Archive for November, 2011

Editor’s note: On Nov. 14, 2011, the Ann Arbor city council held a working session on the subject of its public art ordinance – the Percent for Art program. On Nov. 21, the council will take up the issue of a revision to the public art ordinance, which was postponed from its Sept. 19 meeting. The proposed revisions to the ordinance include prohibiting the use of the street repair millage for public art, and a requirement that public art funds be spent within a certain time period.

I am not a lunatic.

There.

Mostly, when you begin by asserting a lack of mental illness, you’ve already lost the argument. No matter what the argument is. Yet I remain steadfast.

I am not a lunatic.

It’s a testament, I think, to the political skill of Ann Arbor’s elected officials and supporters of public art that I have to begin that way. The majority of these officials and members of the arts community have so far been resistant to calls for revision to the city’s public art ordinance. That ordinance allocates 1% of all city capital improvement projects to fund public works of art.

The current conversation about the city’s public art ordinance is one that makes critics of the ordinance into lunatics.

We are lunatics, because we just don’t understand the value of art to society in general. We are lunatics, because we just don’t understand the importance of art to Ann Arbor’s heart and soul in particular. We are lunatics, because we don’t understand how little money the ordinance generates for art. We are lunatics, because we don’t understand how long it takes to bring a large work of art to fruition. And so on.

Actually, I do understand all of that. And more.

But to convince you I’m not a lunatic, I’d like to begin by sharing a vignette from a significant academic paper on semantics, written by Angelika Kratzer back in 1989. (No, seriously, I’m not a lunatic.) I’m picking Kratzer’s “Investigation into the Lumps of Thought” because it features a dialogue with a genuine, bona fide, authentic lunatic.

That guy, now he’s a lunatic.

By the end of this column, I hope to have convinced you that I’m nothing like that guy. [Full Story]

Experts from the University of Michigan are among those quoted in a Michigan Radio report about how income disparities are shaping neighborhoods. June Manning Thomas, a professor at UM’s Taubman College of Architecture & Urban Planning, observes: “We’ve created laws that essentially make it clear that purposefully setting up racial segregation is illegal, but we haven’t done that for class segregation. So, it’s perfectly legal for people to refuse to live near someone of a different social-economic status. And it’s not only legal, it’s enabled and it’s even praised.” [Source]

Ann Arbor Public Schools budget forum (November 10, 2011): About 60 people joined AAPS superintendent Patricia Green, deputy superintendent of operations Robert Allen and the rest of the AAPS top administrators at a budget forum last Thursday evening.

The forum served two distinct purposes: (1) to educate the public on school funding issues, including its specific challenges for crafting next year’s (2012-13) budget; and (2) to solicit ideas from the public on how the district can reduce its budget by $14 million.

The current fiscal year’s approved budget is $183.62 million.

The district typically schedules budget forums in the spring, but this year wants to involve the community earlier than that.

A second forum will take place Monday, Nov. 14 at 6:30 p.m. in the cafeteria annex at Pioneer High School.

At Thursday’s event, Allen said that the district is projecting a $14 million deficit for the 2012-13 school year. Over the past five years, the district has made a cumulative total of nearly $50 million in cuts. [Full Story]

Residents gathered in the sewing room of the former Fox Tent & Awning building on Friday night for the first public meeting about 618 S. Main – a proposed apartment building that fronts Main, Mosley and Ashley streets.

That part of town is perhaps best known for the local landmark Washtenaw Dairy, located less than a block away from the proposed development. At Friday’s meeting, donuts from the shop were offered as refreshment, next to a wall of drawings and maps of the project. Washtenaw Dairy owner Doug Raab was among the 50 or so residents who attended.

The building – a six-story structure, with additional apartments on a penthouse level – will consist of about 180 studio, one-bedroom and two-bedroom apartments, with rents likely in the $950 to $1,400 range. Two levels of underground parking are planned, with about 140 spaces. The project targets young professionals in their mid-20s to mid-30s, developer Dan Ketelaar told the group on Friday – people who are interested in an urban lifestyle, within walking distance of the downtown and University of Michigan campus.

Ketelaar hopes the project will transform that section of Main Street and perhaps encourage the Ann Arbor Downtown Development Authority to make improvements in that area, as it’s doing now along Fifth and Division.

