Govt. Section

Skatepark Rolls; Council Bails on Talk Time

Ann Arbor city council meeting (July 15, 2013): By recent standards, the council’s roughly three-hour meeting was relatively brief.

Pie chart of meeting time spent on each item.

Of the Ann Arbor city council’s roughly 3-hour meeting, about a quarter of the time was taken up by deliberations on changes to the council’s rules (dark blue wedge), some of which would have affected public speaking time. Total public speaking time at the meeting (red wedge) was about 21 minutes, or 11% of the meeting. (Chart by The Chronicle based on time stamps of live updates filed from the meeting.)

About a quarter of that time was spent in deliberations on changes to the council’s own rules. That included a proposal to reduce the length of public speaking turns from three minutes to two minutes. After voting 10-1 – over the lone dissent of Margie Teall (Ward 4) – to eliminate the shortening of public speaking turns, the council discussed a number of the other proposed changes that had been recommended by the council’s rules committee.

Those changes include a shortening of councilmember speaking turns, adding public commentary to the council’s work sessions, moving nominations and appointments to a spot earlier on the agenda, and prohibiting the use of mobile devices for texting or phoning at the council table.

As councilmembers recognized that they would not be able to find their way to a clear consensus on the rules changes until they had longer deliberations, the council decided to postpone the item until its first meeting in September – which this year falls on Sept. 3.

So the council delayed launching itself off the lip of the legislative half-pipe to change its own internal rules. However, councilmembers took the advice of Stephen Kunselman (Ward 3) when they voted on the construction contract for a new skatepark: “Just go for it!” The unanimous vote on a $1,031,592 contract with Krull Construction came after some scrutiny led by Sally Petersen (Ward 2). Her questioning was based on the project’s additional cost, compared to its original budget.

The originally approved budget for the project was $800,000 – though the expectation was that it would cost about $1 million. The total budget now – including the construction contract, 10% contingency and $89,560 design contract – is $1,224,311, or $424,311 higher than the originally budgeted $800,000. Funds to pay for the skatepark include a $400,000 grant from the Washtenaw County parks & recreation commission, $300,000 from the Michigan Dept. of Natural Resources Trust Fund, and $100,00 raised by the Friends of the Ann Arbor Skatepark, which paid for the skatepark’s design. This particular effort by the Friends dates back to 2005.

An item added to the agenda the same day as the meeting led to considerable discussion about the relationship between the city and the University of Michigan. The council had failed on May 13 to approve a right-of-way occupancy for the university to install conduits under Tappan Street. An early departure from that meeting by Christopher Taylor (Ward 3) contributed in part to the council’s inability to achieve an eight-vote majority.

Whether an eight-vote majority is needed is the source of friction between the city and UM. Under the city charter, an eight-vote majority is required for the council to approve transactions involving an interest in land. The purpose of the conduits under Tappan Street is to connect a new emergency generator to the Lawyers Club buildings at 551 S. State St. The Lawyers Club and the generator are located on opposite sides of the street. The university’s view is that the agreement needs to convey an interest in land, something the city attorney’s office disagrees with. The council’s resolution approved on July 15 directs the city staff to renegotiate with UM.

The other item on the agenda receiving at least 15 minutes of discussion was one that granted a fee waiver for events held in Liberty Plaza. That action was prompted by public protests at previous council meetings about the possibility of charging a fee to the church that hosts Pizza in the Park – a homelessness outreach program that distributes food and other humanitarian aid.

The council handled a raft of other items, including three different contracts related to protecting the local environment. Two of the contracts include an educational component – one related to the city’s materials recovery facility (MRF), and the other to stormwater management. The third concerned monitoring the city’s now-closed landfill at Platt and Ellsworth.

The council also handled several other items related to stormwater management. Three of the items involved street reconstruction – on Stone School Road, Forest Avenue, and multiple streets in the Springwater subdivision. A fourth item approved by the council was a contract for tree planting, which will be paid for from the city’s stormwater fund.

Among other items, the council also approved the distribution of $1.2 million in human services funding to various nonprofits that do work under contract with the city.

In non-voting business, the council received an update from chief of police John Seto. He reported that through the first six months of the year, Part 1 crimes – the most serious types of offenses – are down 10% compared to last year in the city, while overall crime is down 7.5%. Seto also reported that the police department is analyzing the initial data collection from the electronic activity logs for officers.

During public commentary, the council heard from advocates for racial equity, who called for the council to take action in response to the not-guilty verdict in Florida’s Trayvon Martin shooting case. [Full Story]

County Gets Input on Bonding, Despite Delay

Washtenaw County board of commissioners meeting (July 10, 2013): A non-voting item – the county’s bonding proposal, which is now on hold – was the focus of most public commentary at the board’s July 10 meeting, which also included a previously scheduled public hearing on the topic.

Doug Smith, Washtenaw Watchdogs, Washtenaw County board of commissioners, The Ann Arbor Chronicle

Doug Smith, standing, talks with other members of the Washtenaw Watchdogs before the start of the July 10, 2013 county board meeting. (Photos by the writer.)

Several of those who spoke are affiliated with the Washtenaw Watchdogs. The group has raised concerns about the bonding and is prepared to launch a petition drive that would force the proposal to be put on the ballot for voters to approve.

The bond initiative, publicly proposed in May, 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.

However, on July 3, board chair Yousef Rabhi (D-District 8) and county administrator Verna McDaniel issued a joint statement announcing a decision not to put bond-related action items on the July 10 agenda. They cited the need to address unanswered questions, including uncertainty about the state approval process. No date has been set to reschedule action, if any, on the proposal.

In addition to the bond proposal hearing, the board held three other public hearings during its July 10 meeting: on two brownfield plans in Ann Arbor – for 544 Detroit St. and Packard Square (the former Georgetown Mall) – and for annexing land from Scio Township into the village of Dexter to accommodate the expansion of Dexter Fastener Technologies, known as Dextech. All items were subsequently approved by commissioners.

The board also gave final approval to a range of infrastructure projects totaling about $5 million for county government facilities – including redeveloping the Platt Road site in Ann Arbor where the old juvenile center was located. An amendment brought forward by Andy LaBarre (D-District 7) called for creating a 9-member advisory committee to guide the dispensation of the Platt Road site, which is located in his district. Ronnie Peterson (D-District 6) raised concerns about the authority of such a committee. He was assured that the board retains control over whether to act on the committee’s recommendations. Details of how the advisory committee will be appointed, as well as the committee’s formal mission, will require approval from the board at a later date.

In other action, the board gave initial approval to a modest increase in staff for the Washtenaw County clerk/register of deeds office – bumping up a staff position from part-time to full-time – primarily to handle an increase in processing passports and concealed pistol license applications. Commissioners also made several appointments to various boards and commissions, nominated by Rabhi as board chair. He announced he wasn’t yet ready to make nominations to the county’s historic district commission.

Also pushed back was a final vote on a notice of intent to eliminate a lump-sum budgeting approach for Washtenaw County’s court system. Initial approval for this action came on a 5-4 vote at the board’s June 5, 2013 meeting. But on July 10, Alicia Ping (R-District 3) – who had originally brought forward the proposal – asked for postponement until the board’s Oct. 16, 2013 meeting, citing communications she’d had with trial court chief judge Donald Shelton. The vote to postpone was 6-2, with dissent from Dan Smith (R-District 2) and Conan Smith (D-District 9). Rolland Sizemore Jr. (D-District 5) was absent.

In addition to feedback about the bonding proposal, commissioners heard from leaders of two nonprofits – Washtenaw Success by 6 Great Start Collaborative and Interfaith Hospitality Network-Alpha House – about the need to support human services funding. Uncertainty about the upcoming budget has caused concern among nonprofits that have been historically funded by the county.

Also during public commentary, two members of the Church of the Good Shepherd in Ann Arbor thanked commissioners and staff for quickly restoring domestic partner benefits to nine county employees, following recent court rulings that enabled the county to reinstate such benefits.

Facial hair got a minor mention at the July 10 meeting, when Rabhi told Dan Smith: “Your beard is epic – congratulations on it.” Smith used the opening to mention that he’s growing the beard for his role as Lazar Wolf in the upcoming production of “Fiddler on the Roof.” The show runs from July 19-21 at the Whitmore Lake High School Theater. He received a round of applause from the board. Peterson joked that he was glad for the explanation – Peterson had been prepared to reach out to Smith with the name of his barber. [Full Story]

July 15, 2013 Ann Arbor Council: Final

After its Monday, July 15, 2013 session, the Ann Arbor city council will depart from the more familiar rhythm of meeting every two weeks – by pausing 24 days before its next meeting on Aug. 8.

Door to Ann Arbor city council chambers

Door to the Ann Arbor city council chamber.

The longer-than-usual break stems from the regular meeting schedule, which actually calls for a meeting on the first and third Monday of the month, not every two weeks. The traditional shift from Monday to Thursday to accommodate the Tuesday, Aug. 6 Democratic primary will add three more days to the break.

Two councilmembers have primary challenges this year – incumbent Stephen Kunselman is competing with Julie Grand for the Democratic nomination in Ward 3; and incumbent Marcia Higgins is competing with Jack Eaton for the Ward 4 nomination.

At its last meeting before the Aug. 6 election, the council’s agenda is relatively full. Dominant themes cutting across several agenda items are concrete and water.

In the category of concrete, the council will be asked to approve $15,000 for the design of a section of sidewalk along Barton Drive. The council approved similar design budgets for a sidewalk on Newport Road at its Jan. 22, 2013 meeting and for a sidewalk on Scio Church Road on Nov. 19, 2012. The interest in having sidewalks was supported by petitions submitted by adjoining property owners.

The council will also be asked to accept some easements and the dedication of right-of-way near the intersection of Platt Road and Washtenaw Avenue – in connection with the Arbor Hills Crossing development, where construction is well underway. A sidewalk is to be built along Platt Road as part of the intersection work.

Sidewalks also appear in connection with an agenda item that would approve a $212,784 engineering services contract with CDM Smith Michigan. The contract covers design for a street reconstruction project in the Springwater subdivision, located southeast of Buhr Park, south of Packard Road. The work is scheduled for FY 2014-16, and includes the construction of new sidewalks.

The council will also be asked to approve a $965,990 contract with MacKenzie Co. for street reconstruction between South University Avenue and Hill Street on Forest Avenue. The scope of the project includes the reconstruction of sidewalk.

Adding to the concrete on the agenda is the $1,031,592 construction contract with Krull Construction to build a concrete skatepark at Veterans Memorial Park. Among the features of the skatepark will be pools and bowls.

Although they won’t be skate-able, bowls show up in another agenda item that asks the council to approve $216,000 for renovations of 13 restrooms in the old city hall building. The bathrooms are 50 years old.

In the category of water, the council will be asked to approve a $33,743 annual contract with the Huron River Watershed Council to assist in compliance with the city’s stormwater permit from the Michigan Dept. of Environmental Quality. HRWC’s work includes public education efforts, water quality monitoring and reporting assistance.

Stormwater is also on the agenda in the form of a Stone School Road reconstruction project. Of the $4 million project total, $1.2 million of it involves stormwater work on the county drain north of Ellsworth Road between Varsity Drive and Stone School Road. The council will be asked to approve a petition to the office of the county water resources commissioner for a loan under the state’s revolving fund (SRF) program. If approved by the state, the loan repayment would come from the city’s stormwater fund.

A loan that’s already been secured through the SRF will pay for another item on the agenda – a $509,125 contract with Margolis Companies Inc. for the purchase and planting of trees, as well as stump removal along city streets. The stormwater fund is used for this work because of the positive impact trees have on stormwater runoff.

Water also shows up in a consent agenda item that asks the council to approve a $43,788 annual contract with the Ecology Center to give tours of the city’s materials recovery facility (MRF). The cost of the contract is split 60%-40% between the solid waste fund and the drinking water fund. The drinking water funding is related to a Michigan Dept. of Natural Resources requirement that the city engage in source water protection educational efforts.

Leftover business from the council’s July 1, 2013 meeting includes changes to the council’s rules and the approval of the State Street corridor plan. Rules changes include reductions in speaking times for public commentary as well as for councilmembers.

