Govt. Section

The council’s post-holiday meeting agenda signals the end of summer and a reminder of work the council left unfinished several weeks earlier. Two items on the agenda were postponed until the Sept. 3, 2013 meeting at least seven weeks ago. The first is a revision to the ordinance regulating the Ann Arbor Downtown Development Authority. The second is a revision to the council’s own internal rules, which could have an immediate impact on the way conversations between the council and the DDA take place.

For both agenda items, the expectation was that council committees would work during the interim period to hammer out a clarified proposal and recommendation for the full council to consider on Sept. 3. In neither case was that committee work accomplished.

After voting at its May 6, 2013 session to postpone a final vote on DDA ordinance revisions until Sept. 3, the council attempted to ensure that the deliberations at the first meeting of the fall would be productive. The council voted on July 1, 2013 to establish a joint council-DDA committee to work out a recommendation on possible legislation. The main point of controversy involves the definition of the DDA’s tax increment finance (TIF) capture.

Already given initial approval by the council is a proposal that would essentially enforce the existing ordinance language. The revision to the ordinance would have an arguably inconsequential impact on TIF revenue received by the DDA – when compared to its most recent 10-year planning document. What makes that comparison controversial, and unwelcome to the DDA staff and board, is the fact that its most recent planning document doesn’t include tax revenue from very recent new downtown construction. The revised ordinance would have a roughly $1 million per year negative impact on DDA TIF revenues – when compared to the amount the DDA would receive if the DDA were allowed to give the existing ordinance language its preferred interpretation.

The charge to the joint committee on July 1 was to begin meeting immediately, but the group did not convene until eight weeks later, on Aug. 26 – after the Aug. 6 Democratic primary election. The outcome of that election left a key vote in place for an ordinance revision that doesn’t favor the DDA – that of Stephen Kunselman (Ward 3), who defeated challenger Julie Grand. Still, DDA board members at the Aug. 26 meeting seemed keen to continue a delaying gambit. That’s because a failure by Jane Lumm (Ward 2) to win re-election in November could tip the balance in the DDA’s favor – even factoring in the addition of Jack Eaton in Ward 4. Eaton, who prevailed on Aug. 6 over incumbent Marcia Higgins, supports the idea of constraining the DDA’s TIF capture.

At the one committee meeting held so far, the only substantive concept that was batted around briefly was the idea of defining some kind of fixed cap on TIF revenue. This approach would replace the existing ordinance language, which calibrates the DDA’s TIF capture with the projections in the TIF plan. But the discussion never went as far as to include dollar amounts for the fixed cap. After about an hour and a half of political squabbling and sometimes inaccurate recitation of historical facts, the general mood among councilmembers seemed to be reflected in a remark by Sally Petersen (Ward 2): “I don’t think we can be there by next week.” So the item looks likely be postponed on Sept. 3. However, the council is free to vote the proposal up or down at this meeting.

The one session of the joint DDA-council committee still exceeded, by one meeting, the council rules committee’s effort over the summer. The rules committee did not meet at all between July 15, 2013 and Sept. 3. On July 15, the council had postponed a vote on new rules, but not before rejecting one of the proposed rule changes, which the committee had first presented on June 17, 2013. The council as a whole was not keen to shorten public commentary speaking turns. So the proposal currently in front of the council would maintain the existing three-minute time limit.

But as the council’s July 15 deliberations on other proposed rules changes threatened to bog down that meeting, Marcia Higgins (Ward 4), chair of the rules committee, encouraged a postponement until Sept. 3. In the interim, the committee – consisting of Higgins, Sabra Briere (Ward 1), Stephen Kunselman (Ward 3), Christopher Taylor (Ward 3), and mayor John Hieftje – was supposed to meet to consolidate input from other councilmembers and perhaps present a clean slate of proposed revisions.

Even though the rules committee didn’t meet, based on comments by Briere and Sumi Kailasapathy (Ward 1) at the Sunday night caucus on Sept. 1, they might push to eliminate all proposed revisions to the rules except for the one that had prompted the rules committee to consider some changes in the first place. The rules changes were prompted by a desire to allow for public commentary at council work sessions – to eliminate any question about whether councilmembers were engaged in deliberative interactions at those sessions. By allowing for public commentary at work sessions, the council would ensure compliance with Michigan’s Open Meetings Act. By enacting that rule change on Sept. 3, the council would be set for a fully deliberative work session on Sept. 9 – which is scheduled to be a joint session with the board of the DDA.

Three other significant items on the Sept. 3 agenda are tied together with an environmental thread. The council will be considering a resolution directing city staff to explore options with the Michigan Dept. of Environmental Quality and with the U.S. Environmental Protection Agency to help to set the clean-up requirements for 1,4-dioxane so that the Pall-Gelman plume is cleaned up to appropriate standards. The council will also be asked to act on a resolution urging the city’s employee retirement system to divest from fossil fuel companies. And finally, the council will consider a resolution directing staff to work with DTE on a pilot program for a “community solar” initiative.

More detail on other meeting agenda items is available on the city’s Legistar system. Readers can also follow the live meeting proceedings on Channel 16, streamed online by Community Television Network. The Chronicle will be filing live updates from city council chambers during the meeting, published in this article “below the fold.” The meeting is scheduled to start at 7 p.m. [Full Story]

Ann Arbor public art commission meeting (Aug. 28, 2013): The only major action item for public art commissioners was approval of Joshua Wiener’s design for artwork in a new rain garden at the southeast corner of First & Kingsley.

His proposal entails creating white metal images of five small mouth bass, in varying sizes, that appear to be emerging from the landscape and pointed toward the Huron River. Two of the sculptures will be large enough to serve as benches.

Because the artist’s contract of $23,380 is less than $25,000, it does not require city council approval. The sculptures would likely be installed during the spring of 2014.

Commissioners also received several updates during the meeting, and reviewed a new spreadsheet designed to track more effectively current and potential projects. [.xls file project tracker] Aaron Seagraves, the city’s public art administrator, reported that a selection panel picked Catherine Widgery of Cambridge, Mass., as the artist for a major public art project on the East Stadium bridges in Ann Arbor. However, the panel is asking Widgery to revise her proposal before presenting it to AAPAC and the city council for approval. The project has a $400,000 total budget.

Other updates covered projects at Argo Cascades, the city’s wastewater treatment plant, Arbor Oaks Park, a memorial for Coleman Jewett at the Ann Arbor Farmers Market, and the “Canoe Imagine Art” community project. Additional potential projects were mentioned, including possible artwork for the new bike share program and the public skatepark, which is now under construction at Veterans Memorial Park.

Commissioners also viewed a short video produced by Ashlee Arder, one of the newest members of AAPAC. The intent is to promote the commission and the city’s public art program. The video is already available on YouTube, and Arder plans to post it on the commission’s website, Facebook page and Twitter account, @AAPublicArt.

The meeting was attended by six of the seven commissioners, including Marsha Chamberlin, who participated via conference call. There are two vacancies on the nine-member commission. At the city council’s Aug. 19, 2013 meeting, Devon Akmon was nominated to fill one of the vacancies. Akmon is an Ann Arbor resident and the new director of the Arab American National Museum in Dearborn. At its Sept. 3 meeting, the city council is expected to vote on Akmon’s confirmation to AAPAC .

No name has been put forward publicly for the second vacancy. One of the two vacancies resulted when Tony Derezinski was not reappointed. The other stemmed from Wiltrud Simbuerger’s resignation earlier this year. Her term would have ended Dec. 31, 2013. [Full Story]

On the University of Michigan campus last Sunday, Aug. 25, a group of students organized as the Mixed Use Party convened their regular monthly meeting.

The meeting was held in Angell Hall, and first on the agenda was discussion of a possible revision to the city’s noise ordinance. The ordinance revision – which was subsequently adopted into the party platform at the Aug. 25 meeting – would address the question of who is assigned responsibility for a violation.

Under the current city code, if the person responsible for the noise can’t be determined, a police officer has the discretion to deem the renter of the property (or also the property owner, or the occupant) to be responsible. Mixed Use Party members are concerned that the current code could create a scenario where the occupant of a property could be subjected to higher tiers of the allowable fines, based on noise ordinance violations of previous occupants.

Under the Mixed Use Party proposed ordinance revision, if the person who planned the noise-related activity can’t be determined, then it’s the occupants of the space where the activity is taking place who are responsible. And if that can’t be determined, then the responsibility would default to the property owner.

The basic kind of issue – appropriate assignment of responsibility for an infraction – was addressed three years ago by the Ann Arbor city council, but for a different ordinance. The city’s code on allowable storage of solid waste was amended by the council in 2010 – to restrict somewhat the ability of landlords to require tenants to pay fines associated with improperly stored trash.

Candidates affiliated with the Mixed Use Party will be contesting Ann Arbor city council races as independents in three of the city’s five wards. Sam DeVarti will be running in the Ward 3 race against incumbent Democrat Stephen Kunselman. DeVarti was the only one of the three Mixed Use Party candidates at the Aug. 25 meeting, which was sparsely attended.

DeVarti is a student at Eastern Michigan University, while the other two candidates are UM students. Jacyln Vresics is contesting the Ward 1 race along with incumbent three-term Democrat Sabra Briere and independent Jeff Hayner. In Ward 2, Mixed Use Party affiliate Conrad Brown will be on the November ballot with incumbent independent Jane Lumm and Kirk Westphal, who won an uncontested Democratic primary.

In Ward 4, Democratic primary winner Jack Eaton is unopposed in November. Ward 5 incumbent Democrat Mike Anglin faces no competition on the ballot, but resident Thomas Partridge is a declared Ward 5 write-in candidate.

Other aspects of the Mixed Use Party platform are somewhat broader than the proposed changes to the noise ordinance. For example, the platform includes a reconceptualization of the city’s zoning scheme, reducing the number of non-public land zones to three broad categories: heavy industrial, mixed use and restricted mixed use.

A highlight of the Mixed Use Party tentative infrastructure plan – which has not yet been formally adopted as an element of the party’s platform – might include selling Ann Arbor’s public parking system and using the proceeds to fund road repair, among other infrastructure. The infrastructure plan was discussed at the Aug. 25 meeting, but possible action was left for a future meeting.

More detail on noise and trash below the fold. [Full Story]

Ann Arbor District Library board meeting (Aug. 19, 2013): A meeting with no major action items stretched into one of the longest sessions for the library board in recent years, with multiple presentations from staff and a briefing on the bike share program.

Heather Seyfarth of the Clean Energy Coalition described a new bike share program that CEC is managing, with a targeted launch of April 2014. One of the proposed bike stations could be located on library property at AADL’s downtown building, on South Fifth Avenue next to Library Lane. The library isn’t being asked to invest in the project, which is a partnership between CEC, the University of Michigan, the Ann Arbor Area Transportation Authority and the city of Ann Arbor. However, locating a station on AADL property would require a formal agreement between the library and CEC.

