the revie July/ugust 2016 the official magazine of the

FEEDING A NEED CREATIVE LEASE Funds and ON LIFE FRIENDS Old Dearborn City Hall DELFT THEATER Transformation

VACANT TO VIBRANT Niles and UltraCamp Team Up to Restore Do nto n Gem the revie The official magazine of the Michigan Municipal League Features 36 6 17 20 Creative Lease on Life: Feeding a Need: Old Old Dearborn City Hall Grocery Store Gro s into No Filled ith rtists Multi-Purpose City Facility By Matt Bach By Philip Hansen

6 20 Rescuing the Past:  Restoration Campaign for Civil †ar-Era Buildings By Mike altz

23 Taking a Risk: Plain ell Invests in Closed Paper Mill By Erik ilson

10 26 COVER STORY Civic Innovation Labs: Vacant to Vibrant: Niles  Ne pproach to and UltraCamp Team Up to Community Building Restore Do nto n Gem By Samantha Harkins, By Lisa Donovan Luke Forrest, and Sarah Craft 30 13 rgus Farm Stop Funds and Friends: By League Staff Cro dgranting Generates Both in Building Renovations 33 By Richard Murphy Legal Defense Fund: Columns The League’s dvocacy INTED O 5 R N rm in the Courts Executive Director’s Message P By Kim Cekola 36 Northern Field Report R E C R YC PE 39 Municipal Finance LED PA 42 Legal Spotlight 46 Municipal Q& ON THE COVER: 26 The future is looking up for Niles’ old Gallery Building as the city 30 helps Daniel shley create a ne base camp for his thriving tech company, UltraCamp.

Cover photo by Charles Nelson of On Base Productions

2 THE REVIE JULY / UGUST 2016 Thriving Communities Don’t Happen by Accident Public of cials across Michigan work with Plunkett Cooney to develop healthy business districts and safe neighborhoods that residents are proud to call home. Whether in council chambers or in the courtroom, your community can count on Plunkett Cooney for the right result.

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JULY / UGUST 2016 THE REVIE 3 ONE PGER the revie PLUS The official magazine of the Michigan Municipal League Volume 89, Number 4 e love here you live. The Michigan Municipal League is dedicated to making Michigan’s communities better by thoughtfully innovating programs, energetically connecting ideas and people, actively serving members ith resources and services, and passionately inspiring positive change for Michigan’s greatest centers of potential: its communities. Municipal ttorneys...

Managers... BORD OF TRUSTEES Department Heads... President: John B. O’Reilly, Jr., Mayor, Dearborn Vice President: Rosalynn Bliss, Mayor, Grand Rapids

Terms Expire in 2016 Terms Expire in 2017 dd to our Dan Greer, Councilmember, Jackson Catherine Bostick-Tullius, Commissioner, Lapeer Bobby Hope ell, Mayor, Kalamazoo Kim Corcoran, Mayor Pro Tem, Iron ood gro ing Ed ard Klobucher, City Manager, Hazel Park Ken Hibl, City Manager, Clare Mark Vanderpool, City Manager, Sterling Heights Marcus Peccia, City Manager, Cadillac collection! Jeff Thornton, City Manager, Negaunee dam J. Umbrasas, Village Manager, Three Oaks Do you rite one-page explanations of Terms Expire in 2018 †endell Dompier, Village President, Baraga municipal topics for Maureen Donker, Mayor, Midland your council or staff? Jason Eppler, City Manager, Ionia Rebecca Fleury, City Manager, Battle Creek If so, submit them to Melanie Piana, Mayor Pro Tem, Ferndale the League as possible Rusty Sho alter, Councilmember, †est Branch One-Pager Plus Fact Sheets MGZINE STFF TO SUBMIT RTICLES Lisa Donovan, Editor The Revie relies on contributions from municipal Terri Murphy, dvertising officials, consultants, legislators, League staff and Ta ny Pearson, Copy Editor others to maintain the magazine’s high quality These one-page information Monica Drukis, Editorial ssistant editorial content. Please submit proposals by send- Laura Koroncey, Graphic Design ing a 100- ord summary and outline of sheets offer a clear and the article to Lisa Donovan, [email protected]. concise explanation of Information is also available at: a variety of municipal topics. .mml.org/marketingkit/. The “Plus” is an additional piece of information, such DVERTISING INFORMTION SUBSCRIPTIONS as a sample ordinance, The Revie accepts display advertising. $24 per year for six issues. policy, or resolution. Business card-size ads are published in a Payable in advance by check, money order, These fact sheets are special section called Municipal Marketplace. Visa/MasterCard/merican Express. available online at mml.org. Classified ads are available online at Make checks payable to Michigan Municipal League. Phone 734-669-6371; Email [email protected] .mml.org. Click on “Classifieds.” For information about all MML marketing fax 734-669-4223 or mail ne for details. tools, visit .mml.org/marketingkit/. subscription requests & checks to the Michigan Municipal League, P.O. Box 7409, nn rbor, MI 48107-7409.

The Revie (ISSN 0026-2331) is published bi-monthly by the Michigan Municipal League, 1675 Green Rd, nn rbor, MI 48105-2530. Periodicals postage is paid at nn rbor MI. POSTMSTER: Send address changes to THE REVIE†, 1675 Green Rd, NN RBOR, MI 48105-2530.

Please recycle this magazine

4 THE REVIE JULY / UGUST 2016 EXECUTIVE DIRECTOR’S MESS†GE DNIEL P. GILMRTIN

Change is the Only Constant

†hen I first became executive director of the League, one their products to the store on a eekly basis, but not have of the first things I shared ith staff as that “change is the to stick around to sell it. Farmers get 80 percent of the only constant.” I think that pretty much defines ho I roll. proceeds. This business as an instant success, and in less Change can oftentimes be threatening, get our defenses up, than a year is already expanding. The city of St. Louis is and make us nostalgic, but it can also reinvigorate, motivate, in the process of renovating a former grocery store— and lead to greater things. a functionally obsolete building—into a ne City Hall. Mason has t o 19th century buildings being restored This isn’t an “out ith the old, in ith the ne ” philosophy. and repurposed into a financial firm and apartments. In our community building orld, e’ve seen too much By repurposing and redefining the look and feel of a of this. It has led to urban spra l and diminishing green place, the ne ly fields, often leaving behind struggling, hollo ed-out created energy September 14-16 neighborhoods and cities. But hat is also left behind are and activity is 2016 buildings—many of them architectural gems—that housed breathing ne life our favorite restaurant, hard are store, school, or place into do nto ns. of ork. They are relics of another time that can elicit JOIN THE CONVERSTION emotional feelings decades later, but no stand isolated No e’re gearing from human activity. Years of economic volatility and up for our annual changes have rendered so many of these uses obsolete. Convention on Grand Hotel MCKINC †hat once served a different time, does not meet the needs Mackinac Island, ISLND and demands of the 21st century. September 14-16. It’s shaping up to This is a topic that e feel is important to recycle (no pun be one you on’t MICHIGAN MUNICIPAL LEAGUE intended) every so often because it’s a critical economic ant to miss, ith development strategy as municipalities continue to build discussions around CONVENTION and rebuild communities that ill attract future generations. citizen engagement, In this issue, e sho case some excellent examples of Redevelopment Ready Communities®, anchor institutions innovative projects around Michigan that can be reimagined and community relations, and much more. There ill also for communities big and small. be some focus on more nuts and bolts issues including a municipal finance update, a look at the retiree health care Do nto n department stores that eventually ent the changes, and Millennials as local government leaders. If you ay of the dodo are no finding ne life in places like haven’t registered yet, look for the information in this issue! Niles. This city’s Gallery Building is being turned into tech offices and ground floor retail. The funding for projects like these can be as creative as the project itself. UltraCamp acquired the building from the City of Niles in a s ap for land the company o ned near Plym Park. Ypsilanti is using cro dfunding as a means to finance the adaptive reuse of a long-vacant do nto n arehouse and drive-through bank Daniel P. Gilmartin building into a year-round indoor/outdoor market. League executive director and CEO 734-669-6302; [email protected] Other stories include the rgus Farm Stop, once a gas station, but no a local food store ith a unique business model hich makes a strong connection bet een the producer and the consumer. It allo s farmers to bring

JULY / UGUST 2016 THE REVIE 5 CITY HALL ARTSPACE LOFTS Conversion of the former Dearborn City Hall into 53 lofts ith space for artists as ell as additional space for commercial tenants, art galleries and meeting rooms.

