Ann Arbor water main and sanitary sewer fixed charges: 2004 to present. The proposed increase indicated for 2013 was not adopted by the city council at its Jan. 22 meeting.

The charges are due when a single- or two-family property connects to water and sewer for the first time. The charges are paid by either the contractor/developer or the property owner, depending on who makes the request for a connection.

Consent agenda items – a subset of the council’s business – are by definition voted on as a group, but councilmembers can choose to pull out items from the consent agenda for separate discussion.

That’s what happened at the Jan. 22 meeting. After an attempt to postpone the item failed, the council simply chose not to adopt the increases. But councilmembers were split on the question, with Christopher Taylor (Ward 3), Chuck Warpehoski (Ward 5), Mike Anglin (Ward 5) and mayor John Hieftje voting for the increased charges. Arguments against the increase were based on the amount of the increases, their possible impact on the likelihood of infill development in lower-income neighborhoods, and the fairness of charging new connections for depreciation costs.

The other major chunk of the council’s meeting was devoted to a briefing from Washtenaw County sheriff Jerry Clayton on the transition of police dispatch operations for the city to the sheriff’s office – Washtenaw Metro Dispatch (WMD). Highlights of that presentation included benchmark metrics. For example, WMD answers 97% of all calls within 20 seconds (4 rings). Total call processing time – from when the call is received until some unit is dispatched – ranges from 2.2 minutes for robberies to 5.16 minutes for disorderly conduct calls. According to Clayton, over the last six months since operations have been shifted to WMD from Ann Arbor police dispatch, the cost per 911 call has been decreased by more than half – from just under $40 per call to around $16 a call.

The council also established a project planning budget for a sidewalk on a quarter-mile stretch of Newport Road just north of Wines Elementary School. In other business, the council approved establishing a residential parking district off Washtenaw Avenue southeast of the University of Michigan campus, because streets in the neighborhood were being effectively used as a commuter parking lot for students taking the bus further into campus.

The new residential parking district is located in a neighborhood in the vicinity of the Beth Israel Congregation. Beth Israel came up during communications time as Chuck Warpehoski (Ward 5) responded to public commentary critical of him for not yet bringing a resolution to the council table on the topic of Palestinian rights. Warpehoski essentially indicated he would not be contemplating such a resolution as long as demonstrations continue outside Beth Israel on Saturdays during worship services.

Half of the public commentary at the start of the meeting was on the topic of a proposed dog park – in West Park, across the street from the New Hope Baptist Church. The proposal had been expected by supporters to be on the council’s agenda, but it had not been included. So some turned out to urge council to pursue a dog park at that location. Others simply advocated for establishing a centrally-located dog park somewhere in the city.

The decision to pull the item from the agenda had come after the city’s park advisory commission had voted in December to recommend establishing a dog park in the West Park location for a one-year trial period. But subsequently, parks staff and commission leaders were convinced by members of the New Hope congregation not to push the proposal ahead for consideration by the city council.

Sewer, Water Connections

Included as part of the consent agenda was the annual setting of fixed charges for water main and sanitary sewer improvements. The charges are due when a single- or two-family property connects to water and sewer for the first time. The charges are paid by either the contractor/developer or the property owner, depending on who makes the request for a connection.

The council was asked to adopt the result of a calculation – which has a methodology prescribed by city ordinance – to raise the charges from $15,552 and $24,665 for water and sewer, respectively, to $15,967 and $25,370. That’s an increase of a little under 3%.

The methodology prescribed by city ordinance for water mains is as follows:

“Water main improvement charge fixed charge” shall mean the charge per residential unit for water main improvements, set by city council annually by resolution and calculated on the basis of the city’s average actual cost per residential unit for the 10 most recent publicly constructed water main improvement projects preceding the date the fixed charge is set by city council, with the costs of said projects adjusted as needed to be brought current, using the most recently published Handy-Whitman Index for “Distribution Plant Mains, Average All Types.”

The methodology for sewer connections is similar.

Consent agenda items – a subset of the council’s business – are by definition voted on as a group, but councilmembers can choose to pull out items from the consent agenda for separate discussion. Items on the consent agenda are supposed to have certain characteristics – for example, the consent agenda includes all contracts under $100,000. From the city council rules:

The Consent Agenda shall consist of ordinances and resolutions considered routine. Items on the Consent Agenda may be approved by a single motion. The motion to approve the Consent Agenda shall not require the reading of the titles of items on that agenda other than ordinances. If any member of the Council objects to consideration of an item as part of the Consent Agenda, that item shall be moved to the end of the appropriate portion of the regular agenda. All contracts under $100,000.00 will be listed in the consent agenda for council approval. Contracts over $100,000.00 will be listed in Motions and Resolutions under the DS section for staff.

The item on fixed charges for water and sewer was pulled out for separate consideration by Jane Lumm (Ward 2).

Sewer, Water Connection: Initial Deliberations

Lumm led off discussion by observing that the charges had increased by almost 50% over the course of nine years – reasoning that it amounts to about a 5% increase per year. She observed that 5% is higher than the general inflation rate: Why is that?

Called to the podium to explain the connection charges were public services area administrator Craig Hupy and Elizabeth Rolla, a senior project manager with the city.

Elizabeth Rolla, senior project manager with the city of Ann Arbor.

Rolla pointed to the Handy-Whitman Index for water mains, which aggregates labor rates and material rates. Those rates typically increased about 3% per year, she said. For sewer charges, the guide is the Engineering News Record-Construction Cost Index. Any additional increase in the charges is due to the projects the city has actually done. The costs for the most recent projects are averaged, she explained. Rolla ventured that one of the reasons the costs of completed city projects have increased is that the city’s infrastructure is already built out to a certain point. The places where it is not built out are those areas where it’s more difficult to extend the infrastructure – and that might explain why there’s been an increase in the projects themselves.

An inquiry from Sabra Briere (Ward 1) drew out the rationale for calculating the charges, even when the pipe to which the property is connecting already exists.

Hupy explained that when the connection is first made – no matter how old the pipe is – that’s the first time that property owner is making an investment in the pipe. They get the same service as if it’s new. Their neighbor next door, who’s been connected all along, has been paying for depreciation. The charges put the two parcels on equal footing, and that makes it equitable for existing ratepayers, he said.

Stephen Kunselman (Ward 3) responded to the contention of equity by recalling conversations he’d had with Hupy’s predecessor, Sue McCormick. He’d always remembered hearing about costs that went up dramatically, but didn’t hear about the unintended consequence of lowering the value of unimproved property. He pointed out that the total of the connection charges – around $41,000 – would have to be factored into the cost of acquiring and developing the property, which meant that the value of the property was less. Lower property value meant that its taxable value is less, which means less revenue for the city, he said.

Kunselman wondered how the city would promote infill development in a neighborhood like Springbrook, where houses have been torn down. Kunselman questioned the rationale for the connection charges, saying the pipe to which a property owner is being charged to connect is already in the ground and paid for. “That’s where we disagree,” Hupy responded.

