Govt. Section

Four-Year County Budget Sets Precedent

Washtenaw County board of commissioners meeting (Nov. 20, 2013): After a final debate, commissioners adopted the 2014-2017 general fund budget, an unprecedented long-term document that some commissioners believe will improve strategic investments and organizational stability.

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

Yousef Rabhi (D-District 8), chair of the Washtenaw County board of commissioners. (Photos by the writer.)

At their Nov. 20 meeting, commissioners made several amendments, but did not substantively change the originally proposed budget submitted by county administrator Verna McDaniel in early October. Initial approval had been given during a six-hour meeting on Nov. 6, 2013. The Nov. 20 meeting lasted about two-and-a-half hours.

The vote was 7-1, with dissent from Ronnie Peterson (D-District 6) – though he cited three elements of the budget that he wanted to support: the community impact statements, outside agency funding, and position modifications. Rolland Sizemore Jr. (D-District 5) was absent. Dan Smith (R-District 2), who had dissented in the initial vote on Nov. 6, stated that he still had several concerns with the budget, but he voted for it because the budget supported many important activities throughout the county. He noted that although it spanned four years, the board is required by state law to approve the budget each year, so “technically it’s a one-year budget.”

Several new amendments were made during deliberations on Nov. 20. An amendment proposed by Conan Smith (D-District 9) directs the administration to conduct a study of county staff “to assess the capabilities of the organization to meet the community outcomes and processes.” Another amendment directs the administration to conduct a “citizens experience study” that would help inform board priorities.

Alicia Ping (R-District 3) proposed an amendment to shift $500,000 from the facilities, operations & maintenance fund to a contingency fund for parking. That contingency fund will serve as a placeholder as the county renegotiates parking contracts with the Ann Arbor Downtown Development Authority. The current contract, signed in 2004, runs through 2023.

As he has on previous occasions, Peterson argued against the four-year budget approach, preferring to maintain the current two-year budget process. He said that if he’s re-elected in 2014, he’ll fight to overturn the four-year budget and institute a one- or two-year budget instead. The board’s leadership – including Rabhi and Felicia Brabec (D-District 4), chair of the board’s ways & means committee – believe a four-year budget will improve long-term planning and stability, and could be transformational to the way that the county does business.

The board leadership also wants the board to be engaged in a continual process of monitoring the outcomes related to budget investments. To that end, on Nov. 20 the board also voted to adopt a set of “community outcomes” to guide that investment, as well as a framework for developing future budgets that reflect those desired outcomes. [.pdf of community outcomes resolution] Those outcomes are more detailed “impact statements” tied to budget priorities that the board approved on July 24, 2013.

A major discussion point at the Nov. 6 meeting – about the impact of budget cuts on the sheriff’s office – received much less attention on Nov. 20. However, after the meeting Rabhi told The Chronicle that discussions are underway with the sheriff, and that there will be a budget amendment brought forward soon that will address some of the concerns that have been raised by sheriff Jerry Clayton.

In addition to the budget, the board handled two items related to workforce development: (1) giving initial approval to accept $1,154,683 in funding from the Partnership Accountability Training Hope (PATH) program, which is part of Michigan’s welfare system; and (2) approving amended bylaws for the county’s workforce development board.

During public commentary, Christina Lirones advocated for the board to opt out of Pittsfield Township’s State Street corridor improvement authority (CIA). On Nov. 6, commissioners had voted to approve a tax-sharing agreement with Pittsfield Township and the CIA, which means that a portion of county taxes will be used to help fund the project. Lirones noted that there’s still time for the board to change its mind – as the board has one more meeting, on Dec. 4,

The board made one appointment on Nov. 20, adding York Township supervisor John Stanowski to an exploratory subcommittee for the future of the Washtenaw County road commission. Rabhi also indicated that nominations to other volunteer boards, committees and commissions would be brought forward for a board vote on Dec. 4. Though the deadline for submitting applications had passed, the deadlines have been extended until Dec. 1 for openings on three groups: the southeast Michigan’s Regional Transit Authority (RTA); the Washtenaw County historic district commission; and the Washtenaw County food policy council. More information about these positions is posted on the county’s website.

At the end of the meeting, Rabhi reminded commissioners that a holiday reception will be held prior to the board’s next meeting on Dec. 4, in the lobby of the county administration building at 220 N. Main from 4-6 p.m. [Full Story]

Column: Why Did the Turkey Cross the Road?

The remarkable coincidence of Chanukah and Thanksgiving this year hardly compares with the once-in-a-lifetime opportunity to combine a standard child’s turkey joke with a change to a local crosswalk law – which will be considered by Ann Arbor city council at its post-holiday meeting on Dec. 2.

Illustration by The Chronicle.

Illustration by The Chronicle.

In broad strokes, the Ann Arbor city council first enacted a local crosswalk ordinance in 2008. The law was supposed to explain how motorists and pedestrians should interact at crosswalks. In 2010 the council modified the law, and in 2011 gave it a further tweak. After those revisions, for the last two years, Ann Arbor local law has differed from the Uniform Traffic Code (UTC) rule in two ways.

First, under current local law, motorists in Ann Arbor are supposed to yield the right-of-way to those pedestrians not just “within a crosswalk” but also to those who are “stopped at the curb, curb line or ramp leading to a crosswalk.” Second, when driving toward a crosswalk, motorists in Ann Arbor don’t have the option to yield to a pedestrian by merely slowing down; instead they’re required to yield by stopping.

The proposal the council will consider for final approval would scrap the whole section of the city code, reverting to a reliance on the UTC – which allows slowing for pedestrians, stopping only when necessary, and does not apply to any pedestrians other than those within a crosswalk.

A council majority of six members is currently supporting the repeal – Sumi Kailasapathy (Ward 1), Jane Lumm (Ward 2), Sally Petersen (Ward 2), Stephen Kunselman (Ward 3), Jack Eaton (Ward 4) and Mike Anglin (Ward 5) – with five of them sponsoring it. According to sources from both groups, backchannel discussion has included the possibility of a compromise on Dec. 2 that would leave in place the requirement to stop, but would still confine the motorist’s responsibility to yield to just those pedestrians within the crosswalk. The regular city council Sunday caucus has been shifted from 7 p.m. to 1 p.m. to allow for better attendance to discuss the crosswalk ordinance.

Given the historical background of the 2010 change, I’m not sure that the compromise solution makes much logical sense. And I think that the current words on the page – which extend the right-of-way to pedestrians at the curb – more nearly reflect the kind of community to which we should aspire.

But that sort of compromise might offer a chance for us as a community to stop (not just slow down) fighting about words on the page and to give full gas to education and enforcement. And I’m for that, especially in the context of the pedestrian safety task force that the council established on Nov. 18. Members of the task force will be appointed at the Dec. 16 meeting based on applications received by Dec. 2.

This sort of “compromise” could serve the same function as gravy at a Thanksgiving dinner: You load up a plate of turkey, stuffing, mashed potatoes, cornbread, and then, when the green bean casserole is passed your way, you take some of that too, because Aunt Dorothy (rest in peace) is looking right at you and it’d be impolite to refuse, even though green bean casserole is flat-out gross, so you ladle that “compromise gravy” over that heap of food, you clean your plate, and everybody can focus on the task at hand – which includes talking about how good everything tastes.

With or without a compromise, and with or without a repeal, the pedestrian safety task force work is going to be informed by a veritable Thanksgiving feast of data on pedestrian crashes. In response to city council requests, staff have compiled all manner of charts, graphs and maps. And that’s the main purpose of this column: to serve up the compilation of all that data. [.pdf of all charts, graphs and maps]

Based on those reports, I don’t think it’s possible to draw conclusions about any impact the current ordinance might have had on safety – good, bad or indifferent. But a lot of insight from these reports can be gained that might help inform the task force’s activity as they work toward a February 2015 deadline for delivering recommendations to the council.

For readers who are not familiar with the joke answer to the question posed in the headline of this column, it’s provided below. That punchline follows a more detailed history of the local ordinance since 2008, several colorful charts and graphs, and a photograph of former Ward 4 councilmember Marcia Higgins wearing a tiara. [Full Story]

Ypsi Township on Bus, DDA TIF Settled

Ann Arbor city council meeting (Nov. 18, 2013): The first meeting of the post-election council stretched 6 hours and 45 minutes past its scheduled start time of 7 p.m. It was not until after 1 a.m. that the council considered an agreement to sell a city-owned property north of William Street between Fourth and Fifth avenues in downtown Ann Arbor – to hotelier Dennis Dahlmann for $5.25 million. The council deliberated for about 10 minutes on that issue before taking a unanimous vote to sell.

Swearing in of the councilmembers who won election on Nov. 5, 2013. From left to right: Mike Anglin (Ward 5), Jack Eaton (Ward 4), Sabra Briere (Ward 1), Jane Lumm (Ward 2) and Stephen Kunselman (Ward 3). Administering the oath was city clerk Jackie Beaudry.

Swearing in of the councilmembers who won election on Nov. 5, 2013. From left: Mike Anglin (Ward 5), Jack Eaton (Ward 4), Sabra Briere (Ward 1), Jane Lumm (Ward 2) and Stephen Kunselman (Ward 3). Administering the oath was city clerk Jackie Beaudry. (Photos by the writer.)

Earlier in the evening, an hour-long chunk of the meeting was taken up by deliberations on the admission of Ypsilanti Township as a member of the Ann Arbor Area Transportation Authority. After an hour of discussion and questioning, the council voted unanimously to approve the addition of the township as a member of the AAATA. The council’s action brought the number of AAATA member jurisdictions to three: the city of Ann Arbor, the city of Ypsilanti, and Ypsilanti Township.

The council also deliberated for almost an hour before giving initial approval to a repeal of the city’s crosswalk law – so that vehicles would have the option of slowing (in addition to stopping) to yield to pedestrians. The repeal also eliminates the explicit need for motorists to yield to pedestrians who are standing at the curb – making motorists responsible for yielding only to those pedestrians who are “within a crosswalk.” The repeal passed on a 9-2 vote, but will need a second vote at a future meeting to be enacted. Back-channel discussion of some kind of compromise approach has unfolded since the meeting, but it’s not clear what, if any, impact that might have.

On an issue related to the crosswalk ordinance change, 40 minutes was spent on council discussion on a pedestrian safety task force – which had been postponed from its Nov. 7 meeting. Ultimately the council voted to establish a nine-person pedestrian safety task force with a charge of delivering a report with recommendations by February 2015. Applications from interested citizens should be turned in to the mayor’s office by Dec. 2, 2013, with the task force members to be appointed on Dec. 16. [.pdf of standard city board and commission task force application]

The council also spent about a half hour deliberating on final approval to a change to the ordinance that regulates the tax increment finance (TIF) capture of the Ann Arbor Downtown Development Authority. The change replaced the restriction in the ordinance originally enacted in 1982 with one that in the next few years will result in about $2 million in additional TIF revenue annually, compared to the amount the DDA would have received under strict enforcement of the 1982 language. Dissenting on that vote were Christopher Taylor (Ward 3) and Margie Teall (Ward 4).

Near the start of the meeting, Teall was selected as mayor pro tem, on a 6-5 vote. The council left its other organizational business – adoption of rules and assignment to committees – until Dec. 2.

The members of the rules committee will have a fresh assignment based on other action of the council on Nov. 18. The council passed a resolution that in part directs the rules committee to develop a set of standards for the conduct of councilmembers, based on “applicable statutes, regulations, existing city policies, and best practices such as Section and 2a of Public Act 196 of 1973 and the Ethics Handbook for Michigan Municipalities.”

Other business handled by the council included the final approval of a revision to the city’s ordinance on park use fees – to allow for a waiver for groups using a public park for the charitable distribution of goods to address basic human needs. Council chambers were filled with supporters of that resolution.