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]

Greenbelt Commission Elects New Leaders

Ann Arbor greenbelt advisory commission meeting (July 11, 2013): GAC’s first meeting of the fiscal year was relatively brief, lasting less than an hour – including about 35 minutes in closed session to discuss possible land acquisition.

Jennifer Fike, Archer Christian, Ann Arbor greenbelt advisory commission, The Ann Arbor Chronicle

From left: Ann Arbor greenbelt advisory commissioners Jennifer Fike and Archer Christian. Fike was attending her first meeting as a GAC member. (Photos by the writer.)

It was the first meeting for the newest commissioner, Jennifer Fike, who replaced Laura Rubin. The last meeting for long-time commissioners Rubin, Dan Ezekiel and Tom Bloomer was on June 6, 2013. Jean Cares, owner of the Dexter Mill, was nominated at the Ann Arbor city council’s July 1 meeting to replace Bloomer, with a confirmation vote expected by the council on July 15.

Also on July 15, John Ramsburgh’s name is expected to be put forward to replace Ezekiel, with a confirmation vote on Aug. 8. If those two appointments go through, all seats on the greenbelt advisory commission would be filled.

Commissioners elected new officers on July 11, unanimously voting for Catherine Riseng as chair and Shannon Brines as vice chair. Both work at the University of Michigan’s School of Natural Resources & Environment. Riseng, an aquatic ecologist, is a research program manager at SNRE, while Brines is manager of SNRE’s environmental spatial analysis (ESA) lab. Brines also runs Brines Farm near Dexter.

At their July 11 meeting, commissioners also received news about the city’s 2013 application to the federal Farm and Ranchland Protection Program (FRPP). The city is receiving grants totaling about $220,000 for land preservation of two properties in Lodi Township: (1) a portion of the Donald Drake farm along Waters Road; and (2) the Carol Schumacher farm along Pleasant Lake Road. [Full Story]

Waste as Resource: Ann Arbor’s 5-Year Plan

Initially scheduled for consideration earlier this summer, a new five-year solid waste plan may now see action by the Ann Arbor city council sometime this fall, according to solid waste manager Tom McMurtrie.

Recycle Ann Arbor booth at the annual Mayor's Green Fair held on June 14, 2013 this year.

The Recycle Ann Arbor booth at the annual Mayor’s Green Fair held this year on June 14. The relative size of the containers reflects the goals for the amount of compostables, recyclables and material to be landfilled. (Photos by the writer.)

The council will be asked to adopt a draft plan that includes a number of initiatives, including goals for increased recycling/diversion rates – generally and for apartment buildings in particular. A pilot program would add all plate scrapings to the materials that can be placed in the brown carts used to collect compostable matter.

And if that pilot program is successful, the plan calls for the possibility of reducing the frequency of curbside pickup – from the current weekly regime to a less frequent schedule. Also included in the draft plan is a proposal to relocate and upgrade the drop-off station at Platt and Ellsworth. The implementation of a fee for single-use bags at retail outlets is also part of the plan.

City staff had originally intended to place the adoption of the solid waste plan on the council’s legislative agenda much earlier than this fall. The work on updating the plan had already begun over 18 months ago, in January 2012. And a bit more than a year later, on Feb. 28, 2013, the city’s environmental commission had voted to recommend that the city council adopt the plan.

This article begins with a look at one reason for the delay – which was not related directly to the plan itself. That’s followed by a brief look at the solid waste fund, which pays for the collection of trash, recyclable materials and yard waste.

Revenue to the fund is then considered in terms of the idea that solid waste is a resource, something that’s reflected in the title of the proposed update to the city’s solid waste plan: “Waste Less: City of Ann Arbor Solid Waste Resource Plan.” In particular, this report looks at a recent $2.50/ton negative impact the fund recently needed to absorb – due to the cancellation of a contract with the company that was purchasing the recycled glass product from Ann Arbor’s materials recovery facility (MRF).

Even though prospects for replacing the contract with a different buyer appear good, the cancellation of that contract highlights a significant consideration: Waste collection services in a local municipality depend in part on revenues that are subject to market forces that can lie beyond the direct control of that municipality.

So one section below takes a look at prospects for developing more influence on the markets – at the level of state economic development efforts. That includes the unintended negative impact that an expansion to the state of Michigan’s bottle bill could have on revenues to local MRFs. One argument for the bottle bill’s expansion is that it will reduce litter from newer types of containers. That’s also one argument for the possible local plastic bag fee recommended in the draft solid waste plan.

Beyond financial viability, success is also defined in the five-year plan partly as increased “diversion rates.” So this report also looks at that statistic and what it actually means. [Full Story]

Planning Group Strategizes on Downtown

Two major downtown projects – the possible sale of the former YMCA lot, and a review of the A2D2 zoning – were the main focus at a July 9 working session of the Ann Arbor planning commission.

Ann Arbor planning commission, The Ann Arbor Chronicle

Looking east at the former YMCA lot, which has been owned by the city since 2003 and is used as a surface parking lot. The street in the foreground is Fourth Avenue. William Street is on the right. The reddish brown building at the opposite end of the lot – across Fifth Avenue – is the Ann Arbor District Library. To the left is the construction site for the new Blake Transit Center.

Planning manager Wendy Rampson updated commissioners on the city council-mandated review of downtown zoning. Ann Arbor-based ENP & Associates – consultants Erin Perdu and Megan Masson-Minock – are being hired to handle the process under a $24,500 contract with the city.

The primary concern for the council, as reflected in its April 1, 2013 resolution, is the downtown D1 zoning – which provides for the highest density allowed in city, with the tallest possible buildings. The concern was heightened by the controversial 413 E. Huron development, which the council approved on May 13, 2013. That site, located on a major transit corridor, but also next to a residential neighborhood, is zoned D1.

Rampson described the upcoming work as “fast and furious,” with a deadline of Oct. 1 to deliver recommendations to the council. The consultant will work initially with the commission’s ordinance revisions committee, which next meets on Tuesday, July 16 at 5:30 p.m. in the first floor south conference room at city hall, 301 E. Huron.

Zoning was also a point of discussion regarding the former Y site at 350 S. Fifth, across from the downtown Ann Arbor District Library and south of Blake Transit Center. The city council is exploring whether to sell that city-owned property, which was zoned D1 as part of the original A2D2 process. Colliers International and local broker Jim Chaconas have been selected to handle the possible sale, as the city faces a $3.5 million balloon payment this year from the purchase loan it holds on that property.

Bonnie Bona floated the idea of developing recommendations to the council regarding what planning commissioners think the city should require in a sale of that site. “I think we have a responsibility as planning commissioners to give them planning advice,” Bona said. Other commissioners agreed, and the item will likely be on the agenda for the group’s Aug. 13 working session for a fuller discussion.

The 2.5-hour July 9 session also included a presentation by two Ann Arbor public art commissioners – John Kotarski and Bob Miller – about the finalists for artwork at the East Stadium bridges. And commissioners were updated by Rampson about the status of various projects and developments. This report focuses only on the Y lot and A2D2 discussions. [Full Story]

Hampton Inn Progresses, U-Haul Project Slows

Ann Arbor planning commission meeting (July 2, 2013): In their first meeting of fiscal year 2014, planning commissioners recommended approval of a new Hampton Inn on Jackson Avenue, but postponed a proposed expansion of the U-Haul business on South State Street.

Jeremy Peters, Paras Parekh, Ann Arbor planning commission, The Ann Arbor Chronicle

From left: Jeremy Peters and Paras Parekh cast their first votes as Ann Arbor planning commissioners on July 2, 2013.

The proposal for a Hampton Inn at 2910 Jackson Ave., across the street from Weber’s Inn and next to Clarion Inn, had been postponed at the commission’s June 18, 2013 meeting. The owner was asked to address concerns over pedestrian access within the site.

A June 28 letter from Andy Wakeland, the project’s civil engineer, outlined several changes that the design team made in response to commissioners’ concerns. [.pdf of Wakeland’s letter] The changes include building a wood chip path with a picnic table area along the front wooded area of the site, connecting to two previously proposed entrances from Jackson Avenue. The plan now also includes an alternate pedestrian route at the west entrance, crossing the front parking lot in a more direct route to the hotel’s front door. Several commissioners praised the changes and thanked the development team for being responsive.

In other action, commissioners followed the planning staff’s recommendation and voted to postpone a proposed $1.2 million expansion to the U-Haul business at 3655 S. State St., south of the I-94 interchange. Commissioners spent about an hour raising concerns and asking questions, many related to landscaping, site visibility, and how the site will look from South State Street after the changes are made.

This was also the commission’s annual organizational meeting, when officers are elected and bylaws are reviewed. Kirk Westphal and Wendy Woods were re-elected chair and vice chair, respectively, and Ken Clein was elected secretary, replacing Bonnie Bona. Planning manager Wendy Rampson introduced staff recommendations for changes to the bylaws, including an item regarding the provision of special accommodations for the public, such as a sign language interpreter. The proposed amendment would change the advance notice required for special accommodations from 24 hours to 48 hours. This change is consistent with recent changes adopted by the city clerk’s office, according to Rampson.

July 2 was the first meeting for two new planning commissioners: Jeremy Peters and Paras Parekh. They were appointed last month by the Ann Arbor city council for terms ending June 30, 2016. The former commissioners whose seats they filled – Tony Derezinski and Eric Mahler – were on hand to receive recommendations of appreciation. Derezinski said he was reminded of an old saying from law school: Whoever loves good laws and good sausage should observe neither in the making. “Well, we made a lot of great sausage here,” he said. [Full Story]

Sidewalk Issue Paused, Video Law Stopped

Ann Arbor city council meeting (July 1, 2013): In a meeting that featured land use and planning as a main theme, the council chose to put off final decisions on two significant issues.

A cross-lot path that leads from Roon the Ben in the Turnberry neighborhood to the ballfields for Scarlett-Mitchell schools. A pending ordinance change could eventually place responsibility for capital repairs on the city, but give homeowners the responsibility of shoveling snow.

A cross-lot path that leads from Roon the Ben in the Turnberry neighborhood to the ballfields for Scarlett-Mitchell schools. A pending ordinance change could eventually place responsibility for capital repairs on the city, but give adjacent property owners the responsibility of shoveling snow. (Photos by the writer.)

First, councilmembers postponed a decision on a change to the definition of “sidewalk” in the city code – which would have implications for the adjacent property owners of “cross-lot paths.” While the definitional change would allow the city to take responsibility for capital repairs on such cross-lot paths – using sidewalk repair millage funds – it would place the burden of winter snow shoveling on adjacent property owners.

That division of responsibility for repair and maintenance is one that’s now familiar to owners of property adjacent to sidewalks that run next to a road or a street. Given the number of open questions about how logistics would actually work, and concerns expressed during the public hearing on July 1 as well as at a previous public meeting on the topic, the council decided to postpone a final vote until Oct. 7, 2013.

Second, the council postponed a vote on adding the South State Street corridor plan to the city’s master plan, which consists of several separate documents. The city planning commission has already voted to adopt the corridor plan as part of the master plan. It’s one of the few issues on which the planning commission does not act just as an advisory body that makes recommendations to the council. For the master plan, the council and the planning commission must adopt the same plan. The postponement came in deference to a request from Marcia Higgins (Ward 4). The area of the study lies in Ward 4, which she represents.

Despite the postponement, the South State Street corridor plan still had an impact on a decision made by the council – to deny a rezoning request for the parcel at 2271 S. State St. The change in zoning would have allowed the parcel to be used for car sales. That use isn’t consistent with the recommendations in the corridor plan, and the planning commission had recommended against rezoning on that basis. Even though it was just the initial vote on the rezoning – an occasion when councilmembers sometimes will advance an ordinance change to a second reading in order to allow a public hearing to take place – the rezoning request got no support on the council.

In contrast, the initial rezoning requested for the Kerrytown Place project – an 18-unit townhouse development at the location of the former Greek Orthodox church on North Main Street – received unanimous approval at the council’s July 1 meeting.

Also related to land use, the council reconstituted a 12-member citizens advisory committee to study the R4C zoning area. The re-establishment of the group, which was originally appointed in 2009, comes after the planning commission had voted at its April 16, 2013 meeting to send recommendations to the city council for revisions to the R4C zoning areas. The recommended revisions were not the actual ordinance language. That language would need to be written after councilmembers sign off on the general recommendations. No action is expected by the council until the committee has met two or three times.

