Figure 1.  Participants in Barracuda’s hackathon programmed their computers to play a game based on a 7×7 grid of squares. The game can also be played between human beings using pen and paper. The basic idea can be described as trying to join two opposite sides of the grid with a connected path consisting of squares you “own.” This image depicts the state of a game board resulting in an agreed-upon draw between an Ann Arbor city councilmember (pink squares, horizontal) and Chronicle editor Dave Askins (green squares, vertical). (Grid by The Chronicle.)

And 24 hours later, the winning team of programmers was handed one of those goofy Publishers-Clearinghouse-style giant checks – for $3,141.59. Second place was $1,414.21. And third place was $602.21.

Those dollar amounts might strike you as funny – because you think they make no sense, or because you think they make perfect sense. But a regular Chronicle reader might look at those numbers without laughing, and calculate as follows: The sum of the prize money is $5,158.01 – which divides perfectly (12 times) into the estimated 61,896.12 total value of a five-year tax abatement recently granted by the city of Ann Arbor to Barracuda. Uncanny, no?

It’s the tax abatement that has resulted in relatively frequent mentions of Barracuda in The Chronicle over the last few months. The process for granting such an abatement includes four separate actions by the city council. So it was the council’s action that The Chronicle was covering, more than anything Barracuda itself was doing.

Now, I confess that I fudged the estimated value of the tax abatement, to get the math to work out. The numbers provided by the city of Ann Arbor’s financial staff pegged the value of the tax abatement at around $61,000 – nothing so precise as $61,896.12. Still, there is an actual connection between the tax abatement and the roomful of UM students who were participating in Barracuda’s 24-hour competition.

That connection relates to a condition of the tax abatement. To receive the tax advantage, Barracuda must add another 144 employees (a perfect square? seriously?) to its Ann Arbor operation. And to make room for all those additional employees, Barracuda’s operation is moving from its current Depot Street location to the old Borders corporate headquarters in downtown Ann Arbor – off Maynard Street, under the parking structure.

The hackathon event was part of the company’s strategy to recruit new employees.

I had to miss the hackathon, but still wanted to offer Chronicle readers a sense of the kind of game the students were programming their computers to play. So I asked Barracuda for the rules and invited an Ann Arbor city councilmember to play a pen-and-paper version.

It’s a familiar kind of game where you find yourself focused sometimes on playing to win and other times on playing not to lose.

The game was made up by Barracuda software engineer Jeremy Bowers. It’s played on a 7×7 grid of squares. Without giving away precise details of game rules – because Barracuda would like to use the game at future hackathon-style recruiting events – each of two players tries to get control of squares in an effort to join opposite sides of the board with a connected path of squares. One player is trying to connect the sides of the grid horizontally; the other is trying to make the connection vertically. The first player to connect wins. (Barracuda has not named this game.)

It was Ward 1 city councilmember Sandi Smith that I invited to play a pen-and-paper version of Barracuda’s recruitment game – for a couple of reasons. Mainly, I wanted to set myself up with an excuse in case I lost. The game is at least partly about claiming “real estate.” And Smith is president of Trillium Real Estate, so she should plausibly have some kind of advantage with whatever expertise she has as a Realtor. The “connecting” aspect of things is also right up Smith’s alley. As an Ann Arbor Downtown Development Authority board member, she’s working on a projected called Connecting William Street – an effort to master plan an area of the downtown that includes five city-owned properties, all of which are currently used for parking.

In the paper-and-pen version I cobbled together, I thought it would be useful to color the squares as a way of keeping track, given that neither of us are computers. The image in Figure 1 above is a re-creation of the state of the board when we stopped – after about an hour of play, including discussion of the rules.

At that point, we each had $8 left in our respective banks, and there was one square remaining that was of any interest to either of us. The square – in the fourth row, sixth column – would have completed a connection, winning the game for whoever claimed the square. On the next turn of the game, the only rational play for each of us was to attempt to claim that square, using all of our remaining funds –$8. And the rules would have awarded that square to the winner of a coin flip.

Smith summed it up by characterizing our extended gameplay as just a very complicated way to flip a coin. And we agreed to a draw – because we are human beings, not computers.

There’s probably a lesson in there somewhere for local Ann Arbor politics.

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Barracuda is a computer network security company. On its application for the abatement, Barracuda indicates that it currently has 155 employees who will be retained due to the abatement. The firm expects to add 144 employees by July 1, 2014. The property on which Barracuda is requesting the abatement ranges from cubicles and desk chairs to telephone network equipment and wiring.

The tax abatement agreement between the city of Ann Arbor and Barracuda makes the expectation of 144 new hires an explicit condition on receiving the abatement: “Barracuda Networks will add not less than one hundred forty four (144) jobs at the facility named on the Application as compared to its number of employees as of the effective date of the Certificate. If Barracuda Networks adds less than one hundred forty four (144) additional jobs by December 31, 2014, Barracuda Networks shall have materially breached the terms of this Agreement and the City shall have the right to recommend revocation of the Certificate subject to provision 10 of this agreement to the State Tax Commission or taking other appropriate legal action in connection with the default.”

The council had voted at its Sept. 4 meeting to set the public hearing. And the council had previously set a hearing on the establishment of an industrial development district (Michigan’s Act 198 of 1974) at 317 Maynard St. in downtown Ann Arbor and voted to establish that district at its Aug. 9, 2012 meeting. That set up the opportunity for Barracuda Networks to apply for a tax abatement as it moves from its current location on Depot Street to the downtown site. [.jpg of parcel map showing 317 Maynard] [.jpg of aerial photo showing 317 Maynard]

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]

One item was apparently not handled the way that the majority of the council wanted, due to the absence of two councilmembers – Carsten Hohnke (Ward 5) and Marcia Higgins (Ward 4).

Left to right: Ann Arbor city councilmembers Tony Derezinski (Ward 2), Jane Lumm (Ward 2), Christopher Taylor (Ward 3). (Photos by the writer.)

That item was a $60,000 appropriation – the city’s portion of a $300,000 local match for continued study of the Plymouth/State corridor, from US-23 and Plymouth southward along Plymouth to State Street, extending south to I-94. The local match is needed for a $1.2 million federal grant that has been awarded for the study. This alternatives analysis phase follows a basic feasibility study. The current study is supposed to result in a preferred choice of technology (e.g., bus rapid transit, light rail, etc.) as well as identifying stations and stops.

Because the $60,000 transfer from the general fund was a change to the city budget, it needed the votes of eight members on the 11-member city council. When Mike Anglin (Ward 5) led off the roll call by voting against it, it was clear that the council would have no more than seven votes in favor – because Jane Lumm (Ward 2) had already made plain during deliberations that she’d be voting against it. So some councilmembers voted against the resolution in order to be on the prevailing side. That gives them the right under parliamentary rules to bring back the item to the council’s next meeting for reconsideration. At that meeting it’s possible, but not certain, that supporters of the funding will have the necessary eight votes.

Several items on the agenda dealt with land use. The council gave final approval to a rezoning request for Knight’s Market, which will allow for expansion of the market at Spring and Miller streets. Winning initial approval was a rezoning requested by the developer of proposed townhouses on Catherine Street – from its current planned unit development (PUD) zoning to R4C (multi-family residential). Rezoning for part of a parcel in connection with a planned Speedway gas station at Maple and Miller also got the council’s initial approval. A related site plan for the station got its one and only required approval.

Also connected to land use was the council’s addition of two more properties to the greenbelt, using about $0.5 million in city funds from the open space and parkland preservation millage. The land from the two properties totals around 226 acres. Lumm cast a lone vote of dissent.

The council also authorized disbursements of community events funds to 13 organizations totaling $44,778, the bulk of which went to the Ann Arbor Summer Festival’s Top of the Park.

And the council set a public hearing for Oct. 1 on a tax abatement for Barracuda Networks. The firm is relocating to downtown Ann Arbor from its current location on Depot Street, in part to accommodate an additional 144 employees it expects to hire by July 1, 2014.

$60K for Transit Study

The council was asked to consider allocating $60,000 of general fund money for a study of a transportation corridor from the northeast of Ann Arbor to the city’s southern edge.

The measure needed eight votes to pass on the 11-member council – not a simple majority of six – because it was a change to the budget.

The contribution from the city of Ann Arbor is meant to help the Ann Arbor Transportation Authority move ahead with an alternatives analysis for the corridor. The corridor runs from US-23 and Plymouth southward along Plymouth to State Street, continuing south to I-94. This alternatives analysis phase of the study would result in a preferred choice of technology (such as bus rapid transit or light rail, for example) and identification of station and stop locations.

The city’s $60,000 would be a portion of $300,000 in local funding that had been identified to provide the required match for a $1.2 million federal grant awarded last year to the AATA for the alternatives analysis phase. The breakdown of local support is intended to be: $60,000 from the city of Ann Arbor; $150,000 from the University of Michigan; and $90,000 from the AATA.

In November 2011, Michael Ford, CEO of the AATA, had updated the AATA board on the possible timeline for the alternatives analysis. He said that phase, in which a preferred technology and route with stop locations would be identified, would take around 16 months.

The AATA board information packet for its June 21, 2012 meeting described the hoped-for $60,000 contribution from the city of Ann Arbor.

The resolution in front of the council highlighted the fact that the AATA had recently purchased from the city a six-foot-wide strip of land on the former Y lot, immediately to the south of the location for the planned new Blake Transit Center in downtown Ann Arbor. The strip of land was priced at $90,000, based on an independent appraisal. The AATA board approved its side of that deal this spring at its April 26, 2012 meeting. The city council had approved the land sale almost a year ago, at its Sept. 19, 2011 meeting. The total parcel area was 792 square feet. A more general discussion of the city’s policy on the proceeds of city-owned land sales will unfold over the next few weeks.

A feasibility study for the corridor costing $640,000 has already been completed. That initial study concluded that some type of improved high-capacity transit system would be feasible – which could take the form of bus rapid transit, light rail transit or elevated automated guideway transit. That study had been funded through a partnership with the city of Ann Arbor, the Ann Arbor Downtown Development Authority, University of Michigan and the AATA. Chronicle coverage of that feasibility study includes: “Transit Connector Study: Initial Analysis“; “AATA: Transit Study, Planning Updates“; and “Washtenaw Transit Talks in Flux.”

$60K for Transit Study: Council Deliberations

Jane Lumm (Ward 2) had sent several written questions to city staff about the connector study funding prior to the Sept. 4 council meeting. One of those was about the possible use of the city’s alternative transportation fund – instead of the city’s general fund – to pay for the study.

She led off the council’s deliberations essentially by questioning the accuracy of information she’d received about the use of the alternative transportation fund, which receives its revenue from Act 51 money. [Act 51 handles the distribution of revenue from fuel taxes and vehicle registration fees.]

She told city transportation program manager Eli Cooper that she didn’t see why the alternative transportation fund couldn’t be used to pay for an alternative transportation study. The written answer Lumm had received from Cooper was this: “Act 51, the source of the alternative transportation fund, does not allow for capital planning programs beyond street and non-motorized transportation.” Cooper noted that Act 51 has a provision in it called the “comprehensive transportation fund,” which covers a whole array of transportation. But the distribution of Act 51 money to local communities is more narrowly focused, Cooper explained. Local Act 51 money is for major streets and non-motorized transportation. Lumm ventured that major streets are involved in all the various alternatives – unless we’re looking at something out of the Jetsons, she quipped.

Lumm then pressed for an answer to a question she’d submitted about why the item had not been in the FY 2013 budget. The written answer she’d received was this: “It was included in the CIP [capital improvements plan] for FY 2014. The timing of the investment has been accelerated due to the interest of the stakeholders and availability of grant funding.”

Lumm told Cooper that as far as the item being in the CIP, to that she’d say: “So are lots of things.” She noted that the AATA was notified about the grant in December 2011 – well in advance of the development of the budget and the council’s adoption of it [in May 2012].

Cooper told Lumm that although the AATA was notified by Congressional offices in December that the grant would be coming, it wasn’t a certainty and the paperwork hadn’t been completed at that time. The AATA still had to go through the process of negotiating a fair local share amount from the local partners, he explained. The $60,000 request reflects a belief in the feasibility of a higher-capacity advanced technology transportation system in the corridor – and federal support was made available through the work of the Federal Transit Administration and the region’s Congressional delegation. Given the participation of other local stakeholders, this was the best timing staff could do to bring the request forward, Cooper said.

City administrator Steve Powers, who started on the job about one year ago, offered that he’d take responsibility for the timing. He’d been learning Ann Arbor’s budgeting process and was still learning the specific details of the project. The “missed timing” is ultimately his responsibility, Powers concluded.

Councilmembers Jane Lumm (Ward 2) and Mike Anglin (Ward 5).

Mike Anglin (Ward 5) asked where Cooper saw the project going after this phase? What would the memorandum of understanding between the city, the University of Michigan and the AATA include? Cooper indicated that it’s an 18-month and $1.5 million project. The feasibility study had shown the city who will benefit – whether that’s the University of Michigan, the downtown, and the community at large. After the alternatives analysis, better information will be available about the type of transportation technology and the cost and the various beneficiaries. At that point, it would be brought back to the city council on a “more informed basis,” Cooper explained.

In the case of the alternatives analysis study, Cooper said, it’s a situation where the one of the local partners – the University of Michigan – had volunteered 50% of the local match. He didn’t have a set answer, but in a year and a half, he expected that he’d have better information about proportionate shares of building a system – assuming the council gave its authorization to the $60,000 request.

Anglin said he had objected to the countywide transportation plan because it had included a rail station at the Fuller Road location, and it looked like the connector study was dealing with that location as well. As the University of Michigan looks at its bus system and the frequency of service that’s needed in that corridor for the university’s needs, this might be a better system for them than they have now. This seems like a system that services the university, he said. On the southern end of the corridor, Briarwood Mall is served by traffic from the interstate. He didn’t see the need to bring a connector service that far south. The part that’s needed is the part that provides a connection between the university’s campuses. He called it unfortunate that this becomes wrapped up in claims of ridership by the AATA. He asked Cooper if UM ever thought the connector could be entirely the university’s project.

Cooper told Anglin that as he has been involved in the conversation, it’s not been a matter of trying to measure how much one party would benefit. Instead, he characterized it as a “bunch of stakeholders around a table.” With respect to the future ridership, an unanswered question currently is: Who would be the owner and operator of the system? Cooper pointed out that the university had convened an advanced transit technology forum, which the city had attended. Cooper said he looked at this as collaboration. Ridership on the system – whether it’s a bus rapid transit system or a light rail system – will benefit both the university and the city’s downtown.

Cooper observed that the city had recently completed construction of the underground parking garage in the downtown, and said the city needs to have transit to complement the investment in the parking structure. As a transportation planner with gray hair and many decades of experience, he said, he would recommend continuing to provide support for all types of mobility. The feasibility study had shown that there’s a substantial demand, Cooper said. He allowed that Anglin is correct – a large part of that demand comes from the university.

However, the benefits will accrue to the entire community, Cooper said. The people taking trips provided by a connector transit system will not be competing for space on the road system. We’re moving beyond the automobile and the bus – whether that’s bus rapid transit, light rail or commuter rail, he said. This will continue to require study to find the most efficient and effective way to use public resources. There’s no denying the fact that these are capital intensive programs, he allowed. It will require support from the federal, state and local governments – and private partners as well, he said.

Sabra Briere (Ward 1) supported many of Anglin’s questions about who benefits from the system. She also had some basic factual questions.

How many bus trips take place between the UM medical campus and north campus? Briere asked. Cooper gave a per-day passenger figure of 30,000. The frequency of buses is 60-70 per hour during peak periods, he said. That means there’s more than one bus a minute during peak hours, Briere ventured. Given that frequency and assuming 20 people on a bus, that would be a lot of car trips. Briere wondered, however, what that frequency of bus traffic might be doing to the road infrastructure. Cooper allowed that there’s clearly a relationship between gravel haulers and the impact on roads, but said that buses aren’t as heavy as those types of vehicles. He was not aware of any undue wear on Fuller Road as a result of the bus traffic.

Briere clarified that use of Act 51 money to make non-motorized improvements adjacent to Fuller Road is an appropriate use of Act 51 money. Cooper responded by saying that a minimum of 1% of Act 51 money must be allocated to non-motorized transportation improvements. Briere got confirmation from Cooper that it wouldn’t be appropriate to use Act 51 money to study the possibility of constructing a light rail system down Fuller Road.

Lumm followed up by getting clarification that light rail is one of the technologies that could be an alternative. Cooper clarified that this was the case and that each of the alternatives came with a specific associated cost.

Stephen Kunselman (Ward 3) got confirmation that the DDA is not contributing to the local match for this particular study. He wanted to know why. Cooper’s understanding was that the DDA is not currently in a financial position to participate. However, the DDA would like to be involved in the ongoing discussion, with the possibility that the DDA could be financially involved in future phases of the project. Kunselman summarized that by saying, “So they don’t have the money.”