Because the project as designed is about 80 feet at its highest point – 20 feet taller than what zoning would allow – it will be submitted to the city as a “planned project.” Planned projects allow for some flexibility in height or setbacks, in exchange for public benefits. They don’t allow as much flexibility, however, as a planned unit development (PUD). Ketelaar cited a large courtyard along Ashley as a benefit to the neighborhood. Another benefit he cited was the provision on site of double the amount of required parking.

Parking was among several concerns mentioned by residents during a Q&A on Friday with Ketelaar and his project team, which includes a landscape architect who also helped design the new plaza and rain garden in front of city hall. Several residents said parking and traffic are already an issue in that neighborhood.

City councilmember Mike Anglin – who represents Ward 5, where the project is located – urged Ketelaar to work toward narrowing Main Street south of Packard from four to two lanes, to slow speeds along that stretch. Ketelaar had mentioned the idea of improving that part of Main Street earlier in the meeting. He said he could suggest narrowing the road, but noted that it’s up to the city to make that decision.

Other issues discussed at the meeting include the need to integrate the development with the neighborhood, the project’s financing, and details of the building’s design. Environmental issues covered at the meeting included: the site’s brownfield status; stormwater management; and relation to the floodplain.

This is the second project to go through the city’s new design review process. The first project to be reviewed in this way – The Varsity Ann Arbor – had been approved by city council the previous night. The design review board will meet at 3 p.m. on Wednesday, Nov. 16 at the former Fox Tent & Awning building at 618 S. Main. That meeting, which is open to the public, will be followed by another community forum on Tuesday, Nov. 22 from 5-7 p.m. at the same location. Ketelaar has previously met with local business owners and members of the Old West Side Association board to discuss the project.

The project is expected to be formally submitted to the city later this month. After review by the city planning staff, it will be considered by the planning commission, which will make a recommendation to the city council. Construction could begin in the fall of 2012. [Full Story]

Editor’s note: For actual coverage of the Ward 2 Ann Arbor city council election, see The Chronicle’s “General Election 2011: Results Roundup.”

[Full Story]

Ann Arbor city council meeting (Nov. 10, 2011): A further revision to the city’s pedestrian safety ordinance took up most of the council’s time at Thursday’s meeting.

The council had made several revisions to the law in 2010, including a requirement that motorists accommodate not only pedestrians who are “within” a crosswalk, but also those who are “approaching” a crosswalk. Thursday’s initial revision amended out the “approaching” language in favor of the following wording: “… the driver of a vehicle shall stop before entering a crosswalk and yield the right-of-way to a pedestrian stopped at the curb or ramp leading to a crosswalk and to every pedestrian within a crosswalk.”

The second and final vote on the pedestrian ordinance change is expected to come after a council working session in December, and after a public hearing at the council meeting when the final vote is taken. Based on deliberations on the change at Thursday’s meeting, the outcome of that vote is not a foregone conclusion, and further revisions might be possible.

The council also took action at the Nov. 10 meeting that will allow two downtown residential projects to start construction. The council approved the site plan for The Varsity Ann Arbor, a “planned project” consisting of a 13-story apartment building with 181 units at 425 E. Washington, between 411 Lofts and the First Baptist Church.

And the final deal was approved with Village Green to purchase the city-owned parcel at First and Washington. On that site Village Green will build a 244-space parking deck as the first two stories of a 9-story building with 156 dwelling units – City Apartments.

The council gave final approval to a change in its taxicab ordinance, spelling out conditions under which licenses can be revoked or suspended.

The council also gave final approval to two ordinances that make retiree health care and pension benefits for two of the city’s larger unions parallel to benefits for non-union employees. The approvals gave Stephen Rapundalo (Ward 2) an opportunity to comment on the labor issues that had been a centerpiece of his re-election campaign, which concluded unsuccessfully on Tuesday.

