Civic News Ticker

The Ann Arbor Area Transportation Authority board has announced that it will hold its Aug. 21, 2014 regular board meeting at the AAATA headquarters at 2700 South Industrial Highway. The typical meeting location is the downtown building of the Ann Arbor District Library (AADL). However, the library building is currently closed for an undetermined period as the main elevator is being repaired.

The start time for the Aug. 21 meeting, which will be held in the boardroom at AAATA headquarters, is 6:30 p.m. The AAATA facility is not equipped with built-in Community Television Network cameras as the AADL is. It’s not yet clear if AAATA will ask that a mobile CTN crew be dispatched to AAATA headquarters to record the meeting. As a contingency, The Chronicle will likely provide a live audio broadcast from the meeting, which will be recorded and archived by The Chronicle. Updated Aug. 21: CTN is scheduled to record the proceeding of the meeting.

The Ann Arbor District Library’s downtown building at 343 S. Fifth Ave. will be closed indefinitely starting Thursday, Aug. 14 for repair of the public elevator.

AADL director Josie Parker gave an update on her director’s blog: ”It will remain closed into next week for certain. The repair requires casings that are concreted into the elevator shaft to be removed. A drilling rig will be brought in on Thursday, and the work area will be exposed in such a way that makes it impossible for the Downtown library to be open to the public.”

The elevator has been out of commission since this spring, after leaks had developed in the hydraulic piston, causing it to fail a weight test. At their July 21, 2014 meeting, trustees authorized a $93,598 contract with Schindler Elevator Corp. to repair the elevator. A week after the July 21 meeting, the board called a special meeting for July 29 to address additional issues related to the elevator. The four board members present at that meeting voted to authorize an additional $75,000 for elevator work.

The plan at that time was to attempt to keep the downtown library open as much as possible during the work, with the caveat that it was still unclear exactly what would be required to make the repair.

The AADL is also undertaking a major renovation to the front entrance of the downtown library. Construction work on that project has not yet begun. On July 21, AADL trustees authorized a $425,523 construction budget for that project, which has been in the works for several months. The budget covers new doors, a redesigned facade, and heated sidewalks, among other changes. The construction manager is O’Neal Construction of Ann Arbor.

The city of Ann Arbor has responded to a federal lawsuit filed earlier this year with a motion to dismiss the suit against the city and three of its police detectives. The lawsuit was filed on May 19, 2014, but not served until July 17.

The complaint was filed by Joseph Bailey against the city of Ann Arbor and three Ann Arbor police detectives – Christopher Fitzpatrick, William Stanford, and Michael Dortch – in connection with Bailey’s arrest for armed robbery of the Broadway Party Store. Bailey’s complaint alleges that the detectives subjected Bailey to excessive force and caused his false imprisonment. Bailey was not prosecuted for the robbery, but eventually pled guilty to resisting arrest.

The city’s motion to dismiss contends that the complaint fails to state a claim upon which relief has been granted, and argues that the facts adduced in the complaint are actually conclusions – rather than facts that would support a plausible claim under the legal theories pled in the complaint.

The city’s response with a motion to dismiss was filed with the court on Aug. 7. [.pdf of Aug. 7, 2014 motion to dismiss] [.pdf of May 19, 2014 complaint]

Seven residential condominiums, to be build just west of the railroad tracks on West Liberty Street in Ann Arbor, have received approval from the city council. Council action came at its Aug. 7, 2014 meeting.

The proposal from developer Alex de Parry is to demolish an existing car wash at 318 W. Liberty and build an 11,910-square-foot structure with seven residential condominiums – five two-bedroom and two three-bedroom units. Each condo will have its own two-car tandem garage for a total of 14 parking spaces, although no parking is required.

The plan received a unanimous recommendation of approval from planning commissioners at their July 1, 2014 meeting.

The lot, on the north side of Liberty, is east of the historic Peter Brehme house at 326 W. Liberty and located in the Old West Side historic district. The historic district commission issued a certificate of appropriateness for the project on March 13, 2014. It’s located in Ward 5 and is zoned D2 (downtown interface).

The project would require two footing drain disconnects or the equivalent mitigation, according to a planning staff report. [.pdf of staff report]

In May, De Parry was told that the existing six-inch water main in West Liberty Street would need to be upsized to a 12-inch water main. The city staff told him that the six-inch main wouldn’t have the capacity to handle the additional development, in particular the building’s fire-suppression system. That was the reason for postponement at the planning commission’s May 20, 2014 meeting.

At that time, De Parry told commissioners that the development team had just been informed about the issue, and they were analyzing the budget impact and alternatives that they might pursue.

The current agreement, recommended by commissioners on July 1, is for De Parry to pay for installation of an eight-inch water main, rather than the 12-inch water main.

This brief was filed from the city council’s chambers on the second floor of city hall, located at 301 E. Huron.

As a part of its consent agenda, the Ann Arbor city council has approved over $380,000 in regular computer software and hardware contracts. The vote on the consent agenda is taken on all items as a group, although the items themselves are separate.

The computer technology items approved on the council’s Aug. 7, 2014 consent agenda were:

• Purchase order to Michigan Supreme Court State Court Administrative Office for Judicial Information System (JIS) in FY 2015 ($45,000). This covers the annual software licensing and hosting costs for the JIS case management software. JIS is provided by the State of Michigan Supreme Court State Court Administrative Office for the 15th District Court use in its day-to-day operations.
• Purchase order with Oakland County for CLEMIS (Courts and Law Enforcement Management Information System) Information Services for FY 2015 ($87,000). This gives the Ann Arbor police department access to shared information across multiple jurisdictions related to: computer aided dispatch (CAD), CAD Mobile, report management systems, fingerprinting and mug shots.
• Purchase order for annual maintenance and support of TRAKiT system and e-Markup annual license with CRW Systems Inc. for FY 2015 ($36,500). This system is used to track site plans and permits involved in land development – from initial concept through post occupancy compliance
• Purchase order with Azteca Systems for CityWorks enterprise license and annual maintenance and support agreement for FY 2015 ($60,000). This is a GIS-based asset management system used for maintenance activities. Service requests and work orders are based upon a customer request or an asset’s preventative maintenance schedule, and its location – which means that work can be managed by geographic location in addition to task type. If workers are already being sent to some area, they can do work that is due that is nearby as well.
• Purchase order to New World Systems for financial system annual software support and maintenance agreement for FY 2015 (not to exceed $70,000). The software provides monthly reporting and workflow routing for approvals of accounts payable invoices, accounts receivable, purchases, etc. The software allows city staff across departments to track the budget from the beginning of the budget planning process through the approval of the new budget.
• Purchase order with SEHI Computers for FY 2015 PC replacement program ($55,765). The staff memo accompanying this item notes that SEHI was selected as the lowest responsible bidder for pricing, technology, use of green technologies, power management technologies and ability to meet required bid specifications. But there’s not an indication of how many PCs are to be replaced under the program.
• Purchase order to BS&A Software for annual software maintenance and support agreement for FY 2015 ($26,000). This system is used for tax and assessment as well as the online hosting of tax and assessing data.