Kunselman asked if there’s an expectation that another round of federal grants might be available after the preferred local alternative is selected. Cooper told him, “Absolutely.” The recently enacted MAP 21 (Moving Ahead for Progress in the 21st Century) bill continues to support new starts and small starts capital programs. Even in the tight times that are being felt in Washington D.C., with a number of reductions in different categories in the transportation bill, Cooper said, the transit capital starts program is strong in the federal bill.

Kunselman noted that there are a lot of different planning efforts going on – like the WALLY north-south commuter rail, for example. Kunselman was worried that Ann Arbor was “in competition with ourselves,” because clearly not everything could be funded. Cooper responded by saying he wasn’t in a position to say when each one of those planning investments would mature. But in metropolitan areas like Ann Arbor, there’s an ongoing transportation planning process. And federal funding is available for a variety of modes. In any community that has a light rail system, a commuter rail system or a bus rapid transit system, the majority partner has been the federal government. Cooper expected that the federal government will continue to invest in mobility for communities.

Kunselman ventured that a lot of federal grants go to the University of Michigan, but he wasn’t aware of any federal transportation grants going to UM. The connector would predominantly benefit UM, so he wondered if that’s something new and different from the federal government.

Cooper responded with a parallel to his experience with the Fuller Road station. When he spoke to folks in Washington D.C. they had said, “That’s the Ann Arbor station; we don’t know Fuller Road from Main Street.” So in advancing projects of this sort, Cooper said, the feds will see it as an investment in the city of Ann Arbor and the Ann Arbor urbanized area. The feds know there’s a university here, but they’ll see it as making an investment in Ann Arbor, he said. The analysis will be blind to who gets the benefit. As the partnership is defined, it’ll be important to look at rider share, Cooper said. However, when the federal government looks at investments of this type, the feds look at the community, and they’ll measure the willingness of all parties to secure the investment that the feds are willing to make, Cooper concluded.

Kunselman expressed his displeasure that the resolution included a sentence about the portion of the YMCA site being sold to the AATA for $90,000, with the description that the $60,000 was thus available. That’s general fund money, and it’s not in its own bucket inside the general fund, Kunselman said. He found the inclusion of that sentence as “over the top,” saying, “We don’t need to hear that part.”

Anglin got clarification that the timeframe for the study would be a year and a half. It would be the same project team that did the feasibility study [URS Corporation], Cooper said, a project that had been finished on schedule.

Anglin stated that he was a little uncomfortable with the request, because there are so many competing distractions we have as a community. He wanted to know how long the study would be valid. He felt that the university would be asking students to relocate to places where they need to be most of the time. He ventured that it might not be clear how many people will be moving between the campuses as time goes on. It’s difficult to project the needs of a community as complex as Ann Arbor, he said.

Responding to the question about the validity of the study, Cooper indicated that the locally-preferred alternative would need to be valid as long as it takes to move to the next step. Comparing the draft environmental assessment (EA) report for the Fuller Road station project, once it’s outside of a three-year timeframe, Cooper said, “we ourselves would want to refresh the data.” Comparing whether the city gets more or less, Cooper pointed out that the entirety of the connector system would be located in the city. He recognized that UM’s configuration will be an important consideration in forecasting travel demand. For that reason, the city and the AATA have worked closely with UM’s planner to understand those needs as they’re seen today, Cooper explained. [Sue Gott, UM's top planner, was the most recent appointment to the board of the AATA. Cooper also serves on that board.]

If assumptions change, Cooper allowed, the project might take on a different character. But overall, the UM planner, the Washtenaw Area Transportation Study (WATS), the city staff and a consultant team were doing an analysis. Cooper said he was confident they have a grasp on the need, but agreed that it’s impossible to see all of the future. There could be other trip generators that emerge that had not been foreseen – but if the connector system is in place, that additional demand could be accommodated. If not, then a couple of different things could happen, he said. One of those things is that economic growth might not occur. Or the growth could occur without an investment like that of the connector, which would mean more vehicles on the roadway, Cooper cautioned.

Kunselman stated that he’d support the study, but agreed with Anglin that “We’re all over the place.” The idea that the city would make investments in mass transit, without knowing how to pay for operations, caused him a lot of concern, he said.

Kunselman complained that there are basic transportation services not being provided. Kunselman pointed out that if you go past US-23, there’s no bus to the UM medical center, which is a huge need for the community, he said. He then quoted something he’d written to an AATA board member after having lunch with that person. It included a portion of The Chronicle’s Aug. 16, 2012 AATA board meeting report:

AATA board member Charles Griffith, reporting from the performance monitoring and external relations committee, said that Routes #3 and #5, because of the increased ridership, have struggled a bit with staying on time and with overcrowding. So AATA is continuing to look at ways to address that. It’s not in the budget to increase the frequency of the service as the AATA had done for Route #4, he said – at least not at this time. Route #3 runs between Ann Arbor and Washtenaw Community College. Route #5 runs along Packard between Ann Arbor and Ypsilanti.

Kunselman’s letter also complained that the AATA was providing commuter service to communities that didn’t support it with tax dollars [Chelsea and Canton].

Kunselman also wrote in his letter to the unnamed AATA board member that he wanted an opportunity to comment on the AATA’s budget as required under a 1974 agreement between Ann Arbor and the AATA. [.pdf of 1974 agreement] “We haven’t seen your budget,” Kunselman read aloud. He then noted the fact that Cooper is also a member of the AATA board, by saying, “Not you, … but you are an AATA board member, so I’m looking at you right there.”

The AATA budget is due to be adopted before the end of the month [September], Kunselman continued. It’s relevant to the $60,000 request, because as far as he was concerned, the city should not be spending that money, doing the business of the AATA, Kunselman said. He called the number of vehicles that are taken off the road through commuter services by the AATA a “drop in the bucket,” and suggested a better approach would be to get people to commute together through car sharing. [The AATA recently launched a service to promote group travel in the form of a vanpool program.]

Kunselman was skeptical of Cooper’s report that during peak periods the UM was running a bus a minute, calling it an “outrageous” claim. There’s no way there’s a bus each minute, he contended, and if there is, it’s for a very short period of time. He returned to his point about where the money for operations would come from. At that point, Sandi Smith (Ward 1) raised a point of order – that Kunselman had reached the end of his speaking time. He did not seem to have anything else that he wanted to add.

Lumm said she wouldn’t support the request for several reasons, including budget discipline and transparency. She described the approach as incrementally throwing money at transportation related initiatives, “without any clue” about how operating costs will be paid. Lumm pointed out that there are at least five planning initiatives: (1) Ann Arbor rail station; (2) countywide transportation; (3) east-west commuter rail; (4) north-south commuter rail; and (5) the connector study.

Lumm said there’s no idea of how to pay for any of these. The idea that these projects are of equal priority is simply not reasonable, she contended. She felt that very basic questions were not being answered. If it was a priority, then it should have been included in the budget for the year.

Briere got clarification from Cooper about how much the city had expended to date on the connector study – $80,000. That meant the total to that point would be $140,000, if the city authorized the $60,000.

Briere asked if this would be the last money the city would be spending on studies? Cooper’s response: Not at all. There are future phases, which would include detailed environmental assessment work. Responding to a question from Briere about costs, Cooper indicated that it would depend on the choice of outcome from the alternatives analysis study. If the preferred alternative is bus rapid transit, the cost would be an order of magnitude less than another fixed guideway system. “Got it!” Briere exclaimed.

Briere asked Cooper to explain why he felt that the $60,000 is an investment and not an expense. Cooper said it goes back to the city’s transportation plan update. The “do nothing” alternative – as compared to spending money on a transportation portfolio – would result in substantial congestion along almost every major corridor in Ann Arbor. Investments in transit alternatives would be able to diminish the pressure on the road system, Cooper said, so that more freely flowing conditions could be expected.

Briere asked what might happens if the city decided not to do the study, but then five years from now decided at that point to do it. What’s the chaos that the community would face? Cooper told Briere that “chaos” might be too strong a word. There would be an increasing discomfort created by increasing levels of travel demand – more cars on the road. Over the last decade or so, the city has seen a greater influx of workers – from the university – and now we’re seeing more into the downtown area, he said. The forecast for continued economic prosperity in Ann Arbor is a positive thing, but the side effects are that each new job filled by someone who doesn’t walk or bicycle to that job will put additional stress on the transportation system. That’s the reason for the investment – for the community to be able to move forward while preserving the quality of life, Cooper said.

Briere tried to clarify what she meant by “chaos.” Any construction of a connector system would cause a lot of disruption during the construction. So she was trying to get a sense of whether it would be more prudent to get a clearer sense of the demand before constructing something, or go ahead and try to anticipate demand: “That’s what I’m trying to drag out of you,” she said.

Cooper described the modeling as statistically derived, and said the majority of the future is already here. When the system is operating at 0-90% of capacity, it can still function. Going from 90% to 95% or 100% is a “pivot point” where there’s more demand than the system can sustain and the system breaks down. The timing recommendations are that the planning needs to begin now, so that the investments can begin to be made in the mid-term. In 2009, the mid-term was seen as 5-15 years, he said.

Briere asked what would happen if the council were not to provide the $60,000. Would there be an effect be on the federal dollars and on the UM and the AATA? Cooper responded by saying he was not aware of a specific deadline, but the federal grant processing is such that if the council acted that night, the AATA board can follow. And with the UM’s pledge, the project could begin almost instantaneously. If the council spends more time deliberating, then the project would progress on that adjusted timeline. If the council were to choose not to participate at all, the remaining stakeholders will need to reconsider, Cooper said – but he would not speak on behalf of UM, AATA, or the DDA.

Mayor John Hieftje.

Mayor John Hieftje said he saw the connector as part and parcel of a larger picture. He felt that the city could be sure of future job growth. Jobs would continue to come to the city even if the city did not seek them, because the UM continues to build its workforce, he said. But jobs bring traffic and congestion. The only way we can affect that – beyond carpooling and park-and-ride lots – is to expand transit. We won’t know the costs, and we don’t have a way of talking about the costs, he said. He cautioned against backing away from transit – offering as a sardonic possibility the idea that the council could also vote to say they did not want more jobs in the city.

Hieftje called it wise to invest $60,000 as part of a $1.5 million project. The city can continue to build parking structures, and accept more traffic in the city, or we can invest in transit, he said. He asked that councilmembers show a little bit of vision as the city looks to the future and tries to plan for that.

Christopher Taylor (Ward 3) sought confirmation from Cooper that UM is not a suitable federal grant recipient for a transportation system. Cooper said that UM is not categorized as a recipient of transportation dollars. But UM can help provide the local matching dollars for a federal grant. Taylor concluded that even though the UM can’t sign on the dotted line, a future city council could conclude: “We’re not going to move forward until we get X from the U.” And X could be operating expenses or the local match. Cooper confirmed Taylor’s understanding.

Taylor said he supported the $60,000 allocation, because he sees the council as a steward of the city – not just today, but also 5, 10 or 15 years from now. That requires an investment in planning, he said. And we can’t plan or invest without data.

Taylor said the objection that “we don’t know how we would fund it” doesn’t make sense to him, because this is not the time we’re planning to pay for it. The city councils in the future will have the ability to plan for that, he said.

Tony Derezinski (Ward 2) indicated that transportation is a high priority right now. He said it’s good to study and plan.

Lumm came back to her concern that the city is going down a path with multiple plans. The city’s priority shouldn’t be whatever someone gives it money for, she said.

Outcome: Voting against the allocation were: Mike Anglin (Ward 5), Sandi Smith (Ward 1), Sabra Briere (Ward 1), Jane Lumm (Ward 2), and Margie Teall (Ward 4). With the absences of Carsten Hohnke (Ward 5) and Marcia Higgins (Ward 4), the measure got only four votes. Voting for the resolution were: Stephen Kunselman (Ward 3), Christopher Taylor (Ward 3), Tony Derezinski (Ward 2) and mayor John Hieftje.

During the roll call vote, as it was apparent the measure would not reach the eight-vote requirement, Kunselman quipped that perhaps he’d change his mind – after indicating during deliberations that he’d support the resolution. Votes by Teall and Smith can be analyzed as strategic, because only a councilmember who is on the prevailing side – in this case, those who voted no – can bring an item back to be reconsidered. They’d ordinarily be expected to support a resolution like the $60,000 connector study.

If Hohnke and Higgins are at the table for a vote of the full council on Sept. 17, the resolution would at least have a chance at passing. Hohnke would almost certainly vote for it. But passage would depend on Kunselman not changing his mind, and either Higgins or Briere voting yes – neither of which would be a certainty.

Knight’s Market Expansion

In front of the council for final consideration was a plan to expand Knight’s Market, at the northeast northwest corner of Spring and Miller.

The market’s owner, Ray Knight, is well known for his family’s restaurant, Knight’s Steakhouse, located at 2324 Dexter Ave.  The grocery store has been on land zoned C1 (local business) and M1 (light industrial). Knight also owns two separate parcels adjacent to the market. One of those parcels – at 306-308 Spring St. – was zoned R2A (two-family dwelling) and M1, and contains two single-family homes and part of a parking lot. The third parcel at 310 Spring St. was zoned R2A and MI, and contains the other half of the store’s parking lot. All three parcels have been non-conforming in some way, according to a staff report, and are located in the 100-year Allen Creek floodplain.

The Knight’s expansion includes several components. What the council was asked to approve was a rezoning of 306, 308 and 310 Spring to C1. That rezoning will allow the building at 306 Spring to be converted into a bakery, although the intent is to leave the exterior of the house intact. The rezoning will also allow for approval of a site plan to build a 1,200-square-foot addition to the existing grocery store and to expand, reconfigure, and improve the existing parking lot. In addition, the council approved rezoning to C1 of 418 Miller Ave. – the site of the existing grocery. The council was also asked to approve the site plan.

The changes to the parking lot include providing three additional spaces (for a total of 17 parking spaces), a designated snow pile storage area, solid waste and recycling container storage enclosure, right-of-way screening, conflicting land use buffer, and rain gardens for storm water management. An unused curb cut on Miller Avenue would be removed and the curb and lawn extension would be restored there. A temporary storage building at 418 Miller would be removed. The house at 310 Spring will remain a single-family dwelling.

Because the request involved a rezoning – a change to the city’s set of ordinances – the council needed to vote on the item twice, at different meetings, and hold a public hearing. It had given the rezoning an initial vote of approval at its Aug. 9, 2012 meeting.

Knight’s Market Expansion: Public Hearing

Eric Cazepis spoke during the public hearing on the zoning change, introducing himself as the owner of the property directly across the street from the market.

Knight’s Market is the parcel highlighted in yellow. The flood plain is the green shaded area. The floodway is the blue shaded area.

He’s opposed to a change in the ordinance, citing his main concern as flooding. He observed that the property is in the flood plain, and it’s located at the bottom of a hill. He alluded to a mudslide that washed out the railroad tracks in May 2011 along Plymouth Road. He’s seen the street become like a river, as it became too much for the storm drain to handle. He grew up in the area, he said, and he’s seen flooding there. He wanted it to be on the record that he’s against the zoning change. He allowed that the Knights are a good family, but as a nearby property owner, he was opposed to the change.

The architect for the project, Dick Fry, also addressed the council. He told councilmembers that he’d studied the site with respect to the flooding issue. The city’s own department was also very thorough in checking calculations, he said. He said that all the stormwater would be kept on the site. It’s so low across the back of the site that it would flow to the north.

Fry showed the council some drawings, which he said the zoning board of appeals had suggested he do. The ZBA had some concern about the “blankness” of the market. He characterized the sketches as “nothing incredible” but he wanted to show the council some concepts for some awnings. And he noted that some nice improvements had already been done to the entrance of the market – for example, a 12-foot sliding door, he said.

The market will have “eyes on the street” from the butcher area. The building will look better with larger windows, Fry said. He mainly wanted the council to know that the water situation was addressed very thoroughly.

Knight’s Market Expansion: Council Deliberations

Sabra Briere (Ward 1) reported that she’d been able to attend the citizens participation meeting on the project. The big concern she’d heard expressed was about truck traffic. She felt the council needs to keep its mind open to ways to limit large truck traffic through the neighborhood. She allowed that supplies have to be delivered, but all the same, the traffic makes it difficult for neighbors, she said.

Sandi Smith (Ward 1) stressed the importance of addressing what the zoning is currently – which is light industrial, or the kind of zoning that is appropriate to being adjacent to a railroad track. She noted that neighbors were concerned about what might go in if the Knights ever left. The rezoning would state that this is now “a commercial spot,” which she felt would protect the neighborhood from some of the other things that could be there.

Jane Lumm (Ward 2) agreed with Smith’s point and with the planning commission’s recommendation. She noted the rain garden feature and the stormwater management on site. She was pleased to support Knight’s Market, which she called an “iconic Ann Arbor institution.”

Mike Anglin (Ward 5) described Knight’s as a business that has shown support for the community, saying the family has a lot of history and integrity. He felt that the expansion helps business and jobs for Ann Arbor. Anglin felt that concerns about flooding are addressed by the topography of the area – as there are areas where the water can disappear along the railroad tracks.