Sewer, Water Connection: Deliberations – Postponement

Marcia Higgins (Ward 4) observed that every year the council is asked to approve the fixed charges before the budget is approved in May. She wondered why it was not synchronized with the budget. Hupy explained that the timing is keyed to the construction season that starts in the spring. Higgins then observed that the city already has fees in place – so she wanted the setting of the fees to be based on the budget cycle. She indicated she would be willing to postpone the vote. Mayor John Hieftje confirmed with Higgins that she wasn’t actually moving for postponement at that moment.

Briere said she’d support postponement. It would also give the council time to discuss whether the fees should be raised at all. Higgins then moved for postponement of the item to the council’s first meeting in April.

Lumm wondered what was going to happen between now and April. Would the council get more information about the capital improvements plan (CIP)? Sally Petersen (Ward 2) said she already knows of a water main she would like to see replaced in Ward 2, which is not recommended in the CIP for replacement in the next construction season.

From left: Councilmembers Jane Lumm (Ward 2), Christopher Taylor (Ward 3), and Stephen Kunselman (Ward 3).

Christopher Taylor (Ward 3) did not see a need to postpone. While he understood the rationale for aligning the budget process and the setting of fixed charges, the data is aggregated based on the construction season. And he saw a risk that the city would be put “behind the cycle.”

Kunselman indicated support for postponement, but asked how many parcels actually had to pay such charges in the past year. Cresson Slotten, the city’s systems planning unit manager, told Kunselman it was on the order of a couple of dozen – not hundreds.

Hieftje indicated that he agreed with Taylor but said it didn’t bother him if the item was postponed. Mike Anglin (Ward 5) wasn’t clear about the nature of other councilmembers’ objections – was it because the new connections included the depreciation costs? Hupy reviewed how the fixed charges for the new connections put a property on “equal footing” with existing ratepayers. Anglin seemed to indicate agreement with that basic approach, but indicated he’d vote for postponement.

Hieftje described the fixed charges as “buying a share” in the infrastructure system that’s been built and paid for. Briere ventured that the motion to postpone reflected not so much the question of how the charges were calculated, but rather on the timing of the cycle for approval.

During this discussion, Chuck Warpehoski (Ward 5) had looked up the city code and noted that the mechanism is set forth in the city code. The code instructs that council that it approves the rates by annual resolution. He saw the value in coordinating with the budget from a planning perspective – but not so much that he wanted to change things now. As he thought about the work ahead of the council, he didn’t see the issue as a high priority. He suggested that the council should set the rates and move on.

Lumm expressed some concern that a reduction in the charges would result in a reduction in revenue that might have an impact on the city’s ability to undertake improvement projects. Hupy confirmed that any reduction in revenue would have some impact, but he didn’t think it would eliminate or save a project.

Outcome: The motion to postpone the vote on the fixed charges for water and sewer connections failed, with only Marcia Higgins, Sumi Kailasapathy, Sabra Briere and Stephen Kunselman voting for it.

Sewer, Water Connection: Final Deliberations

Higgins said she wouldn’t vote in favor of raising rates. She felt that the rates for 2012 were sufficient. An increase of 5% every year is a lot, she said. Kailasapathy also wouldn’t vote to support an increase. She said that if an asset is 10 years old, and someone buys into it in the ninth year, even though that person didn’t use the asset, they have to contribute nine years’ worth of depreciation. She ventured that the city needs to rethink how it determines these rates. One approach might be to consider a longer period for taking the average – not just the 10 most recent projects. That might smooth out the costs.

City councilmember Sumi Kailasapathy (Ward 1).

Taylor indicated he would vote in favor of increased rates. He felt that increasing rates in response to increased costs makes a great deal of sense. He ventured that someone will be on the short end of the arrangement. When there’s an improvement, Taylor said, if a property owner doesn’t pay for the depreciation, then the owner of the new connection will be “freeloading” on the other residents.

Briere sought additional clarification about whether the connection charge reflected a prospective or a retrospective payment. Responding to Hupy’s explanation that the improvement charge paid for the pipe to serve a parcel, Briere abandoned her line of questioning, saying, “I’m not getting any more than confused.”

Kunselman drew out some of the history of the city’s water and sewer improvement projects. Specific projects mentioned included one in the Arbor Oaks neighborhood and one on Baylis Drive. Kunselman questioned whether the city of Ann Arbor was charging for depreciation on a pipe placed by the former municipality of East Ann Arbor. Hupy responded by saying that the city of Ann Arbor has been maintaining it and has paid depreciation on it, and is responsible to replace it. Kunselman reiterated his view that the connection charges are a disincentive for infill development. The amount of the charges, he said, is “getting out of hand.” He called the fees punitive.

Warpehoski came back to the point that the methodology for calculating the charges is laid out in the city ordinance. He saw little discretion for the council – except perhaps on timing.

Lumm called Warpehoski’s point a good one. She was not happy that costs have been increased. She felt that the funding model needs to be addressed, but given that the amounts presented are what the city code dictates, she indicated that’s what the council should vote on.

City councilmember Marcia Higgins (Ward 4).

Hieftje said he’d appreciate it if people would support the rates as proposed as a result of the staff calculation.

Kunselman noted that the city code does not say that the council must do anything – indicating that only the methodology is prescribed. The council has to vote on the increase, but the code doesn’t say the council has to vote yes. He wouldn’t vote for a rate increase, he said. He wanted to encourage some infill development. Higgins said Kunselman was absolutely correct – that the council can say yes or no.

Lumm briefly put forward an amendment to the resolution saying that the existing rates would be retained. Higgins indicated that voting no on the existing resolution would have the same effect – so Lumm withdrew the amendment.

Outcome: The new rates failed on a 4-6 vote. Voting for the rate increases were Christopher Taylor (Ward 3), Chuck Warpehoski (Ward 5), Mike Anglin (Ward 5) and mayor John Hieftje. Voting against it were Marcia Higgins (Ward 4), Sumi Kailasapathy (Ward 1), Sabra Briere (Ward 1), Sally Petersen (Ward 2), Jane Lumm (Ward 2), and Stephen Kunselman (Ward 3). Margie Teall (Ward 4) was absent.

County Dispatch Services

As part of the city administrator’s communications, Steve Powers introduced Washtenaw County sheriff Jerry Clayton to give an update on the first six months of operations since the city began contracting for 911 dispatch services with the sheriff’s office. [.pdf of slides presented by Clayton]

Clayton led off with an historical overview.

