This is a preview of the council’s continued meeting, which starts at 7 p.m. in council chambers at city hall. Topics that council might address include excess TIF (tax increment finance) capture in the Ann Arbor Downtown Development Authority district, a new parking contract with the DDA, and possible amendments to the FY 2012 budget. Factors that might play a role in council’s deliberations include alternative calculations of the excess TIF capture, and issues of control regarding components of the proposed parking contract – such as giving the DDA sole authority to set parking rates.

Council’s Continuation: Background

The council is using a strategy of recessing, then continuing the same meeting, in order to comply with a city charter requirement that the next year’s fiscal year budget be approved at the council’s second meeting in May, which this year fell on May 16. On that date, council chose not to approve the budget for FY 2012, which starts July 1.

The council’s reluctance to approve the city’s budget can be traced to uncertainty about the status of labor negotiations with the city’s police and firefighter unions, as well as uncertainty about the amount of public parking system revenue the city will receive in a new contract being negotiated with the Ann Arbor Downtown Development Authority. That contract was supposed to have been settled by Oct. 31, 2010.

But a scheduled vote by the two parties did not come until May 2, a day when the council and the DDA board met – separately – intending finally to conclude the contract. The DDA board, which met earlier that day prior to the council’s meeting, did not vote on the contract. That’s because board members were informed that morning by city of Ann Arbor financial staff about issues involving possible excess tax capture in the DDA’s TIF district. And the city council then struck the item from its May 2 agenda.

The issue of possible excess tax capture led the DDA to schedule a special meeting held last Friday, May 20, to resolve the return of any excess taxes, and to ratify its side of the new parking agreement with the city.

Readers who attend the council’s May 23 meeting in person, or watch the proceedings on CTN’s Channel 16 – on television or via CTN’s Channel 16 live Internet stream – might see the resolution of lingering issues regarding excess TIF capture in the DDA district, as well as still outstanding issues on the parking contract.

The council might also choose to engage in a series of amendments to the FY 2012 budget, but it’s possible that councilmembers won’t take a final vote on the budget itself. Instead, the council could recess the meeting a second time, to be continued on May 31. Sometime before May 31, the DDA would hold another special meeting, to vote on the city council’s version of the parking contract.

Excess TIF Capture: Will City Forgive $711,767?

At least two issues still linger with respect to the excess tax capture issue: (1) an assumption that the city of Ann Arbor would not insist that its $711,767 share of the $1,185,132 excess capture be returned; and (2) whether the conclusions on which the DDA based its calculations for the excess will be acceptable to the other taxing units, which are due – from the DDA’s view – to receive a total of $473,365. Those other taxing units are: the Ann Arbor District Library; Washtenaw County; and Washtenaw Community College.

At the continued meeting tonight (May 23), the city council is likely to add to its agenda some kind of resolution establishing that the city of Ann Arbor does not expect a return of the $711,767 in excess TIF that it is due. The rationale expressed at Friday’s DDA special board meeting for not making the $711,767 payment to the city was based on a total of $7.5 million in TIF funds already returned to the city since 2003.

For the city’s part, the financial interest in forgoing the $711,767 one-time payment might be coupled with the negative impact the payment would have on the DDA’s ability to offer a parking contract that provides for a regular annual transfer of 17% of gross parking revenues to the city. Next year, that annual transfer would amount to around $2.7 million, based on roughly $16 million in parking revenues.

At their meeting tonight, some councilmembers might argue that the city is simply owed the excess TIF capture, as well as the 17% in public parking system revenue – and that it’s up to the DDA to figure out how to make good on those obligations. One option that’s been mentioned by the city council’s negotiating team during parking contract talks between the city and the DDA is simply to dissolve the DDA.

A request made by The Chronicle under the Freedom of Information Act, returned by the city last week, indicates that the city’s financial staff appears to maintain a current analysis of what the impact would be of dissolving the DDA – though the FOIA response did not include the analysis itself. Back in December 2009, the city’s chief financial officer, Tom Crawford, told the city council at a budget retreat that dissolving the DDA would result in a net positive to the city’s general fund of $700,000 per year.

It’s an open question whether the city council, at its May 23 session, will scrutinize the assumptions on which the DDA excess TIF calculations are based. At the council’s May 2 meeting, Crawford had indicated that the city’s initial calculations of the excess were based on the DDA TIF plan’s “realistic” revenue projections. [.pdf of table showing DDA's calculations in detail]

But the calculations presented at the DDA’s special meeting on Friday were based on an “optimistic” scenario. According to The Chronicle’s math, that’s a difference that works in favor of the DDA’s budget by a little over $100,000. Another assumption – that the excess should be calculated year-to-year, not cumulatively – could have a substantially greater impact. Based on The Chronicle’s math – which is not yet independently confirmed – it could amount to at least $1 million more than the $1,185,132 that the DDA has calculated should be returned to all taxing authorities.

Parking Contract

Lingering issues on the parking agreement include: (1) attachment by the DDA board of a fund-balance underwriting contingency to its approval of the parking contract – which includes a transfer of 17% of gross parking system revenues to the city; and (2) the city council’s willingness to accept a key non-financial component of the new parking contract – giving the DDA sole authority to set parking rates.

