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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

15th District Court

A number of items on the June 17 agenda related to the 15th District Court – either directly or indirectly.

15th District Court: City FY 2013 Budget Adjustment

The council was asked to make changes to the FY 2013 budget – which ends on June 30 – totaling $567,000 for the general fund. Much of that stemmed from additional expenses incurred by the 15th District Court. [.pdf of proposed amendments]

The 15th District Court’s portion of that adjustment stemmed from $112,000 in salary increases based on an interest in retaining employees, $203,000 due to a “catch up” payment to the law firm that provides indigent representation, and a back-bill for security from Washtenaw County for two fiscal years for $110,000.

General information about the court’s wage increases – authorized by chief judge Libby Hines in October 2012 and the focus of council inquiry at the council’s June 17 meeting – was known to the council before its May 20, 2013 meeting, when councilmembers voted to approve next year’s FY 2014 budget. [.pdf of May 13, 2013 memo on 15th District Court expenses] That FY 2014 budget incorporated the wage increases going forward.

As it related to the court, the council’s May 20, 2013 deliberations on the FY 2014 budget were in the context of reducing the court’s budget in order to fund three police officer positions – a proposal put forward by Jane Lumm (Ward 2). 15th District Court administrator Keith Zeisloft was present at that meeting and took questions about the salary increases at that time. However, Lumm’s FY 2014 budget amendment failed on a 5-6 vote.

15th District Court administrator Keith Zeisloft and Sumi Kailasapathy (Ward 1) before the June 17 meeting started.

Subsequently, Zeisloft provided a memo to the council in advance of its June 17 meeting, giving a more detailed explanation of the salary increases. The judges, magistrate and Zeisloft were excluded from the increases. The majority of other staff received a 0-3% increase. Administrative staff received an average 4.85% increase based on the conclusion that they were under-compensated compared to their peers in other courts.

The case management staff received an average of 4.22% raises based on increased supervisory responsibilities. Judicial staff averaged a 4.76% increase based on increased specialty court responsibilities. The highest increases, averaging 18.15%, were given to probation officers who were found to be significantly under-compensated compared to their peers, and who had increased multi-jurisdictional, specialty court responsibilities. [.pdf of responses from 15th District Court to councilmember inquiries]

The block of items related to the 15th District Court were moved up on the agenda at the start of the meeting, in deference to the fact that three judges and the court administrator were in attendance.

15th District Court: City FY 2013 Budget Adjustment – Deliberations

Sabra Briere (Ward 1) led off the discussion by proposing an amendment that eliminated the $112,000 budget adjustment for the 15th District Court salary increases – which had been approved by chief Judge Libby Hines in late 2012. Briere contended that the regular processes weren’t followed for the wage increases, venturing that the chief judge had overstepped her bounds. Briere was not satisfied with the mechanism by which the wage increases were approved, saying they were “not properly done.”

The overall tone of the ensuing interaction between the three judges and the council was consistent with the language Zeisloft had provided in his memo. Responding to a question about the ability of the city council to control the court’s spending decisions, the memo states:

Although City Council has authority to establish a total annual budget for the Court, and with all respect due to Council, the Court declines to accept that City Council has authority to direct, control, approve or disapprove specific expenditures, including but not limited to compensation of judicial employees. However, legalities aside, the Court has always sought a respectful and cordial relationship with Council and City Administration, and the Court’s budget history demonstrates that the Court has been a prudent and careful custodian of public funds, at times even to the disadvantage of the Court’s own interests.

At the meeting, Zeisloft generally deferred questions to the judges of the court, who were all in attendance: Judges Chris Easthope, Libby Hines and Joe Burke are all standing at the podium. However, Zeisloft also responded to particular items.

Jane Lumm (Ward 2) followed up on the salary increases – which were implemented in October 2012 – asking for a breakdown of the $112,000. Relying on figures from the city’s finance department, Zeisloft gave the breakdown as follows: compensation ($115,000), overtime ($10,000), temporary pay ($19,000) and vacancies (-$32,000) for a total of $112,000. The annual cost going forward was calculated at $193,000. Zeisloft had prefaced his remarks by saying that the information hadn’t been distributed to councilmembers because he didn’t have the information earlier. Lumm asked for the information to be provided in writing.

Hines told the council she respects the separation of powers, but she asserted the authority of the chief judge to increase salaries. The court has never asked the city for permission to do that in her 22 years on the bench. She pointed out the money that the court has managed to return to the city in past years when it has come in under budget. Zeisloft’s memo put the figures as follows: for FY 2002 through FY 2012, the council had budgeted a total of $41,865,240 from the general fund for court operations. Over that period, the court spent only $40,435,613, for a net return to the city budget of $1,429,627.

Hines put the salary increases in the context of retaining employees. She described past pay cuts and freezes. She also described a gross disparity in pay between the probation officers in the 15th District Court compared to other courts. And she added that while the court had worked with the city’s HR department, the court had not asked permission to implement the raises. The court is not overpaying its employees by any means, she said, concluding that she felt the pay raises were only reasonable.

Sumi Kailasapathy (Ward 1) disagreed with the narrative of the “honorable judges,” citing the decrease in cases handled by the court. The workload has come down, Kailasapathy contended. She was relying on the data that the court had provided to the council earlier in the year:

By way of background, Ann Arbor’s caseload downward trends are in line with the overall trend for other comparable courts [.pdf of caseload trends for 15th District Court]:

               Misdem       Civil Inf    Gen Civil
D15 Ann Arbor  3,109 ‐31%   13,894 ‐49%  1,742 ‐16%

-

Easthope said the 15th District Court was trying to be in the lead in reducing its costs. He allowed that the caseload had gone down, but the number of employees had also gone down, he contended.

The city’s comprehensive financial reports show 41 FTEs (full-time equivalents) for the court in 2007 compared to 36 in 2012:

15th District Court historical FTE count. (Data from city records, chart by The Chronicle)

Hines said that the kind of cases that had gone down – civil infractions – were not the kind that reduce judge and staff time. Hines returned to her earlier point about the basis for the salary increases – the challenge of retaining employees.

Briere said she’s not unsympathetic to the situation. But she felt the salary increases should have been considered as part of the standard budgeting process. The money should have been built into the FY 2013 budget, Briere contended. She agreed with the need to compensate the court staff – but a standard increase in salary should have been included in previous year’s budget.

Burke offered his perspective of the newest judge of the court, telling the council that when he became a judge, Hines and Easthope had sat him down and talked to him about the employees and the need for retention. He said that in making the salary increases, they had followed the normal procedures that anyone would in determining the amounts of the increases – gathering comparative data and the like. The one thing that they had not done was ask the city council. Responding to Briere’s point about budgeting, Burke said the court had calculated that the salary increases would come in within the court’s FY 2013 budget – but they had been wrong. It was a point to which Stephen Kunselman (Ward 3) returned later in the deliberations, telling Burke that he appreciated the fact the court had acknowledged that its math was off.

Kailasapathy then cited a Michigan Supreme Court administrative order. It appears to say that if the court uses a line item budget, there are restrictions on what the court can do.

From Administrative Order No. 1998-5, which applies to district courts, among others.

II. COURT BUDGETING If the local funding unit requests that a proposed court budget be submitted in line-item detail, the chief judge must comply with the request. If a court budget has been appropriated in line-item detail, without prior approval of the funding unit, a court may not transfer between line-item accounts to: (a) create new personnel positions or to supplement existing wage scales or benefits, except to implement across the board increases that were granted to employees of the funding unit after the adoption of the court’s budget at the same rate, or (b) reclassify an employee to a higher level of an existing category. A chief judge may not enter into a multiple-year commitment concerning any personnel economic issue unless: (1) the funding unit agrees, or (2) the agreement does not exceed the percentage increase or the duration of a multiple-year contract that the funding unit has negotiated for its employees. Courts must notify the funding unit or a local court management council of transfers between lines within 10 business days of the transfer. The requirements shall not be construed to restrict implementation of collective bargaining agreements.

Zeisloft responded to Kailasapathy by saying that the court submits a budget in a line item form only as a courtesy. It’s a function of the city’s financial software. Tom Crawford, the city’s CFO, followed up with the additional explanation that the city requires all the component units to submit line item budgets, but the city council authorizes the budgets by fund. Kailasapathy returned to her question about the administrative order.

Easthope, a former city councilmember, stated that the council has the authority to set a lump sum budget for the court. But the council doesn’t have the ability to change line items, he said. Easthope reiterated the description of the court as a separate branch of government. There was some unclarity expressed about where the comparative salary data had come from and who had gathered it. About the comparative salary data and its source, Easthope stated that the Supreme Court administrative office had provided all the comparative data. Hines had not simply said, “You get a raise and you get a raise …”

Considerable back-and-forth ensued between Kailasapathy and Zeisloft on the way the HR department of the city had been involved in the compensation adjustment amount. No formal report had been requested from HR, Zeisloft confirmed.

Chuck Warpehoski (Ward 5) asked for clarification of the administrative order on line item budgeting. and what happens if the council doesn’t approve the adjustment. That is, what happens if Briere’s amendment passes? Crawford indicated that the city would probably receive a formal note from the city’s auditor next year. The money has already been spent, Warpehoski ventured. Crawford indicated agreement that it would be difficult to stop the expenditures before the fiscal year ends on June 30.

Lumm then confirmed with Crawford that court employee checks are processed through the city. In describing the fact that the court had exceeded its budget this year (FY 2013), Lumm said that the court’s budget seems to be “optional.” But picking up on Warpehoski’s point – that the council essentially needs to approve the budget adjustment or accept a negative note on the audit of its financial statements next year – Lumm ventured that there doesn’t seem to be an option not to make the adjustment. Easthope contended that the court was actually under the budget by $99,000. Lumm wanted to follow up later on that, indicating that Easthope’s remarks weren’t consistent with the information the council had received.

Jane Lumm (Ward 2) and Stephen Kunselman (Ward 3).

Kunselman asked what Burke thought the consequence should be: Should the council just cover the amount of the salary increases? In the short term, Burke replied, yes. He said the court doesn’t spend money like drunken sailors. Burke indicated that there is a clear understanding on the court’s part that the council would not want to hear next year at this time that the court had the same issue.

Christopher Taylor (Ward 3) ventured that the council had engaged in a full conversation, but it’s a simple question. The court had diligently determined that their line workers’ wages were below market, Taylor concluded. And the council has already approved the increases going forward, he noted, when it approved the FY 2014 budget. So Taylor indicated he’d vote against Briere’s amendment. Mayor John Hieftje confirmed with Crawford that the budget resolution basically recognizes reality.

Briere indicated that her intent was not to force the court into a deficit. The court’s staff should not be penalized for the actions of their supervisors. So she’d withdraw her amendment. But she said the court should have done a better job of communicating, and she stated she would remember the situation without fondness. Kailasapathy, who seconded the amendment, hesitated for several seconds before agreeing with Briere to withdraw it.

With that amendment withdrawn, Sally Petersen (Ward 2) moved on to the indigent representation and the security services issue. Zeisloft characterized those as an unusual circumstance, that should not arise again in the future. Easthope noted that the special docket courts are operated at no cost to the city.

Marcia Higgins (Ward 4) returned to the issue of the salary increases, picking up on the historical pattern that Hines had cited of the court coming in under budget and returning money to the city. Why were salary increases not undertaken during the period when the court was returning money to the city? If the court had the ability to give raises without asking permission from the city, why didn’t the court give the raises at that time – when the court had the money?

As far as the idea that the court was trying to mirror the city organization’s approach of not giving raises during the period of the economic downturn, Higgins pointed out that the city had not given its employees the kind of raises the court had implemented over the last year. So she didn’t see the mirroring play out.

Burke ventured that unfortunately the court did not get the opportunity to come before the council to say that it was returning money to the city. It was only when more money was needed that court officials came to the council. Higgins complained that she felt blindsided, because the court did not come to the council and communicate that to the council about a major increase.

Marcia Higgins (Ward 4).

Briere ventured that it’s easier to ask forgiveness than permission. Burke responded by saying he felt Briere’s remark was “[holding his fingers apart to indicate an increment] this much of a cheap shot.” Briere told Burke it was OK that he felt that way, because she felt the other way – that in years past when the court knew it had outstanding debts to the county for security services, for example, but had returned money to the city, to her that was a problem. Briere also alluded to the issue with the court’s math, which Kunselman had also noted. Briere indicated that she had great respect for the court and the work that it did. But it was a “big chunk” to come to the council with at the last meeting in June.

Burke said that if his mathematical competence was being questioned, then he could live with that. But if Briere was saying that the court didn’t come to the council even though it knew that it should have, then “I’m sorry, but you’re just wrong about that. We are separate branches of government and what you’re talking about is an integrity issue.”

City administrator Steve Powers shared his perspective as a former county administrator working three different courts. Prior to his taking the city administrator position in September 2011, he felt there hadn’t been enough consultation and communication between the city and the 15th District Court. So he’d met with the chief judge and the court administrator. He accepted responsibility for not bringing the communication back from the court and not updating the council. Going forward, the consultation with the court would be important so that these issues don’t arise in the future, Powers said. He stressed the importance of the two branches of government doing things in consultation, not confrontation.

Outcome: The council voted to approve the FY 2013 budget adjustments, over the lone dissent of Sumi Kailasapathy (Ward 1).

15th District Court: Indigent Representation

Two agenda items related to the law firm that provides indigent representation for defendants in the 15th District Court.

Nader Nassif with Nassif and Reiser, P.L.L.C., which does business as Model Cities Legal Services. Nassif also serves on the board of the Ann Arbor Downtown Development Authority. In the foreground is 15th District Court judge Chris Easthope.

The 15th District Court is required to provide representation to those who cannot afford an attorney, if a conviction would result in jail time.

The council was asked to approve a $240,000 flat-fee contract for representation of indigent defendants – with Nassif and Reiser, P.L.L.C. (f/k/a Funkhouser and Nassif, P.L.L.C.), d/b/a Model Cities Legal Services (“MCLS”). The contract covers FY 2014, which begins July 1.

The reason the contract was structured as a flat fee is that MCLS had customarily delayed billing for services until a defendant’s case was completely closed or additional court action was deemed unlikely.

Even after a guilty verdict, defendants remain under court supervision and can be subject to other court orders.

Delayed billing resulted in another agenda item requesting that the council cover $203,000 of fees to “catch up” the billing.

15th District Court: Indigent Representation – Deliberations

Christopher Taylor (Ward 3) indicated that the contracting party is a client of his law firm. He asked the council to vote to excuse him from voting.

They did so, and Taylor took a seat in the audience.

Lumm asked Zeisloft if the court had considered issuing an RFP (request for proposals) for the service. Zeisloft described the negotiation between the court and the law firm. He indicated that the court had not considered issuing an RFP, but it would be possible. Model Cities, however, provides the service at a very competitive cost, he said.

Christopher Taylor (Ward 3) sat in the audience as the contracts for indigent representation were discussed.

Easthope explained that Model Cities doesn’t just stand in court – they provide far more than that. There’s a value that’s hard to represent, and it doesn’t have to do with just the lowest price. Model Cities has a personal connection to all the social services agencies, Easthope explained.

Outcome: The council voted to approve the two resolutions related to Model Cities for legal services.

15th District Court: Security Billing

In addition to an FY 2013 budget adjustment that included back-billing for security services, the council was asked to approve next year’s $160,000 contract with the Washtenaw County sheriff’s office for weapons screening at the Justice Center, which houses the 15th District Court. The estimated annual cost is based on $25.25 per hour per court security officer. The estimated maximum annual cost of $160,000 is $27,000 less than last year. The money comes from the 15th District Court’s budget.

During deliberations, Jane Lumm (Ward 2) got clarification on the way the cost of the contract was estimated. Zeisloft explained that it’s based on a wage rate of $25.25 per hour. The reduction from the $187,000 for the previous year was due to a reduction in the projected number of hours that would be worked, he said, not a reduction in the wage rate.

Outcome: The council voted to approve the weapons screening contract.

15th District Court: Specialized Courts

Two other items related to the 15th District Court appeared initially on the council’s consent agenda, a group of items considered routine and voted on as a group. The council was asked to approve $30,000 for a Sobriety Court grant program contract with the Washtenaw Community Health Organization (WCHO) to provide mental health treatment to 15th District Court defendants. And the council was asked to approve $65,000 for a Sobriety Court grant program contract with Dawn Farm for in-patient and out-patient drug abuse counseling to 15th District Court defendants.

At Sabra Briere’s (Ward 1) request, the Dawn Farm item was pulled out for separate consideration, because the item included a request for a waiver of the city’s living wage ordinance. According to the staff memo accompanying the resolution, Dawn Farm employs 70 people, including 15 employees who are paid less than $12.52 per hour with health care coverage, and 18 people who are compensated at rates less than $13.96 per hour without health care coverage. Those are the rates specified in the city’s living wage ordinance.

Last fall the council engaged in a vigorous discussion of a living wage ordinance waiver for Community Action Network (CAN), which ultimately resulted in the granting of a waiver for that nonprofit at the council’s Nov. 8, 2012 meeting.

From left: Sumi Kailasapathy (Ward 1) and Sabra Briere (Ward 1).

Briere led off the discussion saying she wasn’t satisfied with the answers she’s received to questions she had asked about the living wage ordinance exemption that had been requested by Dawn Farm. She wanted to know if the item could be postponed so that adequate answers could be given.

Judge Joe Burke, who runs the Sobriety Court, explained to Briere that the court’s application for a grant was due on Friday, June 21 – so postponement would be difficult. Burke indicated that he was the one who’d asked for the living wage ordinance exemption – and that was based on communication from Jim Balmer, executive director of Dawn Farm, who’d reported that Dawn Farm can’t comply with the living wage.

Burke said he couldn’t speak for Dawn Farm but could speak about Dawn Farm. Briere interrupted Burke, apologizing for doing so, but stressed that her concern was not with Dawn Farm but rather with the living wage compliance: “I just don’t want you to spend too much time telling us what we all agree are the virtues of Dawn Farm as an entity and the work they do for the Sobriety Court.” Burke stressed that Balmer agreed with the city’s living wage ordinance, but was not in a financial position to comply, and Balmer had wanted to be honest about that. Burke then went on to explain the importance of the work that Dawn Farm does in support of the Sobriety Court.

Briere indicated that she didn’t see a process in the application for the living wage exemption that would eventually lead to compliance. Just as working toward sobriety has steps, Briere said, working toward financial solvency also has steps. Her problem was with the exemption, not the contract.

By way of background, the point Briere was raising related to conditions on the exemption that the council can grant under the ordinance. The Ann Arbor’s living wage ordinance reads in relevant part [emphasis added]:

… provided further that the otherwise covered non-profit employer shall provide a written plan to fully comply with this Chapter within a reasonable period of time, not to exceed three years, and the City Council then agrees that granting a partial or complete exemption is necessary to ameliorate the harm and permit the non-profit organization sufficient time to reach full compliance with this Chapter.

Briere wanted that process to be included in the application for the exemption.

Outcome: The Dawn Farm contract, with the three-year exemption from the city’s living wage ordinance, was granted by the council over dissent from Sabra Briere (Ward 1). She did not insist on a roll call vote.

Wind Energy

The council had previously voted unanimously at its Jan. 7, 2013 meeting to approve the acceptance of a roughly $950,000 U.S. Department of Energy grant for installation of a wind generator project. On June 17, the council was asked to spend about $50,000 of the proceeds of that grant on the initial environmental assessment, required before the project can proceed. The specific item on which the council was asked to vote was a contract with CDM Smith to perform an environmental analysis (EA) under the National Environmental Policy Act (NEPA), which includes public engagement.

The wind generator item was on the consent agenda, but was pulled out for separate consideration.

Wind Energy: Council Deliberations

Jane Lumm (Ward 2) led off discussion by saying that she’d learned that day that the proposal is to place a wind turbine at Pioneer High School. She felt it was unfortunate that an initial decision had been made to place the generator on the high school property, without more community outreach – but she allowed that part of CDM Smith’s scope of work would include public engagement.

Sumi Kailasapathy (Ward 1) followed up on Lumm’s remarks by reporting that she’d received a letter from a University of Michigan physics professor – Gregory Tarlè – on the topic of the wind generator. She read aloud some concerns outlined by him in his message:

I am currently teaching a class “Energy for our Future” at the University of Michigan. One of the first things we learn when studying wind power is that the power you can get from a wind turbine goes as the cube of the wind velocity. Effective wind turbines must be sited in places where the wind velocity is high and steady or where there are frequent high velocity gusts. Attached is a map of US Wind Resources from the Department of Energy. As you can see, wind resources are marginal at best in Ann Arbor but are excellent offshore in the Great Lakes. Winds increase with altitude (because of wind shear) and that is why large towers are needed. It is not educational to site wind turbines at sites selected for non scientific reasons.

Kailasapathy summarized Tarlè’s remarks by saying that the only thing this turbine would teach students is that if you place a windmill where there’s no wind, then it won’t move. She didn’t think that’s worth $1 million. She regretted voting for the project earlier, but it’s not too late, she said. She allowed that it was federal dollars, but that’s still taxpayer money and it’s the council’s duty to be a good steward, she said.

City utilities engineer Brian Steglitz, who’s managing the wind generator project, and public services area administrator Craig Hupy were on hand to answer questions. Sabra Briere (Ward 1) asked Steglitz to explain why it’s a good project. He characterized it as a demonstration program for wind energy in an urban environment. The city went through a competitive process with the Department of Energy to obtain the grant, he said. The partnership the city is working on with Wind Products – the company that will install the wind generator – would include a guarantee that the turbine will produce a minimum amount of energy. Wind Products had also looked at wind maps, Steglitz said, and looked at the cut-in speeds for the turbines to evaluate how much of the time the windmills would actually be spinning. Based on that analysis, Wind Products was willing to guarantee a minimum amount of power. The project is also part of the city’s goal to generate alternative energy, Steglitz said.

Briere indicated she’d heard from others that there’s no way the wind generator could produce enough electricity to pay for itself. Steglitz noted that the data provided by Wind Products indicated that the 60kW turbine would not generate a tremendous amount of power, but it would offset some of the power needs of the high school. Wind Products would subsidize any possible shortfall in power generation. The power that the school would purchase from the developer will cost less than conventional power, Steglitz said, which is part of the school district’s incentive to participate in the program – to realize a few thousand dollars worth of electricity savings per year. The city’s role is more like a broker between Wind Products and the school district.

Later in the meeting, Kailasapathy asked if the estimates for energy production were independently verified by a third party. Hupy explained that they had not been verified, but that the estimates would be tied to a financial commitment from Wind Products – that it would subsidize any shortfall in power production.

Sally Petersen (Ward 2) asked for more information about the Ann Arbor Public Schools participation in the project. Once the generator is installed, who takes over from there? If AAPS cuts its budget, will it possibly cut support for the turbine? Steglitz indicated that the AAPS will lease the space for the turbine and purchase the power. That’s the extent of AAPS participation. Wind Products would maintain and operate the generator, he explained. Later in the council’s deliberations, information in the staff memo accompanying the resolution was drawn out – that the city would eventually own the generator:

It is anticipated that the wind turbine(s) will be located on AAPS property, that the wind turbine(s) will be owned or purchased by the City, that the developer will construct the wind turbine(s), and that the AAPS will purchase the power from the wind turbine(s) under a power purchase agreement. While the City, AAPS and Wind Products have been meeting and continue to work to come to terms on the several agreements so that they can be ready to be brought forward for review and approval once the NEPA EA and public engagement process are completed and accepted by the DOE.

Sally Petersen (Ward 2).

Petersen ventured that AAPS will have a financial upside, which Steglitz confirmed.

Hupy explained that the item the council was being asked to approve provided funding to look at the environmental impact of the turbine. In arguing against the approval, Lumm cited the same letter from Tarlè that Kailasapathy had mentioned.

Marcia Higgins (Ward 4) asked how the public would be notified about the public engagement process. Steglitz explained that the intent would be to broaden the scope beyond the standard requirement that residents within 500 feet be notified. He described how the process would include the city’s public engagement “toolbox.” The intent, Steglitz said, was to conduct public engagement and environmental review over the next six months, and to have the review and assessment finished by the end of the 2013 calendar year.

Higgins ventured that it’ll be a lively debate about whether a wind turbine should be placed at Pioneer High School. Responding to a question from Higgins about the city’s financial commitment, Steglitz described it as around $18,000 worth of staff time. Higgins said she was willing to let the debate unfold and not get in the way of it. She confirmed with Hupy that before any further city commitment is made, the council would have to approve it.

Stephen Kunselman (Ward 3) asked for a refresher on the height of the pole where the wind-turbine would be mounted. Steglitz explained that it’d be about 120 feet tall with a 60-foot diameter blade. Kunselman concluded it’s not really a “turbine” but rather just a “generator.” [Kunselman's day job at UM is as energy liaison with Planet Blue.] He felt that the generator will actually be generating a decent amount of electricity given its educational, demonstration purpose. Mike Anglin (Ward 5) also expressed his support for the project based on its educational impact.

Lumm allowed that she had voted to accept the federal grant back in January. But she’d learned a lot since that vote was taken, she said. She wouldn’t support taking the next step based on the idea that it would be sited in a location that doesn’t have much wind.

As a partial counter to Lumm’s complaint that there had not been community outreach on the siting of the generator, Sabra Briere (Ward 1) ventured that public outreach wouldn’t happen unless the city hired CDM Smith to do the public outreach, which the council was being asked to approve. That process would help determine whether this is an appropriate site, she ventured. Steglitz confirmed that’s correct. Briere wondered what the alternative locations are. Steglitz indicated that there aren’t really any alternative sites. Hupy confirmed that the city has looked extensively, even as far north as East Lansing – where it might be sited with a maize-and-blue pole, he quipped. City administrator Steve Powers subsequently assured the council that Hupy was not joking about the idea of trying to find a location in East Lansing.

Petersen wanted to know if anyone from AAPS was at the council meeting to talk about the educational component – no one was. Kailasapathy questioned the idea that there could be an educational benefit, if the generator were to be located in East Lansing. Hupy explained how utility regulations require that the power be consumed on the site where it’s generated. Transmission over lines to be used in other locations isn’t allowed except with permission of the electric utility.

Kailasapathy raised a question about noise created by the generator. Steglitz explained that the noise issue would be part of the environmental assessment.

From left: Christopher Taylor (Ward 3) and Stephen Kunselman (Ward 3).