• 2010 January: City of Ypsilanti contracted with the sheriff’s office for dispatch services.
• 2010 May: Sheriff’s office and Ann Arbor police department co-located dispatch operations. Agreement for the co-location came at a Dec. 9, 2009 meeting of the city council. Authorization to fund technology related to the co-location came at the council’s Jan. 19, 2010 meeting.
• 2011 March: First strategic discussions between sheriff and police chief.
• 2011 April: Joint city/county task force formed.
• 2011 June: First public discussion of opportunity for consolidation. Chronicle coverage: “Ann Arbor, Washtenaw Joint 911 Dispatch.”
• 2011 September: Ann Arbor city council working session.
• 2011 December: Ann Arbor city council approves contract proposal at its Dec. 6, 2011 meeting.
• 2012 January: Washtenaw County board of commissioners approves contract proposal at its Jan. 18, 2012 meeting.
• 2012: WCSO assumes full responsibility for Ann Arbor dispatch services.

Joining Clayton at the podium were Spring Tremaine and Rochelle Noonan. Tremaine was hired as dispatch operations manager in 2012 upon retiring as a lieutenant with the Ann Arbor police department after 25 years of service. Rochelle Noonan is dispatch operations coordinator, and has worked for the sheriff’s office since 2003.

Highlights of the presentation included a change in the staffing model. A large part of the cost savings stem from eliminating the duplication of a position – that of the LEIN (Law Enforcement Information Network ) officer. Clayton also highlighted the labor union’s agreement to add part-time staff, which allows for more scheduling flexibility.

Staffing levels before and after the Washtenaw County sheriff’s office started providing 911 dispatch services for the city of Ann Arbor.

Clayton stressed that the emphasis is on quality of service. The sheriff’s office is tracking various metrics, in order to establish benchmarks for operations, service quality, financials, and training.

Through the first six months, 97% of calls are being answered within 20 seconds (four rings), which compares favorably to a NENA (National Emergency Number Association) standard.

By way of additional background, the NENA standard also calls for 90% of calls to be answered within 10 seconds – for the hour of the day with the busiest call volume. Washtenaw Metro Dispatch is achieving call answer times of less than 10 seconds for 86% of all calls. From the NENA standard:

3.1 Standard for answering 9-1-1 Calls. Ninety percent (90%) of all 9-1-1 calls arriving at the Public Safety Answering Point (PSAP) shall be answered within ten (10) seconds during the busy hour (the hour each day with the greatest call volume, as defined in the NENA Master Glossary 00-001). Ninety-five (95%) of all 9-1-1 calls should be answered within twenty (20) seconds.

Time to answer emergency calls: Washtenaw Metro Dispatch.

Speed to compete dispatching – from the time a call comes in to the time an officer is sent to the scene – was also broken down by incident type.

Washtenaw Metro Dispatch: Time to dispatch by incident type.

Complaints about how 911 dispatch is handled are also logged and tracked. Some come from responding officers, while others come from the 911 caller. Each one is investigated to determine if it was founded or not. Examples of founded complaints include data entry mistakes (e.g. a wrong license number), notifying the wrong wrecker company, or dispatching an officer who was not the nearest available for that incident.

The number of founded complaints by agency for which Washtenaw County Metro dispatch provides services correlates roughly to the call volume per agency:

Washtenaw Metro Dispatch – founded complaints by agency: Michigan State Police (MSP), Northfield Township Police Department (NTPD), Ypsilanti Police Department (YPD), Ann Arbor Police Department (AAPD) and Washtenaw County Sheriff’s Office (WCSO).

Washtenaw Metro Dispatch – call volume by agency: Northfield Township Police Department (NTPD), Ypsilanti Police Department (YPD), Ann Arbor Police Department (AAPD) and Washtenaw County Sheriff’s Office (WCSO).

Questions from councilmembers included the basics of how dispatching works, especially with respect to fire dispatching, which has been handled by Huron Valley Ambulance since Dec. 1, 2009.

Here’s a sketch of how it previously worked:

[Call]
↓
[911 center]
[fire-protection-related] → [send firetrucks]
[any of 5 "auto-send" medicals] → [send firetrucks]
[any of 28 other medicals]
↓
[HVA]
[as medical information dictates] → [send ambulances]
[as medical information dictates]
↓
[911 center]
[based on HVA request] → [send firetrucks]

-

Since Dec. 1, 2009 the dispatching is handled roughly like this:

-

[Call]
↓
[911 center]
[fire-protection-related or medical-related]
↓
[HVA]
[as medical information dictates] → [send ambulances and/or firetrucks]
[as fire protection information dictates] → [send firetrucks]

Stephen Kunselman (Ward 3) ventured that it might be worth re-examining the contract with HVA and considering a further consolidation of dispatch operations. City administrator Steve Powers indicated that putting all dispatching in the same room would be a “significant undertaking” and would take “more than a memo from the administrator.” Powers based his assessment on his experience having overseen a complete dispatch consolidation as county administrator in Marquette County. [Powers served in that position for over a decade before being hired as Ann Arbor city administrator in 2011.]

Ann Arbor city administrator Steve Powers signs agendas for students so they can prove they completed a class assignment.

Jane Lumm (Ward 2) passed along a concern from a resident who had called 911, and HVA was dispatched. The resident had been surprised to get a bill. Had the resident known there would be a charge, they wouldn’t have called. The explanation offered to Lumm was that the HVA dispatcher makes a judgment about who to send to the scene – a fire truck or ambulance. The Washtenaw Metro Dispatch operators aren’t in a position to quiz a caller to determine and convey information about possible costs.

John Seto, Ann Arbor’s police chief, added that this is an issue that Ann Arbor fire chief Chuck Hubbard is looking at, with an eye toward educating residents about what they can expect when they call 911.

Kunselman added that he knows it’s possible to call 911 and state clearly that “This not an emergency,” and that the call taker would then route the call appropriately. He asked if an educational effort could be made through the Community Television Network (CTN) so that residents could improve their role as citizens when they call for service. Seto indicated he’d follow up with the city’s communications unit.

Outcome: This was an informational update, and did not require a vote by council.

Residential Parking Permit District

The council was asked to approve funding for signs and to authorize a new residential parking district in Ann Arbor – in a neighborhood about a mile southeast of the University of Michigan campus, off Washtenaw Avenue. [.jpg of map showing relation of district to campus]

According to the staff memo accompanying the city council’s agenda item, the rationale for the district is that residents in the area have “extreme parking problems due to the students parking in their neighborhood and then bussing into campus.” Sixty percent of residents in the area signed a petition requesting that the district be established.

Signs for each of the 12 block faces in the district – which includes sections of Austin Avenue, Norway Road and Fair Oaks – will cost a total of $1,800, an amount that was not previously included in the city’s FY 2013 budget.

Permits are sold annually only to residents of the parking district. Without a permit, it will not be lawful to park on the street for more than two hours from 8 a.m. until 6 p.m., Monday through Friday. Fees are $50 per permit, per calendar year. Replacement permits are $15.

The city council was asked to approve the $1,800 appropriation from the city’s general fund balance. Because the action changed the budget, it required eight votes to pass.