The council also formally adopted an update to the city’s non-motorized transportation plan, after having postponed the item on Nov. 7. And as a part of its consent agenda, the council approved various street closings associated with New Year’s festivities – The Puck Drops Here in downtown Ann Arbor and the National Hockey League’s Winter Classic at Michigan Stadium. [Full Story]

AAATA Secures BTC, Applauds City Council

Ann Arbor Area Transportation Authority board meeting (Nov. 21, 2013): The board’s meeting was highlighted by applause for an action taken by the Ann Arbor city council three days earlier – to give its approval to the addition of Ypsilanti Township as a member of the AAATA.

AAATA board chair Charles Griffith was interviewed after the meeting by Andrew Cluley of WEMU radio

AAATA board chair Charles Griffith was interviewed after the meeting by Andrew Cluley of WEMU radio. (Photos by the writer.)

The AAATA board had already given approval to say yes to the township’s request to be added as a member – on Sept. 26, 2013. And Ypsilanti’s city council – the other recently-added jurisdiction – had given approval of the move at its Oct. 15, 2013 meeting. The Ann Arbor city council had considered the question at its Oct. 21, 2013 meeting, but had postponed action until Nov. 18, 2013.

The addition of Ypsilanti Township as an AAATA member will increase the number of positions on the AAATA board from nine to 10, with the additional member appointed by the township. Board chair Charles Griffith indicated at the Nov. 21 meeting that the name of Larry Krieg would be put forward by township supervisor Brenda Stumbo for confirmation by the township board of trustees. It’s hoped, Griffith said, that Krieg would be able to attend the next meeting of the board, on Dec. 19, as a member. Krieg attended the Nov. 21 meeting as an audience member. During public commentary at the meeting, Krieg called Ypsilanti Township’s admission into the authority a “victory for regionalism and common sense.”

In its one piece of new business on Nov. 21, the board approved an increase to the AAATA’s contract with Advance Security, to allow for around-the-clock security service coverage at the Blake Transit Center construction site. According to the staff memo accompanying the board resolution, the additional security is required until the new building can be outfitted with doors, windows and locks. The last time the board approved the annual contract it was for $205,000. The increase brought the annual value of the contract to $242,000. The BTC is now expected to be completed by the end of January 2014.

Another highlight of the meeting was a presentation on a comparative analysis the AAATA is conducting of its performance, using statistics from the National Transit Database, and a set of 20 peer transit authorities. The peer set was determined by a tool that is available through the Florida Transit Information System (FTIS). Three key metrics were presented at the Nov. 21 meeting: operating cost per service hour, rider trips per service hour, and operating cost per rider trip. While the AAATA’s operating cost per service hour is greater than its peer group average, according to the AAATA that’s counterbalanced by the number of rider trips per service hour – which leads to a lower cost per rider trip than its peer group average. In this report, The Chronicle presents that data as well as examples of other kinds of data that can be compared across the peer group.

The AAATA board also gave some discussion to a recent presentation given to its planning and development committee from Michigan Dept. of Transportation (MDOT) staff on plans for US-23. MDOT intends to use an Active Traffic Management (ATM) system to direct traffic and decrease congestion in the US-23 corridor – because there’s no funding to add an additional lane. That’s hoped to be implemented by 2016. The ATM system would involve upgrading the median shoulder, installing intelligent transportation system (ITS) equipment, constructing crash investigation sites and periodically using shoulders as travel lanes. The plan will also include widening three bridges from North Territorial Road to Eight Mile Road. The AAATA has been asked by MDOT to consider providing park-and-ride service from those bridges.

During the meeting, the board also watched a video that has been produced to explain the connector study – an alternatives analysis for the corridor running from US-23 and Plymouth southward along Plymouth to State Street, then further south to I-94. The alternatives analysis phase will result in a preferred choice of transit mode (e.g., bus rapid transit, light rail, etc.) and identification of stations and stops. The study has winnowed down options to six different route alignments.

At its Nov. 21 meeting, the board also heard its usual range of reports and communications. [Full Story]

Windemere Tennis Court Project Revisited

Ann Arbor park advisory commission meeting (Nov. 19, 2013): The main agenda item this month was a project that PAC had acted on over a year ago: The relocation of tennis courts at Windemere Park.

Diane Massell, Xavier Iniguez, Ann Arbor park advisory commission, The Ann Arbor Chronicle

Diane Massell and Xavier Iniguez spoke to the Ann Arbor park advisory commission on Nov. 19 about the location of tennis courts in Windemere Park. (Photos by the writer.)

As part of an effort to replace the deteriorated courts, commissioners had recommended relocating them to a different spot within the park. That action took place at their meeting on Oct. 16, 2012, with the expectation that parks staff would solicit bids and seek city council approval for a construction contract to rebuild the courts in the spring of 2013.

But pushback from residents – and advocacy from city councilmember Jane Lumm, who represents Ward 2 where Windemere Park is located – led to further discussions, an online poll conducted by residents, and ultimately a return to PAC. On Nov. 19, several residents attended the meeting, including Lumm, and asked PAC to reconsider its recommendation.

Rather than relocating the courts toward the center of the park, they hoped to shift the location to the north so that more open space in the park would be preserved. PAC’s Nov. 19 meeting included a presentation in support of this option by Ed Weiss of the Earhart Knolls Homeowners Association and Jeff Alson, a resident and member of the Glacier Highlands Homeowners Association. However, one homeowner attended the meeting to disagree – her home would be closer to the courts if the location is changed.

Some commissioners expressed concern about setting precedent for a reversal of their decision, but after discussing the issue they voted unanimously to schedule another public meeting with residents. Options to consider will include the one that was originally recommended by PAC and the one that’s now being proposed by some residents as an alternative. The city might also conduct its own online poll to get additional feedback. It’s possible that the new public process will push back the project until the 2015 construction season.

Also on Nov. 19, commissioners got an update on the first four months of the fiscal year from Bob Galardi, chair of PAC’s budget and finance committee. For all parks and recreation facilities, the current projections of $3.943 million in revenues are about $52,000 over the originally budgeted amounts. In particular, revenues related to the Argo Cascades are $100,000 better than expected. On the expense side, overall costs are projected to be $5.211 million – or $50,000 less than budgeted. The fiscal year runs from July 1, 2013 through June 30, 2014, and Galardi cautioned that these projections represent an early interim report.

The meeting included several updates and reports, including news that long-time PAC member Tim Berla – who served as the representative from Ann Arbor Rec & Ed’s recreation advisory commission – will no longer be serving on PAC. He attended his last meeting in September. PAC chair Ingrid Ault expects a new RAC appointment by early 2014.

In an update from the city council, Christopher Taylor (Ward 3) – one of two council representatives who serve on PAC – noted that a park fee waiver recommended by PAC had been approved by the council on Nov. 18. The waiver is for groups who want to distribute goods for basic human needs at a city park. He also noted that on Nov. 7, the council had accepted PAC’s report on downtown parks and open space “with speed and a lack of unhappiness.” He did not mention that the other council representative on PAC, Mike Anglin (Ward 5), had dissented on that vote to accept the report. [Full Story]

County Takes Action to Preserve 250+ Acres

Washtenaw County parks & recreation commission meeting (Nov. 12, 2013): The agenda for WCPARC’s November meeting was short but included four major items of business in addition to the usual reports on finances and activities of staff.

Geddes Mill, Washtenaw County parks & recreation commission, The Ann Arbor Chronicle

Map showing the location of the Geddes Mill property, which is being donated to the Washtenaw County parks and recreation’s natural areas preservation program.

The commission received a report on properties under consideration for acquisition and took the first step to acquire two properties for the natural areas preservation program: (1) a conservation easement on the Koenn property, 264.4 acres in Sylvan Township’s extreme southwest corner, adjacent to the Michigan Dept. of Natural Resources Goose Lake State Game Area; and (2) about 10 acres owned by Geddes Mill Ltd., valued at $1.27 million and located south of Geddes Road just west of Dixboro Road. The owner is interested in donating the land to WCPARC, with the stipulation that the property be available for public use.

Two other major items were related to ongoing projects: (1) upgrading infrastructure at the Meri Lou Murray Recreation Center in Ann Arbor; and (2) shepherding the proposed Eastern County Recreation Center in Ypsilanti. WCPARC director Bob Tetens reported that planning continues for the rec center, proposed for the south side of Michigan Avenue, just east of downtown Ypsilanti on the east bank of the Huron River. This is a joint project with the city of Ypsilanti, as that city seeks to redevelop its 38-acre Water Street site. Ypsilanti mayor Paul Schreiber also briefly reported on efforts to coordinate planning for the rec center with changes brought by Ypsilanti’s master plan revisions, which are ongoing.

Other actions at the November meeting included approving reports on finances and the use of WCPARC’s major facilities; and getting updates on activities and projects, including a major new award and work on the Ann Arbor skatepark, which WCPARC is helping to fund.

Commission members also heard an unexpected announcement from WCPARC member Nelson Meade: he plans to leave WCPARC after the December 2013 meeting. Meade has been on WCPARC since its inception in 1973, and has served on many other public boards. Tetens announced there will be an open house on Dec. 6 at WCPARC headquarters to honor Meade. [Full Story]

Budget Debate: Public Safety Concerns

Washtenaw County board of commissioners meeting (Nov. 6, 2013): At another nearly six-hour meeting, county commissioners handled a full agenda with several major action items, including the 2014-2017 budget.

Yousef Rabhi, Andy LaBarre, Ronnie Peterson, Washtenaw County board of commissioners, The Ann Arbor Chronicle

From left: Washtenaw County commissioners Yousef Rabhi (D-District 8), Andy LaBarre (D-District 7) and Ronnie Peterson (D-District 6). (Photos by the writer.)

Following about three hours of debate and some minor amendments, commissioners gave initial approval to the proposed four-year general fund budget, for the years 2014-2017. The 7-2 vote came over the dissent of Dan Smith (R-District 2) and Ronnie Peterson (D-District 6), who cited concerns over a budget cycle extending for four years rather than two.

Much of the budget discussion focused on the sheriff’s operations. No layoffs are proposed, but 8.47 FTE positions would be kept unfilled. Most of those are in the sheriff’s office, which has a targeted budget reduction of $1.34 million. Sheriff Jerry Clayton, an elected official, attended the Nov. 6 meeting and addressed the board, telling commissioners that his office can’t continue to absorb budget cuts without affecting services. “For me not to tell you what I believe the impact on public safety is, if you make those cuts, would be negligent in my responsibility as the county sheriff.”

Board chair Yousef Rabhi (D-District 8) countered that every department head could make arguments against budget cuts. Noting that more revenues are needed, Rabhi said he hoped commissioners would support putting a countywide public safety millage on the ballot.

During public commentary after the budget debate, county prosecuting attorney Brian Mackie told commissioners that they had a difficult job, but that they were making it harder than it needed to be. He suggested looking for guidance in the state constitution, and relying on the experience of county administrator Verna McDaniel. Mackie also questioned whether commissioners were truly committed to public safety as a priority. He praised Clayton, noting that the sheriff is a respected figure with a national reputation. “He might know more about safety and criminal justice than you do,” Mackie said.

The budget must be given final approval by the end of the year, and only two more board meetings scheduled: On Nov. 20 and Dec. 4. The board will also hold a second public hearing on the budget on Nov. 20.

Several other agenda items related directly or indirectly to the county’s budget. On a 7-1 vote, the board gave final approval to an increase in the levy of the economic development and agricultural tax, known as Act 88 of 1913. The increase to the Act 88 millage is from 0.06 mills to 0.07 mills. Dan Smith (R-District 2) dissented and Rolland Sizemore Jr. (D-District 5) had left the meeting by the time the vote occurred, just after midnight. Smith questioned the constitutionality of the county levying this tax, as well as the legality of how the revenues are spent.