This brief was filed from the city council’s chambers on the second floor of city hall, located at 301 E. Huron.

A special assessment for sidewalk construction on Pontiac Trail has been given final approval by the Ann Arbor city council. It was postponed from the council’s July 21, 2014 meeting to allow additional time for one of the property owners to protest. The total cost that will be assessed to adjoining property owners is $72,218.

According to the staff memo accompanying the resolution, sidewalk construction would be done as part of the reconstruction of Pontiac Trail beginning just north of Skydale Drive to just south of the bridge over M-14. The project will also be adding on-street bike lanes and constructing a new sidewalk along the east side of Pontiac Trail to fill in existing sidewalk gaps and to provide pedestrian access to Olson Park and Dhu Varren Road. That’s part of the city’s Complete Streets program.

In addition to the sidewalk, approximately 1,960 feet of curb and gutter is being added north of Skydale along Pontiac Trail to protect existing wetland areas. [.pdf of Pontiac Trail sidewalk special assessment area]

This brief was filed from the city council’s chambers on the second floor of city hall, located at 301 E. Huron.

A 35-month, $727,545 contract with Du All Cleaning Inc. has been approved by the Ann Arbor city council – for janitorial service at city hall, the Wheeler Service Center, the water treatment plant, senior center and other city-owned facilities.

Council action came at its Aug. 7, 2014 meeting. The item had originally been scheduled to appear on the council’s July 21 meeting agenda. Responding to an emailed query from The Chronicle, city administrator Steve Powers explained that the item was delayed until the Aug. 7 meeting “to allow more time to evaluate the services of Du All during their probationary period.”

The locations and the cleaning schedule to be covered by the contract include:

• 911 Dispatch Center [Cleaned 7 days per week]
• Municipal Center [Cleaned 5 days per week]
• Wheeler Service Center [Cleaned 5 days per week]
• Water Treatment Plant [Cleaned 5 days per week]
• Veterans Memorial Park [Cleaned 5 days per week]
• Senior Center [Cleaned 4 days per week]
• Farmers Market [Cleaned 1-3 days per week depending on the season]

This brief was filed from the city council’s chambers on the second floor of city hall, located at 301 E. Huron.

A contract with Carrier & Gable Inc. for the purchase of $480,000 worth of traffic signals has been approved by the Ann Arbor city council. Action came at the council’s Aug. 7, 2014 meeting.

The list of signals covered in the contract includes:

• Varsity and Ellsworth pedestrian signal upgrade ($25,000)
• King George and Eisenhower pedestrian signal upgrades ($35,000)
• Maintenance operations, including wear-out and accident damage, and support of other city projects ($300,000)
• Addition of flashing yellow arrows for left turn movement at the following locations ($55,000): Fuller & Glenn; Barton & Plymouth; Plymouth & Broadway; Eisenhower & Stone School; Cedar Bend & Fuller; Fuller & Glazier Way; Fuller & Fuller Ct.; Fuller & Huron High
• Division and Catherine ($65,000)

The council approved the contract with Carrier & Gable as a sole-source contract, because they are the only area distributor in Michigan and Indiana for the Eagle Signal Company. All of the city’s signalized intersections use equipment manufactured by Eagle. According to the staff memo accompanying the resolution, the advantages of sole-source supply for these materials include: reduced inventory requirements, as well as the need to train technicians in the repair of only one type of product.

This brief was filed from the city council’s chambers on the second floor of city hall, located at 301 E. Huron.

A $200,000 contract with Reiser & Frushour P.L.L.C. has been approved by the Ann Arbor city council, to provide legal representation as court-appointed counsel to indigent defendants in the 15th District Court. Action came at the council’s Aug. 7, 2014 meeting.

The court is required by law to appoint attorneys to represent indigent defendants when potential punishment, if convicted, includes the possibility of incarceration. According to the staff memo accompanying the item, Reiser & Frushour was selected from a pool of three firms that responded to a request for proposals (RFP). Besides Reiser & Frushour, the two other firms submitting proposals were: Washington, Friese & Graney; and Huron Valley Law Association. A selection committee consisting of the three 15th District Court judges reviewed the proposals and ranked the respondents. The contract covers the term of Sept. 1, 2014 through June 30, 2015.

Prior to the vote, Christopher Taylor (Ward 3) reported that the contracting party is a client of his, so he asked for authorization to sit out the vote. The council voted to allow that.

This brief was filed from the city council’s chambers on the second floor of city hall, located at 301 E. Huron.

A trio of items on the Ann Arbor city council’s Aug. 7, 2014 agenda have been approved, which relate to a future project at Research Park Drive.

The project itself was not on the agenda – but it would construct six new buildings on six parcels, each with associated surface parking and storm water detention. One of the proposed buildings would be a tennis facility. The tennis facility required an amendment to the ORL zoning district, which currently does not allow outdoor recreation uses.

The three associated items approved by the council were: (1) an area plan; (2) rezoning of 16.6 acres comprising six parcels from RE (research district) to ORL (office/research/limited industrial district); and (3) an amendment to the ORL zoning classification to allow the planning commission to grant special exception uses for recreational facilities.

Recommendations of approval for these items came at the planning commission’s June 3, 2014 meeting. Initial approval was given by the city council for the rezoning items at its July 7, 2014 meeting. So a vote for approval at the council’s Aug. 7 meeting was the final vote needed for enactment.

The six lots are undeveloped and total 16.6 acres. Four of the lots, on the southern end of the site, are owned by Qubit Corp. LLC; BMS Holdings LLC owns the northern two sites.

The proposed area plan – which is less detailed than a site plan – includes an indoor-outdoor tennis facility on one of the lots. It also includes five two-story buildings that could accommodate office, research, and limited industrial uses on the remaining lots, each with their own parking lot and access point to Research Park Drive.

Prior to construction, the project must go through the city’s site plan approval process, which might require a traffic impact study.

