Stories indexed with the term ‘sign ordinance’

The Ann Arbor city council’s post-election meeting agenda for Nov. 7, 2013 would be heavy enough without the addition of an item that will almost certainly serve no purpose except political theater.

The council will be considering a resolution that asks the University of Michigan to decommission the $2.8 million digital marquee recently constructed by the university’s athletic department. I don’t think the university is going to give that any thought.

In this unnecessary drama, Christopher Taylor (Ward 3) appears to be playing the role of Don Quixote, with four councilmembers auditioning for the role of Sancho – Marcia Higgins (Ward 4), Margie Teall (Ward 4), Sally Petersen (Ward 2) and Jane Lumm (Ward 2). Those five are co-sponsoring the resolution. [If the council really wants to tilt at windmills, the city could have a literal one soon enough.]

The council’s Nov. 7 resolution cites the city’s own recently enacted sign ordinance, which constrains the deployment of digital technology for outdoor signs. According to the resolution, the marquee inflicts the same harms on the community that the city’s newly amended ordinance sought to prevent. [Petersen and Higgins, however, voted against that ordinance.] Those harms are described in the resolution as “distract[ing] motorists and substantially degrad[ing] the community viewshed…”

As the text of the council’s Nov. 7 resolution itself concedes, the University of Michigan is “without any obligation to comply with the ordinances of the city of Ann Arbor” – so the fact that the UM’s marquee rather flagrantly flouts the city council’s sign ordinance is of no consequence.

What is semantically bizarre about the text of the resolution is its contention that by turning the marquee off, or by limiting its use, the Ann Arbor community would be delivered a “material benefit.” If the council’s position really is that the marquee is doing harm, then by no rational standard should the mere mitigation of that perceived harm be labeled a “benefit,” much less a material one.

By way of analogy, if a chemical company is dumping toxic sludge onto my property and jeopardizing my health, then it’s not really a “benefit” to me if the company were to stop doing that. But it could be considered a benefit if the company allowed me to take my own personal toxic sludge and add it to the company’s pile, which the company then removed from my property.

If the city councilmembers who crafted the resolution had taken the phrase “material benefit” seriously, it might have given them pause to ask: Hey, could city residents derive some actual benefit from this situation? And that might have led them to reflect on the reason the UM athletic department wanted to construct this marquee. I think it’s an attempt to meet a communications challenge.

And guess what: The city of Ann Arbor has its own communication challenges. Can you see where this is headed? Or are you too distracted by the constantly changing display in the dumb little animated .gif at the top of this column?  [Full Story]

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.

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]

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.

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]

Final approval to changes in the city’s sign ordinance – to allow for only a limited type of digital signs – has again been delayed by the Ann Arbor city council. The council had given initial approval of the changes at its March 18, 2013. But at the council’s April 1, 2013 meeting, the council delayed action until May 6.

And on May 6, the council again decided to postpone final action – this time until June 17.

… [Full Story]

The Detroit Free Press reports that Paul Dobrowolski has filed a federal lawsuit against the city of Ann Arbor and police chief John Seto, alleging that his Constitutional rights have been violated. Dobrowolski, an anti-abortion activist, has been ticketed for violating city code that prohibits parking a vehicle on a street with the purpose of displaying advertising. Dobrowolski was ticketed for parking outside of Planned Parenthood in Ann Arbor with a sign in his car that included information about a facility that provides free ultrasounds. [Source]

Ann Arbor city council meeting (April 1, 2013): The council’s first meeting in April featured some progress on items that have appeared repeatedly on its agenda in the last several weeks.

After two postponements, the council gave initial approval to a set of changes to the ordinance that establishes the Ann Arbor Downtown Development Authority (DDA). The changes can be divided into those that affect board composition and those that relate to the computation of the DDA’s tax increment finance (TIF) capture.

The tax calculations have implications of roughly $1 million a year for the DDA and the taxing jurisdictions whose taxes are captured by the DDA. Those taxing jurisdictions include the city of Ann Arbor, Washtenaw County, Washtenaw Community College and the Ann Arbor District Library. The vote was 7-3, as mayor John Hieftje, Margie Teall (Ward 4) and Chuck Warpehoski (Ward 5) voted no. Christopher Taylor (Ward 3) was absent. The final vote will likely come at the council’s April 15 meeting. Councilmembers are not obligated to vote the same way the second time around.

The council also wrapped up an issue that has appeared on its agenda for several meetings. At its March 18 meeting, the council had finally decided not to enact a moratorium on site plan applications in D1 (downtown core) zoning districts. Instead, the council had directed the planning commission to conduct a review of D1 zoning. But councilmembers had left open the question of the exact scope of work and the timeframe for its completion by planning commissioners. At the April 1 meeting, the council allowed the commission six months, until Oct. 1, to review the following: the appropriateness of D1 zoning on the north side of Huron Street between Division and South State and the south side of William Street between South Main and Fourth Avenue; the residential premiums; the zoning for the University of Michigan Credit Union parking lot.