Tony Derezinski (Ward 2), who is the city council’s representative to the planning commission, indicated he’d support it – because he felt that it legalizes what’s going on already. He acknowledged some of the reservations and concerns like truck traffic through the neighborhood, but said you can’t foresee every difficulty. He felt that it’s a solid project with solid people behind it.

Mayor John Hieftje said he understands the concern that Knight’s might not be there in the future, and that the zoning might allow a different owner to do something different. But as Smith had pointed out, he said, it’s a change for the better. He added that he hoped the Knight’s family would be there for a very long time.

Outcome: The council unanimously approved both the rezoning and the site plan for the Knight’s Market expansion.

Catherine Street Rezoning

The council was asked for initial approval of a rezoning request for a proposed three-story townhouse development with five housing units at 922-926 Catherine St. The rezoning request associated with the project had been recommended for approval at the July 17, 2012 meeting of the Ann Arbor planning commission.

The two vacant parcels are on the south side of Catherine between Ingalls and Glen, across from the University of Michigan School of Nursing building. The lots are located in the Old Fourth Ward historic district.

The development – which according to the owner, Tom Fitzsimmons, will be marketed to students, UM employees, young homebuyers, and empty nesters – entails rezoning the parcels from PUD (planned unit development) to R4C (multi-family residential). The PUD zoning is tied to a previous development that was approved but never built. The current site plan is contingent on approval from the city’s zoning board of appeals for variances from the conflicting land use buffer requirement. The two lots must also be combined as a condition before the city issues building permits.

Five garages would be part of the development, with nine parking spaces and bike storage located below the townhouses. A 24-foot-wide curb cut is proposed off Catherine Street for a driveway, which would run along the east side of the site leading to the garages.

The proposed building and site layout plans were approved by the Ann Arbor Historic District Commission on April 12, 2012. The planning commission also recommended approval of the variance from the city’s zoning board of appeals related to the conflicting land-use buffer requirement. That variance was later granted.

During public commentary at the planning commission’s meeting, several neighbors – including residents of the nearby Catherine Commons condominiums – spoke in support of the project. However, some of them raised concerns about backups in the stormwater system, which is already a problem along Catherine Street. Staff indicated that those issues are likely tied to design flaws on the site of Catherine Commons. Members of the development team told commissioners that an underground stormwater detention system on the site could improve the situation, and at the least would not make it worse.

Catherine Street Rezoning: Council Deliberations

At the council’s Sept. 4 meeting, Stephen Kunselman (Ward 3) led off the discussion by asking why the city is only now rezoning the property back to R4C, if the PUD zoning approved in 1979 was not used to actually build the project.

City planning manager Wendy Rampson told Kunselman that the city has not historically gone back to rezone a property from PUD if the project was not built. Kunselman ventured that back in 1979, the economy had “kind of tanked.” Based on this experience, Kunselman wanted to know if Rampson though it would be a good idea get other PUD zoning “off the books” if the projects for which the zoning was established had not been built. As an example, he gave two North Main Street properties – the former St. Nicholas Church and the Near North project. To just let them sit doesn’t seem to make sense, he said.

Kunselman wanted to know who had initiated the rezoning of the Catherine Street property. Rampson described how the developer had been looking in the area for sites to build on, and identified the site. The developer felt it would be easier to develop under the R4C zoning. Rampson noted that until someone comes along and creates a site plan that fits the PUD zoning, nothing happens.

Sandi Smith (Ward 1) asked if the project would be consistent with the R4C zoning that’s recommended in the report of a study committee that’s currently pending action by the planning commission. Rampson told Smith that it fit the current R4C zoning, except for a variance for a conflicting land-use buffer along the east side, which was granted by the zoning board of appeals. Smith pressed for an evaluation of the project against any recommended changes to the R4C zoning ordinance that are currently pending. Rampson responded by telling Smith that there’s not currently any new ordinance language, but rather just a report. City planning staff had not evaluated the project against that R4C study committee’s report, she said.

Outcome: The council voted unanimously to give initial approval to the Catherine Street rezoning request.

Speedway Rezoning

The council was asked to give approval to a site plan and rezoning for a portion of a parcel at North Maple and Miller, which will allow for development of a Speedway gas station at that location. The site plan and the rezoning for the gas station had been recommended for approval by the Ann Arbor planning commission at its July 17, 2012 meeting.

The project is located at 1300 N. Maple on a 1.39-acre site. The rezoning request would change the zoning from PL (public land) to C3 (fringe commercial).

Speedway rezoning. The perimeter around the property’s east and north sides is zoned PL (public land) and is being rezoned to make clear that, although an easement exists, the responsibility for the property is the private owner’s.

The plan calls for demolishing an existing 1,500-square-foot vacant service station building, which was built in the 1950s, and constructing a new 3,968-square-foot, single-story gas station and convenience store with five pumps. The gasoline pumps will be covered by a 28-foot by 121-foot canopy. Fourteen parking spaces will be provided next to the convenience store, and six bicycle hoops will be located on the south side of the building, adjacent to a sidewalk leading to Miller.

According to a staff report, underground storage tanks have been removed and an environmental analysis of the site is underway. If any environmental contamination is found, the owner will be required to remediate the site to meet requirements of the Michigan Dept. of Environmental Quality.

The staff report states that the city’s traffic engineer has reviewed a revised landscaping plan and confirmed that traffic issues have been addressed and the site plan meets the requirements of Chapter 47 (Streets) of the city code.

The plan will preserve all existing trees within the 25 feet at the back of the property, an area that includes an existing 5-foot-wide pedestrian path. In addition, seven oak trees will be planted along the sides of the proposed building, and required landscaping within the site will be provided.

The portion of the parcel that’s subject to the rezoning request is a path that circles the property along the east and north sides.

Speedway Rezoning: Council Deliberations

Stephen Kunselman (Ward 3) began by saying he’d walked the easement often during his youth, so he was curious about the description in the staff report that said the city doesn’t own the easement. Who does own it? he wondered. City planning manager Wendy Rampson explained that the property is owned by Speedway. But there’s an easement that provides the public with the right to cross the property. That does not give the city the authority over the easement, she explained, and the private property owner has responsibility for maintenance. If the property owner set up a gate or bollards that prevented people from crossing the property, then the city could enforce the right of the public to have access.

Sabra Briere (Ward 1) asked Rampson to explain why the property had ever been zoned as PL (public land). Rampson indicated that by looking through the city’s files, planning staff had not been able to determine that. Every era has its own set of practices, however, and she felt that it’s possible that planning staff at the time thought that the PL zoning would send a message that the property was to be used by the public. Rampson said the city does things a bit differently now. She said if the council chose not to approve the rezoning, it wouldn’t change anything on a practical level. But she felt that it’s “cleaner” to make it clear that the land is owned by the private property owner and that maintenance is the responsibility of the owner.

When the council came to the item on the site plan for the Speedway station, Kunselman called it “exciting” and added that it’s the most development that the Miller and Maple area had seen in decades. The gas station was the center of the neighborhood at one time, he recalled. He hoped it would spur new additional development as well.

Outcome: The council approved the site plan on a unanimous vote. The council also gave initial approval to the rezoning request, which was initiated by city staff.

The rezoning issue will need to come back for a second and final approval, as all rezoning requests must. Rezoning of land is a change to the city’s ordinances, and because of that an initial vote of the council is required, followed by a public hearing and a second vote at a subsequent meeting.

Greenbelt Acquisitions

The city council had two items on its Sept. 4 agenda that had been previously recommended for approval by the greenbelt advisory commission. Both were for the purchase of development rights, and included grants from the federal Farm and Ranchland Protection Program (FRPP).

The council was asked to approve $394,417 for the Robbin Alexander Trust farm in Webster Township. Of that amount, the city’s portion totaled $226,837 with the remaining $167,580 coming from the FRPP grant as a reimbursement. The greenbelt advisory commission had recommended approval of this deal at its June 7, 2012 meeting.

The 90-acre farm is located along Northfield Church Road in Webster Township. According to a staff memo, “the farm is considered large enough to sustain agricultural production and is in a location that will encourage additional farmland preservation activities. The property is surrounded by additional farmland that has been protected by the Greenbelt Program and Webster Township.” [.pdf map showing location of Alexander property]

The second item for consideration by the council was the purchase of development rights for the 136-acre Robert H. Schultz property located along Harris Road and Geddes Road in Superior Township. That deal totaled $523,567, including $294,247 from the city and $229,320 to be reimbursed to the city by an FRPP grant. Like the Alexander property, this land is also considered to be large enough for agricultural production and is located in an area that would encourage other farmland preservation. According to a staff memo, the property is surrounded by additional farmland that’s been protected by the Southeast Michigan Land Conservancy, Washtenaw County and the greenbelt program. [.pdf map showing location of Schultz property]

Eight votes are required to pass PDR deals.

Greenbelt Acquisitions: Council Deliberations

Jane Lumm (Ward 2) indicated that she supported greenbelt acquisitions that included local participation other than the city of Ann Arbor. She contended that often the city is paying more than half of the cost, however, with no other local participation. The two PDRs on the agenda that night were examples of that, she said.

There are only two funding sources associated with the two acquisitions, Lumm complained – the city of Ann Arbor and the federal government. There’s no other local participation, she said, which she called a lost opportunity. Saying she has raised concerns about the city’s share of funding in the past, she said she wouldn’t support the acquisitions on the agenda. In the past, she said, she’d supported such acquisitions even when she’d been uncomfortable. But for the items on that night’s agenda, she wouldn’t support them. She encouraged the greenbelt advisory commission to come forward with proposals that leverage the greenbelt dollars better, and that come closer to the original objective of the city’s share not being more than one-third of the total cost.

Mayor John Hieftje allowed that the ideal situation would be for the city to pay one-third of the cost and that this had been the discussion at the time of the millage campaign. He said the state of Michigan previously participated in such purchases, but with its financial difficulties, that state support has disappeared.

But for the most part, Hieftje continued, the city has paid about 50% of the cost. For some of the properties, the greenbelt advisory commission just feels they need to make a move, even though the financial arrangement might not be ideal. He observed that the federal FRPP grant was helping out with the purchases on the agenda that night, but it wasn’t known how many more years that program would exist. He described the map of greenbelt properties as starting to create a green “mushroom” that’s forming over the top of the city. The program is doing a whole lot of what voters in 2003 asked to be done, he said.

Sabra Briere (Ward 1) ventured that when millage dollars are used within the city, the city pays 100% of the cost, which Hieftje confirmed. Lumm responded by saying in those situations, city residents who are paying the millage were also getting 100% of the benefit – so she felt that was fine, because it’s fair to the taxpayers.

Stephen Kunselman (Ward 3) indicated he’d support the greenbelt acquisitions, although he understands Lumm’s concerns. He pointed out that the people in the county who are not taxing themselves to support a greenbelt program still face a reduction in the taxes generated when development rights are acquired – so those communities are taking a hit, he concluded. He called it a “backdoor contribution” that those communities wind up making. He said it would be nice if there was a greater sharing of financial contribution. The whole point, he observed, is to acquire pieces together so there’s some semblance of a “belt,” and the properties on the agenda were adjacent to other properties.

Kunselman wondered, however, at what point the city has leveraged all the millage money. He noted that Carsten Hohnke (Ward 5) would not be serving as the city council’s appointee to the greenbelt advisory commission past November. [Hohnke chose not to seek another term on the council. He has attended only one of the greenbelt advisory commission's monthly meetings this year – in April.] At some point, Kunselman felt there should be a status report, so that the council understood how many more acres the commission felt that it could acquire.

Mike Anglin (Ward 5) felt that Lumm’s position is well taken and there are times when more cooperation from other local entities would be preferable. Ultimately, though, the deals that the commission decides on are those they feel are best for the city, he said.

Christopher Taylor (Ward 3) appreciated the utility of guidelines, but also had faith in the work done by staff and volunteers on the greenbelt advisory commission. He was satisfied that the properties on the agenda meet the goals of the program.

Outcome: In separate votes on the properties, the council approved the purchase of development rights on the two properties. Jane Lumm (Ward 3) dissented on both votes, which meant that the requirement of an eight-vote majority was exactly met. Carsten Hohnke (Ward 5) and Marcia Higgins (Ward 4) were absent.

Community Events Fund Allocation

The council was asked to award a total of $44,778 from the city’s community events fund to a total of 13 organizations. The largest amount given to any one organization was $25,000 to the Ann Arbor Summer Festival for its Top of the Park series, followed by $6,000 to the Ann Arbor Jaycees for their summer carnival and Fourth of July parade. In many cases, the allocation from the community events fund was awarded to cover costs assessed by the city – for street closures, for example.

Here’s the complete breakdown of awards: Ann Arbor Jaycees ($6,000 for the Summer Carnival and the Fourth of July Parade); Main Street Area Association ($1,000 for the Rolling Sculpture Car Show); Ann Arbor Convention & Visitors Bureau ($1,500 for the NJATC and UA block parties); Ann Arbor Council for Traditional Music and Dance ($578 for the Dancing in the Streets); Kerrytown BookFest ($1,000 for the Kerrytown BookFest); Arbor Brewing ($1,000 for the Oktoberfest); Hikone-Ann Arbor Educational Exchange Program ($2,000 for the Hikone Exchange); Michigan Takes Back the Night ($1,700 for 2013 Take Back the Night); University of Michigan Alice Lloyd Scholars Program ($2,000 for FoolMoon and FestiFools); Champions for Charity ($1,000 for the Big House Big Heart run); Main Street Area Association ($1,000 for the Taste of Ann Arbor); Ann Arbor Summer Festival ($25,000 for Top of the Park); and The Center of Light Ann Arbor ($1,000 for the 3rd Annual Ann Arbor Inner Peace Festival).

Margie Teall (Ward 4) noted that this is an annual disbursement of funds and she felt it’s self-explanatory. Sabra Briere (Ward 1) asked Teall to explain how the community events money gets into that fund. Teall said it’s general fund money. Mayor John Hieftje added that it’s money set aside every year to make sure that events happen to make the city a fun place to live. Teall noted that the amount of money that’s awarded has gotten smaller over the years. Hieftje added that the allocation covers expenses for things like barricades.

Outcome: The council voted unanimously to make the community event fund allocations.

Hearing Set on Barracuda Tax Abatement

The third of four steps associated with a tax abatement for Barracuda Networks was considered by the council – setting a hearing on the tax abatement for Oct. 1, 2012.

The council had previously set a hearing on the establishment of an industrial development district (Michigan’s Act 198 of 1974) at 317 Maynard St. in downtown Ann Arbor and voted to establish that district at its Aug. 9, 2012 meeting. That set up the opportunity for Barracuda Networks to apply for a tax abatement as it moves from its current location on Depot Street to the downtown site. [.jpg of parcel map showing 317 Maynard] [.jpg of aerial photo showing 317 Maynard]

Barracuda is a computer network security company. On its application for the abatement, expected to be worth $85,000, Barracuda indicates that it currently has 155 employees who will be retained due to the abatement. The firm expects to add 144 employees by July 1, 2014. The property on which Barracuda is requesting the abatement ranges from cubicles and desk chairs to telephone network equipment and wiring.

Outcome: The council voted without discussion to set the public hearing for Barracuda’s tax abatement.

Communications and Comment

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

Comm/Comm: Pedestrian Access

Kathy Griswold recognized that the council had a resolution on its agenda to accept an easement [at no cost to the city] on a parcel on the northeast corner of Liberty Street and Maple Road.

Easement at Maple and Liberty mentioned by Kathy Griswold during public commentary. Easement drawing superimposed on aerial photo by The Chronicle.

She noted that a sidewalk leading from a four-way stop to King Elementary School would not require an easement. [Construction of a sidewalk would allow moving the mid-block crosswalk to the four-way stop. It's a topic on which Griswold has addressed the city council many times in the past.] She also called for a review of the city’s crosswalk ordinance by an professional engineer. Included in the review, she said, should also be ordinances involving sight lines.

Comm/Comm: Public Art

Libby Hunter delivered her commentary in the form of a song, which has become her preferred way to address the council. She prefaced her performance by recalling “blue-light specials” at Kmart. That served as a play on the blue lights that are intended as an artistic feature of a fountain designed by German artist Herbert Dreiseitl. Dreiseitl’s fountain, located in front of city hall, was the first of the projects approved by Ann Arbor’s public art commission. The melody was taken from “Midnight Special,” which has been recorded by a number of artists. Hunter’s version featured lyrics derisive of mayor John Hieftje: “If you ever go to Portland, you see the Dreiseitl Park; mayor Hieftje had to have one, fix was in from the start.”

Hieftje didn’t comment on Hunter’s song during the council communication time following public commentary, but responded a couple of hours later at the end of the meeting. He said that people can say whatever they want at public commentary regardless of whether it’s true. He said he’d never visited Portland, and had never heard of Dreiseitl until his name was mentioned by the public art commission.