The city’s ordinance empowers the city administrator to designate a residential parking district, after notifying the city council. From Chapter 126 Article 6 10:66 on residential parking districts:

If a residential area has excessive parking of vehicles not owned by residents of the area, the Administrator may, after notice to City Council, issue a traffic control order designating a residential parking district. The city shall install signs in a residential parking district indicating that parking time limits do not apply to vehicles with permits. After receiving evidence of residency within a parking district, the city shall issue permits for the vehicles of residents of the district. If a permit is displayed on a vehicle in accordance with the rules of the transportation department, it shall not be a violation to park it in excess of the time limits in the residential district named on the permit. The city council may establish permit fees by resolution.

In addition to the district in the area of Austin Avenue, Norway Road and Fair Oaks, the city has at least eight other residential parking districts.

The minimal council discussion consisted of a brief remark from Christopher Taylor (Ward 3), who said he was happy to see the residential parking district come to pass. The city streets in the area had effectively become a commuter lot. He was glad residents got together and, with the help of city staff, established the district.

Outcome: The council voted unanimously to approve the new residential parking district.

Sidewalk Repair Inside DDA District

The council was asked to approve an agreement with the Ann Arbor Downtown Development Authority covering sidewalk repair inside the geographic district of the DDA. Under terms of the agreement, sidewalks inside the district will be repaired by the city of Ann Arbor – using funds captured by the DDA from the city’s sidewalk repair millage, under the DDA’s standard tax increment finance (TIF) mechanism.

Voters approved the 1/8 mill sidewalk repair millage in November of 2011. The city council resolution placing the question on the ballot that year excluded certain properties inside the DDA district – those that are not one- and two-family houses – from the city’s sidewalk repair program that’s funded with the millage proceeds.

The council subsequently enacted an ordinance, on June 4, 2012, that assigns responsibility for sidewalk maintenance and repair to the city of Ann Arbor. But for the excluded properties within the DDA, the ordinance provides the option that the DDA itself handles repair of adjacent sidewalks or that the DDA pays the city to do the work.

It’s an agreement related to the second of those two options that the city council was asked to approve.

Outcome: The council vote unanimously, without deliberations, to approve two one-year agreements with the DDA.

Newport Sidewalk Planning Budget

The council was asked to approve a planning budget of $15,000 for a quarter-mile stretch of Newport Road – from Wines Elementary School northward to Riverwood. The stretch of road might see construction of a public sidewalk by the summer of 2014. The preliminary $15,000 budget includes preliminary design and construction cost estimates, an evaluation of different funding scenarios, and gathering additional public feedback on the project.

The project has a background that dates back at least to Nov. 15, 2011, when the city held the first of two meetings in response to requests from residents who live in the neighborhood to consider construction of a safe walking path to the school.

A staff memo accompanying the resolution indicates that the city considered a much longer project that would have extended roughly a mile – all the way to the city limits near Holyoke Lane. But based on feedback from public meetings, the city opted for a reduced version of the project. There had been concern about the impact of a non-motorized sidewalk  on natural features and on the “rural character” of Newport Road along that stretch.

Some residents whose property does not front the section of the sidewalk that’s being contemplated have nevertheless indicated a willingness to pay a special assessment to fund the project. That sentiment was conveyed in a 79-signature petition received by the city in late 2012. Special assessments typically apply to just properties immediately adjacent to the sidewalk.

Funds generated from the sidewalk repair millage, approved by voters in 2011, can be spent only on repairing existing sidewalks, not to construct new sections of sidewalk to fill in gaps.

The timeline indicated in the staff memo provided for four months – from February to May – to perform a topographical analysis, prepare preliminary alternatives/cost estimates, and investigate special assessment and other funding opportunities. The month of June would be used to get additional feedback from the public. In August, the city council would authorize final design, construction and funding. From September this year through February 2014, the project would be designed and the multiple, sequenced special assessment resolutions would move through the city council, then the construction would be bid out. Following that general timeframe would allow construction sometime in the summer of 2014.

This is the second sidewalk design project budget that the council has authorized in the last two months. On Nov. 19, 2012, the council approved a $15,000 project budget to design alternatives for a stretch along Scio Church Road. That also came in response to a petition submitted to the city with over 70 signatures.

On Sept. 17, 2012, the council had considered but rejected a proposal added late to that meeting’s agenda to establish a five-year plan to eliminate sidewalk gaps in the city.

Newport Sidewalk Planning Budget: Public Comment

Kathy Griswold spoke in support of the two sidewalk resolutions – especially the one for Newport Road. She called it a good first step. But she encouraged the city to look at a comprehensive system for identifying gaps in the sidewalks – which she believed was taking place now. She also wanted the city to prioritize which gaps to fill and to find funding. She mentioned an AnnArbor.com post that generated 305 comments, which she attributed to confusion about the city’s crosswalk ordinance language. When she tried to find the ordinance language online, she visited the city’s Walk Bike Drive, which she contended had a link to the old ordinance. So she understood why people are confused. She said she was appreciative of the Ann Arbor police department’s efforts and the safety they provide to the community, saying that neither they nor the traffic engineers should be blamed. She asked the council to take the political element out of transportation safety and engineering in this community.

By way of background, the wording of the current ordinance – after two revisions in two years by the city council – reads as follows:

10:148. – Pedestrians crossing streets.
(a) When traffic-control signals are not in place or are not in operation, the driver of a vehicle shall stop before entering a crosswalk and yield the right-of-way to any pedestrian stopped at the curb, curb line or ramp leading to a crosswalk and to every pedestrian within a crosswalk when the pedestrian is on the half of the roadway on which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.
(b) A pedestrian shall not suddenly leave a curb or other place of safety and walk or run into a path of a vehicle that is so close that it is impossible for the driver to yield.
(c) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.

Griswold has previously pointed out the tension that results from motorists following the ordinance while school crossing safety patrol members follow the AAA safety manual for school crossing guards, which includes the directive, “Never allow students to walk in front of a car that stops to allow them to cross.”

Newport Sidewalk Planning Budget: Council Deliberations

Sabra Briere (Ward 1) led off deliberations on the agenda item by describing how residents along Newport Road have requested installation of a sidewalk for over a year. That was stimulated in part by concern that public school busing might become “a thing of the past,” she said. If their children have to walk to school or to a park, then they would prefer to do it off the street instead of on the street.

Briere noted that despite the fact that the project had been reduced in scale, many residents haven’t given up hope that the sidewalk would eventually go all the way to the city line. She thanked everybody who’s worked so hard. She encouraged the council to improve sidewalks in the city by filling in this gap on Newport. She noted that the project budget now is for design – and actual construction costs would be borne by residents who live in the neighborhood of Newport Road.

From left: City councilmembers Sabra Briere (Ward 1), Sally Petersen (Ward 2) and Jane Lumm (Ward 2).