Another committee reconstituted by the council on July 1 was a group to sort through some contentious issues between the council and the Ann Arbor Downtown Development Authority. The council has postponed until Sept. 3 a final decision on a change to Chapter 7 of the city code, which regulates the DDA’s tax increment finance (TIF) capture. The four councilmembers on the committee are: Christopher Taylor (Ward 3), Stephen Kunselman (Ward 3), Sally Petersen (Ward 2) and Jane Lumm (Ward 2). Two days later, at its regular monthly meeting, the DDA’s complement was appointed: Roger Hewitt, Bob Guenzel, Joan Lowenstein and Sandi Smith.

A proposed video privacy ordinance that was on the council’s July 1 agenda did not win sufficient support to advance to a second reading. The proposal would have regulated the way that public surveillance cameras could be used by local law enforcement officials. Although the vote was 5-4 in favor, that fell short of the six-vote majority it needed on the 11-member body. So the council voted down the video privacy ordinance on its initial consideration – having postponed the issue several times previously.

The council also decided to delay adoption of amendments to its own internal rules – out of deference to two councilmembers who were absent from the meeting: Sally Petersen (Ward 2) and Margie Teall (Ward 4). Highlights of the rule changes include the addition of a public commentary opportunity at council work sessions, and reduction in the time per turn for the public from three to two minutes. A change in councilmember speaking times equates to a reduction from eight minutes to five minutes total per item for each councilmember.

The council handled a number of other items during the meeting, including the adoption of the 2009 International Fire Code, a location change for the Ward 2 Precinct 8 polling place, approval of a special assessment to help pay for sidewalk and curb improvements along Miller Avenue, and confirmation of appointments to boards and commissions. [Full Story]

DDA OKs Capital Projects, Art Fair Trolley

Ann Arbor Downtown Development Authority monthly board meeting and annual meeting (July 3, 2013): In its voting business, the DDA board allocated a total of $550,000 for capital projects – either planning for future work or actual current projects.

Sandi Smith was elected by her colleagues a chair of the Ann Arbor Downtown Development Authority board at its July 3, 2013 annual meeting. Here she's showing off the DDAs new website with her tablet.

Sandi Smith was elected by her colleagues as chair of the Ann Arbor Downtown Development Authority board at its July 3, 2013 annual meeting. Here she’s showing the DDA’s new website on her tablet. (Photos by the writer.)

The board also approved a $59,200 grant to support the formation of a business improvement zone in the South University area. A “trolley” for the upcoming art fairs also received $10,000 worth of support, in action taken by the board.

The capital projects included $50,000 for repair of sidewalk-related amenities that aren’t covered by the city’s sidewalk millage. In addition, the board allocated $200,000 for a streetscape framework planning project. Board action also included $300,000 for the replacement of light poles on Main Street.

The light pole replacement is one source of current friction between the city and the DDA – as the expectation of the city had been that the entire $516,000 project would be paid for by the DDA. But the result of wrangling over the DDA’s FY 2014 budget – given approval by the council on May 20 – was a transfer of $300,000 from the DDA’s TIF fund to the DDA’s housing fund. So the DDA’s position is that it can’t fund the entire light pole replacement project, because of that transfer to the housing fund.

The light pole question is related to the general issue of DDA finances and the revenue it receives through tax increment finance (TIF) capture of taxes – from entities that levy those taxes in the DDA district. Elected as chair at the annual meeting – which immediately followed the board’s monthly meeting – Sandi Smith will face the resolution of the TIF revenue issue as one of her first challenges.

The outstanding issue concerns the way that the DDA administers Chapter 7 of the city code of Ann Arbor – which regulates the DDA’s TIF capture. This spring the Ann Arbor city council gave initial approval to a revision to Chapter 7. The council’s action, if given final approval, would prevent the DDA from giving the code an interpretation that doesn’t recognize a cap on TIF revenue that is expressed in Chapter 7. The amendment to the ordinance would return several hundred thousand dollars a year to other taxing authorities from which the DDA captures taxes. Those entities include the Ann Arbor District Library, Washtenaw Community College, Washtenaw County and the city of Ann Arbor.

The council has postponed final action on the matter until Sept. 3, 2013. Between now and then, the council’s expectation is that a joint DDA-council committee will meet and make recommendations on the Chapter 7 issue.

At its July 1 meeting, the city council appointed four members to its committee: Christopher Taylor (Ward 3), Stephen Kunselman (Ward 3), Jane Lumm (Ward 2) and Sally Petersen (Ward 2). And at the July 3 monthly meeting, outgoing DDA board chair Leah Gunn appointed the DDA’s committee: Bob Guenzel, Roger Hewitt, Joan Lowenstein and Sandi Smith.

Another point of recent budgetary friction between the city and the DDA was raised briefly at the July 3 board meeting. In a formal resolution, the city council had encouraged the DDA to allocate money to fund downtown beat patrol police officers. For its part, the DDA has for a few years already been mulling the question of some kind of additional security – either in the form of ambassadors, community standards officers or police officers. At the July 3 meeting, DDA board members indicated they would continue to mull that range of options, but seemed disinclined to commit to funding police officers.

The board also heard a range of routine reports on July 3, including the monthly parking revenue report. The DDA manages the city’s public parking system under a contract with the city of Ann Arbor. In the future, it was announced, the report will be delivered only on a quarterly basis. Also related to parking policy, a tentative pilot project was announced that could change the basic approach the DDA takes to selling monthly parking permits. The idea would be to assign permit eligibility only to property owners in a defined geographic area. The number of permits would depend on the number of square feet of property – independent of uses such as office, residential, retail, etc. Currently, the DDA uses a first-come-first-served system for individuals, with a waiting list.

The DDA’s monthly meeting marked a transition on the board, as two board members were bid farewell. Newcombe Clark served one four-year term. He’s making an employment-related move to Chicago. Leah Gunn concluded nearly 22 years of service on the board. She finished out her time on the board as chair. [Full Story]

Work Progresses on Public Housing Overhaul

The Ann Arbor housing commission board was updated recently about efforts to renovate and redevelop the city’s public housing properties, a massive undertaking that’s been in the works for more than a year.

Lori Harris, Norstar Development, Ann Arbor housing commission, The Ann Arbor Chronicle

Lori Harris, Norstar Development senior project manager, describes a potential site plan for redeveloping the Ann Arbor housing commission’s North Maple complex. Harris and Norstar president Rick Higgins attended the AAHC board’s June 19, 2013 meeting. (Photos by the writer.)

Norstar Development president Rick Higgins and Lori Harris, the firm’s senior project manager, briefed commissioners at the board’s June 19, 2013 meeting. The board had selected Norstar as a co-developer for this overhaul in January.

Norstar’s presentation included a review of the two low-income housing tax credit applications that the AAHC plans to make in August to the state of Michigan. The applications will cover a total of five public housing properties: Miller Manor, South Maple, Baker Commons, Hikone and Green/Baxter complexes. These properties make up the bulk of public housing units in the AAHC portfolio – 248 out of a total 326 units.

If approved, the tax credits would provide a large funding source for renovating those properties. It’s part of Norstar’s effort to help AAHC convert Ann Arbor’s public housing units into public/private partnerships through a new rental assistance demonstration program, known as RAD, offered by the U.S. Dept. of Housing and Urban Development (HUD). AAHC was accepted into the program late last year. The goal is to allow AAHC to use private financing for capital improvements in its existing housing stock, which is decades-old and in need of major upgrades.

The Ann Arbor city council signed off on this process by unanimously passing a slate of resolutions at its June 3, 2013 meeting. One of the most crucial actions was approval of an ownership transfer for public housing properties – from the city of Ann Arbor to the housing commission. AAHC has managed, but does not own the properties.

As part of the tax credit application review process, Norstar representatives described the financing and legal structure to be used in renovating these first five properties. Among the challenges is the potential need for significant asbestos abatement at most of the locations, as well as major HVAC infrastructure upgrades at Miller Manor. Higgins indicated that he’s somewhat worried about the budget for these renovations, and thought it might be necessary to seek additional funding from the city and other sources.

In addition to the five initial properties that will be renovated, Norstar also is developing site plans – working with AAHC and the city’s planning staff – for four AAHC complexes that will likely be demolished and, with some exceptions, rebuilt: North Maple Estates, Platt Road, White/State/Henry, and Broadway Terrace. Redevelopment of these sites, particularly at North Maple Estates and on Platt Road, is expected to add 26 new units to the city’s low-income housing stock.

Related to this conversion process, no action was taken by the AAHC board on June 19 . Jennifer Hall, AAHC executive director, told commissioners that she plans to bring forward a voting item for them at their July 17 meeting – related to amending the city’s RAD application. The original application covered only about 80% of AAHC properties, but now the goal is to include all properties in the RAD conversion. Hall noted that because Norstar representatives were in town on the date of the June 19 board meeting, she’d asked them to brief commissioners on the redevelopment efforts so far. [Full Story]

County to Push Back Vote on Bond Proposal

Action on a controversial bond proposal to cover unfunded pension and retiree healthcare obligations will not take place at a July 10, 2013 meeting of the Washtenaw County board of commissioners as had originally been planned. The decision not to put bond-related items on the July 10 agenda was made this week and announced on Wednesday, July 3.

Washtenaw County board of commissioners, The Ann Arbor Chronicle

County administrator Verna McDaniel, standing, at a June 27, 2013 public forum to discuss a major bonding proposal. Seated from the left are county commissioners Yousef Rabhi and Andy LaBarre, and former Ann Arbor Public Schools trustee Bob Rorke.

A joint statement by board chair Yousef Rabhi and county administrator Verna McDaniel, posted on the county’s website late Wednesday afternoon, cited the need to address questions and concerns that had been raised by commissioners and the public, as well as uncertainty related to the state approval process that’s required for this type of bonding.

Just last week, McDaniel held a public forum to provide information about the bonding process. At the June 27 forum, which was attended primarily by county staff and former or current elected officials, McDaniel presented only two options: (1) issue bonds to cover the full amount of unfunded liabilities, estimated to total more than $250 million, or (2) implement dramatic cuts in county services and programs.

This had been the administration’s approach since first publicly floating the idea in mid-April, and since work started on the plan privately in November 2012. A website devoted to the bond proposal, posted last month, includes a list of potential cuts to discretionary programs if the bonding did not move forward. The cuts include items like the elimination of 12 sheriff deputy road patrol positions and cutting the Washtenaw Health Plan. [.pdf of discretionary cuts] [.pdf of implications for county funding to outside agencies]

A public hearing on the bond proposal was held on June 5, and the board had voted to schedule another public hearing – to be held on July 10. The June 5 public hearing drew four people who all expressed caution about the possible action, as some attendees suggested a millage or additional budget cuts to cover the retiree obligations – instead of bonding.

Some commissioners have also asked whether alternatives to a bonding approach might also be viable, but the administration has not provided other options. The plan put forward by the administration was to bond for up to $345 million, although officials believed the amount would be lower than that, pending an updated actuarial report. A preliminary report, delivered late last month, has set the total of unfunded liabilities at $295,115,000 according to Rabhi.

This is the second time that action has been pushed back. Items related to the bonding proposal were originally slated for the May 15, 2013 agenda, but Rabhi pulled those items from the agenda after concerns were raised that the process was moving too quickly for adequate public input and board deliberation. [Full Story]

July 1, 2013 Ann Arbor Council: Final

Land use is frequently a dominant theme of Ann Arbor city council meetings – and the July 1, 2013 meeting agenda fits that pattern.

Door to Ann Arbor city council chambers

Door to the Ann Arbor city council chamber.

The council will be giving final consideration to an ordinance change that expands the definition of “sidewalk” – to include any sidewalks the city has formally accepted for public use. The change has implications for owners of property adjacent to several “cross-lot paths” in the city – which are on the meeting agenda for acceptance for public use.

One consequence of the definition change is that those property owners will not be responsible for the repair of those paths – because the paths will be eligible for sidewalk millage repair funds. But the adjacent property owners would become responsible for clearing snow from the paths.

Also related to land use on the meeting agenda are rezoning requests associated with two proposed developments. Up for an initial vote is the rezoning from PUD (planned unit development) to D2 (downtown interface) for the parcels on North Main and Fourth Avenue where Kerrytown Place is planned. The 18-unit townhouse development is much smaller than The Gallery, for which the PUD zoning had originally been approved.