Comm/Comm: Sustainable Energy

Kermit Schlansker addressed the council on the topic of sustainable energy. He characterized GOP presidential candidate Mitt Romney’s energy plan as “drill and burn,” while president Barack Obama’s plan was “too little too late.” He contended that Europe uses half the energy that the United States does. A first step would be to move poor people into low-energy-use apartment buildings on tillable land, he said.

Comm/Comm: Affordable Housing

Sandi Smith (Ward 1) alerted her council colleagues that for the Sept. 17 meeting, she’d be introducing a resolution to direct proceeds of city-owned land sales, to the city’s affordable housing trust fund. The final details are still being worked on, she said. Smith said she was “disheartened” by the city’s current ability to provide affordable housing, especially in light of the recent failure of the Near North project.

The policy has a long history dating back to 1996. The policy of directing proceeds of city-owned land sales to the affordable housing trust fund was rescinded by the council in 2007. More detailed background is provided in previous Chronicle coverage: “City Council to Focus on Land Sale Policy.”

Comm/Comm: Student Conduct

City administrator Steve Powers gave a brief report on activity over the weekend, with University of Michigan students moving back into the city. The Ann Arbor police department issued 112 citations from Thursday through Sunday – for minor in possession, noise, open intoxicants in public and other ordinance violations, he said. AAPD had staffed extra officers using overtime. That staffing pattern would continue for football Saturdays through the fall, Powers concluded.

Comm/Comm: Limousines or Taxis

Stephen Kunselman (Ward 3) serves as the council’s appointee to the taxicab board. He’d noticed two cases of companies operating in Ann Arbor recently that are known to be limousine companies but that are advertising themselves as taxis. This is not supposed to happen, he said – there’s an ordinance against it. He asked his colleagues to pass along their observations. He said he’d be taking up the issue with the city attorney’s office to look at enforcement against companies that are flouting the city’s taxicab ordinance.

Present: Jane Lumm, Mike Anglin, Margie Teall, Sabra Briere, Sandi Smith, Tony Derezinski, Stephen Kunselman, John Hieftje, Christopher Taylor.

Absent: Carsten Hohnke, Marcia Higgins.

Next council meeting: Monday, Sept. 17, 2012 at 7 p.m. in the second-floor  city council chambers at 301 E. Huron. [Check Chronicle event listings to confirm date]

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The council had previously set a hearing on the establishment of an industrial development district (Michigan’s Act 198 of 1974) at 317 Maynard St. in downtown Ann Arbor and voted to establish that district at its Aug. 9, 2012 meeting. That set up the opportunity for Barracuda Networks to apply for a tax abatement as it moves from its current location on Depot Street to the downtown site. [.jpg of parcel map showing 317 Maynard] [.jpg of aerial photo showing 317 Maynard]

Barracuda is a computer network security company. On its application for the abatement, expected to be worth $85,000, Barracuda indicates that it currently has 155 employees who will be retained due to the abatement and expects to add 144 additional employees by July 1, 2014. The property on which Barracuda is requesting the abatement ranges from cubicles and desk chairs to telephone network equipment and wiring.

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

From left: Mayor John Hieftje and city administrator Steve Powers before the start of the Aug. 9, 2012 council meeting.

But the council transacted several other pieces of business as well, some of which could be grouped into the general thematic pattern of land and property use. Most obviously connected to land use was the council’s initial approval of a rezoning request in connection with an expansion proposal from Knight’s Market, at the corner of Miller and Spring streets. The rezoning would allow a house to be converted into a bakery. It would also allow for eventual approval of a site plan to build a 1,200-square-foot addition to the existing grocery store and to expand, reconfigure, and improve the existing parking lot.

The council also passed a resolution to deal with an issue stemming, in part, from land use decisions made decades ago that resulted in residential development in the area of the Malletts Creek drainage district. Recently, residents in the area have been faced with severe localized flooding. The council’s resolution directed staff to start negotiations with the Washtenaw County water resources commissioner to identify “opportunities for stormwater conveyance and stormwater quality improvement in the area of the Malletts Creek drainage district.”

Related at least tangentially to land use at the level of a specific parcel was a resolution the council passed establishing the property at 317 Maynard in downtown Ann Arbor as an industrial development district. The move sets the stage for an expected application from the future tenant of the space, owned by First Martin Corp., for a tax abatement that would be worth around $85,000. The tenant is Barracuda Networks.

And the council took another step in implementing a strategy to eliminate blight. The city had previously set aside funds that could be used to demolish blighted buildings – if the city is unsuccessful in getting property owners to demolish them. The council’s action last Thursday authorized the city to sign contracts with four different companies to do such demolition work on an as-needed basis. It was announced at the meeting that the houses on North Main – at the site of the planned Near North affordable housing project – will likely be among the first to be demolished under the contracts authorized by the council.

To the extent that transportation systems have an impact on future land use, another item related to land use was a reapproval of the articles of incorporation for a possible new countywide transportation authority. The articles of incorporation are part of a four-party agreement to establish a framework for possibly expanding the governance and service area of the Ann Arbor Transportation Authority.

The four-party agreement is between the cities of Ann Arbor and Ypsilanti, Washtenaw County and the AATA. The Ann Arbor council changed the minimum threshold of votes required on the proposed new 15-member transit authority board, an action that brought the council in line with a version that the Washtenaw County board of commissioners had approved earlier this month. That threshold was increased from a 2/3 majority (10 votes) to a 4/5 majority (12 votes).

In other business, the council authorized the hiring of three additional firefighters for the next two years, using a federal grant. It also authorized the purchase of a new aerial fire truck.

Nominations to city boards and commissions made at the meeting included reappointment of Sandi Smith, Roger Hewitt and Keith Orr to the board of the Ann Arbor Downtown Development Authority. And Sally Petersen, who won the Ward 2 Democratic primary on Aug. 7, was nominated for the city’s commission on disability issues.

The council also heard public commentary on a range of topics, including smart meters and the idea of corporations as people. 

Knight’s Market Rezoning

The council was asked to consider a rezoning request that would allow for expansion of Knight’s Market.

Knight’s Market Rezoning: Background

The market is located at the northeast corner of Spring and Miller. The market’s owner, Ray Knight, also owns two separate, adjacent parcels. (Knight is perhaps best known for his family’s restaurant, Knight’s Steakhouse, located at 2324 Dexter Ave.) The grocery store is on land zoned C1 (local business) and M1 (light industrial). Another parcel at 306-308 Spring St. is zoned R2A (two-family dwelling) and M1, and contains two single-family homes and part of a parking lot. The third parcel at 310 Spring St. is zoned R2A and MI, and contains the other half of the store’s parking lot. All three parcels are currently non-conforming in some way, according to a staff report, and are located in the 100-year Allen Creek floodplain.

The proposal from Knight’s involves several steps. The request calls for 306, 308 and 310 Spring to be rezoned to C1. That rezoning would allow the building at 306 Spring to be converted into a bakery, although the intent is to leave the exterior of the house intact. The rezoning would also allow for approval of a site plan to build a 1,200-square-foot addition to the existing grocery store and to expand and reconfigure the existing parking lot. In addition, the plan requests that 418 Miller Ave. – the site of the existing grocery – also be rezoned to C1.

The proposed work to the parking lot includes providing three additional spaces (for a total of 17 parking spaces), a designated snow pile storage area, solid waste and recycling container storage enclosure, right-of-way screening, conflicting land use buffer, and rain gardens for storm water management. An unused curbcut on Miller Avenue would be removed and the curb and lawn extension would be restored there. A temporary storage building at 418 Miller would be removed. The house at 310 Spring would remain a single-family dwelling. The city planning commission recommended the rezoning on a 6-1 vote at its June 19, 2012 meeting.

Knight’s Market Rezoning: Council Deliberations

When the council came to the item, mayor John Hieftje looked first to Carsten Hohnke (Ward 5) to move the item, but Sabra Briere (Ward 1) interjected, noting that the market was on the Ward 1 side of the street. So Hieftje gave Briere and her wardmate Sandi Smith the privilege of moving and seconding the motion.

Briere noted that both Ward 1 and Ward 5 residents shop at the market and ventured that there are also people who drive to the market as well. She had attended one public meeting about the proposal. She noted that neighbors were very supportive of Knight’s Market, but had questions about the potential impact on the neighborhood. Generally, their concern is about what happens if the property is rezoned and then changes hands, so that Knight’s Market is no longer the owner.

Left to right: During a break, Sandi Smith (Ward 1) and Jane Lumm (Ward 2) joke about the smartphone app Smith uses to time speaking turns of other councilmembers. There have been occasions when Smith has not been joking when she has raised the point of order on Lumm’s speaking turns.

Smith said she’d had a number of conversations with people in the neighborhood – and they’re very supportive of having a local grocer right there and available. That fits well into the zoning, she said, and the idea of fringe commercial abutting the residential area. She heard strong support for it, she said.

Tony Derezinski (Ward 2), who is the city council’s representative to the planning commission, noted that the commission had had a thorough discussion of the issue. He called the characterizations by Briere and Smith as very accurate. It reminded him of the proposal that Zingerman’s Deli had made, when the neighbors had been carefully consulted. Neighbors had raised some issues – not in an attempt to stop the project – but there’d been an outpouring of approval, he said. Questions had been asked and answered, he said. He felt that “commercial crawl” could not occur because of the natural boundaries that would preclude it.

Mike Anglin (Ward 5) noted that the goal was to establish a bakery that would serve the restaurant and the retail store. He noted that it’s meant to strike a balance between land use goals. He said he lived in a neighborhood where he could, without a car, still walk to places and find places to buy enough to eat and drink. But there are neighborhoods where that’s not possible. He said that Knight’s Market is a place that makes that possible, and that Knight’s is a good neighbor.

Stephen Kunselman (Ward 3) also indicated his support for the rezoning request. There used to be a store on Miner between Hiscock and Felch, he recalled, and he was not sure if the city’s zoning still allows for such mom-and-pop type stores. It’s important that the city have opportunities for a walkable, diverse and sustainable community. It’s not something the council would do frequently, he said, but in this case it’s important to do.

Hieftje noted that Knight’s Market has survived for a long time and is kind of a throwback to the past. If you look around Ann Arbor you can find buildings that were at one time a corner store in a neighborhood. As zoning changed, we’ve moved away from that concept, but in select areas, it might be possible to move back toward that approach, he said. Neighborhood stores like Washtenaw Dairy, Jefferson Market and Knight’s Market are a real asset, he said.

Jane Lumm (Ward 2) added she was the “daughter of a grocery man” and called the market a wonderful amenity that everyone in Ann Arbor values. When she goes there, it’s a reminder of what her father did. She appreciated the discussions that had occurred and the support that people were showing for it.

Outcome: The council voted unanimously to give initial approval to the Knight’s Market rezoning request. Because the request involves a rezoning – a change to the city’s set of ordinances – the council will need to give a second, final approval at a subsequent meeting, following a formal public hearing.

Development District 317 Maynard

On the Aug. 9 agenda was a resolution to establish a new industrial development district for the downtown Ann Arbor property at 317 Maynard St., which sets up the opportunity for Barracuda Networks to apply for a tax abatement as it moves from its current location on Depot Street to the downtown site.

Under Michigan’s Act 198 of 1974, the next step for that abatement, on application from Barracuda, will be for the city council to set a public hearing on the abatement. After the public hearing, the council could then grant the abatement, which is estimated to be valued at around $85,000.

At its July 2 meeting, the Ann Arbor city council had voted to set the Aug. 9 public hearing on the industrial development district. A letter dated June 1, 2012 from First Martin to the Ann Arbor city clerk requested the establishment of the district. First Martin is the owner of the property at 317 Maynard.

From Act 198, it’s the property owner – in this case, First Martin – that files for the establishment of the IDD.

207.554 Plant rehabilitation district or industrial development district; establishment; number of parcels; filing; notice; hearing; finding and determination; district established by township; industrial property as part of industrial development district or plant rehabilitation district also part of tax increment district; termination; notice.
Sec. 4. (1) A local governmental unit, by resolution of its legislative body, may establish plant rehabilitation districts and industrial development districts that consist of 1 or more parcels or tracts of land or a portion of a parcel or tract of land. (2) The legislative body of a local governmental unit may establish a plant rehabilitation district or an industrial development district on its own initiative or upon a written request filed by the owner or owners of 75% of the state equalized value of the industrial property located within a proposed plant rehabilitation district or industrial development district. This request shall be filed with the clerk of the local governmental unit.

And according to Act 198, the tenant – in this case, Barracuda Networks – can file an application for the tax abatement.

207.555 Application for industrial exemption certificate; filing; contents; notice to assessing and taxing units; hearing; application fee.
Sec. 5. (1) After the establishment of a district, the owner or lessee of a facility may file an application for an industrial facilities exemption certificate with the clerk of the local governmental unit that established the plant rehabilitation district or industrial development district.

Development District 317 Maynard: Public Hearing

Only one person spoke at the public hearing on the establishment of the IDD – Thomas Partridge. He lamented the loss of vitally-needed tax money through abatements, and contended that because of this, schools are becoming challenged to maintain standards of education and retain adequate numbers of teachers, especially special education teachers. Partridge asked recipients of tax abatements to voluntarily curtail the period of the tax rebates or forgo them. He allowed that the community needs jobs, but also needs to support our most vulnerable residents.

Development District 317 Maynard: Council Deliberations

Marcia Higgins (Ward 4), chair of the council’s budget committee, reported that the committee had met to consider the issue, but several committee members had not been able to attend. [Higgins participated in the committee meeting by speaker phone. Sabra Briere (Ward 1) attended in person, and was joined by city administrator Steve Powers, chief financial officer Tom Crawford, and Luke Bonner, an economic development specialist with Ann Arbor SPARK.]

317 Maynard is highlighted in yellow.

Aerial photo of 317 Maynard. The office space is located under the Maynard Street parking garage.

Higgins reviewed the distinction between the establishment of the district and the granting of the tax abatement: The parcel’s owner had applied for the establishment of the district, while the tenant, Barracuda, would be applying for the abatement.

The council was only authorizing the establishment of the district, she stressed. Only when the district is established, she said, would Barracuda be able to apply for the abatement. At that point, the city council’s budget committee would meet and review the application for an abatement.

Briere noted that some members of the community had been confused about who gets the benefit of the tax abatement, so she appreciated the explanation Higgins had offered. She noted that in the past, some districts had been established where no tenant had taken up the opportunity to apply for an abatement.

Mike Anglin (Ward 5) said he was sorry that he couldn’t attend the budget committee, but wondered if there were some preliminary figures. Higgins told him that some preliminary figures had been submitted, but she didn’t have them with her – but they looked promising, she said. Jane Lumm (Ward 2) expressed her support for the district, saying that the new jobs that Barracuda would be bringing is a positive development for the downtown.

Lumm agreed that the incentives being offered to Barracuda are warranted. Ann Arbor is an attractive location for businesses, she ventured, and it was not necessary to constantly offer tax incentives to attract businesses. Ann Arbor only does that on an infrequent and selective basis. She thinks this proposal is worthy of the support. She also pointed to a $1.2 million expansion grant from the Michigan Economic Development Corp. to Barracuda, and how the MEDC generally expected a local match.

Lumm had some remaining questions about the parking commitment. Higgins cautioned against diving into the details of the possible Barracuda proposal, until the application was final.

Mayor John Hieftje also said he didn’t think parking spaces would be presented to the council – because Barracuda would simply be taking advantage of a “special” being offered by the Ann Arbor Downtown Development Authority, which manages the city’s public parking system. [The DDA has offered incentives generally, not just to Barracuda, in the form of reduced rates on monthly passes for the new underground parking structure on South Fifth Avenue, which opened in July.]

Outcome: The council voted unanimously to establish the industrial development district at 317 Maynard.

Water Resources Commissioner: Flooding Solutions

The council considered a resolution directing city staff to start negotiations with the Washtenaw County water resources commissioner to identify “opportunities for stormwater conveyance and stormwater quality improvement in the area of the Malletts Creek drainage district bounded by Ann Arbor-Saline Road upstream to I-94 and Scio Church Road.”

Partial map of the area of study for the Malletts Creek drainage district.

The city council had heard complaints from residents in that area during public commentary earlier this spring about localized flooding.

The Aug. 7 primary election results from that precinct in Ward 4 were nearly decisive enough in favor of challenger Jack Eaton to win the Democratic nomination over incumbent Margie Teall – but his total fell short of Teall’s by 18 votes across the ward. [On Aug. 16, Eaton filed for a recount, which will likely occur later this month.]

The resolution considered by the council on Aug. 9 directs staff to bring an agreement to the city council with the water resources commissioner by Oct. 1, 2012.

Flooding Solutions: Council Deliberations

Stephen Kunselman (Ward 3) said he was intrigued by the proposal and asked Cresson Slotten to answer some questions. Slotten is a senior project manager with the city. He told Kunselman that there’d been similar studies done in other areas of the city. The area described in the resolution, he said, is part of an existing drainage district, Malletts Creek, that’s within the county’s jurisdiction.