Addressing the general city-wide issue of sidewalk gaps, mayor John Hieftje indicated that each gap would require a unique solution. Sally Petersen (Ward 2) asked if there would be cost savings to the Ann Arbor Public Schools – because AAPS wouldn’t need to provide busing services to the neighborhood. City administrator Steve Powers indicated by way of responding to Petersen that he did not know that level of detail about the AAPS budget, but it was not part of the city staff analysis for the Newport Road sidewalk project. Powers noted that as far as AAPS reviewing its transportation plans, that’s part of a larger strategic direction that the district might be taking: providing safer routes to school for children.

Craig Hupy, the city’s public services area administrator, added that AAPS had identified two sidewalk gaps as priorities – the one on Newport and one near Clague Middle School, which is located on Nixon Road. The Clague sidewalk is being constructed as part of the Safe Routes to School initiative, Hupy said.

Stephen Kunselman (Ward 3) asked if the petition that residents had submitted was the initial step in starting the special assessment district to provide funding for the project. He wanted to know if the $15,000 design budget that the council was voting on would be wrapped into the total project budget to be funded through a special assessment. Hupy told Kunselman that if the project comes to fruition, and a special assessment provides the funding, then the $15,000 for design would be part of the project budget and the general fund would eventually be “made whole.” But that might take five, ten or fifteen years to happen, Hupy cautioned.

Mike Anglin (Ward 5) thanked Briere for her work on this. He’d attended the first public meeting when residents were trying to get a sidewalk installed all the way up Newport to the city line.

Marcia Higgins (Ward 4) followed up on Petersen’s comment about school busing, asking if parents would find the cessation of busing acceptable. Briere responded to Higgins by saying that she’s gone out to Wines Elementary School to enjoy their First Friday walk, and stood there in cold weather watching the kids walk and bike with parents over the bridge. The neighborhood is supportive of this project, she said. It’s not a long distance, and parents seem happy to have their kids walk to school, she noted, but they want them to be safe.

Outcome: The council voted unanimously to approve the $15,000 budget for the design of the Newport Road sidewalk.

Rezoning of Limited Geddes Area

The council was asked to give initial approval to rezoning six parcels in the northeast Ann Arbor Hills neighborhood. The sites are to be rezoned from R1B to R1C. Both are types of single-family dwelling districts. The locations are 2014 Geddes Ave.; 2024 Geddes Ave.; 520 Onondaga St.; 2025 Seneca Ave.; 2023 Seneca Ave.; and 2019 Seneca Ave. [.jpg aerial view of parcels] These are six parcels in a block of 10 sites – the other four sites are already zoned R1C.

The planning commission had recommended the rezoning at its Nov. 20, 2012 meeting. The planning commission had considered the rezoning after the city council directed the planning staff to study the issue of rezoning the parcels. That direction came at the council’s Sept. 17, 2012 meeting.

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

R1B zoning requires a minimum lot size of 10,000 square feet and a minimum lot width of 70 feet. Three of the parcels don’t conform with that zoning. Under the proposed R1C zoning, all parcels would conform with required lot size and width. The rezoning would potentially allow three of the parcels – each lot size currently about 17,500 square feet – to be divided in the future, if other city code requirements are met.

Outcome: The council voted unanimously to give initial approval to the rezoning requests. Because a change to zoning is a change to the city’s set of ordinances, to be enacted it will require a second vote after a public hearing at a future meeting of the council.

Appointments

The council acted on two appointments at its Jan. 22 meeting.

Appointments: Environmental Commission

The council considered a resolution re-appointing Christopher Graham to serve on the city of Ann Arbor’s environmental commission. The resolution was attached to the previous council meeting’s agenda as a communication item to alert councilmembers that their vote to confirm him would be forthcoming.

Graham was initially appointed in 2006 and has served two three-year terms on the commission. Graham is also a member of the executive committee of the Michigan Environmental Council.

During the brief council remarks, Sabra Briere (Ward 1), who serves as one of two city council representatives to the commission, said Graham had recently been elected chair, so she hoped that the council would agree to his re-appointment.

Outcome: The city council voted unanimously to re-appoint Graham to serve on the city environmental commission.

Appointments: Taxicab Board

At the conclusion of the meeting, mayor John Hieftje announced several nominations to boards and commissions, including that of Eric Sturgis to the taxicab board. Ordinarily, appointments take place in a two-step process: (1) names are nominated at a meeting of the city council; and (2) at a subsequent meeting, the council votes to confirm the appointment.

City councilmember Stephen Kunselman (Ward 3).

However, Stephen Kunselman (Ward 3) – who serves as the city council representative to the taxicab board – asked that Sturgis be appointed in a one-step process with the vote taken that same evening. Kunselman pointed out that the taxicab board had a meeting on Thursday that week, and it would be useful to have Sturgis attend. [It turned out that Sturgis was not able to attend that meeting, but the board still achieved a quorum.]

Sabra Briere (Ward 1) ventured that it would be useful if Sturgis would update his resume, because the one he’d included with his application indicated he didn’t live in the city of Ann Arbor (though the application itself indicated he did).

Outcome: The city council voted unanimously to appoint Eric Sturgis to serve on the city taxicab board.

Communications and Commentary

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

Comm/Comm: Council Public Art Committee

Sabra Briere (Ward 1) gave a brief update on the work of a city council committee that was formed to review the city’s Percent for Art ordinance – in the context of a failed public art millage in November 2012. Briere reported that the committee had met four times so far, including just before that evening’s council meeting. [The group consists of Briere, Sally Petersen (Ward 2), Stephen Kunselman (Ward 3), Margie Teall (Ward 4) and Christopher Taylor (Ward 3). They were appointed at the council's Dec. 3, 2012 meeting, when the council voted to temporarily halt the expenditure of funds accumulated as a result of the city's Percent for Art ordinance.]

Briere reported that the committee has discussed concerns with the existing ordinance. At this point, the committee is considering changes to the Percent for Art ordinance and to the ordinance on boards and commissions that defines the public art commission – which are the two tasks identified in the council resolution appointing that committee. The committee is also looking for creative ways for art to be administered in the city, although the committee didn’t have a mandate to do that, Briere allowed.

Comm/Comm: Urban Core Transportation

Jane Lumm (Ward 2) noted that meetings were occurring between Ann Arbor Transportation Authority staff and Ann Arbor councilmembers. She described other meetings the AATA was having, with elected leaders from the city of Ypsilanti and Ypsilanti Township, among others. She seemed to indicate some skepticism that the description of “urban core leaders” was apt, saying that some of the jurisdictions included were those that had opted out of the newly incorporated Act 196 transit authority.

Lumm wanted to make sure that resources are not wasted in planning for expansion of services. She questioned whether it made sense to proceed with this more local effort while the impact of the newly created regional transit authority (RTA) is not yet clearly understood. [The RTA covers the counties of Washtenaw, Wayne, Macomb and Oakland, as well as the city of Detroit. For more detailed background on Lumm's remarks, see Chronicle coverage: "AATA OKs Labor, Agency Fee Accords."]

Lumm made an appeal for a city council working session to be held on the topic.