To address the first issue, the city council is likely to consider some kind of resolution that provides an assurance to the DDA that the city will underwrite its fund balances, if those balances drop to unacceptable levels due to a parking contract that transfers 17% of gross parking revenues to the city.

The second issue could result in a tight vote on the parking contract itself. At Friday’s special meeting of the DDA board, a nod was made to a concern of some councilmembers about giving the DDA sole authority to set parking rates. Currently, the DDA proposes parking rate changes, which are enacted if the council does not veto them within 60 days. That nod came in the form of an amendment that now includes the city council as an entity with which the DDA must consult before enacting any rate changes. [The contract also requires the DDA to follow a public engagement process similar to the city council's public hearings, before enacting any rate changes.]

That change might not satisfy those on the council who’ve previously indicated some opposition to granting the DDA increased control: Sabra Briere (Ward 1), Stephen Rapundalo (Ward 2), Stephen Kunselman (Ward 3), Marcia Higgins (Ward 4) and Mike Anglin (Ward 5). All five are up for re-election this year. The contract could thus pass on a 6-5 vote. Of course, any of the remaining councilmembers might also vote against that provision of the contract.

In case the city council amends the contract to retain control of rate changes, the DDA board would be able to consider and possibly adopt that revised contract at a special meeting it will likely convene this week anyway –  in order to ratify the city council’s solution to the fund balance underwriting contingency.

FY 2012 Budget

The council might entertain amendments to the proposed FY 2012 budget, but choose not to give it final approval, waiting instead for the continuation of the meeting on May 31.

If the council does decide to entertain budget amendments, they’re likely to include the following: (1) use of $90,000 in general fund reserves to add to the parks allocation; (2) use of $85,600 in general fund reserves to add to human services funding; (3) use of a nominal amount of general fund reserves to cover the cost of an additional primary election (as proposed, the FY 2012 budget anticipated primaries in only two of the city’s five wards); and (4) elimination of a proposed fee for three-times-weekly trash pickup in the downtown area.

Tracking the Council Meeting

Options for tracking the actions of the Ann Arbor city council include attending the meeting in person at city council chambers, 301 E. Huron, or watching the proceedings on CTN’s Channel 16, (on television or on CTN’s Channel 16 live Internet stream).

Somewhat more timely than The Chronicle’s comprehensive meeting reports are briefs filed in the Civic News Ticker. Readers who are eager to find out the outcome of city council votes can track the news there.

Update: 7:30 p.m. May 23, 2011. None of the issues the council was expected to resolve on Monday’s meeting were addressed. Instead, at the very start of the meeting, the council voted to recess, with the meeting to be continued on May 31.

Laura Russello, executive director at Michigan Peaceworks, presented background on the collaboration between the nonprofit she leads and Veterans for Peace on the Iraq Water Project.

Ann Arbor City Council meeting (March 2, 2009): Whatever chance for controversy that might have been present in the Ann Arbor’s City Council meeting agenda on Monday evening was eschewed in favor of values statements. These expressions of values were reflected in many of the agenda items themselves. We’ve organized our account of the meeting in terms of values related to the following topics: water, the arts, land, energy, history, and democracy.

Ann Arbor Value: Water

Iraq Water Project (Clean Water): As a part of the section of the agenda called “Introductions” that starts every council meeting, Laura Russello, executive director at Michigan Peaceworks, presented background on the collaboration between the nonprofit she leads and Veterans for Peace, who joined together to work on the Iraq Water Project. As a result of the destruction of much of Iraq’s infrastructure during the Iraq war, Russello said that only 1 in 3 Iraqis have access to clean water. The goal of the project is to restore access to clean water. So far the national organization has raised $200,000 to repair six water treatment facilities in Iraq, Russello said.

She explained that the goal of Michigan Peaceworks is to help involve the entire community in the project led by Veterans for Peace so that it becomes a “human-to-human” issue. To that end, a variety of events had been organized, continued Russello, including a showing of the movie “Flow” at Michigan Theater, a rally on the University of Michigan campus, op-ed pieces written for the Ann Arbor News, with door-to-door canvassing planned.

Members had a poster depicting a water filter of the sort that the Iraq Water Project is raising money to send to Iraq. It consists of a sediment filter, followed by a carbon filter, with sterilization achieved through an ultraviolet bulb. About 30 of the units have been sent so far.

After presentations made during the “Introductions,” councilmembers sometimes ask questions to elicit more detail from the presenters. Mayor John Hiefte stated that he knew something about water filters and queried Russello about the filter’s processing rate. Eight gallons a minute, she said.

Russello asked for council’s support of the resolution on their agenda, saying that an endorsement from city council would help lend the local effort credibility.

Later, during council deliberations on the resolution, Tony Derezinski  thanked Michigan Peaceworks and Veterans for Peace from his perspective as “a veteran of an earlier unpopular war” and said that he was pleased to support it. Hieftje said he really appreciated the fact that they came and talked to him about the project, saying that it can have an immediate impact on people’s lives.

Outcome: The resolution, which featured a “resolved” clause commending Michigan Peaceworks and Veterans for Peace for their work on the Iraq Water Project, was passed unanimously.