Kunselman ventured that outside the city limits, drain improvements get assessed to property owners, but inside the city, the cost is paid for out of the city’s stormwater utility fund. Slotten explained that one of the benefits of working with the water resources commissioner’s office is the ability to work within the state’s “drain code,” which is the statute that establishes the water resources commissioner’s office. [.pdf of Act 40 of 1956]

Malletts Creek is a Chapter 20 drain under that code, Slotten said. A key point is that costs are assessed to the governmental entity, the city of Ann Arbor, based on how much of the area is in the city. Some of it would be in an area owned by the Michigan Dept. of Transportation near I-94, he said, so MDOT would also contribute a small share. The city could choose to assess property owners as well, but typically has chosen to treat it as a “system cost,” especially if it’s a broad project area. And by working through the county, it’s also possible to arrange financing over time, so that there’s not a large up-front cost, Slotten said.

Kunselman noted that the city owns most of the stormwater conveyance – streets, gutters, storm sewers – and at some point there’s an outfall into Malletts Creek. So he wondered how much is really under the county’s jurisdiction. Slotten described the portion of Malletts Creek that’s under the county’s jurisdiction – the open creek visible down by Briarwood Mall and Ann Arbor-Saline Road, where there is “open creek.” In addition, if you continue past Ann Arbor-Saline Road, you see some ponds, and upstream of that is a large pipe that’s a part of the drain. That drain continues up to Scio Church Road and then even up to Maple Road.

That’s the reason the partnership between the county and the city that has evolved over the years – given the intermingling nature of the physical systems – is so beneficial, Slotten said.

Mike Anglin (Ward 5) wanted to know how many dollars in damage Ward 4 had experienced during the localized flooding. Slotten was not certain, but ventured that those claims would have been made through the city’s insurance board. Marcia Higgins (Ward 4) pointed out that the insurance board report had been included in the consent agenda.

Jane Lumm (Ward 2) reported that this project had been discussed as part of the Malletts Creek coordinating committee meeting the previous day. She clarified that the agreement would come back to the council on Oct. 1 for approval.

Outcome: The council unanimously approved the resolution giving direction to start negotiations with the county water resources commissioner.

Demolition Contracts

The council was asked to approve two-year contracts with four different companies, to perform demolition services on an as-needed basis. The four companies are Bierlein, DMC Consultants, Beal, and Van Assche.

At its Feb. 21, 2012 meeting, the Ann Arbor city council had approved a $250,000 allocation for demolishing buildings that the city deems dangerous under Chapter 101 of the city code. The city would like to target buildings that are diminishing the quality of neighborhoods, dragging down property values and attracting nuisances. The city expects to be able to reimburse the general fund for that allocation, from the proceeds of a lawsuit settlement related to the old Michigan Inn property on Jackson Avenue.

Sandi Smith (Ward 1) described the resolution as giving the city some flexibility by having predetermined contractors that the city can call on, to demolish some blighted properties and allow the city to move quicker when the city gets to that stage. As an example, she gave the house on First and Kingsley. It’s located on property that the city purchased earlier this year – the vacant house is expected to be demolished later this month.

Mayor John Hieftje then asked Sumedh Bahl, community services area administrator, to talks about Avalon Housing‘s Near North affordable housing project, located on North Main. Houses on the site of the expected development have long stood vacant.

Bahl explained that if Avalon doesn’t move to demolish the buildings, then the city will. He explained that the city might start the process soon. It might take up to two weeks to finalize the contracts with the demolition companies and to make sure all the right types of insurance are in place, he said. In the meantime, the city will look disconnecting at the water utilities. There has to be a 10-day notice of any demolition, he said. So even if the city starts the next day with the process, you won’t see a bulldozer then. But in 45-60 days, the city will have the buildings down, he said.

Sabra Briere (Ward 1) noted that in the last year or so, she’d heard concerns from several councilmembers about houses that aren’t being maintained in the community. Being able to move forward as quickly as possible is a catch-phrase they’ve talked about, but she noted that it’s hard actually to move quickly. The contract approvals, which are not tied to any particular building, mean the city won’t have to jump through that extra hoop. It’s a tool that won’t be used lightly, she said.

Stephen Kunselman (Ward 3) said, “This is great.” He noted that the fund had been set up but he recalled that the amount of the fund was less than the $600,000 that you get when you multiple four contractors times $150,000 apiece. [The fund was set at $250,000.] So he wanted an explanation. Bahl explained that he would not be spending more than $250,000, but that the multiple contracts give him flexibility.

Bahl picked up on remarks by Smith and Briere that these demolitions would not be undertaken lightly. He described the due process that had to be used to demolish derelict houses.

Kunselman noted that the follow-up on the demolitions involves liens on the property and the proper paperwork so that the city can get reimbursed.

Kunselman also wanted to address the issue of the former St. Nicholas Church on North Main Street, which is currently under county tax foreclosure. Given that it’s in “the public hand,” Kunselman felt the city should be able to move quickly on that and take it down, because it’s no longer a private property. He noted that there’d been a house on Sharon Street when the county had cooperated with the city in that way.

City administrator Steve Powers observed that up to now, the city’s fund for demolition has been used as an incentive to property owners to do the work themselves – it’s a way to get a property owner’s attention. Regarding the St. Nicholas Church, Powers said that county treasurer Catherine McClary is well aware of the situation. She’d indicated that the county would be proceeding with demolition on the “county dime” but would be putting a lien on the property against that cost.

Smith asked Mike Appel, senior developer with the nonprofit Avalon Housing, to speak to the question of the Near North development. Appel told the council he appreciates the city’s patience and the whole community’s patience with the situation that he described as taking “too many months.” They’ve been working very hard to move the project forward, he said. They thought they could get the buildings taken down earlier, but now have been cooperating with city staff – by providing them with the asbestos surveys and the electric and gas utilities shutoffs. He said Avalon is doing everything in its power to get the houses down.

1992 FEMA floodway in light crosshatched blue, with the green lines indicating the boundaries of the floodplain. The intersection shown is Main and Summit. Red parcels are those that are now in the floodplain but previously were not. Green parcels were previously in the floodplain and now are not.

2012 FEMA floodway in dark blue, with the green lines indicating the boundaries of the floodplain. The intersection shown is Main and Summit. Red parcels are those that are now in the floodplain but previously were not. Green parcels were previously in the floodplain and now are not.

At this point, it appears that having the city do the demolition is quicker than doing it themselves, Appel said. The most recent event that’s slowed down the project is that in April of this year, the Federal Emergency Management Agency (FEMA) had issued new floodway and floodplain maps. The floodway had expanded considerably, he reported. The proposed building is not in the floodway, but some of the activities associated with the building are – like parking. The state would allow the project to be built, but the federal funds they’d been planning to use won’t be available. So now Avalon is trying to find a way to substitute non-federal funds for federal funds.

Outcome: The council unanimously approved the contracts with demolition companies.

Transit Articles of Incorporation

In front of the council for the third time were the articles of incorporation for a possible new countywide transit authority. The council had approved them twice before.

The articles of incorporation are part of a four-party agreement to establish a framework for possibly expanding the governance and service area of the Ann Arbor Transportation Authority. The four-party agreement is between the city of Ann Arbor, the city of Ypsilanti, Washtenaw County and the AATA.

This most recent iteration on the Aug. 9 agenda came in response to an amendment made by the Washtenaw County board of commissioners at its Aug. 1, 2012 meeting.

The county board’s amendment changed the minimum threshold of votes required on the proposed new 15-member transit authority board to change the authority’s articles of incorporation. That threshold was increased from a 2/3 majority (10 votes) to a 4/5 majority (12 votes). With a 7-4 vote, the Ann Arbor city council adopted the county’s change. Dissenting were Jane Lumm (Ward 2), Stephen Kunselman (Ward 3), Mike Anglin (Ward 5), and Marcia Higgins (Ward 4).

The council had already reapproved the transit documents once before, at its June 4, 2012 meeting, in response to a change to the four-party agreement that had been made by the Ypsilanti city council. The Ann Arbor city council had initially given its approval to the four-party agreement on March 5, 2012.

Transit Articles of Incorporation: Council Deliberations

Christopher Taylor (Ward 3) reviewed the history of the document approvals and the nature of the change that was being requested.

Sabra Briere (Ward 1) offered a possible explanation for wanting one super majority (4/5) compared to another (2/3). A concern she’d heard was urban versus rural. The cities of Ann Arbor and Ypsilanti, along with Pittsfield Township, would together have 10 members of the board. They could “conspire” to reduce the impact of the other members by changing the articles of incorporation. By asking for 12 instead of 10, it’s necessary to have a mix of urban and rural in order to change the articles of incorporation. The proposal of a 4/5 majority is a compromise between requiring unanimous approval and the original 2/3 majority, she said.

Tony Derezinski (Ward 2) asked Michael Ford, the AATA’s CEO, if the 4/5 majority were acceptable to the AATA. Ford said it was.

Jane Lumm (Ward 2) indicated she had no issue with the specific change. Her concern remains with the agreement itself. She suspected no one had changed their fundamental position on that question. She then reviewed her standard objections to the proposal.

Left to right: Tony Derezinski (Ward 2) and Ann Arbor Transportation Authority CEO Michael Ford.

Stephen Kunselman (Ward 3) felt that the “countywide” initiative would not be countywide at all and would end up being a regional Ypsilanti and Ann Arbor system. He felt there are better ways of accomplishing that. Kunselman then accused Ford of knowing the answers to some questions that Kunselman asked the last time Ford appeared in front of the city council. Kunselman said Ford had chosen not to share those answers. [Kunselman may have been alluding to the lack of specificity Ford provided when asked by Kunselman about the AATA's plans in case Ypsilanti was not able to meet the terms of its purchase-of-service agreement.]

Kunselman felt like the AATA has not been working in good faith and has been dropping the ball. He said it was not a countywide proposal, so he asked people to stop calling it that.

Mike Anglin (Ward 5) indicated that he’d vote against it because of the inclusion of Fuller Road Station as part of the plan. Having watched the county board of commissioners vote just 6-4 in favor of the agreement, he was not sure of the strength of the buy-in.

Carsten Hohnke (Ward 5) wanted to know what would happen if the council did not approve the change. Assistant city attorney Mary Fales explained that the document was binding only if all parties agreed to it. Hohnke indicated he was not interested in “belaboring the debate.”

Taylor indicated he’d support it for all the reasons previously discussed.

Outcome: The council voted to reapprove the articles of incorporation for the new countywide transit authority, with dissent from Jane Lumm (Ward 2), Stephen Kunselman (Ward 3), Marcia Higgins (Ward 4) and Mike Anglin (Ward 5).

Firefighters, Fire Truck

The council considered two agenda items directly related to fire protection: hiring three additional firefighters and authorizing the purchase of a new aerial truck.

Firefighters

The council was asked to authorize a revision to its FY 2013 budget that will allow for staffing of three additional firefighters for the next two years, bringing the budgeted staffing level for firefighters from 82 to 85. The positions will be funded with a $642,294 federal grant through the Staffing for Adequate Fire and Emergency Response (SAFER), which was announced earlier this year on May 30, 2012.

According to fire chief Chuck Hubbard, the city currently has three vacancies – which means 79 firefighters on staff.

The $321,000 from the SAFER grant for each of the next two years will be allocated for three firefighter positions, which the city estimates will cost $255,000 (at $85,000 per position). The remaining $66,000 per year will be spent on other unspecified fire services needs, according to the staff memo accompanying the resolution – including overtime and fleet expenses. Hiring a fourth firefighter would require using $19,000 of the city’s fund balance, according to the memo.

The budget amendment was anticipated based on the city council’s budget deliberations and final FY 2013 budget resolution earlier this year, on May 22, 2012, which directed the city administrator to submit a proposal to amend the budget and hire additional firefighters if the SAFER grant were to be awarded.

Jane Lumm (Ward 2) asks to be recognized to speak during the council’s Aug. 9 meeting. On the left is Tony Derezinski (Ward 2).

Jane Lumm (Ward 2) wanted to know what the $66,000 would be spent on. City administrator Steve Powers indicated that part of it would go toward overages already incurred. It would also be used to help pay for overtime, fleet expenses, and other fire service operations. The city is projecting a tight budget for FY 2013, Powers said.

Lumm wanted to know if the department was fully staffed at the budgeted level of 82. Hubbard indicated to Lumm that the approved budgeted level was 82. Powers clarified the question, which was essentially: Are we fully staffed? Hubbard indicated that right now the fire department has 79 firefighters – due to a retirements and recalled firefighters who did not return.

Sandi Smith (Ward 1) expressed concern about funding for firefighters in future years after the grant expires: What happens in two years? Hubbard indicated that in 2014 the city has the option to apply for another grant. Powers indicated that part of the rationale for hiring three firefighters instead of four is that the city’s projections are that it can sustain the staffing level of 85 when the two-year grant program is over. He allowed that one possibility is to reapply for the SAFER grant, but the city would prefer to fund the positions on its own.

Outcome: The council unanimously approved the budget change to allow the hiring of three additional firefighters.

Fire Truck

The council was also asked to authorize $1,043,685 from its fleet fund to purchase a new 2013 Sutphen model SPH100 mid-mount aerial platform – a “tower truck.” The department currently has two aerial trucks. The new purchase replaces a 1999 Emergency One brand 100-foot ladder truck – but it will be kept as a “reserve” aerial truck in the department. The department also has a 1996 Emergency One brand 100-foot aerial truck, which will be kept as a secondary aerial truck. Whichever Emergency One aerial truck first starts to have maintenance and repair costs that exceed its value will be retired from service – and the other truck will remain as a reserve.

The new truck is expected to arrive in 10-12 months.

Sabra Briere (Ward 1) noted that some constituents of hers who live in tall buildings were concerned about the city’s current tower truck functioning well. She wanted to know the difference between a ladder truck and a mid-mount truck.

Fire chief Chuck Hubbard explained that “mid-mount” is related to the way it’s built – on a mid-mount vehicle, the aerial component of the truck is mounted to the area just behind the cab. Responding to a question from Briere, Hubbard indicated that it’s not mid-mount versus rear-mount that determines how high the aerial platform can go, but rather the angle of inclination.

Briere said she’d heard that the city’s existing ladder truck had a weak piece that broke and couldn’t easily be fixed. Hubbard indicated that the new truck is very well built, made by a 100-year-old company. He felt that the issues with the existing truck had been well addressed in the purchase of the new truck – and indicated that replacement parts would be easy to acquire.

Mayor John Hieftje was keen to stress that the city’s ladder truck and tower truck were both currently back in service. And during the period when they were not in service, the “box-alarm” could have been used to get a tower truck from a neighboring jurisdiction. He ventured that long-term, it would make sense to think about a regional approach to those types of vehicles, saying that in many departments they are rarely used.

Responding to a question from Sandi Smith (Ward 1), Hubbard said there are more than 100 buildings in the city that are considered “high rises.” Smith asked if it wasn’t the case that they were likely fully-sprinkled – equipped with sprinkler systems under city code. Hubbard allowed that the codes are fairly strict. Hieftje asked city administrator Steve Powers to track down the percentage of high rise buildings that have sprinkler systems.

Responding to a question from Stephen Kunselman (Ward 3), Hubbard said that the preference for a platform instead of a ladder was based on ease of rescue. A ladder would require that a firefighter assist someone all the way down the ladder.

Kunselman got confirmation from Hubbard that the fire truck purchase is not connected at all to the possibility that the city will adopt a new station plan – operating out of three stations instead of the current five.

Mike Anglin (Ward 5) wondered if the number of firefighters required for operation of the truck was related to the “sway” of the truck. Hubbard said it has nothing to do with that, but rather with the number of tasks that have to be performed in connection with an aerial truck.

Outcome: The council unanimously approved the purchase of the aerial fire truck.

Nominations

The usual pattern for appointments to various boards and commissions is that their nominations are made at a council meeting and a vote is taken at a subsequent meeting.

Disabilities Commission: Petersen

Among the nominations for boards and commissions made by mayor John Hieftje at the city council’s Aug. 9 meeting was Sally Petersen to fill a vacancy on the commission on disability issues. Petersen will likely be joining the Ann Arbor city council itself in November, having received more votes than incumbent Tony Derezinski in the Aug. 7 Ward 2 Democratic primary. No other candidate will be on the ballot for Ward 2 on Nov. 6.

In announcing Petersen’s nomination, Hieftje said there was no reason to delay it. Petersen had also applied for appointment to the park advisory commission at the same time she’d applied for a spot on the commission on disability issues.

The commission on disability issues dates back to 1969, but has undergone several name changes since that time, including various forms of the word “handicap.” The commission was established to “promote and advocate for equal opportunities for all individuals with physical, mental and/or emotional disabilities.”

The city council will vote on confirmation of Petersen’s appointment at its Aug. 20 meeting.