In the course of the council’s discussion, the email from Tarlè had been sent to all councilmembers, and Kunselman took the opportunity to comment on it in more detail. He stressed that Tarlè seemed to be talking about wind-farm sized turbines – not the size of the generator that the city is considering. What the city is considering, he said, is a 60 kW wind generator that will be running about 30% of the time. And part of that time, students would have the opportunity to look at a data center that shows all the data. That’s the educational component of the project, he said. And the money is Dept. of Energy grant money, not city money, Kunselman added. He concluded that the city should move forward with the project.

Mayor John Hieftje weighed in for the resolution, saying it’s worth exploring the next stage of the project. Hieftje said he wants to follow the lead of the DoE. Lumm responded to Hieftje’s argument based on the DoE, by questioning whether the DoE is aware of the power generation estimates. Hieftje ventured that DoE is aware of the educational nature of the project.

Outcome: The contract with CDM Smith to conduct an environmental assessment for the wind generator project was approved over dissent from Sally Petersen (Ward 2), Jane Lumm (Ward 2) and Sumi Kailasapathy (Ward 1).

Video Privacy Ordinance

The council was asked to give initial approval to an ordinance regulating the use of public surveillance cameras in the city.

The council had previously postponed the item at its May 20, 2013 meeting. Before that, the council had postponed the item at its April 15 meeting – due to the length of that meeting – and again on May 6. [.pdf of ordinance as presented to the council on April 15, 2013]

The new ordinance would apply only to a limited range of cameras – those used by the city of Ann Arbor “to monitor human activity without the physical presence of an operator, including cameras on remotely operated aerial vehicles.”

The ordinance would not apply to a range of city of Ann Arbor cameras, for example: cameras used to improve traffic design, security cameras operating in jails, prisons, water treatment facilities, public housing facilities, or the Ann Arbor Airport and other governmental facilities.

The new ordinance would allow for public surveillance cameras to be installed for 15 days or less at the discretion of the city administrator if the purpose is to address a specific criminal problem.

The council’s consideration of the topic dates back a few years. Former Ward 1 councilmember Sandi Smith had announced at a council meeting on Aug. 4, 2011 that she’d be bringing a video surveillance ordinance for consideration at the council’s Sept. 6, 2011 meeting. And a year before that she’d indicated the city’s human rights commission would be working on the issue.

Video Privacy Ordinance: Council Deliberations

Chuck Warpehoski (Ward 5) introduced the ordinance. He noted that while Chief John Seto was out of town and not available to answer questions about the potential impact of the ordinance on law enforcement activity. Still, Warpehoski asked his colleagues to move the change forward to a second reading. He characterized the ordinance as striking a balance between the right to privacy and the interests of law enforcement. In light of the full agenda that night, Warpehoski suggested a more in-depth discussion when it came back for second and final reading.

Sally Petersen (Ward 2) asked for a clarification of some of the changes that had been made to the proposed ordinance. Sabra Briere (Ward 1) thanked Warpehoski for his work, but said that this ordinance was not her favorite idea.

Jane Lumm (Ward 2) indicated she was hoping it would be postponed, citing Seto’s absence. She also noted that new revisions had been given to the council only last night. She didn’t think the council should pass ordinances at the first reading just to get them to the second reading. So she said she wouldn’t be supporting it.

Stephen Kunselman (Ward 3) appreciated Warpehoski’s work to bring the ordinance forward. But he felt it’s a solution in search of a problem. He knew he wouldn’t support it when it came to the second reading – because he felt it tied the city administrator’s hands. Privacy is already protected, he contended. And surveillance cameras do work, he said, giving the West Willow neighborhood as an example. He asked: Where’s the budget for this? Asking the city administrator to run around getting permissions from residents didn’t seem sensible, Kunselman said.

Sumi Kailasapathy (Ward 1) indicated support for postponement and made a motion to postpone. Warpehoski seconded that motion. Christopher Taylor (Ward 3) indicated support for the postponement, but said he’d have probably been inclined to support it at first reading.

Outcome: The council voted to postpone the video privacy ordinance until July 1, when police chief John Seto will be available.

Fire Code

The council was asked to give initial approval to an amendment to Chapter 111 (Fire Prevention) of the city code so that it refers to the 2009 International Fire Code instead of the 2003 version.

Chuck Warpehoski (Ward 5) indicated that he’d support the ordinance at first reading, but he had some concerns about the inspection of certain areas. Jane Lumm (Ward 2) asked fire chief Chuck Hubbard about the frequency and cost of fire inspections. Hubbard contrasted inspections with re-inspections. If there are violations found, then an inspector will return to confirm that the violation has been corrected – and that’s a re-inspection. Hubbard allowed that inspections have been stepped up. It’s being done for the benefit to the property owners, he said.

Ann Arbor fire inspections: 2006-2012. (Data is from city financial records. Chart by The Chronicle.)

City administrator Steve Powers indicated that the performance of the fire inspection program is being reviewed. Stephen Kunselman (Ward 3) noted that the building department is already using the 2009 code, but the fire department is using the 2003 code. What are the differences? Kunselman got confirmation that the council’s approval is more or less a formality. It’s like “housekeeping.”

Mike Anglin (Ward 5) asked how many staff are allocated to fire inspections. Hubbard told Anglin it’s been increased from three people to seven. Anglin felt the overall safety of the community was being improved through that effort.

Christopher Taylor (Ward 3) said he’s delighted that the city is conducting more fire inspections.

Outcome: The council voted to give initial approval to the adoption of the 2009 fire code.

Billboard Ordinance

The council was asked to give final approval to an ordinance change that would restrict the way that digital technology could be incorporated into outdoor signs. It would also prevent any digital technology retrofitting of existing billboards, and prohibit billboards generally – although the 28 existing billboards citywide would be allowed to continue as non-conforming structures. The change had been given initial approval by the council and had been up for final action twice before – most recently, on May 6, 2013. Action on May 6 was to postpone a final decision – until the council’s June 17 meeting. [.pdf file of map showing billboard locations in the city]

Christopher Taylor (Ward 3) introduced the agenda item, describing it as enforcing the status quo. He described some changes that had been made to the proposed ordinance revisions, compared to those already given initial approval by the council. One is an exception for churches and schools. The definition of “changeable” copy had also been revised. Taylor said it’s important that billboards not expand beyond their current status.

Chuck Warpehoski (Ward 5) reported that he’s heard close to zero support for expanding billboards to use digital technology – other than from those in the outdoor sign industry. He’d heard no support for digital signs to the point where he felt there was a clear consensus for that point of view.

Sally Petersen (Ward 2) argued that if Ann Arbor wants to be a tech town, then preserving the status quo is too conservative. She cited the possible negative impact on economic development. The ordinance changes promote blight by not allowing existing billboards to be removed and replaced with new ones, she contended. So she’d oppose the ordinance change. She pointed out that the Michigan Dept. of Transportation (MDOT) relies on digital technology to convey messages along the highways. She called for a more comprehensive look at the ordinance. It’s way too conservative for a town that wants to move forward with technology, she said.

Sabra Briere (Ward 1) ventured that the Ann Arbor Public Schools district is unlikely to go ahead with a proposal to contract with Adams Outdoor Advertising on school property. She said that two of the digital signs proposed by Adams Outdoor Advertising were in Ward 1 – which she represents. The idea of having digital signs there didn’t make her happy, but she conceded she was perhaps an old fogey.

Jane Lumm (Ward 2) thanked the city staff for all their research and their work on the ordinance. She thought the proposed changes were reasonable, so she’d be supporting the ordinance change.

Mike Anglin (Ward 5) thanked the staff for their work. He said it’s clear that the community doesn’t want any more visual intrusion. He characterized the ordinance change as not an anti-business proposal, but rather a pro-community move.

Outcome: The council voted to give final approval to the billboard ordinance, over dissent from Sally Petersen (Ward 2) and Marcia Higgins (Ward 4).

Fireworks Ordinance

The council was asked to consider a revision to the city ordinance on fireworks. The impact on the upcoming July 4 holiday would be that fireworks use would be limited in Ann Arbor to the time between 8 a.m. and midnight. A necessary revision to state law, in order to make the city’s action legal, had already been passed by the Michigan House and Senate when the council met. It awaited only signature by the governor’s office, which it subsequently received two days later on June 19.

The revision to the city’s fireworks ordinance was given initial approval at the council’s June 3, 2013 meeting. The impact of the ordinance change is to restrict the use of fireworks on July 3-5 to the period between 8 a.m. and midnight on those days. The ordinance change applies to other national holidays as well. On New Year’s Day, however, the time extends to 1 a.m.

The local ordinance change is made possible by the change to state law, which previously did not allow local governments to regulate fireworks for a continuous 72-hour period – for the day preceding a national holiday, the national holiday, and the day following the national holiday. The statutory change makes it possible for a local government to regulate the time of fireworks use around the time of national holidays.

Fireworks Ordinance: Public Hearing

Two people spoke at the public hearing on the fireworks ordinance change. Thomas Partridge said that July 4 should be a celebration of civil rights and human rights. He objected to celebrating the holiday with fireworks. Michael Benson asked the council to consider allowing people to apply for a permit to use fireworks on other days. He wondered what other costs could be imposed by the ordinance language “plus costs” that are mentioned in connection to a $500 fine.

Outcome: After a brief introduction by Sabra Briere (Ward 1), the council voted to give final approval to the fireworks ordinance.

CIL Parking for The Varsity

The council was asked to approve a change to the development agreement between the city and The Varsity – a 13-story, 177,180-square-foot apartment building containing 181 dwelling units (415 bedrooms). The council’s requested action was essentially a confirmation of an Ann Arbor Downtown Development Authority decision to award the right to purchase a total of seven monthly permits, at a 20% premium cost.

The Varsity is located at 425 E. Washington St. in downtown Ann Arbor. Based on zoning requirements, 76 off-street parking spaces are required. Only 69 were provided on site. The others were provided through the contribution in lieu (CIL) program. The seven spaces were approved by the Ann Arbor DDA at its June 5, 2013 meeting. It falls to the DDA to make a decision on the CIL spaces, because the DDA administers the city’s public parking system under a contract with the city.

Outcome: After a recitation of the situation’s background by Sabra Briere (Ward 1), the council voted to approve the revision to the development agreement.

Site Plans, Brownfield Plans

At its June 17 meeting, the city council was asked to give approvals in connection with three developments.

Site Plan: State Street Center

One request was a site plan approval for the State Street Center, near the intersection of South State and Ellsworth. The project calls for demolishing a vacant 840-square-foot house on this site. In its place, the developer plans a one-story, 1,700-square-foot drive-thru Jimmy John’s restaurant facing South State Street. A one-story, 6,790-square-foot retail building will be built behind the restaurant. The rezoning of the parcel for this site plan was given final approval at the council’s June 3, 2013 meeting.

Outcome: The council voted without discussion to approve the State Street Center site plan.

Site Plan, Brownfield Plan: 544 Detroit St.

The council was also asked to approve the site plan for 544 Detroit St. – a three-story building with offices on the first floor and residences on the upper two floors. It’s a “planned project” to allow an additional 3.5 feet of building height for a “decorative parapet” on the building’s north end and a stair enclosure to access a roof deck.

A rendering that shows the proposed design for 544 Detroit St., at the corner of Detroit and North Division.

For the 544 Detroit St. project, the council was also asked to approve a brownfield plan. According to a staff memo, the brownfield component – which allows tax increment financing (TIF) to reimburse the developer for eligible costs – includes a total of $698,773 in eligible activities. Some of those eligible activities include soil remediation ($174,620), infrastructure improvements ($70,350), and vapor mitigation ($32,000).

The planning commission gave the 544 Detroit St. project a recommendation of approval at its Dec. 18, 2012 meeting.

Site Plan, Brownfield Plan: 544 Detroit St. – Public Hearing

Jeff Crockett spoke in favor of the 544 Detroit St. project. He called it a responsive development. The site plan demonstrates serious consideration of citizen input, he said – and he knew of no one who opposed this project. He called for zoning laws that are not driven just by statistics, but rather are value-driven. Thomas Partridge also spoke on the 544 Detroit St. project, criticizing the fact that there was no attached requirement that the site provide affordable housing or access to public transportation.

Site Plan, Brownfield Plan: 544 Detroit St. – Council Deliberations

Marcia Higgins (Ward 4) mentioned briefly that this was one of the better brownfield projects the committee had seen. She serves on the city’s brownfield committee.

Outcome: The council voted to approve both the site plan and the brownfield plan for 544 Detroit.

Brownfield Plan: Packard Square

Finally, the council was asked to approve an amendment to a previously-approved brownfield plan for Packard Square, at the former site of the Georgetown Mall. The amendment adds to the list of eligible activities – including underground parking and urban stormwater management. The total cost of eligible activities is not changed. Demolition at the site began a few weeks ago.

Marcia Higgins (Ward 4) asked about payment of back taxes – the project is located in Ward 4. Nathan Voght of the Washtenaw County office of community and economic development, which manages the county’s brownfield redevelopment program, fielded Higgins’ questions. The indication was that the back taxes would be paid.

Higgins noted that the demolition is in progress, so Voght gave an update. May 28 was the start of demolition. The Michigan Dept. of Environmental Quality (MDEQ) indicated that additional asbestos mitigation was needed. Soil excavation to remove contamination is ongoing and a vapor barrier will probably need to be installed, Voght said. He thought by mid-July the demolition will be done. The developer indicated that construction would begin as soon as possible after that.

Higgins said that residents are pleased to see the project going forward. Mayor John Hieftje thanked Higgins for her efforts.

Outcome: The council voted to approve the Packard Square brownfield amendment.

$382K for Housing Commission

The council was asked to provide $382,000 of operational support to the Ann Arbor Housing Commission.

The resolution was held over from the council’s June 3, 2013 meeting. That’s when the council took several steps to move the Ann Arbor Housing Commission forward along a path to converting the properties it manages to project-based vouchers. A similar operations funding resolution had appeared on that meeting’s agenda, but was withdrawn.

The additional funding, according to a staff memo accompanying the resolution, is needed to mitigate against the impact of federal sequestration. The memo puts that impact at about $300,000 less for public housing and $50,000-$75,000 less for capital funding.

Of the total amount, $159,000 is appropriated from the city of Ann Arbor’s affordable housing trust fund, and $223,000 would be appropriated from the general fund. The city’s housing and human services advisory board had voted to recommend the $159,000 be appropriated from the affordable housing trust fund.

$382K for Housing Commission: Council Deliberations

Sabra Briere (Ward 1) introduced the resolution, noting that it will empty the affordable housing trust fund – but that fund will receive $100,000 on July 1, because of the budget allocation the council passed as part of the FY 2014 budget. Stephen Kunselman (Ward 3) asked city CFO Tom Crawford if there were sufficient funds in the general fund reserve to cover the allocation. Crawford projected a fund balance of $13.9 million at the end of the fiscal year. That’s about 17% of operating expenses. But he did have some concerns, Crawford said. At the end of FY 2015, based on the council’s recent action, the fund balance would be around 13%. In general, he has some concerns about how the fund balance is being used.

City administrator Steve Powers noted that the current council policy is to maintain 8-12% of operating expenses in the fund balance.

Jane Lumm (Ward 2) thanked Jennifer Hall, executive director of the AAHC, for her work.

Outcome: The council voted to approve the AAHC allocation.

Commitment of $750,000 for 721 N. Main

The council was asked to make a commitment of up to $750,000 from the city’s general fund – to undertake planned improvements to the city-owned property at 721 N. Main. The commitment is a requirement for a grant application that the city is making to the Michigan Natural Resources Trust Fund for $300,000.

If the city’s plan unfolds as it expects, then none of the $750,000 in general fund money would be needed.

The improvements to 721 N. Main have resulted from work done by a North Main Huron River corridor task force that has been working at the direction of the city council since the summer of 2012 to make recommendations for the corridor.

Of the $1.2 million estimated cost for the planned trail and stormwater improvements to the site, the city plans to use $150,000 from the city’s stormwater fund. To cover part of the remaining $1.05 million, the city hopes to use $600,000 from a grant it has applied for from the Michigan Dept. of Transportation (MDOT) and the Southeast Michigan Council of Governments (SEMCOG) – through SEMCOG’s transportation alternatives program (TAP).

The council approved the application for the SEMCOG grant at its April 15, 2013 meeting. To cover the remaining $450,000, the city hopes to use $150,000 from a Washtenaw County Parks & Recreation Connecting Communities grant and $300,000 from the Michigan Natural Resources Trust Fund (MNRTF) grant. The council approved the application for those last two grants at its Dec. 17, 2012 meeting.

The council’s resolution considered on June 17 came in response to an MNRTF grant requirement that the council commit the city to funding the other grants itself – from general fund money – if those grants fail to materialize. The $750,000 figure comes from adding the $600,000 SEMCOG grant to the $150,000 Washtenaw County Parks & Recreation grant.

Commitment of $750,000 for 721 N. Main: Public Commentary

During public commentary time at the start of the meeting, Bob Galardi addressed the council on the MDNR grant application in connection with the city-owned property at 721 N. Main. He’s a member of the city’s park advisory commission, but spoke on behalf of the Allen Creek Greenway Conservancy. He’s president of the conservancy’s board. Galardi asked the council for their support of the resolution that commits the city to as much as $750,000 of general fund money for the project. The conservancy, he said, is confident that the grant funding for which the city has applied will materialize. [That would mean that the city wouldn't need to spend that money.]

Commitment of $750,000 for 721 N. Main: Council Deliberations

When she introduced the item, Sabra Briere (Ward 1) stressed that the commitment the council was being asked to make is not an expenditure.

Mike Anglin (Ward 5).

Jane Lumm (Ward 2) thanked Briere for her service on the North Main Huron River task force. Lumm indicated support for the resolution. Stephen Kunselman (Ward 3) wondered if any park millage dollars would be spent on this project. Briere noted that the property is not yet a park. When will it be a park? asked Kunselman. That’s a decision for the park advisory commission (PAC), not for her, Briere responded.

Christopher Taylor (Ward 3), who serves as an ex officio member of PAC, noted that park staff are sensitive to the funding requirements of maintaining existing parks. Mayor John Hieftje described the general context of two city-owned properties – 415 W. Washington and 721 N. Main – and how those properties fit into the context of greenway planning. Hieftje talked about the need to focus on the provision for long-term maintenance.

Mike Anglin (Ward 5) said it’s important that this resolution commits money. Anglin said a chain of parks through the city – like the greenway – would have a positive economic impact.

Outcome: The council voted to commit the funds for the 721 N. Main site.

Pizza in the Park

Several speakers addressed the council in connection with a petition they delivered to the city – a copy of which was attached to the council’s electronic agenda. The petition asked the council to take action to ensure that no fees are required to be paid by organizations that are providing humanitarian aid in the city’s parks.

The general petition stemmed from concerns about protecting a specific event – Pizza in the Park, a homelessness ministry of the Vineyard Church that includes distribution of food and other aid at Liberty Plaza, located at Liberty and Division streets in downtown Ann Arbor. A few months ago, the parking of a vehicle in a private driveway and the subsequent application of a park shelter rental fee by the city led to protests raised during public commentary at the council’s May 20, 2013 meeting. Assurance was given at that meeting that the Pizza in the Park event could continue. That was affirmed when speakers again addressed the issue at the council’s June 3, 2013 meeting.

Speakers on those occasions – many who are affiliated with Camp Take Notice, a self-governed homeless community – asked for a written assurance of the city’s commitment. During council communications time on June 17, Christopher Taylor (Ward 3), who serves as one of two city council ex officio representatives to the city’s park advisory commission (PAC), announced that PAC would be considering a related resolution at its meeting the next day. And on June 18, 2013 PAC considered and passed a resolution recommending the waiver of rental fees associated with Liberty Plaza – a waiver that would apply to any group. That recommendation will need the approval of the city council.

First to address the council on the topic during June 17 public commentary was Peggy Lynch, who took the podium to applause. She described an unmet and tragic humanitarian need in Ann Arbor. She thanked the council for the eliminating the fee that was being applied to Pizza in the Park at Liberty Plaza. But she was hopeful that the gentleman’s agreement could be replaced with something in writing. David Williams echoed the request for a written commitment.

Thomas Partridge assured the council that if he were elected mayor or councilmember, he would be giving voice to the concerns of the residents of Camp Take Notice. He called for the advancement of Dr. Martin Luther King’s civil rights agenda. He recalled King’s “I have a Dream” speech.

Jose Galofre addressed the council through a sign language interpreter, calling for the passage of an ordinance – put down in writing for the future to ensure that fees would not be applied to Pizza in the Park. Michael Ramirez told the council he has medical issues that require him to go to the University of Michigan health system, and he spoke in support of Pizza in the Park ministry. Christine Kern told the council she lives on the street with her boyfriend. They’d be sleeping outside that night. She recited a definition of basic human rights, and asked the council to enact an ordinance that protects the right to distribute humanitarian aid on public land.

At the end of the meeting during public commentary time, Seth Best and Peggy Lynch again addressed the council on the idea of the fee waiver for Liberty Plaza. They wanted something in writing – and they wanted it to be possible for humanitarian aid to be distributed in any park.

Caleb Poirer quipped that it felt wonderful staying up late with the council. [By that point, it was about 12:30 a.m.] It reminded him of staying up late as a kid, but with adults – just without “the blankets and the socks with the bottoms.” He allowed that there was a concern that someone could drive a semi-trailer truck through the loophole of the phrase “humanitarian aid.” But he asked the council to wrestle with the language that would make an ordinance work to allow humanitarian aid to be distributed. There are a lot of people who want to do kind things, he said, and urged the council not to let fees get in the way.

Outcome: This was not a voting item.

Millage Rate Correction

The council was asked to correct a .0031 error in the specification of the rate of the FY 2014 tax levy for the city’s park maintenance and capital improvements millage. The FY 2014 fiscal year begins on July 1.

The millage rate that was listed in the FY 2014 budget resolution – approved by the council at its May 20, 2013 meeting – was 1.0969 mills. The park maintenance and capital improvements millage should have been listed as 1.10 mills. The corresponding correction from the total millage rate was from 16.4470 to 16.4501 mills. Measured in dollars, the correction is estimated to bring in an additional $14,460 in revenue.

Outcome: After a brief introduction from Christopher Taylor (Ward 3), the council approved the correction to the millage rate.

Police Unions Wage Bump

The council was asked to approve contracts with city police unions that award 2% and 1% wage increases.

Re-openers for the final year of their contracts resulted in new contracts with six police department unions: Teamster Civilian Supervisors, Teamsters Local 214; Police Professional Assistants, Teamsters Local 214; Ann Arbor Police Officers Association – Police Service Specialists; Command Officers Association of Michigan; Ann Arbor Police Officers Association; and Deputy Chiefs, Teamsters Local 214.

Membership in these unions breaks down as follows: Deputy Chiefs (2); Teamster Civilian Supervisors (35); Teamster Police Professionals (5); AAPOA (90); COAM (22); and Police Service Specialists (5).

Common to all the contracts is a 2% wage increase starting July 1, 2013 and a 1% increase starting Jan. 1, 2014.

Also common to the contracts is the acceptance of the change in pension board composition, which was approved by voters on Nov. 8, 2011 with a 68% majority. The change retained the body as a nine-member group but distributed the membership differently, as follows: (1) the city controller; (2) five citizens; (3) one from the general city employees; and (4) one each from police and fire employees. Eliminated from the mix was the city administrator.

Marcia Higgins (Ward 4) thanked the staff for their work. It’s the first time since she’s been on council that all the contracts have been resolved before expiration, she said. Jane Lumm (Ward 2) thanked the staff and recited the nature of the agreements.

For the AAPOA an administrative correction was made to the phone allowance – $600, instead of $550.

The council voted to approve all the police department union contracts.

Resolution on SEMCOG Highway Plan

The council considered a resolution opposing the proposed expansion of I-94 in Detroit and I-75 in Oakland County.

Chuck Warpehoski (Ward 5).

The Washtenaw County board of commissioners had passed a similar resolution at its June 5, 2013 meeting. The interstate highway expansion is a part of SEMCOG’s 2040 Regional Transportation Plan with an estimated cost of $4 billion.

Chuck Warpehoski (Ward 5) stated that there are a lot of good elements in the SEMCOG plan. But there are not forecasts for additional traffic and population, so it didn’t make sense to expand the highways instead of maintaining them.

Warpehoski then quoted Picasso in explaining where the text for the resolution had come from: “Good artists copy, great artists steal.” He’d copied much of the resolution from resolutions that have been passed by other municipalities.

Outcome: The council voted to pass the resolution opposing SEMCOG’s 2040 plan. SEMCOG’s general assembly subsequently voted to adopt the plan.

Annual Contracts: SPARK, Lobbyist

As part of its consent agenda, the council was asked to approve two annual contracts for services at its June 17 meeting. One was a $48,000 contract with Governmental Consultant Services Inc. (GCSI) for lobbying services with the state legislature. The council also approved a $75,000 contract with Ann Arbor SPARK for business support services.

Items on the consent agenda are considered routine, and include contracts for less than $100,000. They’re voted on as a group.

The contact with the economic development agency Ann Arbor SPARK is one that has been renewed annually since the Washtenaw Development Council and Ann Arbor SPARK merged in 2006. Previously, Ann Arbor had contracted with the WDC for the business support services for which it now contracts with SPARK. On June 20, 2005, the city council authorized that one-year contract with WDC for $40,000. The resolution authorizing the $75,000 contract with SPARK again this year describes the organization’s focus as “building our innovation-focused community through continual proactive support of entrepreneurs, regional businesses, university tech transfer offices, and networking organizations.”

Ann Arbor SPARK is also the contractor hired by the city’s local development finance authority (LDFA) to operate a business accelerator for the city’s SmartZone, one of 11 such districts established in the early 2000s by the Michigan Economic Development Corp. (MEDC). The SmartZone is funded by a tax increment finance (TIF) mechanism, for a TIF district consisting of the union of the Ann Arbor and Ypsilanti Downtown Development Authority districts.

Revenue is generated only in Ann Arbor’s district, and the LDFA is a component unit of the city’s budget. In the FY 2014 budget, the LDFA is expected to receive $1,655,647 in revenue. The specific taxes on which the increment since 2002 is captured are the school operating and state education taxes, which would otherwise be sent to the state and then redistributed back to local school districts.