Also up for initial consideration is a rezoning request for 2271 S. State St., where the owner would like to be able to sell automobiles. The planning commission recommended denial of that request, in part because that land use was not felt to be consistent with the draft South State Street corridor plan. At its July 1 meeting, the council will also be asked to adopt that corridor plan.

The re-establishment of a citizens advisory committee on changes to R4C zoning in the city also appears on the meeting agenda. The origins of that committee date back to 2009. The reconstitution of the 12-member committee comes as the planning commission has recommended changes to R4C zoning that the council will be weighing – to decide if ordinance language should be drafted to reflect those changes.

Another committee with its origins in 2009 is set to be reconstituted at the council’s July 1 meeting, but it’s not related to land use. The council will be asked to re-establish a “mutually beneficial” committee to work through recommendations to changes in the city ordinance that regulates the Ann Arbor Downtown Development Authority’s tax increment finance (TIF) capture. The council has already given initial approval to some ordinance changes. Committee members will be working with their DDA counterparts with a two-month window of time – because the council has postponed final action on DDA ordinance changes until Sept. 3.

The council will also be asked to take an initial vote on a video privacy ordinance, having postponed that initial vote several times previously.

And finally, Ward 2 will not have a city council primary election a month from now, but it appears on the agenda in connection with polling places. The Precinct 2-8 polling location will be changed for all future elections to the First United Methodist Church on Green Road.

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]

Column: Rules, Parking, Transportation

At its July 1, 2013 meeting, the Ann Arbor city council will consider and likely adopt a new set of rules affecting meeting mechanics.

Flags flying over Pittsfield Township Hall on June 27, 2013: Political winds were also blowing – but indoors.

Flags flying over Pittsfield Township Hall on June 27, 2013. Political winds were also blowing (indoors, and not quite as hard) at a meeting also attended by representatives of Ypsilanti, Ann Arbor, Saline and Ypsilanti Township – on “urban core” transportation.

Easiest to quantify are rule changes affecting speaking time limits. For the public, the time per speaking turn will drop across the board – from three minutes to two minutes. For each councilmember, the total speaking time per item of debate will drop from eight minutes to five minutes.

Whether those quantitative changes will have a qualitative impact on the city council’s meetings is an open question. More likely to have a positive qualitative effect, I think, is a rules change that adds an opportunity for public commentary at the council’s work sessions.

The exchange of viewpoints among councilmembers during those work sessions is currently tentative and spare, often in the guise of merely asking a question. That’s because Michigan’s Open Meetings Act does not allow a gathering of councilmembers to include deliberations, unless an opportunity is provided for the public to address the council. By giving the public an opportunity to comment during those sessions, councilmembers will be free to engage in unfettered exchanges of viewpoint. And that will be a benefit to the public and to the city staff.

However, in this column I’d like to focus on a different proposed amendment to the rules – one that could potentially improve local governance, not just change what happens at city council meetings.

Among the rules changes is one that would move the mayor’s communications from a slot on the meeting agenda after all regular business to one that precedes all regular business. That’s important because the mayor’s communications include nominations to boards and commissions. That agenda slot also includes the council’s vote to confirm those appointments – typically at the following council meeting. This rule change will ensure that interested residents will not need to stay up until midnight or 3 a.m. – or whenever the council finishes its voting business – to find out who the mayor has nominated.

And that bit of extra spotlight on the nominations could lead to an interest on the part of the mayor – whoever might hold that position – in offering a better explanation of each nomination. It’s reasonable, I think, to get a better explanation than the kind we typically hear – generally a brief comment at the end of a meeting, when everyone is barely awake.

For example: What is it about the nominee’s philosophical orientation to the board’s subject matter that makes this person a good fit for the position? How was it that this person came to be chosen? Who is this person? To the extent that residents are given a clearer idea of how and why nominations are made to boards and commissions, that might increase the inclination of other qualified residents to offer their service.

In the near future, nominations to two significant boards will be made by mayor John Hieftje. One nomination is needed due to the expansion of the Ann Arbor Area Transportation Authority’s board – from seven to nine members. Of the two additional seats, the city of Ypsilanti will make one appointment. For that seat, Ypsilanti mayor Paul Schreiber will be nominating Gillian Ream at the Ypsilanti council’s July 2 meeting. Hieftje will be making the nomination for the other new AAATA seat. He will also need to make nominations to replace two departing members from the board of the Ann Arbor Downtown Development Authority – Leah Gunn and Newcombe Clark.

The public policy areas of the two boards overlap – not just because transportation is related to land use and development. The overlap also stems from the fact that the DDA manages the city’s public parking system, and the availability of parking is integral to the area’s transportation system.

So in this column, I’d like to sketch out some current policy issues to be faced by new appointees to the boards of these organizations. For the AAATA board, a pressing question will be: Should we ask voters to approve an additional transportation millage in November 2013? For the DDA board, an ongoing question will be: What’s an appropriate balance among users of the parking system – downtown residents, retail customers, and employees of downtown businesses?

But first, a little history. [Full Story]

Public Art Group Weighs Revamping Awards

Ann Arbor public art commission meeting (June 26, 2013): Much of the discussion at AAPAC’s most recent meeting focused on the themes of outreach and public engagement.

John Kotarski, Ashlee Arder, Ann Arbor public art commission, The Ann Arbor Chronicle

Ann Arbor public art commissioners John Kotarski and Ashlee Arder at AAPAC’s June 26, 2013 meeting. Arder was shooting B-roll for a video she’s making about the commission. (Photos by the writer.)

As part of that, a proposal to overhaul the Golden Paintbrush awards – the city’s annual recognition of individuals and organizations who support public art in Ann Arbor – received the most attention. Commissioners John Kotarski and Connie Brown had recommended four categories of public recognition to replace the Golden Paintbrush, including a lifetime achievement award, a “Random Acts of Art” award, and public art awards to be presented at a formal social event that was described as an “Academy Awards-type” ceremony.

Although there was general consensus that the Golden Paintbrush needs to be improved, some commissioners felt that the proposed public recognition program was overreaching at this point. Malverne Winborne worried about “scope creep” – going too far afield of AAPAC’s role. Marsha Chamberlin thought that making some changes to the Golden Paintbrush, including a new name, could serve the same purpose. Ultimately, commissioners decided to give the proposal more thought before acting on it.

Also related to public engagement, Kotarski and AAPAC chair Bob Miller reported on efforts to get input on proposals by four finalists for artwork at the East Stadium bridges. The two men have been making presentations to a variety of groups, and are seeking feedback via two online surveys – one on Survey Monkey, another on A2 Open City Hall. Commissioners also talked about having a regular table at the Sunday artisan market and increasing their use of social media, including the commission’s Facebook page and Twitter account – @AAPublicArt. AAPAC also will have a table at the July 15 Townie Street Party.

In other action, commissioners voted to create exploratory task forces for possible projects at Arbor Oaks Park in southeast Ann Arbor, and at the wastewater treatment plant on Dixboro Road in Ann Arbor Township. Craig Hupy, the city’s public services area administrator, had approached AAPAC about the possibility of incorporating public art into the wastewater treatment project. He noted that of the remaining amount in the Percent for Art funds, much of it came from wastewater-related projects, and must be spent on public art with a “nexus” to wastewater. [Full Story]

Planning Group Highlights Pedestrian Issues

Ann Arbor planning commission meeting (June 18, 2013): The desire to make a proposed Hampton Inn more accessible to pedestrians and bicycles resulted in a unanimous vote by planning commissioners  to postpone the project, located on Jackson Avenue near Weber’s Inn.

Tony Derezinski, Eric Mahler, Ann Arbor planning commission, The Ann Arbor Chronicle

From left: Tony Derezinski and Eric Mahler attended their last meeting as planning commissioners on June 18. Mahler has been appointed to the board of the Ann Arbor Transportation Authority. Derezinski was not re-appointed to the commission, and is expected to be replaced by Jeremy Peters. Mahler’s replacement is Paras Parekh. (Photos by the writer.)

Commissioners had been asked to recommend approval of a “planned project” site plan, amended development agreement and modifications to the city’s landscaping requirements. This kind of project requires a public benefit, and commissioner Bonnie Bona argued strongly that the benefit should be a site that’s pedestrian- and bicycle-oriented. It’s especially important given Ann Arbor’s standing as one of the top 10 cities in the country for bicycle use, she said, and given that demand for pedestrian amenities will only increase. But as designed, sidewalks are an afterthought and their configuration within the site doesn’t make sense, Bona said. “There has got to be a better way.”

Bona said she couldn’t support this project unless the site plan addressed that design deficit. She proposed postponing it so that modifications could be explored, and other commissioners agreed – despite urging from the design team to recommend approval.

The meeting’s other main agenda item entailed adopting a master plan resolution and list of resource documents used to support the master plan. This is part of an annual evaluation of the master plan that’s required by the commission’s bylaws. Commissioners had held a public hearing on suggestions related to the master plan at their May 21, 2013.

Bona again brought forward a pedestrian-oriented issue, proposing to amend the list of resource documents to include the Allen Creek Greenway task force report from 2007. Commissioners unanimously approved that addition, along with two others: (1) the Downtown Vision and Policy Framework (known as the Calthorpe study), adopted in 2006; and (2) the Huron River Impoundment Management Plan (HRIMP), as adopted in 2009. [.pdf of resource document list]

In other action, commissioners approved a work plan for the fiscal year starting July 1, identifying short-term as well as long-range projects. [.pdf of FY 2013-14 work plan] One high-priority project is the review of A2D2 zoning as directed by the city council, with a deadline of Oct. 1 to deliver recommendations to the council. The primary focus of that directive is the downtown D1-D2 zoning – especially in light of the controversial 413 E. Huron development, which the council recently approved. The plan is to bring in a consultant to manage that zoning review.

June 18 was the last meeting for planning commissioners Tony Derezinski and Eric Mahler. Mahler has been appointed to the board of the Ann Arbor Transportation Authority, and attended his first board meeting for that group on June 20, 2013. Commissioners praised the two attorneys, citing their combination of practicality and forward thinking. “I feel like our ballast is leaving,” Bona said.

Mahler will be replaced by Paras Parekh, who was confirmed by the city council at its May 20, 2013 meeting. Parekh attended the planning commission’s June 18 meeting as an observer, and will be joining the group after July 1. Jeremy Peters has been nominated to replace Derezinski, and is expected to be confirmed by the council on July 1. Peters works in creative licensing and business affairs with Ghostly Songs. [Full Story]

Friction Emerges Between Council, Court

Ann Arbor city council meeting (June 17, 2013): Budget items for the 15th District Court drew more attention than any other single topic, taking up more than an hour of the council’s deliberations. The council also devoted more than a half hour to an item related to a Department of Energy grant that could lead to the installation of a wind generator on the property of Pioneer High School.

From left: judge Christopher Easthope and 15th District Court administrator Keith Zeisloft.

From left: 15th District Court judge Christopher Easthope – a former Ann Arbor city councilmember – and 15th District Court administrator Keith Zeisloft at the council’s June 17 meeting. (Photos by the writer.)

The main court-related item was part of an annual adjustment to the current fiscal year’s budget (FY 2013), which ends on June 30. The adjustment is made on a routine basis in order to bring the budget in line with actual expenditures. The general fund budget adjustment that was eventually approved by the council increased it by $567,000.

And of that amount, a significant part was attributable to the 15th District Court – including $112,000 in salary increases based on an interest in retaining employees, $203,000 due to a “catch up” payment to the law firm that provides indigent representation, and a back-bill for security from Washtenaw County for two fiscal years for $110,000. None of the salary increases went to judges, whose compensation is set through state statute.

The council was essentially being asked to approve the accounting adjustment for money that had already been spent this year.

The city’s budget for the next fiscal year – approved by the council last month, on May 20, 2013 – already incorporated the court workers’ salary increases going forward, and councilmembers had been apprised of the raises before their budget deliberations in May. The council’s deliberations on May 20 had not focused on those raises, but rather on the possibility of reducing the court’s budget in order to fund additional police officers for the city.