During public commentary, the board also heard from two people who objected to the tax levy, including Bill McMaster of Taxpayers United. McMaster, who helped lead the statewide campaign that resulted in passage of the Headlee Amendment in 1978, noted during public commentary that there’s a provision in the law allowing for legal action if taxes are raised without voter approval. It’s an action “which we will pursue,” he said.

The board also unanimously approved a tax-sharing agreement to allow a portion of county taxes to be captured by Pittsfield Township’s State Street corridor improvement authority (CIA). Pittsfield Township supervisor Mandy Grewal addressed commissioners during public commentary, thanking them for their support of the CIA. One opponent to the CIA – former township official Christina Lirones – spoke during two opportunities for public commentary, urging the board to opt out of the CIA.

Other items handled during the Nov. 6 meeting included (1) final approval to extend the coordinated funding approach for human services, as well as to authorize some changes in that funding model; (2) appointment of an advisory committee to propose options for county property on Platt Road; (3) final approval of a brownfield plan for Chelsea Milling Co. (Jiffy Mix); and (4) appointment of Ellen Rabinowitz as temporary health officer to replace Dick Fleece, who’s retiring at the end of 2013.

Communications during the meeting included public commentary from supporters of the Delonis Center homeless shelter in Ann Arbor, and concerns about state standards for permissible levels of 1,4-dioxane. [Full Story]

Nov. 18, 2013 Ann Arbor Council: Live

Editor’s note: This “Live Updates” coverage of the Ann Arbor city council’s Nov. 18, 2013 meeting includes all the material from an earlier preview article. We think that will facilitate easier navigation from live-update material to background material already in the file.

The Nov. 18, 2013 meeting of the Ann Arbor city council is the first one with the new post-election composition of the 11-member council. The one new member of the council is Jack Eaton (Ward 4), who prevailed in the August Democratic primary contested with Marcia Higgins. She concluded 14 years of council service at her final meeting on Nov. 7.

New sign on door to Ann Arbor city council chamber

The sign on the door to the Ann Arbor city council chamber, installed in the summer of 2013, includes Braille.

The Nov. 18 meeting will include ceremonial swearing in of all councilmembers who won election on Nov. 5 – including Eaton, Sabra Briere (Ward 1), Jane Lumm (Ward 2), Stephen Kunselman (Ward 3) and Mike Anglin (Ward 5).

Three other items internal to the council organizational configuration appear on the agenda: approval of the 2014 city council rules; appointment of the 2014 city council committees; and election of mayor pro tem, as well as establishing the order of succession for acting mayor.

In recent years, the rules and the committee appointments have been put off until the first meeting in December, with only the election of mayor pro tem taking place at the second meeting in November. Higgins had served as mayor pro tem since 2008.

Speculation among some council sources indicate that Lumm could have sufficient support on the council to win election as mayor pro tem. Mayor pro tem fulfills the duties of mayor when the mayor is out of town or unable to perform those duties. The mayor pro tem’s salary is the same as other councilmembers, which is $15,913. Customarily, the order of mayoral succession has followed seniority on the council, with councilmembers who were elected in the same year sorted alphabetically.

A substantial portion of the council’s Nov. 18 agenda consists of items the council has seen at least once before – some through postponement and others by the nature of the standard approval process. In the standard-process category, the council will be asked to confirm a handful of appointments to boards and commissions that were nominated on Nov. 7.

The council will also consider giving final approval to two ordinance revisions that received initial approval at the council’s Nov. 7 meeting. One of those ordinance revisions involves changing the permitting requirements for use of public parks – so that fees would be waived for organizations that use parks to distribute goods to meet basic human needs.

A second ordinance revision that will be up for final approval on Nov. 18 is a change to the ordinance regulating the Ann Arbor Downtown Development Authority’s tax increment finance capture and board governance.

Although it’s not yet on the online agenda, the council would expect to see a sales agreement for the former Y lot presented for consideration. The council had directed the city administrator to negotiate with Dennis Dahlmann for the sale of the land, based on his $5.25 million offer, and to present a sales agreement for approval on Nov. 18. [See 4:17 p.m. update below]

Several items on the Nov. 18 agenda were postponed from previous meetings. One of those was first seen on Nov. 7 – a resolution sponsored by Sally Petersen (Ward 2), which would direct an educational effort for local officials and the public on conflict of interest and ethics issues.

Several other items postponed from previous meetings are tied together by a transportation theme. The city council will be considering for a second time a revision to the articles of incorporation of the Ann Arbor Area Transportation Authority to admit Ypsilanti Township as a member and to increase the board membership from 9 to 10 members so that the township can appoint a member.

Postponed at the Nov. 7 meeting was the adoption of an update to the city’s non-motorized transportation plan, so the council will have a second look at that plan on Nov. 18.

Also postponed at the Nov. 7 meeting was a resolution to establish a pedestrian safety task force. It’s unclear if that task force will have sufficient traction to be appointed – because it was postponed amid concerns about the budget needed to support the task force’s work. The task force sponsors, Chuck Warpehoski (Ward 5) and Sabra Briere (Ward 1), have indicated their intent is not to make the task force an alternative to repealing the city’s mid-block crosswalk ordinance. [See 3:45 p.m. update below]

The repeal of language in the crosswalk ordinance will get its first reading at the council’s Nov. 18  meeting. The ordinance could be altered so that slowing (not necessarily stopping) would be a legal way to yield to pedestrians within crosswalks. The ordinance would be further changed so that only pedestrians within crosswalks (not those standing at the curb) would need to be accommodated by motorists.

Also related to streets are two resolutions authorizing the closing of streets in connection with New Year’s celebrations – on New Year’s Eve for the Puck Drops Here in downtown Ann Arbor, and on New Year’s Day for the NHL’s Winter Classic hockey game at Michigan Stadium.

The agenda features a few separate resolutions on standard easements and some rezoning requests. One of those rezoning requests is not standard – and was recommended by the planning commission for denial. That’s a request for rezoning a parcel on Packard Road from single-family to two-family.

The council will also be asked to authorize the city’s participation in the Michigan Economic Development Corporation’s Redevelopment Ready Communities Certification Program.

This article includes a more detailed preview of many of these agenda items. More details on other meeting agenda items are available on the city’s online Legistar system. Readers can also follow the live meeting proceedings Monday evening 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 preview material. Click here to skip the preview section and go directly to the live updates. The meeting is scheduled to start at 7 p.m. [Full Story]

Council Agenda: Transportation Governance

On the Ann Arbor city council’s Nov. 18, 2013 agenda is an item that first appeared on Oct. 21 – approval of a change to the governance of the Ann Arbor Area Transportation Authority. How would the AAATA’s governance change? And why did the Ann Arbor city council delay its vote?

Ypsilanti Township is now a member of the Ann Arbor Transportation Authority, pending consideration by the Ann Arbor and Ypsilanti city councils.

Ypsilanti Township would become a member of the AAATA, if the Ann Arbor city council approves a change to the AAATA’s articles of incorporation at its Nov. 18, 2013 meeting.

The governance change would grant a request from Ypsilanti Township to be admitted as a member of the authority, joining the cities of Ann Arbor and Ypsilanti. The city of Ypsilanti requested membership in the AAATA just this summer, and that request was granted.

Some of the recent community conversation about the topic has included the idea that the governance changes were long overdue. That’s based on the fact that some transportation service to the two Ypsilanti jurisdictions – the city and the township – has been provided by the AAATA through year-to-year purchase of service agreements (POSAs) since at least the early 1980s.

As a result of action earlier this summer, the AAATA board has already expanded from seven to nine members, with one of the additional seats appointed by the city of Ypsilanti. The now-pending governance change, to add Ypsilanti Township as a member, would bring the total number of board seats to 10. [Amendment 3 of the AAATA articles of incorporation]

But the Ypsilanti jurisdictions asked for membership in the AAATA not just because they wanted a seat at the table. They also want to use that membership to help generate additional revenue in the AAATA geographic area – to pay for additional transportation services in all three jurisdictions. Those additional services are described in a five-year service improvement plan the AAATA has developed. The additional services – which include extended hours of operation, greater frequency, and some newly configured routes – were the topic of a series of 13 public meetings that were scheduled from Oct. 17 through Nov. 14.

For the city of Ann Arbor, the five-year plan would mean 33% more service, according to the AAATA. It’s the additional services, and the revenue needed to pay for them, that gave some Ann Arbor city councilmembers pause on Oct. 21, 2013, when the item first appeared on the agenda.

This article reviews some additional context, including the taxing powers of the AAATA, the issue of equity among jurisdictions, the AAATA’s performance as a transit authority, and a couple of vignettes from the series of public meetings held over the last month by the AAATA. [Full Story]

Column: Connecting Dots – DDA, FOIA

Some good news for open government came out of Lansing this last week, on Nov. 12.

Extract from Ann Arbor Downtown Development Authority records of attendance at committee meetings.

Extract from Ann Arbor Downtown Development Authority records of attendance at committee meetings. Scanned by The Chronicle.

A piece of legislation that would “modernize” Michigan’s Freedom of Information Act moved out of the House Oversight Committee.

Progress on that legislation will be interesting to track as the bill possibly makes its way into state law. [.pdf of HB 4001]

For now, I’d like to focus on just one clause of the proposed legislation. And I’d like to connect that to some otherwise unrelated dots, one of which is an upcoming Ann Arbor city council vote.

That vote – on an appointment to the board of the Ann Arbor Downtown Development Authority – will take place either at the council’s next meeting on Nov. 18 or possibly at its following meeting on Dec. 2. [Full Story]

Ann Arbor FY 2013 Audit: Clean Report

An Oct. 24, 2013 meeting of the Ann Arbor city council’s audit committee featured just one item – a review of the draft audit report prepared by auditor Mark Kettner of Rehmann Robson, working with city staff. And overall the report on the fiscal year concluding on June 30, 2013 provided $2.4 million of good news for the city’s general fund.

Oct. 24, 2013 Ann Arbor city council audit committee meeting. From left: auditor Mark Kettner, Margie Teall (Ward 4), city chief financial officer Tom Crawford, Sumi Kailasapathy, Sally Petersen (Ward 2) and Stephen Kunselman (Ward 3). Arriving after this photo was taken was Chuck Warpehoski (Ward 5).

Oct. 24, 2013 Ann Arbor city council audit committee meeting. From left: auditor Mark Kettner (Rehmann Robson), Margie Teall (Ward 4), city chief financial officer Tom Crawford, Sumi Kailasapathy (Ward 1), Sally Petersen (Ward 2) and Stephen Kunselman (Ward 3). Arriving after this photo was taken was Chuck Warpehoski (Ward 5).

Highlights from that draft FY 2013 report, which has now been issued in final form to the city, include an increase to the general fund balance from about $15.4 million to about $16.2 million. The $800,000 increase contrasts to the planned use of roughly $1.6 million from the general fund balance in the FY 2013 budget. About $200,000 of the increase was in the “unassigned” fund balance. The rest of it fell into restricted categories, CFO Tom Crawford explained at the meeting.

The result of the audit, in the new GASB terminology, was an “unmodified” opinion – which corresponds to the older “unqualified” opinion. In sum, that means it was a “clean” audit. The concerns identified last year had been addressed to the auditor’s satisfaction.

Members of the audit committee were enthusiastic about the $2.4 million better-than-budget performance for the city’s general fund, which had expenditures budgeted for $74,548,522 in FY 2013.

However, Crawford cautioned that he is “not crazy about the versus-budget comparison” because actual expenses will generally be less than budget anyway. He also pointed out during the meeting that just $1.3 million of the $2.4 million better performance are recurring items – things that he would expect to continue going forward.

While the year-end audit provided some good news, Crawford said he recommended that the city try to have about $1 million to $1.5 million of “good news” each year, because the city needs fund balance to pay for non-recurring items.