Dreiseitl Project for Municipal Center (Storm Water): During public commentary reserved time at the beginning of the meeting, Margaret Parker, chair of the Ann Arbor public art commission, spoke to the agenda item on  the professional services agreement with Herbert Dreiseitl to create a piece of public art for the new municipal building, which will integrate with the building’s storm water control system. The cost of the preliminary design is $77,000, which was on the agenda for authorization, with the project itself expected to cost around $700,000.

At a recent art commission meeting, some commissioners had expressed concern about some lack of support for the Dreiseitl project among the public. At its October 2008 meeting, there was some surprise expressed by commissioners about the large amount of money available to fund the project, as well as the rapid time line for the project’s selection. At a Sunday night council caucus in early February, Marcia Higgins had also expressed surprise at how much money had accumulated through the one-percent for art program, prompting her to wonder if a half-percent of all capital projects would be sufficient to meet the program’s goals.

Margaret Parker: Parker thanked the city council for its planning by putting the percent for art program in place and said that the Dreiseitl proposal was the first project to be funded through the program. She then gave some brief background on the mechanics of the funding, including the fact that funds from all capital projects that feed into the program can be pooled as long as they’re related to the same funding source. The funds need not be spent in the same year that they accumulate, she said, but they can’t be spend on anything other than public art.

She then began to walk council through the steps that led to the decision to commission Dreiseitl to create a storm water-based project for the new municipal center [which breaks ground in a few weeks, with preparations already underway around the Larcom Building.] First, she said, it was unanimously decided that the new municipal center was the place to focus time and funding. Second, the task force, consisting of many members of the community not on the art commission, had dtermined where in the municipal center the project would be sited. The site selected was the rain garden. With that, Parker’s time was up (three minutes is the time limit for public commentary), and she left the podium saying that she hoped council had read their “little packets and make the right decision.”

Councilmember Margie Teall said she was excited by the fact that Dreiseitl had agreed to do the project. Councilmember Carsten Hohnke said he’d seen a presentation when Dreiseitl was in Ann Arbor last year for the Huron River Watershed Council’s State of the Huron conference. He said it would bring storm water control out into the open and would thus be both educational as well as aesthetically pleasing art.

Outcome: Passed unanimously.

Ann Arbor Value: Art

State Funding: In voting to fund the design of Dreiseitl’s storm water-based art installation, council gave a thumbs up to both water and art. But it spent a fair chunk of time on the subject of just plain art. The topic was first mooted by Shary Brown during public commentary reserved time, who encouraged city council to pass the resolution on its agenda calling on Gov. Jennifer Granholm to maintain Michigan Council for Arts and Cultural Affairs funding at a level of $6.1 million in fiscal year 2010. The funding is in jeopardy as the state looks for ways to cover budget shortfalls.

Shary Brown: Brown introduced herself as director of the Ann Arbor Street Art Fair, which will be 50 years old this summer. The organization also  sponsors the Townie Party preceding the fairs. She pointed out that the art fairs draw .5 million visitors to Ann Arbor each year, who spend $5 million on hotels, $25.3 million on dining and $48.7 million on shopping. It would be short-sighted, she said, for the state to cut funding to the arts.

Kenneth Fischer: Fischer introduced himself as president of the University Musical Society and a proud member of Tony Derezinski’s ward (Ward 2). He said he was there to support the resolution supporting arts funding. He drew a connection between state funding and federal funding, saying that when the federal government looks at state funding levels and and sees no money, it has a negative impact on the likelihood of federal funding. [The idea is that the feds prefer to allocate monies where there is matching local support.]

Fischer recounted how the Michigan Economic Development Corp. had used the 2006 visit from the Royal Skakespeare Co. to leverage the arts to entertain out-of-state CEOs. He cited an assessment by Mary Kramer of Crain’s Detroit Business, who had written that the MEDC had “hit a homerun” with its investment.

Councilmember Teall said she was happy to see the resolution come before council and that she hoped it helped change some minds in Lansing. Councilmember Hohnke encouraged the public to visit www.a2artsalliance.org and to look at the economic impact study to familiarize themselves with the impact of arts on the economy. It’s not direct, he allowed, but it’s significant.

Mayor Hieftje highlighted the language in the resolution, ticking through points like 2,600 jobs that are tied to the nonprofit arts sector and the $57 million in household income that the arts generate.

Councilmember Sandi Smith said that she did not envy Gov. Granholm’s position. She said that Ann Arbor was having difficulty, and in Lansing there would be a similar diffiulty. They’re going to have to go line by line, she said, and the arts seems easy to cut. She said it was ironic, because the state was giving money specifically for the arts through the Cool Cities program a few years ago. Continuing to fund the arts, she said, was going to help Michigan go forward.

Councilmember Stephen Rapundalo urged everyone who cares to put in a call, letter or email. [The website mentioned by Hohnke above provides a form for contacting Governor Granholm.] Rapundalo suggested contacting state Senate majority leader Tom George, saying that there are those who see the benefit from continuing to fund the arts. He said we need to get behind those folks.

Councilmember Mike Anglin stated his support of the resolution. He mentioned that the University of Michigan was going to be re-opening its art museum and urged citizens to contact their legislators.