At the June 17 meeting, all three judges of the court plus the court administrator were on hand – as some councilmembers drew out a disagreement regarding how the wage increases should have been approached. At least some councilmembers felt the court should have asked the council before awarding wage increases to its workers.

Tom Crawford, the city’s chief financial officer, indicated at the meeting that if the council had not approved the budget adjustment for the court, it would likely have generated a note in next year’s audit.

Other court-related items on the council’s agenda included a new $240,000 annual flat-fee contract with Nassif and Reiser – the firm that provides indigent representation for the court. The council also approved a $160,000 contract with the Washtenaw County sheriff’s office for weapons screening at the Justice Center, the building next to city hall that houses the 15th District Court.

The council approved two items related to the court’s special Sobriety Court, one of which was a $65,000 grant program contract with the nonprofit Dawn Farm to provide in-patient and out-patient drug abuse counseling to 15th District Court defendants. It was approved over the dissent of Sabra Briere (Ward 1), who objected to the accompanying provision that waived a requirement that Dawn Farm adhere to the city’s living wage ordinance.

The wind generator item was originally on the consent agenda, but was pulled out for separate consideration. The council had previously voted unanimously at its Jan. 7, 2013 meeting to accept a roughly $950,000 U.S. Department of Energy grant for installation of the wind generator. The council was asked on June 17 to spend about $50,000 of the grant proceeds on an initial environmental assessment, required before the project can move forward. Three councilmembers balked at the request, but the resolution was ultimately approved.

In business related to revisions of local laws, the council gave final approval to an ordinance change that limits use of fireworks to between the hours of 8 a.m. and midnight. And the council gave final approval to the city’s outdoor sign ordinance that limits the incorporation of digital technology into outdoor signs – in a way that prohibits such use for billboards. However, the council again delayed taking an initial vote on an ordinance that would regulate how local law enforcement officials can use public surveillance cameras. The council did give initial approval to adopt the new fire code into the city’s ordinances.

In land use and development business, the council approved a revised development agreement for The Varsity. The agreement now incorporates a total of seven monthly parking permits that will be purchased at a premium cost under the city’s contribution in lieu (CIL) program. The council also gave approval to site plans for two projects: the State Street Center and 544 Detroit St. The 544 Detroit St. project included a brownfield plan, which was also approved. Another brownfield plan was on the council’s agenda – related to the Packard Square development on the site of the former Georgetown Mall. That plan had previously been approved, but an additional council vote was needed to change the set of activities that are eligible for reimbursement.

In connection with government-controlled land, the council approved $382,000 in additional operating support for the Ann Arbor Housing Commission. The council also passed a resolution committing up to $750,000 in general fund money to convert city-owned property at 721 N. Main to a greenway park. However, if the grants that the city expects to be awarded are actually received, none of that $750,000 would need to be spent on the project.

The council again heard public commentary about a homelessness outreach ministry in one of the city’s established parks – Liberty Plaza in downtown Ann Arbor, at Division and Liberty streets.

The council also approved revisions to collective bargaining agreements with the six unions in the police department, which gave members a 2% wage increase.

In a symbolic effort, the council voted to oppose expansion of I-94 in Detroit and I-75 in Oakland County – a proposal that’s part of SEMCOG’s 2040 Regional Transportation Plan with an estimated cost of $4 billion. SEMCOG subsequently adopted the plan.

The council put off voting on proposed changes to its internal rules, which could result in adding public commentary time at the council’s work sessions, but reducing the time allowed per turn from three minutes to two minutes. The council is expected to vote on the full set of rule changes at its July 1 meeting.

The proposed changes to the rules would move nominations and confirmation of appointments to a slot near the start of the meeting, instead of its current position near the end. For the June 17 meeting, the council’s confirmations came after midnight – and included reappointment of Bonnie Bona to the planning commission, and LuAnne Bullington to the taxicab board. [Full Story]

Skatepark, Liberty Plaza Waiver Go to Council

Ann Arbor park advisory commission meeting (June 18, 2013): Commissioners took action on two major projects in the city’s park system: A new skatepark at Veterans Memorial Park, and efforts to improve downtown’s Liberty Plaza.

Jen Geer, Ann Arbor park advisory commission, The Ann Arbor Chronicle

Jen Geer is the newest member of the Ann Arbor park advisory commission. (Photos by the writer.)

PAC unanimously recommended approval of a $1,224,311 budget for the Ann Arbor skatepark, including a construction contract of $1,031,592 with Krull Construction of Ann Arbor. Also approved was an operating agreement between the city and the nonprofit Friends of the Ann Arbor Skatepark. [.pdf of operating agreement] The project, which has been years in the works, will move to the city council for final approval, possibly at its July 15 meeting.

Parks staff and commissioners praised the project, specifically citing the work of the Friends for their tenacity and ability to overcome challenges as the skatepark was developed. Colin Smith, the city’s parks and recreation manager, noted that people talk a lot about collaboration, but “you’d be hard-pressed to find a better example of it than this.”

If the council approves the contract, construction could start in early August, with completion of the concrete portion of the skatepark by this November – weather permitting.

Also getting a recommendation of approval from PAC was a proposal to waive park rental fees for Liberty Plaza, a downtown park at the corner of Liberty and Division. The waiver, which requires city council approval, would be enacted on a one-year trial basis through July 1, 2014. It’s intended to help encourage more activity in what’s been described as a problem park. Several supporters of Camp Take Notice and Pizza in the Park – a weekly outreach effort to the homeless – attended the meeting, and advocated for broader fee waivers in other city parks, tied to humanitarian aid.

Commissioners also heard two presentations during the June 18 meeting. Jenna Bacolor, the director of Ann Arbor Rec & Ed, gave an update on that program, including collaborations with the city parks system. One of those collaborations is tied to the decision by the Ann Arbor Public Schools board to close middle school swimming pools, as part of broad budget cuts. Tim Berla, who serves on PAC as a liaison from the Rec & Ed recreational advisory commission, reported on discussions to explore the possibility of a new recreation millage or an enhancement millage – something that AAPS might consider putting on the ballot.

A second presentation was from two members of the city’s public art commission, seeking input on proposals for artwork at the East Stadium bridges. John Kotarski and Bob Miller highlighted proposals from four finalists: Rebar Group of San Francisco; Sheila Klein of Bow, Washington; Volkan Alkanoglu, based in Atlanta, Georgia; and Catherine Widgery of Cambridge, Mass. The project has a $400,000 budget and includes the possibility of artwork at Rose White Park, located east of the bridges.

In items of communication, PAC chair Julie Grand noted that parks and recreation manager Colin Smith had been named Do-Gooder of the Year in Current magazine’s 2013 Readers Choice Awards. He received a round of applause from commissioners.

It was the first meeting for PAC’s newest commissioner Jen Geer, whose appointment was confirmed by the city council on May 20, 2013 to replace Tim Doyle. Geer, a Burns Park resident, is the daughter of Kirk Profit, a lobbyist for the city with the Lansing firm Governmental Consultant Services Inc. (GCSI). She is married to Christopher Geer, who serves on the Ann Arbor housing commission board. [Full Story]

Dems Forum Finale: The Campaign, The Party

Editor’s note: A forum hosted by the Ann Arbor Democratic Party on June 8, 2013 drew six of seven total city council candidates who’ve qualified for the primary ballot.

From left: Julie Grand (Ward 3 challenger), Stephen Kunselman (Ward 3 incumbent), Jack Eaton (Ward 3 challenger), Mike Anglin (Ward 5 incumbent), Kirk Westphal (Ward 2 challenger), Sabra Briere (Ward 1 incumbent).

From left: Julie Grand (Ward 3 challenger), Stephen Kunselman (Ward 3 incumbent), Jack Eaton (Ward 4 challenger), Mike Anglin (Ward 5 incumbent), Kirk Westphal (Ward 2 candidate), and Sabra Briere (Ward 1 incumbent).

In the Aug. 6 Democratic primary, only two wards offer contested races. In Ward 3, Democratic voters will choose between incumbent Stephen Kunselman and Julie Grand. Ward 4 voters will have a choice between incumbent Marcia Higgins and Jack Eaton. Higgins was reported to have been sick and was unable to attend.

The format of the event eventually allowed other candidates who are unopposed in the Democratic primary to participate: Mike Anglin (Ward 5 incumbent), Sabra Briere (Ward 1 incumbent), and Kirk Westphal, who’s challenging incumbent Jane Lumm in Ward 2. Lumm, who was elected to the council as an independent, was in the audience at the forum but didn’t participate. The event was held at the Ann Arbor Community Center on North Main Street. The Chronicle’s coverage is presented in a multiple-part series, based on common threads that formed directly in response to questions posed to the candidates, or that cut across multiple responses.

This final installment of coverage from the June 8 city council candidate forum focuses on the remarks candidates made that were overtly about the campaign – to the extent that those remarks weren’t included in one of the previous reports on this forum.

The fact that the forum was hosted by the Ann Arbor Democratic Party meant that party politics was an obvious potential topic. State representative Jeff Irwin set that tone early as he addressed the audience with a legislative update. And Ward 2 candidate Kirk Westphal, who’ll face independent Jane Lumm in the general election, stressed that he is a Democrat.

Part 1 of this series focused on the candidates’ concept of and connection to Ann Arbor, while Part 2 looked at their personal styles of engagement and views of how the council interacts. Part 3 reported on the theme of connections, including physical connections like transportation, as well as how people are connected to local government. And Part 4 covered the theme of downtown and its role in the life of the city. Chronicle election coverage is tagged with “2013 primary election.”

The League of Women Voters of the Ann Arbor Area will be holding its candidate forums for Ward 3 and Ward 4 primaries on July 10 at the studios of Community Television Network. Those forums will be broadcast on CTN’s Channel 19 and will be available online. [Full Story]

AATA Adds Ypsilanti, Expands Potential

Ann Arbor Transportation Authority board meeting (June 20, 2013): While the AATA board also handled a relatively full agenda of routine items, the main event was formal action to ratify changes to the articles of incorporation of the authority, which added the city of Ypsilanti as a member.

AATA board takes a vote at its June 20, 2013 board meeting.

The AATA board takes a vote at its June 20, 2013 meeting. (Photos by the writer.)

In the last two weeks the city councils of Ypsilanti and Ann Arbor had voted unanimously to support the changes to the articles. The vote on the AATA aboard was also unanimous among the five members who were present. Sue Gott and board chair Charles Griffith were absent.

The change to the articles will also expand the board to nine members, with one of the two additional seats to be appointed by the city of Ypsilanti. The name of the authority will now reflect the fact that the geographic boundaries extend beyond Ann Arbor by changing the name to the Ann Arbor Area Transportation Authority (AAATA).

While the change in governance does not in itself have any financial implications, the goal of the governance change is to provide a way for the two cities to generate additional revenue supporting transportation – in addition to the local millages that the cities already levy, which are specifically dedicated to transportation and transmitted to the AATA. An additional millage could be levied by the AAATA – a statutory right also enjoyed by the AATA, but never exercised. The AAATA could put a millage proposal on the ballot, but it would require voter approval.

The board does not have a meeting scheduled for the month of July, but CEO Michael Ford indicated that one might be convened, to handle some routine items as well as next steps related to the addition of Ypsilanti to the AAATA. That would need to be noticed to the public as a special meeting under Michigan’s Open Meetings Act.

In other business, the AATA board agreed to raise fares for its commuter express service from Canton and Chelsea. The increase in fares, in combination with a one-time agreement with the University of Michigan to defray costs of the fare increase for its employees, allowed the Canton service to continue. Fares were also increased on a certain subset of rides taken on the AATA’s NightRide – a shared taxi service that operates after the AATA regular buses stop running. The fare for NightRide will remain $5 for all rides except those that have origins and destinations both in Ann Arbor, and for those that are made with an advance reservation. However, if a ride has either an origin or destination outside Ann Arbor and no reservation is made in advance, then the cost will be $7. The board also approved a number of other route scheduling changes.

In addition, the board approved the purchase of battery refresher kits for up to 20 of its hybrid electric buses. And the board authorized the sale of an older bus to the Ann Arbor Community Center for one dollar.

The board held a public hearing on its federal program of projects, and received updates on several items. Board members also heard an update on the delayed deployment of the AATA’s new website, an optimistic report on the possibility that around $800,000 of state funding would be restored, and a status report on the connector project. The connector project is still in the planning stages, and could result in high-capacity transit along the corridor that runs from US-23 and Plymouth Road through downtown southward to Briarwood Mall.

