Civic News Ticker

Housing Needs Study OK’d by DDA

Out of a $150,000 cost for a housing needs assessment in Washtenaw County, the Ann Arbor Downtown Development Authority will be paying $37,500. Action by the DDA board approving the grant came at its June 4, 2014 meeting.

The firm selected by the county’s office of community and economic development (OCED) to do the needs assessment is czb LLC out of Virginia. [.pdf of RFP for the needs assessment] The current needs assessment will update a report done in 2007. According to a memo from OCED staff to the DDA, the final report will “provide a clear, easy to understand assessment of the local housing market, identify current and future housing needs, and provide specific and implementable policy recommendations to advance affordable housing. The goal for this update is to include an analysis that links transportation cost and accessibility, as well as other environmental and quality of life issues to the location of affordable housing.”

The RFP for the needs study describes the timeline for the work as including a draft for review due at the end of October 2014, with a final presentation due in mid-December.

In addition to the DDA grant, money to cover the complete cost of the study will also come from a HUD Sustainable Communities Grant ($75,000) and a possible contribution from the city of Ann Arbor’s housing and human services advisory board (HHSAB).

In 2005, the DDA board voted to approve $15,000 for the housing needs assessment that the county undertook around that time.

This brief was filed from the DDA offices at 150 S. Fifth Ave., Suite 301. A more detailed report will follow: [link]

 

Kelly Takes Out Petitions for Ann Arbor Mayor

Ann Arbor city clerk staff have confirmed that Bryan Kelly has taken out petitions to run for mayor of Ann Arbor as an independent candidate. Kelly took the petitions out on June 3, 2014. To appear on the Nov. 4, 2014 general election ballot, he’ll have until July 17 to collect at least 50 valid signatures from each of the city’s five wards.

Kelly is the only potential candidate so far who could oppose the winner of the August Democratic primary, which features four sitting city councilmembers: Sabra Briere, Sally Petersen, Christopher Taylor and Stephen Kunselman.

Kelly had previously taken out petitions to run for Ward 1 city council, but had been told by the city clerk that he did not meet the city charter residency requirements. Those requirements were recently struck down in a federal court ruling.

However, it was not that ruling that made it possible for Kelly to run for mayor. According to city clerk Jackie Beaudry, the issue with Kelly’s eligibility to serve as a councilmember related to his residency in Ward 1 for under a year before the election. He’d moved within the city into Ward 1 under a year before the election. But he would have qualified to run for mayor no matter the outcome of the federal court case.

Kelly is employed at Great Lakes Cycling & Fitness.

Owdziej to Fill Wheeler’s Seat on Court

The vacancy in the Washtenaw County probate court left by Nancy Wheeler’s retirement is being filled prior to the November election through a gubernatorial appointment of one of the candidates. Gov. Rick Snyder announced on June 2, 2014 that he’d be appointing Julia B. Owdziej to fill the spot.

Owdziej is one of five candidates in a primary race that also includes, Tracy Van den Bergh, Constance L. Jones, Tamara Garwood, Jane A. Bassett.

Wheeler had been scheduled to retire at the end of the year, but the court announced on May 1 that she would be retiring early due to health concerns.

Owdziej will need to prevail as one of the top two vote-getters in the primary, then prevail in November in order to remain on the bench. The winner of the election in November will become probate judge with a six-year term.

Planning Group Postpones Jesuit Request

A controversial request to allow up to six Jesuits to live together at 1919 Wayne St. did not secure sufficient votes for approval from Ann Arbor planning commissioners at their June 3, 2014 meeting, following about an hour of public commentary and two hours of deliberations.

However, at the end of the meeting – near midnight – commissioners voted to reconsider the item, and then subsequently voted to postpone action until their next meeting on June 17.

The request – by the Ann Arbor Jesuit Community, formally known as the USA Midwest Province of the Society of Jesus – is for a special exception use to allow a “functional family” to live in a house zoned R1C (single-family dwelling). Without the special exception use, up to four unrelated people could live there.

The code that allows this special exception use was adopted in 1991, but this is the first time any group has requested it. The members are affiliated with the St. Mary Student Parish.

Approval required six votes, but the request initially garnered support from only five of the seven commissioners who were present. Voting against it were Diane Giannola and Kirk Westphal. Two commissioners – Sabra Briere and Paras Parekh – were absent. An attempt earlier in the meeting to postpone the vote had failed, with a majority of commissioners wanting to take action that night, assuming it would pass. The final vote to postpone – taken after all other agenda items were dispatched – was 6-1, over dissent from Giannola.

The six unrelated members of the household are considered a “functional family” for purposes of the city’s zoning code, defined as follows: “a group of people plus their offspring, having a relationship which is functionally equivalent to a family. The relationship must be of a permanent and distinct character with a demonstrable and recognizable bond characteristic of a cohesive unit.” The residents would be members of the religious order at St. Mary’s Student Parish, or pursuing degrees at the University of Michigan or other local institutions.

The group’s application describes how the Jesuits live as a “functional family.” The statement reads, in part:

As a functional family, we refer to one another, when speaking of each other collectively, as “brothers.” Our unity is based upon our religious commitment to live together as a religious family. As brothers related to one another by our common vows and commitment to service in the Church, we are, like a family, one another’s primary support system.

The basis of our living as a household is not temporary or dependent on the University school year or any such seasonal arrangement or pattern, as a fraternity or sorority would typically be. Jesuits living in structured households under a superior has been an integral part of the religious order for centuries, and the Jesuits who will live at 1919 Wayne will be participating in that centuries old tradition.

Wayne Street is located on the city’s near east side, between Washtenaw Avenue and Vinewood Boulevard, in Ward 2.

No exterior changes are planned to the structure of the house, which has about 4,000 square feet with seven bedrooms and two bathrooms. The Jesuits indicated that they’d like to reconfigure the interior to use one of the bedrooms as a guest room and to add two bathrooms.

The special exception use would be contingent on providing off-street parking spaces for each vehicle used by the residents. [.pdf of staff memo]

During the project’s public hearing, 21 people spoke – the majority of them opposed to the request, including representatives from the Oxbridge Neighborhood Association and the North Burns Park Association. Concerns included the possibility of lower property values, the chance of opening the door to student housing or cults, instability of the household because members aren’t related, and “gender housing discrimination.”

Some people directed criticism against the power, privilege and abuse of the Catholic church. Other praised the Jesuits, saying their concerns were strictly related to the zoning code, which they didn’t feel permitted this type of living arrangement in the R1C district. They suggested that the Jesuits could live in other districts – like R4C – that would allow for up to six unrelated people to live together without getting a special exception use.

Three Jesuits who plan to live there – including Ben Hawley, pastor and director of campus ministry for the St. Mary Student Parish – attended the meeting. Rev. Daniel Reim, who serves as the head of household, apologized for the controversy that this request has caused. The group currently lives in a smaller house on Ferdon, which they said they’ve outgrown. Some supporters of the request noted how the men are good neighbors on Ferdon. The former owner of that house noted that nearby properties he’s built or renovated had sold for over $1 million, saying that the argument about hurting property values was “silly.”