DDA Nominations: Smith, Hewitt, Orr

Nominated for reappointment to the board of the Ann Arbor Downtown Development Authority are Sandi Smith, Roger Hewitt and Keith Orr. Those nominations were placed before the city council by mayor John Hieftje at the council’s Aug. 9 meeting.

This year’s DDA board officer elections, held  two months ago at the DDA’s July 2, 2012 annual meeting, again featured abstention on some votes by board member Newcombe Clark – because the future composition of the board was not yet clear. Hieftje’s custom for many reappointments to city boards and commissions has been to provide no public indication of his intentions on those nominations.

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 council. And every meeting typically includes public commentary on subjects not necessarily on the agenda.

Comm/Comm: Community Center

Orian Zakai addressed the council as an organizer for the Imagine Community – a nonprofit that promotes solidarity between homed and homeless people, she said, through skill-sharing and creativity. In the last four months, she said, they’ve been cooperating with an educational program at the local homeless shelter, the Delonis Center. Their goal for this year is to open a community center in Ann Arbor, where homed and homeless people can create social lives, learn from each other and stay out of the cold together. They’re waiting for someone to address what they see in the streets – growing desperation, more people out on the streets, insufficient social services, public health care and metal health assistance. They’ve proposed to the city to lease the empty 721 N. Main city-owned building and to take over responsibility for the maintenance of the building in order to make it a hospitable space for a community. She claimed that the city is more interested in costly business plans that would serve business owners and corporate interests than about creating community.

Addressing the contracts with companies that would perform demolition, she wondered what would be built in place of the houses to be demolished – parking lots, high rises and business centers? She said that mayor John Hieftje had been quoted as saying that we’re going to hand the city off to the younger generation and that he thinks young people want to live in a city center with a lot of activity. Contrasting with that sentiment was one expressed by Rose, a Groundcover News vendor, who said that community and not consumption is the next big thing. Zakai said that as a young-ish person, she wanted to live in a community – where people care about each other and no one is left out in the cold to fend for themselves – not a city center. If she had wanted that, she would have chosen to live in Chicago, Tel Aviv, or New York.

Comm/Comm: Democratic Progressive Agenda

Thomas Partridge introduced himself as resident of Ann Arbor and the 53rd District of the Michigan house of representatives. He called on the council and the public to stand up for democratic progress, and build a new Michigan by building affordable housing and re-electing Barack Obama. We need to take courage and stand up and call on our leaders to adopt significant agendas that will benefit the majority of residents. He called on the council to turn away from special interests and the charter amendment protecting city parks, and to focus instead on providing adequate funding to end homelessness, access to affordable housing and to city, countywide and regionwide affordable transportation.

Comm/Comm: Sustainable Practices

Kermit Schlansker recalled his time as a soldier in Germany during 1945-47 after World War II. What he saw was extreme poverty and food shortages, he said. People would trade cameras, radios and jewelry and other items for food. The German farmer was king, he said. His German wife told of going to cut a designated tree for fire wood and having to transport it a long distance in a pull-wagon.

Schlansker indicated that could happen in this country as natural resources get scarcer, and poverty will grow. Before it becomes a national catastrophe, many people will be suffering. We need a place where desperate people can go and trade a little work for food and a place to sleep, he said. We need a place where parolees and drug addicts can go and survive without stealing, he said. Sooner or later, poverty will be ubiquitous. The best remedy is to establish work farms located near cities – for growing food and energy, designing new products and starting new businesses.

Comm/Comm: Smart Meters

Darren Schmidt again addressed the council on the topic of smart meters – which are being installed by DTE Energy to allow for remote measurement of electric usage and for measurements in finer increments. He brought a device that he told the council could measure the effects of such smart meters. The device indicates with colored lights the amount of electromagnetic radiation, he said. He contended that DTE is controlling the Michigan Public Service Commission. Even though there’s an opt-out program, he said, what’s at issue is public airspace. He offered to show people the measuring device and reported that Matt Naud, the city’s environmental coordinator, had taken him up on the offer.

Comm/Comm: Citizens United

Stuart Dowty told the council that he was there to recruit them as a group to do something about the U.S. Supreme Court’s Citizens United decision. Ultimately, it’s about money, he said. CU means that we’re dealing with a fundamental change in the nature of our democracy – and something should be done about it. The Ann Arbor council should join the effort toward education about CU, he said. Bob Davidow told the council he’s a member of the group – the Washtenaw Coalition For Democracy. It’s important to understand, he said, that CU didn’t create a problem, but rather exacerbated a pre-existing problem.

Present: Jane Lumm, Mike Anglin, Margie Teall, Sabra Briere, Sandi Smith, Tony Derezinski, Stephen Kunselman, Marcia Higgins, John Hieftje, Christopher Taylor, Carsten Hohnke.

Next council meeting: Monday, Aug. 20, 2012 at 7 p.m. in the council chambers at 301 E. Huron. [Check Chronicle events listing to confirm date]

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Under Michigan’s Act 198 of 1974, the next step for that abatement, on application from Barracuda, will be for the city council to set a public hearing on the abatement. After the public hearing, the council could then grant the abatement, which is estimated to be valued at around $85,000.

At its July 2 meeting, the Ann Arbor city council had voted to set the Aug. 9 public hearing on the industrial development district. A letter dated June 1, 2012 from First Martin to the Ann Arbor city clerk requested the establishment of the district. First Martin is the owner of the property at 317 Maynard.

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]

Eunice Burns, former Ann Arbor city councilmember and Downtown Development Authority board member, introduces herself to city administrator Steve Powers before the July 2 council meeting started. Burns was on hand to receive a proclamation for Huron River Day, which falls on July 15 this year. Burns, along with Shirley Axon, is co-founder of the event. (Photos by the writer.)

Most obviously fitting that theme was a resolution passed by the council directing the city’s planning commission to incorporate 16 sustainability goals into the city’s master plan. The 16 goals, which were compiled from existing planning documents, had worked their way through a community engagement process and were adopted by several city commissions before arriving before the city council. The goals fall into four categories: climate and energy; community; land use and access; and resource management.

Clearly related to land use and access (the goal of “preserve our natural systems”), as well as resource management (“eliminate pollutants in our air and water systems”) was a resolution directing city staff to develop a “green streets” policy. The policy would formalize an approach to stormwater management that would allow city street projects to incorporate various technologies to mimic natural processes, to reduce the amount of stormwater runoff that goes directly into the city’s stormwater pipes and on into the Huron River. Features like bioswales, for example, would filter stormwater through natural systems so that pollutants from street surfaces would not flow directly to the river.

The river itself was part of the meeting’s sustainability theme as it was highlighted with a mayoral proclamation in honor of Huron River Day, which falls on July 15 this year.

Among the specific sustainability goals in the category of “community” is one that addresses economic sustainability: “Develop a prosperous, resilient local economy that provides opportunity by … rewarding investment in our community …” In that spirit, the council took the first step toward awarding a tax abatement to Barracuda Networks, a company that recently announced it’s moving from its Depot Street location into downtown Ann Arbor as part of a planned expansion of its workforce.

Another agenda item could be analyzed as part of the “integrated land use” and “economic vitality” sustainability goals: final approval of a rezoning request for the Shell station on the northeast corner of Ann Arbor-Saline and West Eisenhower Parkway.

Fitting into the “community” sustainability category was a resolution that made Ann Arbor a member of the Washtenaw Health Initiative (WHI) by authorizing a $10,000 annual membership fee. The goal of the WHI is to help local health care providers handle an influx of an estimated 50,000 newly insured patients when federal health care reforms take effect in 2014. The specific sustainability goal is to “provide services that meet basic human needs of impoverished and disenfranchised residents to maximize the health and well-being of the community.”

The council also approved appointments to three city commissions that are connected thematically to the sustainability goals – environmental, greenbelt advisory, and planning.

Making the city of Ann Arbor more financially sustainable is not an explicit part of the sustainability goals adopted by the city council. Yet financial sustainability could be seen as an outcome of the council’s ratification of three different union contracts. All three contracts increase the retirement benefit vesting period for new hires from five to 10 years, and increase the period for the final average compensation calculation to five years from three. The three labor groups that had their contracts ratified were the police professional assistants, civilian supervisors, and the deputy police chiefs.

Some of the public commentary also featured a sustainability theme – as former Allied Bendix engineer Kermit Schlansker outlined the energy efficiency benefits of cisterns. Also weighing in during public commentary were opponents of the new “smart meters” that are being installed by DTE Energy in Ann Arbor and other Michigan communities.

In other business, the council approved a weapons screening contract with the Washtenaw County sheriff’s office – for the 15th District Court, located inside the new justice center along with the Ann Arbor police department.

During communications time, city attorney Stephen Postema updated the council on legal action related to the Dream Nite Club, which had its liquor license revoked earlier this year. He said four significant court rulings on lawsuits filed by the club’s owners against the city had gone the city’s way.

The council’s communications also included mention of two ballot questions that voters might have to decide in November. One is a renewal of the park maintenance and capital improvements millage. The council is almost certain to place that millage renewal on the Nov. 6 ballot. Another question is less certain – one that would change the city charter to require a voter referendum, if the city were to lease parkland. The charter already prohibits the sale of parkland without a referendum.

Sustainability Goals: Master Plan

The council considered a resolution directing the city planning commission to start a process of incorporating 16 sustainability goals into the city’s master plan. While that master plan review process is underway, the council’s resolution directs the city administrator to apply the 16 goals in staff work. [.pdf of 16 sustainability goals]

The sustainability goals are divided into four categories: resource management; land use and access; climate and energy; and community. By way of illustration, from the land use and access category, one of the goals is: “Establish a physical and cultural environment that supports and encourages safe, comfortable and efficient ways for pedestrians, bicyclists, and transit users to travel throughout the city and region.”

The goals were culled from more than 200 goals that are already found in existing city planning documents, as part of a project that began in early 2011. The work has been funded by a Home Depot Foundation grant.

Development of the work by city staff was initially guided by volunteers who serve on four city advisory commissions: park, planning, energy and environmental. Members from those groups met at a joint working session in late September of 2011. Since then, the city’s housing commission and housing & human services commission have been added to the conversation. A series of panel discussions on each category was held earlier this year, as was a public forum to solicit input.

The city planning commission voted on June 5, 2012 to recommend to the city council that it pass the resolution considered by the council on July 2.

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?”

Sustainability Goals: Public Commentary

Alan Haber told the council that in some circles he’s considered a pest. But he perseveres, he said. He supports the sustainability goals and he thinks they’re an important step. He related the notion of sustainability to the efforts of homeless people to organize their own community along the lines of Camp Take Notice. He then pointed to the city-owned building at 721 N. Main and contended that if the city made it available, that would help a community form, and that would be a part of the realization of sustainability goals.

Haber also contended that sustainability requires space for a community on top of the new underground parking structure on South Fifth Avenue. That space can change and create its own story, he said. When he attended a recent meeting of the Connecting William Street committee, which is working to develop possible scenarios for alternate uses of city-owned surface lots, all of the scenarios involved developing the top of the parking structure in some way. None of the scenarios allowed for open space there. The committee had not heard a word of the input that had been provided, he contended – because people all over town said they wanted an open space. That’s what the community wants, he said.

Kermit Schlansker.

Kermit Schlansker, a former engineer with Allied Bendix, told the council that the problem with wind and solar power is that it’s intermittent. A way to store the energy is needed, he said. He suggested that cisterns could be part of the solution. In the summer, he said, cistern water can cool buildings. In the winter, the use of a heat pump on cistern water – at 55 F degrees – would be relatively efficient, he said. Forget about rain gardens and rain barrels, he said, because they don’t store energy.

The big problem with cisterns, Schlansker said, is how to build them. The work of digging them has to be done by hand, but that would make jobs for poor people. He compared cistern digging to coal mining. The best way to store carbon is to leave it in the ground, he said. Like apartment houses, cisterns are one of the few energy devices that can last 1,000 years.

Sustainability Goals: Council Deliberations

At the July 2 meeting, Tony Derezinski (Ward 2) asked city planning manager Wendy Rampson to come to the podium. Rampson introduced Jamie Kidwell, sustainability associate with the city. Kidwell had done most of the work, along with some interns, Rampson said. City environmental coordinator Matt Naud and Rampson had assisted Kidwell, Rampson said. Kidwell ventured that many councilmembers had seen the sustainability goals through commissions and boards they sit on.

Derezinski asked Kidwell to give a succinct definition of sustainability. By way of responding to Derezinski, Kidwell noted that an effort had been made to build the vision of sustainability from existing planning documents. It’s from those documents that the four “chapters” were distilled: resource management; land use and access; climate and energy; and community. They build on the city of Ann Arbor’s 10 environmental goals that were adopted in 2007, she said.

Carsten Hohnke (Ward 5) asked Kidwell to talk about how we’ll know if the city is making progress. In responding, Kidwell alluded to the city’s State of Our Environment Report. She indicated that for sustainability, more detailed indicators would be developed along the lines of the environmental indicators. Those indicators will be tied to targets, she said, and she ventured that those indicators would be reviewed on a biennial basis.

Outcome: The council unanimously approved the resolution directing the planning commission to integrate the 16 sustainability goals into the city’s master plan.

Green Streets Policy

The council considered a resolution that directs city staff from a range of different departments to work with the environmental commission to develop a “green streets” policy.

The policy would formalize an approach to stormwater management that would allow street projects to incorporate an “array of products, technologies, and practices that use natural systems – or engineered systems that mimic natural processes – to enhance overall environmental quality and provide utility services …” The goals of developing and implementing the policy include a reduction in the amount of untreated stormwater flowing from streets directly to the city’s stormwater system and into the Huron River. By implementing systems like bioswales, for example, a portion of the stormwater runoff from streets, which includes contaminants from the road surface, would be filtered naturally before entering the river.

To emphasize the impact that the city’s streets have on stormwater runoff, a staff memo accompanying the resolution indicates that Ann Arbor’s 27 square miles includes 11.2 square miles of impervious surface, of which about one quarter (2.9 square miles) is the city right-of-way. City staff estimate that half of the runoff in the city’s stormwater system comes directly from the city right-of-way.

At the council’s meeting on June 18, 2012, city environmental commissioner Valerie Strassberg had addressed councilmembers, asking for their support in bringing the resolution forward. At that meeting, Sabra Briere (Ward 1) indicated she’d be bringing the resolution forward at the July 2 meeting. It was co-sponsored by Carsten Hohnke (Ward 5). Hohnke and Briere are the two city council appointees to the environmental commission.

The city staff who are directed to take part in the development of the green streets policy are in the systems planning, project management, field operations, parks and recreation, and planning departments.

The resolution was introduced by Briere. She noted that the city staff have already worked hard to implement various green streets approaches. However, the city has no policy about how to implement those approaches or what level of priority to assign them. She stressed that the green streets policy that will be developed by the environmental commission under the direction of the council’s resolution would come back to the council for its review. The council would then decide if the policy has been properly developed.

Hohnke characterized it as a move to provide formal guidance. City staff have been involved in the green streets techniques. And this approach has always been a growing part of how the city has thought about managing its streets, he said. Stormwater has an impact on infrastructure and the quality of our water, he continued. The city should bring new technologies to bear on this problem. Those technologies include pervious pavement and a “whole suite of actions that improve stormwater runoff.”

Jane Lumm (Ward 2) stated that she does support the resolution. She offered her thanks in advance to the staff and the environmental commission for the work they’d be doing. However, she wanted to add that when the green streets policy comes back to the council for review, she hopes to see supporting data that clearly articulates costs and benefits, including benchmark data with other cities. She noted that the council had recent approved a pervious pavement project, and it wasn’t clear what the capital and operational differentials were. She understood that a policy doesn’t mean something is set in stone. But she wanted a solid sense of the costs that are contemplated by the green streets policy.

Outcome: The council voted unanimously to direct the development of a green streets policy.

Huron River

The Huron River was featured twice during the meeting – in connection with a proclamation about Huron River Day, and during public commentary about park rules against swimming in the river.

Misty Lyn and the Big Beautiful from their Sonic Lunch performance during the summer of 2011. From left: Ryan Gimpert, Misty Lyn, Matt Jones, Carol Gray, Jim Roll.

Huron River: Huron River Day

The proclamation in honor of Huron River Day is an annual one. This year the celebration falls on July 15. Co-founders of the event – Eunice Burns and Shirley Axon – were on hand to receive the proclamation.

Burns put in a plug for one of the bands that’s playing this year: Misty Lyn and the Big Beautiful. She noted that her granddaughter, Carol Gray, plays in the band.

In her brief remarks to councilmembers, Burns told them that some new events are included this year, among them a triathlon. The three legs of the event require bicycling from Argo to Gallup, running a circuit on land around Argo Pond and then kayaking back down to Gallup. [Swimming is not a part of the triathlon.]

Huron River: Swimming

David Collins introduced himself as an avid canoeist and occasional swimmer. He told the council he wanted to address some signs he’d seen posted at the Argo Cascades [a new bypass around Argo Dam that includes a series of drop pools]. The posted signs indicate that no swimming is allowed pursuant to Chapter 39 of the city code, which Collins described as apparently prohibiting swimming from city-owned land adjacent to waterways, except for those areas that are designated for it.