GCSI’s Kirk Profit, an Ann Arbor area resident and former member of the state House of Representatives, typically makes an annual presentation to the council with an update on state-level legislative issues relevant to the city’s budget situation. Written updates to councilmembers on legislative activity are sent on a weekly or daily basis.

Outcome: As part of the consent agenda, councilmembers approved contracts with GCSI and Ann Arbor SPARK.

Council Rule Changes

The June 17 agenda included an item related to changes in the council rules. Possible changes include adding a period of public commentary to the council’s work sessions, but reducing public speaking time per turn from three minutes to two minutes. [.pdf of draft rules changes]

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

Councilmember speaking time is also proposed to be reduced. Councilmembers are allowed two speaking turns per agenda item. Under the current rules, time limits for those speaking turns are five minutes for the first turn and three minutes for the second turn. Under the proposal, those times would be reduced to three minutes and two minutes, respectively.

The proposed addition of an opportunity for public commentary at council work sessions would ensure that councilmembers could freely deliberate toward public policy decisions at those sessions and still conform to Michigan’s Open Meetings Act.

The proposed rules changes would move mayoral communications from the end of the meeting to a spot closer to the start of the meeting. That would give nominations to boards and commissions – which are a part of those communications – somewhat greater prominence.

[For previous Chronicle coverage, see: "Council Mulls Speaking Rule Changes."]

Council Rules Changes – Frequent Speakers

A consequence of reducing the speaking time limit from three minutes to two minutes is that the total speaking time a single speaker could take at a meeting would be reduced by one-third. It’s not unusual for a meeting to include a half dozen or more formal public hearings, in addition to the public commentary slots on the agenda. The June 17 meeting, for example, featured seven public hearings. With a three-minute time limit, it’s not uncommon that one person could have a total of about a half hour available to address the council.

Thomas Partridge typically reserves one of the 10 slots at the start of the meeting and speaks at most of the public hearings at any given meeting of the council – generally connecting his remarks to the topic of the hearing with general themes of affordable housing, transportation and education, as well as calls for social justice. Occasionally mayor John Hieftje, who presides over the council’s meetings, will deem Partridge’s remarks to be insufficiently related to the topic of the public hearing and admonish Partridge to stay on topic. The June 17 meeting featured one occasion when Hieftje offered that admonishment to Partridge.

And at the conclusion of the meeting’s seventh public hearing – on the brownfield plan for Packard Square – after  Partridge had held forth several times at previous hearings, Ann Arbor resident Todd McWilliams addressed the council, but not on the topic of the brownfield plan for Packard Square. He told the council he’d attended several of the council’s meetings over the last six months and wanted to address Partridge. McWilliams told Partridge that Partridge was doing an injustice to the public hearings, and was abusing the council’s time. At that point, McWilliams earned an admonishment from Hieftje to speak to the topic of the hearing.

Partridge responded to McWilliams from the audience by accusing McWilliams of abusing Partridge’s civil rights. McWilliams said: “There’s got to be another way of doing this; because this isn’t the right way to do it.” Partridge’s rejoinder was: “See you in court.”

Council Rules Change: Public Comment

During public commentary time at the conclusion of the meeting, two people addressed the council on the topic of the rules changes.

Jane Lumm (Ward 2) and resident Michael Benson. Benson serves on the city’s taxicab board.

Michael Benson thanked the council for staying late. He commended the rules committee, saying that the proposed rules represent a step forward. He suggested that reducing the speaking time from three minutes to two minutes might not be so bad, given that when people hand over written remarks to the clerk, those documents can eventually be added to the agenda. He told the council they should consider constraining their own question time during the meeting – as that was where the council spent the majority of its time. He also suggested that reserved time at the start of the meeting be confined to true action items.

Jeff Hayner thought it’s great that someone talked about the rules. He agreed with Benson’s point about the ability to submit written remarks. He suggested, however, that some of the time saved through a reduction in speaking time be re-allocated to council discussion of items that sometimes didn’t receive much discussion – like the appointments to boards and commissions.

Council Rules Changes: Deliberations

Council conversation was scant. Marcia Higgins (Ward 4), chair of the council’s rules committee, said she’d like to see the item postponed. By way of background, the council’s current meta-rule on changing the rules requires that the council be notified of changes at the meeting prior to a vote on the changes – which had not happened yet. The proposed rules revisions include a change to that meta-rule.

Outcome: With no further discussion, the council voted to postpone the rules changes until July 1.

Appointments

The June 17 agenda included several items regarding appointments to city boards and commissions.

The council was asked to confirm the extension of Sabra Briere’s (Ward 1) appointment as the councilmember representative to the planning commission. She’s served in that capacity since November 2012. The council was asked to extend the term through Nov. 7, 2013. At that point the membership on the new, post-election city council will be settled. Briere is unopposed in the Democratic primary. An independent candidate, Jaclyn Vresics, has taken out petitions for that seat but has not yet filed them with the city clerk’s office. The deadline for independent candidates to submit petitions is Aug. 7.

Later, toward the end of the meeting, the council was asked to confirm Bonnie Bona’s reappointment to the planning commission.

Although Tony Derezinski had appeared on the list distributed to the council at its June 3 meeting as a nomination to the city planning commission – and was reported (mistakenly) by The Chronicle as having been nominated – Derezinski’s name was not actually read aloud that evening. The Chronicle learned that there was pushback on the council about Derezinski’s nomination for reappointment. He was filling out the remainder of Evan Pratt’s term – through June 30, 2013. Pratt was elected as Washtenaw County water resources commissioner in November 2012 and resigned from the planning commission at that time.

At the council’s Nov. 8, 2012 meeting, councilmembers had voted – over dissent from Jane Lumm (Ward 2) – to appoint Derezinski to that partial planning commission term. Up to that point, he’d served as the city council’s representative to the planning commission. However, he did not prevail in the August 2012 Democratic primary in his Ward 2 race against Sally Petersen.

On June 17, Jeremy Peters was nominated to replace Derezinski on the planning commission. Peters works in creative licensing and business affairs with Ghostly Songs. A council vote to confirm his appointment will occur on July 1.

Other appointments the council was asked to confirm on June 17 included members of the downtown area citizens advisory council: John Chamberlin, Ray Detter, Joan French, Jim Kern, Sue Kern, Kathleen Nolan, Herbert Kaufer and Hugh Sonk. They had been re-nominated at the council’s June 3 meeting, having first appeared on the council’s May 13 meeting agenda for reappointment. The names had not been presented to the council for confirmation on May 20. The terms of all the members had expired.

Also at its June 17 meeting, the council was asked to confirm LuAnne Bullington’s nomination to the taxicab board, having been nominated on June 3. Bullington had submitted an application to serve on the board of the Ann Arbor Transportation Authority earlier this year, which resulted in a divided vote by the council on the nomination that was put forward by mayor John Hieftje – Eric Mahler. Mahler was confirmed on a 7-4 vote as the AATA board appointment at the council’s May 13, 2013 meeting. He recently ended his service as a planning commissioner.

Other reappointments confirmed on June 17 were: Barbara Clark to the cable communications commission; Paul Fontaine and Chester Hill to the design review board; and Tom Stulberg to the historic district commission.

In the last few months, the council has taken an increased interest in mayoral appointments. That’s reflected in a change recommended by the council’s rules committee – to move the mayor’s communications time closer to the start of the meeting, instead of near the end. The mayor’s communications include nominations to boards and commissions and the council’s confirmation votes.

Outcome: The council voted unanimously to confirm all the appointments.

Communications and Comment

Every city council agenda contains multiple slots for city councilmembers and the city administrator to give updates or make announcements about important issues that are coming before the city council. And every meeting typically includes public commentary on subjects not necessarily on the agenda. Here are some highlights.

Comm/Comm: Public Safety

Jane Lumm (Ward 2) alerted her colleagues that a resolution regarding a public safety task force that she wants to form will be on the council’s July 1 agenda.

Comm/Comm: Stop Signs

Mike Anglin (Ward 5) called for a focus on safety as people move around the city during the summer. He called for the installation of stop signs to slow traffic on streets over which the city has control.

Comm/Comm: Affordable Housing

Thomas Partridge expressed disappointment with the council and the mayor for leaving the city without sufficient affordable housing. He said they lack the courage to stand up and bring the facts to the voters for support of tax increases to fund what’s needed.

Comm/Comm: AAHC Complaint

Diane Chapman introduced herself as a resident of Ann Arbor Housing Commission properties. She reported that she’s been physically attacked on the property and complained about the lack of response by AAHC staff.

Present: Jane Lumm, Mike Anglin, Margie Teall, Sabra Briere, Sumi Kailasapathy, Sally Petersen, Stephen Kunselman, Marcia Higgins, John Hieftje, Christopher Taylor, Chuck Warpehoski.

Next council meeting: Monday, July 1, 2013 at 7 p.m. in the second floor council chambers at city hall, 301 E. Huron. [Check Chronicle event listings to confirm date]

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If the city’s plan unfolds as it expects, then none of the $750,000 in general fund money would be needed.

The improvements to 721 N. Main have resulted from work done by a North Main corridor improvement task force that has been working at the direction of the city council since the summer of 2012 to make recommendations for the corridor.

Of the $1.2 million estimated cost for the planned trail and stormwater improvements to the site, the city plans to use $150,000 from the city’s stormwater fund. To cover part of the remaining $1.05 million, the city hopes to use $600,000 from a grant it it’s applied for from the Michigan Dept. of Transportation (MDOT) and the Southeast Michigan Council of Governments (SEMCOG) – through SEMCOG’s transportation alternatives program (TAP).

The council approved the application for the SEMCOG grant at its April 15, 2013 meeting. To cover the remaining $450,000, the city hopes to use $150,000 from a Washtenaw County Parks & Recreation Connecting Communities grant and $300,000 from the Michigan Natural Resources Trust Fund (MNRTF) grant. The council approved the application for those last two grants at its Dec. 17, 2012 meeting.

The council’s resolution passed on June 17 comes in response to an MNRTF grant requirement that the council commit the city to funding the other grants itself – from general fund money – if the grants fail to materialize. The $750,000 figure comes from adding the $600,000 SEMCOG grant to the $150,000 Washtenaw County Parks & Recreation grant.

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

721 N. Main site showing the two buildings to be demolished, which are located in the floodway.

The unanimous vote to accept the funds came at the council’s March 4, 2013 meeting. The 721 N. Main site is a former city maintenance yard, and is part of a broader area being studied by a task force. That area includes the North Main corridor and extends to the Huron River, covering the MichCon site near Broadway.

The cost of the demolition will be $116,939, with the remaining $29,235 to be paid by the city. The city’s portion will be drawn from a combination of funds – fleet services, major streets, local streets, and stormwater utility.

The two buildings are being demolished because they’re in the FEMA floodway. A third building – not in the floodway, but still in the flood fringe – is being studied for possible re-use. On a recommendation from the task force, the council approved $30,000 for the physical testing of that building at its Feb. 19, 2013 meeting.

The task force recommendation for the use of the 721 N. Main site has already been delivered to the city council, and is consistent with a previous council resolution that the floodway portion of the site would be incorporated into an Allen Creek greenway. The site-specific recommendation for 721 N. Main was delivered to meet deadlines for grant applications. The recommendation for a broader area on the 721 N. Main site is due at the end of July 2013. The city is applying for $300,000 in funding from the Washtenaw County parks and recreation commission’s Connecting Communities program, which had a December 2012 deadline. The city also plans to apply for a Michigan Natural Resources Trust Fund grant, which has an April 1, 2013 deadline.

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

The architecture of councilmember snacks at the Feb. 19, 2013 meeting provided a nutritional buffer against zoning out during the meeting: a stacked configuration of units for fruit and nuts. (Photos by the writer.)

The item drawing that interest was a proposed six-month moratorium on site plan review by the city for projects in the D1 (downtown core) zoning district. After holding a nearly one-hour closed session to review written legal advice from the city attorney’s office, the council decided to postpone the issue until March 4, its next regular meeting.

Exceptions to the proposed moratorium are provided for projects that have already received a recommendation of approval from the city’s planning commission. While that exception applies to a large residential project at 624 Church St., it does not exempt a larger project at 413 E. Huron. Planning staff had concluded that the East Huron project meets all the zoning requirements. But the planning commission’s vote on 413 E. Huron was only 5-3 in favor of recommending approval – one vote short of the six it needed. Ordinarily developers can, on their own initiative, bring a site plan to the city council for action, even without the planning commission’s recommendation.

If the resolution is enacted, then during the period of the moratorium, the planning commission would be directed to review the D1 zoning standards against site plans submitted since 2009, when new zoning regulations were established. The commission would be asked to make recommendations by June 4, its first meeting in June. The postponed resolution states that the council is supposed to take any action by Aug. 19, its second meeting in August.

Legal counsel for the 413 E. Huron developer addressed the council, intimating that if a moratorium were enacted, then a lawsuit would be filed against the city. Attorney Susan Friedlaender expressed skepticism about a provision in the postponed resolution that provided a way for an aggrieved party to have a hearing before the council. The council will take up the moratorium again on March 4.

Also postponed was a related resolution to reconvene the design guidelines task force, which would be asked to recommend improvements in the design review process. That resolution also will be taken up on March 4.

In another item related to downtown land development, the council completed an accounting step – establishing a project budget – in connection with roughly $9 million of bonds recently sold by the city. Those bonds are funding the public parking deck portion of the private City Apartments project now under construction at First and Washington. The Ann Arbor Downtown Development Authority will be making the bond payments.

Another land use issue postponed by the council was the proposed purchase of a parcel immediately adjacent to the Bluffs Nature Area. The postponement was based on council questions about the need for additional access from the west side of the nature area, and the price to be paid out of the city’s open space and parkland preservation millage. Related to that same millage, the council approved applying to the USDA Farm and Ranch Land Protection Program (FRPP) for matching funds to acquire development rights on two farms as part of the city’s greenbelt program.

In other land zoning issues, the council gave final approval to the owner-requested rezoning of some residential properties in the Arbor Hills neighborhood. The council also gave initial approval to a rezoning that would allow a retail project called The Shoppes to be built near the junction of Plymouth and US-23.

The council took action related to city-owned land at 721 N. Main, approving a $30,000 physical study of the main building on that former maintenance yard, to see if it can be re-used. At least part of that site is slated to become part of an Allen Creek greenway.

Across the street from 721 N. Main stands a collection of vacant houses that were supposed to be demolished to make way for the Near North affordable housing project. With that project now defunct, the city is moving to demolish the houses as nuisances. The council’s action on Feb. 19 was to accept about $96,000 in additional federal funds through a community development block grant, which can be used only for demolition of houses on the former Near North site.

In other action, the council formally adopted a sustainability framework that now will be part of the city’s master plan. And related to sustainability, the city council authorized the issuance of up to $1 million in bonds for the property assessed clean energy program (PACE). The PACE program provides low-interest loans for owners of commercial properties to invest in energy saving improvements.

Changes to the city’s living wage ordinance also were on the Feb. 19 agenda. The council had previously contemplated but ultimately postponed those changes. This time around, they were tabled. That means the issue will not come back, unless the council proactively decides to take up the proposal again in the next six months.

Also as a result of council action on Feb. 19, the municipal airport will get new fencing.

Moratorium on Downtown Site Plans

The council considered a six-month moratorium on the acceptance of new site plans for developments in downtown Ann Arbor.

Sabra Briere (Ward 1) and mayor John Hieftje.

Councilmembers also considered a resolution that called for reconvening the downtown design guidelines task force to consider and make recommendations regarding improvements to the design review process. Currently, developers must follow a mandatory process of review for downtown projects, but are not required to comply with the review board’s recommendations. The resolution was added to the agenda about an hour before the meeting started. Members of the task force mentioned in the resolution are: Marcia Higgins (Ward 4 city council), Tamara Burns (architect), Dick Mitchell (architect), Bill Kinley (construction contractor), Norm Tyler (architect), Kirk Westphal (planning commission chair), and Doug Kelbaugh (University of Michigan professor of architecture and urban planning).

Under the proposed moratorium, a controversial project at 413 E. Huron would not be allowed to move forward, because its site plan did not receive a recommendation of approval from the city’s planning commission. However, the wording of the resolution provides for exemptions for site plans that have already received the planning commission’s recommendation of approval.

Specifically, the wording in the resolution means that the moratorium would not apply to the 624 Church St. project, which received a recommendation of approval from the city planning commission on Jan. 15, 2013. That project is expected to be considered by the city council at its March 4 meeting. The 14-story 624 Church St. project would offer 75 apartments with a total of about 175 bedrooms. Local attorney Scott Munzel, who represents the developer of the project, attended the council’s Sunday night caucus to get clarification on that point.

The moratorium also would not impact Kerrytown Place, a proposed development on North Main – the site of the former Greek Orthodox church – because it’s not in a D1-zoned area. It’s currently in a PUD area, but would meet D2 (interface) zoning requirements. Kerrytown Place consists of three 3-4 story buildings with a total of 19 units. The project was evaluated by the city’s design review board on Feb. 20.

Architect Norm Tyler attended the Feb. 19 meeting but did not address the council.

But based on the wording in the resolution, the moratorium would apply to the 413 E. Huron project, which recently failed to gain a recommendation of approval from the city planning commission, and could be on a city council agenda as early as mid-March. That project is located on a site zoned D1, the highest density allowed in the city. It would be a 14-story, 271,855-square-foot apartment building with 533 bedrooms, marketed primarily to university students.

But even without a planning commission recommendation, a developer ordinarily has the option of bringing a site plan proposal to the city council for consideration, which the 413 E. Huron developer intends to do. The developer is Greenfield Partners, a Connecticut-based firm doing business here as Ann Arbor Green Property Owner LLC. The real estate development firm Carter – based in Atlanta, Georgia – is a lead partner in the project.

The council’s resolution, if enacted, also would direct the planning commission to use part of the period of the moratorium to review recently approved and recommended site plans in the D1-zoned areas. The point of the review would be to determine if zoning standards provide appropriate guidance on form and use, and if the zoning conforms to the city’s master plan, downtown plan and character district overlays. The resolution states that the planning commission is to complete its work by June 4 (its first meeting in June) and the council is supposed to take any action by Aug. 19 (its second meeting in August).

The memo accompanying the resolution notes that an initial review of the relatively new A2D2 zoning, enacted in 2009, was supposed to take place after one year. But in that first year no projects had been proposed – because of the economic downturn. Since then, however, the memo points to four projects that have been proposed in D1 areas: Zaragon West (built), The Varsity (under construction), 624 Church St. (proposed) and 413 E. Huron (proposed).

Feb. 19 was the first council meeting after the city planning commission took action on the site plan for 413 E. Huron. The determination of the planning staff was that the project met the D1 zoning requirements, which in that part of the city includes a height limit of 150 feet. However, the outcome of the planning commission’s vote on Feb. 4, 2013 was not a recommendation for approval, because the 5-3 tally in favor did not give the project the required six-vote majority.

The planning commission vote came after long and harsh criticism during the public hearing on the 413 E. Huron site plan – at the two meetings when the planning commission deliberated on the proposal. Some residents called for a rezoning of the parcel, saying it was inappropriate for that area. The D1 zoning had been part of the A2D2 rezoning package for the downtown, which the council approved at its Nov. 16, 2009 meeting.

The resolution to establish a moratorium was brought forward by Ward 1 councilmember Sabra Briere and was co-sponsored by Stephen Kunselman (Ward 3). Briere sits on the city planning commission as the council’s representative, and voted as a planning commissioner against the 413 E. Huron project. Joining her in that three-vote dissent were commissioners Wendy Woods and Ken Clein.

The council’s dilemma with respect to 413 E. Huron relates to the parcel’s zoning, which many residents contend was inappropriately zoned as D1. Opponents of the project argue that the site should have been zoned D2 (interface), in order to provide a buffer between densely developed areas and neighboring residential areas.

Last year, on April 16, 2012, the city council was asked to contemplate the reverse scenario, when a developer asked for conditional rezoning of a parcel at 1320 S. University – to change its 2009 designation of D2 to D1. The requested D1 zoning would have allowed for a much denser project, which would have exceeded the 60-foot D2 height limit by 85 feet. The council rejected that request. On that occasion, Christopher Taylor (Ward 3) argued that the community conversation about the South University area – which had led to the D2 designation – had been significant and warranted the council’s respect.

Moratorium: Public Commentary

Peter Nagourney told the council he supported the resolution to review conformance of site plans with zoning and the rest of the city’s planning documents. He told the council that his interest in the topic went back to his participation in the citizens committee that had worked on the design guidelines as part of the Ann Arbor Discovering Downtown (A2D2) process. He was speaking on behalf of eight different neighborhood organizations, he said. In the downtown area, he said, except for properties that are bounded by University of Michigan properties, all parcels zoned D1 step down to D2 zoning before they meet residential areas. That principle is true except for two blocks on the north side of Huron Street, he said. It had been originally zoned D2, but he said that “at the last minute” it had been changed to D1.

Sketch of “worst-case scenario” created four years ago in March 2009 during the debate on A2D2 zoning.

When the D1 zoning was proposed for that part of East Huron, neighbors who live on North Division Street had sketched out the worst possible potential impact of the zoning – which did not comply with any of the city’s planning documents, and which require step-down buffers to adjacent residential areas. [Chronicle coverage from March 24, 2009 – "A2D2 Zoning in the Home Stretch" – included the same sketch Nagourney showed the council on Feb. 19, almost four years later.]

The unanimously adopted design guidelines were intended to help developers in the city generate new projects that conform to appropriate design and planning documents, Nagourney said – including character overlay districts and historic district guidelines. The original goal was to have design guidelines integrated into the city zoning ordinances, and to evaluate the zoning and design guidelines to determine how well they had met their goals.

Nagourney told the council that the 2009 sketch of the worst possible potential impact of D1 zoning turns out to be conservative – because the 413 E. Huron project has been designed to occupy every square inch of the parcel. The proposed building has no step-down to the adjacent residential area, and casts the historic district to the north in shadow much of the year, while threatening landmark trees that predate the city’s founding. In addition, he continued, as it’s now written the inappropriate zoning will allow a 180-foot tall building to be constructed on the lot adjacent to city hall (to the east) with no setbacks or buffer.

If Ann Arbor’s legal or financial records were threatened by an oversight in security or procedures, the city would act as quickly as possible to close that loophole, he said. Today, he contended, the city’s zoning code has a loophole in the A2D2 process – but in this case, the consequence is not a temporary loss of data, but a permanent alteration of the city’s character. The council should act now to stop and review these problems while it can, and preserve the character districts and historic districts that were intended to create a city to serve multiple generations over many years.

Steve Kaplan told the council that he was a lifelong resident of Ann Arbor – born here, bred here, educated here, and now he works here. He works for a company that has been here for 50 years, he said. As an independent small business person, he continued, he welcomed density and development in most cases – because it helps his business. It helps the bottom line. However, in certain specific cases, he felt that it might do more harm than good.

Kaplan said he’d participated in many of the meetings that were held as part of the A2D2 process, and in this one particular area, on the north side of East Huron, he recalled it being a tricky part of the equation. He said he was not alone in being surprised that the proposed zoning had been changed at the “11th hour” from D2 to D1 zoning. He characterized a decision as possibly being driven by the “loud threatening calls of a few people” with specific interests. As the city contemplates reviewing the process as it should have done a year ago, Kaplan said, he worried that the same loud and specific calls of the few would outweigh the benefits and the needs of the many. So he asked the council to remember that as they deliberated on the issue. He cautioned the council to be very careful before they took permanent steps.

Jeffrey Crockett introduced himself as a resident of East Kingsley. He told the council that several landmark trees in the Old Fourth Ward historic district were being threatened by the current D1/D2 zoning law on the north side of Huron. He described two bur oaks with 40- and 50-inch diameters, as well as a hickory tree with a 24-inch diameter. The estimated age of the larger oak tree, he said, is about 250 years. He read aloud a substantial portion of a letter from Christopher Graham, a landscape architect who previously served on the planning commission and is currently chair of the natural features committee on the environmental commission. Graham’s letter states in part:

It is area of the grove of trees under which Indians camped and managed the landscape into a spectacular, open, old tree canopied setting. A few of those old trees still exist, and the one immediately nearby may be one of them. … is counter to the grain of the spirit and work and intent of all those who have so carefully crafted our historic districts, including this most special one, the one that is original Ann Arbor, the one named for a grove of trees and a couple of founders wives’ first names. [.pdf of Graham's letter] [.pdf of a second letter from Graham]

Crockett described the mitigation provided by the zoning ordinance for damage to trees as inadequate. Replacement of a landmark tree with smaller substitute trees, he said, is designed for the benefit and convenience of the developer. That can’t compensate the community for the loss of a 250-year-old tree that inspired the name of Ann Arbor. He pointed out that the historic district ordinance for the city does protect landmark trees.

He quoted section 5:138 of the zoning ordinance, which reads “no approval of any plan, plat or division pursuant to this chapter shall be construed as authorizing any improvement or action not in compliance with all – not some – provisions of this code.” He called on the council to ensure the protection of landmark trees by ensuring that the historic district ordinance is upheld, which he said allows for protection of landmark trees. He described how the construction of the proposed 413 E. Huron could impact the nearby oak tree’s critical root zone and told the council that it might not happen immediately but within five years, the tree would be dead.

When the developers of tall buildings have cashed out their investment and left town, Crockett continued, it will be Ann Arbor’s citizens and their children and grandchildren who will be left to wonder why we didn’t do more to save the landmark trees in “tree town.” He urged the council to vote for the moratorium.

Attorney Susan Friedlaender introduced herself as a representative of the owner of the 413 E. Huron property. She began by quoting the political philosopher Jeremy Bentham:

With respect to property, security consists in no shock or derangement being given to the expectation which has been founded on the laws, of enjoying a certain portion of good. The legislator owes the greatest respect to these expectations to which he has given birth: when he does not interfere with them, he does all that is essential to the happiness of society; when he injures them, he always produces a proportionate sum of evil.

The result of the A2D2 zoning process, Friedlaender said, gave birth to the reasonable expectation that those new zoning laws would have some measure of stability. The city knew, or should have known, that the new laws would encourage significant investment in Ann Arbor. The council had drafted those laws specifically to encourage that investment, she said, observing: “Well, it came.” Her clients had reasonable expectation, she continued, that if investment was made in the city, that the rug would not be pulled out from under them. She noted that her clients had constitutionally protected property rights, which the moratorium was designed to take away. The last-minute addition of an appeal procedure, she said, would be completely futile – because if the council were to grant that appeal, it would destroy the whole purpose of the moratorium. She urged the council to vote against the resolution, which she characterized as “ill-advised.” It’s difficult and dangerous to try to legislate taste, she said.