Seyfarth noted that the program doesn’t yet have a name, and organizers plan to ask the public for suggestions. They had originally settled on GoBike, but that name is already trademarked by another organization.

Trustees were also updated by library staff on activities related to goals in the five-year strategic plan, from 2010-2015, and on the latest direct licensing agreements that the library has reached with authors and musicians. Regarding the licensing deals, AADL director Josie Parker pointed out that the library staff decided not to pursue some options that are available to libraries, such as Freading and Zinio. In those other approaches, there is a go-between handling the licensing deals with authors and artists. She noted that at this point, AADL is in the minority as it pursues direct licensing. Some of those deals are with local authors and organizations, including indie label Ghostly International and graphic novelist Jim Ottaviani.

Trustees also received a briefing on a new format for presenting AADL statistics in five categories: Collections, users, usage, visits and participation. Eli Neiburger, AADL’s associate director of IT and product development, showed data in these categories using bar graphs and charts, and talked about the meaning behind the numbers. New information was also included in the report, like the value of the total AADL collection – estimated at $16.1 million, based on the replacement cost of all items in the AADL catalog.

In one of its few action items, the board approved three minor adjustments to the 2012-13 budget, for the prior fiscal year ending June 30, 2013. The adjustments totaled $11,000. Trustees also passed a resolution thanking Vicki Browne on her recent retirement. She had worked at the AADL since 1988.

During committee reports, Margaret Leary – chair of the facilities committee – noted that committee members had given Parker the go-ahead to get cost estimates for renovating the entry of the downtown library, including replacement of the front doors. It’s not yet clear if the project would require board approval.

Though not an agenda item, the library’s contract with Allerton-Hill Consulting emerged on several occasions during the meeting, including public commentary. Board president Prue Rosenthal also made a brief statement in response to public commentary at previous meetings. She stressed that “the board of the Ann Arbor District Library has done nothing illegal,” she said. “We are not in violation of the Michigan law.” Members of the Protect Our Libraries political action committee have questioned whether board’s committee meetings, which do not include a quorum of board members and are not open to the public, comply with the Michigan Open Meetings Act. [Full Story]

Two energy-related items will appear on the Ann Arbor city council’s post-holiday agenda next week.

One of those items calls on the city’s employee retirement system to divest from the top 200 publicly traded fossil fuel companies.

The second resolution would direct the Ann Arbor city staff to work with DTE to develop a pilot program for a “community solar” project – an initiative that would allow a group of people or businesses to purchase shares in a solar energy system, not located at the site of their electric meter.

The items appear on the council’s tentative agenda for Sept. 3, 2013, which is shifted to Tuesday from its regular Monday slot due to the Labor Day holiday.

Both resolutions were sponsored by the city’s energy commission, a 13-member group with the responsibility of overseeing city policies and regulations on energy and to make recommendations to the city council. [Full Story]

Ann Arbor planning commission meeting (Aug. 20, 2013): As the city council considers selling the former Y site at 350 S. Fifth, planning commissioners have outlined the kind of development they’d like to see at that location.

The commission voted unanimously to recommend that the council, if it decides to proceed with a sale, should use a request for qualifications (RFQ) and request for proposals (RFP) process.

The planning commission is also recommending that the council impose a set of conditions for future development. The list includes mixed-use development that encourages foot traffic and active first-floor uses, an entry plaza or open space, and mandatory compliance with the city’s design guidelines.

The site was one of five parcels that was the focus of the Ann Arbor Downtown Development Authority’s Connecting William Street project. Much of the Aug. 20 discussion centered on the use of CWS as a framework for the resolution.

Sabra Briere, who serves as the city council’s representative to the planning commission, suggested removing entirely references to the CWS project. The council never adopted the CWS report or took any action to implement the CWS recommendations, she noted. Briere felt that leaving those references to CWS in the commission’s resolution might make some councilmembers more resistant to it.

Wendy Woods, a former councilmember, countered that “our role is not to give pablum to council.” The commission’s role is to give advice as a body, regardless of how it might be received by the council, Woods said. She also pointed out that it’s not necessarily Briere’s role to advocate for positions taken by the commission. “The planning commission is its own advocate and we stand on our own,” Woods said.

Bonnie Bona and Diane Giannola, who drafted the resolution, pointed to the amount of public input that had been solicited during the CWS process, and felt that it was more powerful for the commission’s recommendations to be supported by that input. Giannola didn’t want to get into the politics of guessing what the council might support, but offered to extract references to CWS from the two resolved clauses. That compromise was acceptable to Briere and the other commissioners. [.pdf of amended Y lot resolution]

During the discussion, Briere also reported that the broker hired by the city to handle a possible sale has been meeting with councilmembers to talk about the Y lot. The broker is likely to suggest putting as few stipulations on the property as possible, she said, because he believes that such stipulations will lower the purchase price. That’s not necessarily what all councilmembers believe, she noted, but it’s what they’re being told.

The commission’s resolution will be forwarded to the city council as an item of communication, and will possibly appear on the agenda as soon as Sept. 3.

In other action, commissioners recommended approval of a two-story addition that more than doubles the size of the Honda vehicle testing facility on Ann Arbor’s south side. The existing 19,357-square-foot building, built in 1975, is located at 3947 Research Park Drive on a 2.72-acre site. During a public hearing on the project, a representative of American Honda Motor Co. reported that the expansion will include a state-of-the-art environmental testing chamber, to help Honda develop vehicles with cleaner fuel emissions. The $4.3 million project is expected to increase the number of employees who work at the site from 6 to 10.

Commissioners also recommended approval of (1) the site plan for a proposed Belle Tire at 590 W. Ellsworth – just east of the intersection with South State Street, and (2) an annexation and zoning request for 2640 Miller Road, on the city’s northwest side. [Full Story]

Ann Arbor park advisory commission meeting (Aug. 20, 2013): In a session that one member described as the “shortest meeting ever,” park commissioners heard presentations and updates, but had no action items on their agenda.

The main presentation focused on the Border-to-Border trail connections in Ann Arbor. The trail runs roughly along the Huron River from Livingston County in the north to Wayne County in the east, using paved shared-use paths, unpaved paths and bike lanes.

Larry Deck from the Washtenaw Bicycling and Walking Coalition highlighted three areas that WBWC has identified as high priorities: (1) between Bandemer Park and Barton Park/Huron River Drive (the B2B trail ends at the north edge of Bandemer Park); (2) near the intersection of Fuller Road and Maiden Lane; and (3) near the Fuller Road bridge over the Huron River.

Another WBWC priority is to improve the bicycling connections between the University of Michigan’s central and north campuses.

Deck suggested that PAC consider a resolution recommending to city council that these projects be designed and funded, and in general renew the priority of the B2B trail along the Huron River greenway. It’s been a city priority for decades, he noted, but it’s good to have a reminder of that.

Discussion among commissioners focused on the challenges of crossing railroad tracks at various points along the B2B route, as well as interest in coordinating with other projects like the recommendations of the North Main Huron River corridor task force.

During the meeting, commissioners also got an annual update from George Taylor, president of the Cobblestone Farm Association, as well as briefings from PAC’s dog park and downtown park subcommittees. Results from surveys to solicit public input for both subcommittees are now available, and will be analyzed by commissioners and staff in preparation for upcoming public forums. [.pdf of 306-page dog park survey results] [.pdf of 110-page downtown park survey results]

Two public forums are scheduled for the downtown park project: On Monday, Sept. 9 in the basement of the downtown Ann Arbor District Library, 343 S. Fifth, from 6:30-8:30 p.m., and on Wednesday, Sept. 18 at city hall’s basement conference room, 301 E. Huron, from 6:30-8:30 p.m.

The dog park subcommittee – which is looking for a possible location for a third dog park – will hold a public forum on Wednesday, Sept. 11 at 7 p.m. at Cobblestone Farms, 2781 Packard. In noting the history of opposition to proposals for a dog park at West Park, Tim Berla wondered whether it would be possible to locate a dog park anywhere near a residential neighborhood. It’s a “classic Ann Arbor trap,” he said – everyone is in favor of it, until something specific is proposed and the neighbors say no.

In his manager’s report, Colin Smith highlighted several upcoming events. The annual season-closing “dog swim” at Buhr Park pool will be held on Sept. 4 and Sept. 5 from 3-8 p.m. On Sunday, Sept. 15 at 1 p.m. in Liberty Plaza – the downtown park at Division and Liberty – a grand opening will be held for the “sensory garden” there. It’s a project of the Ann Arbor commission on disability issues, in collaboration with the city’s adopt-a-park program and the University of Michigan Matthaei Botanical Gardens.

Smith also noted that the popularity of Argo Cascades has led to a shortage of parking in that area. As a result, beginning Labor Day weekend the staff will start using a portion of Longshore Park to park cars. It’s a short-term measure while the staff seeks longer-term solutions, he said. [Full Story]

Ann Arbor city council meeting (Aug. 19, 2013): An extraordinarily light agenda prompted Jane Lumm (Ward 2) on arrival in council chambers to remark that the meeting could be done in a half hour. The meeting actually stretched to about 90 minutes. But that still made it the shortest meeting in recent memory.

The council didn’t engage in substantive deliberations on any of its regular business items, but did pull three items off the consent agenda for more scrutiny: (1) an Oktoberfest street closure in downtown; (2) a dam safety inspection contract for the city’s two hydroelectric dams; and (3) a renewal of the maintenance and support agreement for CityWorks software.

The CityWorks software drew public commentary from resident Kathy Griswold – because the web-based citizen request system that a third-party developed a few years ago using the CityWorks API (application programmer interface) does not have a good mobile interface. To the extent that a better mobile interface would allow residents more easily to report problems with traffic-related lines of sight (such as excessive vegetation), that could result in safety improvements.

Pedestrian safety was the second point raised by Griswold, as she weighed in against the city’s crosswalk ordinance, which requires motorists to stop for pedestrians who are in the crosswalk or standing at the crosswalk. It’s a position that Griswold has taken on several occasions in her remarks to the council over the last two years. Her contention is that the city’s ordinance should be identical to the language in the Michigan Uniform Traffic Code, which does not require stopping and does not extend to cover pedestrians who are standing at a crosswalk but not within it.

Sabra Briere (Ward 1) picked up on the topic of pedestrian safety during communications time, and delivered remarks she’d prepared at the request of former city councilmember Leslie Morris. Morris had attended the previous day’s Sunday night caucus and had asked Briere to address the issue of a recent pedestrian fatality on Plymouth Road. Briere ticked through a number of statistics on traffic crashes involving a pedestrian.

The meeting featured two topics related to constitutionally protected speech – one raised during public commentary and the other raised less visibly, during a closed session on the settlement of a lawsuit.