BUILDING ADDRESS: 13615 Michigan ve., Dearborn

SIZE OF BUILDINGS: 100,000 square feet

YEAR ORIGINALLY BUILT: 1920s; concourse in 1981

PROJECT COMPLETED: December 2015

RENOVATION COST: $14.85 million

BUILDING PURCHASE COST: $1.65 million

TOTAL PROJECT COST: $16.5 million RENT: From $307 for a studio apart- ment to $975 for a 3-bedroom. pplicants must meet certain income requirements to be considered in the federal, subsidized housing project. Old Dearborn City Hall NoŠ Filled Šith †rtists

DERBORN pop. 98,153 BY MATT BACH

easoned artist Carl George has added similar sentiments: “If you ould have lived in Los ngeles and Ne York, asked me before if I ould live in the old city S and he’s coming home to Southeast hall building I ould call you crazy, but it’s Michigan for family and inspiration. He’s historic and it’s beautiful and it’s just a especially inspired by his ne digs as a tenant fantastic opportunity.” in the recently opened City Hall rtspace Lofts in Dearborn. PURSUING ARTSPACE Millennial Kate Sample as one of the first The project has been many years in the people to move into rtspace Lofts hen it making, ith strong support from the East opened in January. The dance instructor sa Dearborn Do nto n Development uthor- it as the perfect place to begin life on her ity and Dearborn Mayor Jack O’Reilly Jr., o n hile expanding her artistic horizons. current president of the Michigan Municipal George and Sample are among the first League Board of Trustees. fter seeing the 35 of 53 eventual tenants in the former success of rtspace in other cities, in 2009 Dearborn City Hall and municipal complex O’Reilly asked the Minnesota-based nonprofit located in the heart of the east Dearborn organization to consider developing a project neighborhood. Their stories are vastly differ- in Dearborn. fter the city completed the ent but their goals are the same—to immerse organization’s six-step, intensive application themselves in an artistic community. They are process, rtspace agreed to add Dearborn to exactly the type of tenants rtspace ants and the type of residents that communities like Dearborn seek. “I liked the idea of coming back home and living ithin a group of artists,” said George, ho does experimental film as ell as painting and collage-making. “rtists feed off each other, e collaborate, e can learn from each other.” Sample, a part-time dance instructor ho alks from her ne home to her other part-time job at the East Dearborn DD,

JULY / UGUST 2016 THE REVIEŽ 7 E PURSUED ARTSPACE BECAUSE WE KNEW THEY HAD A TERRIFIC TRACK RECORD ACROSS THE COUNTRY OF DRAWING PEOPLE INTO THE AREAS WHERE THEY DEVELOP THEIR INNOVATIVE LIVE, WORK, AND EXHIBIT SPACES.

Bro nfield Loan Program, and assisted ith financing applications for the Michigan State Housing Development uthority (MSHD), Michigan Economic Development Corp. (MEDC), the Michigan Council for the rts and Cultural ffairs, Kresge Foundation, Ford Foundation, and National Endo ment for the rts. Local manufacturer K Steel as also a major contributor. Some of the grants required matches from the East Dearborn DD. They also orked ith the city to get the needed zoning changes to allo for the mixed-used development, and helped secure lo income tax credits and historic tax credits, said East Dearborn DD Executive Director Mike Be ick. its net ork of more than 38 affordable arts facilities in 15 “†e kne it ould be a lot of ork, but once e started states. Describing itself as a leader in artist-led community pushing, things began coming together,” Be ick said. “I’m transformation, rtspace rents more than 1,300 affordable not a visionary in artistic development, but I’m a true believ- live/ ork spaces to artists across the country. er in orking right alongside those that have the vision. The t first, 24 various buildings in the city ere proposed state, particularly MSHD and MEDC, as very supportive as possible rtspace sites. The City Hall site asn’t even because the governor’s focus as on the idea of place- on this original list. Eventually, rtspace zeroed in on the making and this as an opportunity for a project very fe historic City Hall as Dearborn officials ere moving offices people have done around Michigan.” in September 2014 to the ne ly renovated Dearborn dministration Center at 16901 Michigan ve. LOCATION IS EVERYTHING “†e pursued rtspace Be ick continues to be very involved in the project, because e kne they had including giving regular tours of the 100,000-square-foot FUN FACT a terrific track record across rtspace site to prospective tenants and commercial renters  gun range as housed on the country of dra ing the fourth floor of an annex ith an artistic focus. The East Dearborn DD’s office is building. Bullet-riddled alls people into the areas here right across the street from the rtspace complex, hich have been repaired in the they develop their innovative includes the former City Hall, former police station, and the redevelopment. live, ork, and exhibit spac- concourse that connects the t o buildings. Plus, it’s ith- For additional information es,” O’Reilly said. “nd e in easy alking distance to a variety of ethnically diverse on leasing a residential kne they offered some- restaurants and businesses, including a large grocery store. or commercial space or thing unique that’s not found other rtspace projects rtspace is also located near many of Dearborn’s major around the country, go any here else in Michigan, so cultural institutions, including The Henry Ford and the rab to .artspace.org or that ould be another reason merican National Museum, as ell as those of do nto n call (612) 333-9012. for people to visit Dearborn.” and Midto n Detroit, including †ayne State University. The project as truly a There also are t o public transit stops on the site ith partnership bet een the East Dearborn DD, city officials, routes into Detroit. These ere all major attractors in and rtspace. To make it possible, local officials had to selecting Dearborn and this site for an rtspace project. The initially contribute more than $750,000 for a predevelop- site even sits in City Hall Park, hich has events throughout ment contract. Community leaders also provided monetary the summer, including the super popular Jazz on the ve assistance from the City of Dearborn HOME funds and concert series, said Kim Moore, asset manager for rtspace.

8 THE REVIE JULY / UGUST 2016 PRESERVING THE PAST Moore said rtspace developments often see economic The development includes 53 residential units, artist ork gro th in the surrounding area. spaces, gallery space, public performance space, business “People ant to be here creatives are,” Moore said. “t spaces, and more. They’ve been carved out of the Geor- the end of the day e’re developers. †e build spaces. But gian revival structure primarily built in the 1920s. Many of hat makes all of this fantastic are the people ho move into its historical features have been preserved, including its tall those spaces and activate those spaces ith their fantastic indo s that fill the spaces ith natural light, as ell as ideas and partnerships ith the community and each other.” exposed brick, 18-foot ceilings, and original cement floors. The breathtaking marble spiral staircase central to the city People like George and Sample. hall building remains, as do a lot of the quirky cubbyholes and storage cabinets set into the alls. They even left the “I love the idea of living in an old public building,” George original etched “mayor” sign. said. “Being in Dearborn as an attraction, too. Being half In May, the development as among six projects from Lebanese, you’re all about the food and I’m in alking around the state to receive the 2016 Governor’s  ard for distance of a lot of good things. Being in Dearborn and Historic Preservation from Gov. Rick Snyder and the Michi- the Detroit metro area is very appealing. In relocating back gan State Housing Development uthority. The groups re- home, I anted to do it in a ay here I ould have an art ceiving the a ard for the rehabilitation of the Dearborn City community to be ith.” Hall complex ere the City of Dearborn; rtspace Projects Sample added: “s a part-time artist orking as a dance Inc.; Neumann/Smith rchitecture; the Monahan Company; teacher, the prospect of meeting other artists and not being and the East Dearborn Do nto n Development uthority. insulated and just having the opportunity to meet and ork ith so many other people as very enticing.” THE SPILLOVER EFFECT In recent months, Dearborn’s east do nto n has started Matt Bach is the media relations director for the League. You may to see an uptick in economic development and this gro th reach him at 734-669-6317 or [email protected]. may be due to the rtspace project, Be ick said, adding this trend should continue as some 20,000 square feet of avail- able commercial area in the rtspace development begins filling up. “I see a hole lot more people alking the streets and enjoying themselves in east Dearborn than I have in the past. No there’s a nightlife. I see people alking their dogs. It’s getting more animated and I have to give the credit to this project,” said Be ick, ho moved to east Dearborn in the mid-1970s. “†e’ve seen at least six buildings that I kno of that have been completely gutted and rehabbed in recent months.”

€ furnished model apartment provides prospective tenants ith ideas on ho to bring the lofts to life.

JULY / UGUST 2016 THE REVIEŽ 9 By Samantha Harkins, Luke Forrest, and Sarah Craft

nnovation is integral to community building, and it’s driven by collaboration: bringing smart and diverse people and ideas together to realize our goal of strengthening vibrant places. Communities I across the state are dealing ith the same challenges: political red tape, capacity, and leadership. †e’ve seen some tackle these challenges head-on through our programs, and it takes innovative thinking. †e’ve been documenting and testing the best innovations from around the state and the orld and ant to share hat e’ve learned ith you, hether it’s reshaping community conversa- tions around do nto n development, funding projects through the po er of the cro d, or trying ne approaches to community engagement.