Carl Hueter began with an allusion to the fact that his name had been rendered as “Carol” on the meeting agenda, joking that it’d been the first time he’d undergone a gender change. He told the council that he had been born in Ann Arbor sometime in the middle of the last half century, and he’s been a practicing architect in the city for the last 40 years. He had seen a great deal of change in his 60 years of life in the city, he continued.

Hueter described the site plan approval in the 1970s and 1980s as a relatively easy and uncontentious affair. But moving into the 1990s, more and more neighborhood groups got involved in the site plan approval process. More and more requirements were placed on the site plans, he said. It became harder and more difficult and more financially challenging to develop site plans in the city of Ann Arbor. As we moved through the 1990s and into the early 2000s, he continued, there were some very contentious projects. As an offshoot of that, the A2D2 process was established. The hope was that by re-looking at the city’s zoning ordinances, citizens would have a fair and adequate way to participate, and also to allow developers to see a clear path – if they followed through the course of the zoning ordinance, it would give them some certainty that they would receive approval.

The moratorium resolution the council is considering, Hueter said, was a “thinly veiled attempt to deny one specific project its due process.” He allowed that the D1/D2 zoning ordinance needs to be re-evaluated – and it was written into the code that it needed to be reviewed within a year after being enacted. But there were not a sufficient number of projects brought forward in that first year on which to base such a review, he said. And so far seven such projects have been proposed, he said. He described the opposition to the project as a “very well-organized minority of a small neighborhood in the city who have failed technically to deny the project moving forward.” So now the group is acting politically, he said.

Hueter allowed that the zoning needs to be reviewed, but asked the council not to deny this specific development – which was proposed by developers, who months ago had entered into a process with the trust that they would receive due process, review and consideration of their project.

Assistant city attorney Kevin McDonald touches base with Ward 2 councilmembers Sally Petersen and Jane Lumm.

Pat Lennon introduced himself as an attorney with the Honigman law firm, representing the developer of 413 E. Huron. He’s chairperson of Honigman’s land use and zoning group, and is also a chairperson of the West Michigan Program’s committee of the Urban Land Institute – so he has an opportunity to review a lot of zoning and land use matters. He said he had the pleasure of appearing before bodies like the Ann Arbor city council all over the state. He was there because he and his client felt that it was “a pretty extreme situation.” In his view, his client had been put in an unprecedented situation. He was there to urge the council to vote down the moratorium. If the motion were to pass, then his client would be reviewing his legal rights and protecting his legal position, Lennon said. “Our client was stunned to learn about this proposed moratorium,” he told the council.

The proposal came virtually on the eve, he said, of his client’s opportunity to have his project considered by the city council. In addition to the issues raised by Friedlaender, he saw additional legal questions that a moratorium would raise. Based on the circumstances, the moratorium appears to be directed at one applicant and one project – his client’s. If that’s not in fact the case, he said, he would urge the city council to exempt pending applications from the moratorium.

Second, he questioned the circumstances under which the matter has been put before the council. There had been no mention of a moratorium before his clients started the application process, which had already been going on for months. No review had been mentioned previously for the D1 category. “We are understandably frustrated by this turn of events,” he told the council. His client would review whether the moratorium followed the proper path on its way to counsel, and he will be ensuring that his client’s rights had not been violated along the way.

Finally, Lennon said, the timing of the moratorium is dubious. A measure that’s as impactful and far-reaching as the one the council is considering had come up with short notice and apparently little discussion before it came before the council. It appeared to him that the moratorium and the potential changes to the ordinance can be seen as a last effort to avoid making a final decision on his clients “by right” project. In his view, any such use of the moratorium process would be improper, and if it were put in place, it would entitle his clients to their legal rights. Putting aside the question of legal rights, he said, he asked the council to consider what is best for the city of Ann Arbor. Imposing such a moratorium in this manner at this time, he told the council, would be to discard the A2D2 process, and would override the city’s interest in developing its tax base and the redevelopment of the downtown core areas.

Stuart Gordon introduced himself as a member of the committee for the ice rink next to the downtown library. A moratorium, he told the council, would give the ice rink initiative the chance to flower and grow. It could possibly show the alternatives that might be explored with city-owned properties. He told the council that there is continuing community support for the ice rink and that businesses in the downtown area were continuing to come on board with the project. Similar projects were being undertaken in several cities in Michigan, he told the council. The committee would be soon generating a short report and financial analysis. He asked the council to guide the Ann Arbor DDA to sit down with the ice rink committee and to take it seriously.

During public commentary at the conclusion of the meeting, Alan Haber also spoke in support of establishing an ice rink on top of the Library Lane parking structure, next to the library.

Doug Kelbaugh, professor of architecture and urban planning at the University Michigan, told the council that he was a long-term and outspoken proponent of greater density downtown. He was addressing the city council in that context. The zoning code is very clear about its intent to have a buffer, or an interface zone, between D1 and residential zones – in order to avoid an abrupt, rude, and awkward adjacency. “It’s just plain good zoning,” he said.

Ann Arbor zoning. Darker red areas are zoned D1. Lighter brownish areas are zoned D2. A more limited core area is outlined in white, reflecting a suggestion by University of Michigan professor of architecture and urban planning Doug Kelbaugh.

There usually is such a transition, Kelbaugh continued, as D2 zoning or the university campus abuts D1 areas. The one major exception, he noted, had already been discussed that night – the north side of East Huron Street. It’s a troubling exception, he said, and a glaring one. He told the council that he wanted to focus on the edges of downtown.

Ann Arbor has an opportunity to have a well-defined downtown core, with crisp edges, rather than the usual loose checkerboard of most American downtowns, Kelbaugh told the council. If the D1 zone were limited to the “true inner core,” it would lend a distinctive character to the city’s center. He suggested specifically that the city institute a moratorium to reconsider the extent of the D1 zone. Personally and professionally, he said, he felt the city should consider containing the 180-foot high area within Maynard and William at one corner, and Ashley or First at Huron at the other corner. That would make for a very “legible core,” with existing and new tall buildings limited to the inside of it.

The existing code would allow for a 180-foot tall building right across the street from Hill Auditorium, across from the Ann Arbor Hands-on Museum, and right next to Nickels Arcade. That’s a pretty abrupt transition, he said. Instead of that, he said, the core area could be limited to 17 square blocks. That would allow the shaping of the city as a compact 24/7 core with more permanent residents of all ages, ethnicities, classes, income groups, and household sizes. That cluster would decrease the ecological footprint of the city, and add downtown vitality to attract the next generation of knowledge workers, who seem to want urban lifestyles, he said. Kelbaugh concluded by calling for surrounding the core completely with an interface to reinforce legibility and the normal build-up from leafy neighborhoods to vibrant downtowns.

Moratorium: Council Deliberations

The council held a closed session under the Michigan Open Meetings Act exemption that allows for material exempt from discussion or disclosure by state or federal statute, which presumably was attorney work product in connection with anticipated litigation in the event a moratorium was imposed.

Subsequent council deliberations were scant. Sabra Briere (Ward 1) moved for postponement based on the desire of Marcia Higgins (Ward 4) to be part of the deliberations. [Higgins was not able to attend the meeting due to a professional commitment.] Deliberations on a separate resolution, to reconvene the design guidelines task force, were similarly brief.

Outcome on moratorium: The council voted unanimously to postpone consideration of the moratorium until March 4, 2013.

Outcome on reconvening design guidelines task force: The council voted unanimously to postpone consideration of the resolution to reconvene the design guidelines task force until March 4, 2013.

City Apartments Parking Deck

The council was asked to approve a step necessary for the Ann Arbor Downtown Development Authority to satisfy its commitment to support the construction of the parking deck within Village Green’s City Apartments project. The residential project is currently under construction at the southeast corner of First and Washington.

The step the council was asked to take was to create a project budget for the proceeds of bonds sold by the city on Jan. 22, 2013 – $8,666,075 total, of which $4,079,743 were taxable and $4,586,332 were non-taxable. The authorization to issue the bonds had come at the council’s Oct. 4, 2010 meeting.

The DDA is committed to covering payments on the roughly $9 million of bonds to support construction of the bottom two floors of the building – which will hold about 240 parking spaces. Of those, 95 will be available for public use. The remainder of the spaces will be used by residents of the 146-unit project, when construction is completed. Before then, the deck will be handed over to the city and the DDA after a certificate of occupancy for the parking deck is received.

City Apartments project under construction in early February at First and Washington.

As of early February, the construction was on a pace that would result in a certificate of occupancy for the parking deck by March 15. The construction of the entire building is expected to be complete by the end of the summer.

City Apartments Parking Deck: Council Deliberations

Stephen Kunselman (Ward 3) wanted to know if the bonds would show up on the DDA’s annual TIF (tax increment finance) report as part of the DDA’s indebtedness. CFO Tom Crawford indicated that the city issues the debt and the DDA repays the city. So it won’t show on the DDA’s books as debt. It’ll show up as a commitment to repay.

Outcome: The council voted unanimously to establish the project budget.

Open Space Millage (Greenbelt) Issues

The council had two items on its Feb. 19 agenda related to spending proceeds from the city’s open space and parkland preservation millage.

For one of the items, the council was asked to approve applying for federal matching funds to help acquire development rights on two pieces of farmland outside the city. For another item, the council was asked to authorize the purchase of a parcel inside the city near the Bluffs Nature Area.

Open Space Millage: Farmland

For the two parcels outside the city, council was asked to approve applications for matching federal funds to purchase development rights – for the 72-acre Donald Drake Farm on Waters Road in Lodi Township, and for a 100-acre property owned by Carol Schumacher on Pleasant Lake Road in Lodi Township. The federal match is only up to $5,000 per acre.

At its Oct. 15, 2012 meeting, the council had given approval for the acquisition of development rights for the southern part of the Drake farm. On that occasion, the requested expenditure from millage funds amounted to $483,450. Of that amount, $23,867 went to cover costs related to closing, due diligence and a contribution to the greenbelt endowment. The total purchase price of the land was $549,478, with the city of Ann Arbor’s share supplemented by $109,895 from Washtenaw County parks & recreation and $1,000 from Lodi Township.

What the council approved on Feb. 19 for the Drake Farm was an application to the USDA Farm and Ranch Land Protection Program (FRPP) for matching funds to acquire development rights to the northern part of the farm. When the city failed to win an FRPP award for the farm as a whole last year, it divided the property – because the northern part is very suitable for agricultural production, and the city felt its chances were very good for winning an FRPP grant for just that portion of the farm. The Drake property had been mentioned recently at the Feb. 7, 2013 meeting of the city’s greenbelt advisory commission.

If the city wins the FRPP matching grants, the item will likely come before the city council in June.

Outcome: Without discussion, the council approved the FRPP grant applications.

Open Space Millage: Adjoining Bluffs Parcel

Inside the city, the council was asked to approve the $115,000 purchase of a roughly 0.357-acre piece of vacant land located at 1240 Orkney, with a current SEV (state equalized value) of $49,200. [SEV is based on 50% of market value.]

Map showing a parcel on Orkney proposed for acquisition by the city – the narrow parcel that’s highlighted in yellow.

The parcel is located immediately adjacent to the Bluffs Nature Area – in the north part of the city, near the confluence of North Main, M-14 and Huron River Drive. The parcel is intended to provide an additional access point to the nature area, from the west.

The total proposed appropriation of $128,000 in open space millage funds for purchasing the Orkney parcel included $3,000 in closing costs and $10,000 in due diligence. An environmental assessment would be done before the closing.

The proposed Orkney parcel acquisition is similar to one made last year for a parcel on Hampstead Lane immediately adjacent to the Kuebler Langford Nature Area. Like the Bluffs, Kuebler Langford is located in the northern part of the city. [.jpg of area showing cluster of nature areas in the city's north side] [.jpg image of map showing city-acquired parcel adjoining Kuebler Langford Nature Area]

The roughly 0.91-acre Hampstead Lane parcel was determined to have a fair market value of $110,000, with an additional $13,000 accounted for through closing costs and due diligence. The council authorized the acquisition of the Hampstead Lane parcel at its Oct. 15, 2012 meeting.

Open Space Millage: Adjoining Bluffs – Council Deliberations

Stephen Kunselman (Ward 3) objected to the purchase price, saying he didn’t think the assessment factored in the roughly $40,000 in utility connection charges that would apply to the parcel as developable land. If those charges were added in, Kunselman said, the total cost of the land would work out to $155,000 – which he did not believe reflected an amount a buyer would be willing to pay. So he thought the $115,000 purchase price was too high. [The council had debated the utility connection charges just recently, at its Jan. 22, 2013 meeting.]

Kunselman felt that the property was simply too expensive to acquire just to provide additional access. He wouldn’t support the city’s purchase of the property unless it came down in price to accommodate the utility improvement charges. Sally Petersen (Ward 2) asked if the park advisory commission’s land acquisition committee had looked at it. Mike Anglin (Ward 5), who serves as one of two city council liaisons to PAC, indicated that it had, in fact, been considered.

With respect to better access to the area, mayor John Hieftje said his concern is that access to the Bluffs Nature Area through the parcel wouldn’t be used except by people in that neighborhood. Sumedh Bahl, the city’s community services area administrator, confirmed that there’s no parking available, and that visitors to the nature area who’d get access through the parcel would need to park along the street.

Left to right: Stephen Kunselman (Ward 3) and local attorney Scott Munzel.

Jane Lumm (Ward 2) noted that entrances already exist on three sides of the area, and some citizens have questioned the need for a fourth one – especially given the high cost. She asked Bahl to help her work through the rationale. Lumm said she’d heard from neighbors that they hadn’t been notified about the pending purchase. She felt that notification of neighbors would have been a normal step. Bahl told Lumm that the city doesn’t normally notify neighbors about pending land acquisition. [Land acquisition is a topic that can be discussed in closed session under Michigan's Open Meetings Act.]

Sabra Briere (Ward 1) said she remembered when the city was looking for ways to access the Bluffs other than from the Main Street side, the Orkney lot was identified, because it’s been used as informal access for years. She said that $115,000 is comparable in price to other unimproved lots in the area. The price itself didn’t bother her, but she found herself thinking about how useful it really is to have a small entrance to the nature area from a limited neighborhood. She wanted to understand why this is value. She described getting to the Bluffs Nature Area as “difficult and obscure.” But the city’s ownership of this parcel doesn’t help that, she felt. Why did PAC’s land acquisition committee feel the city ought to acquire this parcel as an entrance? Bahl indicated he had not been a part of all of LAC’s discussion, but that having access from all sides of the area had been a long-time goal.

Margie Teall (Ward 4) inquired if there’s a possibility of using the parcel as a parking area. Bahl said that could be considered. Teall ventured that she’d like to see the matter postponed.

Kunselman reiterated his objection based on the cost, and asked that the council be provided a copy of the appraisal. Hieftje indicated his view that a professional appraiser would have factored in the cost of utility connections. He went on to say that he was familiar with the neighborhood, and ventured that the value of property was legitimately high.

Outcome: The council voted unanimously to postpone the vote on the Orkney property until March 4.

Plymouth Retail Zoning

The council was asked to give initial approval for the rezoning of land that would allow a proposed retail development at 3600 Plymouth Road, just west of US-23.

The change would rezone the parcel from R5 (motel-hotel district) to C3 (fringe commercial district). That followed a recommendation of approval given at the Jan. 15, 2013 meeting of the Ann Arbor planning commission. The project – called The Shoppes at 3600 – had been postponed by the commission on Nov. 7, 2012.

Aerial view of a proposed retail development on Plymouth Road west of US-23 – The Shoppes at 3600. The site is in the complex where the Holiday Inn North Campus is located, visible on the right side of this image.

But on Jan. 15, commissioners recommended that the city council approve the project’s zoning, as well as the original site plan. At its Feb. 19 meeting, the city council did not have the site plan on its agenda – only the rezoning request.

The site is located in the same complex as the Holiday Inn North Campus. Responding to some commissioner concerns voiced at the November 2012 meeting, the developer had provided planning commissioners an alternative site plan that they reviewed on Jan. 15. But the developer sought approval for the original layout. The owner is listed as Ann Arbor Farms Hotel Corp., with property being developed by Diverse Development in Holland, Ohio.

The developer hopes to build 9,490-square foot, one-story retail building, to be constructed in what’s now the parking lot and front yard for the hotel, at an estimated cost of $1 million. The building would have space for several businesses, including a restaurant with a one-lane drive-through window and outdoor seating. An existing shared driveway off of Plymouth Road would be used to access the site. The original site plan calls for 33 parking spots and four covered bike parking spots near the entrance.

The planning commission’s recommendation of site plan approval was contingent on four conditions: (1) approval of a land division, to divide off a 1.15 acre parcel from the parking lot and front yard of the 10.85-acre hotel site where the Holiday Inn North Campus is located; (2) approval of an administrative amendment to the parent site plan to change the parking for the hotel, because some spaces will be removed to allow for the new building; (3) recording an ingress/egress easement along the existing drive from Plymouth Road, so that a new curb cut would not be needed; and (4) recording stormwater and cross-parking easements between the hotel and the new building.

The site plan will be considered by the council at a later date.

Plymouth Retail Zoning: Council Deliberations

Sally Petersen (Ward 2) asked about the turning pattern within the combined parking lot contiguous with the development, saying she was worried about how the new development would impact congestion within the parking lot. City planning manager Wendy Rampson told Petersen that the city doesn’t have standards related to interior drives, but when the city reviews site plans, the planning staff looks for continuity, pedestrian connections and the like. The city’s traffic engineer had taken a look at the traffic study. The petitioner had proposed adding signs, so that as someone exits the small shopping center, if a motorist wanted to go westbound on Plymouth, the sign would indicate that motorists should head toward Green Road – northbound Green could be used to turn left onto westbound Plymouth.

Left to right: Ward 2 councilmembers Sally Petersen and Jane Lumm.

Jane Lumm (Ward 2) asked about possible congestion at Green and Plymouth roads. Rampson replied that the traffic study indicated an additional four-second delay associated with the new retail development and that congestion would be limited. Lumm confirmed with Rampson that the city’s SCOOT (Split Cycle Offset Optimisation Technique) traffic signal system can adjust to help traffic flow. Rampson indicated that if you wanted to eliminate congestion at the intersection entirely, it would be necessary to add turn lanes.

Stephen Kunselman (Ward 3) confirmed with Rampson that there’s a drive-through lane that goes behind the buildings. Given the parking in front of the buildings, Kunselman wanted to know where deliveries would take place. Rampson reported that deliveries would be made by small panel trucks, and they’d arrive early in the morning, and would park in the parking lot.

Kunselman felt the development seemed “very constrained.” It looked very difficult, he said. Rampson replied that the planning commission had similar concerns, and had asked for an alternate site plan that rotated the stores so that they fronted on the freeway ramp. A number of problems arose with that alternative, she said. In the end, based on the developer’s concern, the proposal that’s moving forward is the original one.

Responding to a question from Kunselman, Rampson explained that if the council approves the rezoning, then the owner would create a separate parcel within the lot. Kunselman concluded that the owner could come up with an alternate configuration. So he stated he would not support the rezoning.

Petersen asked about a berm that exists now. Rampson explained that it would be regraded for the proposed development. Rampson explained that there would be a net loss of parking in that area.

Outcome: The council gave initial approval to the rezoning. Voting against the rezoning on the initial vote was Stephen Kunselman (Ward 3). The rezoning will require a second and final vote by the council to be enacted.

Ann Arbor Hills Zoning Tweak

The council was asked to give final approval to the rezoning of six parcels in the northeast Ann Arbor Hills neighborhood.

The sites were rezoned from R1B to R1C. Both are types of single-family dwelling districts. The locations are 2014 Geddes Ave.; 2024 Geddes Ave.; 520 Onondaga St.; 2025 Seneca Ave.; 2023 Seneca Ave.; and 2019 Seneca Ave. [.jpg aerial view of parcels] These are six parcels in a block of 10 sites – the other four sites are already zoned R1C.

The rezoning would potentially allow three of the parcels – each lot size currently about 17,500 square feet – to be divided in the future, if other city code requirements are met.

Initial approval had been given by the council on Jan. 22, 2013. Prior to that, the city’s planning commission had recommended the rezoning at its Nov. 20, 2012 meeting. The planning commission had considered the item after the city council directed the planning staff to study the issue of rezoning the parcels. That direction came at the council’s Sept. 17, 2012 meeting.

According to a staff memo, the direction on the rezoning came from city council at the request of property owners: Raymond Maturo and Ann Mulhern; Joseph and Suzanne Upton; Rishindra and Gwendolyn Reddy; Shahrzad Vazirzadeh and Chad Patterson; Vassilios Lambropoulos and Artemis Leontis; and the Clan Crawford Jr. Trust.

R1B zoning requires a minimum lot size of 10,000 square feet and a minimum lot width of 70 feet. Three of the parcels don’t conform with that zoning. Under the new R1C zoning, all parcels conform with required lot size and width.

Ann Arbor Hills Zoning: Public Hearing

Thomas Partridge introduced himself as a recent candidate for the Michigan state senate and house of representatives, and an advocate for the most vulnerable residents. He asked that the council reconsider the rezoning proposal and amend it – along with all other similar rezoning or annexation proposals – to require that for every acre of land that gains rezoning approval, if it enhances the property value of the lot, then an equal amount of land be dedicated to affordable housing.

Outcome: Without further discussion, the council unanimously approved the rezoning request.

721 N. Main Building: $30K Study

The council was asked to authorize $30,000 for a physical study of the building at the city-owed 721 N. Main property. The money is to be drawn from the city’s general fund balance.

A task force established by the city council on May 7, 2012 has been working to develop recommendations for a much broader area than 721 N. Main, including the North Main corridor and extending to the Huron River. The task force is supposed to provide recommendations for the area by July 31, 2013.

A map showing recommendations for the city-owned property at 721 N. Main St.

But the task force has been asked to provide recommendations on the 721 N. Main property even earlier than that – because of application deadlines for grants that the city is interested in seeking. The two grants would be from the Michigan Natural Resources Trust Fund, which has an early April deadline, and the Connecting Communities grant from the Washtenaw County parks & recreation commission. The city’s $300,000 proposal to Connecting Communities – for trails to be constructed through the 721 N. Main property – was mentioned at the Feb. 12, 2013 meeting of the county’s parks & recreation commission. The Connecting Communities application had a deadline in December 2012, which the city met.

The task force submitted its initial recommendation on the 721 N. Main property to the city council in December, and based on that, the council approved making the two grant applications at its Dec. 17, 2012 meeting.

And at the council’s Jan. 7, 2013 meeting, two members of the North Main and Huron River Corridor task force – David Santacroce and Darren McKinnon – gave a presentation to the council summarizing the group’s work to date. The task force recommendations were divided into the floodway portion and the non-floodway portion of the site. For the floodway portion, there was not a lot to decide – because a city council resolution from Aug. 15, 2005 calls for the floodway area of the 721 N. Main site to be included within a planned Allen Creek greenway.

For the roughly 2.5 acre non-floodway portion, the task force is recommending that it be developed to include non-motorized paths to connect from Felch Street to North Main and West Summit streets.

Santacroce and McKinnon told the council during their January presentation that the task force thought the main building had potential for reuse, but that it would need about $30,000 of physical testing to make that determination. It was that $30,000 of testing that the council was asked to authorize at its Feb. 19 meeting. The physical testing is supposed to be completed by May 31, which gives the task force two months of lead time before their final recommendations are due.

At the council’s Jan. 7 meeting, Jane Lumm (Ward 2) had expressed a lack of enthusiasm for salvaging the building.

The city is undertaking similar physical testing on buildings that stand on another potential city-owned greenway property, at 415 W. Washington. At the council’s Dec. 17, 2012 meeting, an additional $32,583 for the study of 415 W. Washington property was allocated. The council had previously authorized $50,000 for physical testing of the property. That vote had come at the council’s July 16, 2012 meeting.

The 415 W. Washington property, with its three buildings, was previously used by the city as a vehicle maintenance facility, before the construction of the Wheeler Service Center south of town on Stone School Road.

721 N. Main: Council Deliberations

Sabra Briere (Ward 1) noted that the property at 721 N. Main was previously part of the city maintenance yard, where trucks would pull in and out. There’s no way to know what it might cost to refurbish the building there, Briere said. But it’s known that there’s asbestos. Later, mayor John Hieftje added that the asbestos is visible. Briere reported that the task force believes that before demolishing the building, it’s worth exploring what it would cost to make the building usable again. Briere indicated it’s similar to the approach the city is taking at 415 W. Washington.

Hieftje said he appreciated the work done by the task force. He’d toured the building and described it as not fit for habitation. Mike Anglin (Ward 5) thanked Briere for her leadership on the topic. He described the work as reflective of a long-term desire on the part of the community to see the property become a greenway.

Outcome: The council voted unanimously to approve the $30,000 allocation for the physical testing of the building at 721 N. Main.

Former Near North Demolition

The council was asked to receive formally an additional $96,000 through federal Community Development Block Grant (CDBG) allocations, which the city will put toward demolishing six houses on North Main Street.

The houses are on the site of the former Near North affordable housing project. That project, on which the nonprofit Avalon Housing had partnered, ultimately did not go forward. The city must complete the demolition by March 15, 2013.

The additional $96,000 can only be used for the demolition of structures at 700-724 N. Main.

Council deliberations were brief. Sabra Briere (Ward 1) said she felt that many in the neighborhood were eager to see the demolition occur. She thanked the staff for an innovative solution to pay for it. Mayor John Hieftje added that he had been pushing to get those houses down for a long time, but he didn’t feel as bad about the wait, now that the grant has been received. It would preserve some of the city’s funds that were reserved for the specific purpose of demolishing nuisance properties.

Outcome: The council unanimously approved the receipt of the additional $96,000 in grant funding.

Sustainability Framework

The council was asked to adopt a sustainability framework that had previously been adopted by the city planning commission, making it a part of the city’s master plan. The planning commission had taken action at its Jan. 3, 2013 meeting. The vote by the planning commissioners was unanimous.