Crawford and Rehmann auditor Mark Kettner walked the committee through some of the highlights that still, on balance, had led to the good news. Revenue for services was almost $400,000 less than budgeted, due in part to lower-than-budgeted fire inspection fee revenue. Fines and forfeitures – including parking tickets – were $300,000 less than budgeted. And investment income was off by $400,000. But state shared revenue came in at $500,000 better than budgeted. [These figures come from page 36 of the final audit report.]

“The general fund had pretty much a year like you’d hope it would,” Crawford said. The year ended with an unassigned fund balance of roughly $14 million, or about 18% of expenditures – and 18-20% of expenditures is where the fund balance should be, he said. “So we’re really in a good spot.”

Challenges facing the city this coming year include the implementation of the new GASB 68 accounting standard starting in FY 2015, which begins July 1, 2014. That standard requires that most changes to the net pension liability will be included immediately on the balance sheet – instead of being amortized over a long time period. The GASB 68 standard must be implemented for an organization’s financial statements for fiscal years beginning after June 15, 2014.

Crawford prepped the committee to see a probable drop in the pension plans funded ratio – from about 82% to 80% – because of the five-year window used to book losses. The last of the losses in 2008-09 will be on the books this year, but after that the city would expect to see improvement every year, Crawford said. This most recent year, the pension fund had an 11% return, which is four points better than the 7% return the fund assumes for planning purposes.

Two of the city’s funds were highlighted by Crawford at the Oct. 24 meeting as having potential difficulties associated with the GASB 68 standard – solid waste and the public market (farmers market). For the public market fund, Crawford floated the idea to the audit committee that it could be folded back into the city’s general fund, on analogy with the golf fund. Starting this year (FY 2014) the golf fund has been returned to general fund accounting.

The consensus on the audit committee was that the full city council should receive a brief presentation on the audit report – either at an upcoming working session or a regular meeting. [.pdf of final audit report released on Nov. 15, 2013]

Prior to new committee assignments to be made by the post-election composition of the city council, the audit committee consists of: Margie Teall (Ward 4), Sumi Kailasapathy (Ward 1), Sally Petersen (Ward 2), Stephen Kunselman (Ward 3), and Chuck Warpehoski (Ward 5).

This report includes additional description of the Oct. 24, 2013 city council audit committee meeting. [Full Story]

AADL on Board with State Street CIA

Ann Arbor District Library board meeting (Nov. 11, 2013): In a 6-1 vote, AADL trustees approved a tax-sharing agreement for Pittsfield Township’s State Street corridor improvement authority (CIA). Nancy Kaplan cast the lone dissenting vote, saying she couldn’t support diverting dollars that taxpayers had intended for the library.

Nancy Kaplan, Ann Arbor District Library, The Ann Arbor Chronicle

Ann Arbor District Library trustee Nancy Kaplan cast the only vote against approving a tax-sharing agreement between AADL, Pittsfield Township and the State Street corridor improvement authority. (Photos by the writer.)

For taxing entities that participate, a portion of revenues from local taxes would be used to provide matching dollars to help secure federal funding for road improvements and other features along the State Street corridor. The CIA covers a stretch roughly between Ellsworth and Michigan Avenue.

Although other trustees indicated that they shared Kaplan’s concerns, they were persuaded to support the CIA for several different reasons. Margaret Leary said she appreciated the transparency and openness of township officials during this process. She noted that in contrast to some other TIF arrangements, the tax-sharing agreement with the CIA is clear, comprehensive and was developed in a collaborative way. [Her reference to other TIF arrangements was likely an allusion to the Ann Arbor Downtown Development Authority. See Chronicle coverage: "Library View on DDA TIF Capture: Unchanged"]

Leary also pointed out that the CIA will create a situation that could benefit the AADL, which operates a branch in Pittsfield Township. If the overall tax base increases because of improvements to the State Street corridor, she said, then tax revenues for AADL will increase too. Barbara Murphy added that the amount of AADL tax revenue that will be diverted to the CIA is relatively small – about $120,000 over 20 years – compared to some other taxing entities.

Two people addressed the board during public commentary about the CIA. Prior to the vote, Christina Lirones – a former Pittsfield Township official – urged the board to opt out. At the end of the meeting, Don Salberg said he was disappointed in the board’s decision. He had expected AADL to opt out.

In addition to Pittsfield Township and AADL, other taxing entities within the CIA are Washtenaw County, Washtenaw County parks & recreation, Huron Clinton Metropolitan Authority (metroparks), Washtenaw Community College, and Saline District Library. At its Nov. 12 meeting, the Saline library board voted to opt out of the CIA. The metroparks board also decided to opt out, with a vote at its Nov. 14 morning meeting. The Washtenaw County board of commissioners and the county’s parks & recreation commission both voted in support of the CIA. WCC trustees have not yet made a decision.

Also during the Nov. 11 meeting, AADL director Josie Parker highlighted the fact that AADL had been awarded a five-star ranking by the Library Journal – the highest ranking awarded by the journal for library use in a community. AADL is the only library system in Michigan that achieved that level, and has been awarded this designation for five consecutive years. AADL is the only library in Michigan to ever achieve five stars.

And during committee reports, Nancy Kaplan noted that the communications committee has reviewed a report from Allerton-Hill Consulting. [.pdf of Allerton-Hill report] Some of the recommendations in the report include expanding the use of social media, publishing a quarterly newsletter to keep library patrons informed, and conducting a satisfaction survey to determine the priorities and public perception of the library, and to learn more about who is using the library, and why. The administration will now determine whether and how to implement the report’s recommendations.

During public commentary, Kathy Griswold urged the board to be more open and transparent, specifically by recording its meetings for broadcast. [Full Story]

Nov. 18, 2013 Ann Arbor City Council: Preview

The Nov. 18, 2013 meeting of the Ann Arbor city council is the first one with the new post-election composition of the 11-member council. The one new member of the council is Jack Eaton (Ward 4), who prevailed in the August Democratic primary contested with Marcia Higgins. She concluded 14 years of council service at her final meeting on Nov. 7.

Screenshot of Legistar – the city of Ann Arbor online agenda management system. Image links to the next meeting agenda.

Screenshot of Legistar – the city of Ann Arbor online agenda management system. Image links to the Nov. 18 meeting agenda.

The Nov. 18 meeting will include ceremonial swearing in of all councilmembers who won election on Nov. 5 – including Eaton, Sabra Briere (Ward 1), Jane Lumm (Ward 2), Stephen Kunselman (Ward 3) and Mike Anglin (Ward 5).

Three other items internal to the council organizational configuration appear on the agenda: approval of the 2014 city council rules; appointment of the 2014 city council committees; and election of mayor pro tem, as well as establishing the order of succession for acting mayor.

In recent years, the rules and the committee appointments have been put off until the first meeting in December, with only the election of mayor pro tem taking place at the second meeting in November. Higgins had served as mayor pro tem since 2008.

Speculation among some council sources indicate that Lumm could have sufficient support on the council to win election as mayor pro tem. Mayor pro tem fulfills the duties of mayor when the mayor is out of town or unable to perform those duties. The mayor pro tem’s salary is the same as other councilmembers, which is $15,913. Customarily, the order of mayoral succession has followed seniority on the council, with councilmembers who were elected in the same year sorted alphabetically.

A substantial portion of the council’s Nov. 18 agenda consists of items the council has seen at least once before – some through postponement and others by the nature of the standard approval process. In the standard-process category, the council will be asked to confirm a handful of appointments to boards and commissions that were nominated on Nov. 7.

The council will also consider giving final approval to two ordinance revisions that received initial approval at the council’s Nov. 7 meeting. One of those ordinance revisions involves changing the permitting requirements for use of public parks – so that fees would be waived for organizations that use parks to distribute goods to meet basic human needs.

A second ordinance revision that will be up for final approval on Nov. 18 is a change to the ordinance regulating the Ann Arbor Downtown Development Authority’s tax increment finance capture and board governance.

Although it’s not yet on the online agenda, the council would expect to see a sales agreement for the former Y lot presented for consideration. The council had directed the city administrator to negotiate with Dennis Dahlmann for the sale of the land, based on his $5.25 million offer, and to present a sales agreement for approval on Nov. 18.

Several items on the Nov. 18 agenda were postponed from previous meetings. One of those was first seen on Nov. 7 – a resolution sponsored by Sally Petersen (Ward 2), which would direct an educational effort for local officials and the public on conflict of interest and ethics issues.

Several other items postponed from previous meetings are tied together by a transportation theme. The city council will be considering for a second time a revision to the articles of incorporation of the Ann Arbor Area Transportation Authority to admit Ypsilanti Township as a member and to increase the board membership from 9 to 10 members so that the township can appoint a member.

Postponed at the Nov. 7 meeting was the adoption of an update to the city’s non-motorized transportation plan, so the council will have a second look at that plan on Nov. 18.

Also postponed at the Nov. 7 meeting was a resolution to establish a pedestrian safety task force. It’s unclear if that task force will have sufficient traction to be appointed – because it was postponed amid concerns about the budget needed to support the task force’s work. The task force sponsors, Chuck Warpehoski (Ward 5) and Sabra Briere (Ward 1), have indicated their intent is not to make the task force an alternative to repealing the city’s mid-block crosswalk ordinance.

The repeal of language in the crosswalk ordinance will get its first reading at the council’s Nov. 18  meeting. The ordinance could be altered so that slowing (not necessarily stopping) would be a legal way to yield to pedestrians within crosswalks. The ordinance would be further changed so that only pedestrians within crosswalks (not those standing at the curb) would need to be accommodated by motorists.

Also related to streets are two resolutions authorizing the closing of streets in connection with New Year’s celebrations – on New Year’s Eve for the Puck Drops Here in downtown Ann Arbor, and on New Year’s Day for the NHL’s Winter Classic hockey game at Michigan Stadium.

The agenda features a few separate resolutions on standard easements and some rezoning requests. One of those rezoning requests is not standard – and was recommended by the planning commission for denial. That’s a request for rezoning a parcel on Packard Road from single-family to two-family.

The council will also be asked to authorize the city’s participation in the Michigan Economic Development Corporation’s Redevelopment Ready Communities Certification Program.

This article includes a more detailed preview of many of these agenda items. More details on other agenda items are available on the city’s online Legistar system. The meeting proceedings can be followed Monday evening live on Channel 16, streamed online by Community Television Network. [Full Story]

Traverwood OK’d, More Heard on D1 Zoning

Ann Arbor planning commission meeting (Nov. 6, 2013): In its one matter involving a substantive vote, the commission recommended all necessary approvals for the Traverwood Apartments project – a planned complex of 16 two-story buildings on the west side of Traverwood Drive, north of Plymouth Road. Commissioners recommended approval of the site plan, development agreement, rezoning and wetland use permit.

Kirk Westphal

Planning commission chair Kirk Westphal. (Photos by the writer.)

In a non-voting item, the commission was presented with a possible change to its bylaws – that could clarify whether someone is allowed to speak more than once at the same public hearing. The bylaws themselves prescribe that changes to the bylaws can only be voted on after their presentation at a previous meeting. The city council would need to give final approval to any bylaws changes.

The following evening, on Nov. 7, the city council delayed consideration of an earlier bylaws change that the planning commission had approved (dealing with accessibility issues) – to allow for the possibility that the council could eventually approve both changes in one action.

The bylaws issue involving public hearings had stemmed from an Oct. 15, 2013 debate among commissioners about the ability of a person to address the commission more than one time during the same public hearing. The Oct. 15 public hearing involved the downtown zoning review that the planning commission was directed by the city council to complete by Oct. 1. That public hearing continued at the commission’s Nov. 6, 2013 meeting. It marked the third time in the past month that commissioners have heard public input on a consultant’s report with recommendations to changes in the city’s downtown zoning.