League staff have had the opportunity in recent years Civic Innovation Labs, hich are presented in partner- to ork ith and learn from our member communities ship ith the Michigan Municipal League Foundation, and partner organizations as part of several innovative offer people ho love here they live the opportunity to programs, including MIplace, PlacePlans, PlacePOP, and learn, share, and test ideas that can help address local Public Spaces Community Places. †e’ve been privileged and regional challenges. Our goal is to ork ith to learn from international experts in community building community members to design a customized program at organizations like CEOs for Cities, the Congress for the that brings cutting-edge approaches from around the Ne Urbanism, Project for Public Spaces, and the Urban state and the orld to your doorstep. Labs are multi-day Land Institute. Through it all, e’ve learned a range of events that combine hands-on training, orkshops, successful approaches to catalyzing positive change. †e roundtables, and demonstration projects. Labs help build ant to share those ideas ith you through a ne local capacity by providing local leaders ith tools, approach to education and technical assistance e’re research, and connections so their ideas can actually calling Civic Innovation Labs. come to fruition and live on past the initial event. †e’ve been supporting local governments for more than 100 years and e kno it takes a lot more than local government to get things done. It takes kno ledge, passion, and vision. It takes creative partnerships ith community leaders and advocates. Let’s do things a little differently and create the places e’re all dreaming about, and let’s have some fun hile e’re doing it. If you are interested in hosting a Lab in your region, or you’re just interested in learning more, contact Samantha Harkins, president of the League Foundation, at [email protected] or Luke Forrest, labs director, at [email protected].

10 THE REVIE JULY / UGUST 2016 September 14-16 2016

JOIN THE CONVERSTION

Grand Hotel MCKINC ISLND

MICHIGAN MUNICIPAL LEAGUE CONVENTION For three days, hundreds of local officials from across the state will have an opportunity to connect, engage, and discover creative solutions to local challenges. You will hear from visionary keynote speakers and dive into strategic topics in breakout sessions. Grand Hotel, Mackinac Island • September 14-16, 2016

Ho can I register? GEND To register online, visit mml.org, log onto My League, and follo the directions. To register via fax, visit convention.mml.org, click on the ednesday, September 14 General Information tab, and do nload a printable registration form. 8:30 am-5:30 pm Registration Hours 9 am-Noon Convention †orkshops 9 am Board of Trustees Meeting Housing & Travel 1-1:30 pm Delegate Check-in Host Hotel 1:30-2:30 pm nnual Business Meeting Grand Hotel, Mackinac Island | 800-334-7263 3-5 pm †elcoming General Session 5:30-6:30 pm Elected Officials cademy  Grand Hotel Housing Reservation Process Board Meeting Housing reservations ill only be accepted for those ho 5:30 pm Civic Meet-ups have registered for Convention. fter registering for Convention, a deposit of one night’s daily rate is required at Thursday, September 15 the time of reservation. 7:30 am-5 pm Registration Hours  Grand Hotel Housing Rates 7:30-8:30 am MM Breakfast Standard – $215 per person (double), $355 per person (single) 8:30-9:45 am Breakout Sessions Deluxe – $245 per person (double), $415 per person (single) 10 am-Noon General Session Group room rate cutoff is ugust 12, 2016. Noon-1 pm Lunch Room rate includes breakfast and dinner, as ell as lunch on September 14 & Noon-1 pm MBC-LEO Lunch 15, 2016. Rates do not include $8 baggage handling fee, 6% Michigan Sales 1:30 pm Civic Meet-ups Tax, 19.5% Service Charge, and 2% Mackinac Island Occupancy Tax. 2-3:30 pm General Session  dditional Travel Information 3:45-5 pm Breakout Sessions Shepler’s Ferry – $20 round-trip ferry ride purchased through 5:30 pm Civic Meet-ups the Michigan Municipal League. Outdoor unsecured lot is free 6-7 pm Foundation Reception for up to 5 nights ith a drop-off service charge of $10. Outdoor fenced parking is $15 per night, and indoor parking Friday, September 16 is $30 per night. 7:30-11 am Registration Hours rnold Ferry – $18 round-trip ferry ride. Parking is free daily 7:30-8:30 am M†IG Breakfast for self-park outside lot. Valet parking available to any lot 9-10:15 am Breakout Sessions for $7. Outdoor secured lot is $5 per night and indoor garage is $15 per night. 10:30-Noon Closing General Session Noon djourn Carriage Taxi – The fare is $5 per person to the Grand Hotel from the ferry docks (cash only). Visit convention.mml.org to register online.

12 THE REVIE JULY / UGUST 2016 JULY / UGUST 2016 THE REVIEŽ BY RICHRD MURPHY

ommunities across the state are bringing neglected public spaces to life through C cro dfunding. The Public Spaces Com- munity Places “cro dgranting” program, backed by MSHD and MEDC matching funds, has raised over $2.3 million for nearly 70 projects. †hile FUNDS most of these projects focus on recreational or aesthetic improvements to outdoor spaces— parks, trails, alleys, pavilions—a fe enterprising nonprofit organizations have leveraged the pro- gram to support the overhaul of vacant buildings FRIENDS into community gathering spaces. Cultivate Coffee And Tap House Provides Craft, Community, CroŠdgranting Generates And Cause This community gathering place provides “space Both in Building for hatever you need,” according to Director of Community Bekah †allace, hether that’s a city Renovations councilmember’s ard meeting, eekly math and physics tutoring, public lectures, or social knitting nights. The nonprofit offers pour-over coffee and espresso, as ell as 36 microbre s on tap. Pro- ceeds and tips go to hunger relief efforts. YPSILNTI pop. 19,435

JULY / UGUST 2016 THE REVIEŽ 13 Cultivate’s founders—†allace, her husband Ryan, and the café and its mission ell before it opened, supporting a friend Billy Kangas—spent a year trying to secure a store- successful launch. nd hile the cro dfunding ask focused front in do nto n nn rbor before turning to Ypsilanti. on community-building, hunger relief, and sharing the crafts They struck on an unassuming brick and cinderblock garage of coffee and bre ing, the building also played a role. “Isn’t at the edge of Ypsilanti’s historic Depot To n district, hich she beautiful?” asks the Patronicity campaign page, chal- had housed Ted’s uto Electric for 50 years. lenging contributors to share in the vision of converting a Putting a café in an old auto shop involved several vacant repair shop into a thriving community space. unusual hurdles: going through a Phase 2 Environmental fter a soft opening in September 2015, Cultivate’s Site ssessment to test for bro nfield contamination, for grand debut a fe months later demonstrated the breadth example. †allace notes that internal demolition and clean- of community functions such a place can hold: the café ing of the space added five months to the schedule before hosted an afternoon press conference for MEDC to buildout could begin. Ho ever, the unusual property also announce the City of Ypsilanti’s Redevelopment Ready offered advantages: the rollup doors and high ceilings of the Communities® certification, then a fe hours later as garage bay offer a sense of spaciousness and lots of natural filled ith art and live music as part of the community’s light, and the parcel also offers plenty of room for outdoor “First Fridays” art cra l. seating, gardens, and parking. Cro dfunding “ as al ays part of the plan” for Cultivate, Ypsilanti Farmers MarketPlace says †allace—a plan that began five years before the café Activates Lost Downtown Spaces opened. Beyond the dollars, cro dfunding as a ay for fter ten years of operating out of tents set up in the community members to become emotionally bought-in to street, the do nto n Ypsilanti farmers market moved

14 THE REVIE JULY / UGUST 2016 to a permanent home in 2015: a drive-through bank branch that had been vacant for over a decade. The tiny 15x35- foot bank building no holds the “YpsiPlanti” retail garden supply shop and an accessible bathroom. The basement holds a basic produce ashing station and alk-in refriger- ator that farmers can use for storage of produce a aiting delivery to local restaurants, schools, or grocers. “ popup market can only go so far,” notes manda Edmonds, ho is both executive director of nonprofit Gro ing Hope and mayor of Ypsilanti. †ith over 20,000 visitors in 2014, the do nto n market needed a perma- nent, off-street location. These properties had been on the radar for some time before they became available, as Edmonds had “scoped out every possible location in do n- to n” for potential market sites. dditionally, notes redevel- opment manager Laura Gillis, “farmers market gro th is CROWDFUNDING WAS A leveling off nationally, but aggregation/distribution is a huge opportunity for local gro ers.” The MarketPlace offers WAY FOR COMMUNITY Ypsilanti’s first “food hub” site for those activities. MEMBERS TO BECOME EMOTIONALLY BOUGHT-IN TO THE CAFÉ AND ITS MISSION WELL BEFORE IT OPENED

The ne home of Ypsilanti Farmers MarketPlace is colorful, inviting, offers ne products and services… and best of all, it’s a permanent space.