The item had originally been on the planning commission’s Dec. 4, 2012 agenda. Action was postponed at that time, after some commissioners raised concerns regarding a goal for high-performance buildings.

The city has been developing this framework for nearly two years. In June of 2012, the planning commission had recommended approval of the 16 overarching sustainability goals, which are organized into four categories: resource management; land use and access; climate and energy; and community. In September, commissioners voted to disseminate the framework to neighboring jurisdictions, which was a necessary step on the path toward including it in the city’s master plan.

Additional background on the Ann Arbor sustainability initiative is on the city’s website. See also Chronicle coverage: “Building a Sustainable Ann Arbor,” “Sustaining Ann Arbor’s Environmental Quality,” “Land Use, Transit Factor Into Sustainability,” and “Final Forum: What Sustains Community?”

The sustainability framework is the seventh element of the city’s master plan. Other elements are: (1) land use; (2) downtown plan; (3) transportation plan; (4) non-motorized plan; (5) parks and recreation open space (PROS) plan; and (6) natural features master plan.

Sustainability Framework: Public Hearing

Thomas Partridge called on the council to redefine environmentalism and sustainability and told them the top priority has to be ending homelessness. He called for socially integrated housing.

When no one else rose to speak during the public hearing, Alan Haber came out of the audience to say that he felt more than one person should speak at a public hearing on a topic this important. He said he was glad the proposal was coming forward – especially in the context of climate change. He called “sustainable development” a bit of an oxymoron, saying that development has to be done in such a way that does not increase the land value so much that the people who live and work here now can’t continue to live and work here. Things have to remain “inviting” to those who are here already, he said. He also called for a gathering place in the center of town, which he said would add to the sustainability of the city.

Sustainability Framework: Council Deliberations

Jane Lumm (Ward 2) asked about a language revision on the definition of sustainable buildings and respecting human contexts. She wanted to know if there were any other major themes that surfaced in the public hearings. Planning manager Wendy Rampson indicated that there were few comments at the public hearings, because it had been such a robust process that had led up to that point. Mayor John Hieftje clarified that a public hearing had been held, but nobody appeared from the public to speak. Rampson quipped that everyone was ready to move on to the action plan.

Lumm also confirmed that no comments had been received from adjoining communities. Rampson ventured that if other communities begin adopting similar frameworks, then it would be clear that they wanted to imitate it.

Outcome: The council voted unanimously to adopt the sustainability framework.

Clean Energy Bonds (PACE)

The council was asked to approve the issuance of bonds that will assist owners of commercial property in making improvements designed to help save energy under the city’s property assessed clean energy (PACE) program. The item had been postponed by the council on Feb. 4, 2013. That initial decision to postpone stemmed from the fact that the item had not been added to the agenda until the day of the Feb. 4 meeting.

The sale of up to $1 million in bonds will support energy improvements to be undertaken by five property owners. In broad strokes, the PACE program is enabled by state legislation – the Property Assessed Clean Energy Act 270 of 2010. Property owners take out loans to make energy improvements to be repaid through regular installments as part of their taxes. Municipalities like the city of Ann Arbor administer the program. More than a year ago, on Jan. 9, 2012, the city council set the fees for participation in the program. Prior to that, on March 7, 2011, the city set up a loan loss fund with about $430,000 granted by the U.S. Department of Energy.

Properties for which owners have applied for improvements under Ann Arbor’s PACE program include: (1) Arrowwood (2566 Arrowwood Trail) for new HVAC equipment, insulation, occupancy sensors and lighting upgrade for the clubhouse; exterior lighting upgrade to LED; and solar shingles on one apartment building; (2) Big Boy (3611 Plymouth Road) for HVAC upgrade, lighting upgrade, cooking equipment replacement with energy efficient equipment, and controls; (3) Bivouac (330-336 S. State) for interior lighting upgrade; (4) Goodyear Building (118-124 S. Main) for HVAC replacement (boilers and A/C units), and lighting upgrade; and (5) Kerrytown Market & Shoppes (403 N. Fifth Ave.) for lighting upgrades in tenant areas and common areas.

PACE: Council Deliberations

Referring to the couple of years leading up to the enabling legislation by the state, Sabra Briere (Ward 1) described the city as hopeful that PACE funding would be available for single-family homes, in addition to commercial properties. While the city waits for legislation that would make it possible for single-family homes, she was pleased that the city could offer a program for commercial properties. It’s potentially one of the most effective ways to decrease the city’s energy footprint, she said, without costing property owners an incredible amount of money to get started.

Mayor John Hieftje characterized the council’s action as another step in a very long process. He described how the window of opportunity for the city’s stop loss load fund was set to expire next month, so it was important the council act. Hieftje picked up on Briere’s point about single-family homes, attributing the problem to the fact that Fannie Mae lenders didn’t want to be second in line if there were to be a foreclosure. He pointed out that PACE does apply to multi-family housing units.

Outcome: The council unanimously approved issuing the PACE bonds.

Living Wage Ordinance Changes

Consideration of several amendments to Ann Arbor’s living wage ordinance was back on the council’s agenda, because at its Nov. 19, 2012 meeting the council had specified Feb. 19 as the date to which it would postpone consideration of the ordinance changes.

The main proposed changes to the local law – which sets a minimum wage of $12.17/hour for those employers providing health insurance and $13.57/hour for those not providing health insurance – would exempt nonprofits that receive funding from the city for human services work. The changes would mean that such nonprofits would not need to meet the minimum wage requirements.

Following the council’s Nov. 19 postponement, consideration of the changes had been referred to the city’s Housing and Human Services Advisory Board (HHSAB) for more study. [For coverage of the HHSAB's Dec. 18, 2012 meeting, see: "Human Services Group Ponders Living Wage"] The HHSAB is taking a bit longer with its recommendations in part because those recommendations will be informed by work done by a class of University of Michigan students. The class is being taught in the winter 2013 term by Ian Robinson, a lecturer in the department of sociology. Robinson attended the Dec. 18 meeting of the HHSAB, and sketched out the range of work he thought his students might be able to do to assist the board.

The current law applies to organizations that have contracts with the city for more than $10,000 in a given calendar year, and that employ five or more people (10 or more for nonprofits). The current law also provides an exemption for organizations funded from the city’s community events budget – an exemption put in place to accommodate the Ann Arbor Summer Festival’s practice of paying its temporary employees less than the living wage and the city’s desire to fund the festival at a higher level.

Among the other contemplated amendments to the living wage ordinance was an increase from $10,000 to $25,000 for the amount of a contract triggering the application of the ordinance. The timeframe would also change from a calendar year to one fiscal year. Also included in the proposed amendments was one that would allow the city administrator to grant a waiver from compliance with the ordinance, instead of requiring the approval of the city council.

At its meeting on Nov. 8, 2012, the council had granted such a waiver to the nonprofit Community Action Network, which receives funding from the city to do human services work.

Living Wage Ordinance Changes: Council Deliberations

Jane Lumm (Ward 2), who serves as one of two city council liaisons to the housing and human services advisory board (HHSAB), led off discussion on the item. [Sabra Briere (Ward 1) is the other council liaison to HHSAB.]

Lumm said there’s not a consensus on HHSAB about whether the amendments should move forward along the lines currently proposed, so she thought it should be tabled. [A tabling motion is different from a motion to postpone to a date certain. If a matter is tabled, then it can be considered at any time in the future with a motion to take up the matter off the table – but it need not be taken up again. If a matter is postponed to a date certain, then it is automatically taken up on the date specified. A motion to table, according to Robert's Rules, is properly invoked when some other matter "of immediate urgency" has arisen, so that the other matter can be handled first. A motion to take the tabled matter up off the table can then come during the same session. If it's the desire of the body to kill the matter, without voting it up or down, then the proper motion is to postpone it indefinitely. A motion to table is also not supposed to be subject to debate.]

Chuck Warpehoski (Ward 5) asked if this was a motion to postpone the matter indefinitely. City attorney Stephen Postema indicated his view that a tabling motion would have the effect of indefinite postponement.

Sabra Briere (Ward 1) noted that a matter that’s tabled has a finite period during which it can be taken up off the table, and after that it’s considered demised. Mayor John Hieftje stated the finite time period was one year. [According to the council's rules, the period specified for the demise of resolutions or for an ordinance approved at first reading is six months. The living wage ordinance before the council was being considered for its first reading.]

Stephen Kunselman (Ward 3) asked if there was an expectation that HHSAB would make some kind of recommendation – because he was interested in seeing at least a few procedural changes made to the living wage ordinance. Lumm told Kunselman that HHSAB might make some recommendations. But she ventured that the changes to the ordinance that HHSAB might eventually recommend would be a 180-degree change in direction – broadening the ordinance’s application instead of limiting it.

Lumm said she was not willing to bring to the council the kind of amendments that HHSAB is contemplating now. Anything that she would support would at least resemble the amendments that were in front of the council that night. Lumm ventured that maybe Briere would introduce a different recommendation from HHSAB – but knowing what HHSAB is contemplating, Lumm herself would not bring it forward.

Kunselman said he would hate to see it “die in committee.” He didn’t know if there’s a fire under HHSAB to make a recommendation. Kunselman expressed his view that he’d like to see a change in the ordinance so that a waiver can be given to a nonprofit organization by the city administrator, instead of requiring city council approval.

Briere told Kunselman that HHSAB was focused on the opportunity to undertake a broader study of nonprofits – those that receive funding from the city as well as those that don’t. She ventured that some members of HHSAB were concerned that the living wage ordinance should actually be the purview of the human rights commission. Briere characterized the last meeting of the HSSAB, in January, as lively and not unanimous. But she ventured that there was “gentle agreement” that the study of the effects of living wage on nonprofits was important. Briere said it should be complete by the end of April.

Kunselman, felt that any revision to the living wage ordinance should be something that’s ready to go by the time the council adopts the budget [by the second meeting in May]. He wondered if a resolution of direction to the HHSAB would help that. He stated that he’s willing to help, but said he’s not familiar with what’s going on at HHSAB.

Lumm told Kunselman that there was strong sentiment expressed by HHSAB members to study other aspects of the ordinance outside of HHSAB’s purview and more in line with the purview of the human rights commission. Lumm ventured that the majority of HHSAB members expressed some interest in revisiting the policy and requiring that the city pay a living wage to its own part-time and seasonal workers, as well as eliminating the exemption for those organizations that are funded from the community events fund [like the Summer Festival].

Outcome: The council voted unanimously to table the living wage ordinance revision.

Ann Arbor Airport Fencing

The council was asked to consider two items related to fencing at the Ann Arbor municipal airport. The first item consisted of a grant approval, which totaled $157,895. Of that amount, $150,000 is federal money, $3,947 comes from the state of Michigan, and $3,948 comes from the city airport’s operating budget.

The fencing is meant to improve safety. According to the staff memo accompanying the council’s resolution, three incursions (someone getting in a restricted area of the airfield) took place in 2012. Before those three incursions, none had taken place since 2009.

The second vote was on a $32,000 contract with URS Corp. for engineering services related to the gate and fencing project. Funding for the contract is covered in the grant that was also on the Feb. 19 council agenda. The scope of the project includes installation of two new gate locations, the replacement of two existing gates, the upgrade of an existing gate location, upgrade of existing security fencing and the installation of new security fencing in the three hangar areas of the airport.

Ann Arbor Airport Fencing: Council Deliberations

Chuck Warpehoski (Ward 5) got clarification from fleet and facilities manger Matt Kulhanek that there was no eight-vote majority needed on the items because they did not reflect a budget adjustment. Stephen Kunselman (Ward 3) asked if there was no fencing currently. Kulhanek explained that two new gates would be installed in the northeast area of the airport. Three existing gates would be replaced. Kunselman wanted to know how that would prevent incursions.

Kulhanek described on incursion where an elderly woman was heading north on State Street, looking for Costco. And instead of turning on Ellsworth, she turned onto the airport property. She drove through the northeast hangar area, followed a vehicle through another gate and ended up pulling out onto an active taxiway.

Kulhanek characterized the city’s share as 2.5% of the total project. Kulhanek confirmed that the federal money comes from fees paid on airline tickets, not general tax dollars.

About the contract for the fencing installation, Sabra Briere (Ward 1) quipped: “It’s always good to get money and spend it immediately.”

Outcome: The council’s votes on the grant and the contract related to airport fencing were unanimous.

Communications and Comment

Every city council agenda contains multiple slots for city councilmembers and the city administrator to give updates or make announcements about important issues that are coming before the city council. And every meeting typically includes public commentary on subjects not necessarily on the agenda. Here are some highlights.

Comm/Comm: Public Art Ordinance Revision

Sabra Briere (Ward 1) gave the council an update on the work of a city council task force that was assigned to review and make recommendations on the city’s public art ordinance. [Besides Briere, the group consists of councilmembers Sally Petersen (Ward 2) Stephen Kunselman (Ward 3), Margie Teall (Ward 4) and Christopher Taylor (Ward 3). They'd been appointed at the city council's Dec. 3, 2012 meeting, when the council also voted to halt the spending of funds accumulated through Ann Arbor's Percent for Art program – except for projects that are already underway. The moratorium on spending lasts until April 1, 2013.]

The council’s resolution had not included a date in writing by which the task force was supposed to complete its work. But in making the appointments to the task force, mayor John Hieftje had indicated a date of Feb. 15. Briere reported that a draft resolution was now in the hands of the city attorney’s office. The task force would be meeting again on March 1, Briere said. [For the most recent Chronicle update on the activity of the task force, see the Jan. 23, 2013 meeting report of the public art commission.]

Briere characterized the issues addressed by the task force as including how and where public art should be placed, as well as changes to the funding mechanism. The task force is looking at ways to fund art that could include temporary art, publicly selected art, art the public helps to pay for, or performance art. The task force is working with language that would eliminate the “percent for art” funding mechanism, but would still allow capital improvement projects to have public art associated with the project as a “baked-in” ingredient.

Briere indicated that she hoped an ordinance change would be in front of the council by the end of March. [The council's second of two meetings that month falls on March 18.] She also indicated that a resolution separate from the ordinance change would also be brought forward, which she said would include additional guidance.

Comm/Comm: DDA Ordinance Amendments

Stephen Kunselman (Ward 3) announced that he now has a draft version of the ordinance amendments he’d mentioned at the council’s Feb. 4, 2013 meeting, regarding the Ann Arbor Downtown Development Authority.

He asked that the city clerk add the draft to the city’s online Legistar system for the Feb. 19 meeting. He’d be looking for co-sponsors, he said.

Among the revisions to the DDA ordinance Kunselman reflected in the draft are changes to the DDA governance, which would include term limits on board members, and a prohibition against elected officials serving on the board. But more significantly, Kunselman is proposing to change the way that the tax increment finance (TIF) capture by the DDA is calculated. The draft language leaves the issue still somewhat unclear. [.pdf of draft amendment to the DDA ordinance]

Comm/Comm: Housing Commission, CIP

During communications time, Kunselman conveyed his desire to see the properties of the Ann Arbor Housing Commission (AAHC) included in the city’s capital improvements plan (CIP). That came in the context of a presentation the council had recently received from AAHC executive director Jennifer L. Hall, who’s proposing a private-public partnership to address capital improvement needs for AAHC properties. Kunselman has expressed opposition to Hall’s proposal. [For background on the AAHC's efforts, see: "Housing Commission Selects Co-Developer."]

Comm/Comm: Taxicabs

Kunselman indicated that the Feb. 28 meeting of the city’s taxicab board – which he chairs – would include an update to the public about increased enforcement of the taxicab ordinance. He’s looking to see if any other changes can be made to the taxicab ordinance to make the taxi industry more responsive to the needs of the community. [For recent coverage of the taxicab board, see: "Ann Arbor Taxicab Board Grants Appeal."]

Comm/Comm: Former Y Lot

Kunselman also indicated that he’d be requesting brokerage services for the sale of the former Y lot at Fifth and William. Mayor John Hieftje indicated that he wanted to look at what could be included as an offer, but leave the property as unencumbered as possible.

Comm/Comm: Human Rights Commission

Sumi Kailasapathy (Ward 1) noted that the city’s human rights commission is looking for additional members.

Comm/Comm: Anglin, WALLY

During communications from council, Mike Anglin (Ward 5) said that his name has been mentioned as someone who is a supporter of the WALLY north-south commuter rail project. [The project currently has a funded study for station location design]. Anglin said information was being publicly distributed to the effect that he’s a supporter of WALLY and that people should contact him about it. Anglin indicated he did not support WALLY, but was very much in favor of the Ann Arbor Transportation Authority’s bus system, saying that rail was “foolhardy at this time.” He wanted to stop discussion of funding rail transportation until people accept the public transportation that already exists.

Comm/Comm: Ward 2 Website

During communications time, Sally Petersen (Ward 2) alerted people that she and Jane Lumm (Ward 2) had created a website for Ann Arbor’s Ward 2. Anyone is welcome to visit it, she said, and there’s a link to a Ward 2 resident satisfaction survey. She encouraged people to take the survey, especially residents of Ward 2.

Comm/Comm: Aging Conference

During communications time, Sabra Briere (Ward 1) noted that she’d placed a flyer on her council colleagues’ seats about the AARP’s Age Friendly Communities Conference, which takes place on Feb. 28 in Ann Arbor.

Comm/Comm: Israel/Palestine

Henry Herskovitz responded to some remarks that Chuck Warpehoski (Ward 5) made at the council’s Jan. 22, 2013 meeting. Warpehoski had indicated he wouldn’t be contemplating a resolution on Palestinian rights as long as demonstrations continue outside Beth Israel on Saturdays during worship services. Herskovitz asked whether Warpehoski’s remarks contained elements of a “friendly offer” or a possible quid pro quo from Herskovitz’s group – Jewish Witnesses for Peace and Friends – to cease their demonstrations at Beth Israel. He contended that Warpehoski’s comment contains an “odd element” – because it recognizes that a problem exists in Palestine, which Warpehoski could, or would, act on as an elected official. So Herskovitz concluded that Warpehoski was not saying that the city shouldn’t divest from Israel, or that there are no grounds for divestment – only that Warpehoski is conditioning his action on the actions of Herskovitz’s group.

Herskovitz drew an analogy to the abolitionist movement in the 1800s, as John Brown conducted violent raids against pro-slavery interests. Some in the abolitionist movement decried Brown’s tactics, but they did not allow Brown’s actions to distract them from their goal of abolishing slavery, Herskovitz said. The situation in Palestine cries out for moral intervention, he said. But based on Warpehoski’s remarks, it appears that intervention will not take place until Herskovitz’s group stops expressing its point of view – in a manner that is protected by the First Amendment. Herskovitz allowed that it’s difficult for Warpehoski to accept his group’s tactics. But allowing the actions of another to determine one’s own actions, Herskovitz said, raises doubts about that person’s reasoning and commitment to resolving the issue.

Comm/Comm: General Criticism

Thomas Partridge introduced himself as a resident of Washtenaw County and Ann Arbor’s Ward 5. He noted that he been a recent candidate for the Michigan senate and house of representatives. He called for ending discrimination and corruption in the Ann Arbor city government.

Present: Jane Lumm, Mike Anglin, Margie Teall, Sabra Briere, Sumi Kailasapathy, Sally Petersen, Stephen Kunselman, John Hieftje, Chuck Warpehoski.

Present: Marcia Higgins, Christopher Taylor.

Next council meeting: Monday, March 4, 2013 at 7 p.m. in the council chambers at 301 E. Huron. [Check Chronicle listings to confirm date.]

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A task force established by the city council on May 7, 2012 has been working to develop recommendations for a much broader area than 721 N. Main, including the North Main corridor and extending to the Huron River. The task force is supposed to provide recommendations for the area by July 31, 2013.

But the task force has been asked to provide recommendations on the 721 N. Main property even earlier than that – because of application deadlines for grants that the city is interested in seeking. The two grants would be from the Michigan Natural Resources Trust Fund, which has an early April deadline, and the Connecting Communities grant from the Washtenaw County parks & recreation commission. The city’s $300,000 proposal to Connecting Communities – for trails to be constructed through the 721 N. property – was mentioned at the Feb. 12, 2013 meeting of the county’s parks & recreation commission. The Connecting Communities application had a deadline in December 2012, which the city met.

The task force submitted its initial recommendation on the 721 N. Main property to the city council in December, and based on that, the council approved making the two grant applications at its Dec. 17, 2012 meeting.

And at the council’s Jan. 7, 2013 meeting, two members of the North Main and Huron River Corridor task force – David Santacroce and Darren McKinnon – gave a presentation to the council summarizing the group’s work to date. The task force recommendations were divided into the floodway portion and the non-floodway portion of the site. For the floodway portion, there was not a lot to decide – because a city council resolution from Aug. 15, 2005 calls for the floodway area of the 721 N. Main site to be included within a planned Allen Creek greenway.

For the roughly 2.5 acre non-floodway portion, the task force is recommending that it be developed to include non-motorized paths to connect from Felch Street to North Main and West Summit streets. [.jpg of map showing the task force's recommendations]

They told the council during their January presentation that the task force thought the main building had potential for reuse, but that it would need about $30,000 of physical testing to make that determination. It was that $30,000 of testing that the council authorized at its Feb. 19, 2013 meeting. The physical testing is supposed to be completed by May 31. , which coincides with the application deadline for the Michigan Natural Resources Trust Fund grant.

At the council’s Jan. 7 meeting, Jane Lumm (Ward 2) had expressed a lack of enthusiasm for salvaging the building.

The city is undertaking similar physical testing on buildings that stand on another potential city-owned greenway property, at 415 W. Washington. At the council’s Dec. 17, 2012 meeting, an additional $32,583 for the study of 415 W. Washington property was allocated. The council had previously authorized $50,000 for physical testing of the property. That vote had come at the council’s July 16, 2012 meeting.

The 415 W. Washington property, with its three buildings, was previously used by the city as a vehicle maintenance facility, before the construction of the Wheeler Service Center south of town on Stone School Road.

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

This apple on a councilmember’s desk could reflect the fact that part of the meeting was devoted to core priorities. (Photo by the writer.)

Councilmembers established a concern about the possible financial risks associated with the project, and a desire that public input be solicited on the ultimate decision for a site. But the vote was unanimous to accept the grant, which includes an obligation to provide roughly $480,000 in matching funds. That match is expected to be provided by Wind Products Inc., a company located in Brooklyn, New York.

At a meeting of the city’s energy commission held the following night, commissioners expressed their dissatisfaction that the proposal had not been brought to that body for review.

Some of the council’s deliberations on the wind turbines included the question of whether the effort was consistent with the council’s priorities for the next two years – ones that were formally adopted at the Jan. 7 meeting. The priorities, which had been identified in a Dec. 10 planning session, included the basic areas of: fiscal responsibility, public safety, infrastructure, economic development and affordable housing.

The council had three parks-related voting items on its agenda, neither of which prompted extended deliberations. One was approval of a design for the new skatepark in the northwest corner of Veterans Memorial Park, which is expected to start construction in the spring and be completed in the fall. A second voting item was the approval of another contract with the Conservation Fund, which helps manage operations for the city’s greenbelt and parkland acquisition programs.

A third parks-related voting item was authorization of a contract to replace roofs on two buildings at Cobblestone Farm.

Another agenda item – related to parks, but not requiring a vote – was a presentation from the council-appointed task force that’s been asked to make recommendations for a future vision of the North Main Street corridor, extending to the Huron River, including the MichCon property. They focused their presentation on the 721 N. Main property, for which the council had authorized two grant applications at its Dec. 17, 2012 meeting. The group has a summer 2013 deadline to make recommendations for the whole area.

Also on the topic of parks, the council heard from representatives of New Hope Baptist Church during public commentary, regarding a planned new dog park. Members of the congregation oppose the location of the dog park inside West Park, because it’s immediately adjacent to the church on Chapin Street. Also during public commentary, the council again heard calls for the top of the Library Lane parking garage to be designated as a park.

Some other items on the agenda could be grouped under land use and planning. The council gave approval to changes to the site plan for Packard Square, a proposed redevelopment of the former Georgetown Mall. The council had postponed the item from its Dec. 3, 2012 agenda.

And the council gave initial approval to a zoning request in connection with the proposed Summit Townhomes project site, just east of Stone School Road. The land was recently annexed into the city from Pittsfield Township.

Also as a result of council action, Ann Arbor residents could have some additional flexibility for parking cars on their front lawns – beyond just the occasions of University of Michigan football games.

In other business, the council approved the appointment of Carrie Leahy to the board of the local development finance authority (LDFA). The LDFA is a tax-increment finance (TIF)-funded entity that comprises the geographic area of the city of Ann Arbor’s downtown development authority, as well as the city of Ypsilanti’s DDA.

Other public commentary heard at the meeting included remarks opposing continued investment in companies that provide military hardware to Israel.

One hour immediately preceding the regular meeting was a special session of the council. Its agenda consisted only of a closed session, to discuss labor negotiations – which is an allowable topic for a closed session under the Michigan Open Meetings Act.

Wind Turbine Grant

The council was asked to consider acceptance of a nearly $1 million grant from the U.S. Department of Energy that will fund part of the construction of two wind turbines. The turbines are intended to generate electricity for the Ann Arbor Public Schools. The project requires construction in or near the city of Ann Arbor sometime in the next year and a half.

The city is obligated to provide an additional $484,390 in matching funds on the $951,500 grant – which it expects to achieve through partnership with a third-party developer, who was not named in the council’s resolution. However, city staff responded to councilmember questions before the meeting by indicating it was Wind Products Inc., out of Brooklyn, N.Y. that is expected to make the investment.

The city’s plan is to make a $18,590 contribution of in-kind staff time, not paying any cash.

The plan is to locate the wind turbines on AAPS property, and that the third-party developer will construct the turbines. The developer would then provide AAPS with a 20-year power purchase agreement (PPA) – which would give the AAPS some guaranteed minimum of power at less than the current market rate. The recipient of any renewable energy credits (RECs) from the installation would be the city of Ann Arbor.

AAPS director of communications Liz Margolis responded to an emailed query from The Chronicle describing the possibility that the site of the installation could be Pioneer High School, with the height of the turbines approximating that of two cell towers already located on the property. Margolis indicated that before any decision is made to locate wind turbines on the school’s property, the school district would solicit comments from residents who live near the site. The city council deliberations indicated little enthusiasm for locating the turbines near residential neighborhoods or very near a school building.

