arbor DDA offices on Fifth Avenue are on the left. The new city hall building is visible behind the backhoe one block to the north. The construction work is part of the DDA's streetscape improvements for Fifth and Division streets.

At the meeting, the committees focused on the question of how the DDA might take on responsibility for enforcement of parking regulations. The DDA would like the ability to manage parking enforcement, so that it can implement an approach to enforcement that complements a demand management pricing strategy and a customer-service approach to downtown. However, the city has identified a number of ways in which it believes the DDA would be constrained in its ability to enforce parking regulations.

At Monday’s meeting, those constraints had accumulated to the point where it became a fair question: Would the DDA still find parking enforcement an attractive proposition, given the constraints? The meeting did not settle the question, with some hope maintained on the DDA side – by Sandi Smith, specifically – that the DDA might play some role in enforcement.

However, if parking enforcement is not something the DDA takes on, it’s not clear what the basis will be for the additional payments the city would like the DDA to make, beyond what is required by the current parking contract. That contract was renewed in 2005. It required a $1 million per year payment by the DDA to the city, with the provision that the city could request $2 million in any given year, and that the total amount did not exceed $10 million from 2005-2015. The city requested $2 million for the first five years, and the DDA agreed unilaterally this past May to make an additional $2 million payment to the city.

When the discussion at Monday’s meeting moved from parking enforcement – which seemed like it had been pushed to the edge, if not completely off the table – to the calculation of a formula for a DDA payment to the city, Susan Pollay, executive director of the DDA, questioned on three separate occasions: Where is the benefit to the downtown in this?

Also at the meeting, the committees got a preview of an outline sketch regarding how the DDA might play an active role in the development of city-owned downtown surface parking lots.

The committees are scheduled to meet next on Sept. 13. Their twice-monthly meeting schedule was adopted starting in July, when it became apparent that the target date of Oct. 31 for a new contract ratified by the respective bodies would not be achieved with a once-monthly schedule. [Full Story]