JULY / UGUST 2016 THE REVIE 15 Rather than take on substantial debt to acquire the Lessons For Placemaking properties, Gro ing Hope partnered ith local property These projects offer some lessons for creating attractive manager Bob Barnes. Barnes acquired the vacant bank community spaces: drive-through property for use by the marketplace, as ell as an adjacent, long-unused 1930s-era arehouse  Cro dfunding serves a critical “friendraising” role in building. (The next phase of development ill finish the building a areness and support for a community arehouse as year-round event space, including a small placemaking project. Having supporters ho are both commercial kitchen.) literally and emotionally “bought in” even before The reuse of existing buildings has presented some ground is broken increases the chance of success. challenges. In particular, the setback of the old bank building means that the site has limited street visibility, a situation  This a areness is especially valuable hen a space they have attempted to remedy through iconic signs and has been “lost” in people’s minds: both of these sites bright colors. Connecting the t o sites— hich face t o are less than a block from active commercial main different streets—also required carving a ne entrance streets, but ere effectively invisible prior to the through the rear all of the arehouse structure. cro dfunding efforts. Cro dfunding the initial buildout of the marketplace as especially important in raising a areness of the market’s  For an adaptive reuse project, the mismatch relocation. The cro dfunding campaign as launched at the bet een the site’s current state and the vision can beginning of the 2015 market season, at the same time that be an asset—people ant to be a part of a dramatic the farmers market as moved from its on-street loca- project—but organizers must share the path to tion to the outdoor portions of the ne site. This allo ed that vision. cro dfunding outreach to double as advertising of the change in location, and also got marketgoers onto the site Richard Murphy is a program coordinator for the League. during the cro dfunding campaign so that they could share You may contact him at 734-669-6329 or [email protected]. in the vision in person.

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16 THE REVIE JULY / UGUST 2016 JULY / UGUST 2016 THE REVIEŽ Old Grocery FEEDING Store GroŠs into Multi-Purpose A NEED City Facility BY PHILIP HNSEN

he City of St. Louis recently completed an adaptive reuse project that produced a ne city hall, police department, and community center out of a vacant retail store, created a ne fire department facility, Tand helped save a local grocery store. St. Louis’ three-block traditional do nto n as recently listed on the National Register of Historic Places and is the location of these projects. First, the only grocery store in St. Louis as going out of business because it could no longer afford to occupy its 18,000 square foot building. Utility costs ere often over $10,000 per month, and sales did not support continuing their business. Mean hile, for years the city had been looking for a solu- tion to the problems of the existing city hall building. The facility as more than 60 years old and had some structural issues, including a serious ater and mold problem in the City, state, and USD€ Rural Development basement. The building as home to city offices as ell as representatives kick-off the ne city hall the police department and Mid-Michigan Community Fire groundbreaking on Sept. 3, 2014. Department, hose offices ere in the moldy basement.

ST. LOUIS Pop. 7,482

JULY / UGUST 2016 THE REVIEŽ 17 LEFT and BELO: The building’s picturesque setting as incorporated into the design ith a deck overlooking the Pine River.

RIGHT: Mayor Jim Kelly cuts the ribbon to officially open the ne St. Louis City Hall on October 6, 2015.

THIS WAS TRULY AN EXAMPLE OF A COMMUNITY WORKING TOGETHER TO SOLVE MULTIPLE PROBLEMS.

MEETING MULTIPLE NEEDS City of St. Louis, Bethany, Pine River, and Jasper To nships. The City came up ith a unique solution to this situation The total cost of the ne fire hall as $1,228,760, hich by purchasing the grocery store building in 2012 for as financed ith accumulated savings as ell as grants $150,000 and transferring o nership of another building from the Herbert H. & Grace . Do Foundation ($140,000), that the City o ned in the middle of do nto n to ne the Rollin M. Gerstacker Foundation ($40,000), the Charles grocery store o ners. The ne o ners invested in major J. Strosacker Foundation ($20,000), the Gratiot County improvements in the empty 6,000-square-foot building, Community Foundation ($10,000), and additional contri- hich as the perfect size for a small grocery store. butions from each member community ($623,000). The The Corner Market no serves the St. Louis and Gratiot ne facility provides much-needed updates and efficiencies communities ith a onderful meat market, produce, and allo s for storage of all vehicles and equipment. and groceries. They also acquired a takeout liquor, beer, and ine license.  spin-off business—The Bakers Dozen CAPITALIZING ON CITY HALL of Mid Michigan—opened in 2015 right across the street The key feature of the project, ho ever, is the beautiful from the grocery store, hich did not have room to ne city hall that as created in the former grocery store include a bakery. building. It provides more space for city offices as ell as the The St. Louis rea Fire Department relocated opera- police department. tions by building a ne facility on the south side of The interior of the building includes beautiful council do nto n on another under-utilized piece of property. chambers hich feature 17 paintings of historic scenes The department is a collaborative effort that includes the created by local artist Michael Patterson in 2001. The St.

18 THE REVIE JULY / UGUST 2016 has already been interest from developers, and the City is confident that it can help bring another successful business into the do nto n area at this site. The City feels sure that the quality and appearance of the ne city hall ill be a source of pride to the St. Louis community. It is a key feature of the do nto n landscape as ell as extremely visible entering St. Louis from the north. The design and color scheme fits ell ith the historic character of the do nto n ithout pretending to be an historic building. Response to these projects from the community has been extremely positive. Open houses for the ne facilities have been ell attended and use of the Community Rooms continues to increase. Visitors from other to ns are amazed Louis rea Historical Society is in the process of doing a at the quality of the facilities available for a smaller to n. project to commemorate the fact that the ne city hall is This as truly an example of a community orking together located at the former site of the famous Magnetic Mineral to solve multiple problems, and St. Louis should reap the Springs and Park Hotel. They are having historic photos benefits of this for years to come. enlarged and framed for the Community Room. They are also having a local ood orker create a beautiful display Philip Hansen is the donton development and economic develop- case for items from that era, hich ill be located at the ment director for the City of St. Louis. You may contact him at main entrance so that the public can see it every day. 989-681-3017 or [email protected]. The ne facility also features t o large community rooms that are for rent to the public. They can be used for family gatherings, business meetings, small edding receptions, training sessions, and more. The building includes a arming kitchen and also features a beautiful back deck overlooking the Pine River. cquiring this property also allo ed the city to clean up a stretch of the riverbank that had been neglected for years. In addition to being next to the river, the location of the ne City Hall is ideal in that it sits at the north end of the do nto n business district, so most visitors get to the front door by traveling right do n “main street.” The hope is that they ill notice our do nto n businesses and stop to shop or eat hile they are here. Finally, the building is right next to the city’s electric plant and municipal s imming pool, making it part of a bigger complex of services. Partially because of the ne Legal counsel that helps local location, a developer is planning a ne 24-unit senior housing apartment building right across the street, also government work effectively. on the river. For more than 50 years, skilled Mika Meyers attorneys The price tag for the ne city hall complex as have helped public-sector entities meet the ever- increasing demands of their constituents and $2,472,540, hich as financed ith accumulated communities. We provide expertise in areas as diverse savings ($872,540) plus a $1.6 million lo -interest loan as zoning and land use planning, bond issues, special assessments, tax increment financing, labor contracts and from USD Rural Development. n additional grant of arbitration, employee benefits, elections, environmental $12,500 as obtained from the Gratiot County Community regulation and many other matters.

Foundation to purchase tables and chairs for the community For more information on how our Local Government Law rooms and appliances for the arming kitchen. team can assist your community, visit mikameyers.com.

LOOKING AHEAD The city is no in the process of preparing plans to 900 Monroe NW Grand Rapids, MI 49503 (616) 632-8000 mikameyers.com renovate the old city hall for a potential ne use. There

JULY / UGUST 2016 19 MML Ad Mika Meyers 2016 Final.indd 1 THE REVIE1/20/16 9:40 AM BY MIKE WALTZ

his tale of two historic downtown build- A RESTORATION ings took place in the City of Mason, CAMPAIGN FOR but it could have happened in many small towns across the country. Vacant CIVIL WAR-ERA Tfor almost a decade and delinquent on taxes, these BUILDINGS crumbling structures had become an eyesore and a liability for the community. Stories like this typically end with demolition of the buildings in preparation for new construction. In the process, a piece of local history vanishes forever. Not so this time. Due to the vision and perseverance of WHITE ELEPHANT numerous dedicated individuals and organizations, and a In 2009, the buildings ere finally foreclosed upon for seemingly impossible and complex strategy of funding, 124 non-payment of taxes. The situation as further compli- and 140 E. sh Street gained a ne lease on life. cated by IRS liens on the properties that ould need to be addressed and resolved. Ingham County Treasurer Eric A COLORFUL PAST Schertzing had limited options. “The city and the state The three-story building at 140 E. sh Street as con- didn’t ant to purchase them,” said Schertzing. “I had mixed structed in 1863 for Charles Sackrider and N. T. McGeorge. emotions on an auction, and due to the volume of dollars Sackrider as a Mason physician from 1855 to 1881. Sackrider, necessary, an auction asn’t the ay to do it.” McGeorge & Co. opened a mammoth dry goods and grocery Schertzing, ho is also chairman of the Ingham Coun- store there. By October 1867, it as called Sackrider and ty Land Bank, enlisted the expertise of Bruce Johnston, McRobert. Half of this building became a farm implement then-executive director of the Ingham County Housing business around 1884 and continued until 1963. Commission, and Ryan Henry of Kincaid Henry Building The exact year hen the t o-story building at 124 E. sh Group, hich specializes in mixed-use development, historic Street as constructed is unkno n, but it’s estimated to be rehabilitation, and bro nfield redevelopment. The group, during the mid-1870s. The first occupant is a mystery, too, but for nearly 100 years it housed a furniture business spanning several generations of the same family. The t o buildings eventually merged and the front façades ere changed in 1964.  take-out pizza franchise ould be the last business to occupy a portion of the premises, after hich they sat empty for almost a decade. During that time, then-City Manager Marty Colburn orked ith the o ner of the t o buildings in an effort to return them to a useful function in do nto n. Efforts ere unsuccessful and, due to the poor condition that the buildings had evolved into, Colburn had no choice but to proceed ith actions to enforce city code violations. Minor improvements resulted, ho ever it turned out to be too little too late.