This brief was filed from the city council’s chambers on the second floor of city hall, located at 301 E. Huron.

Initial approval has been given to the rezoning of property necessary for an expansion of the Gift of Life Michigan facility on Research Park Drive. The rezoning would change 6.55 acres from O (office district) and RE (research district) to ORL (office/research/limited Industrial district).

The proposal calls for building a three-story, 40,786-square-foot addition to connect two existing buildings at 3161 and 3169 Research Park Drive, which are owned and occupied by the nonprofit. According to a staff report, the additional space will accommodate offices, a special events auditorium and “organ procurement suites.” The nonprofit’s website states that the Gift of Life is Michigan’s only federally designated organ and tissue recovery program. Cost of the expansion project will be $10.5 million.

The city planning commission recommended approval of the rezoning at its July 1, 2014 meeting. City council action came at its meeting on Aug. 7. Only the initial consideration of the rezoning was on the Aug. 7 city council agenda. Rezoning requires two council votes taken at separate meetings.

The changes would rezone the properties from office (O) and research (RE) to office/research/limited industrial (ORL). The parcel at 3161 Research Park Drive is currently zoned O. The parcel at 3169 Research Park is zoned RE. The plan is to combine those lots before the city issues building permits.

The project would reduce the four existing curb cuts to Research Park Drive to three, connecting one of the loop driveways to an existing driveway at the east end of the site. A parking lot at the back of the site will be expanded by 38 parking spaces. Two alternate vehicle fueling stations are proposed in parking spaces near the main entry, with the driveway at the center of the site providing access for ambulances. A new shipping and receiving facility will be located on the northeast corner of the site.

This brief was filed from the city council’s chambers on the second floor of city hall, located at 301 E. Huron.

A plan to tear down the existing Delta Chi fraternity house at 1705 Hill Street and build a much larger structure in its place has received approval from the Ann Arbor city council.

Action came at the council’s Aug. 7, 2014 meeting. The planning commission had voted to recommend approval of the site plan at its July 1, 2014 meeting.

The fraternity plans to demolish the existing 4,990-square-foot house at 1705 Hill St. – at the northwest corner of Hill and Oxford – and replace it with a 12,760-square-foot structure on three levels, including a basement. The current occupancy of 23 residents would increase to 34 people, including a resident manager.

The house is now on the northwest corner of the site, and a curbcut for the driveway is located at the intersection of Hill and Oxford. The proposal calls for building the new house closer to the southeast corner of the lot, with a parking lot on the west side and a new curbcut onto Hill – away from the intersection. [.pdf of staff report]

The minimum parking requirement is for seven spaces, but the plan calls for 16 spaces on the parking lot. There will be a shed with spaces for 20 bikes, and another four bike spaces in the back yard.

The project is expected to cost $2.2 million.

The fraternity declined to make a recommended voluntary parks contribution of $3,100 to the city. A statement from the fraternity gives their rationale for that decision: “While we can see the merit of such a donation for a large, new development that may bring additional residents to the city, we feel that this is not fitting in our situation. The Delta Chi Building Association has owned this property continuously since 1947, and during that time has consistently paid our property taxes and special millage assessments designated for Parks and Recreation. During our 67 years of ownership, we believe that we have contributed much more than the contribution suggested to support the Ann Arbor Parks and Recreation system.”

In two separate votes at its July 1 meeting, the planning commission unanimously recommended approval of a site plan and granted a special exception use for the project. A special exception use is required because the property is zoned R2B (two-family dwelling district and student dwelling district). Fraternities are only allowed in R2B districts if granted special exception use by the planning commission. No additional city council approval is required for that.

This brief was filed from the city council’s chambers on the second floor of city hall, located at 301 E. Huron.

At its Aug. 6, 2014 meeting, the Ann Arbor planning commission took two actions related to an Ann Arbor housing commission project at 3451 Platt Road.

The commission recommended approval of a rezoning proposal on 3.1 acres – from R1C (single-family dwelling district) and R2A (two-family dwelling district) to R4B (multi-family dwelling district). The site includes a property currently owned by AAHC, as well as an adjacent parcel that’s being purchased by the city on behalf of AAHC. The rezoning request will be forwarded to the city council for consideration.

In a separate vote, the commission postponed action on a proposed site plan for the low-income housing development, to allow AAHC time to address staff concerns regarding the impact on natural features. It’s not clear at this time when the site plan is going to be considered again by the planning commission.The site plan will also need city council approval. AAHC hopes to have a decision  on the zoning and the site plan from the city council by mid-October, to enhance a grant application.

The project calls for demolishing four single-family homes and one two-family building, and constructing a 32-unit apartment complex with five buildings, 61 parking spaces, a playground, and a community building. The new apartments will include: 8 one-bedroom units; 12 two-bedroom units; 6 three-bedroom units; 2 four-bedroom units; and 4 five-bedroom units.

Two of the proposed buildings would be in the floodplain, which raised concerns from city staff. The AAHC is working to address those concerns – possibly by eliminating or reducing the number of buildings in the floodplain. It’s expected that the AAHC can address the issues raised by city staff so that the site plan can return to the planning commission at its Aug. 19 meeting. [.pdf of planning staff report] [.pdf of June 28, 2014 citizen participation meeting report]

This project is part of major renovations and improvements the commission is making to its low-income housing inventory. For background on the AAHC process of renovating its properties, see Chronicle coverage: “Public Housing Conversion Takes Next Step.”

This project is not the same site as a county-owned property on Platt Road, which is also being considered for affordable housing.

This brief was filed from the second-floor council chambers at city hall, 301 E. Huron. A more detailed report will follow.

Washtenaw County commissioners have given final approval to mid-year budget adjustments and have allocated this year’s higher-than-expected property tax revenues, as well as a $3.9 million surplus from 2013. Action was taken at the county board’s Aug. 6, 2014 meeting, following initial approval on July 9.

The adjustments increased the general fund budget’s expenses and revenues by $720,486 for 2014, $733,233 for 2015, $745,980 for 2016 and $758,727 for 2017. The county operates on a four-year budget, with the fiscal year matching the calendar year.