During his turn at public commentary, James Rhodenhiser asked the council to consider expressing its view on a regular weekly anti-Israel protest that’s been held for nearly 10 years outside the Beth Israel Congregation. Rhodenhiser is rector at St. Clare of Assisi Episcopal Church, and conveyed a written document to the council indicating support from 31 other local clergy. The council has in the past approved two resolutions referring to the protests. The city has not been able to take any substantive action to compel the protesters to cease their activity, because the demonstration is constitutionally-protected free speech.

Another issue related to constitutionally-protected speech was the topic of a closed session held near the end of the meeting, which lasted about 15 minutes. When the council emerged from the closed session, a unanimous vote was taken to settle a lawsuit: Dobrowolski v. City of Ann Arbor. The lawsuit alleged that the city infringed on constitutionally-protected speech when it used its vehicle sign ordinance to prohibit anti-abortion signs. The city agreed to pay $7,000 in legal fees and $50 to the plaintiff, Paul Dobrowolski – to cover the tickets he was issued for his signs.

In some significant voting business, the council confirmed appointments to the boards of the Ann Arbor Downtown Development Authority and the Ann Arbor Area Transportation Authority. Sally Petersen (Ward 2) offered positive remarks about both appointees – Rishi Narayan to the board of the Ann Arbor DDA and Jack Bernard to the board of the AAATA.

Petersen highlighted one other appointment – Alison Stroud to the city’s commission on disability issues, noting that Stroud is hearing impaired and used the CART (Communication Access Realtime Translation) to follow along at meetings. [Full Story]

Ann Arbor planning commission’s ordinance revisions committee meeting (Aug. 13, 2013): The committee received an update on the city’s downtown zoning review at a meeting that included about a half hour of public commentary.

Erin Perdu, the consultant hired by the city to lead this process, briefed the four commissioners who serve on the ordinance revisions committee, as the first phase of this effort draws to a close.

The work is the result of a city council resolution passed on April 1, 2013. It directed the planning commission to address three specific questions: (1) whether D1 zoning is appropriately located on the north side of Huron Street between Division and South State and the south side of William Street between South Main and Fourth Avenue; (2) whether the D1 residential FAR [floor area ratio] premiums effectively encourage a diverse downtown population; and (3) whether a parcel on the south side of Ann Street adjacent to city hall should be rezoned “to the appropriate zoning for this neighborhood.” That parcel, currently a surface parking lot, is now zoned D1, which allows for the highest density development. The council’s resolution set a deadline of Oct. 1 for the planning commission to deliver recommendations to the council.

Based on public meetings, interviews and survey responses, Perdu reported a general consensus that D1 zoning is not optimal. In particular, many people feel that the buildings allowed in D1 zoning districts are too tall and massive, and that other solutions should be explored for the sites mentioned in the council resolution. Possible solutions include rezoning those sites to D2, or making changes to the D1 zoning – such as allowing diagonals as a tool for controlling building shape, lowering the height or adjusting setbacks – so that it worked better with the adjacent neighborhoods. Some people suggested creating yet another type of zoning. “I think those are options that we’ll be exploring in the next phase of this,” Perdu said.

Another big issue that emerged was the design guidelines, Perdu reported, and a lot of people suggested that those guidelines need more teeth. Suggestions included making the guidelines a requirement in order to be eligible for premiums, which allow developers to construct larger buildings in exchange for providing certain features or public amenities.

There was also general agreement that the diversity of housing isn’t being achieved, Perdu said, but “how to fix that is up for debate.” Some ideas include making the premiums more specific, to encourage different types of residential units – that is, not granting a premium for simply any kind of residential development, as is currently the case. Other ideas for premiums include providing open space, or additional environmental and pedestrian amenities.

Perdu’s team will be developing visuals – including 3D models – showing how certain types of buildings might look if changes are made to D1 zoning on the sites mentioned in the council resolution. The consultants will also be doing research on possible options for premiums that would encourage specific kinds of residential development. In addition, they’ll be looking at how design guidelines can be strengthened and better integrated into the process.

Kirk Westphal, the planning commission’s chair who also serves on the ORC, requested that Perdu’s report reflect the history of how the D1 and D2 zoning were developed. During public commentary, several speakers objected to using Perdu’s time in this way. Former planning commissioner Eppie Potts said she felt like that history is being used against opponents of D1 zoning. “Hey, there was a lot of discontent and unhappiness, which nobody chooses to remember,” she said. “There were revolts at some of the meetings. It was not that pretty, as history.”

The next public forum will be held on Thursday, Sept. 19 at 7 p.m. at a venue to be determined. Perdu said she’ll also hold additional focus groups before then. The next ordinance revisions committee meeting will likely take place on Sept. 10. [Full Story]

An extraordinarily light agenda offers the council a rare opportunity to dispatch with a meeting in about an hour tonight. No proclamations or presentations are scheduled for the start of the meeting.

Besides the consent agenda, the council will need to vote on just eight items. And half of those eight are standard easements, which are rarely subjected to any council discussion.

But those easements also mean that not too many councilmembers would have the chance to take the night off. As conveyances of land interest, the easements will require an 8-vote majority on the 11-member council. Two of the easements are related to the construction of a new Tim Hortons on South State Street, one is related to the Arbor Hills Crossing development at Washtenaw and Platt, and the fourth is linked to construction of the new Blake Transit Center in downtown Ann Arbor.

The other land-related item on the agenda is initial consideration of a rezoning request for a site that has been annexed into the city from Ann Arbor Township. The final vote on the item would come at a subsequent meeting after a public hearing at that meeting. The Aug. 19 agenda doesn’t include any items that require a public hearing.

The council will be asked to approve a $107,000 purchase order for continued participation in CLEMIS (Courts and Law Enforcement Management Information System). The service is used by several public safety agencies in southeast Michigan. Among the support services provided by CLEMIS are computer-aided dispatch (CAD), mobile CAD, report management system, fingerprinting and mug shots.

The council will also be asked to approve the issuance of $3.15 million in revenue bonds to fund some electrical improvements for the water supply system.

The final voting item on the agenda is confirmation of several nominations to city boards and commissions made at the council’s previous meeting.

The agenda still offers some opportunity for stretching long. For example, the council could separate out some of the nominations for individual consideration. Among those nominations, the council will be asked to confirm appointments to the boards of two high-profile organizations – the Ann Arbor Downtown Development Authority and the Ann Arbor Area Transportation Authority. Rishi Narayan, founder of Underground Printing, is the nominee to the DDA board. Jack Bernard, who works in the University of Michigan’s office of the general counsel, is the nominee to the AAATA board.

The council could also pull individual items off the consent agenda for separate consideration. Two of those items are street closures for downtown bars to host Oktoberfest activities on Sept. 20-21. It’s possible those items could be pulled out for separate consideration – but not because of a desire to deny the requests. Instead, a possible reason to consider them separately would be to highlight what’s different about the Oktoberfest street closures, compared to a similar request made at the council’s last meeting for “Beats, Eats, and Cleats.” That request, which was denied, was for an event sponsored by The Landmark apartment building. It was scheduled for Friday, Sept. 6, 2013, the evening before the football game between the University of Michigan and the University of Notre Dame.

The Oktoberfest event also takes place on a weekend when the Michigan football team plays a game. But that game against the UConn Huskies will be contested on the gridiron of Rentschler Field in East Hartford, Conn. – over 700 miles away from the intersection of Washington and Main Streets in Ann Arbor, Mich.

Councilmembers also have the opportunity at three different points in the agenda to share communications with the public and their fellow councilmembers.

More detail on the meeting agenda items is available on the city’s Legistar system. Readers can also follow the live meeting proceedings on Channel 16, streamed online by Community Television Network.

The Chronicle will be filing live updates from city council chambers during the meeting, published in this article “below the fold.” The meeting is scheduled to start at 7 p.m. [Full Story]

Washtenaw County parks & recreation commission meeting (Aug. 13, 2013): After skipping the July meeting for a summer break, WCPARC tackled a full agenda at its August session. Commissioners took action related to land preservation and the east county recreation center in Ypsilanti, and were briefed about a proposed corridor improvement authority along State Road in Pittsfield Township.

Commissioners approved expenses totaling $1,760,780 to acquire complete or partial interests in 140 acres for the natural areas preservation program (NAPP), and took the first step to approve acquisition of conservation easements on 170 acres of farmland for $258,500.

The NAPP purchases include 71 acres in Ann Arbor Township presently owned by DF [Domino's Farms] Land Development, west and north of the intersection of Plymouth and Dixboro Roads. The purchase includes 54 acres – known as Arbor Vistas – on the south side of Ford Road. WCPARC will contribute $928,780 of the total price of $2.167 million, with the remainder of funding coming from the Michigan Dept. of Natural Resources Trust Fund ($1.088 million) and Ann Arbor Township ($150,000).

Two other parcels – 5 acres and 12 acres – are located near the larger site. In total, these three acquisitions will enhance access to existing preserves, according to staff, and will benefit from the parking areas and trails already built in those preserves.

The WCPARC also gave final approval to purchase the 66-acre Primeau property in Freedom Township for $420,000, and to buy the 3-acre Holley property in Pittsfield Township for $90,000. The Holley property – on the south side of Textile Road, north of Michigan Avenue – is important because of its woods and its adjacency to three other heavily wooded parcels that WCPARC has given tentative approval to purchase. The 8-1 vote for the Holley purchase came over dissent by commissioner Fred Veigel, who questioned paying $30,000 an acre for property that could be developed.

The WCPARC also administers the agricultural land preservation program, which protects farmland by purchasing development rights (conservation easements) rather than title to the land. At the Aug. 13 meeting, commissioners gave preliminary approval for two such purchases: (1) the 101-acre Cort property in Salem Township, for $100,000; and (2) the 69-acre Schneider property in Lodi Township at the southeast corner of Scio Church and Parker Roads, for $158,500.

The commission was briefed on one ongoing project: the proposed recreation center in downtown Ypsilanti‘s Water Street area. The presentation included a summary of a survey about how such a new facility might be used. The survey had been commissioned by the Ann Arbor YMCA with some funding from WCPARC, and showed that there is sufficient demand and willingness to pay for the center. The results also provided details to guide decisions about fees and the size and nature of facilities in the building.

In action related to the center, commissioners approved extending for six months a letter of intent to reach a development agreement between WCPARC and the city of Ypsilanti. The plan is to use that time to negotiate a full development agreement so that the city can transfer the property – up to 8 of the 38 acres on Michigan Avenue east of downtown Ypsilanti – before Jan. 4, 2014.

Commissioners were briefed about a proposed Pittsfield Township corridor improvement authority along State Road. It would use tax increment financing (TIF) to provide funding for upgrading South State between Ellsworth Road and Michigan Avenue.

The commission also approved several financial reports for June and July, and received updates on various projects and activities. Director Bob Tetens distributed a draft of the WCPARC budget for 2014-2017, but there was neither description nor discussion of the document, which will be on the September agenda. [Full Story]

Ann Arbor Area Transportation Authority board meeting (Aug. 15, 2013): The board’s two main voting items at Thursday’s regular monthly meeting were in some sense ceremonial – but still reflected substantial policy decisions.