Giannola voted against the request, saying she didn’t think the Jesuits fit the description of a “functional family.” Westphal said he wanted to get more information from the city attorney’s office about the risk of setting a precedent, and whether there could be conditions on the special exception use that would address concerns about the turnover of residents. Planning staff reported that the city attorney’s office had already vetted the item, but they will now make additional queries based on commissioners’ feedback.

There’s some question about whether a delay will affect the sales contract that the Jesuits have with the current owner, who also attended the meeting. Planning manager Wendy Rampson said she’d contact them on Wednesday morning to communicate the commission’s action.

The public hearing will be re-opened on June 17, to allow for additional public input.

One additional wrinkle at that meeting will be the composition of the commission. Two commissioners who supported the request – Jeremy Peters and Eleanore Adenekan – will be absent, and another supporter, Ken Clein, indicated that he might also be unable to attend. So it’s possible that there will only be six commissioners at that meeting – which means all commissioners would need to vote yes in order for it to pass.

The planning commission has discretion to grant a special exception use, which does not require additional city council approval.

One of the Ward 2 city councilmembers, Jane Lumm, attended the planning commission meeting, but did not formally address the commission. Westphal – the planning commission’s chair – is running for city council in the Ward 2 Democratic primary against Nancy Kaplan.

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

Dusty’s Collision Project Goes to Council

A site plan for Dusty’s Collision at 2310 South Industrial Highway, south of Jewett, was recommended for approval at the Ann Arbor planning commission’s June 3, 2014 meeting.

Dusty's Collision, Ann Arbor planning commission, The Ann Arbor Chronicle

Aerial view of Dusty’s Collision site.

The proposal calls for building a 30,537-square-foot, one-story auto collision repair facility on a parcel that’s currently vacant. A previous building at that location was torn down in 2013. The new building would include 5,285 square feet for office use, a waiting area of 5,227 square feet, and 20,025 square feet for the repair area and garage. The project is estimated to cost $2 million.

The site will include 106 spaces of exterior parking, including 24 spaces that will be deferred until needed, according to the staff memo. One bicycle hoop – for 2 bike parking spaces – will be located near the front of the building.

The recommendation is contingent on the owner – Whitney’s Collision West of Ann Arbor – providing one footing drain disconnect before the city issues a certificate of occupancy. [.pdf of staff memo]

The project will be forwarded to city council for consideration.

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

Rudolf Steiner School Expansion Progresses

An expansion of the Rudolf Steiner High School took a step forward with Ann Arbor planning commissioners recommending approval of a site plan at their June 3, 2014 meeting. The private school is located at 2230 Pontiac Trail, north of Brookside.

The project – estimated to cost $2.5 million – involves building a one-story, 19,780-square-foot addition to the existing classroom building. The building will include a 9,990-square-foot gym, with the remaining 9,790 square feet used for classrooms and storage.

According to the staff memo, an existing Quonset hut on the east side of the site will be removed, as will a 48-inch white oak tree immediately east of the proposed addition. The school will be required to plant 12 trees for mitigation. In addition, 17 new trees will be planted as part of the project.

Parking will be increased by 31 spaces to accommodate special events and discourage parking in nearby neighborhoods, according to the staff memo. A total of 32 bicycle parking spaces will be provided near the north entry to the new addition. No additional enrollment beyond the previously approved 120 students is proposed. The school has operated at that location since 2002.

Rudolf Steiner High School, Ann Arbor planning commission, The Ann Arbor Chronicle

Site plan for Rudolf Steiner High School expansion. The yellow section is the existing building. The white section indicates the proposed addition.

The site plan recommendation will be forwarded to the city council.

In a separate vote, commissioners approved a special exception use for the project. That’s required under Chapter 55 of the city’s zoning code because the site is zoned R1D (single family dwelling). Private schools are allowed within that zoning district, if granted a special exception use. The planning commission has discretion to grant a special exception use, which does not require additional city council approval.

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

Research Park Rezoning Moves Ahead

Rezoning of six sites along Research Park Drive was recommended for approval by Ann Arbor planning commissioners at their June 3, 2014 meeting. An area plan for development of the parcels was also recommended for approval, as were amendments to Chapter 55 of the city’s zoning code to allow outdoor recreation as a special exception use in the office/research/limited industrial (ORL) zoning district.

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.

Research Park Drive, Ann Arbor planning commission, The Ann Arbor Chronicle

Aerial view showing Research Park Drive parcels.

Research Park Drive, Ann Arbor planning commission, The Ann Arbor Chronicle

Area plan for four sites in a proposed development on Research Park Drive. The image is oriented with east at the top.

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

Latest Public Housing Project Postponed

Another public housing property is being overhauled, but action on rezoning and a site plan was postponed at the Ann Arbor planning commission’s June 3, 2014 meeting.

Planning commissioners were asked to recommend approval of rezoning a 4.8-acre site at 701 N. Maple Road from R1C (single-family dwelling district) to R4B (multi-family dwelling district). Commissioners were also asked to recommend a site plan and development agreement for the project – part of a major renovation effort by the Ann Arbor housing commission.

The plan calls for demolishing 20 existing single-family homes – the public housing complex known as North Maple Estates – and constructing an eight-building, 42-unit apartment complex with a total of 138 bedrooms. The project would include a playground, community building and 73 parking spaces. According to a staff memo, the buildings would be located along a T-shaped driveway that connects to North Maple Road and Dexter Avenue. The drive extends northward toward Vine Court but does not connect with that street. There will be a new connection to Dexter Avenue through the remaining, undeveloped length of Seybold Drive. [.pdf of staff memo]

Ann Arbor housing commission, Ann Arbor planning commission, The Ann Arbor Chronicle

Rendering of proposed Ann Arbor housing commission project at 701 N. Maple.

Ann Arbor housing commission, Ann Arbor planning commission, The Ann Arbor Chronicle

Proposed layout of the Ann Arbor housing commission’s development on North Maple.

The project also requires the city to vacate a portion of the right-of-way for Seybold Drive. The surrounding land is owned by the housing commission, so if the right-of-way vacation is approved, the land would become part of the housing commission property.

A resolution recommending action on the Seybold Drive issue was also postponed by commissioners on June 3. Postponement on that specific action was needed so that the request to vacate a portion of Seybold Drive’s right-of-way can be given proper public notice, according to planning staff. In general, the postponement on the North Maple Estates reconstruction was needed to allow time to address several outstanding issues related to the project, and to draft a development agreement.

During the project’s public hearing, four neighbors voiced a variety of concerns about the proposal, including traffic related to the new curbcut on Dexter Avenue, increased density, and security. One resident contended that current residents of North Maple Estates hadn’t been informed about this meeting, and he wanted to know what legal measures could be taken to oppose this project.

In addition, three representatives of the housing commission and project team – including AAHC executive director Jennifer Hall – spoke during the hearing, and were on hand to answer questions. Hall also offered to meet with neighbors.

Before the vote to postpone, discussion lasted about 35 minutes. Most of the commissioners’ questions related to issues that were raised during the public hearing.

At the start of the meeting, planning commissioner Wendy Woods announced that her husband, Ronald Woods, served on the housing commission board. She said she personally did not benefit from the project, but would be willing to recuse herself if any planning commissioners objected. No one did.