From front to back, inside and out, these 19th century buildings received a complete facelift.

JULY / UGUST 2016 THE REVIE 21 orking closely ith Colburn, assessed the present condi- rchitects, it also gained the support of many city, county, tion and future potential of these buildings hile Colburn and state organizations. The Mason City Council, Planning continued to market them for re-use. Commission, and Historic District Commission ere on Henry, referring to the buildings as a “ hite elephant,” board. So as the Do nto n Development uthority, analyzed them and delivered a financial reality check. The hich provided a façade improvement grant. Many Ingham rehabilitation costs ould run into the multi-million dollar County departments and the State Historic Preservation range. Johnston explored several housing grant options, Office also lent their support. actually securing a grant at one time, but as unable to Six years, and about $3.75 million later, the “ hite ele- move for ard ithout a private partner and end user. phant” has been transformed into a completely renovated “The condition of the buildings as quite scary. You could mixed-use building. The structure is no home to approx- fall through floors in many places if you eren’t careful imately 10,000 square feet of modern commercial space here you alked,” said Johnston. “But it never as a and 10 loft-style apartments. There is also a large roof-top question of could it or should it be done, it as simply that patio on top of the shorter building accessible from one of it had to be done.” Oracle’s conference rooms on the top floor of the taller In addition, it as determined that the original façade had building. The patio offers a spectacular vie of do nto n not just been covered up, it had physically been removed Mason and the surrounding area. from the buildings and replaced ith materials that ere “If not for the dogged determination of those involved in modern for 1964. nd the biggest hurdle of all still had to those early phases, it ould have seemed far easier to give be crossed—developing a funding strategy. Grants ould up,” said Johnston. The City of Mason thanks the dedicated be difficult to obtain ithout first identifying an end user and relentless efforts of all that had a role in this restoration occupant for the main level. “If e can figure out ho to do project, as a piece of Civil ar-era history still stands proud- this here, e could do this else here,” said Henry. ly across from the courthouse square.

A POSITIVE SOLUTION Mike ™altz is mayor of the City of Mason. You may contact him at Colburn’s continued efforts to market the blighted prop- 517-676-5396 or mike@mason.mi.us. erties eventually attracted the attention of a local business, Oracle Financial Solutions, hich at that time as leasing office space in do nto n Mason and nearby Lansing. Their interest soon led to a commitment to purchase the build- ings, renovate them, and occupy the main level of both Trusted professionals buildings and part of the top level of the taller building. delivering America’s “There are resources and partners in the community so it infrastructure solutions becomes a matter of matching up the right resources ith the right project,” said Colburn.“Community connections can make the difference.” But IT NEVER WAS A QUESTION of could it or should it MSON be done, it pop. 8,252 was simply that IT HAD TO BE DONE. Engineering l Landscape Architecture Operations l Planning l Sciences l Surveying No that an end user ith private capital had been identified, a funding plan could begin to take shape. MEDC 800.482.2864 • www.wadetrim.com grants became an option, as did MSHD grants for 10 ne rental apartments. During this phase, Land Bank Executive Director Mary Ruttan also identified and secured a one-time Michigan Housing and Community Development Fund grant from MSHD. s the project transitioned from a blighted, foreclosed vacant property to blueprints by Hooker DeJong

22 THE REVIE JULY / UGUST 2016 BY ERIK WILSON

TAKING A RISK

PLAINWELL INVESTS

PLINELL IN CLOSED PAPER MILL pop. 3,804

t’s hard to encapsulate hat the Plain ell Paper Government Finance Revie Mill meant to the City of Plain ell and surrounding as reporting that Plain ell I communities. The mill had been tied to so many facets as the fourth orst fiscally distressed city in Michigan. of Plain ell’s existence—socially, culturally, historically, and No one envisioned such an outcome hen the mill economically. Generations of Plain ell residents either first opened as Michigan Paper Company in 1886. The orked at the mill or had family members ho orked mill site occupies 36-acres adjacent to Plain ell’s Central there. t one point, the mill employed over 400 people Business District on the shores of the Kalamazoo River. and accounted for 18 percent of the city’s tax base. It’s often considered the “front door” to the community. The Plain ell Paper Mill had provided employment Throughout the years, it under ent 32 expansions, and prosperity to the City of Plain ell for more than 100 at one point increasing production from eight tons of years, but that all came to an end in November 2000. paper a day to 15 tons. In 1912, the company added The mill announced it as shutting do n operations t o ne machines, increasing production to 50 tons of due to poor profitability. That year, the city’s General paper a day. From 1954 to 2000, six other companies Fund balance as 22 percent; t o years later it as a o ned and operated the mill including Philip Morris and mere 3 percent. The closure forced residents to move †eyerhaeuser Corporation. out of to n to find employment, the city experienced But in ugust 1990, the United States Environmental a significant loss in utility revenue, and the Do nto n Protection gency listed the mill on the National Development uthority collapsed. By June 2003, Priorities List, a list of hazardous aste sites eligible for

JULY / UGUST 2016 THE REVIE 23 †hile o nership ould give the City control of the property, it ould also come ith signifi- cant environmental liability. Since the mill is a Superfund site, there is no protection like there is at the state level. Despite these concerns, and ith community support, the City acquired the property through bankruptcy court in 2006. It took six years for the community to prepare for acquisition from both a financial and planning perspective. There aren’t a lot of communities that ould pursue o nership of a Superfund site outside of adverse possession, but the Plain ell community is different. The city council provided onderful leadership and the community as very supportive.  Kalamazoo ne spaper praised Plain ell’s purchase of the mill property. “Instead of ringing their hands, as have other communities hen a major industrial plant shuts it doors and puts people out of ork, Plain ell’s leaders are doing something about it,” read the editorial.

long-term remedial action financed by the federal Superfund program. Perhaps that as a sign of things to come.

Strategic Investment— Asset Or Anchor? fter the closure of the mill, the community hoped that another company ould purchase the business and continue operations; it became clear that as not going to happen. There as simply no market for former paper mills and Plain ell as not the only community to experience the closure of a paper mill. On top of that, the property’s status as a Superfund site made environmental liability a problem for any potential buyer. THE MILL WAS TOO IMPORTANT City officials restled ith hat the next steps should TO LET IT ROT IN THE MIDDLE be and it as determined that if the private market as not going to step up, the city ould. “The mill as too important OF THE CITY. THIS WAS EITHER to let it rot in the middle of the city,” said Mayor Richard GOING TO BE AN ASSET OR AN Brooks. “This as either going to be an asset or an anchor— ANCHOR—WE CHOOSE ASSET. e choose asset.”

24 THE REVIE JULY / UGUST 2016 Community Engagement Significant Accomplishments The City engaged the community early and often during City officials recognize there is still a lot of ork to accomplish pre- and post-acquisition. The city council formed a and it ill take years. Ho ever, Plain ell is undeterred and 32-member Mill Committee to represent community points to several redevelopment accomplishments: perspectives and guide the reuse planning process. The • Secured a development partner for a portion of committee represented a diverse spectrum of the commu- the mill buildings bringing 50 jobs to the site nity that included the general public, business o ners, school • Significant demolition of unviable portions of and elected officials, and community organizations such as the mill buildings Rotary. dditionally, EP and Michigan Department of • Relocated city hall ith increased parking Environmental Quality staff participated as resource members. and public bathrooms Representatives of †eyerhaeuser Corporation—the Potential • Renovated a former mill building for the Public Responsible Party (PRP) for the site— ere also involved. Safety headquarters During this process, city staff and elected officials reached • Mill is listed on the National Register of Historic Places out to EP Region 5 and MDEQ to learn more about the status of the mill property. “The community as informed Lessons Learned and motivated,” recalled Tom Bloom, EP Region 5’s Superfund redevelopment coordinator. “†hile the regional • Pre- and post-acquisition community input as vital cleanup as going to be a long-term effort, there as also • Partnerships—you can’t do it alone an opportunity to link cleanup and reuse in Plain ell.” • There is a cost to do nothing The City applied for funding from EP Region 5 and • PTIENCE the Superfund Redevelopment Initiative (SRI) to conduct a community-based reuse plan. The funding a arded in Erik ™ilson is the city manager for the City of Plainell. You may early 2004 enabled Plain ell to move for ard. The Mill contact him at 269-685-6821 or eilson@plainell.org. Committee researched the property’s history, assessed local land use trends and market conditions, and developed reuse guidelines and a reuse strategy for the paper mill property.