It was due to the election held on Tuesday that the council’s meeting was shifted from its regular Monday meeting slot to Thursday. The shift is stipulated in the city charter. All council incumbents won their races except for Rapundalo, a Democrat defeated by Jane Lumm, who was running as an independent. Rapundalo began his final meeting by signing multiple attendance sheets for high school students who were attending the meeting on a class assignment, and ended it by hearing praise from his colleagues around the table. [Full Story]

Wily Writers has posted a short horror story and podcast – “The Bobble Head of Doom” – by Bob Eccles, who also works as a news reporter and anchor for WEMU, the public radio station at Eastern Michigan University. An excerpt: “The sound of approaching sirens woke Nick from his sleep. He ran to the window and peered out between the curtains. He didn’t see any police cars, but his forehead was beaded with sweat. Nick turned to face ex-president Nixon. ‘Do you think they’re coming for me?’ Nixon’s head nodded. ‘But I was sure nobody saw me! What am I going to do?’ The former president scowled at Nick, his head still.” [Source]

Former University of Michigan president James Duderstadt is quoted in a column by Joe Nocera in the New York Times about the role that institutionalized college sports played in the Penn State sexual abuse scandal: “College football and men’s basketball has drifted so far away from the educational purpose of the university. They exploit young people and prevent them from getting a legitimate college education. They place the athlete’s health at enormous risk, which becomes apparent later in life. We are supposed to be developing human potential, not making money on their backs. Football strikes at the core values of a university.” [Source]

Ann Arbor author John U. Bacon is interviewed for an item in the Inside the List column, to be published in the Nov. 20 New York Times Sunday Book Review. Bacon – whose recently released book “Three and Out: Rich Rodriguez and the Michigan Wolverines in the Crucible of College Football” is on the Times bestseller list – was asked what advice he’d give Penn State in the wake of a child sexual abuse scandal with links to the athletic department there: “Confess, fire and punish – then begin a transition to a brand-new regime. Few schools have done this very well, partly because they don’t realize coaches are not interchangeable parts. Las Vegas weddings tend to end in Las … [Full Story]

Sue McCormick, one of the city of Ann Arbor’s top administrators, is being hired as director of Detroit’s water and sewerage department. Her selection by Detroit mayor David Bing was announced at the Nov. 9 meeting of the board of water commissioners, which is expected to vote on her appointment at its Nov. 30 meeting.

The news was conveyed to the Ann Arbor city council Thursday afternoon via an email from city administrator Steve Powers, who forwarded councilmembers a link to the Digesting the Detroit Water Department blog. There was no mention of the announcement at the council’s meeting that evening.

McCormick first came on board the city of Ann Arbor as water utilities director in 2001. Before that she … [Full Story]

Ann Arbor greenbelt advisory commission meeting (Nov. 9, 2011): Skyline High School students on class assignment outnumbered commissioners at Wednesday’s meeting. More students might have attended, but some learned of a meeting of the city’s medical marijuana advisory board scheduled for the same time, and were drawn to that instead.

Those who did stay witnessed a brief meeting that included a recess to wait until a sixth commissioner arrived – GAC requires six members to hold a closed session, which they needed in order to discuss possible land acquisition.

Briefly participating in that closed session was Jack Smiley, former executive director of the Southeast Michigan Land Conservancy. The conservancy hopes to partner with Ann Arbor’s greenbelt program on property in the Superior Greenway – land between Ann Arbor and Detroit that’s protected from development.

In other business, commissioners briefly discussed ways to communicate better about the greenbelt program with the public, building on what they viewed as a successful bus tour of protected greenbelt land in October. One possibility is a forum this winter at the Ann Arbor District Library, where the public could meet with landowners whose property is part of the greenbelt.

The one action item at Wednesday’s meeting was a vote to pre-authorize staff of The Conservation Fund, which manages the greenbelt program under contract with the city, to conduct appraisals for potential land acquisitions through Dec. 31.

Typically, GAC votes to authorize appraisals on specific parcels, as part of the application process that landowners make for being part of the greenbelt. But the city council is expected to vote on a possible expansion of greenbelt boundaries in December, after GAC’s meeting that month. GAC voted to recommend the expansion at its September 2011 meeting. It’s expected that some landowners within the expanded boundaries might want to apply for the greenbelt, and a February deadline to seek matching federal dollars makes the timeline for getting appraisals shorter than usual. Pre-authorization gives staff flexibility to move forward with the process.