Comm/Comm: Solid Waste Plan

Chuck Warpehoski (Ward 5), who is one of two city council appointees to the city’s environmental commission, announced that the environmental commission would hold hearings on the updated city solid waste plan. Those hearings were to take place on Jan. 24. The plan would be coming before the city council in a few weeks, he said.

Comm/Comm: Cold Weather

In the context of the recent cold weather, mayor John Hieftje indicated that it had been reported that no one had been forced to sleep outside who didn’t want to be sheltered – anyone who wanted to be sheltered had been sheltered, he said. He indicated that he got data back from the Delonis Center on that. The Delonis Center had also figured out how to accommodate those who are under the influence of drugs and alcohol, he said.

Comm/Comm: Five-Parcel Plan

Mike Anglin (Ward 5) followed up on a Jan. 14 city council work session, which included a presentation from the Ann Arbor Downtown Development Authority on the five city-owned parcels that are part of the Connecting William Street project. The DDA had undertaken the project under the council’s direction, Anglin said, to come back to the council after receiving public input on the future use of the city-owned land.

Anglin felt the DDA did a good job of presenting its perspective, but he felt there was a gap in the presentation. He noted that a number of councilmembers had responded at the working session to that gap. The city’s park advisory commission had urged that there be more open green space in the downtown, he said – saying that was a clear mandate from PAC. So he urged the public to make their voices heard in the new year, suggesting that members of the public might like to consider that a New Year’s resolution. He encouraged people to contact the DDA, PAC, and the city council, to let those public bodies know what should happen on the five downtown city-owned parcels. “You should speak up and tell us what you want,” he said.

At its meeting on Jan. 15, 2013, PAC had decided to study for the next four to six months the views they’d heard from the council and within their own body regarding downtown parks and open space, in order to make recommendations to the council. Anglin indicated a preference for confining the discussion to just the five parcels – because that was the scope of the Connecting William Street project. The CWS project had not included all the land in the downtown area.

Anglin encouraged people to speak up so that the council could hear what the “townspeople really do want.” He appreciated the efforts of groups who had spoken about the use of the space on the top of the underground parking garage as a park. [That space, on South Fifth Avenue, is the focus of advocacy by the Library Green.] Anglin said a group advocating for leaving the space open was looking into whether the top of the garage was actually “build-able,” as had been envisioned by the DDA.

Comm/Comm: Dog Park in West Park

Two members of New Hope Baptist Church had addressed the council at its Jan. 7, 2013 meeting about a proposed dog park in West Park, directly across from the New Hope Baptist Church on Chapin Street. The proposed location had been recommended by the park advisory commission (PAC) at its Dec. 18, 2012 meeting. The item had been expected to be on the council’s Jan. 22 agenda, but it was announced at the Jan. 15, 2012 meeting of PAC that the West Park dog park would not appear on the council’s agenda. At a meeting with church leaders – after PAC’s December vote – it had emerged that the church concerns were more deeply rooted than concerns about noise, safety and smell, and reflected cultural differences about what it means to have a dog park so close to their place of worship.

During public commentary at the council’s Jan. 22 meeting, Aina Bernier introduced herself as a member of the dog owners community. She urged the council to establish a dog park somewhere in West Park. Citing concerns about the size of her carbon footprint, she said she would never drive to one of the two dog parks on the outskirts of town to walk her dog. She read aloud a written statement from another dog owner, Christopher Hewitt. His statement commended efforts of PAC to address the need for a dog park. Ann Arbor lacks a sizable central dog park, and the need for amenities in the central area will only decrease, Hewitt’s statement continued. The lack of a dog park in the central area was one reason he and his wife decided against living there. Dog owners need a practical alternative for exercising dogs, the statement continued, and existing parks aren’t fully utilized – given the amount of money that the city spends on them.

Also addressing the council on the topic of a West Park dog park was John Lawter, who just recently concluded his service on PAC. In December, Lawter had voted as a member of that body to recommend that a provisional dog park be established at the West Park location. He told the council he was there because he’s dismayed that the dog park had been pulled from the agenda based on concerns expressed by New Hope Baptist Church. He contended the concerns stemmed from a gross misunderstanding of canine behavior.

Lawter told the council that as a former member of PAC who’s worked on the issue for years, he was skeptical that the commitment to find an alternative site in the central area would be found. He then ticked through some of the objections to the proposed location inside West Park. As for the contention that the proposed area was too small, he pointed out that playgrounds come in all sizes. Two similarly-sized dog parks could be found in the city of Saline, he said. [Mill Pond Park has an area described on the city's website as a one-acre facility. The proposed area in West Park was described as about a quarter acre. One of the city of Ann Arbor's two existing dog parks is 10 acres, while the other is slightly smaller than a soccer field, or about an acre.]

Lawter took on the idea that a dog park land use is incompatible with a church use by pointing to a dog park in Pinckney, north of Ann Arbor, where the Arise Church owns and operates a dog park that’s open to the public. The church credits it with increasing the size of its congregation. Addressing the concern that the site might become crowded, Lawter asked if the city would not build a playground out of concern that there are too many kids in the neighborhood. Of course not, he said, answering his own question – and the city would begin looking for an additional site after building it.

If people had a concern that dogs smell, bark incessantly and are dangerous, then Lawter suggested they visit the city’s two existing dog parks to see for themselves what goes on there. People who take the time to go to a dog park are not the kind of people who own dangerous, dirty or obnoxious dogs, he contended. People who use dog parks self-police for picking up after their own dogs.

If the site was rejected because of cultural differences, then he argued that no decision should be based solely on one culture’s desires compared to those of another culture. Ann Arbor is a culturally diverse city, he said, and Ann Arbor’s dog owners are also culturally diverse – and parks should be open to all cultures, including “the four-legged variety,” he added. If members of the New Hope congregation are afraid of dogs – and Lawter said he believed they were sincere in that fear – then he said to the members of the congregation: “Please be open to change. Let us put our dog park in. Let us show you there’s nothing to be afraid of.” Fear is an ugly thing, he said, and it should be “put down” whenever possible. The proposal as a temporary facility that could be removed after a year if it’s a problem was, Lawter felt, a fair compromise.

Another speaker with a connection to PAC was Melissa Stults, a recently-appointed commissioner. She was speaking, however, as a resident of Ann Arbor and a dog owner, who was relatively new in town. She wanted to speak to show her support for more dog parks in the city. She pointed to the social benefits of providing amenities for dog owners – saying that after eight months in Ann Arbor, she’s made connections in her neighborhood only to people she meets walking their dogs. That group is an important reason that makes her feel like she belongs here.

Virginia Gordan told the council she’s been a resident of Ann Arbor for more than 30 years, and she was speaking in support of more dog parks. The item establishing the dog park area in West Park was supposed to be on the city council agenda that night, she noted. The last action taken had been PAC’s resolution in December recommending that the dog park area be established. She was dismayed that somehow it had been removed from the agenda.