The commission didn’t vote on the zoning review item, however. It will be taken up again at a Nov. 12 work session, with an eye toward eventually making a recommendation to the city council.

The majority sentiment among the nearly dozen people who spoke to the commission about the zoning review on Nov. 6 was that the consultant’s recommendations did not adequately address the need for buffering between areas zoned D1 and those zoned residential. However, the owner of the building on property at the southeast corner of William and Main – where DTE offices are located – did not share that sentiment. He offered his perspective that the parcel should not have zoning applied that splits the parcel between D1 and D2 zoning, which is the consultant’s recommendation.

Planning commissioners did not engage in substantive discussion on the downtown zoning review. Instead they focused on what procedure to use in delaying consideration of a resolution that would make a recommendation to the city council. The inclination to delay stemmed from a request by two commissioners who were absent due to illness – Sabra Briere and Wendy Woods.

The outcome of the scheduling discussion was to postpone consideration until the commission’s next working session on Nov. 12 – which will start at 7 p.m. in a basement conference room at city hall. The public will be heard at the end of the commission’s working session discussion. Commissioners at the Nov. 6 meeting indicated that they’ll likely need more than just one additional discussion to come to a consensus on what the recommendation to the city council should be. They won’t be voting on anything at the Nov. 12 working session.

This report also includes material on the downtown zoning review from the meeting of the Ann Arbor Downtown Development Authority board earlier in the day on Nov. 6.  [Full Story]

Public Art Commission Plans for Future

Ann Arbor public art commission meeting (Oct. 23, 2013): The most recent AAPAC meeting focused on an ongoing transition for Ann Arbor’s public art program.

Mags Harries and Lajos Heder, Ann Arbor public art commission, The Ann Arbor Chronicle

Rendering of “Bucket Cascade” proposal by Mags Harries and Lajos Heder. It’s one of two finalists for public art at the city’s Argo Cascades.

Commissioners were briefed about the city’s capital improvements plan (CIP), which will now be integral to the public art program. AAPAC and city staff will identify projects in the CIP that might be candidates for public art “enhancements” – if the council agrees and provides additional funding for that purpose. It’s a change from the previous Percent for Art program, which the city council eliminated earlier this year.

Deb Gosselin, who oversees the CIP process, attended AAPAC’s meeting and described a decision-making matrix that’s used to help city staff prioritize capital projects. AAPAC plans to use that matrix as a model for developing its own method of prioritizing potential public art projects.

Commissioners also briefly discussed four possible capital projects that might include public art enhancements, including an enclosure of the farmers market, and a retaining wall to be built as part of a Stadium Boulevard reconstruction.

Some of these issues will likely be picked up during a retreat that’s set for Nov. 20. The idea of a retreat was proposed by one of the newer commissioners, Ashlee Arder, as a way to get to know each other better, as well as to discuss the creation of AAPAC’s annual plan, which is due to the council in early 2014. Arder also hopes to assemble a “curated team” from different sectors of the community, to help AAPAC develop ideas for fostering public art as well as the broader creative sector.

Also at their most recent meeting, commissioners acted on a specific project that’s already underway. They authorized applying for a $40,000 grant from the Community Foundation of Southeast Michigan to fund a public art project in the Arbor Oaks/Bryant neighborhood on Ann Arbor’s southeast side. But they tabled another proposal – for artwork at the roundabout on South State and Ellsworth – until their February 2014 meeting, allowing time for commissioners to see how it might fit into an overall public art plan.

Updates were provided during the meeting on several other projects, including the Coleman Jewett memorial at the farmers market, finalists for artwork at Argo Cascades, and a plan to add an artistic element to the city’s new bike share program. [Full Story]

DDA OKs Streetscape Contract, Parking Permits

Ann Arbor Downtown Development Authority board meeting (Nov. 6, 2013): Two voting items were considered by the board: (1) an award of a consulting contract to SmithGroupJJR and Nelson\Nygaard to develop a streetscape framework plan; and (2) approval of monthly permits in the public parking system for the 624 Church St. project.

From left: Peter Allen, Dennis Tice, Brad Moore, Sabra Briere

From left: Local developer Peter Allen, 624 Church St. project owner Dennis Tice, that project’s architect Brad Moore, and Ward 1 city councilmember Sabra Briere. Briere accepted congratulations on her council re-election win the previous day. (Photos by the writer.)

Both items were approved on unanimous votes at the meeting, which featured perfect attendance by the 11 current members of the board. The following evening, on Nov. 7, the Ann Arbor city council confirmed the appointment of Cyndi Clark, owner of Lily Grace Cosmetics, to fill a vacancy on the 12-member DDA body. At its Nov. 6 meeting, the board did not discuss either Clark’s appointment or the other council agenda item affecting the DDA – a revision to the city ordinance that regulates the DDA TIF (tax increment financing) capture.

The sale of monthly parking permits for the 624 Church St. development was an issue that the DDA board had previously considered – for an earlier version of the project, which had actually completed the city approval process. It had gone through planning commission review and recommendation, with a site plan approved by the city council on March 4, 2013. For that earlier version, the project was required to provide 42 parking spaces for the additional residential square footage it contained beyond the by-right density under the city’s zoning code. Instead of providing the parking spaces on-site, the owner of the project sought to satisfy the requirement through the contribution in lieu (CIL) program – a request that was granted by the DDA.

For this revised and expanded version of the project – made possible through additional land acquisition – a greater number of parking spaces is required. And the project owner again sought to meet that requirement through the CIL program. So at its Nov. 6 meeting, the DDA board granted the project owner the ability to purchase 48 monthly parking permits in the Forest Avenue parking structure.

The DDA board also acted on its streetscape framework project. The contract awarded to SmithGroupJJR and Nelson\Nygaard is meant to provide guidance for developing future streetscape projects, not to design any specific streetscape project. The most recent streetscape improvement undertaken by the DDA was the Fifth and Division project, which included lane reconfigurations and bump-outs.

In addition to its voting items, the board received a raft of updates, which included reports on the first quarter financials. The DDA is essentially on course to realize $4.5 million in TIF capture revenue and about $19 million in parking revenue. Other updates included reports on preparations for the NHL Winter Classic hockey game, debriefing on the International Downtown Association conference attended by some board members and staff, Freedom of Information Act issues, and public commentary.

The board heard from Ray Detter, speaking on behalf of the downtown area citizens advisory council, about the ongoing downtown zoning review. Detter’s remarks were countered by DDA board members. Detter reprised his comments at the city planning commission meeting later that evening. So that back-and-forth will be reported out in more detail as a part of The Chronicle’s Nov. 6, 2013 city planning commission report. [Full Story]

Column: Taking a Long Look at Redistricting

The new Ann Arbor Public Schools superintendent, Jeanice Swift, is on her “listening tour,” visiting each and every one of Ann Arbor’s schools. If you haven’t gone to one of those sessions yet, I encourage you to go. Here’s the schedule.

Ruth Kraut, Ann Arbor Public Schools, The Ann Arbor Chronicle

Ruth Kraut

One thing that has come up in discussions at some schools is the possibility of school closings. This is a natural outgrowth of the fact that in the AAPS district, the prospect of school closings was raised explicitly by the school board in the spring, and by the fact that the Ann Arbor schools have been under financial pressure for several years. (As has every school district in Michigan. You can visit Michigan Parents for Schools to find out more about why that is.)

In fact, in the spring of 2013 the district issued requests for proposals for consultants to help on redistricting. Eventually, they began discussions with the University of Michigan to help the district decide what schools, if any, should be closed. Since nothing has been fully negotiated, I can’t say whether the University of Michigan’s proposal is a good plan or not. They may have a role to play. But I can say this: parents and community members have “skin in the game” when it comes to discussing redistricting schools, and I believe there is an effective way to make these decisions.

As it happens, shortly before I moved to town in 1985, Ann Arbor went through a redistricting process. It was thoughtful, involved a broad sector of the community, and resulted in significant realignments and school closings – with long-lasting benefits. It’s worth taking a look at what happened then. If redistricting is in Ann Arbor’s future, this process may be worth copying and updating. [Full Story]

Nov. 7, 2013 City Council: Live Updates

Editor’s note: This “Live Updates” coverage of the Ann Arbor city council’s Nov. 7, 2013 meeting includes all the material from an earlier preview article. We think that will facilitate easier navigation from live-update material to background material already in the file.

New sign on door to Ann Arbor city council chamber

The sign on the door to the Ann Arbor city council chamber, installed in the summer of 2013, includes Braille.

The Thursday meeting, shifted from its usual Monday slot due to the Tuesday elections, is the last one with the current composition of the 11-member council. The outcome of Tuesday’s elections left all incumbents in place except for Marcia Higgins (Ward 4), whose departure was decided in the August Democratic primary. Ward 4 primary winner Jack Eaton will be the single new face on the council at its Nov. 18 meeting. At the Nov. 7 meeting, Higgins will likely receive a customary parting gift from her colleagues, to acknowledge her 14 years of service on the council.

The agenda is relatively heavy, featuring at least 34 voting items. This preview includes a more detailed explanation of several of those items, but first provides a thematic overview.

The city’s downtown factors prominently on the agenda in at least three ways. The city council will be asked to consider passing a resolution to direct the city administrator to negotiate a sales agreement for the city-owned property along William Street between Fourth and Fifth avenues, known as the old Y lot. The council will also be considering a revision to the city ordinance regulating the tax increment finance (TIF) capture of the Ann Arbor Downtown Development Authority. That’s been on the agenda since February, but now a committee of councilmembers and DDA board members has put forth a competing recommendation, which will also be on the Nov. 7 agenda.

Also related to downtown, the council will be formally accepting a report completed by the city’s park advisory commission with recommendations related to downtown parks.

Non-motorized issues also factor prominently as a theme of the Nov. 7 agenda. In addition to an update of the city’s non-motorized transportation plan, the council will consider establishing a pedestrian safety task force. The council’s agenda also includes the first of a series of resolutions for two separate sidewalk projects – one on Stone School Road and another on Scio Church Road. The council’s resolutions for those projects, directing the design work and detailed cost estimates, are the first actions necessary for some of the funding of the sidewalks to be special assessed to the adjacent property owners.

An additional project related to non-motorized issues, but not obviously so, is a contract with the Michigan Dept. of Transportation to resurface a portion of Huron Street from Main Street westward as Huron becomes Jackson Avenue on to I-94, as well as a section of South Maple. The intent is to re-stripe the roadway, reducing the lanes from four to three and adding bicycle lanes.

The sidewalk and street projects are among several capital improvement-related items on the agenda, including one that would help stabilize the earthen berm adjacent to Barton Dam. The council will also be considering a half dozen resolutions that will authorize applying for state grants that could fund capital asset projects for the city.

In addition to the items related to the city’s physical infrastructure, the council has several items that could be described as relating to the city’s social infrastructure. Those items relate to grants from the state and federal government to the 15th District Court for several of its specialty courts that focus on drug offenses, domestic violence, and veterans issues. The council will also be asked to approve a modified continuation of its coordinated funding approach to human services.

The agenda includes some council initiatives announced at the council’s previous meeting on Oct. 21. One of those is a resolution requesting that the University of Michigan decommission a recently constructed digital billboard near the football stadium.

Another one is a resolution directing the education of city officials on professional conduct. Related tangentially to those ethical considerations are the approvals of new bylaws for two of the city’s boards and commissions – the planning commission and the design review board.

This article includes a more detailed preview of many of these agenda items. More details on other meeting agenda items are available on the city’s online Legistar system. Readers can also follow the live meeting proceedings Thursday evening 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 preview material. Click here to skip the preview section and go directly to the live updates. The meeting is scheduled to start at 7 p.m. [Full Story]

City Council Incumbents, AAPS Tax Win

The four of five city councilmembers whose seats were up for re-election were returned to office by Ann Arbor voters in the Nov. 5, 2013 election: Democrat Sabra Briere (Ward 1), independent Jane Lumm (Ward 2), Democrat Stephen Kunselman (Ward 3) and Democrat Mike Anglin (Ward 5).