The Vision For Tomorrow If only your From the reuse planning process a plan as formed: ‘ telecom costs • Promote community gathering • Provide a mix of residential, commercial, recreational, were so obvious and civic uses • Promote commerce and attract visitors • Provide access to the Kalamazoo River and protect the natural environment • Recognize and celebrate the Plain ell Paper Mill as an important part of the community’s history and heritage • Ensure the protection of the health and safety of community residents • Linkage of CBD, neighborhoods, mill site, and

surrounding communities through a river alk Contact us at [email protected] for a free consultation

City Hall Takes The First Step Through the reuse planning process, the city made the decision that it ould relocate city hall to the mill site. City officials anted to send the message to the development community that it as not going to let this project fail. Not only does the City o n the entire mill property, it ill become an occupant post-bankruptcy. “If there ere negative implications to o nership, the City ould be standing side by side ith future occupants,” said Brooks.

JULY / UGUST 2016 THE REVIE 25 COVER STORY

VACANT

Niles and UltraCamp Team Up NILES to Restore DoŠntoŠn Gem pop. 11,430

BY LISA DONOVAN

26 THE REVIE JULY / UGUST 2016 UltraCamp oner Daniel ‡shley points out design details as Richard Huff, Niles city administrator, Lisa Croteau, DD‡ Main Street Program manager, and Jason Payne, UltraCamp employee, look on.

tephanie Reno had her heart set on the long-vacant Gallery Building for years. She just S kne that its location in the heart of do nto n Niles ould be the perfect spot to expand her SLR Pi- lates studio. She ould even tease Lisa Croteau, man- ager of the Niles DD Main Street Program, that she should lease it to her. Then one day last year, Croteau and turns as a camp trail through the oods. †hen told her the building had been sold and the ne o ner shley launched UltraCamp, office space asn’t even on as looking for tenants. He ould even renovate the his radar. He and three employees ere happily devel- space to meet her needs. oping online camp management tools from the comfort of their homes. Reno’s dream as coming true. But by 2009, things had changed dramatically. shley had moved to Niles for its onderful housing options So as Daniel shley’s. and proximity to family. round the same time, his busi- ness as taking off and adding employees, so the ork- †ith help from the city of Niles, shley is transform- from-home model as presenting challenges. No , he ing the Gallery Building into retail space and the ne said, an office scenario as sounding like a good idea to headquarters for his gro ing tech company, UltraCamp. keep everyone on the same page. So they rented office “I can tell you ithout a doubt that ithout the city’s space from the City ith an eye to ard eventually ob- assistance, this project never ould have happened,” taining their o n building. said shley, ho started the company in 2000 during Enter Plym Park. shley came up empty in his search his college days in Maryland. “They orked hard on for an existing building that ould accommodate his financial issues like grants and tax credits, hich ere company’s gro th and the office environment he critical to getting this project off the ground.” anted to create. That brought the option of building UltraCamp’s headquarters from scratch into vie —and GRADUATING FROM HOME WORK an attractive vie it ould be on the site he purchased For several years, shley had been searching for a ne next to the city’s Plym Park. He hired an architect and company home, but he as running into as many t ists got him busy dra ing up plans for the ideal office space.

JULY / UGUST 2016 THE REVIE 27 SLR Pilates (left) is up and running in the freshly remodeled first floor space, a far cry from the building’s pre- renovation state (belo). The second floor (right) ill soon be a shocase of modern, open-concept office space.

That’s hen the real t ists and turns That’s hen Huff suggested the came into play. Despite the success of Gallery Building, hich as sho ing shley’s company, getting the building the ill effects of sitting dormant for an project off the ground turned out to be extended period of time. Several years stop there. They orked hand-in-hand quite challenging on t o fronts: financ- earlier, the building had come up for ith shley to help him overcome the ing and appraisal value. auction in a county tax sale and Croteau double challenges of financing and lo “For cloud-based services like ours, appealed to city officials to purchase the appraisal values. e don’t make concrete things so the site. It sat on a primary do nto n cor- The appraised value of the Gallery value of our company isn’t something ner and ran the risk of falling into the Building ith all the planned renova- you can see. It’s data and services. Banks hands of an out-of-to n buyer for a tions came in at $600,000, but it as don’t vie it as collateral,” said shley. lo ball price. City council agreed. They going to take $900,000 in construction “The second challenge—in many respects paid $120,145 for the building, fixed costs and about $150,000 in office the nail in the coffin—is that appraisal the leaky roof, and spent several years equipment to get to the finish line. values for commercial buildings are much searching for an appropriate buyer. In That’s a huge gap, requiring shley to less than the cost of construction. In 2015, UltraCamp appeared to be the dip significantly into business and per- fact, the appraised value of our finished ideal candidate. sonal funds. building as 40 percent less than the “†hen you visit their office, you But the city stepped up to help bridge cost of construction.” quickly see that they think out of the the divide. They loaned UltraCamp box,” said Huff. “†hen you think of the $60,000, gave them $40,000 from NILES SPRINGS Gallery Building, you need someone an anonymous donor for roof repairs, INTO ACTION ith that ability.” and provided them ith a $59,000 Niles city officials had not been sitting “They ere aiting for someone to façade grant from the DD Main Street on the sidelines during this process. come along ho had a plan and a means program, hich as used as a match for They ere ell a are of the success of to accomplish it,” said shley. “They a $210,000 grant from the Michigan shley’s company and the struggles he ere trying to be selective about ho Economic Development Corporation. as facing to find a suitable company they ere going to put in that building.” In addition, the city as instrumental in home. “†e ere keeping track of them, No a ne plan as set in motion helping shley obtain historic preserva- going to banks ith them, and e kept that began ith a land s ap. UltraCamp tion tax credits through the State His- thinking e’d get over the hump. †e deeded their Plym Park property to toric Preservation Office. Those credits didn’t, but Daniel stuck ith us,” said the city and in return got the keys to ill help him recoup about 15 percent Richard Huff, Niles city administrator. the Gallery Building. But the city didn’t of his investment in the building.

28 THE REVIE JULY / UGUST 2016 A LOT OF THE VALUE IN WHAT DANIEL IS DOING IS ABOUT THE “†ithout historic district tax credits, FUTURE you end up investing more in the build- ing than it’s orth,” said shley. “Those OF NILES. credits are key in getting old buildings renovated and useful.”

FROM FADED TO FABULOUS Some of those diversions include a that e can be a test case to sho the No , construction is in full s ing. rock-climbing all in the 35-foot high community ho it can be done,” he said. Reno’s first floor pilates studio opened atrium and a family ellness center Huff is confident that shley’s project in November and she has already signed complete ith a eight room, exercise ill indeed have a positive ripple effect up 245 ne clients. She credits the equipment, trampoline, and a foam pit on the community. “His $1.2 million studio’s increased visibility over her for kids. He ants the office to be a investment ill have a significant impact former second floor location and the family-friendly place here employees on raising property values, so e hope beautifully renovated space. can bring their children during school breaks. to see increased investment,” said Huff. “In my long-term goals, that ould Justin Rhode, support specialist for “†e’re already seeing interest by Daniel have been the studio I designed in 5-10 UltraCamp, is very excited about the in other do nto n properties.” years, but it happened much quicker,” ne building. Not only did he help design Croteau concurs. “ lot of the value said Reno. “I al ays said that corner as the rock-climbing all, he also assisted in hat Daniel is doing is about the the best spot. For us to have it, e’re ith demolition and laid some flooring future of Niles. Our hope is that other extremely grateful.” for the pilates studio. “I think our ork people ill ant to invest and do similar The UltraCamp space on the second environment ill be enhanced ith the cutting-edge things.” floor is still a ork in progress, ith an cool family atmosphere,” he said. “nd anticipated completion date of late the location is a esome—close to the Lisa Donovan is a communications summer. But it on’t be your average park and the do nto n coffee shop, coordinator and editor for the League. cookie-cutter office space. shley, ith pizza places, and other businesses.” You may contact her at 734-669-6318 input from his staff, has plans for an shley has his eye on the bigger or [email protected]. open concept ith lots of diversions to picture. “I hope that by cleaning up and make the ork environment inviting. raising the quality of our business space

JULY / UGUST 2016 THE REVIE 29 By League Staff

FARM STOP

rgus Farm Stop introduces a ne model for farmers markets  in a professional environment designed to help gro nn rbor’s local food ecosystem by connecting producers ith consumers through a year round neighborhood farmers market. This model allo s farmers to drop off their products at a market and not have to be present to sell their food. They can control their o n display and signage, just as if they ere selling at a traditional farmers market. Perched on the edge of nn rbor’s Old †est Side neighborhood and do nto n, rgus Farm Stop has quickly become a magnet for the community. Formerly a gas station (and most recently a medical marijuana dispensary), this repurposed store is a local food paradise all rapped up into one small dynamic package. †ith a life-long interest in local food, aided by a background in marketing and €rgus Farm Stop features a frequently refreshed array of produce delivered business planning, o ners Bill Brinkerhoff by local farmers. and Kathy Sample ere able to turn their vision into reality. Their social mission

30 THE REVIE JULY / UGUST 2016 is to provide an attractive outlet for producers here they can keep more of the margin. Their inspiration came from Local Roots in †ooster, Ohio, a similar model that connects the consumer ith seasonal and sustainable foods and crafts from more than 150 Ohio farmers, bakers, cheesemakers, fermenters, and artists. rgus Farm Stop currently has over 140 producers selling produce, dairy products, meats, grocery items, and artisanal foods. There is also a small coffee shop ith indoor and outdoor seating. In addition, they host school groups from the nn rbor Public Schools as ell as from the University of Michigan. Once the expansion is completed, they ill have room for farmer talks and programs around local produce.