The adjustments also followed the recommendation of county administrator Verna McDaniel, and set aside the $3,920,818 surplus from 2013 in unearmarked reserves, rather than spending it. The projected year-end 2014 fund balance is $20,638,675. The county board had previously approved a goal of holding a fund balance equal to 20% of its general fund budget. For 2014, the general fund budget is $103,127,202. [.pdf of staff memo and mid-year budget resolution]

In addition, the following mid-year budget adjustments were made to the general fund:

• Structural adjustments resulting in a $494,677 increase in expenditures for (1) providing employee health care coverage for autism; (2) a consultant to help with the board’s budget priority work, (3) a “local government initiatives” intern; (4) reinstatement of two full-time equivalent positions in the sheriff’s office; and (5) salary adjustments for non-union employees.
• Non-structural, one-time, adjustments that increased expenditures by $65,000 for homelessness initiatives.

The administration recommended that the remaining $160,809 be held as an undesignated allocation until budget projections improve as new information becomes available. Finance staff gave a second-quarter budget update on Aug. 6, projecting that the county will have a $211,920 general fund surplus at the end of 2014. [.pdf of budget presentation]

When an initial vote was taken on July 9, commissioners Dan Smith (R-District 2) and Conan Smith (D-District 9) had voted against it. Although they supported it on Aug. 6, both raised the same concerns they’ve voiced earlier. Conan Smith said he hoped that when the county achieves its goal of a fund balance equal to 20% of the general fund budget, then any extra surplus would be “put to work in the community.” Dan Smith stressed the importance of setting a budget and sticking to it, with adjustments coming only during the annual budget affirmation process – rather than throughout the year.

This brief was filed from the county administration building at 220 N. Main. in Ann Arbor. A more detailed report will follow.

At its Aug. 6, 2014 meeting, the Washtenaw County board of commissioners made allocations to six projects, using funds from an Act 88 millage that the county levies each year. In a separate vote, commissioners took an initial step to levy that tax, with final approval expected in September.

The county’s position is that Act 88 can be levied without voter approval to fund economic development and agricultural activities. This year, the proposal is to levy 0.07 mills in December 2014 – the same rate that was levied in 2013. It’s expected to raise an estimated $1,022,276 in property tax revenues.

In previous years, the resolution setting this millage has outlined how the revenues would be allocated. The largest allocations have gone to the county’s office of community & economic development, and to the nonprofit Ann Arbor SPARK.

However, at its Nov. 6, 2013 meeting, the board adopted a new policy for allocating Act 88 revenues, drafted by Conan Smith (D-District 9). [.pdf of Act 88 policy] The policy included creating an Act 88 advisory committee to make recommendations to the board and prepare an annual report that assesses how Act 88 expenditures have contributed toward progress of goals adopted by the board. The policy allows the committee to distribute up to 10% of annual Act 88 revenues without seeking board approval. The policy also allocates up to 30% of revenues to the county office of community & economic development, which administers Act 88 funding.

This year, the 10% amounts to $91,753. Of that, $3,993 remains unallocated and will stay in the Act 88 fund balance to support future projects. Beyond that, a total of $87,760 in funding was allocated for six projects initiated by two organizations – the Michigan State University Product Center, and Ypsilanti-based Growing Hope [.pdf of staff memo]:

• $10,060 to the MSU Product Center to study the potential for enhanced food processing in Washtenaw County.
• $12,700 to the MSU Product Center to develop “MarketMaker,” a food industry business network and database.
• $20,000 to Growing Hope/Reconsider to run community education events on the Michigan Invests Locally Exemption Act and to study the potential and processes for investing locally in Washtenaw County.
• $13,000 to Growing Hope/Revalue to provide two full-day educational events to assist investors in incorporating local investment offerings into their financial plans.
• $13,000 to Growing Hope to create a study on increasing food assistance sales at farmers markets in Washtenaw County.
• $19,000 to Growing Hope to support the development of an Ypsilanti “MarketPlace,” a year-round farmer’s market, and “MarketHub,” a food distribution center serving underserved communities.

These recommendations were made to the county board by the Act 88 advisory committee. Members are: County commissioners Ronnie Peterson (D-District 6), Alicia Ping (R-District 3) and Conan Smith (D-District 9); Todd Clark, president of United Bank & Trust; and Art Serafinski, chair of the Ypsilanti Convention & Visitors Bureau board. Staff support was provided by the county’s office of community & economic development.

During the Aug. 6 meeting, commissioner Dan Smith (R-District 2) brought forward an amendment for both the projects resolution and the resolution to levy the tax this year. After some discussion among commissioners, the board unanimously passed this amendment on the projects resolution [strike-through reflects a clause that was struck during deliberations]:

FURTHERMORE BE IT RESOLVED that the Washtenaw County Board of Commissioners directs Corporation Counsel to provide an exhaustive written opinion, by December 31, 2014, detailing the lawful uses of sums raised under Act 88 of 1913 (MCLA 46.161), and that this opinion address in similar manner other possible interpretations.

A similar amendment was passed unanimously for the resolution to levy Act 88:

FURTHERMORE BE IT RESOLVED that the Washtenaw County Board of Commissioners directs Corporation Counsel to provide an exhaustive written opinion, by October 1, 2014, detailing the exact mechanism under which Act 88 of 1913 taxes may be levied in excess of Article IX, Section 6 constitutional limits without a vote of the people.

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

At its Aug. 6, 2014 meeting, the Ann Arbor planning commission approved revisions to its bylaws related to public hearings.

At the commission’s July 15, 2014 meeting, planning manager Wendy Rampson introduced staff recommendations for changes to the bylaws, which had also been discussed at a July 8 working session. She noted that when revisions to bylaws are being considered, the commission must provide notice at a meeting before that potential action. That public notice happened on July 15.

Planning commissioners had originally adopted similar revisions to their bylaws at a Feb. 20, 2014 meeting. Such revisions require city council approval. However, the city attorney’s office did not forward the Feb. 20 changes to the council for consideration. There was no action until July, when assistant city attorney Kevin McDonald provided suggested revisions to the bylaws related to public hearings. Those were the changes that were presented to commissioners at their July 15 meeting, and approved on Aug. 6. [.pdf of revised bylaws regarding public hearings] [.pdf of bylaws staff memo]

The main changes are in Sections 3 and 5 of Article 5 – Public Hearings. In Section 3, the changes eliminate the ability of the commission’s chair to modify or waive the speaking time limitations. Instead, the changes stipulate that the entire commission would have to make that decision via a majority vote.