The board also took care of some internal housekeeping items at the meeting, electing Eli Cooper as treasurer, who replaces David Nacht. Nacht recently ended his 10 years of service on the board. [Full Story]

Dems Forum Part 4: Downtown Ann Arbor

Editor’s note: A forum hosted by the Ann Arbor Democratic Party on June 8, 2013 drew six of seven total city council candidates who’ve qualified for the primary ballot.

From left: Julie Grand (Ward 3 challenger), Stephen Kunselman (Ward 3 incumbent), Jack Eaton (Ward 3 challenger), Mike Anglin (Ward 5 incumbent), Kirk Westphal (Ward 2 challenger), Sabra Briere (Ward 1 incumbent).

From left: Julie Grand (Ward 3 challenger), Stephen Kunselman (Ward 3 incumbent), Jack Eaton (Ward 4 challenger), Mike Anglin (Ward 5 incumbent), Kirk Westphal (Ward 2 candidate), and Sabra Briere (Ward 1 incumbent).

In the Aug. 6 Democratic primary, only two wards offer contested races. In Ward 3, Democratic voters will choose between incumbent Stephen Kunselman and Julie Grand. Ward 4 voters will have a choice between incumbent Marcia Higgins and Jack Eaton. Higgins was reported to have been sick and was unable to attend.

The format of the event eventually allowed other candidates who are unopposed in the Democratic primary to participate: Mike Anglin (Ward 5 incumbent), Sabra Briere (Ward 1 incumbent), and Kirk Westphal, who’s challenging incumbent Jane Lumm in Ward 2. Lumm, who was elected to the council as an independent, was in the audience at the forum but didn’t participate. The event was held at the Ann Arbor Community Center on North Main Street. The Chronicle’s coverage is presented in a multiple-part series, based on common threads that formed directly in response to questions posed to the candidates, or that cut across multiple responses.

More than one question posed to candidates was explicitly designed to elicit views on downtown Ann Arbor. Taken as a group, the questions prompted responses that formed several discrete subtopics related to land use and planning: planning in general; planning specifically for city-owned properties; and planning for a hotel/conference center.

Another general theme covered the role of the downtown in the life of the city of Ann Arbor, with additional subtopics that included: the appropriate balance of investment between downtown and non-downtown neighborhoods; who should and does benefit from the downtown; and the role of the Ann Arbor Downtown Development Authority.

This report includes candidate responses on these issues.

Part 1 of this series focused on the candidates’ concept of and connection to Ann Arbor, while Part 2 looked at their personal styles of engagement and views of how the council interacts. Part 3 reported on the theme of connections, including physical connections like transportation, as well as how people are connected to local government. Chronicle election coverage is tagged with “2013 primary election.” [Full Story]

AADL Branch to Get Infrastructure Upgrade

Ann Arbor District Library board meeting (June 17, 2013): In a meeting held at the Traverwood branch, library trustees approved a contract to upgrade the Internet infrastructure for another branch – the Pittsfield location.

Jan Barney Newman, Josie Parker, Ann Arbor District Library, The Ann Arbor Chronicle

From left: Ann Arbor District Library trustee Jan Barney Newman and AADL director Josie Parker. (Photos by the writer.)

The $112,150 contract with Merit Network, a nonprofit based in Ann Arbor, would put the Pittsfield branch on par with high-speed connections throughout the rest of the AADL system. The branch had been described to the board as a “bandwidth backwater,” with about 2% of the Internet connectivity speed compared to other AADL locations. The project will be paid for with money from the library’s fund balance.

In other action, the board approved final budget adjustments for the fiscal year ending June 30 – a routine procedure.

In her director’s report, Josie Parker highlighted the launch of the library’s popular summer reading game, and announced that Ann Arbor/Ypsilanti Reads is soliciting suggestions for its 2014 selection – a work of fiction. The theme is “A Very Good Read.”

During public commentary, Doug Jewett focused his remarks on the Michigan Open Meetings Act, especially as it relates to committee meetings. Bob Rorke discussed the results of a Freedom of Information Act request filed by the Protect Our Libraries political action committee, related to the AADL’s hiring of Allerton-Hill Consulting. Reading through the 634 pages of material the library had produced in response to the FOIA request had raised some concerns for Rorke, including questions about whether the library was using public monies for political purposes. [Full Story]

Planning Commission Sets Work Goals

Ann Arbor city planning commissioners met earlier this month in a work session focused on two main issues: (1) evaluating the city’s planning manager, Wendy Rampson, and planning staff, and (2) laying out the work plan for both staff and the commission in the coming fiscal year.

Wendy Rampson, Ann Arbor planning commission, The Ann Arbor Chronicle

At a June 4, 2013 work session, Wendy Rampson – the city of Ann Arbor’s planning manager – wrote down topics that the planning staff and commission will address in the short term, including an evaluation of A2D2 zoning. (Photos by the writer.)

The evaluation was positive, with most of the discussion focused on increasing collaboration with the city council and other city boards and commissions. The possibility of holding a joint session with members of the city council was raised, though some commissioners expressed skepticism about it. Ken Clein noted the challenge would be to avoid posturing by councilmembers, saying it might be difficult to have a productive discussion in a public forum. Wendy Woods observed that sometimes the planning commission is used for political cover. If a joint session is “just for show,” she said, then planning commissioners have better ways to spend their time.

Sabra Briere, a Ward 1 councilmember who serves on the planning commission, cited some benefits for a joint session: “If you want to work with council, sitting in the same room and at least getting a sense of where this year’s crop of councilpeople are can’t hurt – and it can help the council.”

Regarding the work plan, commissioners identified projects and issues to tackle in the coming fiscal year, which begins July 1, as well as longer-range goals.

The most pressing of those short-term projects is the review of A2D2 zoning as directed by the city council, with a deadline of Oct. 1 to deliver recommendations to council. The primary focus of that is the downtown D1-D2 zoning, especially in light of the controversial 413 E. Huron development, which the council recently approved. Rampson said the plan is to bring in a consultant to manage that zoning review, because the planning staff right now doesn’t have the capacity to take it on. It also helps to have someone look at the issue from a fresh perspective, she said.

Other projects for the coming fiscal year include: (1) developing an action plan for the city’s sustainability framework; (2) completing the Zoning Ordinance Reorganization (ZORO) effort; (3) recommending amendments to the R4C/R2A zoning districts; (4) working on certification for the state’s “Redevelopment Ready Communities” program; and (5) making amendments to the city’s master plan for two corridors plans – Washtenaw Avenue and North Main/Huron River.

Several longer-term efforts are on the commission’s work plan too, including amendments to the city’s accessory dwelling unit ordinance and neighborhood outreach.

Commissioners voted to approve the work plan at their regular meeting on June 18. [Full Story]

June 17, 2013 Ann Arbor Council: Final

The council’s June 17, 2013 meeting could include final action on two ordinance revisions. One local law relates to the regulation of digital signs and billboards. The other law regulates the time of day when fireworks are allowed to be set off. While the fireworks regulation is probably seen as somewhat uncontroversial, the council might be inclined to postpone the final vote on digital signs and billboards – as it has done previously.

Door to Ann Arbor city council chambers

Door to the Ann Arbor city council chamber.

In addition to possible final votes on those two ordinance changes, several items related to the 15th District Court appear on the council’s agenda. The court handles all civil claims up to $25,000, including small claims, landlord-tenant disputes, land contract disputes, and civil infractions, as well as preliminary exams for felony cases. Salaries for judges are reimbursed by the state, but the court is funded by the city through its regular budgeting process, with other costs borne by the city or by grants.

The council will be asked to approve an adjustment to the city’s current fiscal year’s budget (FY 2013) to bring it in line with actual expenditures. The general fund total budget adjustment is to increase it by $567,000. And of that, a significant part is attributable to the 15th District Court – including $112,000 in salary increases based on an interest in retaining employees, $203,000 due to a “catch up” payment to the law firm that provides indigent representation, and a back-bill for security from Washtenaw County for two fiscal years for $110,000.

Also on the council’s agenda is the authorization of a contract revision for the current year with the law firm that provides indigent representation. The “catch up” payment stems from the firm’s practice of delaying billing until a defendant’s legal costs are thought to be complete – instead of billing along the way. Because that approach doesn’t give a clear picture of the actual current cost of indigent representation, a new contract with the firm for next year (FY 2014) will be based on a flat fee. That $240,000 annual flat-fee contract is with Nassif and Reiser, P.L.L.C. (f/k/a Funkhouser and Nassif, P.L.L.C.), d/b/a Model Cities Legal Services (“MCLS”). Nader Nassif is a board member of the Ann Arbor Downtown Development Authority.

The council will also be asked to approve a $160,000 contract with the Washtenaw County sheriff’s office for weapons screening at the Justice Center, the building next to city hall that houses the 15th District Court. The estimated annual cost is based on $25.25 per hour per court security officer.

On the consent agenda – a group of items that are considered routine and voted on as a group – are two other items related to the 15th District Court. One is approval of $30,000 for a Sobriety Court grant program contract with the Washtenaw Community Health Organization (WCHO) to provide mental health treatment to 15th District Court defendants. The second is approval of $65,000 for a Sobriety Court grant program contract with the nonprofit Dawn Farm to provide in-patient and out-patient drug abuse counseling to 15th District Court defendants.

The Dawn Farm item includes a provision that could cause it to be pulled out of the consent agenda for separate consideration. That possibly controversial provision is a waiver of the city’s living wage ordinance for Dawn Farm to provide its counseling services. According to the staff memo accompanying the resolution, Dawn Farm employs 70 people, including 15 employees who are paid less than $12.52 per hour with health care coverage, and 18 people who are compensated at rates less than $13.96 per hour without health care coverage. Those are the rates specified in the city’s living wage ordinance. Last fall the council engaged in a vigorous discussion of a living wage ordinance waiver for Community Action Network (CAN), which ultimately resulted in the granting of a waiver at the council’s Nov. 8, 2012 meeting.

Other agenda highlights include revisions to contracts for six unions in the police department, which include a 2% wage increase starting July 1, 2013 and another 1% starting Jan. 1, 2014.

At the June 17 meeting, the council may also vote to adopt revisions to its own internal rules. Among other changes, the revised rules would reduce speaking times for the public from three to two minutes per turn.

Some other agenda items relate to site plans and brownfield plans.

Details of the meeting agenda 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]

County to Acquire More Nature Preserves

Washtenaw County parks & recreation commission meeting (June 11, 2013): WCPARC’s June meeting, the first since the summer season kicked off on Memorial Day weekend, focused on two of the commission’s main responsibilities: maintaining and improving its parks and recreational facilities, and acquiring land for its natural areas preservation program (NAPP).

DF Land Development LLC, Washtenaw County parks & recreation commission, The Ann Arbor Chronicle

Within the black circle, three parcels outlined in black are owned by DF Land Development LLC and might be acquired by the Washtenaw County parks & recreation commission for nature preserves.

One NAPP deal that’s been years in the works took a step forward, with commissioners giving initial approval to acquire three parcels totaling 71 acres in Ann Arbor Township, owned by a subsidiary of Domino’s Farms. The deal includes a 54-acre parcel that had received widely varying appraisals, which had delayed the acquisition process. That property will cost a total of $3.25 million – with NAPP paying $928,780 and the remainder coming from other partners, including a contribution by the owner. The other two parcels are (1) five acres at a cost of $100,000, and (2) 12 acres for $215,000, with a possible contribution from Ann Arbor’s greenbelt program. The commission will consider giving final approval to all three acquisitions at its July meeting.

In other NAPP-related action, the commission gave final approval to $1,502,336 worth of NAPP purchases: the four-acre Jarskey property in Scio Township for $57,140, and the 249-acre Ramsey-Lippert-Carr properties in Northfield Township for $1,445,196. Both proposals had been described and discussed at WCPARC’s May 14, 2013 meeting.

Commissioners also approved a staff recommendation to expand NAPP’s stewardship program by creating three new staff positions, doubling the county’s investment in NAPP crews to about $350,000 a year. The expansion is possible because of an ordinance change approved by the county board on Sept. 19, 2012, removing constraints on how funds are allocated between NAPP acquisition and maintenance.