By way of background, Chapter 39 reads in relevant part:

3:2. – Restrictions.
While in a park, no person shall:
…
(16) swim, dive or play golf or hockey except in areas specifically designated for such purpose.

The idea of swimming in the Argo Cascades had been discussed at the park advisory commission meeting on May 15, 2012, when commissioners ventured that it might be a way to deal with the heat. From The Chronicle’s coverage:

David Barrett ask about the possibility of people swimming in the pools of the cascades – especially as the weather gets warmer. Colin Smith [the city's parks and recreation manager] noted that there’s a park rule against swimming in the river using parkland as a bank. And given the level of boating activity in the cascades, he said, if the intent was to go for a relaxing dip, it wouldn’t be all that relaxing.

During his remarks to the council on July 2, however, Collins contended that the park rule was unenforceable. He appreciated the city’s interest in promoting safety and in protecting itself from liability. But the city, he contended, does not have the authority to enact an ordinance like Chapter 39 that restricts use of the river. He cited the public trust doctrine that governs riparian rights and referred to a state of Michigan publication – ”Public Rights on Michigan Waters“:

It is quite clear that although a riparian owns the fee to the bed of a navigable (public) stream, his ownership is subordinate to the right of the public to the free and unobstructed use of the stream for navigation, fishing, swimming and other uses inherently belonging to the public.

Collins noted that if the city “invites guests,” it might have additional responsibility. For open and obvious dangers, he said, the city did not have liability. Only when the risks are hidden dangers are there real issues, he said.

Rather than post warnings about violations of an abstract, unenforceable piece of the city’s code, Collins suggested that the signs should provide warnings about real danger – like sharp, hidden rocks. That kind of sign could be more effective to prevent people from trying to use the Argo Cascades chutes as a water slide.

Barracuda Tax Abatement

The council considered setting a public hearing under Michigan’s Act 198 of 1974 on establishing an industrial development district for 317 Maynard St. in downtown Ann Arbor. Setting the hearing – for Aug. 9, 2012 – is the first of several actions that will be necessary to grant a tax abatement to Barracuda Networks, which is relocating from Depot Street to the downtown property owned by First Martin Corp. A letter dated June 1, 2012 from First Martin to the Ann Arbor city clerk requested the establishment of the district.

After the public hearing on the district, the council will need to vote on establishing the district. Then Barracuda Networks will need to apply for the abatement. The city council will need to vote to set another public hearing – this time on the abatement. And then the council will need to vote on the abatement itself. According to reports from Barracuda, the value of the abatement to be requested is estimated at around $85,000.

The city is prohibited by state statute from abating taxes on any more than 5% of the total state equalized value (SEV) of property in the city. Responding to an emailed query in May 2012 (in connection with a tax abatement for Sakti3), Tom Crawford, the city of Ann Arbor’s chief financial officer, wrote to The Chronicle that total SEV for the city for 2012 stands at $5,294,974,640, and the total SEV of abated property in 2012 is $8,935,974. That works out to 0.169% – well under 5%.

Outcome: Without discussion, the council voted to set a public hearing for Aug. 9, 2012 on establishing an industrial development district for 317 Maynard St.

Shell Station Rezoning, Site Plan

The council considered final approval of a request to revise the zoning regulations associated with the parcel on the northeast corner of Ann Arbor-Saline and West Eisenhower Parkway, where a Shell service station is located.

The city planning commission had previously voted unanimously to recommend approval of the zoning changes at its April 17, 2012 meeting.

The council was also asked to consider the site plan for the project.

Owners of the station are asking for revisions to the site’s planned unit development (PUD), which would allow them to build additions onto the existing 1,000-square-foot convenience store. The new additions would total 4,089 square feet, including 2,189 square feet to the north and east of the store. Their plan also calls for converting the 900-square-foot carwash area into new retail space. The existing access drive to the carwash would be landscaped, and the parking lot would be reconfigured for a new total of 16 spaces.

According to a planning staff memo, the PUD revisions were recommended because they are seen as providing an overall benefit to the city, by: (1) supporting the continued viability of retail options for the surrounding neighborhood; (2) creating job opportunities from this expansion; and (3) controlling the architectural design standards of this building as a gateway into the city.

The initial approval to the PUD rezoning was given at the council’s May 21, 2012 meeting.

Shell Station: Public Hearings

Separate public hearings were held on the PUD rezoning and the site plan.

Thomas Partridge was the only person who spoke at either hearing. He introduced himself as a resident and candidate to represent the 53rd District in the Michigan house of representatives. He called on the city council to come together behind a specific and firm commitment to affordability goals and environmental goals as part of the sustainability goals that were on that evening’s agenda. Those goals should include a commitment by service stations to support the public transportation system, he said. Service stations should be required to provide charging stations for electric vehicles, he contended. They should also be required to provide adaptable technology for hydrogen-powered vehicles.

Partridge called for the zoning change to be revised to require access to affordable housing.

Outcome: Without discussion, on separate votes, the council unanimously approved the site plan and rezoning request for the Shell station at the northeast corner of Ann Arbor-Saline and West Eisenhower Parkway.

City Membership in Washtenaw Health Initiative

The council considered a resolution that allows the city of Ann Arbor to become a member of the Washtenaw Health Initiative (WHI). The resolution altered the budget for fiscal year 2013 (which began July 1, 2012) by adding $10,000 of general fund money to the budget for the office of community development – to cover the membership fee for this year. The resolution also recommends consideration of renewing the membership next year. [The city of Ann Arbor adopts budgets only one year at a time.]

A goal of WHI is to help local health care providers handle an influx of an estimated 50,000 newly insured patients when federal health care reforms take effect in 2014. The goal is to develop a plan to provide better health care for the county’s low-income residents, the uninsured and people on Medicaid – prior to changes that will be mandated by the federal Patient Protection and Affordable Care Act, recently upheld by the U.S. Supreme Court.

Currently, 2,719 people in Washtenaw County are already eligible for Medicaid but not enrolled – and of those, 958 are city of Ann Arbor residents.

The WHI is a collaboration co-chaired by former county administrator Bob Guenzel and retired University of Michigan treasurer Norman Herbert, along with Ellen Rabinowitz, executive director of the Washtenaw Health Plan. The effort is jointly sponsored by the UM Health System and Saint Joseph Mercy Health System, and facilitated by Marianne Udow-Phillips, director of the Center for Healthcare Research & Transformation – a joint venture of UM and Blue Cross Blue Shield of Michigan.

Other partners involved in the project include the Ann Arbor/Ypsilanti Regional Chamber of Commerce, Arbor Hospice, Catholic Social Services, Dawn Farm, Hope Clinic, Huron Valley Ambulance, Integrated Health Associates, Packard Health, Planned Parenthood of Mid and South Michigan, United Way of Washtenaw County, and the Women’s Center of Southeastern Michigan.

The Washtenaw County board of commissioners voted on April 4, 2012 to make the county a member of WHI – and approved the $10,000 membership fee. The city and county are two of over 30 members of WHI, who have together contributed more than $100,000 to the effort.

Washtenaw Health Initiative: Council Deliberations

Appearing before the council were Bob Guenzel, community co-chair of WHI, and Marianne Udow-Phillips, director of the Center for Healthcare Research & Transformation. CHRT is facilitating the initiative, Udow-Phillips told the council.

Sabra Briere (Ward 1) noted that when the council had been briefed about the initiative at a previous working session, councilmembers had been told they’d eventually be asked for funding. Briere asked: What will the $10,000 help accomplish? Guenzel noted that WHI has been a voluntary effort led by the two major health systems in the area – the University of Michigan Health System and Saint Joseph Mercy Health System. Guenzel continued by saying that retired Saint Joseph Mercy Health System CEO Bob Laverty had started the effort and that Udow-Phillips had provided her organization’s support. The first year and a half, Guenzel said, the entire effort had been voluntary. They’d decided they didn’t want to incorporate as a 501(c)(3).

Instead, he said, they’re asking entities to become charter members of the organization. Many of the member agencies contribute in-kind support, he said – like the hospitals and safety-net clinics. For next year, Guenzel said, they’ve developed a budget of about $100,000. That will ensure the availability of a dedicated employee from Udow-Phillips’ CHRT.

Guenzel told the council that WHI had approached the two major health systems for support and they’d agreed to help with $30,000 each. But the two health systems also wanted the community to contribute a piece of the support. Guenzel said that WHI had asked the Ann Arbor Area Community Foundation, United Way and the Washtenaw County board of commissioners for $10,000 a year. So WHI was now asking the city to contribute the same amount that the county had contributed.

Guenzel felt that this approach is effective and efficient. CHRT has made a great commitment, he said, in terms of their expertise and their ability to draw other agencies together. Whether the Affordable Health Care Act was upheld or not, Guenzel said, WHI thinks the initiative is important. The Supreme Court ruling meant that it had gotten over one hurdle, but he expected there would be others.

Guenzel concluded by allowing he’d given a long answer to Briere’s question. Briere told him it had been a good answer.

Briere followed up by asking how WHI will dovetail with what the state of Michigan does. Udow-Phillips responded to Briere’s question by saying that assuming the state moves ahead with Medicaid expansion, the WHI efforts will help the community plan to provide access to health care for those who’ll be newly insured. Even if the state does not move ahead with an expansion of Medicaid, she said, then the state or the federal government will move ahead by establishing a health care exchange. That will result in 300,000-400,000 people in Michigan who will get subsidies to buy private health insurance. Many of those people will be in Washtenaw County, she said, so by planning, the county’s health care system will be able to serve these newly-insured people.

In Washtenaw County, Udow-Philips continued, there are about 28,000 people who are uninsured. About 13,000 of those would be eligible for Medicaid under a Medicaid expansion, and most of those would be eligible for a subsidy to purchase private insurance, if that’s the route that’s taken.

Tony Derezinski (Ward 2) said he’s happy to hear this news. Ann Arbor is a great place to retire, he said, because of the quality of the health care. He asked Udow-Philips if she’d looked at other community health plans before developing an approach. She indicated that the model was Massachusetts – and the planning that Massachusetts had failed to do. When more people became eligible, there were not enough providers to give them access, she said. Massachusetts had not done the kind of planning WHI is doing in this county, she said. Once the Affordable Health Care Act was passed, the WHI organizers decided they wanted to do the necessary planning. No other counties are doing the kind of planning WHI is doing, she said. She’d like Washtenaw to be a role model for other counties in Michigan.

Carsten Hohnke (Ward 5) thanked Udow-Philips for her efforts. If it turns out that WHI determines there’s a lack of health care capacity compared to the needs of the newly-insured, Hohnke wanted to know what some of the options are for expanding that capacity. Udow-Philips told Hohnke that they’re in the final stages of that analysis right now. Both major health systems are bringing in more practitioners to Washtenaw County, she said. But it’s important to make sure those practitioners serve the Medicaid population. So WHI is working with major safety-net providers – like the Packard Clinic, Ypsilanti Family Practice and the Taubman Center – to make sure practitioners will be available. Udow-Philips stressed that not just doctors are considered practitioners – it could mean nurse practitioners, she said. The preliminary numbers would be looked at the following week, she said, to look at what the gap in capacity might be.

Outcome: The council voted unanimously to approve the $10,000 of support for the Washtenaw Health Initiative.

Commission Appointments

The council considered confirmation of four nominations to three different commissions; all nominations had been made at the council’s previous meeting, on June 18, 2012.

Toward the end of the July 2 meeting, Ken Clein and Kirk Westphal were considered as appointments to the city planning commission. The late agenda slot is reserved for confirmation of mayoral nominations. The vast majority of board and commission appointments are made by the mayor.

However, nominations to the environmental commission and the greenbelt advisory commission are made by the council as a body. So those confirmation votes came relatively early in the meeting as a part of “council business.” The council considered John German’s nomination to the city’s environmental commission and Archer Christian’s nomination to the greenbelt advisory commission.

Appointments: Christian to Greenbelt

On the greenbelt advisory commission, Christian is replacing Mike Garfield. Garfield is director of the Ecology Center, a nonprofit based in Ann Arbor, and Ms. Christian is the center’s development director. Garfield was term-limited as a GAC member, having served two consecutive three-year terms. The spot vacated by Garfield is not designated for a representative of the Ecology Center. However, the nine-member commission includes two slots for representatives of environmental and/or conservation groups. The greenbelt advisory commission oversees the proceeds generated by two-thirds of the city’s open space and parkland preservation millage, which is levied at a rate of 0.5 mills.

Council deliberations were brief. Carsten Hohnke (Ward 5), who serves as the city council’s representative to the greenbelt advisory commission, reminded his colleagues that Ms. Christian is filling a slot on the commission designated for someone who works with a conservation organization. Christian also has a long history of involvement in land conservancy, Hohnke said.

Outcome: The council unanimously confirmed Archer Christian’s appointment to the greenbelt advisory commission.

Appointments: German to Environmental

John German’s term on the environmental commission expired in August 2011, but he has continued to serve. His nomination and confirmation amounted to formalizing what was already the case. German’s background includes work with Chrysler, the U.S. Environmental Protection Agency, Honda, and the International Council for Clean Transportation.

Ann Arbor’s environmental commission was established 12 years ago through a city ordinance, with the charge to “advise and make recommendations to the city council and city administrator on environmental policy, environmental issues and environmental implications of all city programs and proposals on the air, water, land and public health.”

The council’s deliberations consisted of a reminder from Sabra Briere (Ward 1), one of the council’s representatives to the environmental commission, that German is currently serving on the commission, that his re-appointment was missed at its time of renewal last year. So the appointment the council would be making, she said, would extend retroactively. The three-year term would thus end on Aug. 7, 2014.

During her communications time, Briere also announced that applications for a vacancy on the commission would be considered at the commission’s next meeting. She encouraged people to apply.

Outcome: The council voted unanimously to confirm John German’s appointment to the environmental commission.

Appointments: Clein, Westphal to Planning

On the city planning commission, Ken Clein, a principal with Quinn Evans Architects, replaces Erica Briggs, who did not seek re-appointment. Among the architectural projects Clein has worked on locally are the University of Michigan’s Hill Auditorium renovation, the new Ann Arbor municipal center, and the Zingerman’s Deli expansion.

Kirk Westphal’s appointment was a re-appointment. Westphal is principal at Westphal Associates, a firm that produces video documentaries. He holds a master’s degree in urban planning from the University of Michigan. City planning commissioners serve three-year terms.

Outcome: The council voted unanimously to confirm the appointments of Ken Clein and Kirk Westphal to the planning commission.

Labor Agreements

The council considered separately three collective bargaining agreements with members of the Teamsters Local 214: with the police professional assistants (4 employees), the deputy chiefs (2 employees) and the civilian supervisors (~30 employees). Robyn Wilkerson, human resources and labor relations director for the city of Ann Arbor, responded to questions from Jane Lumm (Ward 2).

From left: Marcia Higgins (Ward 4) confers with Jane Lumm (Ward 2).

Lumm had questions about the new-hire pension program, which the city began implementing for its employees last year. It involves increasing the vesting period for the pension program from five years to 10 years, and calculating the pension based on a final average compensation of five years instead of three years. All of the collective bargaining agreements include no wage increase, but instead a lump sum payment of $1,000. The contracts for all three units are for two years, through June 30, 2014.

Wilkerson clarified for Lumm that the same pension program language is in previous agreements – for police and fire department employees. It’s now officially city-wide. Lumm inquired if it had been discussed by the council’s labor committee. Marcia Higgins (Ward 4) indicated that the policy had been considered and moved forward in June 2011.

Higgins, who serves as chair of the council’s labor committee, explained that the contracts came up quickly on the council’s agenda because the items move to the agenda when the bargaining units ratify the contracts. City administrator Steve Powers confirmed that the collective bargaining units had just ratified the agreements the previous Thursday. Lumm briefly mulled the possibility of asking for postponement, but decided simply to express her view that she feels strongly that the city needs to move to a defined contribution plan instead of the defined benefits plan it currently has. She reminded her colleagues that she had been prepared to bring forward a resolution on the night they’d deliberated on the FY 2013 budget – a resolution that would have directed the development of a defined contribution plan. That night she’d declined to put the resolution before the council, due to the meeting’s late hour, but she indicated at the July 2 meeting that she’d bring the proposal to the council’s budget committee.

Stephen Kunselman (Ward 3) observed that with the move to shorter, two-year contracts, the city would basically be in a phase of continuing negotiations. Wilkerson pointed out that they are all two-year agreements with wage re-openers after one year. She observed that since the state legislature has passed a law regulating how much public employers could contribute to employee health care, it means that the focus of the bargaining is on wages. Kunselman ventured that there would be plenty of time to address the issues if concerns come up.

Lumm asked how many employees were in the group of civilian supervisors. Wilkerson told her it was about 30. Lumm wanted to know if Wilkerson had a sense of how many new hires would be made in that category. Wilkerson indicated that based on what she was seeing in other departments, she thinks there will be a significant increase in retirees.