The board gave public notice through a formal resolution that the organization would start using the new name specified in its newly-amended articles of incorporation: “Ann Arbor Area Transportation Authority.”

Eli Cooper, who also serves as the city of Ann Arbor’s transportation program manager, was among the board members at the meeting who noted the substance underlying the addition of the word “area” to the organization’s name.

That substance is a recently approved revision to the articles of incorporation of the AATA, which added the city of Ypsilanti as a member to the authority. The AATA board had given final approval for that change at its June 20, 2013 meeting, after the city councils of Ann Arbor and Ypsilanti had already approved the change. The revision to the articles to include Ypsilanti as a member is intended to provide a way to generate additional funding for transportation. The AAATA could, with voter approval, levy a uniform property tax on the entire geographic area of its membership – something the AATA did not do.

The cities of Ann Arbor and Ypsilanti now levy their own millages, which are transmitted to the AAATA. However, Ypsilanti is currently at its 20-mill state constitutional limit. A millage levied by the AAATA would not count against that 20-mill cap. While there had been an outside chance that a millage request could be placed on the ballot as soon as November 2013, it now appears likely for May 2014.

Board discussion reflected the fact that the new acronym for the organization is a challenge to pronounce letter-by-letter. Suggestions had been made to adopt a convention of calling the AAATA “A3TA” or “Triple-A-TA” – but the board’s resolution indicated only that “TheRide” will continue as the organization’s mark.

Gillian Ream is the city of Ypsilanti’s new appointee to the expanded board of the AAATA. The Aug. 15 meeting was the second one she’d attended – but her first as a voting member.

The draft FY 2014 budget, for the fiscal year that begins on Oct. 1, already reflects the membership of the city of Ypsilanti – as the proceeds from Ypsilanti’s transit millage are recognized under “local property tax revenue” instead of “purchase of service agreements.” That draft currently shows about $33.3 million in both revenues and expenditures.

The FY 2014 work plan – which that budget is supposed to support – was the second ceremonial but still substantive item on the board’s agenda. In addition to maintaining a range of basic transportation services, the work plan includes a number of other initiatives. Among them are projects that have been widely discussed for a longer time – like increased services in the “urban core,” the east-west commuter rail, north-south commuter rail (WALLY) and a high-capacity connector between northeast Ann Arbor through the University of Michigan campus and farther south to the Briarwood Mall area. Projects included in the work plan that have not received as much publicity include traffic signal prioritization (in favor of public transit vehicles) and a unified fare media (payment) strategy.

Sue Gott noted during the meeting that the work plan had been under development for five months. The plan was met with general enthusiasm by board members, with Susan Baskett reflecting the board’s sentiment: “I just love this document!” It was adopted on a unanimous vote.

The other voting item on the agenda was authorization to use three different printers for small-scale print jobs over the next five years. The only wrinkle to approval of that item came in connection to adjusting the sequence of resolutions, so that the resolution formally adopting the AAATA’s new name preceded the printing contracts.

Also during the meeting, the board heard a range of public commentary. Among the points made by the public was the fact that despite discussions about possible changes to Route #11 in Ypsilanti, Route #11 will remain unchanged this fall. Also during public commentary, the passing of longtime disability activist Lena Ricks was noted. Ricks had served on the AAATA’s local advisory council. [Full Story]

Washtenaw County board of commissioners working session (Aug. 8, 2013): A range of ways to bring in additional revenues – including increases to existing taxes, or new millages requiring voter approval – are being explored by county commissioners. They’re working to overcome a nearly $4 million budget deficit in 2014 without further cuts to programs and services.

A memo prepared by Conan Smith (D-District 9) outlined six options for generating more tax revenue. Three of those options would not require voter approval, because the Michigan statutes that authorize the millages predate the state’s Headlee Amendment. The board already levies two of these types of taxes – for indigent veterans services, and agriculture/economic development – but doesn’t yet levy the full amount allowed by law. The third tax in this category, which the county doesn’t levy now, would pay for road repair.

Other approaches would need voter approval. A Headlee override – allowing the board to raise its operating millage to the cap of 5.5 mills, from the current rate of 4.5493 mills – would result in an additional $13.5 million in tax revenues next year. The rate of 5.5 mills has been rolled back over the years by the Headlee Amendment, which was designed to prevent property tax revenues from increasing faster than the rate of inflation.

Commissioners also discussed the possibility of putting a millage proposal on the ballot for specific purposes, like public safety. Sheriff Jerry Clayton attended the working session and stressed the importance of funding for public safety.

A targeted millage could also pay for annual contributions toward the county’s unfunded pension and retiree healthcare obligations. But that strategy would not eliminate the entire amount of unfunded liabilities, estimated at nearly $300 million. A controversial bond proposal intended to eliminate those obligations was halted in early July. [See Chronicle coverage: "County to Push Back Vote on Bond Proposal."] However, on Aug. 8 some commissioners indicated that bonding was not off the table, and could still be considered. Michigan’s Public Act 329 of 2012, which enables municipalities to issue bonds for these kinds of obligations, has a sunset of Dec. 31, 2014.

In other possible revenue strategies, Conan Smith also advocated to use some of the general fund’s roughly $16 million fund balance, to support one-time investments like capital expenditures or to replenish fund balances in specific departments. He had made a similar proposal at the board’s Aug. 7, 2013 meeting, but did not win support for it from the majority of commissioners.

At their working session, several commissioners expressed general support for seeking some kind of voter-approved tax, either a Headlee override or a targeted millage. There seemed to be less support for tapping the general fund’s fund balance. Yousef Rabhi (D-District 8) described the fund balance approach as “a short-term energy pill. It’ll get us a couple feet down the road, but it won’t give us the miles that we need.”

It’s unlikely that a millage proposal would be put on the November ballot. To do so, the board would need to take action this month, which would require calling a special meeting. The board’s next scheduled meeting is Sept. 4.

The Aug. 8 working session also included a presentation by Mary Jo Callan, director of the county’s office of community and economic development, about current and proposed initiatives related to economic development. The session was attended by Ann Arbor SPARK executives, including CEO Paul Krutko.

This report focuses on the board’s budget discussion. [Full Story]

Ann Arbor planning commission meeting (Aug. 7, 2013): A light agenda for the planning commission led to two straightforward decisions on rezoning requests for parcels outside the downtown, well away from the area that has generated ongoing controversy. The decisions were both unanimous, with opposite outcomes.

The planning commission heard a request to rezone 3325 Packard from R1C (single-family dwelling) to R2A (two-family dwelling) – and voted unanimously to deny that request. A house had burned on the lot, which sits at the corner of Fernwood and Packard. The economics of rebuilding a single-family house and trying to sell or rent it out weren’t realistic, owner Steve Weaver told the commission.

A duplex, Weaver argued, could help stem the commercial creep coming from the west at Packard and Platt, and provide a “thumb in the dike” to preserve the residential character of that stretch.

But planning commissioner Bonnie Bona reflected the view of commissioners and planning staff that the decision was a “no-brainer” in the context of the city’s master plan, which clearly designates the area for single-family houses. They were reluctant to engage in “spot zoning.”

In voting unanimously to deny the rezoning request, commissioners encouraged Weaver to work with neighboring property owners with the idea of bringing forward a request to rezone an entire blockface.

Weaver has said he will exercise his option to make his rezoning request directly to the city council, even without the planning commission’s support.

The other rezoning request on the commission’s Aug. 7 agenda was to designate some city-owned property on 3875 E. Huron River Drive as PL (public land). The move was characterized as a housekeeping step for the planning commission. During the public hearing on the question, one person addressed the commission indicating support, but with some concern about the range of activities that would be promoted there.

One idea mentioned at the meeting was the possibility that the parcel – sold to the city in 2010 by former U.S. Congressman Wes Vivian – could become the headquarters for the city’s natural area preservation program (NAP). Commissioners encouraged nearby residents to work with the park advisory commission (PAC) as that group helps decide the parcel’s eventual use within the park system.

The commission also heard remarks from the representative of a neighbor opposed to a requested land division on Traver Street. But the decision on that item will be made by planning staff, not the planning commission or the city council. [Full Story]

Washtenaw County board of commissioners meeting (Aug. 7, 2013): A packed agenda and lengthy debate on several items led to a meeting lasting over five hours, with some issues postponed until September.

Following an unexpected proposal from the floor and considerable discussion, commissioners gave initial approval to authorize a $654,670 increase in 2013 general fund revenues and expenses, bringing the total general fund budget to 103,218,903. [.pdf of 2013 budget adjustment chart]

Despite the better-than-anticipated revenue picture, the administration is still projecting a deficit of $3.9 million for next year’s 2014 budget.

Generally, mid-year budget adjustments are recommended by staff and are typically dispatched with minimal discussion. However, a proposed amendment by Conan Smith of Ann Arbor (D-District 9) would have transferred money from the general fund’s unearmarked reserves to restore over $1 million in funding to programs that had been previously cut. He argued that restoring this funding was possible in light of $2.3 million in higher-than-expected property tax revenues this year.

Several commissioners expressed general support for Smith’s intent, but cautioned against acting quickly and not giving sufficient strategic thought to these allocations. They had seen the proposal for the first time that night. Smith argued that he had asked for the budget adjustment resolution to be pulled from the agenda prior to the meeting, because he had wanted more time for discussion. Chastising other commissioners for not taking action to spend the unanticipated revenues, Smith noted that the board had identified human services as a priority, but was instead funding things like software and facilities. He told commissioners it was “one of the worst nights I’ve ever had on this board.”

The board voted down his proposal, but then postponed a final vote on the overall budget adjustments until its Sept. 4 meeting. Several commissioners indicated an interest in working with Smith to address some of his concerns before then.

The 2013 budget was also a highlight during a second-quarter update by the county’s financial staff, who reported that they’re now expecting a $245,814 general fund surplus for the year. In addition, the 2013 general fund budget is not expected to need a previously planned use of $2.8 million from the fund balance. [.pdf of 2Q budget presentation]

In other business, commissioners held a lengthy debate over a resolution for a new case management software system for the Washtenaw County Trial Court that’s estimated to cost $2.3 million. An original resolution had outlined funding sources for the project. However, prior to the meeting some commissioners expressed concern about the use of capital reserves to help fund the purchase, so an alternative resolution was brought forward at the meeting that did not include the references to funding sources.

However, Dan Smith (R-District 2) objected to passing a resolution that approved the purchase but did not include a funding plan. Alicia Ping (R-District 3) was concerned that there had been no clear source of funding identified for the system’s annual licensing fee, estimated at $188,933.