Councilmember Derezinski said he saw some wonderful people at Monday’s meeting in support of the arts, like Margaret Parker and  Ken Fischer, a “resident of my ward” – an allusion to Fischer’s earlier statment that he was a proud member of Derezinski’s ward, which drew a few chuckles. Derezinski stated that the arts were a wonderful component of Ann Arbor that makes it unique.

Councilmember Sabra Briere was fairly brief. When they send this resolution off to Lansing, she said, they should remember that bread feeds our body, and roses feed our soul. Art, she said, is the roses. Briere was kind enough to send along to the The Chronicle the full text of the poem to which her remark alluded, “Bread and Roses” by James Oppenheim, published December, 1911 in American Magazine:

As we come marching, marching in the beauty of the day,
A million darkened kitchens, a thousand mill lofts gray,
Are touched with all the radiance that a sudden sun discloses,
For the people hear us singing: “Bread and roses! Bread and roses!”

As we come marching, marching, we battle too for men,
For they are women’s children, and we mother them again.
Our lives shall not be sweated from birth until life closes;
Hearts starve as well as bodies; give us bread, but give us roses!

As we come marching, marching, unnumbered women dead
Go crying through our singing their ancient cry for bread.
Small art and love and beauty their drudging spirits knew.
Yes, it is bread we fight for – but we fight for roses, too!

As we come marching, marching, we bring the greater days.
The rising of the women means the rising of the race.
No more the drudge and idler – ten that toil where one reposes,
But a sharing of life’s glories: Bread and roses! Bread and roses!

Outcome: Passed unanimously.

Ann Arbor Value: Energy

Burning Coal: Council had on its agenda a resolution stating the city of Ann Arbor’s opposition to the continued burning of coal to generate electricity. The resolution was recommended by the city’s energy commission, and public commentary included remarks from the chair of that committee, Robert Black, who asked for council’s support of it.

Robert Black: Black introduced himself as the chair of Ann Arbor’s energy commission and advocated for the elimination of the burning of coal to generate electricity. He stressed that there was a certain urgency to the issue, and said that the council’s stand was needed because of Ann Arbor’s role as leader. Ann Arbor  is being watched, said Black.  He pointed out that Dave Konkle, until recently the energy coordinator for the city of Ann Arbor, was in Washington D.C. working with international organizations on the issue. Black said that $20 billion goes out of the state to pay for energy.

Mayor Hieftje led off council deliberations by saying he believes that no more coal-fired plants should be built, and that there was no such thing as “clean coal.” The increased levels of mercury in Great Lakes fish, Hieftje said, were in large part due to the burning of coal. Given that Michigan has the 14th best wind resource in the country, Hieftje concluded that there was no need for the seven new coal-fired plants that were currently proposed.

Councilmember Briere noted briefly that the other side of burning coal is mining coal, which is itself a problem.

Outcome: Passed unanimously.

Earth Day, Earth Hour: Council considered a resolution endorsing Earth Hour, an initiative from the World Wildlife Fund that  asks all citizens, businesses, government agencies, and commercial and non-commercial establishments to turn off all non-essential lighting for one hour beginning at 8:30 p.m. on Sat., March 28, 2009.

Councilmember Smith noted that the time specified was local time, and that Earth Hour would move progressively around the world. She said that it would include streetlights on Main Street plus the lights in city hall.

Councilmember Briere noted that the more lights that go off, the better the chance to see the sky.

Councilmember Marcia Higgins was concerned about the practical side of turning street lights off.  “Are we turning them all off? Have merchants been made aware?” The answers seemed to be “No” and “Yes,” respectively.

Councilmember Hohnke talked about the Earth Hour effort reflecting a “global vote” for global climate treaty negotiations in Copenhagen in December 2009. [The Chronicle learned later that Hohnke is pursuing the possibility, via city staff, of getting data from DTE to measure the impact of Earth Hour locally.]

Mayor Hieftje said that when the lights did get turned off on Main Street for Earth Hour, it would represent an even further reduction from the already small amounts of  energy used  by the LED lighting system.

Outcome: Passed unanimously.

Ann Arbor Value: Land

Greenbelt: The city’s Greenbelt program stems from a millage passed by voters in 2003, which raised funds to purchase additional parkland and to preserve land within the greenbelt district. A central strategy in land preservation is through the purchase of development rights on working family farms. Before Monday’s council meeting, around 750 acres had been protected through the Greenbelt program. Tom Partridge is one of the program’s critics. During his turns at public commentary, he often calls for the money that is spent on greenbelt acquisitions to be spent on other areas instead. With a purchase of development rights for 146 acres through the Greenbelt program on council’s agenda, Partridge rose to comment, and revealed that he has not changed his mind on the question.

Tom Partridge: Partridge reaffirmed the need to stimulate the economy in Ann Arbor, Washtenaw County, and southeast Michigan by taking steps to access federal stimulus money and other public funds. He called for directing public money away from buying up farmland, instead putting it towards a transportation system. He also called for reform of the general practice that puts conditions on certain pools of funding, restricting their use on capital projects as opposed to operational expenses.

Councilmember Hohnke said that the acquisition on the agenda meant that more than 400 acres of operating farmland between Ann Arbor and Dexter had been preserved. He described the acquisition as “going to the sweetspot for the vision of the greenbelt, and emphasized that Ann Arbor taxpayers contribute less than 50% of the cost, with the remaining percentage coming from federal taxes and Webster Township.