In the state of Michigan, Ann Arbor has poor to marginal potential for wind energy generation, compared with areas in the rest of the state – according to data maintained by the U.S. Department of Energy. However, the goal of the Ann Arbor project is focused on the educational benefit – as the schools integrate the project into their curricula and the public would have its awareness raised regarding renewable energy.

Wind Turbine Grant: Public Comment

During public commentary at the conclusion of the meeting, Kai Petainen told the council that he was speaking only on his own behalf. He thanked them for their vote on the skatepark. But he told councilmembers that the wind turbine grant didn’t make sense to him, saying it doesn’t take much to see we don’t have much wind in this area. He ventured that the money would be better spent hiring him to teach children about geography, and where wind resources are distributed. He told the council that the VA hospital has a windmill on its roof that he has occasion to observe with some frequency, and he contended that it never moves.

During public commentary at the start of the meeting, Kermit Schlansker told the council he was unaware that windmills were on the agenda. He told the council they should take money if they can get it, but added that they should divert it for something else. Windmills are not new, he said, and there’s nothing spectacular about them, and there isn’t that much wind in this area, he said.

A better way to spend the money, he said, would be to invest it in an “energy farm” – which relates to food, energy, jobs for unskilled labor, factory jobs, a place to house the homeless and for recreation. He advocated for putting up an apartment building that was supported by using geothermal heat, solar, wind and biomass energy.

Wind Turbine Grant: Council Deliberations

Brian Steglitz, a utilities engineer with the city, was asked to the podium to answer questions.

Jane Lumm (Ward 2) indicated that 18 months didn’t seem like a lot of time to complete the project, and the amount of staff time – with an estimated in-kind value of about $18,000 – didn’t seem like sufficient resources to complete the job.

Jane Lumm (Ward 2) as she arrived at the Jan. 7 meeting.

Steglitz explained that half the staff time is reimbursed by the grant, so the amount of staff time would actually be $36,000. He also noted that a fair amount of effort would come from non-city staff. He allowed that the timeline is aggressive but said it’s “doable.” In the scheduling of the activities that have to be completed, there are many items contingent on some previous thing occurring. For example, the environmental assessment could have an outcome that could delay the process. Preliminary conversations have been held about a possible location, he said, adding that he could not yet share details.

Lumm asked Steglitz to describe the risks to the city: What happens if costs exceed projections? He explained that under the U.S. Department of Energy process, spending isn’t authorized until certain milestones are met. As an example, he said, it’s not possible to do design work on the turbines right now. If the project doesn’t meet a milestone, then the project stops, he explained. Steglitz did not see any risk except the staff time – that is, the city could put forth $18,000 worth of staff time and not have finished wind turbines. If the project is unsuccessful, then the city would have to summarize its experience in a report, he said.

Sumi Kailasapathy (Ward 1) wanted to know how big the turbines would be. Steglitz explained that they hadn’t been designed or studied yet, but estimated that they’d be about 100-150 feet tall – the height of a typical cell tower. Responding to Kailasapathy, he indicated that a turbine could be located on AAPS property.

Sally Petersen (Ward 2) expressed some confusion – about whether there’d been an RFP (request for proposals) process and how Wind Products was selected. Steglitz indicated that the city had gone out initially a year ago and had made a partnership with the University of Michigan. Originally, the university was going to provide matching funds because they were interested in doing research – but that had not worked out. So the city had looked at other financing partners. The proposal from Wind Products calls for the company to construct the turbines on the city’s behalf, and then the company would own the turbines. The city would lease the turbines for a certain period of time and pay the company for the power during that period. Wind Products was the only company that had come to the table to meet the grant requirements and the financial commitment to build the turbines.

Petersen asked Steglitz if he didn’t consider that a risk – that Wind Products would not match the DOE grant matching requirement on the city’s behalf. Steglitz explained that the city had a letter of intent with Wind Products – but it’s not a contract. It states that if the city accepts the grant, then the city and Wind Products will work together to develop the power purchase agreement – the contract. The council would eventually need to authorize that contract, he said. Petersen indicated that she thought the power purchase agreement was supposed to be between AAPS and Wind Products. Steglitz responded that the parties to that agreement had yet to been determined.

Sabra Briere (Ward 1) asked what the advantage to AAPS and to the city was: Why is the city working hard to accept this grant? Steglitz said that AAPS has been trying to do some kind of wind project for a long time. A planned project at Skyline High School never came to fruition, he said. There is some financial benefit, he said, because AAPS would pay less than current market rates for the electricity that’s generated. The school district is interested in being the “face of renewable energy,” he said, and wants to incorporate the turbines into the educational program. One of the benefits to the city is that it helps meet its goals for renewable energy.

Briere noted that Ann Arbor is not a really good location to locate wind turbines, because the steady 13-14 mph winds you need don’t blow here. Why are we doing this here? she asked. Steglitz observed that the project goes back many years, and he was not involved with the grant application. He ventured that the application was likely submitted by former city energy coordinator Dave Konkle. Steglitz said the project didn’t indicate that the city thinks it has a great wind resource. It’s more about education. It’ll be a monument to renewable energy, he said.

Mayor John Hieftje drew a comparison to a previous grant the city had received from the DOE for solar energy – which had been awarded even though DOE was aware that Ann Arbor is not the sunniest spot.

Stephen Kunselman (Ward 3) indicated that he felt Skyline High School would be a great location. He was concerned about the siting of the facility without much community engagement. He ventured that there would not be a direct feed from the wind turbine to a school building, but Steglitz indicated that might be possible – but he would not speak on DTE’s behalf.

Steglitz described challenges associated with various sites, including zoning and municipal airport flight lines. Kunselman got additional confirmation that any contracts associated with the project would come back before the council for approval.

Marcia Higgins (Ward 4).

Marcia Higgins (Ward 4) asked about the size of the turbine blades. Steglitz indicated that they’d be on the order of a 30-foot radius – so 60-feet long. She expressed concern about noise. She also wondered what would happen if a blade flew off. She indicated she had some mixed feelings about it.

Lumm echoed Higgins’ sentiments about the importance of working with the community on site selection – that should be Job 1, she said. She noted that the solar array installation undertaken by UM recently involved zero community input. And the university had made zero effort to reach out to city staff, she contended, so many people were surprised when the panels appear. She said she gets angry any time she drives past it. She expressed a desire to “test the waters” on the issue of siting before going down the path of accepting the grant.

Hieftje described vibration and danger issues associated with wind turbines as minimal. He allowed that one particular wind turbine installation – at California’s Altamont Pass – was a danger to birds.

On the topic of siting, Chuck Warpehoski (Ward 5) joked that if the idea was to consider a site where a lot of air gets pushed around, he wondered if Steglitz had considered city council chambers?

Higgins questioned whether there was clear support from the AAPS board for the project, and drew out from Steglitz that he’d been working with AAPS executive director of physical properties Randy Trent. Higgins ventured that to complete the project in 18 months, they’d need to move with “lightning speed.” Steglitz indicated he was optimistic.

Lumm said this sounded to her like a familiar path. [She was alluding to a grant the city had received from the Federal Rail Administration that required local matching funds that the city thought it had already provided – which turned out not to be the case.] She questioned whether the city should try to do everything, or instead try to prioritize. In the year she’s served on council since being elected most recently, Lumm said, it seemed like the council had spent a lot of time on transportation and the environment, not the priorities the council had discussed at a recent planning session. She looked forward to shifting her focus to those priorities.

Petersen stated, “I’m a fan of wind.” [It's unclear if the pun was intended.] She also said the city needs to focus on alternative energy in the future. As Lumm had pointed out, environmental concerns were not in the council’s top five priorities, Petersen said. She liked the educational components, but was not sure if the AAPS board was supportive. She was also worried about the short time frame.

Margie Teall (Ward 4) did not share Petersen’s concerns and said she was pretty excited about the project. The short time frame means we don’t need to wait, she said, adding: “The time is now; the time is yesterday.”

Responding to remarks by Lumm and Petersen on priorities, Briere noted that infrastructure was one of the identified priorities – which include transportation. Briere’s comment responded specifically to Lumm’s contention that the council’s focus on transportation wasn’t consistent with the five priority areas. Briere pointed out that the council had made a big effort to define infrastructure so that it included transportation. In any case, the priorities are aspirational goals for the next two years, not for the current budget cycle. She said it would be a shame to decide they don’t want to do it.

Left to right: Christopher Taylor (Ward 3) and Stephen Kunselman (Ward 3).

Kunselman said he would support the project, reasoning that it’s important that they move forward on something that had been started years ago. He felt like the city would hand off the siting question to the AAPS board.

Warpehoski agreed with Kunselman, saying that he was excited when he saw it on the agenda – because it meets several goals of the city. Among those goals were financial and educational goals. The best way to assure we waste staff time is to back out now, he said, adding that the finish line is in sight. Higgins said she’d support the project but wanted AAPS to have a community-involvement element to its site-selection process.

Christopher Taylor (Ward 3) said the project struck him as typical of the large, forward-thinking projects that the city staff brought forward – where the city’s risk is minimized. Taylor said the fact that he didn’t understand where the turbines will be or what the community conversation will be didn’t strike him as important. The time to evaluate that is for the future, he said. If the school district’s process is lacking, the council would hear about it. And the council would have the chance to “pull the plug” at a later time.

Outcome: The council voted unanimously to approve acceptance of the DOE grant for wind turbines.

Wind Turbine Grant: Postlude

On the following evening, on Jan 8, 2013, the city’s energy commission met and was briefed about the wind turbine project. Based on CTN coverage, which is available through Community Television Network (CTN) Video on Demand, commissioners had a negative reaction to not being included in the review process for the project. [CTN coverage begins at roughly the 0:57 minute mark]

Wayne Appleyard, who chairs the commission, stated: “Some of us wonder what we’re here for if we’re not consulted on these things.” He also pointed to the stated purpose of the commission in support of his contention that the city should have taken advantage of the technical expertise of commission members: “To oversee City policies and regulations in areas of energy efficiency concerns and make periodic public reports and recommendations to the City Council.”

By way of explanation for the omission, environmental coordinator Matt Naud, who gave the briefing, explained that the project had languished for a time, and that there’d been a staff transition – as former program manager for the Ann Arbor energy office, Andrew Brix, had left the city. But Naud allowed: “We did not keep you up to date as much as we should have.”

Mayor John Hieftje, who sits on the energy commission, seemed to discount the significance of the council’s action, expressing some skepticism that the project would even be built: “I’ll believe it when I see it.” The item’s appearance on the council’s Jan. 7 agenda was facilitated by Hieftje’s sponsorship of it. It had missed the deadline by which staff could add an item to the agenda – but a member of the council can add an item at any time.

Commissioner Cliff Williams asked some pointed questions about the RFP process that had eventually led to an exclusive letter of intent with Wind Products Inc. He was aware of some companies that had submitted bids, but that were not aware of the change in scope of the project that resulted in the selection of Wind Products, which had not bid in response to the initial RFP.

Council Priorities

On the council’s agenda was an item that called for the adoption of a consultant’s report on a Dec. 10, 2012 council planning session. Part of the report outlines priorities for the next two years identified by the council at that session, including: fiscal responsibility, public safety, infrastructure, economic development and affordable housing. [.pdf of Julia Novak's report on the Dec. 10 session]

For more detailed coverage of the problem and success statements that the council associates with each of the priority areas, see Chronicle coverage: “Council Focus: Budget, Safety, Infrastructure.” And for coverage of statements of councilmember sentiments in response to one of the planning session assignments – a 3-5 minute statement on “What I believe” – see “What They Believe: Ann Arbor City Council.”

Council deliberations consisted of remarks from Jane Lumm (Ward 2), who called the session productive. She thanked the city staff for their efforts. The time was well spent in team-building and identifying key areas of focus for the next two fiscal years, Lumm said. She reviewed the five priority areas. She supported those five areas, which she felt were aligned with the community’s priorities as well, and looked forward to acting on them in the next few months. [The council will be adopting the fiscal year 2014 city budget in May, for the 12-month period beginning on July 1, 2013.]

Outcome: The council voted unanimously to adopt the planning session report.

Ann Arbor Skatepark Design

The council was asked to consider the final design of a new Ann Arbor skatepark, to be located in the northwest corner of Veterans Memorial Park. The city’s park advisory commission had unanimously recommended approval of the proposed design at its Dec. 18, 2012 meeting.

The conceptual design by Wally Hollyday for the Ann Arbor skatepark at the northwest corner of Veterans Memorial Park.

Construction is expected to begin in the spring of 2013, with a goal of completing the project by the fall.

The park was designed by Wally Hollyday. In July of 2012, the Ann Arbor city council had authorized a $89,560 contract with his firm, Wally Hollyday Skateparks, for the design and construction oversight of the skatepark. City council action on the skatepark at that location dates back to a Dec. 1, 2008 approval of a memorandum of intent. [.pdf of memorandum of intent]

The roughly $1 million project – including an anticipated $100,000 endowment for ongoing maintenance – will be financed through a combination of funds. Those include private donations – primarily solicited through the Friends of the Ann Arbor Skatepark – as well as a $300,000 state grant, and up to $400,000 in matching funds from the Washtenaw County parks and recreation commission. The Ann Arbor Area Community Foundation is acting as fiduciary.

The design includes a wide variety of skateboarding features – including bowls and pools; banked, Hubba and cantilevered ledges; and slappy curbs. Landscaped areas and rain gardens are located throughout the park, which will also serve as stormwater management elements. The design includes a small stage, which could be used for skateboarding demonstrations as well as other community performances. Organizers also hope to incorporate concrete “skateable artwork” on the site.

Two residents who live near Veterans Memorial Park spoke against the location during public commentary at PAC’s Dec. 12 meeting, saying they hadn’t been informed before the site was selected. They also referred to a petition of about 20 other residents who opposed the location, including the owners of Knight’s Restaurant, which is located across from the proposed skatepark. They were concerned about noise, maintenance, safety and other issues that they felt hadn’t been adequately addressed.

Later in that PAC meeting Colin Smith, the city’s parks and recreation manager, reviewed the history of the project starting in 2007, including a listing of forums with neighbors, which he described as well-attended, and public hearings at PAC and city council. He later showed The Chronicle a receipt for a mailing sent to neighbors in 2008, notifying them about the proposal in its very early stages.

Trevor Staples, chair of the nonprofit Friends of the Ann Arbor Skatepark, also spoke to PAC and noted that the group would be holding a retreat later this winter to discuss their future mission, indicating that they’d be involved in ongoing support for the skatepark. Part of the MOI with the city stipulates that 10% of fundraising for the skatepark is being set aside for future maintenance.

At the council’s Jan. 7 meeting, no one spoke against the project.

Ann Arbor Skatepark Design: Council Deliberations

Although the skatepark design was on the consent agenda, it was pulled out for separate consideration by Christopher Taylor (Ward 3). Taylor sits as a council representative (ex officio non-voting) to the park advisory commission, and he reported that PAC had enthusiastically recommended the skatepark design. He said he looks forward to its implementation.

Chuck Warpehoski (Ward 5) expressed his thanks to the Friend of the Ann Arbor Skatepark for their hard work. He acknowledged that there have been recent concerns expressed about the location. Although it’s been a long-term process, he allowed that not everybody “got the memo.” He lives near the space, and characterized it as currently not well used. He thought it would be a great amenity and looked forward to seeing it in his neighborhood.

Trevor Staples perused the council’s Jan. 7 agenda before the meeting started. He’s chair of the nonprofit Friends of the Ann Arbor Skatepark, and a teacher at Burns Park Elementary School.

Stephen Kunselman (Ward 3) said that it had been a long time coming, and called it a community effort. He noted that it had involved kids, who had come to the meetings. He said the city’s youth had stepped up and shown what’s important to them. He was happy to be there for the vote.

After some lighthearted back-and-forth between Kunselman and mayor John Hieftje about age and skateboarding, Marcia Higgins (Ward 4) weighed in. She said it was very nice to see the resolution come forward. She asked some clarificational questions about some of the elements in the design – highlighting a “multi-event area.”

Trevor Staples responded to Higgins, saying that from the beginning, the skatepark has been conceived as a community gathering space. The multi-event area could be used for award presentations, or a judges’ stand for competitions, or music. He noted that the area Higgins was asking about is designed to be “completely skateable.”

Higgins expressed some concern about the adequacy of the parking at Veterans Memorial Park – if a skateboarding competition were to be held there at the same time as softball games were going on. Sumedh Bahl , the city’s community services area administrator, indicated that he could not give a precise analysis on that. Staples indicated that parks and recreation manager Colin Smith and park planner Amy Kuras had looked at the parking situation.

Outcome: The council voted unanimously to approve the skatepark design.

Conservation Fund Contract

The council was asked to approve a $156,230 contract with The Conservation Fund to manage operations for the city’s greenbelt and parkland acquisition programs. The programs are funded by a 30-year 0.5 mill open space and parkland preservation tax that voters approved in 2003. The contract is for a one-year period, with the option for two one-year renewals.

The city had issued a request for proposals (RFP) in early November, with a Nov. 28 deadline for responses. [.pdf of management RFP] Only one proposal had been received – from The Conservation Fund.

The Conservation Fund has held that contract since the greenbelt program launched. The current three-year contract ends on Jan. 15, 2013. The nonprofit is headquartered in the suburbs of Washington, D.C. Ginny Trocchio is the nonprofit’s Ann Arbor staff member.

The current contract was approved by the Ann Arbor city council on Dec. 21, 2009. It authorized $119,565 in 2010, with two one-year renewal options for $113,661 in 2011 and $106,797 in 2012. The Conservation Fund also was the only bidder for that RFP.

Council deliberations on the issue were limited to a brief remark from Christopher Taylor (Ward 3), who is now the city council representative to the greenbelt advisory commission. Previously, the council representative had been Carsten Hohnke, who left the council in November 2012, having chosen not to seek re-election.

Taylor noted that he’d only attended one meeting of GAC so far, but said that GAC supports the contract with The Conservation Fund.

Outcome: The council voted unanimously to approve The Conservation Fund contract.

New Roofs for Cobblestone Farm

The council was asked to approve a $109,500 contract with Renaissance Restorations Inc. – to allow replacement of roofs at Cobblestone Farm. Roofs on the event barn and on the Tincknor-Campbell House will be replaced. The bid from Renaissance was the lowest of three received for the work. The contract includes a 10% contingency, bringing the total to $120,450.

The project will be funded with proceeds from the parks maintenance and capital improvements millage.

According to a staff memo, the Tincknor-Campbell House is a cobblestone farmhouse that was built in 1844. Its existing wood shingle roof was installed in 1977 and is in serious disrepair. The proposal calls for the new roof to be made of cedar shakes, with flashing done in copper.

The event barn, built in the late 1980s, is rented out for weddings, parties, business conferences, and other events. Its existing roof is over 30 years old and is also in poor condition. Because the building is not historically significant, the proposal calls replacing the roof with a recycled plastic shingle that resembles cedar, but that is less costly and more durable.

The alternative material was approved by the city planning staff who provide support to the city’s historic district commission. The Cobblestone Farm Association has also reviewed the proposal and agreed with the recommendations. The park advisory commission voted to recommend the contract at its Dec. 18, 2012 meeting.

Outcome: Without substantive deliberations, the council voted unanimously to approve the contracts for replacement of roofs at Cobblestone Farm.

721 N. Main Presentation

Two members of the North Main and Huron River Corridor task force – David Santacroce and Darren McKinnon – gave a presentation to the council summarizing the group’s work to date.

A map showing recommendations for the city-owned property at 721 N. Main St.

The group had been tasked with developing recommendations for a future vision of the North Main Street corridor, extending to the Huron River, including the MichCon property.

They focused their presentation on the 721 N. Main property, for which the council had authorized two grant applications at its Dec. 17, 2012 meeting.

The group has a summer 2013 deadline to make recommendations for the whole area. But the council had given the task force an end-of-the-year deadline for a recommendation on the 721 N. Main property – because of grant deadlines. One of the grant applications was due at the end of 2o12, while the other is due at the end of March 2013.

Recommendations were divided into the floodway portion and the non-floodway portion of the site. For the floodway portion, there was not a lot to decide – because a city council resolution from Aug. 15, 2005 calls for the floodway area of the 721 N. Main site to be included within a planned Allen Creek Greenway.

The task force is now recommending that the roughly 2.5 acre floodway portion be developed to include non-motorized paths to connect from Felch Street to North Main and West Summit streets.

Recommendations for the non-floodway portion of the site include:

•  That, consistent with its charge, the NMVT investigate potential uses for the non-floodway portion of the site, beginning with the existing masonry buildings outside of the floodway for potential reuse. And that, in order to do so, Council shall provide City staff with sufficient resources to conduct a structural and environmental assessment of the buildings and a market analysis of the portion of the parcel outside of the floodway and provide those findings to the NMVT no later than April 30, 2013. Based on these findings and other considerations, the NMVT will provide Council with final recommendations for the future use of the non-floodway portions of the parcel with the NMVT’s final recommendations to Council which are due no later than July 31, 2013.
• The NMVT’s initial findings with respect to the non-floodway portion of the parcel are as follows:
  (i) If the buildings are determined to be salvageable, the City should promptly pursue building renovation and occupation. Prior to any public use of the site, efforts should be made to minimize the potential for nuisance activities around the buildings;
  (ii) If any future development occurs on this portion of the site, such development should remain consistent with the residential scale and character of the neighborhood and surrounding zoning districts;
  (iii) That it is essential that development of non-floodway open space coincide with efforts to activate the floodway improvements. Such efforts should consider unique and unmet needs near downtown (e.g., a dog park/community garden/flex space/sustainability demonstration/ trailhead parking).

Santacroce indicated that some resources would be required to help determine the value of the property and whether the buildings are salvageable. For general market considerations, he’d had a conversation with Todd Poole, a land use economist who’d done work recently for the Ann Arbor Downtown Development Authority’s Connecting William Street project. And because Poole wouldn’t be starting from scratch, it would cost perhaps only $5,000 to “tweak” the work he had already done.

For the physical assessment of the property and the buildings, Santacroce estimated it would take about $30,000 to do the necessary analysis.

Jane Lumm (Ward 2) expressed a lack of enthusiasm for salvaging the buildings and ventured that instead of hiring Poole, perhaps some local real estate professionals could be engaged, who might be willing to do the work pro bono.

Outcome: This was not a voting item.

Packard Square

The council was asked to approve changes to the site plan of the Packard Square project, an effort to redevelop the former Georgetown Mall. The site plan – given original council approval on May 2, 2011 – calls for demolition of the existing buildings, and construction of a mixed-use development consisting of 23,858 square feet of retail, up to 230 apartment units, and structured parking.

The changes include altering the facade of the building by reducing the number of balconies by one-third, replacing some brick with Hardi-board siding, changing windows, and changing the color of the siding. The council originally postponed the matter a month ago, on Dec. 3, 2012.

Part of the council’s reluctance to give its approval in December was based on aesthetic dissatisfaction with the changes as reflected in the revised renderings. The renderings showing the changes were not given the same amount of attention to detail as the original drawings – with respect to shading to show depth, for example – which left some councilmembers to conclude that the development looked “flat” and dormitory-like. Councilmembers at the Dec. 3 meeting also gave the new color scheme an unfavorable review.

Responding to the specific request of the council to provide drawings on which they could make “apples-to-apples” comparisons, the developer of the project submitted 3D sketches for the Jan. 7 meeting. [.jpg with original color-scheme for Packard Square] [.jpg with revised color-scheme for Packard Square]

The changes to the building that the council was asked to approve were motivated by a change to the upper level residential portion of the Packard Road facade. It was moved 10 feet to the east to make it line up with the front stairwells. That also increased the footprint of the building by 4,720 square feet.

Packard Square: Council Deliberations

Margie Teall (Ward 4) led things off by asking that the developer Craig Schubiner come to the podium. She wanted to know if the new elevations were in the council’s packet. She asked for a description of changes that had been made since December, in response to the commentary at that council meeting.

Margie Teall (Ward 4) gets a closer look at rendering for Packard Square.

Schubiner explained that they’d had the elevations rendered in the new colors and the old colors in the same way. He said that on the sides, it breaks up what are really long facades on the north and south. The retail “frame” would accentuate the stores in front, he said.

All the windows are six-foot windows, he noted, and there are nine-foot ceilings. If you look at the floor plans that are currently being reviewed by the city for approval, he said, the windows take up most of the wall space in every living and every bedroom. He concluded that these are the largest windows of any non-downtown, garden-style apartment complex ever built in Ann Arbor.

The retail windows had been made bigger and the corner was embellished, he said. He contrasted the new rendering with the original colors. They were a little bit more “washed-out.” The new colors would better break up the long facades, he said. But he noted that colors are, at a certain point, a matter of opinion.

Teall left her seat and examined the drawings up close.

Schubiner noted that the basic building design and footprint had not changed.

Outcome: The council voted unanimously to approve the Packard Square site plan changes.

Summit Townhomes Zoning

The council was asked to give initial approval of a request to zone a 2.95-acre site, just east of Stone School Road, as R3 (townhouse dwelling district). The property was recently annexed into the city from Pittsfield Township.

The city’s planning commission had voted to recommend the zoning at its Nov. 20, 2012 meeting.

The R3 zoning would be consistent with the intended development of the site – to be called Summit Townhomes – for which the city’s planning commission recommended for approval at its Jan. 3, 2013 meeting. The developer wants to build 24 attached residential units in four separate buildings, with each building between 80 to 160 feet in length. Each of the 24 units would have a floor area of about 1,300 square feet, and an attached one-car garage. The plan includes two surface parking areas on the east and west sides of the site, each with 12 spaces.

Summit Townhomes Zoning: Council Deliberations

Jane Lumm (Ward 2) asked for confirmation that what was before the council for its consideration was simply the zoning. City planning manager Wendy Rampson told Lumm that was right.

Christopher Taylor (Ward 3) indicated he’d vote for it at first reading, but he’d heard some concerns about the type of progress and development that it represents. So he wanted to alert his colleagues to the potential that this could be an issue to be discussed when the council is asked for its final approval.

Sabra Briere (Ward 1), who represents the city council on planning commission, reported that she’d been concerned about how children will get to school in a way that won’t require them to walk down Ellsworth. They live too close for busing, but it’s awkward if there’s no internal sidewalks, she said. But she reported her understanding that the developer has committed to achieving the goal of a walkable route to school.