Election Map Ward 2

Screen shot of Washtenaw County clerk election results map for Ward 2. Purple shading corresponds to precincts won by Lumm, light blue to those won by Westphal. The two precincts won by Westphal were the lightly voted 2-1 (70 Westphal, 59 Lumm, 5 Brown) and 2-2 (7 Westphal, 3 Lumm, 3 Brown).

In Ward 4, Democrat Jack Eaton was unopposed on the ballot and won easily, with 88.9% of the tally, against declared write-in candidate William Lockwood.

The Ann Arbor Public Schools sinking fund millage won easily with a 13,321 (80.34%) to 3,259 (19.7%) margin.

The outcome makes Eaton the only new member on the 11-member council. He’ll replace Democrat Marcia Higgins. Eaton and Higgins contested the Aug. 6 Democratic primary, which Eaton won in decisive fashion – with about 65% of the vote.

The composition of the council will not change before its Nov. 7, 2013 meeting, which features a very heavy agenda. Eaton will join Ward 4 colleague Margie Teall at the table for the Nov. 18 meeting, but will be officially sworn in on Nov. 11.

Ward 2 featured the closest race, with Lumm’s 2,071 votes (55.9%) still a clear margin over Democratic challenger Kirk Westphal’s 1,549  (41.8%), and independent Conrad Brown’s 71 (1.9%). Lumm’s relative share of the votes was slightly less than the 60% she received in her 2011 win against Stephen Rapundalo, but came within eight votes of matching the number of votes she received in 2011 (2,079). [Full Story]

Ann Arbor Election Day: Nov. 5, 2013

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

This Election Day reminder is not intended to imply even indirectly a willingness by the University of Michigan athletic department to provide a slot in the marquee’s message rotation for city of Ann Arbor public service announcements.

This Photoshopped Election Day reminder is not intended to imply even indirectly a willingness by the University of Michigan athletic department to provide a slot in the marquee’s message rotation for city of Ann Arbor public service announcements.

This year voters in the general election will be confronted with two issues – a city council race and the Ann Arbor Public Schools sinking fund millage. Ann Arbor city council seats have contested races in all five wards, but not all official candidates are on the ballot. Three candidates have filed as write-ins.

Voters in Ward 1 will see three names on the ballot: incumbent Democrat Sabra Briere, independent Jeff Hayner and independent Jacyln Vresics. Vresics has withdrawn from the race, but did not make that decision soon enough to prevent her name from appearing on the ballot.

Voters in Ward 2 will choose between incumbent independent Jane Lumm, Democrat Kirk Westphal and independent Conrad Brown.

In Ward 3, voters will choose between incumbent Democrat Stephen Kunselman and independent Sam DeVarti.

Ward 4 Democratic primary winner Jack Eaton, who prevailed against incumbent Democrat Marcia Higgins, does not face an opponent on the ballot. However, William Lockwood has filed as a write-in candidate for Ward 4.

Incumbent Democrat Mike Anglin was unchallenged in the Ward 5 primary, and does not have an opponent on the ballot for the general election. However, Thomas Partridge and Chip Smith are declared write-in candidates.

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

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

Nov. 7, 2013 Ann Arbor City Council: Preview

The Nov. 7, 2013 meeting of the Ann Arbor city council is the last one with the current composition of the 11-member council. The agenda is relatively heavy, featuring at least 34 voting items. This preview includes a more detailed explanation of several of those items, but first provides a thematic overview.

Screenshot of Legistar – the city of Ann Arbor online agenda management system. Image links to the next meeting agenda.

Screenshot of Legistar – the city of Ann Arbor online agenda management system. Image links to the Nov. 7 meeting agenda.

The city’s downtown factors prominently on the agenda in at least three ways. The city council will be asked to consider passing a resolution to direct the city administrator to negotiate a sales agreement for the city-owned property on William Street between Fourth and Fifth avenues, known as the old Y lot. The council will also be considering a revision to the city ordinance regulating the tax increment finance (TIF) capture of the Ann Arbor Downtown Development Authority. That’s been under consideration by the council since February, but now a committee of councilmembers and DDA board members has put forward a competing recommendation, which will also be on the Nov. 7 agenda.

Also related to downtown, the council will be formally accepting a report completed by the city’s park advisory commission with recommendations on downtown parks.

Non-motorized issues also factor prominently as a theme of the Nov. 7 agenda. In addition to an update of the city’s non-motorized transportation plan, the council will consider establishing a pedestrian safety task force. The council’s agenda also includes the first of a series of resolutions for two separate sidewalk projects – one on Stone School Road and another on Scio Church Road. The council’s resolutions for those projects, directing the design work and detailed cost estimates, are the first actions necessary for some of the funding of the sidewalks to be special assessed to the adjacent property owners.

An additional project related to non-motorized issues, but not obviously so, is a contract with the Michigan Dept. of Transportation to resurface a portion of Huron Street from Main Street westward as Huron becomes Jackson Avenue on to I-94, as well as a section of South Maple. The intent is to re-stripe the roadway, reducing the lanes from four to three and adding bicycle lanes.

The sidewalk and street projects are among several capital improvement-related items on the agenda, including one that would help stabilize the earthen berm adjacent to Barton Dam. The council will also be considering a half dozen resolutions that will authorize applying for state grants that could fund capital asset projects for the city.

In addition to the items related to the city’s physical infrastructure, the council has several items that could be described as relating to the city’s social infrastructure. Those items relate to grants from the state and federal government to the 15th District Court for several of its specialty courts that focus on drug offenses, domestic violence, and veterans issues. The council will also be asked to approve a modified continuation of its coordinated funding approach to human services.

The agenda includes some council initiatives announced at the council’s previous meeting on Oct. 21. One of those is a resolution requesting that the University of Michigan decommission a recently constructed digital billboard near the football stadium.

Another one is a resolution directing the education of city officials on professional conduct. Related tangentially to those ethical considerations are the approvals of new bylaws for two of the city’s boards and commissions – the planning commission and the design review board.

This article includes a more detailed preview of many of these agenda items. More details on other meeting agenda items are available on the city’s online Legistar system. The meeting proceedings can be followed live Thursday evening on Channel 16, streamed online by Community Television Network. [Full Story]

Column: Tilting at Billboards

The Ann Arbor city council’s post-election meeting agenda for Nov. 7, 2013 would be heavy enough without the addition of an item that will almost certainly serve no purpose except political theater.

This animated .gif is purely the product of The Chronicle's art department and in not intended to imply any willingness by the University of Michigan to slot in city of Ann Arbor public service announcements.

This animated .gif is purely the product of The Chronicle’s “art department” and is not intended to imply even indirectly a willingness by the University of Michigan athletic department to provide a slot in the marquee’s message rotation for city of Ann Arbor public service announcements.

The council will be considering a resolution that asks the University of Michigan to decommission the $2.8 million digital marquee recently constructed by the university’s athletic department. I don’t think the university is going to give that any thought.

In this unnecessary drama, Christopher Taylor (Ward 3) appears to be playing the role of Don Quixote, with four councilmembers auditioning for the role of Sancho – Marcia Higgins (Ward 4), Margie Teall (Ward 4), Sally Petersen (Ward 2) and Jane Lumm (Ward 2). Those five are co-sponsoring the resolution. [If the council really wants to tilt at windmills, the city could have a literal one soon enough.]

The council’s Nov. 7 resolution cites the city’s own recently enacted sign ordinance, which constrains the deployment of digital technology for outdoor signs. According to the resolution, the marquee inflicts the same harms on the community that the city’s newly amended ordinance sought to prevent. [Petersen and Higgins, however, voted against that ordinance.] Those harms are described in the resolution as “distract[ing] motorists and substantially degrad[ing] the community viewshed…”

As the text of the council’s Nov. 7 resolution itself concedes, the University of Michigan is “without any obligation to comply with the ordinances of the city of Ann Arbor” – so the fact that the UM’s marquee rather flagrantly flouts the city council’s sign ordinance is of no consequence.

What is semantically bizarre about the text of the resolution is its contention that by turning the marquee off, or by limiting its use, the Ann Arbor community would be delivered a “material benefit.” If the council’s position really is that the marquee is doing harm, then by no rational standard should the mere mitigation of that perceived harm be labeled a “benefit,” much less a material one.

By way of analogy, if a chemical company is dumping toxic sludge onto my property and jeopardizing my health, then it’s not really a “benefit” to me if the company were to stop doing that. But it could be considered a benefit if the company allowed me to take my own personal toxic sludge and add it to the company’s pile, which the company then removed from my property.

If the city councilmembers who crafted the resolution had taken the phrase “material benefit” seriously, it might have given them pause to ask: Hey, could city residents derive some actual benefit from this situation? And that might have led them to reflect on the reason the UM athletic department wanted to construct this marquee. I think it’s an attempt to meet a communications challenge.

And guess what: The city of Ann Arbor has its own communication challenges. Can you see where this is headed? Or are you too distracted by the constantly changing display in the dumb little animated .gif at the top of this column?  [Full Story]

County Board Debates Taxes, State Laws

Washtenaw County board of commissioners meeting (Oct. 16, 2013): A packed agenda and extensive public commentary resulted in a meeting lasting over six hours, with the majority of discussion focused on three issues: (1) the state’s Stand Your Ground law; (2) an increase to the Act 88 tax, and questions about the legality of such a levy; and (3) the county’s participation in a Pittsfield Township corridor improvement authority for State Street.

Stand Your Ground, Washtenaw County board of commissioners, The Ann Arbor Chronicle

A supporter of Michigan’s Stand Your Ground law brought his gun to the Oct. 16 meeting of the Washtenaw County board of commissioners. (Photos by the writer.)

About three dozen people spoke to the board about the Stand Your Ground resolution, which urged the state legislature to repeal that law. Although there were speakers on both sides of the issue, more than 20 voiced opposition to the resolution, including several who attended the meeting wearing sidearms.

It was after midnight when the board took a 5-to-4 vote to pass the resolution, over dissent from Kent Martinez-Kratz (D-District 1), Dan Smith (R-District 2), Alicia Ping (R-District 3), and Rolland Sizemore Jr. (D-District 5). In support of the resolution were Felicia Brabec (D-District 4), Ronnie Peterson (D-District 6), Andy LaBarre (D-District 7), Yousef Rabhi (D-District 8) and Conan Smith (D-District 9).

The following week, David Raaflaub of Ypsilanti – a former candidate for county commissioner – filed a complaint against the board in the 22nd Circuit Court. The complaint asks the court to determine two issues: (1) what authority the board has that enables it to “draw conclusions of law,” and (2) what authority the board has to represent the county in seeking changes to state law. Dan Smith has indicated that he would bring forward a resolution to rescind the board’s Oct. 16 action, if it’s determined that the county will incur additional costs – such as fees for outside legal counsel – to defend the lawsuit.

Another major debate on Oct. 16 related to an increase in the Act 88 tax levy, which funds economic development and agriculture – including activities of Ann Arbor SPARK. The board ultimately gave initial approval to increase the tax from 0.06 mills to 0.07 mills, following a long discussion and a failed attempt by Conan Smith to increase the tax even more, to 0.09 mills. His proposal for a draft policy to guide the allocation of Act 88 funds did win support from the majority of commissioners, however.

The county’s position is that it’s authorized to collect the Act 88 millage – as well as a levy for veterans relief services – without seeking voter approval. That’s because the state legislation that enables the county to levy these taxes predates Michigan’s Headlee Amendment. During deliberations, Dan Smith raised questions about whether levying this kind of tax is constitutional. He also questions whether the language of the Act 88 statute allows the kind of general interpretation the county is using to define eligible uses of funds generated by the levy.