Mayor Hieftje put the land acquisition in the context of local agriculture becoming increasingly important.

Outcome: Passed unanimously.

Plastic Bags: Council had on its agenda for the third time a proposed ordinance that would ban the use of plastic bags by retail establishments – the bags with handles used to bag groceries, for example. One of the reasons for such a ban that has been cited by the proposed ordinance’s sole sponsor, Councilmember Stephen Rapundalo, is the litter stemming from such bags. As partly a litter issue, we group it in the “Land” section of the meeting report.

Rapundalo moved for a postponement to June 1 to allow city staff to have a little more time to take in information and to have a discussion with retailers. Rapundalo asked Bryan Weinert, the solid-waste coordinator for the city of Ann Arbor, to give an update on staff efforts. Weinert said that on March 22-23 staff would be meeting with retailers to get feedback on the already-drafted ordinance. He said there would be information on city’s website and a public information survey, acknowledging that there was some controversy surrounding the issue.  Weinert said that based on feedback from the public and merchants, staff would bring forward a recommendation. Weinert did not state what the range of possibilities for such a recommendation would be.

Outcome: Postponed for a third time by unanimous vote.

Solid Waste: As it relates to space in landfills, we include two resolutions regarding the new commercial recycling program in the section on “Land” values. The first of these resolutions was for a waste collection contract with Waste Management of Michigan not to exceed $900,000 per year, and the publication of the ordinance laying out the new franchise system for commercial recycling.

Councilmember Teall, who had worked on the development of the new commercial recycling program, called Bryan Weinert, the city’s solid-waste coordinator, to the podium. Weinert explained that the Waste Management contract addressed the refuse collection side of recycling.

Queried by Councilmember Higgins, Weinert said that to combine the recycling into a single stream where paper and other material was mixed together (for commercial or residential) would require upgrades to the materials recovery center, but that such an approach could eventually be rolled out and was a part of the solid waste plan.

Higgins said she’d received some calls from constituents concerned that moving to a national contract would push smaller operators out of business. Weinert said that an inventory of dumpsters was done and that there were only a very few dumpsters that were handled by anybody but the top three or four haulers. Higgins was given the assurance that businesses like 1-800-GOT-JUNK would continue to do what they do.

During deliberations on the ordinance, Councilmember Leigh Greden said that he thought it was amazing that in a fiscally challenging environment, the city was able to move forward with the commercial recycling initiative. He reiterated a sentiment he’d expressed at an earlier council meeting, when he said that the commercial recycling program was “one of the hallmark things we’ll do this year.” He concluded by saying, “This is an amazing feat.”

Mayor Hieftje said that the issue of low tipping fees in Michigan would need to be addressed, because that was what allowed Canada to dump garbage in Michigan cheaply.

Outcome: Unanimously passed.

R4C Zoning in the Central Area: The ordinance before council called for a direction to city planning staff to begin looking at zoning nonconformities in the central area of Ann Arbor and to work with the public to provide council with recommendations for potential ordinance changes to the residential districts within the the central area. It was brought for consideration by Councilmember Derezinski, who is council’s representative on the planning commission.

Councilmember Higgins expressed some concern that this new direction – together with the A2D2 initiative and the re-evaluation of area height and placement outside the central area –  meant that every piece of zoning legislation in the city was now under review. She wondered about the impact on staff and how the timing of the various initiatives would come together.

Jayne Miller, community area services director, said that for A2D2, there would be a council working session on Monday, March 9, 2009. At council’s March 16 meeting there would be a resolution to begin public process on area, height and placement outside the downtown, Miller said. Based on staff committments, Miller said she thought a committee could be assembled in the summer with work to begin in the fall.

For the work on area, height and placement, Mayor Hieftje announced that each ward needed a resident as a representative on the committee, and that councilmembers needed to identify a representative from their wards to join a collection of representatives from planning comission, city council, and commercial property owners. Hieftje asked councilmembers to move with haste, because the committee would be established at the next council meeting.

Outcome: Unanimously passed.

Ann Arbor Value: History

Ann Arbor District Library: The evening began with a presentation from the AADL about a historical collection of minutes from city council meetings dating from the early part of the 20th century. The Chronicle has already published a more detailed account of the historical online minutes project.

Women: In her communications to her council colleagues, Sabra Briere noted that March is Women’s History Month and briefly called their attention to two women: (i) Virginia Watts, who in 1878 was the first African-American woman to enroll at the University of Michigan, graduating in 1885, and (ii) Ella Bareis Prochnow of Ann Arbor, who in 1930 was the first woman in Michigan to own and manage an automobile dealership.

Ann Arbor Value: Democracy

Citizen Participation: On council’s agenda was a revision to the recently passed citizen participation ordinance, which requires developers to meet with residents in the vicinity of a proposed project early in the planning phase. The ordinance as originally passed allowed for no exceptions, and the revision called for exceptions to be granted for  single-family residential annexation and zoning petitions of less than two acres. During public commentary, Tom Partridge criticized what he saw as an attempt to curtail public participation.