The changes for Section 5 relate to the continuation of a hearing, and are as follows [deletions in strike-thru, additions in bold]:

Section 5. At the discretion of the Chair, or by vote of a majority of the members present, public hearings may be continued to another date. meeting, but will not be deemed to be a new hearing but a continuation of the original. If a public hearing is continued, individuals who have not previously addressed the Commission during the public hearing may address the Commission following the requirements of Section 3. Individuals who have addressed the Commission previously during the public hearing may only address the Commission for additional time (as limited by Section 3) during the continued public hearing if the Chair, with the consultation of Planning and Development Services staff, determines that: 1) additional public feedback is necessary, or 2) a specific petition has materially changed since the date of the original public hearing date. Agendas for continued public hearings shall specify whether members of the public shall be granted additional time to speak.

There were no changes suggested for the revisions that were passed by planning commissioners on Feb. 20 related to interactions with city councilmembers. That revised section states:

Section 9. A member of the City Council shall not be heard before the Commission during the Councilmember’s term in office.

The bylaws will be forwarded to the council for consideration. The revisions must be approved by the council before taking effect.

This brief was filed from the second-floor council chambers at city hall, 301 E. Huron. A more detailed report will follow.

At their Aug. 6, 2014 meeting, Washtenaw County commissioners gave initial approval to levy a tax to support services for indigent veterans. A final vote is expected at the board’s Sept. 3 meeting.

The county has determined that it is authorized to collect up to 1/10th of a mill without seeking voter approval. That’s because the state legislation that enables the county to levy this type of tax –  the Veterans Relief Fund Act, Public Act 214 of 1899  – predates the state’s Headlee Amendment. The county first began levying this millage in 2008, and collects the tax in December. Services are administered through the county’s department of  veterans affairs.

Since 2008, the county board has slightly increased the rate that it levies each year. In 2012, the rate was 0.0286 mills – or 1/35th of a mill. It was raised to a rate of 1/30th of a mill in December 2013, to fund services in 2014.

The current proposal is to levy 1/27th of a mill in December 2014, which is expected to raise about $540,887 in revenues for use in 2015.

There was no discussion of this item at the board’s Aug. 6 meeting.

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

The Washtenaw County board of commissioners has given initial approval a policy to guide the county’s participation in tax increment financing (TIF) authorities. The action took place at the board’s Aug. 6, 2014 meeting.

At its Oct. 16, 2013 meeting, the board had passed a resolution directing county administrator Verna McDaniel to develop a policy for evaluating future TIF proposals. The resolution stated that the policy would be developed with input from staff of the office of community and economic development, the equalization department, and the brownfield redevelopment authority. The Oct. 16 resolution was passed over dissent by the board’s two Republican commissioners, Dan Smith (R-District 2) and Alicia Ping (R-District 3).

Subsequently, an advisory committee was formed to help develop the policy. Members were: county commissioner Andy LaBarre (D-District 7); county treasurer Catherine McClary; corporation counsel Curtis Hedger; and finance director Kelly Belknap.

The two-page policy brought forward by McDaniel lays out a process by which the board would consider any proposed or amended Corridor Improvement Authority (CIA) or Downtown Development Authority (DDA) where the capture of county tax revenues is requested. [.pdf of TIF policy]

A final vote is expected at the board’s next meeting, on Sept. 3.

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

Ruth Ann Jamnick has won a four-way race in the Democratic primary for the District 5 seat on the Washtenaw County board of commissioners. It was the only county board seat that was contested in the Aug. 5 primary election. The district covers Augusta Township and part of Ypsilanti Township south of I-94.

Other District 5 Democratic candidates were Keith Jason, Wilma Gold-Jones, and Victor Dobrin. According to unofficial results on the Washtenaw County elections division website, Jamnick received 1,025 votes (36.39%) compared to 903 votes (32.06%) for Jason, 656 votes (23.29%) for Gold-Jones, and 232 votes (8.24%) for Dobrin.

In November, Jamnick will face Republican Timothy King, who was unchallenged in Tuesday’s primary. The current commissioner from that district, Democrat Rolland Sizemore Jr., did not seek re-election.

Incumbents in all other of the nine county board seats are running for re-election and were unchallenged in the primary. They are: Kent Martinez-Kratz (D-District 1), Dan Smith (R-District 2), Alicia Ping (R-District 3), Felicia Brabec (D-District 4), Ronnie Peterson (D-District 6), Andy LaBarre (R-District 7), Yousef Rabhi (D-District 8) and Conan Smith (D-District 9).

Dan Smith and Alicia Ping are unchallenged in the Nov. 4 general election. All Democratic incumbents will face opponents in November, however, running against candidates who were also unchallenged in Tuesday’s primary. They are: Republicans Larry Murphy (District 1),  Stanley Watson (District 4), David Raaflaub (District 6), Joe Miriani (District 7), Jeffrey Gallatin (District 8) and John Floyd (District 9).

The Ann Arbor District Library board has called a special meeting for Tuesday, July 29 at 6:30 p.m. The agenda includes an item on the elevator replacement for the downtown library. The special meeting will be held in the fourth-floor boardroom of the downtown library, 343 S. Fifth Ave.

The board recently took action at its regular July meeting – on July 21, 2014 – related to the downtown public elevator, which has been out of commission since this spring. The board authorized a $93,598 contract with Schindler Elevator Corp. to repair the elevator. Leaks had developed in the hydraulic piston, causing it to fail a weight test.

The July 21 resolution designated $57,988 for elevator repair, plus $35,610 for “well drilling (after-drill) of elevator hole in the existing hoistway and clean out of existing hole and casing.” The capital outlays line item in the 2014-2015 budget was increased by a total of $93,598, to be transferred from the library’s fund balance. As of June 30, the fund balance stood at $8.17 million. [.pdf of elevator contract and resolution]

 

Federal judge Lawrence Zatkoff has concluded that the city of Ann Arbor is not in contempt of court for mailing out nearly 400 absentee ballots that omitted the name of one of the candidates in the Ward 3 Democratic primary. The order was issued on July 28, 2014. [.pdf of July 28, 2104 order]

The ruling came after the city of Ann Arbor  responded to a show cause order from Zatkoff by giving arguments that the city should not be found in contempt of court – for sending out 392 absentee ballots for the Aug. 5, 2014 primary election that did not contain Bob Dascola’s name. The court had earlier ruled that the city charter eligibility requirements for elected officers could not be enforced against Dascola, with the expectation that Dascola’s name would appear on the ballot. [July 16, 2014 Show Cause Order] Printed correctly on the ballots were the names of the other two Ward 3 candidates: Julie Grand and Samuel McMullen.