The reconstruction of North Maple Estates is part of an ongoing effort by the housing commission to upgrade the city’s housing stock for low-income residents. At the planning commission’s May 6, 2014 meeting, Hall had made a presentation about the major initiative, which includes seeking private investors through low-income housing tax credits.

At that May 6 meeting, planning commissioners recommended rezoning for three AAHC properties: (1) Baker Commons, at the southeast corner of Main and Packard, from public land to D2 (downtown interface); (2) Green/Baxter Court Apartments, at the northwest corner of Green and Baxter roads, from public land to R4A (multi-family dwelling district); and (3) Maple Meadows at 800-890 S. Maple, from R1C (single-family dwelling district) to R4B (multi-family dwelling district). The rezoning for those sites was subsequently given initial approval by city council at its meeting on June 2, with a final vote expected later this month.

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

FDD Contract Extended for CDM Smith

A contract extension with CDM Smith Inc. for continued work as part of Ann Arbor’s footing drain disconnection (FDD) program has been approved by the city council. The vote at the council’s June 2, 2014 meeting was 6-2, over dissent from Jack Eaton (Ward 4) and Sumi Kailasapathy (Ward 1). Mike Anglin (Ward 5) was absent.

It had previously been postponed at the council’s May 5, 2014 meeting, to be taken up again on June 2. During the postponement, the dollar amount of the contract extension had been reduced from $748,106 to $143,440. That reflects a reduction in the scope of the work. The original May 5 resolution called for the following activities to be funded: citizen support ($36,928); FDD citizens advisory committee meetings ($24,180); information management for sump pump monitors ($93,707); developer offset mitigation (DOM) program support; ($95,213); and multi-family FDD implementation ($498,005).

No longer a part of the scope of work in the approved June 2 resolution were the FDD citizens advisory committee meetings, information management, or the multi-family FDD implementation. The revised memo describes how the funding would only provide a bridge until recommendations from a study group have been received, which will determine the future of the FDD program:

This amendment would provide the services needed to bridge the gap until the SSWWE [Sanitary Sewer Wet Weather Evaluation] Project recommendations have been made. Presently, the anticipated timeline for completion of the SSWWE Project is in the autumn of 2014. That does not allow sufficient time to issue a new RFP, collect and review proposals, award a contract, and bring a new consultant up to speed to manage the remaining FDD and DOM work outlined above. Existing City staff does not currently have the available resources or expertise to perform the inspections required for the DOM program.

Details on the council’s June 2 deliberations are provided in The Chronicle’s live updates filed during the meeting.

By way of additional background, in 2012 the city’s program to disconnect footing drains from the sanitary sewer system was suspended by the council in some areas of the city. Specifically, it was suspended in the Glen Leven and Morehead (Lansdowne neighborhood) areas. The program was allowed to continue in other geographic areas and as part of the city’s developer offset mitigation (DOM) program. The DOM requires owners of new developments to complete a certain number of FDDs to offset the additional flow in the sanitary system caused by new construction.

The CDM contract drew scrutiny at the May 5 meeting because the city is currently undertaking a sanitary sewer wet weather evaluation (SSWWE) study. It’s supposed to yield a recommendation about whether to continue with the FDD program, and if so, in what form. In addition, the city’s ordinance – which requires property owners to undertake FDDs – was challenged in a lawsuit filed earlier this year. That case is pending as the city first removed the case from state to federal court. But the result of a May 28 hearing before a federal judge will be to return the case to the Washtenaw County 22nd circuit court.

The previous three iterations of the CDM contract totaled  about $3.6 million. The money for these contracts is drawn from the city’s sewer fund.

The proposed contract extension drew criticism during public commentary on May 5 from Frank Burdick, a Ward 4 resident who urged the council to reject it. Burdick spoke again during public commentary on June 2, and again advocated for rejecting the contract.

Since the FDD program’s start in 2001, about 1,834 footing drains have been disconnected through the city program and 848 footing drains have been disconnected through the developer offset mitigation program.

Animation of contrast between the pre-FDD configuration and the post-FDD configuration. (Original illustration from screenshot of Youtube video by Milwaukee Metropolitan Sewerage District, modified by The Chronicle.)

Animation of contrast between the pre-FDD configuration and the post-FDD configuration. (Original illustration from screenshots of YouTube video by Milwaukee Metropolitan Sewerage District, modified by The Chronicle.)

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

State Street To Be Studied as Transportation Corridor

Parsons Brinckerhoff Michigan Inc. will conduct a study of the South State Street transportation corridor in Ann Arbor as a result of city council action to approve a $299,911 contract at its June 2, 2014 meeting.

The 1.3-mile long area of the study extends from the intersection of Ellsworth Road and South State Street north to the intersection of Oakbrook Drive and South State Street. The money to pay for the study will be drawn in equal parts from the current fiscal year and next year’s general capital fund budget. The study will take a year, starting in June 2014.

The goal of the study is focused on transportation needs in the corridor and to provide base conceptual engineering plans for the redesign of the corridor – possibly including a boulevard “Complete Street” design. The redesign would be intended to “address all modes of travel; enhance vehicle flow; improve safety; create an aesthetically pleasing entrance to the City; and, utilize sustainable concepts such as low impact design (‘LID’), and low energy use lighting.”

The study of the area as a transportation corridor comes not long after a recently completed South State Street corridor plan, adopted by the city council into the city’s master plan at its July 15, 2014 meeting. That corridor plan established planning objectives for the land use along the corridor.

Besides Parsons Brinckerhoff, the other bidder for the work was DLZ.

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

Next Step for Stone School Sidewalk Assessment

Direction to set a roll for a special assessment of property owners on Stone School Road for construction of a sidewalk has been given approval by the Ann Arbor city council.

As part of a road reconstruction project for Stone School Road, the city is planning to install a sidewalk on the west side of the road. And to fund the sidewalk construction, part of the cost will come from a special assessment of property owners. The extent of the project on Stone School Road runs from I-94 to Ellsworth Road. Construction is planned during the 2014 and 2015 construction seasons.

Action came at the council’s June 2, 2014 meeting.

The project is being funded in part through a federal surface transportation grant, which can pay about 80% of construction costs, but not engineering, testing or inspection costs. The total project cost is roughly $128,500, of which about $55,000 will be special assessed.

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

Delta Gamma Project Gets Final Approval

Final approval of a rezoning request for 515 Oxford – to convert a house for use as an annex to the Delta Gamma sorority – has been given by the Ann Arbor city council. The main sorority house is located nearby at 626 Oxford. Action came at the council’s June 2, 2014 meeting. At the same meeting, the council approved the site plan for the same project. The site plan had been recommended for approval by planning commissioners on April 15, 2014.

Delta Gamma, Ann Arbor planning commission, The Ann Arbor Chronicle

Aerial view showing the location of 515 Oxford, south of Geddes and at the eastern end of South University.

The rezoning, recommended by the planning commission on Jan. 23, 2014, changed the zoning from R4A (multi-family dwelling) to R2B (two-family dwelling and student housing). Most of the surrounding parcels are zoned R2B, although the site immediately to the north is also zoned R4A. Also nearby is public land (PL) where the University of Michigan’s Oxford Houses complex is located.