Outcome: On three separate votes, the council unanimously approved the collective bargaining agreements.

Weapons Screening Contract

On the July 2 agenda was a resolution to approve a contract with the Washtenaw County sheriff’s office. The city would pay $187,000 annually for the sheriff’s office to provide weapons screening services for the 15th District Court, located inside the city’s new justice center building at the corner of Fifth and Huron.

The contract pays $25.25 per hour per officer, with the number of officers estimated to be roughly three each day. Currently, the weapons screening takes place at metal detectors at the building’s entrance.

During the brief council deliberations, Jane Lumm (Ward 2) recalled the council’s previous discussion about the location of the security checkpoint within the building.

The city council engaged in lengthy deliberations at its April 2, 2012 meeting about the placement of the security check. The context of those deliberations was a vote on the acquisition of Ed Carpenter’s proposed “Radius” sculpture, at a cost of $150,000, to be installed in the lobby of the justice center building. As proposed, and eventually approved by the council, viewing the sculpture from inside the building during normal business hours would require going through a security check.

Lumm asked about a meeting of the city council’s building committee that had been mentioned at the time. City administrator Steve Powers told her that a meeting of that committee had been set for July 16. The meeting will include a discussion of the location of the security checkpoint.

Ballot Questions

The Ann Arbor city council has until its second meeting in August to put various questions before voters on the Nov. 6, 2012 ballot.

Ballot Questions: Charter Amendment on Leasing Parks

During communications time at its July 2 meeting, the council heard from Jane Lumm (Ward 2) that she and Mike Anglin (Ward 5) are working to bring a ballot question to Ann Arbor voters that would further tweak a city charter provision related to the sale of parkland.

The charter provision had been approved in November 2008 by a 81%-19% margin (42,969 to 9,944). The tweak would involve adding actions like “lease,” “license,” or “re-designate” to the set of actions on city parkland that require a voter referendum.

The 2008 ballot question had asked voters if they wanted to add a clause to the city charter that would prevent the sale of city parkland without a voter referendum. Michigan’s Home Rule City Act already lists among a city’s prohibited powers: “… to sell a park, cemetery, or any part of a park or cemetery, except where the park is not required under an official master plan of the city …” But that year some residents were concerned that the city was looking to sell Huron Hills golf course – and they saw the exception in the state statute as a possible loophole. The council voted to place the question before voters that year over dissent from councilmember Marcia Higgins (Ward 4) and former councilmember Leigh Greden.

That year, the council had consciously settled on wording that included just selling, as opposed to leasing. In an Oct. 31, 2008 Ann Arbor News article, mayor John Hieftje was quoted as follows: “From time to time, we’ve thought about how nice it might be to have a restaurant near the river. I think it’s something people would really enjoy … That would be impossible if the ballot measure was expanded to include leasing.”

What prompts the current desire to contemplate adding “leasing” and other arrangements to the mix is concern that a portion of Fuller Park could eventually be used for a new rail station. Amtrak currently operates a station on Depot Street near the Broadway bridges. [See coverage of the council's June 4, 2012 meeting, when it accepted a $2.8 million federal grant to complete a planning study to confirm the Fuller Road site as the locally preferred alternative location for a new rail station.]

One draft of the ballot question that Lumm and Anglin are crafting reads: “Shall the voters of the City of Ann Arbor amend the city charter to require that the city shall not sell, lease, license, re-categorize or repurpose, without the approval, by a majority vote of the electors of the city voting on the question at a regular or special election, any city park, or land in the city acquired for a park, cemetery, or any part thereof?” Lumm indicated that she’d bring the resolution to the council for a vote at its July 16 meeting.

Mike Anglin (Ward 5).

Lumm recounted much of the history of the previous charter amendment and thanked assistant city attorney Mary Fales for her help in drafting the ballot question.

Later during a second round of council communications, Anglin followed up on Lumm’s remarks. He described the history of the 2008 resolution as not enjoying support from some environmental groups – saying that many people knew the language was imperfect when it was presented. Still, Anglin said, the charter amendment was a way of moving something forward that was needed at the time. There’s always been a group of people who are interested in how to further protect our parks, he said. When the PROS (parks and recreation open space) plan was adopted [at the city council's March 7, 2011 meeting], Anglin said he refused to voted for it because he felt that the plan was not as assiduous as it should be about protecting the city’s own land.

From The Chronicle’s coverage of Anglin’s opposition to the PROS plan in early 2011:

Mike Anglin (Ward 5) weighed in saying that he was 95% in favor of the plan but had some problems with it that would lead him to vote against it. He then read aloud a statement with objections, including issues with the proposed Fuller Road Station and public-private partnerships in the parks.

Speaking about the upcoming charter amendment resolution, Anglin allowed that there are a number of “tricky” items in it. But he felt it’s important to continue to work to fulfill the intent of the 2008 charter amendment. He said he’d be talking to individual councilmembers about it, and he hoped it could make it onto the ballot in November.

Ballot Questions: Park Maintenance & Capital Improvements Millage

While council support for placing a parkland lease question on the November 2012 ballot is uncertain, it’s likely that the council will follow the park advisory commission’s recommendation to place a renewal of the parks maintenance and capital improvements millage on the ballot. Christopher Taylor (Ward 3), who is one of two council ex officio members of PAC, indicated that consideration of that millage question would take place at the council’s July 16 meeting.

Taylor described PAC’s approach in evaluating the millage renewal as a long and diligent process to put the renewal of the existing parks millage before voters in November. PAC has also recommended that the council re-affirm the administrative policies that guide the use of the taxes generated by the millage.

Ballot Questions: Art, Non-Partisan Elections?

Other possible ballot questions that have received some consideration by councilmembers include a charter amendment that would make city elections non-partisan.

And during deliberations on May 7, 2012 about a piece of public art to be commissioned for the city’s new justice center, Stephen Kunselman (Ward 3) mentioned the possibility of establishing a millage just for public art. That would require placing a question on the ballot.

Locally, any city of Ann Arbor ballot questions might be joined by one that is likely to be put forward by the Ann Arbor District Library to support a downtown building project. A countywide transportation millage is less likely to be placed on the November ballot, given the delays in approval of all the necessary documents.

Communications and Comment

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

Comm/Comm: Voting

During his turn at public commentary at the conclusion of the meeting, Thomas Partridge called on all clerks in all jurisdictions in the next few days to promote voter registration before the deadline [July 9, 2012 for the Aug. 7, 2012 primary].

Example of a voter registration card recently mailed to Ann Arbor residents.

It’s important that citizens express themselves at the polls, Partridge said. Voting should be made more accessible and barriers to voting must be removed, he said. It should also be possible to vote without producing undue amounts of personal information and documentation. He also stated that serious consideration should be given to internet voting in the state of Michigan

And during his communications time at the start of the meeting, city administrator Steve Powers noted that residents have received in the mail an updated voter registration card. The reason for that is related to redistricting in connection with the 2010 census. The outcome of the changes in the city ward boundaries had not changed the voting location for the vast majority of residents, Powers noted, but the notification is required by law to be sent out.

Comm/Comm: Pool Closing

During his communications time, city administrator Steve Powers reported that the closure of Veterans Memorial Park pool had been caused by a pump failure – caused by a small towel getting into the mechanism. Staff are looking at ways to prevent that in the future, he said. [The pool is expected to be closed until July 11, 2012.]

Comm/Comm: 4-3 Jackson Lane Conversion

At its April 2, 2012 meeting, the Ann Arbor city council voted to submit a request to the Michigan Dept. of Transportation to convert the segment of Jackson Road between Maple Road and South Revena from four traffic lanes to three. At the council’s July 2 meeting, during his communications time, Mike Anglin (Ward 5) called that action by the council premature. [He and Jane Lumm (Ward 2) had voted against submitting the request.] Because of the public outcry, Anglin said, MDOT had scheduled another meeting: on Tuesday, July 10 from 5-8 p.m. at Abbott Elementary School, 2670 Sequoia Parkway.

Anglin said that commuters, who will be affected by the conversion, are also part of the community. He allowed that he’d also heard from members of the bicycling community on the issue [many of whom support the lane conversion].

Comm/Comm: Affordable Services

As he typically does, Thomas Partridge addressed the city council at the beginning of the meeting during public commentary reserved time and at the conclusion of the meeting as well. During his first turn at public commentary, he told councilmembers he’s running for state representative in the 53rd District of the Michigan house of representatives. He called for greater attention to affordable housing, transportation, health care and education. He also stated that it’s important to provide economic development and job growth for the city, the county and the region. As a representative, he said, he’d take on these goals and build from the ground up and fully fund these areas.

Comm/Comm: Smart Meters

Several people reprised public commentary from previous council meetings – on the topic of “smart meters,” which can record electricity consumption at relatively small intervals (less than an hour). The meters then communicate that usage information to the utility for monitoring and billing purposes. For the first time at an Ann Arbor city council meeting, a resident questioned the scientific and health claims made by those who oppose installation of the meters.

DTE smart meter.

Linda Kurtz expressed her objection to smart meters based on health effects. She described the biological mechanism by which smart meters affect the human body – by disrupting the regular voltage differences across cellular membranes. RF radiation dislodges calcium ions and causes membranes to leak, she contended, and it disrupts the blood-brain barrier.

Carol Neylon called it unconscionable that DTE has been allowed to install smart meters. She cited a multitude of independent issues, including personal privacy concerns and health issues. She contended that in Toronto, where such meters had been installed, the impact had been that customers received higher bills. She was concerned about the ability of DTE to shut off someone’s power remotely and to track energy usage 24/7. She characterized smart meter installation as being about a big company doing whatever it takes to make profits.

Bethanni Grecynski cited privacy concerns. She expressed concern about the ability to hack the system and obtain people’s energy consumption information. Although an option was being discussed to opt out of smart meter installation, she contended that it would cost $50/month. Many people can’t afford to pay that. She also contended that the smart meters can cause people’s bills to go up. She questioned whether it’s fair that only the rich can opt out – that didn’t seem like an American idea to her.

But her real interest, said Grecynski, is health. She allowed that statistics have shown the smart meters are safe – but she asked councilmembers to remember how cigarettes and processed food were once thought to be safe.

Nanci Gerler told councilmembers that she’d lived in Ann Arbor 44 years. She noted that she had appeared before the city council previously. She’s not happy about the continued installation of smart meters in the community. A recent meeting about smart meters held at Crazy Wisdom bookstore was standing-room only, she reported, so concern is growing. She noted that a Michigan Public Service Commission (MPSC) report recommends an opt-out provision. Now, she said, DTE has 90 days to respond. But in the meantime, the community will be saturated with smart meters, she said. She contended that the effect is already palpable for those who are hypersensitive to electromagnetic radiation.

Michael Benson introduced himself as a Ward 2 resident, but wanted to address the council as a graduate student in the University of Michigan radiation laboratory. He deals with electromagnetic radiation on a regular basis, he said. He’s not an expert, he allowed, but felt it was appropriate to provide a few facts. He noted that public commenters had said that smart meters provide additional RF radiation – sure, that’s true, he said. A cell phone, or a computer, or even the microphone he was speaking into are radiating a little bit. The FCC provides standards for levels of radiation that are acceptable, he continued, and testing is done by the NIH (National Institutes of Health). Cell phones operate at a maximum of 1W of transmitting power compared to smart meters at 250 mW – or about 1/4 the level of a cell phone, he said. Those figures are the maximum – and they’re often below that, he said.

Benson also observed that during public commentary, councilmembers had heard about electromagnetic hypersensitivity. He contended that WebMD is a pretty good reference source for medical conditions, and this condition is not listed on WebMD. Benson told the council he was not there to comment on the public policy issue of smart meters, but as far as the science goes, he suggested that councilmembers take everything they’d heard “with a grain of salt.”

By way of anecdotal illustration, no apparent impact can be seen on The Chronicle’s measured residential electricity use since installation of a smart meter in March 2012:

Over the last four fiscal years, electricity usage at The Chronicle’s residence has shown essentially the same seasonal variation. Green bars are the most recent year. Lines are previous years.

In this gas-furnace house (thermostat 60 F), supplemented by electric space heaters, the electricity usage (blue bars) patterns with heating/cooling degree days.

Comm/Comm: Dream Nite Club Lawsuit

During his communications time, city attorney Stephen Postema told the council that before that night’s meeting, Tony Derezinski (Ward 2) had asked Postema to mention the Dream Nite Club cases. [The city had taken steps that led to the revocation of the club's liquor license. For some previous Chronicle coverage, see the March 19, 2012 city council meeting report.]

Four significant rulings – two in federal court and two in state court – had gone the city’s way, Postema reported. The ruling illustrated the importance of the process the city followed, he said. The courts had upheld every aspect of the city’s action. Postema stressed that a liquor license does not involve just rights, but also responsibilities.

Postema described Derezinski’s handling of the liquor license hearing, over which Derezinski had presided, as requiring “great patience.” Postema felt like the judges in the cases had read the entire transcript of the hearing. The conclusion had been that all the due process elements were met. Postema stated that the city was ready to be challenged, and it was gratifying to have the courts confirm the city’s position. He also emphasized that the entire process associated with revoking the Dream Nite Club liquor license had taken a lot of work – and people sometimes forget the amount of work that it takes to do the business of the city.

Not reported by Postema to the council at their meeting was the filing earlier that day, July 2, of a motion to set aside the judgment that had been made against the Dream Nite Club owners by judge Paul Borman. The motion seeks to set aside the judgment and to file an amended complaint. The amended complaint lists out a number of specific allegations, including the use of racial epithets by individual Ann Arbor police department officers in their interactions with Dream Nite Club management staff. The amended complaint alleges that AAPD officers had indicated a desire to shut down the club because of its black clientele, and had scrutinized black patrons in a manner that white patrons were not forced to undergo.

The original complaint did not include those specific allegations.

Borman’s opinion in dismissing the case had been based on the unamended complaint. Borman’s ruling relied in part on a U.S. Supreme Court case, Ashcroft v. Iqbal (2009).

Defendant City of Ann Arbor’s increase in police activity outside of Plaintiffs’ nightclub after a violent incident may have incidentally impacted the racial minorities who happen to patronize Plaintiffs’ nightclub, but the purpose of increasing the police presence was not to target racial minorities. The facts alleged impel the conclusion that police activity increased as a result of crime at and in the vicinity of the nightclub. Thus, Plaintiffs’ conclusory allegations of racial animus “are … not entitled to be assumed true.” Iqbal, 556 U.S. at 681.

Inferring racially discriminatory intent from the sequence of events alleged in the Complaint, as Plaintiffs ask the Court to do, requires an inferential leap that is not supported by the facts.

The Iqbal case was significant, because it’s been analyzed as signaling a change in the basic way that courts are supposed to consider motions to dismiss a case. Following Iqbal requires district courts to distinguish allegations that are statements of fact from those that are conclusions of law. It’s been analyzed as a return to “fact pleading” – which requires a claim to include all the relevant facts in support of the claims that have been asserted. From 1938 until Iqbal, the prevailing system had been “notice pleading,” which requires only sufficient facts to put someone on notice about the claims asserted against them. Under “notice pleading,” the expectation is the facts would be introduced partly under the discovery process – where a plaintiff would be able to depose witnesses and subpoena additional documents from a defendant.

Comm/Comm: Human Rights

Sandi Smith (Ward 1) who also serves on the city’s human rights commission, announced that the commission is partnering with the Michigan Department of Civil Rights to hold a public hearing on Thursday, July 12, from 6:30-9 p.m. in the city council chambers in city hall. The purpose of this hearing is to hear testimony on discrimination based on sexual orientation and gender identity – especially as it relates to the Elliot-Larsen Civil Rights Act.

Comm/Comm: Nuclear Weapons

Odile Hugonot Haber addressed the council on the topic of nuclear weapons. She recalled how 10 years ago she’d organized a week-long teach-in on nuclear weapons. She lamented the fact that not very much progress is being made – nuclear states are not reducing their stocks. The weapons will be smaller and meaner, she said. We’re spending a trillion dollars on nuclear weapons rather than on life, she said, and that’s concerning to her.

Comm/Comm: Half-Crosswalks

Kathy Griswold told the council that in the course of her work to document crosswalks and intersections that do not have adequate sight distance, she’d noticed two crosswalks that are only “half a crosswalk.” One is in front of Casey’s Tavern on Depot Street – on the north side of the street there’s not anything, but on the south side there’s a curbcut. The other location is on Traver at Nixon. She said there’s a curbcut on the south side of the street, but nothing on the north side.

Present: Jane Lumm, Mike Anglin, Margie Teall, Sabra Briere, Sandi Smith, Tony Derezinski, Stephen Kunselman, Marcia Higgins, Christopher Taylor, Carsten Hohnke.

Absent: John Hieftje.

Next council meeting: Monday, July 16, 2012 at 7 p.m. in the council chambers at 301 E. Huron. [confirm date]

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