Outcome: The council voted unanimously to give the zoning initial approval. It will need a second approval after a public hearing to be enacted.

Front-Yard Event Parking

On the council’s agenda was the second and final approval of revisions to the parking ordinance that might allow more flexibility for residents to park cars in their front yards.

The change in local law allows the city council to establish “special event dates” for temporary front open space parking. The ordinance had already allowed people to use their front yards for parking for University of Michigan football games. The ordinance change includes a provision explicitly to include “scrimmages,” which will accommodate the UM’s annual intra-squad spring football game.

The ordinance change was motivated in part by the possibility that University of Michigan football stadium events might in the future not necessarily be restricted to football games. For example, a National Hockey League game, between the Detroit Red Wings and the Toronto Maple Leafs, had been scheduled for Jan. 1, 2013 at Michigan Stadium. But it had been cancelled last year due to labor disputes between the NHL and its players’ association.

The city planning commission recommended approval of the change at its Nov. 7, 2012 meeting. The council had given initial approval to the change at its Dec. 17, 2012 meeting.

Front Yard Event Parking: Public Hearing

One person spoke at the required public hearing on the ordinance change – Thomas Partridge. He asked that the ordinance be withdrawn and a different one substituted that would provide for greater monetary and city council policy support for the use of existing parking lots on the outskirts of town that aren’t utilized – an allusion to AATA park-and-ride lots. We don’t need more front-yard parking in residential neighborhoods near the football stadium, he contended.

Outcome: The council voted without discussion to approve the front area parking ordinance change.

LDFA Board Appointment

The council was asked to consider the appointment of Carrie Leahy as one of six Ann Arbor representatives to the 9-member local development finance authority (LDFA) board. She replaces Theresa Carroll, whose term expired six months ago, on June 30, 2012.

The LDFA is a tax-increment finance (TIF)-funded entity that comprises the geographic area of the city of Ann Arbor’s downtown development authority, as well as the city of Ypsilanti’s DDA. The LDFA is separate and distinct from the nonprofit Ann Arbor SPARK, which operates a business accelerator under contract with the LDFA. [The Chronicle is able to offer only occasional coverage of the LDFA. From June 2012: "SmartZone Group OKs SPARK Contract."]

Leahy is an attorney with Bodman who specializes in “general corporate transactions, mergers and acquisitions, compliance with securities regulations, and issues involving venture capital funding.”

Other Ann Arbor representatives on the LDFA board include Richard Beedon and former city councilmember Stephen Rapundalo. Christopher Taylor is another one of the six Ann Arbor representatives, filling the slot that goes to a member of the city council. Based on the city of Ann Arbor’s Legistar online record system, former Ann Arbor representative Lisa Kurek’s term also expired on June 30, 2012. Leahy’s appointment leaves Ann Arbor two representatives short.

The city of Ypsilanti is currently represented by Vince Chmielewski and Phil Tepley. The term for the third Ypsilanti appointment, Mark Maynard, expired on June 30, 2012, according Legistar.

The council deliberations consisted of a remark from Taylor, who joked that no board could have too many lawyers who graduated in 1997 and specialize in corporate and intellectual property law. [Taylor himself shares the description he gave of Leahy.]

Outcome: The council voted unanimously to confirm Leahy’s appointment to the LDFA board.

T-Mobile Antenna

The council considered a resolution to approve a contract with T-Mobile Central LLC – as the successor in interest to Omnipoint Holdings Inc. The city had a previous agreement with Omnipoint, to place antennas on the Plymouth Road water tower. T-Mobile wanted to amend the license agreement to allow additional equipment on the site. The city will also get a bit more revenue, increasing the annual license fee amount by $1,200 to $39,686. That escalates each year by 4%. Under the previous arrangement, the fee escalated 20% every five years.

Council deliberations were relatively brief. But Jane Lumm (Ward 2) wanted confirmation that the additional equipment would not change the appearance of the water tower. And Stephen Kunselman (Ward 3) wanted confirmation that the revenue from such contracts went to pay the cost of the Justice Center construction bonds. City administrator Steve Powers said that he thought Kunselman was right, but would follow up and confirm that.

Outcome: The council voted unanimously to approve the contract with T-Mobile.

Communications and Comment

Every city council agenda contains multiple slots for city councilmembers and the city administrator to give updates or make announcements about important issues that are coming before the city council. And every meeting typically includes public commentary on subjects not necessarily on the agenda.

Comm/Comm: Dog Park in West Park

Two members of New Hope Baptist Church addressed the council on a topic that had been discussed at a meeting of the park advisory commission late last year, on Dec. 18, 2012.

Left to right: Rodrick Green, pastor of New Hope Baptist Church, Christopher Taylor (Ward 3) and Chuck Warpehoski (Ward 5).

During the public commentary at the conclusion of the special session of the council – which was held before the regular council meeting – Rodrick Green introduced himself as the pastor of the New Hope Baptist Church. He noted that the dog park was not a topic on the council’s agenda, but he wanted to voice on behalf of the entire congregation their unanimous opposition to the proposed dog park. The park is supposed to be located off of Chapin Street, in the area of West Park directly across from the church. Among the concerns the congregation had were issues of safety, noise and odor. They did not think it’s a proper location for a dog park, Green said.

During public commentary at the start of the regular session, Tom Miree, a trustee with New Hope Baptist Church, told councilmembers that he wanted to give them an update on the dog park in West Park. He told them that before the holidays, members of the congregation had met with the city’s park advisory commission, and gave testimony about why the site within West Park that had been selected for the dog park wouldn’t be a good spot. He reported that commissioners had listened politely, but then passed a resolution that said, “Let’s try this for a year to see how it works out.” Miree noted that the dog park site is right across the street from the church. He described the entire area of West Park as about 24 acres, but noted that only about 0.2 acres was designated for the dog park. He described it as a small area on a parcel where a house previously stood.

Miree ventured that anyone who’s done planning work knows you need conflicting land use buffers between properties. He said everyone recognizes that having amenities is a good thing. But he wanted the city to consider the impact a dog park would have on the neighborhood – especially on young children and the ministry in the area. He also asked that they consider the worship service that’s held there, saying that the congregation wants to maintain the dignity of the worship services.

Comm/Comm: Connecting William Street

By way of background, the city council will be holding a work session on Jan. 14 to hear recommendations from the Ann Arbor Downtown Development Authority on future redevelopment of five city-owned sites currently used for parking. The project, which eventually was named Connecting William Street (CWS), began with an April 4, 2011 city council resolution that directed the DDA to engage seek “robust public input” from experts, stakeholders and residents to develop a plan for those parcels.

Jamie Pitts introduced himself as the chief technology officer of a local startup [rapt.fm]. The company is located in Detroit now, but he lives here in Ann Arbor, he said. He wanted to talk about the DDA’s Connecting William Street as it relates to open space. In the space next to the Ann Arbor District Library on South Fifth Avenue, the recommended plan depicts a very large building. He said he couldn’t help but notice how small the green space was that’s allocated on the parcel. There’s an opportunity to do something great, he said, so the council would be forfeiting a huge opportunity by not allocating a greater amount of area on that parcel for green space.

He encouraged councilmembers to envision the people who live downtown. If they want more people to live downtown, they need to think about amenities. People who live in urban centers need a backyard, he said. So he called for the creation of a backyard for future downtown residents.

Alan Haber commented on the CWS recommendations that the Ann Arbor DDA would be presenting to the council on Jan. 14. In many ways, Haber said, it’s an excellent report. But he felt that the DDA understood “development” as only buildings and economic development. Other kinds of development, Haber said, include human development and community development. The DDA is only seeing the economic development perspective, he said. The council needs to see the part of the equation that involves community benefit and growing a space on which something can be created together.

Haber characterized the previous Sunday night caucus discussion as making clear to him that he and a lot of others had been barking up the wrong tree. That approach had been since people wanted a park, they should approach the “parks people” [the park advisory commission]. He wanted the council to hear a citizens report, because the DDA translates everything into money terms, Haber concluded.

During communications time, Jane Lumm (Ward 2) relayed a request from Mike Anglin (Ward 5), who was absent from the meeting. He asked to include in the council’s Jan. 14 work session on CWS an opportunity to hear from citizens on their open spaces ideas.

Comm/Comm: Public Art Committee

During her communications time at the conclusion of the meeting, Sabra Briere (Ward 1) reported that the city council committee created to review the public art ordinance had held a second meeting.

Councilmembers are sometimes asked by students to sign their agendas to prove attendance. Sabra Briere (Ward 1) turned the act into a kind of performance art.

As the committee moves forward, she said, the members want to hear from the public art community, but also want to think about the best way to reach the public.

The goal is to work with the city staff to create a topic on the city’s A2 Open City Hall. [For detailed Chronicle coverage of that committee meeting, see "Council to Seek Feedback on Public Art Program."]

The committee’s next meeting is set for 5:30 p.m. on Monday, Jan. 14.

Comm/Comm: Environmental Commission

During her communications time, Sabra Briere (Ward 1) noted that a resolution to appoint Christopher Graham to serve on the city of Ann Arbor’s environmental commission would be on the council’s next meeting agenda.

Graham was initially appointed in 2006 and has served two three-year terms on the commission.

Graham is also a member of the executive committee of the Michigan Environmental Council.

Comm/Comm: Recall Snyder, Hieftje

During public commentary, Thomas Partridge introduced himself as a resident of Ann Arbor and Washtenaw County, and a recent candidate for the state senate and house. He stated that he was there to advance the cause of the most vulnerable. He called on the council and the public to prioritize affordable housing and countywide transportation, and to recognize that we are one community, whether we like it or not. He called for less attention on stormwater drains, and more on getting sufficient affordable housing. He called on the council to end homeless this month. He concluded by saying that mayor John Hieftje and Gov. Rick Snyder should be recalled.

Comm/Comm: Divestment from Israel

Addressing the council on the topic of divestment from Israel and Palestinian rights were Blaine Coleman and Mozhgan Savabieasfahani.

By way of background, for several years a group of people has regularly demonstrated near the Beth Israel Congregation in Ann Arbor with various anti-Israel signs. Critics of the action have described the regular demonstrations as religious harassment. Coleman has in the past stood with the group. In that context, his opening remarks can be understood as a way of responding to that criticism – by appealing to protests that have happened in the contexts of other religious institutions.

Coleman began by noting that Ann Arbor has a long history of protest against racist oppression at churches and synagogues. He showed the council a copy of the front page of a Michigan Daily from Aug. 20, 1970 that read: “Church Takeover Backs Demands for Reparations.” Another article from the Ann Arbor News, with the headline “Octogenarian Joins Fight Against Poverty,” described a sit-in at the First Presbyterian Church. [The article, from Nov. 29, 1970 also describes a court-ordered injunction against the group for disrupting church services.] Coleman described the point of the sit-ins as insisting that the country and the city keep its promises to black America.

Today, Coleman ventured, “unless you’re a racist, you will keep your promise to the Palestinian people, too. The Palestinian people are still being murdered and robbed and starved by Israel,” he said. It was human rights violations like those, Coleman said, that had led councilmember Chuck Warpehoski’s organization, the Interfaith Council for Peace and Justice (ICPJ), to publicly resolve itself to work for divestment – from all companies that sell arms to Israel.

Coleman called on Warpehoski to “keep that promise” as a city councilmember. Coleman went on to describe Israel’s actions as a “starvation siege.” And he noted that the ICPJ “brags” about its fight against hunger. Coleman ventured that “unless [Warpehoski] wants to look like a racist and liar, he will keep that promise” to work to divest the city from companies selling arms to Israel.

Coleman noted that Israel was an ally of apartheid South Africa and he characterized Israel as the “last apartheid state on earth.” Federal aid that goes to Israel should instead be spent on rebuilding cities like Detroit, Coleman concluded.

Mozhgan Savabieasfahani said she was very hopeful that the city can do more work on human rights and to promote children’s health – particularly the health of children in Gaza. She said she was hopeful because seven of the 11 councilmembers are women, and women, she ventured, are more sensitive to issues involving children’s health.

In addition, she said, Warpehoski has in the past stood for the human rights of Palestinians and against providing military aid to Israel. His election to the council elevated Warpehoski to another level, she said. She wanted to convince the council that it’s past time to stop the “genocide of the Palestinian people.” She criticized continued U.S. aid to Israel, which she called a “racist state.” She wanted to see the city council speak up against the acts that have been committed by Israel and that would lead to a change in policy – and money would be kept in the U.S. That money could be used to clean up neighborhoods, and get the homeless off the streets of Ann Arbor. She concluded her remarks with “Boycott Israel!”

Typically councilmembers do not respond directly to public comment, but occasionally they do. Warpehoski indicated that the public comment from Coleman reminded the council that there are “right ways and wrong ways, productive ways and unproductive ways” to promote respect understanding and coexistence. Eight or nine years ago, he said, the council had passed a resolution saying that democracy and the freedoms it engenders cannot exist without “civil discourse.” [This was a 2004 resolution that condemned the regular demonstrations near the Beth Israel Congregation.] He also pointed to council resolutions in 2008, 2010 and 2011 encouraging people to honor Religious Freedom – on Jan. 16.

One group in town that is “doing it right,” Warpehoski said, is the Interfaith Roundtable of Washtenaw County, led by George Lambrides.

In Ann Arbor, Warpehoski said, we like to assume we’ve got everything all worked out, but when a Muslim woman driving home from her job at the university hospital had a gun pulled on her and was told to “go home,” that indicates that there’s work yet to be done. Another example he gave was the idea of putting a swastika over the Star of David, or circulating literature saying that Jewish religious observances turn boys and girls into “monsters.”

Present: Jane Lumm, Margie Teall, Sabra Briere, Sumi Kailasapathy, Sally Petersen, Stephen Kunselman, Marcia Higgins, John Hieftje, Christopher Taylor, Chuck Warpehoski.

Absent: Mike Anglin.

Next regular city council meeting: Jan. 22, 2013 at 7 p.m. in the second-floor council chambers at 301 E. Huron. [Check Chronicle event listings to confirm date]

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Chart showing projected greenhouse gas emissions if the city of Ann Arbor does nothing, compared to enacting steps outlined in the climate action plan, which was adopted by the city council at its Dec. 17, 2012 meeting.

The council approved two grant applications for future development of at least part of the city-owned property at 721 N. Main St. as a park. It’s seen as an element of a future Allen Creek greenway that would arc northward along the railroad tracks, starting from the East Stadium bridges to the Huron River. The applications were for unspecified amounts from the Michigan Natural Resources Trust Fund (MNRTF) and the Washtenaw County parks & recreation Connecting Communities program. Last year the city received two $300,000 grants from the MNRTF – for the future skatepark at Veterans Memorial Park, and for renovations to the boating facilities at Gallup Park.

The current grant applications came in the general context of an initial recommendation made by a council-appointed task force that has been meeting since the summer. That task force has a much broader geographic charge, which includes the North Main corridor, extending eastward to the Huron River and over to the MichCon property. The task force is due to make recommendations to the council on that broader area by the summer of 2013. However, the group was asked to weigh-in specifically on the 721 N. Main property by the end of this year – because of the grant application deadlines.

The North Main task force had been appointed at the same May 7, 2012 meeting when the council had heard from representatives of 555 Nonprofit Gallery and Studios on the physical survey work necessary for another city-owned property – at 415 W. Washington. At least part of that property is also envisioned as part of a future Allen Creek greenway. After appropriating $50,000 for physical testing at its July 16, 2012 meeting, the council on Dec. 17 allocated another $32,583 after bids came back.

In addition to green space, the council’s Dec. 17 agenda included two “green” resolutions – one that adopted a climate action plan and the other calling on the U.S. Environmental Protection Agency to enforce the Clean Air Act. Ann Arbor’s climate action plan calls for a reduction in greenhouse gas (GHG) emissions of 8% by 2015, 25% by 2025, and 90% by 2050. The reductions are compared to baseline levels measured in the year 2000. The action steps identified in the climate action plan are divided into four main categories: energy and buildings; land use and access; resource management; community and health. Those categories align with the city’s sustainability framework. The plan is also coordinated with a similar effort by the University of Michigan.

Other business handled by the council included another request to the Washtenaw County water resources commissioner’s office in connection with stormwater infrastructure for a street reconstruction project. The petition requested an application for $1.4 million in low-interest loans for a three-year project in the Platt-Packard neighborhood. Also connected to bricks-and-mortar infrastructure was an additional allocation of about $148,000 for the 2012 sidewalk repair and ramp installation program – the first year of a five-year cycle, corresponding to a millage approved by voters in 2011. The total mount of the 2012 sidewalk program was about $965,000.

The council also gave its recommendation to grant a micro brewer license to Biercamp Artisan Sausage & Jerky, a retail shop located at 1643 S. State St.

Initial approval was given by the council for a revision to the city’s ordinance regulating parking on front lawns. The change will make it easier to make arrangements for events other than University of Michigan football games.

And the council approved a $90,000 project budget that will allow for documents to be submitted digitally to the planning and development department. The project includes a public kiosk for reviewing plans.

The council also heard its typical range of public commentary, with topics including pedestrian safety, towing, and Palestinian rights.

721 N. Main Grants

The city-owned parcel at 721 N. Main was the subject of two grant applications the council was asked to consider. One application was for a Michigan Natural Resources Trust Fund grant. The other was to the Washtenaw County parks and recreation commission’s Connecting Communities program.

The city considers its proposal for 721 N. Main to be a strong candidate for the Connecting Communities grant, because it incorporates paths and trails through the site that could potentially be extended to connect to the cross-county Border-to-Border Trail.

The conceptual site plan includes the following: (1) open space on the floodway portion of the site; (2) using the floodway portion of the site for stormwater management; (3) making a trail connection from Felch and Summit streets to encourage future connections to the Border‐to‐Border Trail, by looping a trail through the site; (4) areas not identified as lawn, stormwater management, or other use are assumed to be a native prairie-type landscape; (5) interpretive elements will be included; (6) parking is proposed to be provided off Summit, outside of the floodplain – parking is prohibited in the floodway; and (7) recommendations for future use of the existing building will be based on additional research.

A conceptual site plan for 721 N. Main St. The top of this image is oriented west.

The recommendation to apply for the grants stems from the work of a task force appointed by the city council at its May 7, 2012 meeting, to study an area much broader than just the 721 N. Main site. The larger area includes the North Main corridor, extending to the Huron River and including the MichCon property. The connections from 721 N. Main to the Border-to-Border Trail might be given a clearer vision when the task force delivers its recommendation to the city council in the summer of 2013. The task force was asked to provide a recommendation on the 721 N. Main site earlier than that, due to grant application deadlines.

The Connecting Communities grant application is due by the end of the year, while the Michigan Natural Resources Trust Fund Grant is due April 1, 2013. Historically, Ann Arbor has competed successfully for the statewide grants, last year receiving two MNRTF grants, each for $300,000. One was for renovations to the Gallup Park boating facilities, and the other was for the skatepark to be built in Veterans Memorial Park. Construction on the skatepark is expected to begin in the spring of 2013.

Since 1976, the MNRTF has awarded about $0.4 billion statewide. Of that, about $19 million (4.4%) has been awarded to projects in Washtenaw County. Of the projects in Washtenaw County, those in the city of Ann Arbor have received $6.4 million (32.3%). [.jpg of pie chart of statewide NRTF allocations by county] [.jpg of pie chart of countywide NRTF allocations by jurisdiction]

721 N. Main Grants: Public Comment

Bob Galardi thanked councilmembers for their service. He introduced himself as the president of Allen Creek Greenway Conservancy. He supported the grant applications. The grant money would enable transformation of the floodway portion of the 721 N. Main property into a segment of the Allen Creek greenway, he said. The conservancy considers the 721 N. Main project as a first step to create the greenway, he continued – from the newly reconstructed bridges at East Stadium and South State north to the Huron River. It’s consistent with a prior city council resolution [Aug. 15, 2012] indicating the floodway portions of the 721 N. Main site should be a part of a future greenway.

Alice Ralph and Bob Galardi sat in the audience before the city council’s Dec. 17 meeting started. Both addressed the council in support of the 721 N. Main resolutions. Ralph focused on the city’s climate action plan and also talked about the role of the city’s 415 W. Washington site. Both are board members of the Allen Creek Greenway Conservancy. (Photos by the writer.)

The development of the 721 N. Main site will be integral in connecting the existing Border-to-Border Trail to downtown Ann Arbor, Galardi said. The branch will be a key element in the development of the greenway’s master plan. After the work is done on the 721 N. Main property, he said, it would be a real and inspiring place for people to experience the greenway. And that experience people have will generate support for future greenway work. Among the benefits Galardi listed for the greenway were: space for safe, off-street non-motorized traffic; recreational space; a connector to great commercial and residential offerings; responsible floodway management; and economic benefits.

721 N. Main Grants: Council Deliberations

During communications time, Mike Anglin (Ward 5) began the deliberations on the resolutions concerning the grant applications. He traced people’s interest in the idea of a greenway back to the 1970s. It’s moving slowly, but it’s still moving forward and has momentum, he said.

When the council reached the items on the agenda, mayor John Hieftje added some background on the 415 W. Washington city-owned site, which had been the focus for a couple of years of work by the greenway and arts communities. Out of that work came the idea of trying to start with the city-owned 721 N. Main site. He said that the 721 N. Main site was more likely to win a grant from the Natural Resources Trust Fund.

Hieftje pointed out the connection to the rest of the county through the potential to Border-to-Border Trail. It’s an important step toward realizing the dream of the greenway, he said. He indicated that next year he hoped that 415 W. Washington would be the next candidate for development as part of the greenway.

Christopher Taylor (Ward 3) – who with Mike Anglin (Ward 5) represents the council on the park advisory commission (PAC) – noted that PAC had been fully briefed and is in support of the applications. [See Chronicle coverage: "Grant Applications Recommended for 721 N. Main."]

Sumi Kailasapathy (Ward 1) asked how much money the city was applying for. Hieftje indicated that it would be $300,000 from the Natural Resources Trust Fund. Sumedh Bahl, the city’s community services area administrator, was less specific, saying that the budget for the project was still being estimated. He described how the Connecting Communities grant would be used to provide matching funds for the Natural Resources Trust Fund.

Outcome: The council approved the two grant applications on two separate unanimous votes.

415 W. Washington Study – More Funds

The council was asked to authorize an additional $32,583 for the study of the city-owned property at 415 W. Washington from the general fund balance reserve. The authorization included contracts with Tetra Tech Geo for $44,498 (environmental investigation) and Rueter & Associates for $26,935 (historic structure assessment).

The council had previously authorized $50,000 for physical testing of the property. That vote had come at the council’s July 16, 2012 meeting.

The 415 W. Washington property, with its three buildings, was previously used by the city as a vehicle maintenance facility, before the construction of the Wheeler Service Center south of town on Stone School Road.

The council received a presentation at its May 7, 2012 meeting from representatives of 555 Nonprofit Gallery and Studios on the physical survey work. The 555 group has assumed responsibility for the art community’s component of an initiative established by the city council on Feb. 1, 2010 to explore a collaboration between the greenway and art communities for adaptive reuse of the property. The 555 group stepped in when the Arts Alliance could no longer devote staff time to the project. Prior to that initiative, the city had gone through an RFP (request for proposals) process for the property that did not lead to the selection of any of the three proposals that were submitted.

415 W. Washington: Public Commentary

Alice Ralph introduced herself as a Ward 3 resident on East Stadium. She was speaking as an individual, but noted she serves on the Allen Creek Greenway Conservancy board of directors. She was there to support the two resolutions that she described as steps toward a more sustainable Ann Arbor: adoption of the climate action plan, and the additional expenditure of money to do testing on the 415 W. Washington site.

The climate action plan demonstrates community support for meeting the challenges of climate change, she said. It includes reducing energy consumption, diversifying our energy and transportation choices, and improving the performance of existing and new housing stock, among other goals.

The work on the 415 W. Washington site will complete work that’s preliminary to the development of the floodway portion of the site, she noted. The investigations will also facilitate the dispositions of the buildings, which are mostly on non-floodway properties.

Both are good steps for a sustainable Ann Arbor, Ralph said, and they fit nicely together with the grant applications for 721 N. Main.

415 W. Washington: Council Deliberations

Mayor John Hieftje noted that because the resolution altered the city budget, the vote required an eight-vote majority, and that’s how many councilmembers were present. [Sabra Briere (Ward 1), Margie Teall (Ward 4), and Marcia Higgins (Ward 4) were absent.]

Jane Lumm (Ward 2) said she felt that taking funds from the general fund balance should be infrequent. However, she felt that in this case it was appropriate.

Hieftje concurred with Lumm, saying no matter what happens to the buildings [rehabbing or demolition] the information is needed.

Outcome: The council unanimously approved the additional allocation for testing and study of the 415 W. Washington site.

Climate Action Plan, Clean Air Act

The council was asked to adopt a climate action plan for the city.

Also at the meeting, the council considered a separate resolution that urges the administrator of the U.S. Environmental Protection Agency to enforce the Clean Air Act. A 2007 U.S. Supreme Court case gave the EPA the authority to regulate emission of greenhouse gases (GHGs) as pollutants – such as water vapor (H2O), carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O) and ozone (O3).

Ann Arbor’s climate action plan calls for a reduction in GHG emissions of 8% by 2015, 25% by 2025, and 90% by 2050. The reductions are compared to baseline levels measured in the year 2000. The action steps identified in the climate action plan are divided into four main categories: energy and buildings; land use and access; resource management; and community and health. Those categories align with the city’s sustainability framework. The plan is also coordinated with a similar effort by the University of Michigan.

Examples of the 84 separate individual actions include: weatherizing existing housing stock; creating a program that provides incentives to employees and residents who choose to live within two miles of their job; increasing residential and commercial greywater use; and implementing a community net-zero energy home building/renovation contest. According to the staff memo accompanying the resolution, adoption of the climate action plan does not commit the city to expenditures or other obligations.

The climate action plan was recommended for adoption by the city planning commission at its Nov. 20, 2012 meeting. It had also been recommended by the city’s energy and environmental commissions. The energy commission had initiated the project, forming a task force in August 2011 to develop the plan.

Climate Action, Clean Air: Public Comment

Susan Hutton spoke in support of adopting the climate action plan, noting that she serves on the city’s environmental commission. The city’s task is to lead by example, she said, providing residents and businesses with resources they need to achieve the city’s goals. She encouraged the council to adopt and implement the action steps in the plan. The city itself only generates 3% of the greenhouse gas emissions of the community, she said. The rest comes from residents, businesses and the University of Michigan.