The two-story house at 515 Oxford includes two one-story wings. It is currently a rental property with three units – a studio apartment, one-bedroom apartment, and four-bedroom apartment – and a maximum occupancy of 8 people. One of the units is in a former garage.

The renovation will accommodate a maximum of 20 residents, including a required resident manager.

The building is notable because it was originally designed in 1940 by architect George Brigham, who used it as his home and architectural studio. He designed over 40 houses in Ann Arbor, including many in Arbor Hills and Barton Hills between 1936 and 1958.

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

Ruth’s Chris Site Plan OK’d

The site plan for a new Ruth’s Chris Steak House on Fourth Avenue in downtown Ann Arbor has received approval from the city council. Action came at the council’s June 2, 2014 meeting. The city’s planning commission recommended approval at its April 1, 2014 meeting.

 Ruth's Chris Steak House, Ann Arbor planning commission, The Ann Arbor Chronicle

Proposed facade of Ruth’s Chris Steak House at 314 S. Fourth Ave.

The site plan calls for renovating the single-story building at 314 S. Fourth Ave. and putting up a 1,943-square-foot second-floor mezzanine addition over the front part of the existing building. The current structure is 8,024 square feet, and most recently housed the Dream Nite Club, which closed in 2012. The project is estimated to cost $2.2 million. [.pdf of staff report on Ruth's Chris site plan]

There was no discussion on this item at the council meeting. Part of the planning commission’s discussion focused on whether there might be outdoor dining in front of the restaurant. The project’s architect indicated that at this point, outdoor seating wouldn’t be appropriate, in part because of bus traffic. The building is located near the Blake Transit Center, a hub for public transportation. The architect also indicated that the restaurant will be using valet parking, with valets positioned in front of the building.

This will be the first Ruth’s Chris Steak House in Ann Arbor. The chain is based in Florida, with locations nationwide.

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

Council OKs FY 2014 Budget Adjustment

In a routine procedure, the Ann Arbor city council has amended the current fiscal year’s budget – FY 2014, which ends June 30, 2014 – to ensure that expenditures do not exceed appropriated amounts. The amendment ensures compliance with Public Act 621 of 1978.

The total general fund budget amendment was $60,000. For all other funds, the amendment approved by the council at its June 2 meeting totals $310,000.

The non-general fund amount will cover right-of-way maintenance and purchase of materials that were necessary to deal with the severe winter weather.

The general fund amount was the city’s cost for the Ann Arbor Area Transportation Authority’s special election held on May 6. That amount will eventually be reimbursed by Washtenaw County – which in turn will receive reimbursement from the AAATA to cover the roughly $100,000 total cost of the election.

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

Tree Town OKs Urban Forestry Plan

The city’s first comprehensive plan for managing Ann Arbor’s urban forest has been given approval by the city council. Action came at the council’s June 2, 2014 meeting. The Ann Arbor park advisory commission had recommended adoption of the plan at its meeting on April 15, 2014. [.pdf of Urban & Community Forest Management Plan]

An urban forest is defined as all the trees, shrubs and woody vegetation growing along city streets, in public parks and on institutional and private property. In Ann Arbor, about 25% is on public property, with 75% on private property. Based on a U.S. Dept. of Agriculture Forest Service i-Tree Eco Analysis done in 2012, Ann Arbor’s urban forest has an estimated 1.45 million trees. It creates a 33% tree canopy – the layer of leaves, branches and stems of trees that cover the ground when viewed from above.

The city manages 43,240 street trees and about 6,900 park trees in mowed areas. A tree inventory conducted in 2009 didn’t include natural areas, she noted, so there are thousands of trees that aren’t counted. The urban forest includes over 200 species, representing 82 genera.

Map of selected tree variety by The Chronicle from city of Ann Arbor 2009 survey.

Map of selected tree variety by The Chronicle from city of Ann Arbor 2009 survey. Image links to dynamic map hosted on geocommons.com

PAC had been briefed on the 135-page Urban & Community Forest Management Plan at its Feb. 25, 2014 meeting by Kerry Gray, the city’s urban forest & natural resources planning coordinator. The management plan includes 17 recommendations, listed in priority based on community feedback for implementation. Each of the 17 recommendations includes action tasks and implementation ideas, case studies, and resources that are needed, including funding. The recommendations are:

  1. Implement proactive tree maintenance program.
  2. Strengthen tree planting and young tree maintenance programs.
  3. Monitor threats to the urban and community forest.
  4. Increase landmark/special tree protections.
  5. Secure adequate city‐funding for urban forestry core services.
  6. Develop street tree master plans.
  7. Pursue grant and philanthropic funding opportunities.
  8. Strengthen forestry related ordinances.
  9. Update tree inventory and canopy analysis.
  10. Develop urban forest best management practices.
  11. Increase urban forestry volunteerism.
  12. Strengthen relationships with outside entities who impact trees.
  13. Implement community outreach program.
  14. Obtain the best use of wood from removed trees.
  15. Create city staff working groups to coordinate projects that impact trees.
  16. Engage the city’s Environmental Commission in urban and community forestry issues.
  17. Review the urban forest management plan periodically and update as needed.

The city council has adopted a budget for FY 2015, which starts July 1, 2014 that includes a one-time expenditure of $1 million to address the backlog in maintenance of trees in the public right of way.

Included in the focus of the effort to remove the back log are trees classified as Priority 1 removals (red dots), Priority 2 removals (yellow dots), Priority 3 removals (blue dots) for large trees and Priority 1 prunings (green dots) [Map by The Chronicle with data from the city of Ann Arbor.]:

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

Farmers Market Food Stamp Grant OK’d

An agreement with the Fair Food Network to continue administering the Double Up Food Bucks program at the Ann Arbor farmer’s market has been given approval by the Ann Arbor city council. The council’s action, taken at its June 2, 214 meeting, included the acceptance of $32,000 in funding.

The Double Up name stems from the fact that it provides a match of up to $20/person/day for people using SNAP (Bridge cards/EBT/food stamps) to purchase Michigan-grown produce at farmers markets in Michigan.

The city of Ann Arbor has received Double Up Food Bucks grant funding since 2010.

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

Council Rejects City Hall Renovation

The Ann Arbor city council has passed a resolution that asks the city planning commission to remove a “reskinning” project for the city hall building from the capital improvements plan (CIP) for FY 2017 and FY 2018. The vote came at the council’s June 2, 2014 meeting, over dissent from Margie Teall (Ward 4).

The item had been postponed from the council’s May 19, 2014 meeting.

According to a staff memo written in response to a councilmember question, reskinning of the Larcom City Hall building would mean replacing the existing exterior walls and windows of the building. The result would be new squared-off exterior, eliminating the inverted pyramid design. The new exterior would hang vertically from the sixth floor.

The focus of the project is on improving energy efficiency. The memo describes existing windows as mostly single-pane glass on aluminum frames, which offer little insulation value. The project would also result in an incremental gain in square footage – because the lower floors would have the same footprint as the sixth floor, which is currently the largest floor of the building. According to the memo, materials used for the exterior would “blend better” with the recently constructed Justice Center, which adjoins city hall.