Thomas Partridge: Partridge declared that he opposed the enactment of the ordinance and that he was opposed to all similar ordinances that curtailed public access. He said that it had been a theme of Hieftje’s administration to limit public commentary and to take up matters in closed-door sessions on subjects that should be laid out in detail. He called on council to enact an ethics policy for city government that addresses access by the public to public hearings. He said that public commentary should be possible without requesting the name, address, phone number and topic of speakers.

In the minimal deliberations on the revisions to the ordinance, Mayor Hieftje called the ordinance itself “revolutionary in Michigan,” saying that it goes a long way towards the goal of including the public. He stressed that the revision to the ordinance that night was  just a tweak.

Miscellaneous

Stadium Bridges: The topic of the safety of the Stadium Boulevard bridge over State Street warrants separate coverage, as opposed to relegation to a “Miscellaneous” section. It’s worth noting, however, that at council’s meeting, Sue McCormick, the city’s public services director, gave council an update on the situation with the bridge, which she said was being monitored closely. We hope to be able to provide more details as the city reaches what McCormick described as a “decision point” in the next 30 days about proceeding with a repair or waiting for funding to materialize for a complete reconstruction. For some limited coverage of the topic, see this previous Chronicle article on the bridge.

Michigan Inn: City attorney Stephen Postema announced that the former Michigan Inn on Jackson Road could see demolition this month.

Present: Sabra Briere, Sandi Smith, Tony Derezinski, Stephen Rapundalo, Leigh Greden, Christopher Taylor, Margie Teall, Marcia Higgins, Carsten Hohnke, Mike Anglin, John Hieftje

Next Council Meeting: Monday, March 16, 2009 at 7 p.m. in council chambers, 2nd floor of the Guy C. Larcom, Jr. Municipal Building, 100 N. Fifth Ave. Note: Council will be holding a working session on March 9, 2009 at its usual time and location, to discuss the downtown plan and the A2D2 zoning, recently passed by planning commission. [confirm date]

The resolution passed by your honorable body at your last session ordering the printing of the report of the Board of Public Works in pamphlet form and placing the distribution of the same in the hands of said board I hereby disapprove of, for the following reasons:

Such publication is not warranted by the city charter, which on page 75, section 41, prescribes the manner in which such reports shall be published, namely, in the official newspaper of the city [emphasis added].

Andrew MacLaren demonstrated the online interface and search features of the online archive of Ann Arbor City Council minutes from 1891-1930. In the background: Ward 4's council contingent Margie Teall and Marcia Higgins.

[Editor's note: While The Ann Arbor Chronicle is not "the official newspaper of the city," it's worth pointing out that it is also not a mere pamphlet.]

What is the occasion of this history lesson?  At the most recent Ann Arbor city council meeting of March 2, 2009, the minutes of that meeting exactly 113 years ago to the day – which included Mayor W.E. Walker’s preference for the newspaper over pamphlets – were presented to council in an online format by the Ann Arbor District Library.

They were part of a collaboration between the city of Ann Arbor and the AADL  to put 40 years worth of council minutes online. The  1891-1930 Ann Arbor city council minutes are now available on the Ann Arbor District Library’s website.

Production librarians Amy Cantú and Andrew MacLaren were on hand to introduce the project to council members. Cantú noted that the project was the second such city-library collaboration – the first being the documentation of the history of the Ann Arbor Police Department. She noted that it was a cooperative endeaver, with city clerk Jackie Beaudry working on the project from the city’s side.

MacLaren illustrated for councilmembers the search tools for the project with the example “parking.” He unearthed the first mention of parking in Ann Arbor city council minutes – a May 4, 1925 request to prohibit parking on the north side of Ann Street between Main and Fifth during market hours.

Jackie Beaudry, city clerk, works every Ann Arbor City Council meeting.

MacLaren then searched on “automobiles” and found an Oct. 6, 1902 mention of the institution of a speed limit: 7 mph. The demo earned chuckles from councilmembers, but MacLaren pointed out that the archive could be used for “less goofy things.” He showed councilmembers how the minutes included documentation of contracts and compensation for services, which could be of historical interest.

Josie Parker, director of the AADL, and associate director for IT and production Eli Neiburger were also on hand for Monday evening’s presentation of the online archive.

We invite Chronicle readers to rummage through the city council minutes archive and let us know if you find something interesting.

Carsten Hohnke and Mike Anglin, both of Ward 5, framed by the chairs of Christopher Taylor and Leigh Greden, both of Ward 3.

Outside the Larcom Building around 6 p.m., Ann Arbor Police Lt. Michael Logghe was using a “slim Jim” to try to gain entry to a citizen’s car. The woman had locked herself out of her vehicle with the engine running.

She was there to pay a $15 parking ticket. She was hoping to avoid a call to the tow truck. Logghe had not achieved success by the time The Chronicle headed inside for the reception for new members of council.

Later, inside Larcom, the newly constituted city council with four new members began its year of work by approving the transfer of a liquor license to Quickie Burger, three drainage projects to be implemented to reduce phosphorus load along Allen Creek, plus a contract with Dawn Farms to provide in-patient and out-patient drug abuse counseling and rehabilitation services to the 15th Judicial District Court.