Two weeks ago, the court had essentially ordered the city to present an explanation for the omission of Dascola’s name. The city’s response to the show cause order was filed on July 23.  [July 23, 2014 city of Ann Arbor response to Show Cause Order]

In Zatkoff’s July 18 ruling, he wrote: “The Court, having considered all the evidence before it, hereby accepts Defendants’ explanation of the underlying events. Further, the Court finds that Defendants actions do not rise to the level of contempt of this Court.”

It was an unusual series of events that led to the omission of Dascola’s name from the printed ballots, after it had been included on the original proofs that had been reviewed. The mistake was missed by more than one person. The judge had identified the city clerk as ultimately responsible for the mistake, as the last person to handle the misprinted paper ballots as they were inserted into the envelopes and sent to absentee voters.

The city has taken steps to attempt to rectify the situation, sending replacement ballots with instructions to those absentee voters who received incorrect ballots. The question of how votes would be counted on the misprinted ballots – in the event someone did not send in a replacement ballot – was disputed. Dascola’s campaign argued that such votes should not be tallied, while the city took no position, and Michigan’s Secretary of State successfully intervened in the motion, arguing that such votes should count. The court decided that question in favor of Dascola on July 22.

Since that July 22 ruling, the city has sent Ward 3 voters a letter clearly stating that votes in the Ward 3 race will not count if they are cast only on a misprinted ballot.

The prior court ruling on the city charter requirements, handed down May 20, 2014 had held that the city charter’s eligibility requirements are not enforceable. So the Ann Arbor city council is addressing this issue by placing new eligibility requirements on the ballot for voters to decide in the general elections to be held on Nov. 4.

Candidates in the Aug. 5, 2014 primaries had until Friday, July 25 to file pre-primary finance reports for the reporting period that ended July 20.

Based on filings made so far, here’s a breakdown of how much cash (as opposed to in-kind contributions) was raised in the city council and mayor’s races in Ann Arbor. Links go to the detailed filings available from the city clerk’s office.

[Not all candidates had filed by Friday morning, but they'll have until 5 p.m. to get their paperwork in. Links and dollar amounts will be updated as that information becomes available.]

• Sabra Briere [mayor] raised $26,680 and has spent $13,656 so far.
• Stephen Kunselman [mayor] raised $7,474, added to $3,199 rolled from his council campaign and has spent $10,186 so far.
• Sally Petersen [mayor] raised $44,495 and has spent $39,441 so far.
• Christopher Taylor [mayor] raised $75,698 and has spent $60,540 so far.
• Don Adams [Ward 1] raised $4,000 plus an additional $570 that appears to fit the category of itemized cash contributions and has spent $933 so far. Updated July 28: Adams filed the incorrect form and has now filed the correct one: [.pdf of Adams' new filing]
• Sumi Kailasapathy [Ward 1] raised $5,345 and has spent $2,425 so far.
• Nancy Kaplan [Ward 2] raised $16,314 and has spent $10,285 so far.
• Kirk Westphal [Ward 2] raised $12,420 and has spent $5,883 so far.
• Bob Dascola [Ward 3] raised $7,485 and has spent $1,031 so far.
• Julie Grand [Ward 3] raised $6,595 and has spent $2,476 so far.
• Samuel McMullen [Ward 3] raised $5,315 and has spent $3,927 so far. [Filing document is from McMullen's campaign not from the clerk's office.]
• Graydon Krapohl [Ward 4] [is not required to file a pre-primary report as there is no contest]
• Leon Bryson [Ward 5] raised $1,370 and has spent $1,297 so far.
• Chuck Warpehoski [Ward 5] raised $1,415 and has spent $1,748 so far.

Additional study of north-south commuter rail has been approved by the board of the Ann Arbor Area Transportation Authority. The contact for work to be done by SmithGroupJJR for up to $800,000 worth of planning work was approved by the AAATA board in action taken at its July 24, 2014 board meeting. [.pdf memo for July 24, 2014 WALLY resolution]

Planning and work for north-south commuter rail between Ann Arbor and Howell in Livingston County has been going on for several years in a project that has been called WALLY (Washtenaw and Livingston Railway). The AAATA appears to be transitioning to a project label that incorporates “N-S Rail” as part of the description.

About two years ago, at its  Aug. 16, 2012 meeting, the AAATA board approved the award of a $105,200 contract to SmithGroupJJR for “station location and design services” in connection with the WALLY project. The board’s authorization included an option to increase the contract scope at a later date. That’s what the board’s July 24, 2014 action did – increasing the total amount of the contract from $105,200 to $800,000.

Of that $800,000, a significant portion will be covered with a federal grant received by the AAATA in 2012 under the federal Transportation, Community and System Preservation (TCSP) program. The federal grant award of $640,000 requires a $160,000 local match, which will be made by the Howell Downtown Development Authority, the Ann Arbor DDA and Washtenaw County – equaling a total of $143,000, with the remaining $17,000 to come from the AAATA.

The initial $105,200 contract with SmithGroupJJR was focused on a station location study and is now largely complete. The conclusion of that station location study was to identify a segment of the Ann Arbor Railroad right-of-way, between Liberty and Washington streets, as a preferred location for a downtown station.

The scope of the additional work under the contract approved by the AAATA board on July 24, 2014 will:

• Thoroughly examine alternatives/supplements to N-S Rail service such as express bus, bus-on-shoulder and HOV options
• Complete the evaluation of boarding areas (stations) in terms of locations, costs and required features.
• Estimate operating and capital costs at a much finer level of detail, taking into account new service concepts, rail right-of-way work, ownership changes, and railcar acquisition that has taken place since 2008.
• Undertake a more rigorous approach to demands estimates in full compliance with FTA New Starts / Small Starts requirements.
• Incorporate “green” concepts and operating principles.
• Be accompanied by a robust public involvement effort aimed at informing stakeholders and testing public support for the service, governance and funding elements of the plan as they evolve.

The timeframe for the second phase of the study is about 18 months.

This brief was filed from the downtown location of the Ann Arbor District Library at 343 S. Fifth Ave., where the AAATA board holds its meetings.

GZA GeoEnvironmental has been awarded a $234,360 contract for environmental remediation work at the 2700 S. Industrial Highway headquarters of the Ann Arbor Area Transportation Authority.

The need for the work dates back four years to 2010, when an in-ground gasoline leak was discovered during an upgrade to the fuel tank monitoring system.

The AAATA board approved the contract with GZA at its July 24, 2014 board meeting.