An amendment to the resolution made at the council meeting added a “resolved” clause that expressed support for an energy efficiency renovation at city hall. The consensus on the council was not to support cosmetic improvements.

Details on the council’s deliberations are provided in The Chronicle’s live updates filed during the meeting.

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

Library Lot Proceeds OK’d for Affordable Housing

A policy for distributing the proceeds from the sale of development rights on the Library Lane lot in downtown Ann Arbor has won approval from the Ann Arbor city council. The proposed policy, approved on a 7-3 vote, sets aside 50% of the net proceeds of the sale to the city’s affordable housing trust fund.

At least 50 people attended the council meeting in support of the resolution, and four people spoke in support of the resolution during public commentary reserved time at the start of the meeting.

The council has already directed the city administrator to hire a real estate broker to explore selling the rights to develop the site – above the Library Lane underground parking structure, which was completed in 2012. But there is not currently an offer from a buyer for the development rights. Estimates of the sale price have ranged from $6-10 million.

The item had been postponed at the council’s April 7, 2014 meeting.

Voting for the policy at the June 2, 2014 meeting were Christopher Taylor (Ward 3), Margie Teall (Ward 4), Chuck Warpehoski (Ward 5), mayor John Hieftje, Sumi Kailasapathy (Ward 1), Sabra Briere (Ward 1) and Sally Petersen (Ward 2). Mike Anglin (Ward 5) was absent. Stephen Kunselman (Ward 3), Jane Lumm (Ward 2) and Jack Eaton (Ward 4) voted against it.

Details on the council’s deliberations are provided in The Chronicle’s live updates filed during the meeting.

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

Council Gives Support to LDFA Extension

Ann Arbor city councilmembers have given their support to the local development finance authority’s application to the Michigan Economic Development Corp. to extend the life of the LDFA’s tax capture arrangement for up to 15 years. Without an extension, the LDFA would end in 2018.

Action came at the council’s June 2, 2014 meeting after about 20 minutes of deliberation that concluded just before 11 p.m. Carrie Leahy, chair of the LDFA board, and Ann Arbor SPARK CEO Paul Krutko were on hand to answer councilmember questions. The voice vote by the council passed over dissent from Sumi Kailasapathy (Ward 1).

Ann Arbor’s local development finance authority is funded through a tax increment finance (TIF) district, as a “certified technology park” described under Act 281 of 1986. The Michigan Economic Development Corp. (MEDC) solicited proposals for that designation back in 2000. The Ann Arbor/Ypsilanti “technology park” is one of 11 across the state of Michigan, which are branded by the MEDC as “SmartZones.”

The geography of the LDFA’s TIF district – in which taxes are captured from another taxing jurisdiction – is the union of the TIF districts for the Ann Arbor and the Ypsilanti downtown development authorities (DDAs). It’s worth noting that the Ypsilanti portion of the LDFA’s TIF district does not generate any actual tax capture.

The LDFA captures Ann Arbor Public Schools (AAPS) operating millage, but those captured taxes don’t diminish the school’s budget. That’s because in Michigan, local schools levy a millage, but the proceeds are not used directly by local districts. Rather, proceeds are first forwarded to the state of Michigan’s School Aid Fund, for redistribution among school districts statewide. That redistribution is based on a per-pupil formula as determined on a specified “count day.” And the state reimburses the School Aid Fund for the taxes captured by SmartZones throughout the state.

In FY 2013, the total amount captured by the LDFA was $1,546,577, and the current fiscal year forecast is for $2,017,835. About the same amount is forecast for FY 2015.

The extension of the LDFA is made possible by Public Act 290 of 2012, which amended the Local Development Financing Act to allow a SmartZone to capture school taxes for an additional five years or an additional 15 years. The staff memo accompanying the council resolution describes the five-year extension as possible “upon approval of the MEDC President and the State Treasurer, if the Ann Arbor/Ypsilanti SmartZone LDFA agrees to additional reporting requirements and the LDFA requests, and the city councils of Ann Arbor and Ypsilanti approve, the amendment of the LDFA tax increment financing (TIF) plan to include regional collaboration.” The current MEDC president is Michael Finney, former CEO of Ann Arbor SPARK.

A 15-year extension is possible, according to the memo, “if, in addition to the above requirements, Ann Arbor and Ypsilanti, as the municipalities that created the SmartZone, enter into an agreement with another LDFA [a "Satellite SmartZone"] that did not contain a certified technology park to designate a distinct geographic area, as allowed under Section 12b of the Act…”

The council’s resolution states that if the MEDC approves the extension, the city of Ann Arbor will work with the LDFA and the city of Ypsilanti to identify another LDFA – called the “Satellite SmartZone LDFA.” The arrangement will allow the Satellite SmartZone LDFA to capture local taxes in its own distinct geographic area for the maximum 15 years allowed by statute.

Responding to an emailed query from The Chronicle, Sally Petersen (Ward 2) – who sponsored the resolution on the agenda and serves as the council appointee to the LDFA board – wrote that possibilities for an LDFA satellite for Ann Arbor’s SmartZone include Adrian (Adrian College) or Brighton and Livingston County (with Cleary University).

Details on the council’s deliberations are provided in The Chronicle’s live updates filed during the meeting.

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

City Extends Contract for Community Centers

Ann Arbor’s Northside and Bryant community centers will be operated for another five years by the Community Action Network (CAN) as a result of city council action on June 2, 2014. The partnership between the city and CAN had been recommended for approval by the Ann Arbor park advisory commission at its May 20, 2014 meeting.

The agreement is for CAN to continue operating the city’s Bryant and Northside community centers, which the nonprofit has been managing since 2008. The proposed amount is not to exceed $130,000 annually – an increase of $25,000 from the current agreement. The higher amount is included in the FY 2015 general fund budget for parks and recreation that the city council approved on May 19. According to a staff memo, the higher amount will address increases in fixed costs and “assist in retaining quality staff that is at the core of the services that CAN provides.” [.pdf of staff memo]

The staff memo also noted that a request for proposals (RFP) was not issued for this work, because CAN has been the sole respondent to the previous two RFPs and the city is satisfied with its work.

During the May 20 PAC meeting, CAN received praise for its work from several commissioners and Colin Smith, the city’s parks and recreation manager. CAN executive director Joan Doughty and deputy director Derrick Miller were on hand to answer questions. Part of the discussion focused on CAN’s exemption from the city’s living wage requirement, which the city council granted in 2012 for a three-year period through Nov. 8, 2015. Doughty noted that the exemption was sought in part because CAN was paying a living wage to part-time employees who were high school or university students, which limited the nonprofit from paying higher wages to full-time workers. She also pointed out that the city parks and recreation unit isn’t required to pay the living wage to its seasonal workers.

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

Housing Commission Rezoning Gets Initial OK

Initial approval to the rezoning of three Ann Arbor Housing Commission properties has been given by the city council. The planning commission had recommended the rezonings at its May 6, 2014 meeting. City council action came at its June 2, 2014 meeting.

The current PL (public land) zoning for some of the properties is a vestige of the AAHC properties’ status as city-owned land. The city council approved the transfer of deeds to the AAHC at its June 2, 2013 meeting. The three sites given initial rezoning approval on June 2 are part of the housing commission’s major initiative to upgrade the city’s public housing units by seeking private investors through low-income housing tax credits.