So even if the city “knocks every one of its goals out of the park,” Hutton said, if the rest of us don’t do our share, the plan’s goals won’t be met. We need to understand what we ourselves need to do, she said. The plan indicates a 90% reduction by 2050, she noted. Hutton said she needs to know what she should do to help achieve that 90% goal. She asked if every resident adopting a home composting program would be enough, or if we’d need to put solar arrays on our roofs, or replace our cars with electric vehicles. She mentioned a report that suggested that global temperatures could rise by as much as 7 degrees Fahrenheit by the end of the century. She raised the possibility that extreme weather events could become more frequent. She compared the cost of investments in reducing greenhouse gas emissions to the clean-up costs from a major storm.

Wayne Appleyard introduced himself as the current chair of the city’s energy commission. He urged councilmembers to vote for the adoption of the climate action plan – saying that he was hoping for a unanimous vote. He noted that the plan is a lengthy document, which includes 84 separate actions. Climate change is real and it’s happening now, he said, and we need to do what we can now to limit its impact. He quoted from David Orr, a professor of environmental studies at Oberlin College, in support of the idea that “climate change” isn’t a strong enough term, saying that “climate destabilization” is more appropriate:

The capacity and apparent willingness of humankind to destabilize the climate conditions that made civilization possible is the issue of our time; all others pale by comparison. Beyond some unknown threshold of irreversible and irrevocable changes driven by carbon cycle feedbacks, climate destabilization will lead to a war of all against all, a brutal scramble for food, water, dry land, and safety. Sheer survival will outweigh every other consideration of decency, order, and mutual sympathy. Climate destabilization will amplify other problems caused by population growth, global poverty, the spread of weapons of mass destruction…

Appleyard noted that approving the plan doesn’t commit the council to any expenditures.

Clean Air: Council Deliberations

Chuck Warpehoski (Ward 5) noted that the Clean Air Act resolution came from the environmental commission (EC). He and the resolution’s co-sponsor, Sabra Briere (Ward 1), serve as the city council’s representatives to that body. Warpehoski said the EC had been looking at the issue for quite some time. Ann Arbor would be joining communities across the county to ask the Obama administration to use the authority it has under the Clean Air Act to regulate greenhouse gases.

He characterized the resolution and the climate action plan, which the council had later on its agenda, as additional steps in a long history of actions that Ann Arbor is taking. But Ann Arbor recognizes that a global problem like climate change is more than the city can handle on its own. National and international leadership is required, he said, as well as local leadership.

Jane Lumm (Ward 2) ventured that another “resolved” clause would be useful to direct the city administrator to forward the resolution to someone in the federal government. Warpehoski felt that the resolution didn’t necessarily need such a clause, but allowed that it’d be helpful to have one.

Mayor John Hieftje indicated that some standard language could be added on a friendly basis, without requiring a vote. Hieftje said he was happy to see the resolution and to vote for it. “Every little bit helps,” he said. He hoped that the elected representatives to Congress from this area would pay attention to the resolution, as would perhaps someone at the EPA.

Outcome: The resolution on the Clean Air Act was unanimously approved.

Climate Action: Council Deliberations

Mayor John Hieftje indicated that he felt the people who’d spoken during public commentary had explained it very well – representatives from the environmental commission and the energy commission. It’s been talked about by those commissions and it was now before the council, he said.

Jane Lumm (Ward 2) expressed her support for the plan, which sets a lot of targets. She thought it’s appropriate to set those goals. But she cautioned that the challenge will be in the plan’s implementation, which will require balancing trade-offs of the multiple priorities of city government. She was encouraged to see the mid-range goal of 25% reduction, which was aligned with the University of Michigan’s goal. The aggressive target of 90% would require implementation of almost all of the more than 80 actions, she observed. That would require large investments from various organizations, including residents and taxpayers.

Sally Petersen (Ward 2) and Jane Lumm (Ward 2).

Lumm asked city environmental coordinator Matt Naud to answer some questions. She noted that after the council’s work session on the issue, she’d asked about the cost implications. She asked Naud to explain how the costs and benefits are calculated for the CO2 reductions – saying that some of the dollar amounts are negative. Naud explained that some of the actions can be implemented without spending any money, so that meant the carbon reduction cost is negative. If you invest in energy efficiency, it can pay for itself, he said. Certain items will cost something, he said.

The city will continue to evaluate where the opportunities are, Naud said. The city is in discussions with utility companies, which want to install solar photovoltaics, potentially on city property. That could generate cash for the city, which could be re-invested in additional installations that could be used for the city’s own energy needs. As the market changes, Naud said, the city would continue to monitor things so sensible investments could be made to meet the goals in the climate action plan.

Responding to another question from Lumm, Naud described the next step as going back to work with the energy commission and staff to talk about which steps will give the city “the biggest bang for the buck” in the immediate future. Whatever is developed as a proposal would be brought back for approval by the city council, he said.

Responding to further questions from Lumm, Naud explained that “no regrets” steps are “things we would do anyway,” which would have significant climate benefits. For example, Naud said, $250 million is spent citywide on natural gas electricity – and about 10% of that could be saved with caulk. If the University of Michigan is $110 million of that, that’s $140 million for businesses and residents. So saving 10% would translate into putting $14 million back into the local economy, Naud concluded. But that is also a huge greenhouse gas reduction, he said. So that’s a “no regrets” option, whether you believe in climate change or not, he said.

It’s also important to integrate the most recent climate science, Naud said. He mentioned the Great Lakes Integrated Sciences and Assessments as having some of the smartest climate scientists in the country. But they don’t necessarily understand the questions a municipality might have. As an example, he said that the city builds the stormwater system to handle a 10-year storm. Or the floodplain is regulated to contend with a 100-year storm. The city needs to know what a 100-year storm looks like in 2025, Naud said. So it’s important to work with climate scientists to make clear those specific information needs.

Hieftje reminded the council that in 2005 he’d made a green energy challenge, which called for the city to achieve 15% renewable energy by 2010. The energy commission had increased that target to 20%, he said. That target had been missed by a bit, he said, but had been achieved by 2011. He noted that conservation was the city’s key strategy. The next challenge, he said, would be to get residents citywide involved in the effort.

Outcome: The council unanimously approved the adoption of the climate action plan.

Stormwater Petition: Springwater

The council was asked to authorize a request of the Washtenaw County water resources commissioner to apply $1.45 million in state revolving fund loans. It’s part of a street reconstruction project in the Springwater subdivision – with an overall project cost of $5.17 million.

The general location of the area is Platt and Packard roads. Streets that are part of the project include Nordman Road, Butternut Street, Springbrook Avenue, and Redwood Avenue.

The street reconstruction will use a traditional asphalt surface, but the management of stormwater will be achieved through oversized stormwater pipes. Construction is expected to start in late 2013 and will last three years. Sanitary sewer issues will also be addressed as part of the project.

Reimbursement from the city’s stormwater fund to the office of the water resources commissioner will be in installments of $88,677 per year. This petition made by Ann Arbor to the water resources commissioner comes after the council’s approval of three similar petitions, for other areas of the city, at its Dec. 3, 2012 meeting.

Outcome: The council approved the petition without discussion.

More Money Approved for Sidewalk Repair

The council was asked to authorize another $147,962 for repair of sidewalks and construction of ramps in accordance with the Americans with Disabilities Act. The vote to approve the change order brought the total contract with Doan Construction Co. for the 2012 program to $964,991. [.pdf of map showing areas where work was done]

The funding source being tapped is the sidewalk repair millage, which was approved by voters in November 2011.

Outcome: The council approved the authorization without discussion.

Micro Brewer License for Biercamp

The council was asked to consider a recommendation that Biercamp Artisan Sausage & Jerky, a retail shop located at 1643 S. State St., be granted a micro brewer liquor license.

According to the staff memo accompanying the resolution, Biercamp intends to brew small batches of beer in growlers for off-site consumption to complement their artisan meats. A micro brewer license limits the amount of beer produced to no more than 30,000 barrels per year. A barrel is 31 gallons.

The owners of Biercamp had previously hoped for a rezoning of the parcel to allow for the sale of more products not manufactured on site. That rezoning request was ultimately denied by the city council at its Feb. 21, 2012 meeting.

Biercamp: Council Deliberations

Mike Anglin (Ward 5) noted at the council’s Dec. 10 planning session, the topic of increased economic development had been discussed. The recommendation of the micro brewer license was an example of facilitating economic development, he said. He observed that Biercamp was not asking for a subsidy.

Sally Petersen (Ward 2)

Chuck Warpehoski (Ward 5) said he’d support the recommendation for a micro brewer license, adding that if Biercamp’s beer is as good as their jerky and sausage, he couldn’t wait to try it. Jane Lumm (Ward 2), who serves on the council’s liquor license review committee, noted that the application indicates Biercamp will be brewing “small batches,” and ventured that it sounded like something everyone will want to check out.

Sally Petersen (Ward 2) asked if anyone knew what a “growler” is – it had been mentioned in the staff memo. Mayor John Hieftje explained that it’s a container for beer. [A standard size is a half-gallon.] Hieftje offered a description of Ann Arbor residents of German heritage, who in the past would order a pail of beer to take home.

Outcome: The council voted unanimously to recommend Biercamp for the micro brewer license.

More Front Yard Parking

The council was asked to consider a more flexible local ordinance regulating the ability of residents to park cars in their front yards.

The change in local law, if given final approval at a future council meeting, would allow the city council to establish “special event dates” for temporary front open space parking. The current ordinance allows people to use their front yards for parking for University of Michigan football games. The ordinance change includes a provision explicitly to include “scrimmages,” which will accommodate the annual spring game.

The ordinance change was motivated part by the possibility that UM football stadium events might in the future not necessarily be restricted to football games. For example, a National Hockey League game, between the Detroit Red Wings and the Toronto Maple Leafs, had been scheduled for Jan. 1, 2013 at Michigan Stadium. It was canceled earlier this year due to ongoing labor disputes between the NHL and its players’ association.

The city planning commission recommended approval of the change at its Nov. 7, 2012 meeting.

Outcome: The council voted, without deliberations, to give the ordinance changes initial approval. Final approval will come at a future meeting after a public hearing.

Digital Plan Submission Software/Hardware

The council was asked to authorize a $61,000 contract with CRW Systems Inc. in a total project budget of $90,000 for implementing a digital system to submit plans to the city’s planning and development department. The budget includes a kiosk for public viewing of documents and large-screen monitors.

During deliberations, Jane Lumm (Ward 2) said she felt that the switch to digital plan submission made sense, but wondered if there’d been any resistance from those who have to submit plans. City planning manager Wendy Rampson described it as actually quite a “hassle” for people to put the plans in paper form. The city has heard from some people that they’d prefer the city not post AutoCAD files – out of concerns for proprietary information. Files in .pdf form should be adequate, she said, and that format also gives citizens better access.

Sumi Kailasapathy (Ward 1) asked if there were specific cost savings associated with the change. Sumedh Bahl, community services area administrator, gave as an example that when the city planning staff makes comments on drawings, someone has to transcribe the comments onto another set of drawings – which is a manual process with paper drawings, he explained. If a project undergoes 2-3 reviews, someone has to do it over and over. With this software the council was authorizing, he explained, you type it once and it’s done. Another example he gave was that for commercial buildings, the drawings have to be available for the life of the structure. By changing to a digital format, much less space will be required for the physical storage of the drawings.

Outcome: The council approved the digital plan submission item on a unanimous vote.

Communications and Comment

Every city council agenda contains multiple slots for city councilmembers and the city administrator to give updates or make announcements about important issues that are coming before the city council. And every meeting typically includes public commentary on subjects not necessarily on the agenda.

Comm/Comm: Video Surveillance

During communications time at the end of the meeting, Chuck Warpehoski (Ward 5) alerted other councilmembers to an ordinance that he and Mike Anglin (Ward 5) would be bringing forward to regulate the use of video surveillance.

Left to right: Mike Anglin (Ward 5) and city administrator Steve Powers share a laugh before the Dec. 17 meeting started.

Warpehoski said that the Ann Arbor police department doesn’t currently use that technique, but there’d been some concerns in other communities. So the city’s human rights commission had been working to craft a legal framework that respects privacy concerns. The city’s legal staff is still putting the final touches on the ordinance language, he said.

By way of additional background, former Ward 1 councilmember Sandi Smith had announced at a council meeting over a year ago, on Aug. 4, 2011, that she’d be bringing a video surveillance ordinance for consideration at the council’s Sept. 6, 2011 meeting. And a year before that she’d indicated the human rights commission would be working on the issue.

Comm/Comm: Towing

During communications time at the end of the meeting, Chuck Warpehoski (Ward 5) said that after the council had enacted a revision to the city’s towing ordinance – which makes it more straightforward for cars to be towed that are being stored on city streets without being moved – he’d heard from constituents with a question: What happens when I go on vacation?

Warpehoski reported that Ann Arbor chief of police John Seto had advised him and Mike Anglin (Ward 5) that residents can contact the community standards department before leaving to alert the department of their planned vacation. Community standards employees would then either not ticket or delay the enforcement cycle. He compared it to asking the post office to hold your mail.

During public commentary at the start of the meeting, a different type of towing was discussed – when someone parks in a private lot that has a contract with a towing company. Lon Cooke told the council he’d built a house and moved into the area about a year and half ago. [After the meeting, Cooke told The Chronicle he'd moved from North Dakota, to be near family.] He lives on Scio Church Road, west of Zeeb Road, he said, and he often comes into town to go to the market and to shop. He described a recent visit to Kerrytown and to Treasure Mart, when he’d parked in a vacant lot.

After about 15 minutes, Cooke’s car was towed. He didn’t know who had towed the car or who to contact. Eventually they learned that Glen-Ann Towing had towed it. He had to go to the Glen-Ann office to pay the charges: $120 for the towing; $65 for the jacks; a $7 surcharge; a $40 release fee and $30 administrative fees; and $20 for storage. That was $282 that had to be paid in cash, he reported. So he had to go to an ATM. The driver of the wrecker, he said, told him there’s a “fleet of wreckers” from that firm and another firm that patrolled the area targeting potential cars that could be towed. He characterized it as a predatory situation. Cooke indicated he wouldn’t come downtown to Ann Arbor to shop until the situation is rectified.

Comm/Comm: Crosswalk Behavior

During communications time at the end of the meeting, Sumi Kailasapathy (Ward 1) said she was happy to receive an email from city administrator Steve Powers about enforcement of the crosswalk ordinance near schools. If a community can’t take care of its children, nothing really matters, she said.

During public commentary at the conclusion of the meeting, Michael Benson spoke about the issue of pedestrian behavior at crosswalks. Based on his observations at the rapid flashing beacons that the city has installed along Plymouth Road, when pedestrians activate the beacons, the signals immediately begin flashing – there’s no delay between activation and flashing, he said. That led to pedestrians entering the crosswalk immediately, assuming they could cross safely. He suggested that the blinking be delayed slightly after activation, which might cause pedestrians to pause before entering the cross walk.

And Kathy Griswold used the council’s agenda item on the approval of the $148,000 for the sidewalk program as an occasion to advocate for a range of pedestrian safety issues. She asked the council to balance out its funding for transit. Transit begins at the sidewalk, she said, not at the railroad tracks or the bus stop. If we want people to use transit, she said, then non-motorized transportation funding needs to be provided. She’d just attended a meeting about the non-motorized transportation plan review. She had reviewed the proposed update of the plan for 2012 and reported that “I have to say, I’m incensed. I’m so angry.” She was angry because the funding mechanism identified is Safe Routes to School, she said. Ann Arbor is a wealthy community – with money to plan for buses and trains. So she said “it’s time we thought about our children.” Some children are walking in the dark to school without sidewalks, she said.

She questioned the appropriateness of using “Pedestrians Rule” as a motto in educational material, because they don’t rule, she said. She felt the use of such material was a result of excluding traffic and transportation engineers from participation in the development of such material. She contended that signage at crosswalks is inconsistent with the crosswalk ordinance. [The signs admonish motorists to stop for pedestrians in the crosswalk. That's what Ann Arbor's ordinance requires. It also requires that motorists stop and "yield the right-of-way to any pedestrian stopped at the curb, curb line or ramp leading to a crosswalk."] Griswold also complained that the city is not enforcing sight-distance ordinances at crosswalks.

Comm/Comm: Palestinian Rights

Henry Herskovitz reported that he’d read in December’s Washtenaw Jewish News an article with the headline: “Interfaith Council for Peace and Justice condemns synagogue protests.” [.pdf of WJN article] [Herskovitz participates in the weekly demonstrations near the Beth Israel Congregation. Ward 5 councilmember Chuck Warpehoski is the executive director of the Interfaith Council for Peace and Justice.]

In a previous issue of the Jewish News, Henry Brysk had criticized Warpehoski, who was then a candidate for city council, calling him a “‘nuanced anti-Zionist’ as if that’s a bad thing,” Herskovitz said. Herskovitz quoted from the piece by Brysk: “The ICPJ has refused to condemn the Herskovite harassment of Beth Israel Congregation …” Herskovitz indicated that he felt there’s a cause-and-effect relationship between the Brysk’s criticism of Warpehoski and the ICPJ’s condemnation of the demonstrations. [.pdf of Brysk's letter in WJN, published in the summer 2012 issue]

Herskovitz stated that it was unfortunate that the Jewish community in Ann Arbor wielded more power than its relative percentage of the population. Herskovitz drew a comparison of cause-and-effect from eight years ago, when the council and the mayor received a letter from Barry Gross complaining about the council’s lack of action about the weekly demonstrations. Herskovitz quoted from the letter: “The time when your silence was acceptable is long past. The 470 family units in our congregation virtually all live in Ann Arbor. We are avid voters. We are watching closely for your response.” A short time later, the council passed a resolution condemning the weekly demonstrations, Herskovitz said.

Herskovitz noted that the previous month new councilmembers had been sworn into office. That oath includes a promise to uphold the U.S. Constitution, which includes the right of free speech. He indicated that he thought the council was abdicating its responsibility to uphold the Constitution, based on “bullying tactics of a small but powerful group.” He asked the council to remember its oath to uphold the Constitution.

Blaine Coleman began by stating, “Ann Arbor city council must boycott Israel at last.” Chuck Warpehoski had won election to the council, because he heads a well-known peace group [ICPJ], Coleman contended. The ICPJ had voted for a resolution urging the city to divest from the Israeli military. However, since being elected, Warpehoski has not abided by the ICPJ’s resolution, he said, and had instead become the “opposite of a peace activist.” Warpehoski has not said one word to defend the people of Gaza, Coleman said.

Chuck Warpehoski (Ward 5)

Since his election, Warpehoski has apparently forgotten how to pronounce the word “Palestine,” Coleman said. Coleman accused Warpehoski of joining the Israeli war effort against Palestine by denouncing the only Palestinian rights vigil in Ann Arbor. Since election to the council, Coleman contended, Warpehoski is “all over AnnArbor.com denouncing the Palestine vigils, and he won’t shut up about it.”

Coleman indicated that he felt Warpehoski is acting increasingly like a “racist coward.” He called on Warpehoski to change quickly or quit the council. Coleman described the demonstrators Warpehoski had condemned as “peaceful vigilers for Palestinian rights … silently holding signs against Israeli atrocities on Washtenaw Avenue.” He noted that the demonstrations are entering their 10th year. He described some of them as leaning on canes due to age and infirmity.

By way of additional background, over a year ago Coleman filed suit, represented by the ACLU, against the Ann Arbor Transportation Authority for rejecting a proposed anti-Israel advertisement for the sides of its buses. The court ruled in favor of Coleman’s request for a preliminary injunction, but the nature of the relief was not to force the AATA to place the ad. The AATA has revised its advertising policy, and the court has ordered the AATA to reconsider the original ad or a revised one. In an email sent to The Chronicle by Daniel Korobkin, the ACLU attorney on the case, he indicated that the ad to be re-submitted will be the same as the original ad.

Comm/Comm: Kuhnke Thanked

Carol Kuhnke, judge-elect of the 22nd circuit court, was presented with a proclamation honoring her 13 years of service to the city – on the zoning board of appeals.

Carol Kuhnke was honored for her service on the city’s zoning board of appeals.

The proclamation notes that she was first appointed to that body by then-mayor Ingrid Sheldon, and subsequently re-appointed by mayor John Hieftje. In the race against Jim Fink, Kuhnke won election on Nov. 6 to the open seat being left by retiring judge Melinda Morris.

The proclamation appoints her to the “honorary office of Retired Emeritus Chair of the Zoning Board of Appeals.” In her brief remarks to the council, Kuhnke said she enjoyed her time on the ZBA and looked forward to serving justice and the citizens of Washtenaw County.

Comm/Comm: Greenbelt

Christopher Taylor (Ward 3), in his role as the city council’s representative on the greenbelt advisory commission, reported on a successful closing of a conservation easement. It was on the Van Natter property, which is about 20 acres located along Joy Road, just west of Zeeb. He described it as contiguous with an existing block of about 1,100 protected acres in Webster Township. Sheep and chickens are raised on the farm, Taylor said.

Comm/Comm: Lame Duck – PPT

City administrator Steve Powers indicated that staff are still sorting through the items from the state legislature’s lame duck session. There’s not a full report yet, but the changes to the personal property tax law (on business equipment) were approved. Powers noted that the budget projections that the council had been shown at their Dec. 10 planning session had assumed those changes would be made to the personal property tax law, which decreases revenue to the city.

The city is projecting the following impacts to the general fund from the change to the PPT law: FY 2014 ($257,573); FY 2015 (257,598); FY 2016 ($422,068); FY 2017 ($471,409). However, the city expects to end this year (FY 2013) with a roughly $100,000 surplus to its general fund, on a budget of $79 million. The city currently projects a $1.2 million surplus for FY 2014, but after that a roughly break-even year in FY 2015 and a deficit of $800,000 and $1.5 million the following two years. The city’s fiscal year runs from July 1 through June 30.

Comm/Comm: Newtown Shootings

As a part of his city administrator’s report, Steve Powers indicated that chief of police John Seto had reached out to the Ann Arbor Public Schools to offer any assistance and support that could be provided in the wake of the tragic shooting deaths of elementary school children in Newtown, Conn.

Comm/Comm: Solar Panels

During public commentary at the start of the meeting, Kermit Schlansker criticized Detroit Edison for building a power source using photo-voltaic cells. Solar installations on the roofs of large buildings are a far more effective way of spending money, because solar energy shouldn’t just be used for making power, but also for space heating, air conditioning, hot water, and alcohol distillation. He called on the city to demonstrate this idea by putting a power plant on the roof of the city hall building.

During public commentary at the conclusion of the meeting, Michael Benson lamented the aesthetics of the solar panels that the University of Michigan has installed along Stone Road, which obscure what he described as a lovely city street.

Comm/Comm: What Would Jesus Say?

During public commentary at the start of the meeting, Thomas Partridge noted that it was nearly Christmas Eve. He wondered what Jesus would say, if he were walking through the Middle East today, an area plagued with turmoil. “Would Jesus not advocate here tonight before this council budgeting … to protect America’s most vulnerable residents by expanding human rights?” Jesus would call for advancing the cause of access to affordable housing and transportation, he said. These issues should always be given priority on the council’s agenda, and in every courtroom, and every place of worship. He called on the council to put first human rights and to advance the cause of the most vulnerable. He characterized as “ironic” the name of the program to which Ann Arbor was applying for support for the 721 N. Main project – Connecting Communities. Ann Arbor had not yet achieved connections within its own community, he said.

During public commentary at the conclusion of the meeting, Partridge introduced himself as a recent candidate for the state senate and house. He called himself an advocate for all those who are not able to attend this and other public meetings. He told the council that he’d been informed that he was held in high regard by many people and is considered the alternate mayor of the city of Ann Arbor. He criticized mayor John Hieftje for disregarding the most significant issues of our time.

Present: Jane Lumm, Mike Anglin, Sumi Kailasapathy, Sally Petersen, Stephen Kunselman, John Hieftje, Christopher Taylor, Chuck Warpehoski.

Absent: Margie Teall, Sabra Briere, Marcia Higgins.

Next council meeting: Monday, Jan. 7, 2013 at 7 p.m. in the council chambers at 301 E. Huron. [Check Chronicle event listings to confirm date]

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The city considers its proposal for 721 N. Main to be a strong candidate for the Connecting Communities grant, because it incorporates paths and trails through the site that could potentially be extended to connect to the cross-county Border-to-Border Trail.  [.jpg of conceptual 721 N. Main site plan]

The conceptual site plan includes the following: (1) open space on the floodway portion of the site; (2) floodway portion of the site used for stormwater management; (3) trail connection from Felch and Summit streets encourages future connections to Border‐to‐Border Trail, looping trail through the site; (4) areas not identified as lawn, stormwater management, or other use are assumed to be a native prairie-type landscape; (5) interpretive elements will be included; (6) parking is proposed to be provided off Summit, outside of the floodplain – parking is prohibited in the floodway; and (7) recommendations for future use of the existing building will be based on additional investigations.

The recommendation to apply for the grants stems from the work of a task force appointed by the city council at its May 7, 2012 meeting, to study an area much broader than just the 721 N. Main site. The larger area includes the North Main corridor, extending to the Huron River and including the MichCon property. The connections from 721 N. Main to the Border-to-Border Trail might be given a clearer vision when the task force delivers its recommendation to the city council in the summer of 2013. The task force was asked to provide a recommendation on the 721 N. Main site earlier than that, due to grant application deadlines.

The Connecting Communities grant application is due by the end of the year, while the Michigan Natural Resources Trust Fund Grant is due April 1, 2013. Historically, Ann Arbor has competed successfully for the statewide grants, last year receiving two MNRTF grants, each for $300,000. One was for renovations to the Gallup Park boating facilities, and the other was for the skatepark to be built in Veterans Memorial Park. Construction on the skatepark is expected to begin in the spring of 2013.

Since 1976, the MNRTF has awarded about $0.4 billion statewide. Of that, about $19 million (4.4%) has been awarded to projects in Washtenaw County. Of the projects in Washtenaw County, those in the city of Ann Arbor have received $6.4 million (32.3%). [.jpg of pie chart of statewide NRTF allocations by county] [.jpg of pie chart of countywide NRTF allocations by jurisdiction]

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