HO-TO Extensive research and on-the- ground ork in the community is a Fresh bread, artisanal foods, and meats round out the store’s selections. must. The o ners shared their farm market concept and sought feedback by reaching out to over 200 people BUDGET LESSONS LERNED in the community, as ell as to the Sample and Brinkerhoff ere able Personal engagement on all levels is University of Michigan and the Slo to purchase the former gas station critical to the success of this business. Food movement. Their ideas began to outright from the o ner, ho as ll staff are required to get to kno crystallize and by the time they opened, building a small condominium unit the farmers personally, and given they had already built a foundation across the street. He as holding on the opportunity to visit their farms of customer support throughout the to this old gas station property until and become very familiar ith their community and region. They also he found the right buyer. Once a products and practices. Connecting sought guidance and direction from the bro nfield, he had six tanks removed, ith the community and clientele on Michigan Small Business Development and the land received a clean bill a personal level is also very important. Center (SBDC). of health from the Environmental One endearing example is ho they Protection gency. occasionally get a call from a parent in The first year, the store grossed over the neighborhood ho is sending their a million dollars from the local farmers’ kids to the store to pick up something, products, hich included produce, dairy, and asking that the staff atch for meat, and prepared foods. them. Staff is only too happy to oblige! The store employs 16 people—this includes 7 full-time and 9 part-time. They CCOMPLISHMENTS are all paid above minimum age, ith rgus Farm Stop became a success starting salaries at $10/hour. Full-time story in a very short time. No , less employees also receive health benefits. than a year after opening, the o ners are already expanding their footprint, FUNDING hich should be completed in time The farmers price their o n goods. The for the summer season. The expansion producers receive 80 percent of gross includes a 16x35 foot greenhouse sales. They stop by to deliver food at to allo for an increase in café seat- least once a eek and have input on ing as ell as more space for educa- ho their products are displayed. tional programs.

JULY / UGUST 2016 THE REVIE 31 The store as named retail inner at the 2014 Deals of the Year—hosted by the €nn €rbor Nes. Sample and Brinkerhoff have a goal to help Exponential gro th in farmers markets: replicate this model, not franchise it. Currently, they are advising seven groups around the 2008—5,000 farmers markets country. T o of these groups are in southeast 2015—8,411 farmers markets Michigan—one in Detroit’s Corkto n (The of food in the U.S. Farmer’s Hand) and the other in Ypsilanti. They 99.7 PERCENT is purchased indirectly from producers: ould like to better facilitate the help they offer to others interested in opening a similar business. Farmers receive only 17 CENTS †ith this in mind, they are orking ith the on the dollar; middlemen and Local Food Promotion Program (LFPP) to distributors take the remaining 83 percent. qualify for a grant of $100,000 through the United States Department of griculture to Food travels long distances from farm to table— fund the development of a “duplication model” an average 1,500 MILES for the rgus Food Stop concept. The LFPP grants focus on helping to gro the local food ONLY 0.3 PERCENT of food is purchased directly from economy around the country, especially as it producers through channels such as farmers markets and Community affects farms. Supported griculture (CS). These traditional models have their limitations (seasonality and one day/ eek), hile farms can produce year-round in Michigan, but need additional outlets. For more information on this Case Study, contact Colleen Layton, a policy development 61 PERCENT of farms with direct-to-consumer (DTC) sales in consultant to the League, at [email protected]. 2007 ere in business under the same operation in 2012, compared To see a full listing of the League’s Case Studies, ith 55 percent of farms ithout DTC sales. please visit placemaking.mml.org.

32 THE REVIE JULY / UGUST 2016 LEGAL DEFENSE

FUND By Kim Cekola THE LEGUE’S DVOCCY RM IN THE COURTS

he Legal Defense Fund (LDF) is an advocacy program for Michigan’s local governments T in the courtrooms. It provides support and assistance to municipalities, and their attor- neys, in court cases here the issues have a broad impact on both the municipality involved in the case and on other municipalities in the state. LDF cases represent a broad range of issues such as medical marijuana; protecting local zoning authority; reducing municipal liability; protecting local cable television franchise authority; clarifying and protecting local interests regarding the Open Meetings ct and the Freedom of Information ct; and local control of billboards.

Typically, amicus curiae briefs are filed on behalf of the League in state and federal courts and financed in hole or in part by the LDF. €micus curiae briefs are, literally, friend of the court briefs and are a ay of presenting the court ith arguments, information, and authority, and to assist the court ith the broad perspective of the case in terms of the impact on mu- nicipalities generally, as ell as the litigant municipality. Generally, amicus briefs may only be filed by an amicus party ith a court if that court grants permission for the amicus party to do so. From time to time, the Michigan Supreme Court has, Roseville Mayor Robert Taylor (at podium) and other local government leaders speak on its o n, specifically invited the League out against P€ 269 at a press conference. The LDF spearheaded the municipal to file an amicus brief. In 2007 alone, the concern in an amicus brief, joined by the Michigan €ssociation of Counties, the Court requested the League to file amicus Michigan Tonships €ssociation, and the Conference of ™estern ™ayne.

JULY / UGUST 2016 THE REVIE 33 briefs in six cases (the highest number yet). nd, in 2008, in The League Board of Trustees established operating rules a very unprecedented act, the Court requested the League and procedures for the Fund that are aimed at identifying to participate in oral argument in a case involving municipal those cases hich could affect the organization, operation, labor la issues. po ers, duties or financing of Michigan’s local governments. These rules and procedures include: MEMBERSHIP ND SSISTNCE • †hether the case involves important questions of ny member city, village, or to nship of the Michigan la , the favorable decision of hich could provide Municipal League may join the Legal Defense Fund for a substantial benefit for a significant number of Michigan modest annual fee. The fee is 10 percent of a municipality’s local governments. annual League dues ( ith a minimum amount of $50). • The extent to hich the case, at its current level, ould Currently, 76 percent of League members are also members serve as a persuasive precedent in similar future litiga- of the LDF. Members seek assistance by filling out an applica- tion or controversy before the courts or other adjudicative tion (available at mml.org) and sending it to †illiam C. bodies having jurisdiction in the state of Michigan. Mathe son, the fund administrator. The important part of • †hether aid is currently being provided in other the application is describing the state ide impact of your case. litigation or controversies involving substantially similar issues or questions of la . HO THE FUND ORKS The Fund board of directors developed additional criteria, The Fund is governed by a 13-member board of directors, hich include: consisting of the president, vice president, secretary- treasurer, and directors of the Michigan ssociation of • The soundness of the legal position being asserted by Municipal ttorneys, and the president and executive the applicant; director of the Michigan Municipal League. The board • The lack of any alternative remedies available to meets regularly to revie applications for assistance from the municipality; and cities and villages that are members of the Fund. Designed • The ability of the municipality to provide adequate to assist, not replace, the municipal attorney, the Fund offers defense for itself, either financially or other ise, various types of aid. ssistance is given at the discretion of including the extent to hich the matter may be the board, and can consist of: covered by an insurance policy. • €micus curiae briefs financed in hole, or in part, by the Fund; For additional information, please contact ™illiam C. Matheson, • The provision of legal counsel designated by the MML general counsel and LDF fund administrator, at 734-662-3246. board; and • Such other assistance as the board may deem Kim Cekola is a research specialist/editor in the legal affairs reasonable and proper. department of the League. You may reach her at 734-669-6321 or [email protected].