Rezoning is in progress for the following public housing sites, two of which are currently zoned as public land:

  • Baker Commons: Rezone public land to D2 (downtown interface). The 0.94-acre lot is located at 106 Packard Street, at the intersection with South Main, in Ward 5. It includes a 64-unit apartment building.
  • Green/Baxter Court Apartments: Rezone public land to R4A (multi-family dwelling district). The 2-acre site is located at 1701-1747 Green Road and contains 23 apartments in four buildings and a community center. It’s in Ward 2.
  • Maple Meadows: Currently zoned R1C (single-family dwelling district), the recommendation is to rezone it as R4B (multi-family dwelling district). The site is 3.4 acres at 800-890 South Maple Road and contains 29 apartments in five buildings and a community center. It’s located in Ward 5.

At the planning commission’s May 6 meeting, AAHC director Jennifer Hall explained that PL zoning doesn’t allow housing to be built on it. As AAHC seeks private funding to rehab its properties, it needs to ensure if a building burns down, for example, it could be rebuilt. In general that’s why the rezoning is being requested. It’s also being requested to align the zoning with the current uses of the property. She stressed that the highest priority properties to be rezoned are Baker Commons, Green/Baxter and Maple Meadows, because investors have already been found to renovate those sites.

For these three sites, planning commissioners also voted to waive the area plan requirements for the AAHC rezoning petitions, because no new construction is proposed and surveys of the improvements have been provided.

For additional background on the AAHC process of renovating its properties, see Chronicle coverage: “Public Housing Conversion Takes Next Step.”

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

Drive-Thru Ordinance Gets Final Approval

Final approval of amendments to Ann Arbor’s zoning ordinance related to drive-thrus has been given by the city council. Among other things, the amendments add a definition of a “drive-thru facility” to Chapter 55 of the city code. Currently, the term used throughout the code is “drive-in,” which is not explicitly defined in the code. Action came at the council’s June 2, 2014 meeting.

The revisions define a drive-thru in this way: “Any building or structure, or portion thereof, that is constructed or operated for the purpose of providing goods or services to customers who remain in their vehicle during the course of the transaction.” The revisions also clarify that a drive-thru is an accessory use, not the principle use of the building. A project in which a drive-thru would be the principle use would not be allowed. Basic layout requirements would also be added to the ordinance.

In addition, the changes require drive-thrus to obtain special exception use permits, which would be allowed only in the O (office), C2B (business service) and C3 (fringe commercial) zoning districts. Drive-thrus would not be allowed in the C1, D1, D2, and other commercial districts.

Before the amendments drive-thrus were allowed in C3 districts without a special exception use, and allowed as special exception uses in the C2B district.

When considering whether to grant a special exception use – which does not require additional city council approval – the planning commission considers these issues:

1. Is the location, size and character of the proposed use compatible with the principal uses of the district and adjacent districts? Is it consistent with the Master Plan? Is it consistent with the surrounding area? Will it have any detrimental effects to the use or value of surrounding area, or the natural environment?

2. Is the location, size, character, layout, access and traffic generated by the use hazardous or inconvenient or conflicting with the normal traffic of the neighborhood? Is off-street parking safe for pedestrians? Do the necessary vehicular turning movements block normal traffic flow? Are any additional public services or facilities needed by the use, and will they be detrimental to the community?

3. Is the maximum density and minimum required open space at least equal to the standards normally required by the Zoning Ordinance for the district?

The planning commission recommended the changes at its April 1, 2014 meeting.

The amendments were first reviewed by the commission’s ordinance revisions committee in 2007, but didn’t move forward to the full commission for consideration. The ORC most recently reviewed these changes in March of 2014. [.pdf of staff memo and proposed amendments]

Details on the council’s deliberations are provided in The Chronicle’s live updates filed during the meeting.

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

Higher Ann Arbor Utility Rates OK’d

Higher utility rates – for water, sewer and stormwater – have received final approval by the Ann Arbor city council in action taken at its June 2, 2014 meeting.

Water rates will increase across all tiers of consumption. For the first 7 “units” of water, the charge is will increase from $1.35 to $1.40. For the next 21 units, the charge is proposed to increase from $2.85 to $2.96 per unit. And for the 17 units after that, the increase is proposed to be from $4.88 to $5.08. A unit is 100 cubic feet, which is 748 gallons.

Sewer rates will increase from $3.65 to $3.85 per unit. And stormwater fees would increase for all tiers of impervious service. For the middle tier – for more than 2,187 square feet but less than or equal to 4,175 square feet – on a quarterly basis, the increase would be from $24.85 to $26.32.

According to the staff memo accompanying this agenda item, the recommended rate changes in water, sewer, and stormwater would increase revenues to the water, sewer, and stormwater funds by $765,119, $1,171,931 and $410,235 respectively. The reason given for the rate increases is to cover maintenance and debt payments, and to maintain funding for capital improvement requirements. The city calculates the impact to be an additional $6.25 per quarter or $24.98 per year for an average consumer, which is a net increase of 4.2%.

Water consumption for a typical single family is assumed at 19 units per quarter.

History of city of Ann Arbor water rates. The city converted to a tiered system 10 years ago in 2004, based on usage. The 2015 amount is proposed.

History of city of Ann Arbor water rates. The city converted to a tiered system 10 years ago in 2004, based on usage. The 2015 amount is proposed.

Details on the council’s deliberations are provided in The Chronicle’s live updates filed during the meeting.

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

Performance Network Theatre Shuts Doors

The board of Performance Network Theatre, a professional theater company based in downtown Ann Arbor, has suspended operations after determining that the theater ”is not currently financially viable.” The theater issued a press release announcing the decision on May 22. [.pdf of press release]

According to the group’s website, the board of directors are: Ron Maurer, president; Tom Crawford, vice president; Steve Gerber, vice president; Tom Dezure, treasurer; Linda Levy, secretary; Ed Abbott; Mary Avrakotos; Norman Bash; Gene Dickerson; Joe Grimley; Hanna Goodstein; David Herzig; Steven Klein; Jessica Litman; Stephen Palms; Myra Poplin; Sheila Sasser; and Phil Stoffregen.

Seven staff members are also listed on the site: Erin Sabo, managing director; David Wolber, artistic director; Carla Milarch, associate artistic director; Logan Ricket, associate development director; Joshua Parker, technical director; Becky Fox, children’s theatre director; and Jennifer Pan, assistant technical director & graphic designer.

The press release provides no other details about the financial situation, but states that the board ”wants to thank the community, actors, directors, designers, donors, and subscribers for their long-standing support of the theatre.”

The theater was founded in 1981 and is currently located in the ground floor of 120 E. Huron St., at the southwest corner of Huron and Fourth Avenue. The building also includes Courthouse Square senior apartments.

In recent years the theater has struggled financially. In April of 2009, the theater announced that it needed $40,000 or it would close – an appeal that resulted in a rush of donations.

Update: A meeting has been scheduled for Wednesday, May 28 at 7 p.m. at Hathaway’s Hideaway, according to an event notice posted on Facebook by Carla Milarch. From the post: “Join us for an informational and brainstorming session about moving forward in the wake of Performance Network Theatre’s recent closure. This will be an info-share as well as a discussion of ideas for keeping professional theatre alive in Ann Arbor.” Hathaway’s Hideway is located at 310 S. Ashley in Ann Arbor.