An amendment to that alternative resolution – made after considerable discussion and procedural maneuverings – stated that the board approved the selection of this software system, and directed the county administrator to develop a maintenance and implementation plan, and to identify funding sources by the time of the board’s Sept. 4 meeting. That amendment was not enough to win support from D. Smith and Ping, however.

The resolution received initial approval on Aug. 7, but did not garner sufficient votes for final approval. It will be considered again on Sept. 4.

The board also debated – and ultimately approved – two long-term leases: (1) the 10-year lease of a county-owned Head Start building at 1661 Leforge Ave. in Ypsilanti to the Washtenaw Intermediate School District; and (2) a 9-year lease with Dahlmann Apartments Ltd. for space in the City Center Building at 220 E. Huron in Ann Arbor.

Other action included approval to back up to $3.3 million in bonds to pay for five drain-related and “green infrastructure” projects in Ann Arbor, and authorization to amend a contract between Washtenaw County, Lyndon Township and Sylvan Township related to a sewer system in those townships.

Several grants were accepted during the meeting: (1) about $2.5 million in federal workforce development funding; (2) a $665,704 federal grant to pay for two outreach workers with the Washtenaw Health Plan (WHP), who will focus on increasing children’s participation in federal Medicaid and the Children’s Health Insurance Program (CHIP), known as children’s Medicaid; and (3) a $20,000 capacity-building grant from the Ann Arbor Area Community Foundation for work on the Washtenaw food policy council.

Mary Kerr, president of the Ann Arbor Area Convention & Visitors Bureau, was on hand with several representatives of the United Association (UA) Union of Plumbers, Pipefitters, Sprinkler Fitters, Steamfitters, and Service Technicians. The UA is holding its 60th annual training program in Washtenaw County from Aug. 10-16. It’s the 24th year that UA has held its training program here. More than 2,500 participants will generate an estimated $5 million into the local economy, Kerr said: “The UA leaves this community in much better condition than when they came at the beginning of the week.” [Full Story]

Ann Arbor city council meeting (Aug. 8, 2013): Counting all public hearings and public commentary, members of the public accounted for just 20 minutes of the council’s meeting. Still, councilmembers stretched a relatively light agenda to about four hours.

An hour of the meeting was taken up with a discussion of street closures around Michigan Stadium on football game days. The street closures are part of an effort to increase safety by creating a vehicle-free zone around the stadium. It involves a cooperative effort with the University of Michigan, U.S. Department of Homeland Security and the city of Ann Arbor police department.

Those deliberations ultimately resulted in a modification of the original plan, so that the southbound lane of Main Street would not be closed until an hour before the start of the game.

Other parts of the plan were approved as originally proposed, starting three hours before kickoff: E. Keech Street between S. Main and Greene streets will be closed, and access to Greene Street from E. Hoover to E. Keech streets will be limited to parking permit holders; the westbound lane on E. Stadium Blvd. turning right onto S. Main Street (just south of the Michigan Stadium) will be closed; and S. Main Street except for the southbound lanes will be closed from Stadium Boulevard to Pauline.

The council also amended the plan to require a report by its Oct. 7 meeting on how well the procedures are working. Even with the modification to the plan and the requirement to brief the council on Oct. 7, the proposal to close streets on football Saturdays was approved on just a 7-4 vote, with dissent from Sabra Briere (Ward 1), Sumi Kailasapathy (Ward 1), Margie Teall (Ward 4) and Marcia Higgins (Ward 4). That neighborhood is located in Ward 4.

Also during the meeting, the council denied a requested street closure for a non-university event on South University Avenue. The requested closing was for “Beats, Eats, and Cleats,” sponsored by The Landmark apartment building. It was planned for the evening before a football game between the University of Michigan and the University of Notre Dame. Councilmembers expressed concerns about the probability of alcohol consumption.

Another 40 minutes of the meeting was taken up with discussion of a bike share program, which did have a direct connection to the University of Michigan. The council was asked to contribute $150,000 from the city’s alternative transportation fund. That money provided a 20% local match on a $600,000 Federal Highway Administration Congestion Mitigation Air Quality (CMAQ) grant that the Clean Energy Coalition (CEC) has received. The CMAQ funds have to be spent on capital, such as bikes and stations. Operations will be supported in the first three years of the program by UM at a level of $200,000 annually for a total of $600,000. The program will be operated by the CEC using B-Cycle as a vendor. The council’s vote on the bike share program was 9-2, with dissent from Sally Petersen (Ward 2) and Marcia Higgins (Ward 4).

Higgins also dissented on a council resolution that called upon the state legislature to repeal Michigan’s version of a “stand your ground” law, as well as to repeal legislation that prevents local municipalities from regulating the sale, transfer, transportation, or possession of firearms and ammunition. That resolution came after public commentary on the verdict in the Trayvon Martin case at the council’s previous meeting. Higgins agreed with the sentiments in the resolution, but said she thought it would have a greater impact if people spoke as individuals. Other councilmembers expressed some skepticism that the resolution would have much impact, but it received their support.

The Kerrytown Place project – an 18-unit townhouse development planned for the location of the former Orthodox Greek church on North Main Street – was subjected to only brief remarks. The council unanimously approved its requested rezoning and site plans.

In other business, the council approved a $10,000 design budget for a sidewalk on Waldenwood near King Elementary School. Construction of the sidewalk would allow a mid-block crosswalk to be moved to a four-way stop intersection.

The council also agreed to accept $202,370 from the Federal Farm and Ranch Land Protection Program (FRPP) to help the city purchase development rights on land in Lodi Township, southwest of the city.

Over dissent from Jane Lumm (Ward 2) and Sumi Kailasapathy (Ward 1), the council approved $18,500 to pay for public art administrator Aaron Seagraves’ contract through the end of 2013.

Among the nominations to boards and commissions announced at the meeting, two were significant: Rishi Narayan, founder and managing member of Underground Printing, to the board of the Ann Arbor Downtown Development Authority; and Jack Bernard, chair of the University of Michigan’s council for disability concerns, to the board of the Ann Arbor Area Transportation Authority. [Full Story]

The Ann Arbor city council’s meeting on Thursday – shifted from its usual Monday slot due to the Democratic primary elections held on Tuesday – marks the beginning of a transition. After serving 14 years on the city council, Marcia Higgins will represent Ward 4 for just seven more meetings, counting Thursday. Jack Eaton prevailed on Tuesday and will be the Ward 4 Democratic nominee on the Nov. 5 ballot. He is unopposed.

The council’s agenda for Thursday includes a relatively uncontroversial downtown development project. It’s also dominated by several items that relate to the way people move around inside the city. Some other agenda items relate to land outside the city.

Four different items appear on the council’s agenda related to developer Tom Fitzsimmons’ Kerrytown Place project – an 18-unit townhouse development proposed for the site of the former Greek Orthodox church on North Main Street. Nestled between Main Street on the west and Fourth Avenue on the east, the project is divided into two pieces – the Main Street frontage and Fourth Avenue frontage. Each piece of the project includes a rezoning request and a site plan proposal – and each of those constitutes an agenda item unto itself. The rezoning requested is from PUD (planned unit development) to D2 (downtown interface).

Three items relate to a piece of infrastructure closely associated with people walking as a way to get around town – sidewalks. Two resolutions involve the acceptance by the city of easements for sidewalks – one as part of a mid-block cut-through for The Varsity, a residential high-rise downtown, and the other in connection with a Safe Routes to School project near Clague Middle School on the city’s northwest side. Another sidewalk on the agenda with a school-related theme is a request for the council to approve a $10,000 design budget for about 160 feet of new sidewalk near King Elementary School, which would allow for a mid-block crosswalk to be moved to a four-way stop intersection.

More people might be able to get around the downtown and University of Michigan campus area by bicycle – if the council approves the use of $150,000 from the alternative transportation fund as requested on Thursday’s agenda. The money would provide the local match on a $600,000 federal grant obtained by the Clean Energy Coalition to establish a bike-sharing program through B-Cycle.

Getting around inside the city this fall will include the annual wrinkles due to University of Michigan move-in – and those traffic control measures are included in the council’s consent agenda. New this year will be additional traffic controls around Michigan Stadium on football game days – including the closure of Main Street between Pauline and Stadium Blvd. for a period starting three hours before kickoff until the end of the game. At its Thursday meeting, the council will be asked to give approval of the football game day traffic controls.

In matters outside the city, the council will be asked to authorize the receipt of $202,370 from the Federal Farm and Ranch Land Protection Program (FRPP) to help the city purchase of development rights on land in Lodi Township, southwest of the city. That federal grant comes in connection with the city’s greenbelt program. The council will also be asked to confirm the nomination of John Ramsburgh to the greenbelt advisory commission.

Also on the council’s agenda is the extension of a contract for the city’s part-time public art administrator through the end of the year – to handle projects in the works at locations the Kingsley rain garden, East Stadium bridges, and Argo Cascades.

Added to the agenda late, on Tuesday, is a resolution that calls upon the state legislature to repeal Michigan’s version of a “stand your ground” law as well as to repeal legislation that prevents local municipalities from regulating the sale, transfer, transportation, or possession of firearms and ammunition. The agenda item comes in response to public commentary after the verdict in the Trayvon Martin case was handed down in mid-July.

Details of other meeting agenda items are available on the city’s Legistar system. Readers can also follow the live meeting proceedings on Channel 16, streamed online by Community Television Network.

The Chronicle will be filing live updates from city council chambers during the meeting, published in this article “below the fold.” The meeting is scheduled to start at 7 p.m. [Full Story]

In Democratic primaries for Ann Arbor city council seats held on Tuesday, incumbent Stephen Kunselman polled 65 more votes than challenger Julie Grand, which translated into a 3.5-point margin.

Kunselman’s win was relatively narrow compared to the 29-point spread in the Ward 4 race between Jack Eaton and incumbent Marcia Higgins. That margin translated into 559 more votes for Eaton.

Totals and percents in Ward 3: Kunselman received 927 votes (51.8%) and Grand received 862 votes (48.2%).

Totals and percents in Ward 4: Eaton received 1,233 votes (64.6%) and Higgins received 674 votes (35.3%).

Complete unofficial results with various cuts of the data are available on the Washtenaw County clerk’s election results website.

Voter turnout was 9.24% in Ward 3 and 9.58% in Ward 4.

Of the city’s five wards, those were the only two primaries that were contested. No Republican candidates filed this year. The council consists of two representatives from each ward plus the mayor for a total of 11 members. Councilmembers serve two-year terms, so every year one of the seats is up for election. This is not a mayoral election year.

With Kunselman’s victory in the primary, it sets up the possibility of a Democratic primary race in 2014 between the sitting councilmember Kunselman and incumbent mayor John Hieftje. Kunselman has said that if Hieftje seeks an eighth term, he’d run against him.