The $25,000 insurance deductible through Chartis, the AAATA’s insurance company, has already been paid through previous work associated with this contamination. The current work – up to the $234,360 amount of the contract – will be reimbursed by Chartis for the total project price.

The work includes the following:

1. Installation of new monitoring wells.
2. Perform baseline groundwater sampling.
3. Chemical analysis of groundwater samples.
4. Anaerobic biodegradation bench scale study.
5. Soil and dewatering excavation.
6. Collection of excavation verification of soil remediation sampling.
7. Introduction of selected bioremediation enhancement materials.
8. Backfill restoration and concrete replacement.
9. Groundwater sampling (will occur a year after remediation activities has been completed).
10. Completed summary report that will be filed with MDEQ for satisfactory closure of incident.

This brief was filed from the downtown location of the Ann Arbor District Library at 343 S. Fifth Ave., where the AAATA board holds its meetings.

The budget for the 2014 fiscal year has been amended for the Ann Arbor Area Transportation Authority – to increase total expenses by $41,597 – from $34,073,795 to $34,115,392. Revenues have been adjusted to incorporate proceeds from the new millage, approved by voters on May 6, 2014. Of that additional $4,543,695 in local millage revenues, $3,850,000 is being put toward next year’s FY 2015 budget.

The AAATA fiscal year runs from Oct. 1 through Sept 30. It’s not uncommon for public bodies to make adjustments to the budget toward the end of the fiscal year. Board action came at its July 24, 2014 meeting.

The AAATA’s amended budget reflects a number of changes related to the new millage and the service expansion that it will pay for. Among those changes are the hiring and training of 11 new bus drivers, bringing the total to 138 drivers. An operations supervisor, two new vehicle mechanics, an additional service crew member, and a human resources administrative assistant will also be added. [.pdf of detail on FY 2014 budget amendment]

The fares collected under the AAATA’s agreement with the University of Michigan are under budget, because the proportion of the $1-per-ride fare booked as cash has decreased. A federal grant – which is recorded as federal operating assistance – has increased.

In the report to the board treasurer, AAATA controller Phil Webb reported an $81,254 surplus. But the report also noted an unrestricted net asset reserve amount of 2.64 months. The board’s reserve policy is to maintain at least the equivalent of a 3-month operating reserve.

This brief was filed from the downtown location of the Ann Arbor District Library at 343 S. Fifth Ave., where the AAATA board holds its meetings.

The mission statement of the Ann Arbor Area Transportation Authority has been updated to reflect the new name of the organization and a few other tweaks. The modified mission statement, adopted by the AAATA board at its July 24, 2014 meeting, reads as follows [added words in bold, deleted words in strike-through]

It is the Mission of the Ann Arbor Area Transportation Authority to provide accessible useful, reliable, safe, environmentally responsible, and cost-effective public transportation options for the benefit of the Greater Ann Arbor Area Community.

The mission statement had been last affirmed over five years ago at the AAATA’s Feb. 18, 2009 board meeting.

The changes had been discussed at the board’s June 10 retreat. The word “useful” was critiqued by some board members as too modest an attribute and argued for “valuable” instead. Ultimately, the consensus was that this positive, goal-oriented attribute could be incorporated through adding the word “benefit.”

Inserting the word “accessible” was championed by board member Jack Bernard. He works in the office of the University of Michigan’s general counsel and serves on the university’s council for disability concerns.

The insertion of the word “area” in the mission statement reflects the geographic expansion of the AAATA’s jurisdiction in 2013 to include the city of Ypsilanti and Ypsilanti Township – as well as the formal change of the authority’s name to include “area.” [.pdf of memo on AAATA mission statement]

This brief was filed from the downtown location of the Ann Arbor District Library at 343 S. Fifth Ave., where the AAATA board holds its meetings.

A plan to acquire new buses needed by the Ann Arbor Area Transportation Authority to implement expanded services has been approved by the AAATA board. The services will be funded by the new millage that voters approved earlier this year on May 6, 2014. The expanded services are scheduled to begin on Aug 24.

The AAATA board approved the modification to its capital and categorical grant program to add, over the next three years, a total of 20 new buses to its existing fleet of 80 buses. Total cost for the vehicles is $9 million. Action was taken at the board’s July 24, 2014 meeting.

The initial service expansion will not require many additional buses – as expanded services focus on extended hours of operation. But over the five-year service expansion, new route configurations and higher frequency services will require the additional vehicles. By year, here’s how the bus acquisition breaks down:

• 2014: 2 buses for service expansion. Federal grant and state matching funds ($1,016,250). [Tentative: clean diesel.]
• 2015: 11 buses for service expansion. Local funds from new millage ($4,903,300). [Tentative: clean diesel.]
• 2016: 7 buses for service expansion. Local funds from new millage ($3,187,100). [Tentative: clean diesel.]

A tentative decision appears to have been made to specify the drive train on the new buses as conventional clean diesel, as opposed to the hybrid electric technology used by 52 of the current 80-bus fleet. However, no final decision has been made on the technology choice. The incremental cost per bus for the hybrid technology is nearly $200,000.

Minutes from the board’s July 8, 2014 planning and development committee show that AAATA maintenance manager Terry Black has indicated a final decision on the type of power unit for the buses needs to be made by November or December of 2014 – and certainly no later than February of 2015. The battery packs for many of the existing hybrid buses are reaching the end of their projected life, and the AAATA is also weighing the hybrid-versus-conventional diesel decision for replacement of those buses.

Among the issues to be weighed for the hybrid-versus-conventional diesel decision are fuel savings and noise reduction associated with hybrids. At the AAATA’s June 10 meeting, Black reported that for the newer clean diesel models, there is not a significant difference in the fuel economy. Some of the AAATA’s existing hybrid buses have had some transmission problems, which have resulted in a cost of $50,000 per bus. Even though that cost has been covered under warranty, the manufacturer is looking toward reducing the warranty coverage.

The board’s planning and development committee is supposed to receive a report on the hybrid-versus-diesel issue at its August meeting.

This brief was filed from the downtown location of the Ann Arbor District Library at 343 S. Fifth Ave., where the AAATA board holds its meetings.

At its July 24 meeting, the Ann Arbor taxicab board is scheduled to consider a draft ordinance that would deregulate rates in the taxicab industry, as well as a draft ordinance that would require all livery drivers for hire – including those who work for Uber and Lyft – to register with the city.