Gordan said she was very perplexed by the city’s continued reluctance to establish neighborhood dog parks. Other cities have such parks or have parks with off-leash hours. Other cities have had such amenities for 10-20 years – so the concept is not new. But establishing dog parks in Ann Arbor is very difficult, for reasons she did not understand. Out of all the parks in Ann Arbor [157 total] only two were dog parks – and they were on the outskirts of town. There needs to be some proportionality, she said. She certainly wholeheartedly supported other recreational facilities provided by the city, which she described as very expensive but which she has no interest in – like golf, swimming, or baseball. She was happy to pay taxes to support those activities for those who enjoy them. But she contended there should be the same kind of respect for dog parks.

Harold Kirchen introduced himself as one of the Ann Arbor dog owners. Like John Lawter, he pointed to the Arise Church dog park in Pinckney as an example of the possible coexistence of a church with a dog park. A dog park is not just a place for dogs to get exercise, he said. Like Missy Stults, Kirchen also pointed out that dog parks were a way for dog owners to make friends. He called on PAC to allay the fears that people had about dog parks and not to be swayed by NIMBY complaints.

Comm/Comm: Israel/Palestine

Blaine Coleman led off by alluding to remarks made by Thomas Partridge during his turn of public commentary (see below). Partridge had implicitly criticized Coleman’s choice of topic, but had asked the council to pass a resolution calling on the federal government to appropriate funding to provide affordable housing, transportation, health care and education throughout the country. Coleman told the council that Partridge’s proposed resolution makes a lot of sense – because it makes sense to spend billions on infrastructure, and the city council should be jumping to pass a resolution like that. But Coleman contended that the council would not pass a resolution like that, and quoted writings of Martin Luther King Jr. in support of that contention, which were recorded during the Vietnam War: “… and I knew that I could never again raise my voice against the violence of the oppressed in the ghettos without having first spoken clearly to the greatest purveyor of violence in the world today – my own government.” Coleman drew a comparison of the inability of the U.S. simultaneously to provide for domestic needs and fight the Vietnam War, and current conditions that have the U.S. in continued military engagement abroad. The U.S. is “gobbling up the resources of the planet,” he said.

Coleman continued by contending that Israel has massacred thousands of Arabs and Palestinians. In that context, Coleman asked why Warpehoski would promise not to make a vote as a councilmember that is critical of Israel – given that Warpehoski is the executive director of a peace group [Interfaith Council for Peace and Justice]. Coleman wondered if anyone had asked Warpehoski to make such a promise and if Warpehoski had received anything in return for making that promise.

Mozhgan Savabieasfahani told the council she was there to speak about what she always does – to ask the council to boycott Israel, which she called a “Nazi, racist state” throughout her remarks. Israel receives billions of dollars a year in U.S. aid to maintain colonial, violent conditions, she said. Israeli soldiers, she claimed, would shoot children dead on sight. Ann Arbor councilmembers drink their coffee and read their emails but do nothing to stop what she described as genocide. She called for stopping aid to Israel. She contended there was a global movement toward a boycott of Israel, and she asked people not to buy things that are made in Israel. She noted that she’s been addressing the council since 2002. Of the councilmembers who have served, only one person – Chuck Warpehoski – has indicated he is against some of the violence Israel commits. Warpehoski has said he’s against military aid to Israel, Savabieasfahani said. She wanted Warpehoski to act on that. Instead, she said, he sits quietly and does nothing.

Councilmembers typically don’t respond – either directly or indirectly – to public commentary remarks. However, during council communications time, Warpehoski responded to the comments of Coleman and Savabieasfahani. He began by comparing them to two-year-olds – saying that his daughter is two years old and sometimes acts in ways that are designed to get attention and that generally he does not respond to that kind of attention-seeking behavior. But in this case, he indicated that it was important to respond. When he ran for office, he continued, he did a lot of “discernment.” He felt his duty as a councilmember is to serve the community. And he’d come to a personal decision that the best way he could serve the community – given the “noise” around the Israel-Palestine issue – would be to stay away from it as long as the demonstrations continue outside the Beth Israel synagogue.

Comm/Comm: Ann Arbor Ypsilanti Reads

During communications time, Chuck Warpehoski (Ward 5) said he’d been impressed with sheriff Jerry Clayton. Warpehoski mention that he and Clayton had attended a meeting where Clayton had recommended that people read Michelle Alexander’s “The New Jim Crow: Mass Incarceration in the Age of Colorblindness.” The book is part of the Ann Arbor Ypsilanti Reads program this year.

Comm/Comm: Corrections to the Minutes

Sally Petersen (Ward 2) asked that the minutes of the Jan. 7 special session be revised to reflect the fact that Sumi Kailasapathy (Ward 1) was present for the closed session, arriving about 6:15 p.m., and present when the meeting reconvened at 6:47 p.m. [Kailasapathy had not been present when the attendance roll call was taken or when the roll call vote to enter into a closed session was taken.]

Comm/Comm: Energy

A U.S. Department of Energy grant accepted by the council at it previous meeting on Jan. 7, 2103 was the starting point for remarks made by Kermit Schlansker during public commentary. The problem with getting money for a bad project is that it takes money away from a good project, Schlansker said. He noted that the DOE’s award of the wind turbine grant to Ann Arbor illustrates his contention that DOE does not know how to spend its money – and needs to be led by local units of government, like cities. There’s nothing new about windmills, he said. He cited the rooftop of Mitchell Elementary and Scarlett Middle schools as a good place to install solar panels. He mentioned that last summer during a heat wave, the amount of power had dwindled in his part of the city. He said the DOE money would be better spent buying land to construct an energy farm.

Comm/Comm: Affordable Services

Thomas Partridge introduced himself as a resident of Washtenaw County, Ann Arbor, Michigan’s 18th senate district and 53rd house district, noting that he’s run for office to represent those districts. He said he still has finance committees from those campaigns and will be a candidate in 2014. He said he was there during an important week celebrating the birth of Martin Luther King Jr. – not to talk about dog parks or about trying to cause turmoil in Ann Arbor by using international controversy. He asked the council to pass a resolution calling on the White House to fund affordable transportation, health care, housing, and education and to end homelessness throughout the country. He asked for the recall of Gov. Rick Snyder and mayor John Hieftje.

Partridge also addressed the council during public commentary at the conclusion of the meeting. He was critical of the city that its offices were closed on Jan. 21 in observance of Martin Luther King Jr. Day, when other organizations like the University of Michigan had scheduled a full two weeks of events that were related to MLK Day. Partridge reported that he’d attended the keynote address by Morris Dees of the Southern Poverty Law Center, but had not seen any city councilmembers at that event. He called on the council to reset its moral and public policy compass to advance the cause of the most vulnerable. Partridge found it inexplicable that Hieftje appeared to ignore the personal attacks against Chuck Warpehoski (Ward 5) by those he ventured might be paid representatives of Palestine. He contended that Warpehoski was being criticized because he appears to be a Christian who ran on an agenda of peace and justice, not on causing more conflict in the city of Ann Arbor.