But Kunselman will need to get past the Nov. 5 general election in Ward 3, when he’ll face independent Sam DeVarti. DeVarti is a UM student, and son of long-time Kunselman supporter Dave DeVarti – who’s a former councilmember and former Ann Arbor Downtown Development Authority board member. Add in the fact that Kunselman’s wife Letitia and the younger DeVarti are co-workers at the Northside Grill and it points to a campaign that’s more likely to be waged on respectful than on bitter terms.

Other races now basically set for the fall include possibly a three-way race between incumbent Ward 1 Democrat Sabra Briere and independents Jeff Hayner and Jaclyn Vresics. As of the end of the day on Aug. 6, the city clerk was still in the process of verifying signatures for Vresics in advance of the Aug. 7 deadline.

In Ward 2, incumbent independent Jane Lumm will face challenges from Democrat Kirk Westphal (who was unopposed in the Aug. 6 primary) and independent Conrad Brown. Of the city council races in the fall, the Ward 2 race is likely to draw the most interest citywide.

In Ward 4, Eaton will almost certainly not face a challenger on November’s ballot. In Ward 5, incumbent Democrat Mike Anglin will likely be the only choice presented to voters.

In this report we provide some additional detail on the Ward 3 and Ward 4 primary result maps. [Full Story]

As we have for the past few years, The Chronicle will be touring Ann Arbor polling stations on Election Day and providing updates throughout the day. Polls are open today from 7 a.m. until 8 p.m.

This year voters in the primary will be confronted with a single issue – a city council race. Ann Arbor city council seats have contested Democratic primaries in just two of the five wards. No Republican candidates are on the ballot.

Voters in Ward 3 will choose between incumbent Stephen Kunselman and Julie Grand. In Ward 4, the choice is between incumbent Marcia Higgins and Jack Eaton.

For all of you procrastinators who are still researching the candidates, here’s a link to Chronicle coverage of the Democratic primary races for Ann Arbor city council this year.

Not sure where to vote? To find your polling place and view a sample ballot for your precinct, visit the Secretary of State’s website.

Check back here throughout the day for briefs filed from the field, or add a comment with your own Election Day observations.  [Full Story]

Ann Arbor planning commission’s ordinance revisions committee meeting (July 31, 2013): On Monday, Aug. 5, the city of Ann Arbor will hold a public forum to update the community on the A2D2 zoning review that started last month.

In late 2009, after a multi-year process and much debate, the city council adopted the A2D2 (Ann Arbor Discovering Downtown) zoning. The planning commission had for some time been intending to review the zoning, looking at whether the changes have resulted in the kind of downtown development that the city wants.

But interest in a review was heightened by a proposal for the 14-story 413 E. Huron apartment project on a site zoned D1, the highest density allowed. The proposal spurred controversy in part because of its location adjacent to a residential historic district.

So on April 1, 2013, the city council directed the planning commission to review A2D2 and address three specific questions: (1) whether D1 zoning is appropriately located on the north side of Huron Street between Division and South State and the south side of William Street between South Main and Fourth Avenue; (2) whether the D1 residential FAR [floor area ratio] premiums effectively encourage a diverse downtown population; and (3) whether a parcel on the south side of Ann Street adjacent to city hall should be rezoned “to the appropriate zoning for this neighborhood.” That parcel, currently a surface parking lot, is now zoned D1.

On April 1, the council set a deadline of Oct. 1 to deliver recommendations to the council. Councilmembers subsequently approved the 413 E. Huron project on May 13, 2013 on a 6-5 vote.

To lead the A2D2 review, the city hired consultant Erin Perdu of ENP & Associates, who has been holding public forums and interviews with individual stakeholders over the past two weeks. She updated planning commissioners at a July 31 meeting of the ordinance revisions committee, and described her approach to the upcoming Aug. 5 forum.

The Aug. 5 forum starts at 7 p.m. in the lower level conference room of the Washtenaw County administration building at 200 N. Main – at the intersection of Main and Ann. The purpose of that meeting is to review the priority issues that have emerged from feedback so far. The goal is to get confirmation that those issues are, in fact, priorities for the community, she said, and then to have more discussion about those priorities.

The meeting will focus on three main priority issues: (1) height and bulk, with character districts as part of that discussion; (2) premiums, with a focus on housing; and (3) the location of D1 and D2 zoning districts, with a focus on the three sites mentioned in the April 1 city council resolution.

Perdu also addressed technical problems with the online survey on A2 Open City Hall, noting that the issues have been fixed and the deadline extended until 5 p.m. on Aug. 5.

Planning commissioners and staff had a wide-ranging discussion at their July 31 meeting about the feedback they’ve received so far, and the scope of their review. Their discussion touched on design guidelines, historic districts, parking, and housing diversity, among other issues. For example, some critics point to the large amount of student housing that’s being built downtown as a negative outcome of A2D2.

But Kirk Westphal, chair of the planning commission, wondered whether it’s the city’s role to change zoning in respond to these “micro-trends.” He noted that the market might be trending toward student housing now, but in five years that trend might switch to one- and two-bedroom apartments, or offices.

For some additional background on the original A2D2 deliberations, see Chronicle coverage from 2009: “Planning Commission Draws Line Differently“; “Zoning 101: Area, Height, Placement“; and “Downtown Planning Process Forges Ahead.” For more recent background on this zoning review, see: “Planning Group Strategizes on Downtown.” [Full Story]

Next Tuesday, Ann Arbor voters will choose the Democratic nominees to appear on the November ballots for city council seats in two of the city’s five wards: Ward 3 and Ward 4.

Ballots cast by absent voters in the Aug. 6 primary election will be handled a bit differently than in previous elections – which will bring the city into early compliance with a state law enacted last year. It means that the election results for absent voters will be broken down by precinct. [.pdf of Act 272 of 2012]

The basic approach to counting absent voter ballots in this election will be consistent with the procedure used in the last few years: In elections when precinct delegates for political parties are not being selected by voters, absent voter count boards are established – separate from the in-person precinct polling places.

The alternative would be to transport the absent voter ballots to each precinct location, where election workers at the precincts would feed the absent ballots through the same machine that counts in-person votes.

So for the Aug. 6 count, two separate absent voter count boards will be established – one for Ward 3 and one for Ward 4.

What’s different this year is compliance with Act 272 of 2012, which requires a precinct-by-precinct count within the set of absent voter ballots. The new law applies to elections that take place after July 1, 2014, but the city is complying with that procedure for this primary election.

In past years, election results for absent voter count boards were aggregated by ward, and were not broken out by precinct.  [Full Story]

Washtenaw County election commission clarity/factual review hearing (Aug. 1, 2013): Unless the decision is appealed, a recall effort against six of the seven trustees on the Ann Arbor Public Schools board of education will not be moving forward with the originally proposed ballot language.

Jody Huhn had submitted forms on July 17, 2013 to recall trustees Simone Lightfoot, Susan Baskett, Irene Patalan, Glenn Nelson, Andy Thomas, and Christine Stead. Patalan and Nelson did not attend the hearing. Three of the four trustees who did attend – Baskett, Thomas and Stead – addressed the commissioners, arguing that the recall language was not clear and not factual.

Huhn had cited four identical reasons in all six recall petitions: (1) failure to demonstrate thoughtful consideration of constituent priorities; (2) failure to demonstrate transparency in decision-making; (3) failure to demonstrate cohesive and singular direction as evidenced by consistent split voting; (4) failure to provide sufficient backing and support for district superintendent position as evidenced by high turnover rate averaging 2.25 years per term. [.pdf of recall petition language]

Board president Deb Mexicotte was not included because state election law prohibits the filing of a recall petition against elected officials who are in the first year of their term, if that term is longer than two years. Nor can such officials be recalled in the final year of their term, for terms longer than two years. Mexicotte was re-elected to a four-year term in November 2012, for the only AAPS trustee position on that ballot – so she is still serving the first year of her current term. This particular recall constraint was part of broader changes in state election law through Public Act 417 of 2012. [.pdf of Public Act 417 of 2012]

Related to item (4) in the proposed ballot language, the most recent AAPS superintendent, Patricia Green, turned in her resignation in early April after a little less than two years on the job. Her resignation took effect in mid-July.

Huhn had supported Ben Edmondson for the superintendent’s position. Edmonson, principal at district’s Roberto Clemente Student Development Center, had been one of six semi-finalists selected by the AAPS board in its current superintendent search, but was not picked as one of the two finalists. Those two finalists – Brian Osborne and Jeanice Kerr Swift – were not internal candidates. Last month the board offered the job to Osborne, but he ultimately rejected the offer. Earlier this week, the board made an offer to Swift, who has agreed to enter into contract negotiations. She currently is an assistant superintendent at a school system in Colorado Springs.

Huhn attended the recall language hearing, but declined to address the board.

The election commissioners are Donald E. Shelton, chief judge of the Washtenaw County trial court; Larry Kestenbaum, county clerk/register of deeds; and Catherine McClary, county treasurer. After hearing from three AAPS trustees, election commissioners decided to address the issue of clarity first, and if the language were deemed to be clear, they would then move on to discuss the issue of factuality. Initial steps of a recall require that ballot language be deemed clear and factual by the board of election commissioners in the jurisdiction of the elected officials who are the target of the recall.

The requirement that the language be factual was part of Public Act 417, enacted in late 2012. Early in the morning of Aug. 1, Kestenbaum sent an email to the other two election commissioners stating that he does not believe the factual-standard requirement is constitutional. [.pdf of Kestenbaum's Aug. 1, 2013 email] This is the first recall effort launched in Washtenaw County since the factual requirement became law.

After brief deliberations, the three commissioners voted unanimously that the recall language in all six petitions – which contained identical wording – lacked sufficient clarity.

McClary made a motion to address the issue of factuality, stating that the recall language did not appear to be factual. She felt it was important for commissioners to weigh in on that issue. Her motion died for lack of a second. Shelton and Kestenbaum indicated that there was no need to deliberate on that issue, since the question of clarity had already been determined and the law requires that the language must be both clear and factual. [Full Story]

Ann Arbor Area Transportation Authority special board meeting (July 23, 2013): No regular board meeting was scheduled for July, but the AAATA board called a special meeting toward the end of the month, to handle some unfinished business. That included: (1) authorization of a contract extension with Select Ride to provide required paratransit service under the Americans with Disabilities Act (ADA); and (2) authorization of a contract to move a fire hydrant at the AAATA’s headquarters at 2700 S. Industrial Highway.

The possibility of the special meeting was indicated at the AAATA’s June 20, 2013 board meeting, when CEO Michael Ford mentioned that a special session might be called to handle some routine matters – as well as issues related to the addition of the city of Ypsilanti as a member of the AAATA.

Those related issues could have included a vote to place a question on the November 2013 ballot, asking voters in the cities of Ypsilanti and Ann Arbor to approve a transit millage to be levied by the AAATA. However, at the July 23 special meeting, Ford pointed toward a May election as more likely: “Obviously we’re going to be looking for a millage at some point in the near future. November was one opportunity, but I don’t think that’s probably going to happen,” Ford told the board. “I think we’re probably looking at May, to be realistic. We’re gearing up for some potential there.”