S&P Upgrades County Bond Rating

Washtenaw County has received an upgraded bond rating from Standard & Poor’s – from AA+ to AAA, the highest debt rating from that agency. Only two other counties in Michigan – Oakland and Kent – have a triple-A rating. County administrator Verna McDaniel announced the news on May 22. [.pdf of press release] In general, higher ratings allow organizations to secure better terms for borrowing funds.

In an email to the media sent a few minutes after the press release was issued, commissioner Conan Smith (D-District 9) questioned the value of the upgraded rating:

This is a solid testament to the county’s investments in its institutional security, but I think the real story is at what cost this incremental improvement came. A minor bump in our bond rating will save the county about $50,000 a year in interest payments, but it was heavily dependent on sequestering millions of dollars from programs to serve the poor to pump up our fund balance and on jeopardizing the retirement security of future employees by eliminating the pension program – costs that will likely be revisited on society multifold if this folks find themselves unable to afford to live without government support in their golden years. In the end we invested in ourselves rather than in our community or our employees, so an elite bond rating is to me a Pyrrhic victory.

The “sequestering millions of dollars” mentioned by Smith refers to McDaniels’ goal of increasing the county’s fund balance up to 20% of total expenditures. Most recently, McDaniel has recommended that a $3.9 million surplus from 2013 be put into the fund balance. At its May 21, 2014 meeting, the board adopted a calendar outlining the process for deciding how to allocate those surplus funds. [.pdf of budget calendar]

As of Dec. 31, 2013 the fund balance was $20,708,905. Total general fund revenues were $105.797 million, with total expenses of $101.876 million.

The county received the upgraded rating after a presentation made earlier this month to S&P regarding the sale of $16.16 million in Capital Improvement Re-funding Bonds, Series 2014. The county board had authorized the re-funding in April 2014. The bonds were originally issued in 2006 to fund expansion of the county jail. According to a staff memo, $16.9 million in principal remains of the original $21.675 million bond sale. The county’s bond counsel, Axe & Ecklund, advised the re-funding because of lower interest rates, and estimates a net savings of about $869,000 over life of the bond issue. Bond counsel John Axe told the board that current interest rates are between 4% and 4.3%. He estimated that the re-funding interest rates would be between 2.2% and 3.8%. [.pdf of refunding resolution]

The bonds will be sold competitively on May 28 starting at 11 a.m.

The county administration attributes the upgraded rating in part to recognition that the county has received for its four-year budget, which the board authorized late last year for 2014-2017. Most municipalities prepare budgets for one- or two-year periods. In April, Washtenaw County received the Outstanding Achievement in Local Government Innovation Award from the national Alliance for Innovation for its four-year budget.

County Board Rejects Road Tax for Now

Washtenaw County commissioners voted down a proposal to levy a 0.4-mill countywide road tax in December, but agreed to continue discussing funding options for road repair. The vote on levying a millage was 2-6, with support only from Dan Smith (R-District 2) and Conan Smith (D-District 9). The action took place at its May 21, 2014 meeting. Alicia Ping (R-District 3) was absent.

The tax would have been levied under Act 283 of 1909, which does not require voter approval.

After the tax levy resolution was rejected, Yousef Rabhi (D-District 8) brought forward a resolution to create a seven-member road funding committee that would explore options – including Act 283, as well as other possible revenue sources like bonding or a voter-approved tax. The initial vote to form the committee passed on a 6-2 split, over dissent from Conan Smith and Dan Smith. A final vote will be taken on June 4. If approved, members would be appointed at a later date, with the direction to provide a road funding plan to the board in the fall.

Prompted in part by what many view as a chronic underfunding of roads in Michigan – combined with a particularly harsh winter – county commissioners have been discussing for months how to generate more revenues to repair the county’s road network.

At the board’s May 7, 2014 meeting, Dan Smith (R-District 2) brought forward a resolution that would have authorized levying a 1 mill tax – under Act 283 – in December 2014. A 1-mill tax would generate $14.34 million “to repair 2013–14 winter damage to the roads, streets and paths in Washtenaw County.” On May 7, the board debated the issue at length but ultimately voted to postpone the resolution until May 21 over dissent from Ping.

On May 21, Dan Smith brought forward a revised resolution that addressed some concerns raised by corporation counsel Curtis Hedger during the May 7 meeting. The new resolution proposed an 0.4-mill levy and included a list of specific projects that the tax revenues would fund. [.pdf of May 21 resolution]

The resolved clauses stated:

NOW THEREFORE, BE IT RESOLVED that pursuant to the authorization of Public Act 283 of 1909 (MCLA 224.20), the Washtenaw County Board of Commissioners approves a millage of 0.4 mills to be levied against all real property in the County, which will generate approximately $5,—,— to be collected in December, 2014, for use in calendar years 2014 and 2015 to keep existing Washtenaw County public roads, streets, paths, bridges and culverts in reasonable repair, and in condition reasonably safe and fit for public travel; and that this levy be exempt from capture by TIF Districts or TIFAs to the greatest extent allowed by law.

FURTHERMORE, BE IT RESOLVED that the Washtenaw County Board of Commissioners agrees with Washtenaw County Road Commission’s initial determination, as attached hereto and made a part hereof, and levies said millage for the purposes therein.

FURTHERMORE, BE IT RESOLVED that the Washtenaw County Board of Road Commissioners is invited to present a revised determination in accordance with Act 283 of 1909 to the Board of Commissioners at its annual meeting on September 17, 2014 for an additional levy not to exceed 0.6 mills.

FURTHERMORE, BE IT RESOLVED that Washtenaw County Corporation Counsel is directed to provide an exhaustive formal written opinion, by September 17, 2014, which clearly and convincingly details the exact mechanism under which Act 283 of 1909 taxes may be levied in excess of Article IX, Section 6 constitutional limits without a vote of the people; and that the Washtenaw County Board of Commissioners waives any attorney/client privilege concerning this opinion.

FURTHERMORE, BE IT RESOLVED that the Washtenaw County Board of Commissioners asks the county’s legislative delegation, State Senators Randy Richardville and Rebekah Warren and State Representatives Gretchen Driskell, Jeff Irwin, David Rutledge and Adam Zemke, to request an Attorney General opinion regarding the ability for counties to levy a tax under Act 283 of 1909 in excess of Article IX, Section 6 constitutional limits without a vote of the people.

Several commissioners spoke against levying this kind of tax at this time. Andy LaBarre (D-District 7) advocated for waiting to see whether the state provides more funding for roads. Ronnie Peterson (D-District 6) reported that the boards of Willow Run and Ypsilanti public schools are considering levying tax increases this summer of 2.8 mills and 1.2 mills, respectively. The state passed legislation that enables school districts to levy millages for debt retirement without voter approval. Peterson said the communities that he represents – Ypsilanti, Ypsilanti Township and Superior Township – would be hard-pressed to handle yet another tax increase.