Quickie Burger

A well-attended reception for new councilmembers preceded the meeting Monday, and The Chronicle spent part of that time chatting with Bob Snyder, president of the South University Neighborhood Association. As that reception blended into folks settling in for the meeting, Snyder offered his view of the agenda item concerning Quickie Burger’s liquor license. “Quickie Burger with a liquor license is like a Montessori School with a liquor license,” he laughed.

Councilmember Stephen Rapundalo reiterated the sentiments he expressed at the Nov. 6 council meeting, indicating that he would not support the transfer of the license to Quickie Burger, citing suitability and fit at its 800 S. State St. location. Specifically, he noted that while there are three party stores with licenses, no restaurant-type establishments had them. Rapundalo said that his concern – which he reported was shared by a number of other restaurateurs in the area – stemmed from the implications of the liquor license for policing that area, which he characterized as “in the heart of student country,” with residential areas immediately across the street, not just in the general vicinity.

Dan Dever, legal counsel for Quickie Burger.

Councilmember Margie Teall led off several supporting comments by saying that she’d “gone back and forth on this, but I think will be supporting it.” She said that part of town could use some vibrancy and attention and that she wanted to see some more activity in this little area.

Councilmember Mike Anglin couched his support in terms of supporting a business decision on the part of the owners. “It’s a large decision on their part, a major move that a business in our community is making,” he said. He said that we needed to be very careful that we don’t drive businesses out and that we needed to treat them with a welcoming approach. Anglin pointed out that licenses would be subject to annual review under the liquor committee’s revitalized commitment to bringing Ann Arbor’s process in compliance with state requirements, and that if there were any complaints they could be dealt with in that review process.

Councilmember Leigh Greden said he supported the analysis of Anglin and Teall. He said he wanted to confirm for the public that alcohol sales stop at 2 a.m. with only food served from 2-4 a.m. Greden requested and received confirmation from Quickie Burger’s counsel, Dan Dever, that staff at Quickie Burger would continue to be thoroughly trained to enforce service times as well as the age requirement.

For councilmember Carsten Hohnke, what convinced him to support the license transfer was that police and fire services departments at the city had approved the application, there were no objections from city staff, and he didn’t see any objective criteria on the basis of which he could object.

Councilmember Tony Derezinski echoed the same sentiments as Hohnke.

Councilmember Marcia Higgins sought clarification about the location of the outdoor service component of the Quickie Burger application. As discussion with Quickie Burger’s legal counsel and its owner, Kerope Arman, revealed that the outside service area was along Hill Street – contrasting with the language of the resolution, which talked about State Street – Higgins asked that the language be amended. After the clarifying amendment was passed, discussion continued.

Rapundalo addressed specific points made by his colleagues. “I don’t want my view to be misconstrued as trying to stifle local businesses,” he said, in response to Anglin’s comments. In response to Teall’s comments, he questioned the notion that the area needs more activity, saying that having ridden “party patrol” with the AAPD, he’d observed that it was extremely popular. In response to Hohnke and Derezinski, Rapundalo stressed that what the fire and police department had signed off on is simply that there are no violations on record. He assured his colleagues that there are concerns on the police force about having a liquor license there, but it’s not something they can legally state. He concluded by reiterating that suitability and fit are criteria by which a decision can be made.

Councilmember Sandi Smith weighed in with her support for the license transfer, saying that Quickie Burger serves food from 2-4 a.m. now catering to a post-bar crowd. She said that having a liquor license on site gives more control and more incentive to curb any rowdiness.

When the vote was taken, Rapundalo was joined in voting no by councilmembers Marcia Higgins and Christopher Taylor, who said after the meeting that he had based his vote on the same suitability and fit criteria as Rapundalo.

After the approval, owner Kerope Arman said he was happy with the support from council, and described the role the license would play in a Quickie Burger family dining experience: with a meal, a mom can enjoy a glass of wine, a dad can enjoy a beer, and kids can enjoy one of the recently introduced milkshakes. He described the enterprise as the brainchild of his son, Varujan, in much the same way as he did for David Erik Nelson, writing for “Current” back in September.

Drain Projects

At councilmember Sabra Briere’s request, Molly Wade, water quality manager with the city of Ann Arbor, gave some background on the three drainage projects, all designed to comply with a directive from the state to reduce phosphorus loading in the Huron River by 50% and to reduce E coli levels to those safe for bodily contact. The three projects on the agenda are a part of the 2007 Allen Creek Initiative, which is an effort to achieve the reductions in phosphorus loading. Mayor of the city of Ann Arbor, John Hieftje, elicited from Wade the consequences for not achieving the reductions, which range from state-mandated specific remedies to fines of up to $25,000 a day.

The sites for the three projects are at Pioneer High School ($4,211,242.00), the city of Ann Arbor farmers market in Kerrytown ($572,018.00), and a section along Stadium Boulevard ($702,335.00).

The Pioneer site is on the northwest corner of the school property, which gets used for parking on UM football Saturdays. The project will entail installation of giant underground storage tanks for storm water detention. The location is ideal, said Craig Hupy, manager of the systems planning unit at the city, because it sits downstream from a large portion (10%) of the watershed.

Councilmember Hohnke asked how the 93 pounds of phosphorus that the Pioneer project was expected to remove from the Allen Creek watershed would translate as progress towards the goal of 50% reduction. Hupy said that the 93 pounds was consistent with the 10% of the watershed that the area represented.