The two cities currently levy millages that are dedicated to transit, which are then passed through to the AAATA. The ability for the renamed AAATA to levy such a millage with voter approval was a power also enjoyed by the AATA, but was never exercised. The request for additional funding – through a levy by the AAATA – is based on an AAATA plan to increase and expand service in the two cities and through establishing longer-term purchase-of-service agreements with some adjoining townships.

The authorization of a $109,000 contract with Blaze Contracting to relocate the fire hydrant was the second time the board has authorized such a contract. Last year, the board approved a deal with RBV Contracting for the work. However, the contract was not awarded, because the necessary agreements with the University of Michigan, which owns adjoining land involved in the hydrant relocation, were not in place.

The board’s action to approve the Select Ride contract – which is valued at $3,016,871 for the coming year – came under time pressure to ensure that the AAATA could continue its paratransit service. The provision of complementary paratransit service for people with disabilities – as an alternative to the fixed-route service – is a requirement of the Federal Transit Administration under the Americans with Disabilities Act. Under the negotiated terms, the third year of Select Ride’s contract includes a one-time “stabilization payment” to Select Ride of $100,000 to be paid by July 31, 2013. The contract also includes a 5% ($150,000) increase for this final year of the contract. The staff memo in the board’s information packet attributed the increases to the rising consumer price index (CPI) and to fuel costs.

The state’s local bus operating (LBO) assistance – money from Act 51 that’s allocated to transportation agencies statewide using a complex formula – was a topic that arose during the July 23 special meeting in two ways. As a result of state legislative action, the AAATA now expects $800,000 of previous decreased funding from the state’s LBO to be restored. When the Michigan Dept. of Transportation applied the distribution formula last year, it resulted in about $800,000 less funding to the AAATA – and that had an impact on the AAATA’s FY 2013 budget. The agency is currently operating on slightly less than the 3-month cash reserve required under board policy. At the July 23 meeting, it was reported that a bank transfer of $500,000 had taken place, with the remaining amount expected later.

The LBO is also a source of funding that the southeast Michigan regional transit authority (RTA) would like to use to cover administrative expenses. The RTA was created in late 2012 through a lame-duck legislative action. The RTA is supposed to coordinate transit in a four-county region (Washtenaw, Wayne, Macomb and Oakland) that includes the city of Detroit. AAATA board members expressed some disappointment during their July 23 meeting that Gov. Rick Snyder and the state legislature had created the RTA without providing for adequate initial funding. The RTA could eventual obtain voter-approved funding through a millage or a vehicle registration fee.

AAATA board members objected to the fact that LBO money was being used for the administrative overhead of the newly created RTA, instead of being used to provide transportation “on the street” by the transit agencies in the four-county region. Those include DDOT (Detroit Dept. of Transportation) and the Suburban Mobility Authority for Regional Transportation (SMART). The negative impact on the AAATA for the next year of funding for the RTA – using the state’s LBO assistance – is estimated at about $68,000. [Full Story]

Washtenaw County board of commissioners special meeting (July 24, 2013): As the staff works on developing a budget to present on Oct. 2, county commissioners have set four broad priorities to guide that process.

Those priorities, listed in order of importance, are: (1) ensure a community safety net through health and human services; (2) increase economic opportunity and workforce development; (3) ensure mobility and civic infrastructure for Washtenaw County residents; and (4) reduce environmental impact. [.pdf of budget priorities resolution] [.pdf of budget priorities memo and supporting materials]

The vote on the budget priorities resolution was 6-1, with dissent from Dan Smith (R-District 2), who indicated that his No. 1 priority is long-term fiscal stability, followed by public safety and justice. Rolland Sizemore Jr. (D-District 5) had left the meeting before the vote, and Alicia Ping (R-District 3) was absent. Although it was not part of the four priorities, a resolved clause was added during the meeting, stating that “the long-term fiscal stability of the county [will] continue to be of import throughout the budget development process.”

The resolution was brought forward by Felicia Brabec (D-District 4), who’s leading the budget process for the board. It also laid out a framework for developing strategies to measure the effectiveness of county investments in these priorities.

Brabec described this approach as “both a policy and a paradigm shift” that can’t happen overnight, but one that’s critical for the county’s future. The board is forming work groups focused on each of the four priorities, as well as on the topic of human resources. These work groups will be meeting to develop as many as five “community impact” goals in each category, in work that’s expected to continue into next year and beyond.

The July 24 meeting also included an update from county administrator Verna McDaniel about the county’s current financial condition and preliminary projections for 2014. At her last presentation, on May 15, 2013, McDaniel told commissioners that the county needed to identify $6.99 million in structural reductions for the 2014 budget. The approach to addressing this $6.99 million target depended on whether the county moved ahead with a major bond proposal to cover obligations to retirees, she said at the time. That bond proposal was put on hold earlier this month.

Now, the projected general fund shortfall is $3.93 million on a roughly $101 million budget. McDaniel indicated that the shortfall will be addressed primarily with operating cost reductions ($3.83 million) as well as $100,000 in cuts to funding of outside agencies, including support for nonprofits. The lower shortfall resulted from revised actuarial data that significantly lowered the contribution that the county is required to make toward its unfunded retiree obligations. Other factors include: (1) a decision not to make a $1 million contribution to the general fund’s fund balance; and (2) $2.4 million in higher-than-previously-anticipated revenue.

McDaniel noted that if the county had chosen to bond, then operational cuts would not be needed, and the fund balance contribution could be made. She also reported that the general fund budget doesn’t factor in serious state and federal cuts to non-general fund programs. “Revenue is needed,” she said. “We need to figure that out.”

Commissioners Yousef Rabhi (D-District 8) and Conan Smith (D-District 9) both voiced interest in exploring possible new taxes. “I think it’s important that we strongly consider asking the voters of Washtenaw County if they’re willing to support some of the ongoing operations that we have,” said Rabhi, the board’s chair. “We need to pose that question at least to the voters in the form of a millage of some kind.”

Smith cited human services and public safety as areas that might gain voter support for a millage. During public commentary, representatives from SafeHouse Center urged commissioners to continue funding of that nonprofit, as well as for human service organizations in general.

The upcoming budget will be prepared without the major bonding initiative that until earlier this month was anticipated to occur later this year. The bonding was intended to cover unfunded pension and retiree healthcare obligations – for the Washtenaw County Employees’ Retirement System (WCERS) and Voluntary Employees Beneficiary Association (VEBA). The original maximum amount for the bonds had been estimated at up to $345 million, but updated actuarial data resulted in a lower estimate of about $295 million. During the July 24 meeting, commissioner Conan Smith said it’s unlikely that bonding could occur this year, although he’s still supportive in general of taking that approach.

McDaniel plans to present the 2014 budget to the board at its Oct. 2 meeting. Commissioners are required to adopt a balanced budget for 2014 by the end of 2013. At its May 1, 2013 meeting, the board had approved development of a four-year budget. However, commissioners have not yet decided whether to follow through by adopting a budget with that four-year horizon. And some commissioners – notably Ronnie Peterson (D-District 6) – have expressed skepticism about this longer-term approach. For the past few years, budget plans have been developed for a two-year period, though the board must confirm the budget annually. [Full Story]

A preliminary analysis of pre-primary campaign finance reports for the two contested races in the Aug. 6, 2013 Ann Arbor city council Democratic primary shows a total of $29,230 in cash was raised by the four candidates combined, with the average cash contributor donating a bit over $128.

The deadline for filing pre-primary reports was July 26, for the period ending July 21.

Voters in the Democratic primary for Ward 3 will choose between incumbent Stephen Kunselman and Julie Grand as the Democratic candidate to appear on the November city council ballot. Grand raised the most cash of any candidate, getting donations from 68 contributors averaging about $160 apiece for a total of $10,825.

Kunselman raised $5,855 from 54 contributors. While that’s roughly half what Grand raised, it’s about twice what he received in the pre-primary period in 2011 ($2,750). That was a three-way race between himself, Ingrid Ault and Marwan Issa. The average contribution to Kunselman’s campaign this year was about $110.

In Ward 4, voters will choose between incumbent Marcia Higgins and Jack Eaton. Fourteen-year incumbent Higgins raised the least cash of any candidate, receiving $4,592 from 26 contributors for an average donation of $177.

Eaton raised $7,958 from 82 different contributors for an average donation of $97. That’s the greatest number of individual contributors of any candidate. Eaton’s total this time around is about twice as much as he raised for the same period in 2012 ($4,305), when he ran a close but ultimately unsuccessful race against incumbent Margie Teall.

Of the 228 total contributors for all four candidates (including those who contributed to more than one campaign), The Chronicle counted at least 57 contributions (25%) from people who are either current or past elected or appointed officials – including appointees to committees. Those contributions were evenly distributed across candidates: Eaton (16); Higgins (13); Grand (14); Kunselman (14).

Some current councilmembers have lent their financial support to candidates. Ward 4 challenger Jack Eaton is supported financially by Sumi Kailasapathy (Ward 1), Mike Anglin (Ward 5) and Jane Lumm (Ward 2). Incumbent Marcia Higgins has financial support from her wardmate Margie Teall as well as mayor John Hieftje.

Ward 3 incumbent Stephen Kunselman is also supported financial by Anglin and Lumm. Julie Grand has received contributions from Higgins and Teall.

Current and past campaign filing documents can be searched and retrieved from the Washtenaw County clerk’s web page. [.pdf of Grand's statements] [.pdf of Eaton's statements] [.pdf of Higgins' statements] [.pdf of Kunselman's statements]

Other coverage of the campaigns is categorized in The Chronicle as “2013 primary election.”

Presented below are charts of contribution counts, broken down by size of contribution, as well as maps showing the geographic distribution of contributions. [Full Story]

Ann Arbor planning commission meeting (July 16, 2013): More than 40 residents living near the proposed Glendale Condominiums showed up to voice concerns about the project, slated for a former orchard south of Jackson Avenue next to the Hillside Terrace retirement community.

In a public hearing that lasted about an hour, neighbors cited a range of issues, including concerns about increased flooding, the lack of pedestrian access, increased traffic and the loss of landmark trees. One resident told commissioners that she already has a sump pump “that could probably pump pudding to Ypsilanti, it’s so powerful.” She’s concerned it will need to run continuously if the project gets built.

The proposal for the 2.54-acre site at 312 Glendale Drive includes demolishing two single-family homes on the south end of the property and building eight two-bedroom duplexes. Each unit would include a one-car garage, with eight additional surface parking spaces on the site.

The project is located in Ward 5, and both city councilmembers representing that ward – Mike Anglin and Chuck Warpehoski – attended the July 16 meeting. Warpehoski was among the speakers at the public hearing, but was cut off by commissioner Diane Giannola, who cited the commission’s bylaws. The bylaws state: “A member of the City Council shall not be heard before the Commission as a petitioner, representative of a petitioner or as a party interested in a petition during the Council member’s term of office.” Warpehoski, who had been unaware of that rule, stepped away from the podium but stayed for the remainder of the public hearing and the commission’s deliberations on this item.