Dan Smith argued that there are few funding options available to the county to pay for road repair, and that the need for additional revenues is critical because the roads are in such bad shape. He noted that he was well aware of the reasons why this was a bad plan – even a terrible one – but said the only thing worse would be to do nothing. Conan Smith pointed out that because all of the board seats are up for election this year, residents will have a way to weigh in on this decision, albeit indirectly. ”This is the most defensible moment that we have” to levy a tax that doesn’t require voter approval, he said.

The May 21 meeting also included a public hearing on the possible levy, and the board heard from people during public commentary. In total, seven people spoke about the road funding issue. Former county commissioner Barbara Bergman, who is an Ann Arbor resident, argued against levying the tax, while former state Rep. Rick Olson of York Township urged commissioners to levy the full 1-mill amount allowed under Act 283. Another resident argued against any tax that isn’t approved by voters, calling it taxation without representation.

For additional Chronicle coverage on road-related issues, see: “County Board Continues Weighing Road Tax,” “County Board Debates Expanded Road Commission,” “County Board Sets Hearing on Road Tax,” “County Considers Road Funding Options,” “No Major Change Likely for Road Commission” and “Group Explores Road Commission’s Future.”

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: [link]

County Board Opposes Local Oil Drilling

The Washtenaw County board of commissioners has weighed in to oppose oil exploration and drilling in the county, following a vote at the board’s May 21, 2014 meeting. The vote was 7-1, over dissent from Dan Smith (R-District 2). Alicia Ping (R-District 3) was absent.

The resolution was brought forward by board chair Yousef Rabhi (D-District 8) of Ann Arbor, who had alerted the board about his plans at the previous meeting on May 7. He said he’d met with residents from the west side of the county about the threat of oil extraction. A drilling permit has been applied for in Scio Township, and residents are afraid that the state will grant the permit.

The two resolved clauses state:

BE IT THEREFORE RESOLVED, that Washtenaw County, Michigan:

1. Opposes said oil exploration and drilling, and any future oil exploration and drilling in this area and other areas within the boundaries of Washtenaw County; and

2. Respectfully requests that the Michigan Supervisor of Wells, as part of the Michigan Department of Environmental Quality, deny the permit application to drill the Wing 1-15 well as proposed; and

3. Hereby requests that the State of Michigan and federal legislators move to enact legislation and improve regulations to reduce the risks to public health, safety, welfare and the environment posed by the oil and gas industry, and re-commit to promoting and protecting quality of life, our economic well-being, and our environment through less reliance on non-renewable energy resources.

BE IT FURTHER RESOLVED, a copy of this resolution shall be transmitted as the County’s official comment on said oil drilling permit and application by the Clerk, to each elected official representing Washtenaw County in Lansing, the Office of the Governor, and the Michigan Department of Environmental Quality.

At its May 19, 2014 meeting, the Ann Arbor city council approved a similar resolution opposing oil exploration in Scio Township.

At the county board’s May 21 meeting, commissioners heard from two residents who spoke during public commentary – including Gus Teschke from the advocacy group Citizens for Oil-Free Backyards – urging the board to oppose oil drilling.

During deliberations, Dan Smith argued that the issue was outside of the county’s purview, because the county can’t regulate oil drilling. He noted that the easiest way to prevent oil drilling is for property owners not to sign leases with companies that seek to drill on their land.

Other commissioners cited environmental and public health concerns in support of the resolution.

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: [link]

County Board Moves to Set 2014 Millage Rate

Washtenaw County commissioners have taken the first step in setting the county’s 2014 general operating millage rate at 4.5493 mills – unchanged from the current rate. The county board took an initial vote on the rate at its May 21, 2014 meeting, with a final vote expected on June 4.

Several other county millages are levied separately: emergency communications (0.2000 mills), the Huron Clinton Metroparks Authority (0.2146 mills), two for county parks and recreation (for operations at 0.2353 mills and capital improvements at 0.2367 mills) and for the natural areas preservation program (0.2409 mills). That brings the total county millage rate levied in July to 5.6768 mills, a rate that’s also unchanged from 2013. [.pdf of staff memo]

This is an annual procedural action, not a vote to levy new taxes. With a few minor exceptions, the county board does not have authority to levy taxes independently. Millage increases, new millages or an action to reset a millage at its original rate (known as a Headlee override) would require voter approval.

The rates will be included on the July tax bills for property owners in Washtenaw County.

A public hearing on the millage rates is set for June 4.

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: [link]

County Helps SPARK with Federal Grant

Washtenaw County is applying for a $940,000 federal grant on behalf of Ann Arbor SPARK, the local economic development agency. Funds would be used to help redevelop the former General Motors Willow Run Powertrain plant in Ypsilanti Township for use as a connected vehicle testing facility.

The Transportation Investment Generating Economic Recovery (TIGER) grant is available through the National Infrastructure Investments Program of the U.S. Department of Transportation. SPARK asked that the county’s office of community & economic development (OCED) act as the lead applicant and fiscal agent. OCED already submitted the grant application – on April 25, 2014. According to a staff memo, “due to the grant application deadline, it was not possible to bring the matter before the [board of commissioners] for approval prior to application submission.”

At its May 21, 2014 meeting, the county board of commissioners took an initial vote to authorize the county’s involvement, with final action expected on June 4. The project is a partnership with SPARK, the University of Michigan, the redevelopment firm Walbridge Aldinger and Ypsilanti Township, among others. According to a staff memo, the facility could lead to the creation of up to 7,800 new jobs in the skilled trades and research sectors. [.pdf of staff memo and resolution]

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: [link]

County to Create Public Health Board

Washtenaw County commissioners have taken an initial step to create a board of health, an entity that would prove advice on public health issues for the county. The action took place at the county board’s May 21, 2014 meeting on a 7-1 vote, over dissent from Rolland Sizemore Jr. (D-District 5). Alicia Ping (R-District 3) was absent.

A description of the board’s duties is outlined in a staff memo that accompanied the May 21 resolution:

The purpose and role of a Washtenaw County Board of Health will be to identify public health problems and concerns in the community, establish health priorities, and advise the Board of Commissioners and the Health Department on issues and possible solutions. The Board of Health will serve as advocates and educators for public health services and policies. The Board of Health will provide oversight and guidance to the Health Department, and will recommend a program of basic health services to the Board of Commissioners.

The new Board of Health will have the authority to hear appeals and requests for variances from the local public health and environmental regulations established under the Public Health Code. The Board of Health will have the authority to hear appeals regarding the suspension or revocation of food service licenses.

The resolution creating the health board also dissolves an existing existing environmental health code appeals board and the hearing board for the Health Department Food Service Regulation. The duties of those boards would be absorbed by the new health board. [.pdf of staff memo]

The recommended size is 10 members, including one ex-officio representative from the county board of commissioners. According to the staff memo, appointments could represent “health service delivery (physicians, dentists, mental health practitioners, administrators); environmental health and conservation, land use planning, food service and nutrition, academia, K-12 education, philanthropy, social service delivery, legal services, and consumers of public health services.”

Members would be compensated for attending each meeting. The total cost for the health board, including in-kind staff support, is estimated at $19,000 annually.

Commissioners will likely to take a final vote at their June 4 meeting. The board of health would be expected to convene for the first time in October 2014.

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: [link]