Commissioners are also awaiting finalization of Shannon Brines’ appointment to GAC. The city council was expected to vote on his appointment at its Nov. 10 meeting. But the council postponed the vote to Nov. 21 – due to a procedural issue, not any substantive concern about his appointment. [Full Story]

New documents related to the cleanup of a 1,4 dioxane groundwater plume in the Ann Arbor area, resulting from contamination by the former Scio Township manufacturing site of Gelman Sciences (now owned by Pall Corp.), have been posted on the Michigan Dept. of Environmental Quality website. Specifically, on Oct. 26, 2011, Pall filed a petition with the court stating that “if it is required to install additional compliance monitoring wells it will dispute the location of such wells.” In a response filed Nov. 7, the state argued that a consent judgement issued by the court doesn’t prohibit the installation of additional monitoring wells for the purpose of monitoring compliance with court-ordered cleanup. The state further argues that Pall’s proposed monitoring-well network is … [Full Story]

At its Nov. 10, 2011 meeting, the Ann Arbor city council authorized a land deal that sold the city-owned First and Washington lot to Village Green. Village Green will build a 244-space parking deck as the first two stories of a 9-story building with 156 dwelling units – City Apartments.

The purchase price of the land is $3,200,000, the bulk of which ($2,500,000 plus $500,000 previously borrowed from the risk fund to cover construction costs) is earmarked for the city’s new municipal building fund. The city has previously received $103,000 in earnest money. The city is covering $5,000 in closing costs – that puts net proceeds of the transaction at $3,092,000. The remaining $92,000 (after appropriating the $3 million total for the municipal center) and the earnest money will be appropriated to the general fund, designated as “non-departmental” (as non-recurring revenue), where it will add to the general fund reserve.

The Ann Arbor Downtown Development Authority has pledged around $9 million of support for bonds to pay for the parking deck component of City Apartments – the city will own that part of the project. Payment is not owed to Village Green for the parking deck construction until a certificate of occupancy is issued for the parking deck, which is expected to open for business in about a year (late 2012), before the residential portion of the project is complete.

The deal had a five-year trajectory after the city council first approved the recommendation of the First and Washington RFP Review Committee, and the city started negotiations with Village Green for the sale and redevelopment of the site. The goals of the deal were: to increase downtown residential density; replace public parking spaces; maximize the sale price; and maximize future tax revenue, captured by the Ann Arbor Downtown Development Authority TIF (tax increment finance) district.

The vote by the council required an 8-vote majority on the 11-member body, because the city charter stipulates that “The City shall not purchase, sell, or lease any real estate or any interest therein except by resolution concurred in by at least eight members of the Council.”

Also at the meeting, the council approved the affordable housing component of the project. Under those terms, 16 of the units must be permanently affordable to households earning no more than 80% of the area median income (AMI).

The Ann Arbor DDA has also agreed to support the project with $400,000 from its housing fund, if four of the 80% AMI rental units are made affordable at the 60% AMI level. The affordable units will be of the same appearance and finish as other units and would be distributed throughout the project.

This brief was filed from the city council’s chambers on the second floor of city hall, located at 301 E. Huron. A more detailed report will follow: [link] [Full Story]

At its Nov. 10, 2011 meeting, the Ann Arbor city council voted to ratify a revision to its contract with RecycleRewards (parent company of RecycleBank), starting Dec. 1, 2011. Under terms of the new contract, Ann Arbor’s base payment to RecycleRewards will be reduced from $0.52 to $0.35 per household per month. Annually, that translates to a reduction from $149,244 to $100,455.

Under the contract revision, RecycleRewards will receive a $50 per ton incentive for any increase above 11,332 tons – that’s the amount collected in the first year of the RecycleRewards program (Sept. 1, 2010 to Aug. 31, 2011). However, even with possible incentives, the city’s payment is limited to a maximum of $150,000 in any fiscal year.

At its Sept. 19 meeting, the council had made the decision to direct city staff to renegotiate the new contract, after weighing the possibility of terminating it.

This brief was filed from the city council’s chambers on the second floor of city hall, located at 301 E. Huron. A more detailed report will follow: [link] [Full Story]

At its Nov. 10, 2011 meeting, the Ann Arbor city council approved use of its open space and parkland preservation (greenbelt) millage funds to preserve two parcels outside the city through the purchase of conservation easements.