Dan Smith also proposed amendments for both the Act 88 and veterans relief millages in the future exempt them from capture by tax increment financing (TIF) districts or authorities in the county. Those exemptions, which were approved by the board, would apply to tax capture from a proposed State Street corridor improvement authority (CIA) in Pittsfield Township. After about 90 minutes of debate, the board gave initial approval to participate in that project, with Dan Smith casting the only dissenting vote. He had unsuccessfully proposed postponement, then floated an opt-out resolution that did not secure enough votes to pass. The board is expected to take a final vote on participating in the CIA at its Nov. 6 meeting.

In other action, the board (1) gave initial approval to a proposed brownfield redevelopment plan by the Chelsea Milling Co., makers of Jiffy Mix; (2) appointed Barb Fuller to the county road commission; (3) took an initial vote to extend the coordinated funding approach, which supports local nonprofits; and (4) authorized the annual apportionment report, with details of the 2013 taxable valuations for property in the county.

And in a vote taken after midnight, the board rejected a proposal that would have given notice to eliminate a lump-sum budgeting approach for Washtenaw County’s court system. That vote was 3-6, with support from only Dan Smith (R-District 2), Conan Smith (D-District 9) and Kent Martinez-Kratz (D-District 1). [Full Story]

Monthly Milestone: Watching Words

The Chronicle’s November milestone column comes to you a few days earlier than the customary second day of the month. That’s because I wanted to include a quick preview of a performance scheduled for Nov. 1 at the Kerrytown Concert House – by mezzo soprano Laurie Rubin.

Laurie Rubin, photo from press kit.

Laurie Rubin. (Photo from press kit.)

The Chronicle has rarely, if ever, written about entertainment. And as I explained to Laurie, when she called me up to make her pitch, our approach to covering Ann Arbor’s community doesn’t include standard “preview” pieces for live performances.

The boilerplate explanation I typically use on the phone includes a description of The Chronicle’s preferred strategy for giving readers advance notice of interesting performances. That strategy is an event listing that runs off Internet standards-compliant data feeds and helps to strengthen the community’s “calendar web.” So obviously the tactic here is partly designed to bore the caller to death, so that they’ll just give up and accept the fact that I’m not going to write a preview article about their performance.

You will find Laurie’s Nov. 1 Kerrytown Concert House performance included in The Chronicle’s event calendar, categorized as music.

Fortunately for you, dear readers, Laurie declined my gambit that she surrender to my boring, rambling talk about data feeds and technology platforms. Instead she expressed a weirdly geeked-out interest in these data feeds and calendars, which I probably seemed very excited about. She instantly grasped the concept of maintaining a calendar that automatically generates a data feed that any publication or individual can access. I didn’t figure that an opera singer would be such a receptive audience for that sort of thing. But at least she had stopped talking about her Nov. 1 performance at Kerrytown Concert House, so that was a good thing, from my point of view.

But in closing out the conversation, Laurie renewed her pitch for a preview article, based on her memoir, “Do You Dream in Color: Insights from a Girl Without Sight.” Even though I was still thinking to myself, “No preview articles! Not even for blind opera singers!” I figured Laurie might be a receptive audience for some additional conversation about a different topic.

That topic is an accessibility project for public meetings that The Chronicle has been working on somewhat sporadically. The idea is to provide digital streaming text for members of the deaf and hearing-impaired community to read – either live at public meetings or during a video replay. Yes, I fully understood that I was talking to a self-described “blind girl” – for whom this particular accessibility project offered zero obvious benefit. Yet Laurie turned out to be a willing conversation partner. And in The Chronicle’s basic technological approach, she saw a potential benefit to the blind and visually impaired community that would never have occurred to me. [Full Story]

Ann Arbor Grinds Gears But OKs Rail Study

Ann Arbor city council meeting (Oct. 21, 2013): The council did not adjourn its meeting until just before 1 a.m., but still left itself with unfinished business.

Mayor John Hieftje checked his computer screen before the meeting started. Six hours later, the meeting adjourned.

Mayor John Hieftje checked his computer screen before the meeting started. Six hours later he declared the meeting adjourned. (Photos by the writer.)

Some of that business – the Ann Arbor Downtown Development Authority ordinance revision on TIF (tax increment financing) capture – was postponed until the council’s next meeting, on Nov. 7. Other business – Ypsilanti Township’s membership in the AAATA – was postponed until Nov. 18. That will be the first meeting of the new, post-election composition of the council.

First, here’s a rundown of the main outcomes from the meeting.

Transportation was a main theme on the agenda. The postponement on admitting Ypsilanti Township as a member of the Ann Arbor Area Transportation Authority was the clear majority consensus, as it succeeded on an 8-3 vote. After that, the council voted unanimously to approve a contract with URS Corporation Inc. (URS) to conduct the Ann Arbor Station project environmental review. The total approved for the Ann Arbor Station contract – which will cover public engagement, site selection and conceptual design – was $824,875, an amount that includes a $63,083 contingency.

The city would pay 20% of that, or about $165,000. The remainder will be covered by a federal grant. The council’s unanimous support was based on two factors: (1) the fact that there was to be no presupposed preferred alternative location for the station, and (2) that the public engagement process outlined in the project tasks was thorough.

The council also voted unanimously to give final approval to a change in the city’s sidewalk ordinance. As a result, cross-lot walkways in Ann Arbor will now be treated as “sidewalks” from the perspective of the city’s sidewalk repair millage. Even though the millage funds can now be used to repair the walkways, owners of property adjacent to cross-lot walkways will not bear responsibility for snow removal in the winter. Cross-lot walkways include those that connect streets to parks or school property, or connect two parallel streets.

The Ann Arbor DDA figured in other agenda items beyond the postponed vote on TIF capture. The council voted just 7-4 to approve a new budget allocation of $280,000 from the general fund to pay for a portion of a Main Street light pole replacement project. That didn’t meet the eight-vote majority requirement for the budget allocation to pass. The failed vote was the result of political wrangling between the council and the DDA board and staff over whether the DDA would not be able, or simply was unwilling, to fund the total cost of the $580,000 light pole replacement project. The poles are rusting out and pose some level of safety threat, although those deemed to be in immediate danger of falling have already been replaced.

The Ann Arbor DDA was also the topic of another agenda item – when the council voted 8-3 to reconsider its Sept. 16 vote on the appointment of Al McWilliams to the board of the DDA. On the 8-3 vote, the question of the appointment was again in front of the council. Councilmembers took 20 minutes to discuss the item before voting again 6-5 – along the same split as on Sept. 16 – to appoint McWilliams to the board. The 8-3 split on reconsideration was the same 8-3 split as on the postponement of the Ypsilanti Township membership in the AAATA – with mayor John Hieftje, Christopher Taylor (Ward 3) and Margie Teall (Ward 4) declining to join the majority on both occasions.

The other nomination on which the council voted was Wayne Appleyard’s reappointment to the city’s energy commission – with a tally of 8-3. That was enough to satisfy the city charter’s non-city resident requirement of seven votes. Dissenters were Mike Anglin (Ward 5), Sumi Kailasapathy (Ward 1) and Jane Lumm (Ward 2). Kailasapathy and Lumm had concerns about Appleyard’s long term of service (since 2002). So they’ll be bringing forward an ordinance revision at a future meeting to establish term limits for all boards and commissions. The city charter already imposes term limits on a specific category of boards and commissions.

The council had another significant item on its agenda related to the energy commission – a resolution on divestment from fossil fuel companies that the commission had recommended the council approve. It was the third time the council had seen the question, after first voting it down, then reconsidering and postponing it. At the Oct. 21 meeting, the council amended the resolution to soften it further, which gave it a 9-2 tally when the council voted. Ward 2 councilmembers Sally Petersen and Jane Lumm dissented.

Besides the unfinished business from the Oct. 21 meeting, future meetings of the council will include the Lumm-Kailasapathy initiative to amend the city’s ordinance on boards and commissions to include term limits. Other initiatives announced at the Oct. 21 meeting included an outdoor smoking ordinance that Chuck Warpehoski (Ward 5) reported he’s been working on with city staff – with an eye toward establishing non-smoking areas in city parks.

Petersen announced that she’ll be putting forward a resolution stemming from frequent mention by community members of the need for a council ethics policy. Among other direction, Petersen’s resolution would ask the city attorney to provide guidance on a state statute. Warpehoski announced that he and Sabra Briere (Ward 1) were working on a framework to establish a pedestrian safety citizens advisory committee – possibly to be seated at the Nov. 18 council meeting. The effort is not designed to determine or preempt the outcome of an effort to repeal the pedestrian crosswalk ordinance, Warpehoski stated.

And Christopher Taylor (Ward 3) announced that he and Margie Teall (Ward 4) would be bringing forth a resolution asking the University of Michigan to decommission the large digital billboard it has constructed on East Stadium Boulevard next to the football stadium. The fallback position of the resolution will be to ask that the university restrict the time of the billboard’s operation, Taylor said.

Some items considered by the council but not included in this report are reflected in the live updates filed from the Oct. 21 meeting. [Full Story]

Feedback on Downtown Zoning Continues

Ann Arbor planning commission meeting (Oct. 15, 2013): Planning commissioners continued a discussion that began at their Oct. 8 working session over proposed changes to downtown zoning. But they took no action and will pick up the topic at their next meeting, on Nov. 6.

Running Fit, Ann Arbor planning commission, The Ann Arbor Chronicle

Running Fit building at East Liberty and Fourth Avenue. A proposal calls for building three additional floors for apartments or condos. The adjacent building owner is concerned about blocking the three windows – barely visible in this photo – that are in apartments facing over the current one-story building. (Photos by the writer.)

Questions and comments covered a range of issues, including potential conflict of interest over a lot next to city hall that’s owned by the University of Michigan Credit Union. Five commissioners are UMCU members, and the credit union president objects to a proposed rezoning of the site. Other discussion points included affordable housing premiums, the use of diagonals as a tool for influencing the shape of tall buildings, and concerns over rezoning public land.

Ten people spoke during a public hearing on the zoning review. Before the hearing began, planning commission chair Kirk Westphal stated that the hearing would likely continue at a future meeting, but that speakers would be allowed only one turn during the entire hearing – either that night, or at a subsequent meeting. Midway through the hearing, Sabra Briere raised an objection to Westphal’s ruling, and commissioners spent about 20 minutes debating the issue. The commission ultimately voted to allow for people to speak more than once when the public hearing is continued, over the objection of Westphal, Diane Giannola and Wendy Woods.

Consultant Erin Perdu of ENP & Associates attended the Oct. 15 meeting and answered questions from commissioners, but her contract for this project has now expired. Planning manager Wendy Rampson indicated that any additional work from Perdu would require city council approval.

In addition to the downtown zoning review, two development projects were on the Oct. 15 agenda. Commissioners recommended approval of an three-floor addition to the Running Fit building at East Liberty and South Fourth. The expansion will create six residential units.

During a public hearing on the project, Ali Almiri – who owns the adjacent building to the west at 119 E. Liberty – raised concerns that three bedroom windows in his building’s residential rental units would be blocked by this new structure. He and his attorney urged that the new project be required to accommodate those existing windows. The issue will continue to be investigated by planning staff, building staff and possibly the city attorney’s office prior to the project’s consideration by the city council.

Another proposal – related to plans for two new restaurants at Briarwood Mall, on the east side of Macy’s – was postponed, because of several outstanding issues that still need to be resolved.