Regarding parks & recreation facilities, WCPARC staff updated commissioners on a new water park – called Blue Heron Bay – that’s located at Independence Lake county park. The water park, fenced off from the rest of the facility with a separate admission fee, has amenities designed for younger children, including spray-and-play features and a water slide.

Another expanded facility – Rolling Hills water park, on the east side of the county – includes a wave pool and spray-and-play installations. One of the improvements that seemed of great interest to commissioners was the new three-story water slide.

Commissioners were also briefed on recent market research regarding a proposed east county recreation center, to be built and managed in a partnership with WCPARC, the city of Ypsilanti and the Ann Arbor YMCA. The study indicated support for a 44,000-square-foot center – smaller than the county’s 51,000-square-foot Meri Lou Murray Recreation Center in Ann Arbor and the 70,000-square-foot Ann Arbor YMCA. The full report will be presented on June 25 to WCPARC members and other stakeholders.

In other updates, WCPARC staff noted that bids for construction of the Ann Arbor Skatepark were received, with the lowest bid of $1.2 million coming from Ann Arbor-based Krull Construction. The skatepark’s original budget was $800,000, including a $400,000 contribution from WCPARC. The city of Ann Arbor is working to amend the project’s scope and find additional revenue sources. [The item is on the agenda for the Ann Arbor park advisory commission's June 18 meeting, with a revised construction bid of $1,031,592, based in part on changes to the project's scope. The total project budget is now $1,224,311.] [Full Story]

County Board Grapples with Court Budget

Washtenaw County board of commissioners meeting (June 5, 2013): In a move that appeared to surprise many commissioners and staff, Washtenaw County commissioner Alicia Ping formally proposed giving notice to eliminate a lump-sum budgeting approach for the county’s court system.

Yousef Rabhi, Alicia Ping, Washtenaw County board of commissioners, The Ann Arbor Chronicle

Board chair Yousef Rabhi and vice chair Alicia Ping. (Photos by the writer.)

After a lengthy and often heated debate, the board voted 5-4 to give initial approval to the notice, but postponed final action until July 10. Voting in favor of initial approval were Ping, Conan Smith, Dan Smith, Andy LaBarre and Kent Martinez-Kratz. Voting against the proposal were Yousef Rabhi, Ronnie Peterson, Rolland Sizemore Jr. and Felicia Brabec.

Ping noted that her goal isn’t necessarily to cut funding for the courts, but rather to be more transparent about where the money goes. The board could ultimately decide to leave the lump-sum approach in place. Giving a notice to terminate the agreement simply gives the board the option to end it.

Conan Smith, who has wrangled with court officials in the past on this issue, argued that the legislative branch is responsible for budgeting, and the board has abrogated that responsibility by agreeing to lump-sum funding. The board gives up far too much authority over line-item expenditures in exchange for “peace in the valley,” he said. “I want to see something different.” With a line-item approach, the county board could indicate priorities for the courts by allocating more funds to specific areas. Dan Smith also argued in favor of the action, noting that the courts are funded with essentially no oversight.

No court officials attended the June 5 meeting. The proposal had not been on the published agenda.

Ronnie Peterson argued most strongly against Ping’s proposal, fearing it would damage the board’s relationship with the courts. Peterson also felt the board itself hadn’t been very accountable regarding a $345 million bond proposal it’s considering. “So as we blast others, let’s prepare to take a few pellets ourselves,” he said. Rolland Sizemore Jr. warned that the board might be starting a fire that they couldn’t put out. He noted that if court officials decide to sue, the county would be required to pay the attorney fees.

Commissioners initially were set to take a final vote at the board meeting that same night – held immediately after the ways & means committee meeting. However, after a break between the two meetings, corporation counsel Curtis Hedger reported that the memorandum of understanding with the courts actually requires a 12-month notice, not the six months that had been discussed. This turned the opinion of some commissioners, who wanted to take more time to study the issue. Andy LaBarre, who chairs the board’s working session, offered to schedule the topic for a working session as soon as possible.

The motion to postpone final action passed on a 6-3 vote, with dissent from Alicia Ping, Dan Smith and Kent Martinez-Kratz. So the proposal will appear on the board’s July 10 agenda.

That July 10 meeting will also include action related to the county’s major bonding initiative to cover unfunded pension and retiree healthcare obligations, including a public hearing. The first public hearing for the potential $345 million bond proposal was held on June 5. It drew four people who all expressed caution about the possible action, with some suggesting a millage or additional budget cuts to cover the retiree obligations instead of bonding.

On June 5, commissioners also set other public hearings for July 10: (1) for two brownfield redevelopment projects in Ann Arbor – at Packard Square (the former Georgetown Mall), and 544 Detroit St.; and (2) for the annexation of industrial property from Scio Township into the village of Dexter. And the July 10 meeting will include final consideration of a strategic space plan for Washtenaw County government facilities totaling about $5 million. The proposals, which got initial approval on June 5, include creating a plan to redevelop the Platt Road site where the old juvenile center was located. The redevelopment might entail a mix of uses, including affordable housing.

A range of other items addressed on June 5 included: (1) creating an historic district for the Jarvis Stone School in Salem Township; (2) an update on the county’s Head Start program, which will be falling under control of the Washtenaw Intermediate School District; and (3) resolutions of opposition – one against gun violence and one against the long-range transportation plan of the Southeast Michigan Council of Governments (SEMCOG). The SEMCOG plan calls for expansion of I-94 in Detroit and I-75 in Oakland County. Some commissioners think that funding should be used to repair existing roads and bridges instead. [Full Story]

Council Mulls Speaking Rule Changes

A June 13, 2013 meeting of the Ann Arbor city council’s rules committee has resulted in proposed revisions to the council’s rules, many of which affect speaking turns and time – for members of the public and for councilmembers.

An across-the-board change for city council meeting public speaking times is a reduction from three minutes to two minutes.

An across-the-board proposed change for city council meeting public speaking times is a reduction from three minutes to two minutes for each turn. The two councilmember speaking turns per question are proposed to be reduced from five to three minutes, and from three to two minutes.

The revisions will be considered by the full council at its June 17 meeting, as agenda item 13-0767. [.pdf of marked up rules for June 17, 2013 council meeting]

Among the changes is a proposal that an opportunity for general public commentary explicitly be included in the standard agenda template for the council’s work sessions – scheduled for the second and fourth Mondays of the month.

However, the length of public participation speaking turns is proposed to be reduced – from three minutes to two minutes – across all categories of public input, at both work sessions and regular meetings. Types of public speaking turns that would be limited to two minutes include: formal public hearings; general public commentary; and the 10 speaking slots that can be reserved in advance of a council meeting.

The procedure for reserving one of those 10 slots is also proposed to be revised. Only people who did not address the council at its immediately previous meeting would be eligible to reserve a slot. And of the 10 slots, eight would be designated for those who want to address the council on agenda action items. Two slots would be provided for those who want to address the council on any topic.

Given the council’s two meetings per month, the change would mean that a person would potentially be able to reserve a slot at the start of a meeting once a month. But anyone would still be able to address the council during general commentary time at the end of any meeting. The right to address public bodies during their meetings is provided by Michigan’s Open Meetings Act.

Speaking time for councilmembers is also proposed to be reduced. For each item considered by the council, councilmembers get two speaking turns. Councilmember speaking time is proposed to be reduced by a total of three minutes – from five to three minutes for the first turn, and from three to two minutes for the second turn.

Other changes are meant to give some clarity to the timeline for preparing the council’s agenda. The goal is to ensure that a regular meeting agenda is less susceptible to late additions of items or the late addition of supporting informational material for the items.

Added after initial publication: On the regular meeting agenda template, the time for mayoral communications, which include nominations to boards and commissions, is proposed to be moved from near the end of the meeting to just after the initial public commentary reserved time at the beginning of the meeting.

A rule is also proposed that would prohibit councilmembers from using mobile telecommunications devices while seated at the council table during a meeting.

The rules committee is also proposing to change the meta-rule about how the council’s rules can be changed. Currently, the meta-rule requires that the councilmembers not vote to adopt rule revisions unless they were presented with the changes at a previous meeting. The proposed change is to require only that councilmembers are provided with the proposed rule changes in advance of a meeting – as part of the regular agenda preparation process. Under the existing meta-rule, the council would need to wait until its July 1 meeting to adopt the new rules.

However, based on the rules committee discussion on June 13, the intent is to ask the full council to adopt the revised rules at its June 17 meeting – in accordance with the revised meta-rule on rule changes. Rules committee members indicated on June 13 they’d be content to use another provision in the rules – a 2/3 majority vote to suspend temporarily the existing rules – to adopt the rules changes on June 17.  [Full Story]

Ann Arbor Looks to Future: Housing, Transit

Ann Arbor city council meeting (June 3, 2013): At a meeting that lasted until nearly 1 a.m., the council took major steps that will affect the future of services in two core areas: housing and transportation.

Stephen Kunselman (Ward 3) and Ann Arbor Housing Commission Executive Director Jennifer Hall.

Stephen Kunselman (Ward 3) and Ann Arbor Housing Commission executive director Jennifer Hall. (Photos by the writer.)

On the housing side, a unanimous vote of the council approved the transfer of ownership for city properties managed by the Ann Arbor Housing Commission (AAHC) to the commission itself – an arrangement that’s actually more common across housing commissions in other cities. That step will allow conversion of the AAHC’s 355 public housing units to a project-based voucher system under HUD’s Rental Assistance Demonstration (RAD) program. AAHC will then be pursuing low-income housing tax credits through a ground lease of the properties to a private/public limited partnership. The tax credits are intended to fund several million dollars in needed capital improvements to the existing properties, as well as build 20-30 new units.

Other unanimous votes related to the AAHC’s plan included: a resolution to approve a payment in lieu of taxes (PILOT) for the properties now owned by AAHC – so that no property taxes will be owed; a resolution declaring that AAHC employees are and will remain city employees; and a $200,000 allocation from the city’s affordable housing trust fund to support improvements to Miller Manor.

On the transportation side, the council unanimously authorized membership of the city of Ypsilanti in the Ann Arbor Transportation Authority, by approving changes to the articles of incorporation for the AATA. The number of board seats is expanded from seven to nine, with one of the seats to be appointed by the city of Ypsilanti. The transportation authority will go by the name Ann Arbor Area Transportation Authority. The board of the AATA and the city of Ypsilanti also will need to formally approve the new articles, but are expected to do that in a straightforward fashion.

While the amendment of the articles of incorporation changes only the governance of the AAATA, the intent is to provide the potential for increased transportation funding. The AAATA could, with voter approval, levy a uniform millage on all member jurisdictions of the authority – now the cities of Ann Arbor and Ypsilanti. It’s a right the current AATA already has, but has never exercised. Each city itself already levies a transit millage, and transmits the proceeds of those taxes to the AATA. For Ypsilanti, the advantage of a transit authority millage is that it would not count against the state constitutional 20-mill cap that a city can levy – a cap that Ypsilanti has already reached.

Deliberations on those two agenda items – housing and transportation – did not begin until after 11 p.m.

Taking an hour of the council’s time before that was a debate on a change to the city’s public art ordinance. The council unanimously supported eliminating the requirement of an automatic 1% set-aside for public art in the budget for every capital project – known as Percent for Art. But lengthy deliberations unfolded about an additional change: A provision that would allow for the return of previous years’ public art allocations to their funds of origin.

The ordinance revision that had already been given initial approval by the council allowed for such a return just for the FY 2014 public art set-asides. In the end, the council opted for an ordinance change that did not provide for a return of previous years’ public art allocations. That leaves roughly $845,000 in funds that can be used for the public art program as defined in the revised ordinance – one that places the onus on city staff to identify capital improvement projects that might be suitable for incorporating public art.

Another significant item on the council’s June 3 agenda was a resolution encouraging the Ann Arbor Downtown Development Authority to allocate funding for three police officers. That resolution passed on an 8-2 vote. The council also gave final approval to utility rate increases (an annual item) and a reduction in utility improvement charges imposed on first-time connections.

Other business included final approval of rezoning requests for Parkway Place and State Street Center. The Parkway Place rezoning – at 490 Huron Parkway – was from R3 (townhouse dwelling district) to R1B (single-family dwelling district). The State Street Center rezoning, near the intersection of South State and Ellsworth, was from O (office district) to C3 (fringe commercial district).