These issues have been discussed at the three previous monthly meetings of the taxicab board, on April 23, 2014, May 22, 2014 and June 26, 2014. The July 24 meeting has a scheduled start of 8:30 a.m. from the sixth floor conference room of city hall. After the live broadcast, the Mixlr player below will be replaced with a link to the recorded .mp3 audio file.

[.mp3 of July 24, 2014 taxicab board meeting]

The city of Ann Arbor has responded to a show cause order from federal judge Lawrence Zatkoff by giving arguments that the city should not be found in contempt of court – for sending out nearly 400 absentee ballots that omitted the name of one of the candidates in the Ward 3 Democratic primary. [July 23, 2014 city of Ann Arbor response to Show Cause Order]

Last week the court had essentially ordered the city to present an explanation for the fact that the city clerk sent out 392 absentee ballots for the Aug. 5, 2014 primary election that did not contain Bob Dascola’s name – after the court had earlier ruled that the city’s eligibility requirements could not be enforced against Dascola. [July 16, 2014 Show Cause Order]

The prior court ruling on May 20, 2014 had held that the city charter’s eligibility requirements are not enforceable. The Ann Arbor city council is addressing this issue by placing new eligibility requirements on the ballot for voters to decide in the general elections to be held on Nov. 4.

The effect of that May 20 ruling was that the city was supposed to place Bob Dascola‘s name on the Ward 3 city council ballot for the Aug. 5, 2014 Democratic primary. Printed correctly on the ballots were the names of the other two candidates: Julie Grand and Samuel McMullen.

However, a series of events led to the omission of Dascola’s name from the printed ballots, after it had been included on the original proofs that had been reviewed. The mistake was missed by more than one person. The judge identified the city clerk as ultimately responsible for the mistake, as the last person to handle the misprinted paper ballots as they were inserted into the envelopes and sent to absentee voters.

The May 20, 2014, order from Zatkoff, which ruled Ann Arbor’s charter requirements unenforceable, stated in part: “Defendants must accept and process any nominating petitions submitted by Plaintiff and determine his eligibility.” Implicit in the city of Ann Arbor’s response to the show cause order on contempt is an argument that the court’s order in the original lawsuit dealt specifically with processing Dascola’s filing materials correctly, but not necessarily with the intended effect of processing those materials correctly – to place Dascola’s name on the ballot.

So the city’s argument appears to be based in part on the idea that inspection of the absentee ballots prior to delivery was not strictly speaking a part of the court’s original order. From the city’s response:

The Court has also requested that the Defendants state why they should not be held in contempt of Court “for failing to inspect the Third Ward absentee primary ballots prior to delivery,” in addition to failing to adhere to the Court’s Order. The Court’s Show Cause Order specifically recognizes that such a failure would be separate and distinct from a failure to adhere to the Court’s May 20, 2014 Order.

The city’s response allows that judge Zatkoff nevertheless wants an explanation for the failure to inspect the ballots before sending them out in the mail. The city’s response ticks through several reasons that inspection was not undertaken:

[City clerk Jackie Beaudry] relied on the fact that she had carefully reviewed the ballot proof before she approved it. She relied on the fact that the Washtenaw County Clerk’s Office had the proof ballots and that she would receive printed ballots that had been conformed to the proofed ballots after being reviewed and approved by the Washtenaw County Election Commission. She relied upon the fact that in 9 years as City Clerk she had never received a printed ballot that had been approved by the County Election Commission that later turned out to have a omitted a candidate. She had received 66,000 printed ballots for the election and was trying to get them mailed out as efficiently as possible. Over 1,800 absentee ballots had already been requested. This failure to inspect the ballots prior to mailing was not an action against the Court, the Plaintiff, the other candidates, or the public. It was done because of the sincere belief by the City Clerk and the staff that the ballot they mailed had been previously reviewed and approved.

In a ruling on July 22, 2014, Zatkoff ruled that any votes in the Ward 3 race that are cast on misprinted ballots should not be counted.

In a ruling from federal judge Lawrence Zatkoff, the city of Ann Arbor has been ordered not to count votes in the Ward 3 city council primary race that were cast on misprinted absentee ballots – which omitted the name of one of the candidates. The order was issued on July 22, 2014. [.pdf of July 22, 2014 order]

The ruling makes clear that votes in races other than the Ward 3 city council race can be counted from the misprinted ballots. In-person voting takes place on Aug. 5, 2014.

That ruling came in response to a motion filed by Ward 3 candidate Bob Dascola’s attorney, Tom Wieder, on  July 7, 2014, asking that the city be enjoined from counting votes in the Ward 3 race that were cast on incorrectly printed ballots.

The question of counting votes arose because the ballots for the race were initially printed incorrectly, omitting the name of one of the candidates. Printed correctly on the ballots were Julie Grand and Samuel McMullen. However, Bob Dascola – who had filed a successful lawsuit against the city in order to be a candidate – was mistakenly left off the ballots.

About 400 of those incorrect ballots were sent to absentee voters. The city has taken steps to attempt to rectify the situation, sending replacement ballots with instructions to those voters who received incorrect ballots. For background on the series of events that led to the incorrect printing of ballots, see “Dascola Mistakenly Left Off Ward 3 Ballot.”

The number of potentially disputed ballots currently stands at less than a dozen.

Wieder’s July 7 motion was filed as a request for post-judgment relief in the federal case that was litigated to put Dascola’s name on the ballot in the first place. In that ruling, the court decided that the city charter eligibility requirements are not enforceable. Related to that, the city council voted at its July 21, 2014 meeting to place legally enforceable charter requirements in front of voters for the Nov. 4 general election.

The July 22 ruling from the court came in favor of Dascola, even though the Michigan Secretary of State had, on July 11, 2014, filed a successful motion to be allowed as an intervening party – and had argued for counting Ward 3 votes on the misprinted ballots.

The July 22 order includes a requirement that the city, Dascola and the Secretary of State all file with the court by noon on July 25 a description of the procedures that will be used to count votes in the Ward 3 race. One of the specific questions they must answer in their filings is: “What process will the Ann Arbor Defendants and the Secretary of State use to guarantee only those absentee votes cast for Third Ward Councilmember on accurate ballots are counted?”

In its July 22 order, the court also awarded as-yet-unspecified attorney fees to Dascola. As part of the lawsuit that put Dascola on the ballot, the city was already paying Wieder $30,731 in attorney’s fees and costs.

In addition to the description of the procedures it will use to ensure compliance with the court’s order on ballot counting, the city also must respond by July 23 to a show cause order from the court, explaining why the events that led to the omission of Dascola’s name do not amount to contempt of court.