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

Absent: Margie Teall.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Wind Turbine Grant

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

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

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

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

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

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

Wind Turbine Grant: Public Comment

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

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

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

Wind Turbine Grant: Council Deliberations

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

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

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

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

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

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

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

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

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

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

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

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

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

Marcia Higgins (Ward 4).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Wind Turbine Grant: Postlude

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

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

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

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

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

Council Priorities

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

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

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

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

Ann Arbor Skatepark Design

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

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

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

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

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

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

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

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

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

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

Ann Arbor Skatepark Design: Council Deliberations

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

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

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

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

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

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

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

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

Conservation Fund Contract

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

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

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

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

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

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

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

New Roofs for Cobblestone Farm

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

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

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

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

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

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

721 N. Main Presentation

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

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

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

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

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

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

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

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

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

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

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

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

Outcome: This was not a voting item.

Packard Square

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

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

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

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

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

Packard Square: Council Deliberations

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

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

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

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

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

Teall left her seat and examined the drawings up close.

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

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

Summit Townhomes Zoning

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

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

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

Summit Townhomes Zoning: Council Deliberations

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

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

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

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

Front-Yard Event Parking

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

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

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

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

Front Yard Event Parking: Public Hearing

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

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

LDFA Board Appointment

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

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

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

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

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

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

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

T-Mobile Antenna

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

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

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

Communications and Comment

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

Comm/Comm: Dog Park in West Park

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

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

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

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

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

Comm/Comm: Connecting William Street

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

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

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

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

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

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

Comm/Comm: Public Art Committee

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

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

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

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

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

Comm/Comm: Environmental Commission

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

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

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

Comm/Comm: Recall Snyder, Hieftje

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

Comm/Comm: Divestment from Israel

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

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

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

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

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

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

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

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

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

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

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

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

Absent: Mike Anglin.

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

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

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

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

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

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

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

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

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

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

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

721 N. Main Grants

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

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

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

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

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

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

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

721 N. Main Grants: Public Comment

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

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

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

721 N. Main Grants: Council Deliberations

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

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

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

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

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

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

415 W. Washington Study – More Funds

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

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

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

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

415 W. Washington: Public Commentary

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

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

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

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

415 W. Washington: Council Deliberations

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

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

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

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

Climate Action Plan, Clean Air Act

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

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

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

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

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

Climate Action, Clean Air: Public Comment

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

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

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

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

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

Clean Air: Council Deliberations

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

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

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

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

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

Climate Action: Council Deliberations

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

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

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

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

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

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

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

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

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

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

Stormwater Petition: Springwater

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

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

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

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

Outcome: The council approved the petition without discussion.

More Money Approved for Sidewalk Repair

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

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

Outcome: The council approved the authorization without discussion.

Micro Brewer License for Biercamp

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

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

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

Biercamp: Council Deliberations

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

Sally Petersen (Ward 2)

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

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

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

More Front Yard Parking

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

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

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

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

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

Digital Plan Submission Software/Hardware

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

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

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

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

Communications and Comment

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

Comm/Comm: Video Surveillance

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

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

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

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

Comm/Comm: Towing

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

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

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

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

Comm/Comm: Crosswalk Behavior

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

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

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

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

Comm/Comm: Palestinian Rights

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

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

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

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

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

Chuck Warpehoski (Ward 5)

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

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

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

Comm/Comm: Kuhnke Thanked

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

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

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

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

Comm/Comm: Greenbelt

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

Comm/Comm: Lame Duck – PPT

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

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

Comm/Comm: Newtown Shootings

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

Comm/Comm: Solar Panels

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

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

Comm/Comm: What Would Jesus Say?

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

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

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

Absent: Margie Teall, Sabra Briere, Marcia Higgins.

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

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The previous day, on Nov. 28, the ACLU filed a lawsuit on behalf of activist Blaine Coleman, who had sought to purchase an advertisement for the sides of AATA buses. The AATA refused to run the ad. The proposed ad includes the text, “Boycott ‘Israel’ Boycott Apartheid,” and an image depicting a scorpion-like creature with a skull for a head. [.pdf of image and text of proposed ad] The image appears to stem from an original by Mexican artist José Guadalupe Posada.

The ACLU’s position, as put forth in the Nov. 29 motion, is that the controlling authority for deciding the issue is a 1998 case involving a labor union that had proposed an advertisement on a regional transit authority’s vehicles. The union ad had been rejected on the grounds that it was “too controversial and not aesthetically pleasing.” The case was argued and won by the union in the U.S. Court of Appeals Sixth Circuit. [.pdf of United Food & Commercial Workers Union, Local 1099, v. Southwest Ohio Regional Transit Authority]

The standard of review for the preliminary injunction, now sought by the ACLU, includes: (1) the likelihood that the party seeking the preliminary injunction will succeed on the merits of the claim; (2) whether the party seeking the injunction will suffer irreparable harm without the grant of the extraordinary relief; (3) the probability that granting the injunction will cause substantial harm to others; and (4) whether the public interest is advanced by the issuance of the injunction.

In the motion for a preliminary injunction, the ACLU’s argument is laid out in greater detail than in the initial lawsuit [.pdf of Nov. 28, 2011 lawsuit]. Among the issues raised by the suit is whether the AATA has created a public forum through its advertising program. The ACLU contends that the AATA has, in fact, created a public forum, but does not rely exclusively on that conclusion in arguing that Coleman’s constitutional rights were violated. In addition to the First Amendment claims (free speech), the suit alleges Fourteenth Amendment violations (due process).

In a similar case in Seattle, the ACLU has now filed a notice of appeal after the federal district court ruled in October 2011 in favor of the transit authority – over an ad with the text, “Israeli War Crimes: Your Tax Dollars at Work,” and featuring a picture of children next to a bomb-damaged building. [.pdf of the Seattle Mideast Awareness Campaign (SeaMAC) v. King County ruling]

In contrast to the AATA case, the transit authority in Seattle at first accepted the SeaMAC ad. Then, when advance publicity about the prospects of the ad’s future appearance resulted in proposed counter-ads, possible demonstrations, and the specter of violence, the transit authority decided not to allow the ad to appear.

The AATA case evolved after Coleman tried unsuccessfully to place the ad, and the ACLU sent a letter to the AATA in August 2011 supporting Coleman’s position. [.pdf of ACLU Aug. 12, 2011 letter] [.pdf of AATA advertising policy]

At its Nov. 17 meeting, the AATA board affirmed the decision to reject the proposed ad in its current form, and passed a resolution to that effect, inviting Coleman and the ACLU to discuss the advertising policy. [.pdf of AATA board resolution rejecting advertisement] According to ACLU staff attorney Dan Korobkin, communication took place between the ACLU and the AATA’s legal counsel after the board’s resolution was passed. However, that communication did not avert the filing of the lawsuit.

[Coverage of AATA board meeting when action was taken regarding the ad: "Bus Ad Rejection Affirmed"]