In anticipation of the upcoming July 4 holiday, the council took initial action on an ordinance that would restrict use of fireworks to the hours of 8 a.m. to midnight.

During public commentary, the topic of Pizza in the Park was reprised as a theme from the council’s previous meeting. Advocates for the homeless community lobbied for a written commitment from the city that a parks and recreation fee would not be imposed on a church that distributes food and other aid at Liberty Plaza, a downtown city park. [Full Story]

Column: Time for Non-Partisan Elections

At a recent forum for Democratic primary candidates for the Ann Arbor city council, Ward 5 incumbent Mike Anglin expressed a generally positive outlook about the direction the council and the city are headed. But Anglin did not have praise for the level of participation in primary elections: “Our turnout in a primary election is devastatingly low. It’s embarrassingly low. And our community cannot be proud of that at all.”

non-partisan elections, elephant, donkey, lame ducks

This graphic was poached from a column written for The Chronicle last year by former city attorney Bruce Laidlaw – advocating for non-partisan elections. Laidlaw’s argument was based in part on the idea that it reduces the potential for lame ducks. It might also encourage more competition and participation. (Image links to Laidlaw’s column.)

How bad is it? The August 2012 Democratic primary featured contested races in four of the city’s five wards – with voter turnout ranging from a high of 13.9% in Ward 5 to a low of 8.2% in Ward 1.

In Wards 1 and 4, the winner received less than 1,000 votes. That compared to a citywide turnout of 56.2% in the November 2012 mayor’s race.

What about the Republican primary? If you’re not familiar with Ann Arbor politics, that’s a punch line.

Only in Ward 5 did voters have a choice of city council candidates in November 2012 – Republican Stuart Berry or Democrat Chuck Warpehoski. And 62% of the ward’s voters turned out to choose Warpehoski – by a wide margin. In the other wards, the decision had already been made – in August, by fewer than 10% of registered voters in those wards. In Ward 3, no candidate stepped forward as an alternative to incumbent Democrat Christopher Taylor, in either the primary or the general election.

While Anglin recently lamented the lack of participation in the Democratic primary, I don’t think that exhorting residents to vote on Aug. 6 is likely to bump participation to anywhere near the level we might see in November. So the decisions about who represents Ann Arbor residents on the city council will likely again this year be made when less of the electorate will head to the polls – in August, not November.

But Ward 2 will be a definite exception. That’s because voters will choose between two formidable candidates in November: Democrat Kirk Westphal (unopposed in the primary) and incumbent Jane Lumm, who’s indicated she’ll again be campaigning as an independent. They might be joined by independent Conrad Brown, if he submits enough signatures by the August deadline.  Still, in Ward 2, there’s no question the choice will be made in November, not August.

In Wards 1, 3 and 4, other independent candidates affiliated with a University of Michigan student group calling itself the Mixed Use Party have taken out petitions. None have yet filed the required signatures. But to the extent they prove to be serious candidates, voters in those wards might also feel they were offered a legitimate choice in November.

But when three legitimate candidates take out petitions, why are we forcing a selection between just two of them – precisely at a time of year when few voters turn up at the polls to make that selection?

Take Ward 3 as an example. Julie Grand, current chair of the city’s park advisory commission, and incumbent Democrat Stephen Kunselman are solid choices. They’ll be offered to voters in August. Only one will advance to the November general election. And as voters get to know him, independent Sam DeVarti – if he files his nominating petitions – could also prove to be another solid choice in November.

If they’re all three credible candidates, I think a more rational approach to an August primary would be to use that initial election to winnow the field of all three (or more) candidates down to two. That way the important choice, between the two finalists, would come in November, when more voters participate. Or all the candidates could be offered to voters in November, with no primary election at all.

It’s fairly common now for a city council election to draw only two candidates, both Democrats, who compete in August. If there’s no other candidate in the race at all, it would be more rational to offer those same two candidates to voters in November, when many more voters participate.

That kind of rational approach to candidate choice would be possible if Ann Arbor city council elections were non-partisan.

But under the city charter, Ann Arbor city council elections are conducted on a partisan basis.

Last year around this time, former city attorney Bruce Laidlaw wrote two op-eds for The Chronicle, the first explaining the historical background for Ann Arbor’s partisan system, and the second making a case for changing the city charter to provide for non-partisan elections.

There seems to be at least some interest this year in moving the idea forward. One indication came in a response to a recent Ward 2 resident satisfaction survey. An open-ended question asked respondents to identify the one issue that councilmembers should focus on in the next six months. Among the question’s many responses was this one: “Implement a non-partisan election process for city council and mayor.”

A question about non-partisan elections also was posed this week to Ann Arbor mayor John Hieftje, who spoke at a Rotary Club lunch. [Full Story]

Dems Forum Part 3: Connections

Editor’s note: A forum hosted by the Ann Arbor Democratic Party on Saturday, June 8, 2013 drew six of seven total city council candidates who’ve qualified for the primary ballot.

From left: Julie Grand (Ward 3 challenger), Stephen Kunselman (Ward 3 incumbent), Jack Eaton (Ward 3 challenger), Mike Anglin (Ward 5 incumbent), Kirk Westphal (Ward 2 challenger), Sabra Briere (Ward 1 incumbent).

From left: Julie Grand (Ward 3 challenger), Stephen Kunselman (Ward 3 incumbent), Jack Eaton (Ward 4 challenger), Mike Anglin (Ward 5 incumbent), Kirk Westphal (Ward 2 candidate), Sabra Briere (Ward 1 incumbent).

In the Aug. 6 Democratic primary, only two wards offer contested races. In Ward 3, Democratic voters will choose between incumbent Stephen Kunselman and Julie Grand. Ward 4 voters will have a choice between incumbent Marcia Higgins and Jack Eaton. Higgins was reported to have been sick and was unable to attend.

The format of the event eventually allowed other candidates who are unopposed in the Democratic primary to participate: Mike Anglin (Ward 5 incumbent), Sabra Briere (Ward 1 incumbent), and Kirk Westphal, who’s challenging incumbent Jane Lumm in Ward 2. Lumm, who was elected to the council as an independent, was in the audience at the forum but didn’t participate. The event was held at the Ann Arbor Community Center on North Main Street. The Chronicle’s coverage is presented in a multiple-part series, based on common threads that formed directly in response to questions posed to the candidates, or that cut across multiple responses.

One question posed to candidates explicitly involved transportation: What do we do to implement an effective transportation plan for Ann Arbor that would decrease congestion and encourage alternative modes of travel? But transportation fit into a broader set of themes at the forum that could be collected under the notion of “connection” – connectedness of citizens not just to physical locations, but to their local government.

Candidates had clearly prepared to talk about the topic of transportation generally. Jack Eaton criticized last year’s demised countywide planning effort, based on the fact that other communities were not asked to defray the costs of that planning. At the same time he called for better maintenance of roads, partly out of concern for bicyclist safety. He also called for more frequent bus service during extended hours – but cautioned that he was focused on spending Ann Arbor’s local transit millage money on transit in Ann Arbor.

As far as millages go, Mike Anglin was clear that he would vote for a possible new millage resulting from the admission of Ypsilanti to the Ann Arbor Transportation Authority. However, Anglin was emphatic that he did not support trains, but rather only buses – with a focus on moving people around inside the city.

Julie Grand said she was glad that the possibility of adding rail service was being studied, and that by council resolution, the question of possibly using the Fuller Road site for a new train station would go to the voters. She pointed out that the park advisory commission, on which she serves, focuses on the potential for non-motorized connections when it considers parcels to acquire as parkland. She called transit a regional issue, but said that ultimately we need to focus on transit within the community.

Stephen Kunselman was specific with a suggestion of how to return a focus to the city’s own transportation needs: Remove the city’s transportation program manager, Eli Cooper, from the AATA board – so that Cooper could focus on issues like sidewalk gaps and bicycle lanes. Kunselman also stated that he would be proposing that the city council rescind its memorandum of understanding with the University of Michigan to build a parking structure as part of the Fuller Road Station project.

Although UM has withdrawn from participation in that project under the MOU, Kunselman said he wanted to “kill it.” That way, he said, the conversation could turn away from using the designated parkland at the Fuller Road Station site as a new train station, and could instead be focused on the site across the tracks from the existing Amtrak station.

Sabra Briere ventured that the community did not have a consensus about the basic question of what kind of transportation system is best for Ann Arbor – one that was geared primarily to commuters or one that was designed mainly for city residents as a replacement for personal automobiles.

Kirk Westphal told the audience that he’d chosen a house to buy in Ann Arbor based on its proximity to a bus line. He ventured that the transportation system needs to be robust enough to attract people out of their cars, and that to be financial viable, a certain amount of density is required. It’s important to support development near transit lines to provide that density, he said.

In addition to the question about connecting people to physical locations (i.e., transportation), candidates at the forum responded to a question about connecting people to local government. The question was specific to involving youth in local government. But candidates also delivered a range of comments throughout the forum related to the theme of connecting residents to government.

Among the specific suggestions was one from Westphal, who floated the idea of a “citizens academy” for general government along the lines of Ann Arbor’s citizens police, courts and fire academy.

Part 1 of this series focused on the candidates’ concept of and connection to Ann Arbor, while Part 2 looked at their personal styles of engagement and views of how the council interacts. Other themes from the forum will be presented in subsequent reports. Chronicle election coverage is tagged with “2013 primary election.” [Full Story]

Dems Forum Part 2: How Loud Is Loud?

Editor’s note: A forum hosted by the Ann Arbor Democratic Party on Saturday, June 8, 2013 drew six of seven total city council candidates who’ve qualified for the primary ballot.

From left: Julie Grand (Ward 3 challenger), Stephen Kunselman (Ward 3 incumbent), Jack Eaton (Ward 3 challenger), Mike Anglin (Ward 5 incumbent), Kirk Westphal (Ward 2 challenger), Sabra Briere (Ward 1 incumbent).

From left: Julie Grand (Ward 3 challenger), Stephen Kunselman (Ward 3 incumbent), Jack Eaton (Ward 4 challenger), Mike Anglin (Ward 5 incumbent), Kirk Westphal (Ward 2 candidate), Sabra Briere (Ward 1 incumbent).

In the Aug. 6 Democratic primary, only two wards offer contested races. In Ward 3, Democratic voters will choose between incumbent Stephen Kunselman and Julie Grand. Ward 4 voters will have a choice between incumbent Marcia Higgins and Jack Eaton. Higgins was reported to have been sick and was unable to attend.

The format of the event eventually allowed other candidates who are unopposed in the Democratic primary to participate: Mike Anglin (Ward 5 incumbent), Sabra Briere (Ward 1 incumbent), and Kirk Westphal, who’s challenging incumbent Jane Lumm in Ward 2. Lumm, who was elected to the council as an independent, was in the audience at the forum but didn’t participate. The event was held at the Ann Arbor Community Center on North Main Street. The Chronicle’s coverage is presented in a multiple-part series, based on common threads that formed directly in response to questions posed to the candidates, or that cut across multiple responses.

Although they were not asked an explicit question about their personal style of engagement, candidates commented on the topic throughout the forum. A question about the council’s overall performance – with attention to factionalism in the group – prompted much of that commentary.

That question came relatively late in the forum. But opening remarks from Ward 3 candidate Julie Grand put the issue on the table, when she described herself as not necessarily wanting to be the loudest or most polarizing voice in the room. It was a bid to contrast herself with incumbent Stephen Kunselman, whose critics would likely characterize him as a loud and polarizing influence on the council.

Kunselman’s introductory remarks came immediately following Grand’s. And in a somewhat ironic twist, Kunselman had to be encouraged by the audience to speak up – because they couldn’t hear him. As the forum progressed, Kunselman turned up the volume. The substance of his response, which was echoed by other incumbents, rested in part on the idea that the council’s dynamic now, with its current composition, is better than it was five years ago. Candidates’ remarks related to this issue are presented in more detail below the fold.

Part 1 of this series focused on the candidates’ concept of and connection to Ann Arbor. Other themes from the forum will be presented in subsequent reports. Other Chronicle coverage is tagged with “2013 primary election.” [Full Story]