After discussing the proposal, commissioners followed a staff recommendation and postponed action on the project, to allow for time to address unresolved issues related to the site plan.

In other action, commissioners recommended approval of a drive-thru addition for the Tim Hortons at the northeast corner of Ann Arbor-Saline and Eisenhower, near the I-94 interchange. As a “public amenity,” the owner proposes putting in a 140-square-foot brick-paved area near the intersection, with two park benches and shrubbery. Some commissioners questioned whether anyone would use that spot, given its location next to heavy traffic. Wendy Woods, saying she had family nearby, indicated that there is a fair amount of pedestrian and bike traffic in that area. She also floated the idea of putting public art on that corner, given that it’s a “gateway” to the city. Sabra Briere indicated that the city wouldn’t fund public art on the privately owned site, but would “applaud” the owner if he chose to put artwork there.

Also gaining unanimous approval was a request by the Glacier Hills retirement community for adding 31 parking spaces to its property, near US-23 on the city’s east side. A representative from the nearby Earhart Village spoke against the project, saying that the parking is primarily for commercial uses, even though the area is residential. He argued that Glacier Hills is drawing customers to the property, who use the cafe there and other services, and that it negatively impacts the adjoining neighborhoods. He also complained about changes to the site that can be approved via administrative amendments, with no oversight by the planning commission. One such change – an addition to one of the Glacier Hills “villas” – is currently pending with the planning staff.

Commissioners also approved minor changes to their bylaws, and got updates on the R4C citizens advisory committee and the review of A2D2 zoning. Just prior to the July 16 regular commission meeting, the commission’s ordinance revisions committee (ORC) had met with Erin Perdu of ENP & Associates, the Ann Arbor consultant that’s been hired to handle the city council-mandated review of downtown zoning. The work includes a series of events aimed at seeking public input. Upcoming events include Thursday morning coffee hours with consultants that are open to the public from 8-10 a.m. at the new Zingerman’s Deli building, starting on July 25. And two focus groups are scheduled for next week: on Monday, July 29, 8-9:30 a.m. at Kerrytown Concert House, 415 N. Fourth Ave.; and on Tuesday, July 30, 7-8:30 p.m. at the lower level conference room in city hall, 301 E. Huron St. More events are listed on the city’s website. [Full Story]

Ward 4 voters in the Aug. 6, 2013 Democratic primary will choose between incumbent Marcia Higgins and Jack Eaton as the Democratic candidate to appear on the Ann Arbor city council ballot in November.

Each of the city’s five wards is represented with two seats on the 11-member council, which includes the mayor. The terms for council seats are two years, and one of the two seats is up for election every year.

Both candidates participated in a forum hosted by the League of Women Voters on July 10. The complete video recording of the forum, conducted at Community Television Network’s studios on South Industrial, is available online through CTN’s Video on Demand.

Questions fielded by Eaton and Higgins included topics like downtown Ann Arbor and future development, transportation, relations between the University of Michigan and the city, and interactions between councilmembers and residents.

They also responded to a debate prompt that for Ward 4 possibly could be of greater significance than those other issues – a question about flooding. In last year’s Ward 4 Democratic primary, which Eaton contested with incumbent Margie Teall, the election came about five months after heavy rains on March 15, 2012 caused overland flooding in the Lansdowne neighborhood of Ward 4. Although Eaton lost the election by a handful of votes, he was strongest in the precincts farther from downtown, where the flooding took place. Previously, Eaton had run for the Democratic nomination to represent Ward 4 in 2010, also against Teall. His showing in 2012 was a significant improvement over his 2010 result. This year marks his third campaign for Ann Arbor city council.

Higgins was first elected to the council in 1999 – as a Republican. However, she switched to the Democratic Party in 2005. She’s in her 14th year of service on the council.

This report presents responses by Higgins and Eaton to questions at the July 10 LWV forum, grouped more by theme than by chronology. [Full Story]

On Aug. 6, 2013, voters in the Democratic primary for Ward 3 will choose between incumbent Stephen Kunselman and Julie Grand as the Democratic candidate to appear on the November city council ballot.

Each of the city’s five wards is represented with two seats on the 11-member council, which includes the mayor. Every year, one of the two seats is up for election – as the terms for council seats are two years.

Both Ward 3 candidates participated in a forum hosted by the League of Women Voters on July 10. The complete video recording of the forum, conducted at Community Television Network’s studios on South Industrial, is available online through CTN’s Video on Demand.

Questions fielded by Grand and Kunselman included topics like transportation, downtown Ann Arbor, relations with the University of Michigan, public safety, alternative energy, and interactions between councilmembers and residents.

Kunselman is serving his third term on the council, having first been elected in 2006. He did not win re-election in 2008, when Christopher Taylor prevailed in the Democratic primary that year. Kunselman was returned by voters to a seat the following year, and was then re-elected in 2011. Kunselman’s campaigns – this year and in the past – have stressed his commitment to middle- and lower-income neighborhoods located farther away from the center of the city, such as his own neighborhood in the Springwater subdivision south of Packard and east of Buhr Park.

Grand, who lives a block away from Taylor in the Burns Park neighborhood, has served since 2007 on the city’s park advisory commission and is currently chair of that group. Kunselman served on the council when her nomination to PAC was confirmed. Grand’s campaign has stressed that she is a good communicator and seeks consensus, without needing to be the loudest voice.

Until the July 10 LWV forum, the contrast Grand drew between herself and Kunselman with respect to communicative style had been implicit. At the LWV forum, however, she made her criticism explicit, using her closing remarks to accuse Kunselman of focusing “on creating problems rather than solving them.” She also claimed that Kunselman had admitted that he didn’t come prepared to council meetings.

Grand responded to an email query from The Chronicle by indicating that she’d based her contention about an admission by Kunselman on her memory of a June 8 Democratic Party forum. Included in this Chronicle coverage of the LWV forum is a partial transcript of an audio recording from that June 8 event.

This report also presents responses by Grand and Kunselman to questions at the July 10 LWV forum, grouped more by theme than by chronology. [Full Story]

Ann Arbor District Library board meeting (July 15, 2013): For the second consecutive month, the AADL board held its meeting at one of the district’s four branches – this time at the Pittsfield branch on Oak Valley Drive.

Fifteen people spoke during public commentary, a much higher than usual number. About half of the speakers, including several children, were there to earn points in AADL’s summer game, and spoke about their appreciation for the library and for the game in particular. Codes, which can be used to collect points in the game, were given to anyone who showed up to the meeting or spoke at public commentary. Later in the meeting board members received a briefing on the game from Eli Neiburger, AADL’s associate director of IT and product development, who talked about its role in encouraging kids to read and write during the summer months.

The board also was briefed on the recent Kids Read Comics convention, as well as new collections of non-traditional items – like home tools and microscopes.

In his financial report to the board, Ken Nieman, AADL’s associate director of finance, noted that library ended the year about $43,000 under budget for tax revenue. That amount includes $37,000 from tax refunds that AADL had to make to the county and various municipalities throughout the year, following decisions made by local tax tribunals. AADL had expected to make $75,000 of such refunds, but refunds totaled about $112,000 for the fiscal year, which ended June 30.

AADL director Josie Parker highlighted several staff accomplishments during her report to trustees, including news that an anonymous donor has given his classic video game collection to the library. The collection – which will be used for AADL events, but won’t be in circulation – includes cartridges and discs from the 1980s and ’90s, and a few game consoles.

Parker’s own achievement was highlighted by trustee Margaret Leary during the meeting: inclusion in a new collection of essays titled “Library 2020: Today’s Leading Visionaries Describe Tomorrow’s Library.”

During public commentary, Bob Rorke – a consultant working for the Protect Our Libraries political action committee – raised questions about AADL’s decision earlier this year to hire Allerton-Hill Consulting. Referencing excerpts from emails that Protect Our Libraries obtained through a Freedom of Information Act request, Rorke argued that the consulting contract is not a generic communications audit or project – but rather it’s political. He indicated that Allerton-Hill provides political advocacy for the passing of public financing issues, and asked the board to review this contract and determine whether it’s legal under Michigan law.

Public commentary also included thanks from Robb Wolfe, executive director of the Ann Arbor Summer Festival, for AADL’s ongoing support. Other topics raised by speakers touched on the condition of the downtown library, appreciation for events hosted by the library, and a report from the recent American Library Association conference.

The meeting also included a tribute to Karl Pohrt, who died earlier this month. Trustee Ed Surovell, an avid book collector, noted that many people knew Pohrt as the founder and owner of Shaman Drum Bookshop in downtown Ann Arbor. “But he was so much more than that,” Surovell said. [Full Story]

A settlement has now been reached in a lawsuit over the placing of an anti-Israel advertisement on Ann Arbor buses. The court’s July 17, 2013 settlement order states that the parties have agreed that the case will be “dismissed with prejudice and without costs or fees.” [.pdf of July 17, 2013 settlement order]

In an email responding to an inquiry from The Chronicle, American Civil Liberties Union attorney Dan Korobkin, who represented plaintiff Blaine Coleman in the case against the Ann Arbor Transportation Authority, stated: “After the court ruled that AATA’s advertising policy was unconstitutional, AATA made significant changes to its policy based on the ruling and current case law. Both sides decided that a settlement was appropriate, and we ultimately reached an agreement that worked for everyone.”

Korobkin added: “I am able to say that Mr. Coleman did not ask for any payment as part of the settlement, and that the ACLU accepted payment for some of its expenses and attorneys’ fees.”

In 2011, the Ann Arbor Transportation Authority had refused to place the ad on its buses as a part of its advertising program. The proposed ad reads “Boycott ‘Israel’” and “Boycott Apartheid” and features an image of a spider-like creature with a skull for a head. [.pdf of image and text of proposed ad]

According to AATA controller Phil Webb, the AATA is currently projecting that its net revenue from the advertising program – which is managed under a contract with CBS Outdoor Advertising – will come to about $276,000 for the fiscal year. This is the first year of the contract with CBS Outdoor. Compared with the previous contractor, CBS is generating about 2.5 times as much revenue to the AATA. [.pdf of billings through May 2013]

The lawsuit was filed by Coleman – an Ann Arbor resident who was represented by the ACLU – over a year and a half ago, on Nov. 28, 2011.

The case had remained in the preliminary injunction phase and had not yet proceeded to trial. Before the settlement, the most recent court action had come in early June, after a four-month pause in activity. In his June 4, 2013 ruling, federal judge Mark Goldsmith did not agree with the ACLU’s argument that the preliminary injunctive relief to which Coleman was entitled should take the form of placing the ad on AATA buses. [Full Story]