Other business was further delayed by the council. At the developer’s request, the council postponed for a second time the 413 E. Huron project, a proposed 14-story, 216-apartment building at the northeast corner of Huron and Division streets. That project will come back before the council at its April 15 meeting. A new public hearing on the 413 E. Huron site plan application was started on April 1 and will continue on April 15.

The council also postponed a second and final vote on changes to the city’s sign ordinance. The changes would prohibit any new billboards, and allow only a limited range of digital signs. That won’t come back before the council until May 6. Several people addressed the council during the public hearing. All of them worked for Adams Outdoor Advertising, and spoke in opposition to the changes. Because of the postponement, the council extended a moratorium on digital sign applications, which has now been in place for a year.

The council also extended a moratorium on spending of monies that have been set aside under the city’s Percent for Art ordinance. A revision to that ordinance, which would likely eliminate the public art set-aside but still allow for aesthetic elements to be built into a project, is expected to be brought forward in the next few weeks. The public art ordinance revisions are being crafted by a council committee that was tasked with that responsibility in December of 2012.

At its April 1 meeting, the council also approved contracts for renovations at the Gallup Park canoe livery, and the Argo and Geddes dams. In addition, the council approved a lease for additional parking in connection with the Argo Cascades.

Other business at the meeting included council approval of the notice to issue bonds for the city’s drinking water system. The council also authorized contracts in connection with street reconstruction and sidewalk repair work for the 2013 season. [Full Story]

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 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]

Changes to the city of Ann Arbor’s sign ordinance have been given initial approval by the city council. If the changes are ratified at a second and final vote, certain kinds of digital signs with specific limitations would be allowed in the city.

But under the ordinance revisions, new billboards – signs with an area greater than 200 square feet … [Full Story]

Vicki Honeyman’s Heavenly Metal is easy to miss. Not only is it the sole retail shop on East Ann, but the business is also set back from the street. Until recently, Honeyman relied on a portable sign she set up on the northeast corner of East Ann and Fourth Avenue to bring in business. But earlier this month, a city official told her she had to take her sign down. In Ann Arbor, it’s illegal.

Honeyman says that since the city made her take her sign down, she’s seen a significant drop in the number of customers coming into Heavenly Metal. Without the sign, people don’t know her business is there.

“It’s completely affected my business,” Honeyman said, describing it as “devastating” to her income.

The Ann Arbor city council considered a measure in February that would have amended the sign ordinance to make portable signs legal, allowing businesses to buy annual permits to use them. But when that resolution was voted down, city officials decided to step up enforcement of the existing sign ordinance. Business groups and retailers have protested – it’s likely that city staff will propose a new permitting system for council to consider next month, one that’s based on sidewalk occupancy permits. [Full Story]

Ann Arbor Downtown Development Authority board meeting (April 7, 2010): At its regular Wednesday meeting, the full board of the DDA endorsed a draft of the parking report it has been asked to submit to the city council by April 19, when the council next meets. Before it’s sent to the city council, the report will possibly undergo some minor tweaking at the DDA’s partnerships committee meeting next Wednesday, April 14.

Though not addressed by the board as business items, two areas of controversy emerged during public commentary.

One involves the award of a bid as part of the DDA’s construction of the underground parking garage along Fifth Avenue. The contract for construction management for the entire project was awarded to The Christman Co. However, under the terms of the contract, Christman must bid out various components of the project, like the concrete work – even though Christman has the capability of doing that work itself.

The low bid for the concrete work was submitted by Granger Construction Co., at $21.5 million. But Christman awarded the contract to Christman Constructors Inc., which had submitted a bid of $22 million. Christman’s selection as construction manager of the project had been finalized at the DDA board’s Nov. 4, 2009 meeting with a guaranteed maximum price of $44,381,573. Representatives of Christman and Granger aired their differing points of view on the concrete bid at Wednesday’s meeting, with DDA board chair John Splitt concluding that he was satisfied the process had been fair.

The other point of controversy arising during public commentary is the probable $2 million payment this year by the DDA to the city of Ann Arbor – which it has no obligation to make under its current parking agreement with the city. The city’s budget book for FY 2011, released on Monday, does not factor in a payment from the DDA. Instead, it shows a $1.5 million shortfall for the year. The DDA’s parking report to the city council hints at the possibility that the DDA would take responsibility for the ticketing of parking violations. That change in enforcement could be included in the renegotiation of the parking agreement.

Other business transacted by the board on Wednesday included a resolution calling on the city council to revise its sign ordinance so that downtown merchants could use sandwich board signs legally. A recent attempt to revise the ordinance by the council was voted down at its Feb. 16, 2010 meeting. [Full Story]