The city of Ann Arbor is partnering with Ann Arbor Township and Washtenaw County Parks and Recreation by contributing $49,500 towards the $99,000 cost of a conservation easement on a 23-acre property owned by Joe Bloch in Ann Arbor Township. Part of the land is currently used for farming.

For a second parcel, the council authorized $15,000 to partner with the Legacy Land Conservancy to preserve a 30-acre property owned by Charles Botero in Northfield Township. Botero is donating the conservation easement to the Legacy Land Conservancy – the $15,000 will cover the closing, due diligence, and stewardship costs for the property.

The greenbelt advisory commission recommended both fund expenditures at its Sept. 14, 2011 meeting.

This brief was filed from the city council’s chambers on the second floor of city hall, located at 301 E. Huron. A more detailed report will follow: [link] [Full Story]

At its Nov. 10, 2011 meeting, the Ann Arbor city council gave approval to a residential project on East Washington Street: The Varsity Ann Arbor. The Varsity is a “planned project” consisting of a 13-story apartment building with 181 units at 425 E. Washington, between 411 Lofts and the First Baptist Church.

The city planning commission recommended approval of The Varsity at its Oct. 4, 2011 meeting.

Intended for students, it’s the first project to go through the city’s new design review process. The Varsity was first considered at the planning commission’s Sept. 20 meeting, but postponed.

A “planned project” allows modifications of the area, height, and placement requirements related to permanent open space preservation, if the project would result in “the preservation of natural features, additional open space, greater building or parking setback, energy conserving design, preservation of historic or architectural features, expansion of the supply of affordable housing for lower income households or a beneficial arrangement of buildings.” However, all other zoning code requirements must still be met – including the permitted uses, maximum density, and maximum floor area.

The Varsity was submitted as a planned project in order to make the plaza area off Washington Street larger than what would have been required by the zoning code.

This brief was filed from the city council’s chambers on the second floor of city hall, located at 301 E. Huron. A more detailed report will follow: [link] [Full Story]

At its Nov. 10, 2011 meeting, the Ann Arbor city council gave initial approval to a tweak to its pedestrian safety ordinance. The language given initial approval by the council now reads in relevant part: ” … the driver of a vehicle shall stop before entering a crosswalk and yield the right-of-way to a pedestrian stopped at the curb or ramp leading to a crosswalk and to every pedestrian within a crosswalk, …”

Some amendments to the law made by the council over a year ago on July 19, 2010 included an expansion of the conditions under which motorists must take action to accommodate pedestrians. Specifically, the 2010 amendments required accommodation of pedestrians not just “within a crosswalk” but also “approaching or within a crosswalk.”

A draft of the current revision that was circulated would have struck the phrase about “approaching” a crosswalk – which resulted in a mischaracterization in other media reports of a possible council action to “repeal” the ordinance.

Besides the “approaching” phrase, the 2010 amendments also included two other key elements. The 2010 amendments included a requirement that motorists “stop” and not merely “slow as to yield.” And the 2010 amendments also eliminated reference to which half of the roadway is relevant to the responsibility placed on motorists for accommodating pedestrians. With regard to that amendment, the intent of the council was to place responsibility on motorists, when pedestrians approach crosswalks on either side of the roadway.

Revisions contemplated by the council this time around do not change the intent of the ordinance on either the “stopping” or the “roadway side” elements. However, language has been inserted to make explicit that motorists have a responsibility “without regard to which portion of the roadway the pedestrian is using.”

To be enacted, the amendment to the pedestrian safety ordinance (like all ordinance revisions) will require a public hearing and a second approval by the council at a future meeting. The council indicated a desire to hold a working session on the issue in December, before the final vote.

This brief was filed from the city council’s chambers on the second floor of city, hall located at 301 E. Huron. A more detailed report will follow: [link] [Full Story]

At its Nov. 10, 2011 meeting, the Ann Arbor city council gave final approval to revisions to the ordinances that govern the retirement and health care plans for two of its unions: the Ann Arbor Police Officers Association (AAPOA) and the American Federation of State, County and Municipal Employees (AFSCME).

The revisions to the ordinances resulted from a collective bargaining agreement with AFSCME and a binding arbitration under Act 312 with AAPOA. The changes are similar to ordinance changes already enacted for non-union city workers.