Hohnke also asked Hupy and Wade to address the concerns raised by a speaker during public commentary at the start of the meeting. The speaker was Glenn Thompson, who asked council to vote against the farmers market drain project. Thompson pointed out that if the Allen Creek storm water (which is currently contained in an underground pipe) was so polluted that this provided a rationale for why it can’t be day-lighted, it would, therefore, also not be appropriate for a market setting. He likened the envisioned water-based, educational sculpture that has been discussed for the farmers market to a fountain with contaminated water in the produce section of a grocery store. The vision for the water-based art was also something Thompson found to date poorly articulated, characterizing it as a “magic marker sketch.” Based on the small percentage of the watershed to be treated at the farmers market and the project’s cost, Thompson calculated the cost to treat the entire watershed at $2 billion dollars.

In response to Hohnke’s query, Hupy and Wade acknowledged that the main benefit of the farmers market drain project was in the potential for educational benefit: it drew people from outside who could be exposed to the educational message. Hupy said that he felt that the upfront cost to put the appropriate signage in place would pay off in the ongoing education message.

After the meeting, Wade clarified that the water to be used in the water-based sculpture at the farmers market would not be pumped up from the underground Allen Creek, but would be drawn from underground detention tanks filled from rainfall on the farmers market site.

Councilmember Smith asked if modeling of the drains would result in any relief from the phenomenon of manhole covers blown off by miniature geysers during heavy rains. Hupy said it was unlikely that residents would notice an immediate visual impact, but that the the impact would be positive.

Councilmember Anglin pointed out that modeling means measuring and monitoring flow rates and he encouraged moving forward on installing gauges in the drains.

Councilmember Rapundalo sought clarification about the financing of the projects, which will be paid for initially out of the parks millage fund and reimbursed from the storm water fund. “What won’t we be able to do?” asked Rapundalo. Hupy assured him that the short term for reimbursement (30-60 days) would not have a negative impact.

In light of the increased construction activity near the farmers market for other reasons (Fifth Avenue, for example) in the coming year, councilmember Briere asked if there was coordination with the DDA. Hupy said that the DDA had been at the table through the entire process.

Hieftje elicited from Hupy the fact that there are partners on the projects in the form of the township, the road commission, and state highway department and the Ann Arbor Public Schools.

All three projects were approved unanimously.

Sobriety Court Grant Program

The contract with Dawn Farm to provide in-patient and out-patient drug abuse counseling and rehabilitations service to the 15th District Court totals $101,050. Councilmember Briere opened discussion by noting that the contract does not meet the conditions of the city’s living wage ordinance (which requires entities to pay their employees $10.33 an hour with health care, or else $10.96 without health care). But she asked that her colleagues consider the non-monetary room-and-board compensation as part of the equation. “I hope that we can bend the rules just a little bit on this one,” she said.

Councilmember Higgins noted that council had repeatedly adjusted the amounts with and without health care.

Higgins cast the lone vote against the contract. In her subsequent communications to council, she said that when we decide to bend our ordinances, we should think about changing the ordinance: “We should have an open policy discussion instead of bending ordinances.” Higgins noted that the issue of the living wage had come up in the last year in connection with summer festival grants.

Appointments

A council rules committee was appointed, which will consist of Derezinski, Higgins, and Briere.

Other council appointments included: Derezinski to planning commission; Hohnke to greenbelt advisory commission; Teall and Hohnke to the environmental commission.

Richard Beedon was appointed to fill Mike Reid’s unexpired term through June 30, 2009 on the Local Development Finance Authority (LDFA). Reid resigned over a disagreement concerning the amount and timetable that Ann Arbor SPARK, an economic development agency funded in part by the LDFA, would be required to reimburse monies it had claimed but was not entitled to.

Public Commentary

In addition to Glenn Thompson, whose commentary is summarized above, two other members of the public spoke.

Jim Northrup of Ann Arbor Hydraulics with a Stirling engine and a roll of lenticular lens material

Tom Partridge: Partridge called for access to jobs for Michigan residents, universal health care, universal affordable public transportation, and access to affordable lifetime public-supported education, not just in public schools, but in institutions of higher education. He asked council to pass a resolution calling on Michigan’s congressional delegation to address these things, which he said Michigan sorely needs.

Jim Northrup: Northrup, of Ann Arbor Hydraulics, brought a role of lenticular lens material, and a Stirling engine as eye candy for “show and tell.” But what he was before council to request was access to the city’s recycling stream for fresnel lenses from televisons. He wants to use the giant magnifying lenses for research. City administrator Roger Fraser asked Northrup to leave his contact information.

Update on Keys

The vehicle was gone by the time the meeting ended. Either Logghe or a tow truck operator achieved success.

Present: John Hieftje, Sandi Smith, Sabra Briere, Tony Derezinski, Stephen Rapundalo, Leigh Greden, Christopher Taylor, Margie Teall, Marcia Higgins, Carsten Hohnke, Mike Anglin. Absent: none.

Next meeting: Monday, Dec. 1 at 7 p.m. in council chambers, 2nd floor of the Guy C. Larcom, Jr. Municipal Building, 100 N. Fifth Ave.