During public commentary, Alex Perlman, a co-owner of the food carts The Beet Box and Cheese Dream, highlighted a project at 1215 S. University – the former location of Pinball Pete’s, which burned down in 2009. The project, called Eat the Hub, would repurpose the space as a temporary food cart yard that would accommodate between three to six carts. Perlman noted that current city ordinances “don’t reflect the ever-changing landscape that mobile food businesses require.” He said he’d appreciate any help to move this project forward. [Full Story]

Ann Arbor Campaign Finance 2013

Candidates in Ann Arbor city council races have so far raised a combined total of more than $50,000 in contributions for the general election to be held on Nov. 5, 2013. The $20,875 raised by Ward 2 independent incumbent Jane Lumm made her total about twice as much as any other candidate. That included Ward 2 Democratic challenger Kirk Westphal, who raised $10,103 during the pre-election campaign period, which ended Oct. 20.

All Candidates

Dots correspond to addresses that made contributions to Ann Arbor city council candidates for the Nov. 5, 2013 election.

Lumm’s fundraising effort during the pre-election phase exceeded her total from 2011 when she contested the general election with incumbent Democrat Stephen Rapundalo. That year she raised $18,950 from 193 donors.

The third Ward 2 candidate, Conrad Brown, filed a reporting waiver, which is allowed if a candidate does not expect to raise more than $1,000.

Ward 1 incumbent Democrat Sabra Briere raised $11,800 in a race where she’s challenged by independent Jeff Hayner, who has raised $2,680 so far.

In Ward 3, incumbent Democrat Stephen Kunselman, who survived a tough primary race with Julie Grand, did not raise any additional money during this most recent filing period. Kunselman’s independent challenger Sam DeVarti raised $945.

In Ward 5, Mike Anglin does not have an opponent on the ballot, but raised $4,299 in this most recent period. He’s spent $1,340 of that. In addition to Thomas Partridge, who declared his write-in candidacy much earlier in the year, Charles “Chip” Smith has just recently filed his paperwork to declare a write-in candidacy for the Ward 5 seat that’s up for election this year. Responding to an emailed query, Smith said he will try to keep his expenditures under the reporting-waiver limit of $1,000.

In Ward 4, Jack Eaton does not face any opponents on Nov. 5 on the ballot or as write-ins, but does have a write-in opponent in William Lockwood. Eaton won the Democratic primary against incumbent Democrat Marcia Higgins.

The Ann Arbor city council includes a total of 11 members – two from each of the city’s five wards and the mayor. All city council positions are elected for two-year terms, with one of the wards’s seats up for election every year. The position of mayor is elected in even years, so not this year.

The filings, which were due on Oct. 25, are available through the Washtenaw County clerk’s searchable campaign finance database. Charts and maps by The Chronicle are presented after the jump. [Full Story]

Library Wary of Downtown Park Proposal

Ann Arbor District Library board meeting (Oct. 21, 2013): Expressing concerns over the possible addition of a downtown park on the city-owned Library Lot site – adjacent to the downtown library – AADL trustees discussed but took no formal action related to a recent recommendation of the Ann Arbor park advisory commission.

Library Lot, Ann Arbor District Library, The Ann Arbor Chronicle

View looking north toward the city-owned Library Lot, taken from the fourth floor of the Ann Arbor District Library building. (Photos by the writer.)

The idea for a new park was among several recommendations approved by the commission at its Oct. 15, 2013 meeting, to be forwarded to the city council for consideration. The AADL was specifically mentioned in the Library Lot recommendation: “In order to adequately address issues of safety and security, the Ann Arbor District Library must also be strongly represented in the planning process.”

AADL director Josie Parker stressed that neither she nor board president Prue Rosenthal had indicated that the library is in any way capable of advising the city regarding security and safety of a park. They had attended a meeting of the downtown park subcommittee, she said, and had related the library’s experiences regarding a range of security issues at the downtown building. Parker reported that so far in 2013, the library has made police requests to its downtown building on average every 3.5 days.

Trustees generally expressed caution and noted that many questions remained about whether a downtown park at that location would be viable, without adequate oversight and additional development. Parker planned to relay the board’s concerns to the park advisory commission.

Another major item of discussion at the Oct. 21 meeting related to Pittsfield Township’s proposed State Street corridor improvement authority (CIA). Craig Lyon, director of utilities and municipal services for Pittsfield Township, and Dick Carlisle of Carlisle Wortman Associates were on hand to answer questions, as was CIA board member Claudia Kretschmer of Gym America. Trustees asked a range of questions, covering other financing options, the process for receiving federal funds, and the procedure for opting out of this new tax increment financing (TIF) authority.

If the board decides that AADL will opt out, a resolution would need to be passed. Taxing entities have a 60-day period in which to make an opt-out decision. That period began with an Oct. 9 public hearing held by the Pittsfield Township board, and will end in early December. The only AADL board meeting currently scheduled before then is on Nov. 11.

In its one main action item on Oct. 21, the board authorized a $40,000 adjustment to AADL’s 2013-14 budget to cover costs of repairs and testing of the downtown library roof. The adjustment transfers $40,000 from the library’s fund balance to the repair and maintenance line item. According to the most recent financial report, the library had a fund balance of $8.03 million as of Sept. 30, 2013.

During her director’s report, Parker highlighted some of the niche services that the library provides – such as hosting a Minecraft server and a recent Oculus Rift Hackathon. She said she wanted the board to think about the things that go beyond just lending books – services that are important to some but completely irrelevant to others. “The combination of it all is what makes the Ann Arbor District Library the amazing library system that we all know it is,” Parker said. “It’s the sum of all these parts, not one aspect or service.”

During committee reports, Nancy Kaplan noted that the communications committee hopes to receive a report later this month from Allerton-Hill Consulting to review. The consultants were hired earlier this year to conduct a communications audit for the library – a move that’s been criticized by some residents who believe the work is positioning AADL for another bond proposal to build a new downtown library.

For the first time in several months, no one spoke during public commentary at the board meeting. [Full Story]

Oct. 21, 2013 Ann Arbor Council: Final

The Oct. 21, 2013 meeting of the Ann Arbor city council is the last one before the Nov. 5 election. After the election, the current group of councilmembers will have just one more meeting, on Nov. 7, before the new council is seated. The agenda the current council faces on Oct. 21 is relatively heavy.

New sign on door to Ann Arbor city council chamber

The sign on the door to the Ann Arbor city council chamber, installed in the summer of 2013, includes Braille.

It’s possible that the council might be briefed at the meeting on proposals received by the Oct. 18 deadline for the purchase of the city-owned parcel on William Street between Fourth and Fifth avenues (the former Y lot), but that’s not yet clear. The property had been listed for $4.2 million.

Many of the Oct. 21 items already on the agenda can be divided into three main categories: transportation, the Ann Arbor Downtown Development Authority, and the city’s energy commission.

The council held a work session about transportation on Oct. 14, 2013. Transportation-related items on the Oct. 21 agenda include a resolution that would admit Ypsilanti Township as a member of the Ann Arbor Area Transportation Authority. The specific question to be considered is a revision to the AAATA’s articles of incorporation – which would also expand the number of board members from nine to 10.

A second transportation-related agenda item is a city-led initiative to develop a new train station, with the location to be determined. The existing location, as well as one on Fuller Road near the University of Michigan medical campus, would be among the possibilities. On the council’s agenda is a contract with URS Corp. to conduct an environmental review that would include public engagement, site selection and conceptual design. The council’s authorization would be $824,875, an amount that includes a $63,083 contingency. The city would pay 20% of that, or about $165,000, with the rest covered by a federal grant that has already been awarded by the Federal Rail Authority.

To the extent that pedestrian infrastructure is also part of the city’s transportation system, a transportation-related pair of items would alter the definition of “sidewalk” to include cross-lot walkways. Affected by the change, for example, would be walkways that connect streets with parks or school property. The change would allow for use of sidewalk repair millage funds to repair cross-lot walkways, without triggering the winter maintenance requirement for adjacent property owners.

Finally, the city council will be asked to approve an annual resolution related to wintertime transportation – the purchase of ice control salt for city streets.

Related to the Ann Arbor DDA are three items: (1) reconsideration of the appointment of Al McWilliams to the board of that authority – likely to be confirmed on a re-vote, if reconsideration is approved; (2) final consideration of a change to the city ordinance regulating the DDA’s TIF (tax increment financing) capture – likely to be postponed yet again; and (3) a budget allocation of $280,000 to cover costs associated with replacement of downtown ornamental, pedestrian-scale light poles. The DDA is contributing $300,000 to the cost of the $580,000 project. Some councilmembers think the DDA should pay for the full amount, so the eight-vote majority required for the budget amendment might not be achieved.

The specific size of the majority vote required could also be a factor in one of two agenda items related to the city’s energy commission – the re-appointment of Wayne Appleyard to the commission. The confirmation will need a seven-vote majority under the city charter, because he’s not a city resident. The other energy-related item is an energy commission-recommended resolution – which was previously rejected, reconsidered and postponed by the city council. The resolution would call upon the city’s employee retirement board to divest from fossil fuel companies.

This article includes a more detailed preview of each of these agenda items. More details on other meeting agenda items are available on the city’s online Legistar system. Readers can also follow the live meeting proceedings Monday evening 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 preview material. The meeting is scheduled to start at 7 p.m. [Full Story]

Downtown Park Proposal Moves to Council

Ann Arbor park advisory commission meeting (Oct. 15, 2013): Commissioners who’ve been evaluating possibilities for downtown parks and open space delivered their recommendations at this month’s meeting, wrapping up an effort that traces back over a year.

Bill Higgins, Harry Sheehan, Mike Anglin, Washtenaw County office of the water resources commissioner, Ann Arbor park advisory commission, The Ann Arbor Chronicle

From left: Bill Higgins, Harry Sheehan and Mike Anglin, a Ward 5 Ann Arbor city councilmember. Sheehan is environmental manager with the Washtenaw County office of the water resources commissioner, and gave an update on the Upper Malletts Creek stormwater management project. Higgins lives in the neighborhood that’s the focus of the project. (Photos by the writer.)

The report of the downtown parks subcommittee includes several broad recommendations based on feedback gathered over the past few months, with an emphasis on “placemaking” principles that include active use, visibility and safety. The most specific recommendation calls for developing a park or open space on top of the city-owned Library Lot underground parking structure, adjacent to the downtown library.

A park at that location should exceed 5,000 square feet, according to the report, and connect to Library Lane, a small mid-block cut-through that runs north of the library between Fifth and Division. That connection offers flexibility, because the lane can be closed off for events to temporarily increase the size of a park or open space at that location.

Commissioners discussed and made some minor amendments to the subcommittee’s recommendations, which they then unanimously voted to approve. Most of the discussion focused on the Library Lot site. The recommendations will be forwarded to the city council for consideration.

Also on Oct. 15, Harry Sheehan briefed PAC about how a stormwater management project for Upper Malletts Creek might impact three city parks: Eisenhower, Churchill Downs and Lawton. The project, overseen by the Washtenaw County office of the water resources commissioner, is still in the planning phase. It’s intended to help control flooding in a neighborhood that’s roughly bounded by I-94, Scio Church Road and Ann Arbor-Saline Road, on the city’s southwest side.

Park planner Amy Kuras updated commissioners on capital projects throughout the parks system, highlighting projects that were completed this summer as well as work that’s ongoing, like construction of the Ann Arbor skatepark.

Missy Stults, PAC’s representative on the city’s environmental commission, reported that the commission has developed a work plan with strategies that are mostly tied to the city’s sustainability framework and climate action plan. For example, the plan includes work to promote re-useable water bottles and to discourage the use of plastic water bottles. One idea is to develop an app that would show people where to get public water, including water fountains in city parks. Tying in with that work plan item, Colin Smith – the city’s parks and recreation manager – reported said the city is looking to replace several water fountains at parks and recreation facilities with fountains that indicate how many plastic bottles have been saved by people using the water fountains. He noted that similar fountains are used at the University of Michigan.

Oct. 15 was the final meeting for Julie Grand, who is term limited after serving six years on PAC. Grand, who served on the downtown parks subcommittee, thanked commissioners for passing the recommendations, saying “it’s a great way to go out.” [Full Story]