The pension contribution for AAPOA and AFSCME workers will rise from 5% on a post-tax basis to 6% on a pre-tax basis. The vesting period for new hires will increase from 5 years to 10 years. Also for new hires, the final average compensation (FAC) calculation will be increased to a five-year period. The previous FAC was based on a three-year period.

On the health care side, the AFSCME and AAPOA employees will have the same access-only retiree health plan as non-union employees have.

Initial approval of the ordinance change came at the council’s Oct. 17, 2011 meeting.

This brief was filed from the city council’s chambers on the second floor of city hall, located at 301 E. Huron. A more detailed report will follow: [link] [Full Story]

At its Nov. 10, 2011 meeting, the Ann Arbor city council gave final approval to a set of changes to its taxicab ordinance. The changes make explicit how long a taxicab company license is valid (10 years) and spell out some additional conditions on revocation or suspension of the company license.

The revisions also add reasons that can be used for suspending an individual taxicab driver’s license, which include a city administrator’s view that a driver “has acted in an unprofessional, harassing or threatening manner to passengers, or others.”

At the council’s Oct. 17, 2011 meeting, when the revision had received its initial approval, Tom Crawford – the city’s chief financial officer – had briefed the council on the changes. Crawford serves as a non-voting member of the city’s taxicab board, which had recommended those changes. Crawford characterized the changes as falling in three areas. In the first area, related to licensing, Crawford said that in the past the city had seasonal operators who would want to come in and work the football season and then disappear. The ordinance is being changed so that if a company ceases operation for 45 days, the city can revoke the license. Crawford explained that a healthy taxicab industry needs stability and this is a mechanism to help guard against companies frequently coming in and out of the market.

Another area of change has to do with solicitations and how the companies represent themselves. Several companies advertise themselves as taxis, but they’re in fact limousines. Crawford characterized it as a safety issue for someone who believes a vehicle is a taxi, but it’s in fact a limo. [A taxi is per code "... accepting passengers for hire within the boundaries of the city as directed by the passenger." A limousine is pre-booked.] If a company holds itself out as a taxicab company, it has to be licensed as a taxicab company, Crawford said. [The city's taxicab code already prohibits advertising in the reverse direction – it prohibits taxicabs from holding themselves out as limousines.]

This brief was filed from the city council’s chambers on the second floor of city hall, located at 301 E. Huron. A more detailed report will follow: [link] [Full Story]

At its Nov. 10, 2011 meeting, the Ann Arbor city council, as part of its consent agenda, approved a $93,720 emergency purchase order for the lease of trucks to help with the fall leaf pickup. The contract is for six trucks for two months from Premier Truck Sales & Rental Inc. [photo of Premier Truck in action]

The emergency nature of the purchase order resulted from the fact that a different company, Big Truck Rental LLC, was unable to provide the eight trucks the city had originally agreed to lease. The council had approved the $138,000 purchase order for Big Truck Rental at its Sept. 19 meeting.

The city no longer picks up leaves by asking people to rake them into the street, and instead requires residents to use containers – carts or bags.  The rented trucks supplement the city’s regular trucks, and reduce the number of times that trucks would need to be emptied as they cover their routes.

When the city budgeted for 2011, it expected to save $104,000 by moving to containerized leaf collection. In fact, it realized a $200,000 savings (based on unaudited figures). For the 2012 fiscal year, the city is estimating $150,000 in savings.

This brief was filed from the city council’s chambers on the second floor of city hall, located at 301 E. Huron. A more detailed report will follow: [link]

[Full Story]

An article in the Data Driven Detroit newsletter looks at tax foreclosures in the metro Detroit region. In addition to providing a primer on Michigan’s tax foreclosure process, the article looks at jurisdictions in the four-county region (Macomb, Oakland, Washtenaw and Wayne) in terms of tax foreclosures per square mile. “Communities such as Novi Township, Ypsilanti Township, Royal Oak Township, and Hazel Park are now also local centers of tax foreclosure, with rates similar to those in Detroit in 2007 or 2008. As the map suggests, tax foreclosures are most concentrated in and around Detroit and its inner-ring suburbs, although more distant areas like Eastern Washtenaw County and central Macomb County have pockets of significant tax foreclosure activity.” [Source]