EXAMPLES OF LDF AMICUS BRIEF TOPICS

 Adverse possession  Medical Marihuana  Billboards  Religious Land Use and  Cable/telecommunications Institutionalized Persons Act (RLUIPA)  “Dark Stores”  Right-of-way control  Detachment  Open Meetings Act  Eminent domain  Freedom of Information Act  Governmental immunity  Taxation  Labor  Zoning  Local control

34 THE REVIE JULY / UGUST 2016 RECENT LDF CASES

PA 269 GAG ORDER P 269 dramatically limited the ays local officials could inform their voters about local ballot measures by placing a restriction on local governments’ communication ith voters 60 days prior to a ballot proposal. More than 100 school districts and local governments had issues on the March 8 ballot and ere affected by the timing of the ct. On pril 28, 2016, federal Judge John Corbett O’Meara permanently enjoined the Secretary of State from enforc- ing the la . Groups joining the League in leading the fight to provide citizens ith factual information on ballot issues included the Michigan ssociation of Counties, Michigan To nships ssociation, Michigan ssociation of School Boards, Michigan ssociation of School dministrators, Michigan ssociation of Intermediate School dministra- tors, and Michigan Library ssociation. – Taylor v State of Michigan

DEFINITION OF A PUBLIC OFFICIAL UNDER MICHIGAN’S OPEN MEETINGS ACT  resident alleged a village clerk violated the Open Meetings ct (OM) hen the clerk altered the minutes of a village council meeting after the minutes had been approved by the village council. This case argues hether a municipal clerk is a “public official” ithin the meaning of the OM. The circuit court agreed that a municipal clerk is not a public official under the definition of a public official in the OM, and ruled in the clerk’s favor. The Court of ppeals affirmed. The Michigan Supreme Court heard arguments and on pril 26, 2015, denied the application because they eren’t persuaded that they should revie the question. Vision. Plan. The order leaves the decision the circuit court judge issued that the village clerk is not considered a public official under Manage. the OM. – Bitterman v Bolf Community Development Services Since 1992

Building Department Services BILLBOARD BANS  sign company alleged that the City of Livonia illegal- Comprehensive Planning, ly banned billboards in its municipal limits. International Transportation & Zoning Outdoor sought to erect a billboard in Livonia, but as Code Enforcement denied a permit and also denied a variance by the Zoning Board of ppeals. The city is fighting for its right to govern O ces in Muskegon, Grand Rapids, Royal Oak, Troy, its gro th under the Home Rule City ct, hereas the Hamtramck, Wixom, Harper Woods, Lincoln Park company is arguing that the city practiced exclusionary 877-230-5019 zoning tactics. The city’s ordinance permits billboards that ere in existence before the ordinance as amended. (The SAFEbuilt.com Michigan To nships ssociation, Public Corporation La Section of the State Bar of Michigan, and Scenic merica and Scenic Michigan joined the LDF in this amicus brief.) – International Outdoor Inc. v City of Livonia

JULY / UGUST 2016 THE REVIE 35 Northern Field Report

DELFT By Mona Lang

THEATERGets a Dramatic Transformation

36 THE REVIE JULY / UGUST 2016 om Vear’s latest project in Do nto n Marquette is more than a MRQUETTE restoration of an old building—it’s a gift to the community. Vear pop. 21,355 and his ife, Jennifer Ray, have big plans for the renovation of the Delft Theater. The theater and its marquee are significant land- marks on Do nto n Marquette’s †ashington Street. s one local Tresident describes it, “The city’s do nto n is a valuable broach and the Delft marquee is the diamond in that broach.” Vear and Ray have played a large part in designing that broach.

The developers have a successful history of redevelopment and reuse of historic and underutilized buildings in Marquette’s Do nto n. Vear says he’s a “true believ- er that do nto ns need to be restored and cared for.” His passion for Marquette’s do nto n is evident. The Delft Project ill be the sixth project that Vear and Ray have undertaken. In 2000, they renovated a 120-year-old sandstone livery stable that no houses professional offices. Their next undertaking as another century-old un- derutilized building on †ashington Street, hich no houses an optometrist office and retail space. Their reach includes several buildings on Marquette’s Third Street Corri- Oners Tom Vear and Jennifer Ray serve up seet treats behind the counter at dor as ell, most notably the restoration of Donckers candy store. a neglected old building that is no home to the Black Rocks Bre ery tap room. A PASSION FOR PRESERVATION Their most significant undertaking as It’s clear that Vear vie s preservation as seven years ago hen the Vears bought much more than just bricks and mortar. It’s the 120-year-old Donckers candy store. about family, community, and a ay of life. They refurbished the building to recreate a “I ant to see the do nto n prosper and family-oriented candy store, old time soda gro . †e need more activity, more invest- fountain, and trendy restaurant. Vear laughs ment, more residents,” said Vear. THE CITY’S hen he remembers the day old Fred fter t o decades of orking in the DOWNTOWN Doncker approached him ith the idea of financial field and living in Chicago, the IS A VALUABLE buying the store. He becomes animated Vears decided to make a lifestyle change hen he talks about finding the treasures and move their family to Ray’s hometo n BROACH AND that he as able to integrate into the shop, of Marquette. “It’s about the quality of life THE DELFT including the original booths and soda that Marquette has to offer. It’s a onderful MARQUEE IS fountain hidden a ay in the basement. t place to raise a family. It’s the lake, it’s the the time, Vear and Ray had no intention of people, it’s just a great place.” THE DIAMOND actually running the store and restaurant, †hen the opportunity to purchase the IN THAT but their hands-on style couldn’t keep them Delft Theater building became available a ay.  visit to Donckers ill catch both in 2012, Vear couldn’t resist purchasing BROACH. Vears serving customers, clearing tables, and it. ccording to Tom it may be “a cool old busily keeping visitors happy. building,” but it as in terrible condition.

JULY / UGUST 2016 THE REVIE 37 The theater as built in 1914 on †ashington Street, $481,000 in funding for the project. The MEDC is a great the city’s main business core. In 1920, an expansion as partner in helping to keep Michigan’s do nto ns strong built hich moved the theater to a side street and the old and vital. They embraced this project because it has all the theater became the lobby connected to the ne theater elements that they are looking for in a do nto n project: by a covered bridge. Interestingly, the building actually historic preservation, economic development, job creation, encompasses t o addresses and is in essence t o distinct and placemaking. buildings. †hen the theater as later developed into five Vear is also orking ith Michigan Energy Options for screens in 1998 and the entry to the theater as relocated Energy Optimization Program funding for rebates in savings to †est Main Street, the †ashington Street façade and for using LED lights. That’s a significant savings considering the building ere basically abandoned and the marquee fell into marquee alone contains 1,700 light bulbs. Financing for the disrepair. For over a decade, the DD and the city orked project is provided through local banking institution Range Bank. ithout success ith the former o ners to encourage fter a year-and-a half of delays and some design them to make improvements, or at the very least maintain changes due to costs, project construction finally began in the †ashington Street side of the building. pril. The Vears hope to have the restaurant complete by the end of September. The Vears believe in keeping it local LIGHTS, CAMERA, ACTION and, hile the menu for the ne Delft Bistro isn’t set yet, it This as a perfect project for Vear. He and Ray began to is sure to offer local bre s and locally gro n and produced develop their vision for a full-service restaurant and bar ith products. The community is looking for ard to seeing the a t ist. It as important to Vear to preserve the building’s marquee lit once again and adding the Delft Bistro to their historical integrity, so he plans to integrate film and enter- list of favorite Marquette spots. tainment into the mix. The total project cost is estimated to be $1.8 million, so Mona Lang, MB€, is executive director of the Marquette Vear turned to several sources for financing. The Marquette Donton Development €uthority. You may contact her Do nto n Development uthority orked ith the at 906-228-9475 or Mlang@dontonmarquette.org. Michigan Economic Development Corporation to secure

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38 THE REVIE JULY / UGUST 2016 Municipal Finance Column

Rolling Cycling into TWO- the Transportation Mix WHEELING IT BY RICK HAGLUND en Martinek started riding his bike to ork a couple days a K eek nearly a decade ago in support of his daughter’s high school “eco-challenge” science assignment. He never stopped. Martinek commutes daily all year on his bicycle from his home in Birmingham to his job as a senior ne s producer at Fox 2 Detroit television in Southfield, an 18-mile round trip that takes him through several high-traffic Oakland County communities. The only thing that stops him from riding is freezing rain. In nice eather, Martinek said it takes him only about 10 minutes longer to ride his bike to ork than it does to drive. “I thought I’d ride to ork a couple days a eek to reduce my carbon footprint and save on gas,” he said. “In the middle of this, my doctor said I needed to lose eight and exercise. I just kind of got carried a ay.”

EXPANDING MOBILITY OPTIONS Michigan put merica on (four) heels. Today, state govern- ment and communities are trying to encourage more of their residents like Martinek to use just t o. They’re doing this for a variety of reasons that include placemaking, reducing traffic congestion, boosting rec- reational opportunities, and improving the health of the state’s residents. Cities are building recreational bike trails, sponsoring biking events, marking bike routes, designating bike lanes on streets, encourag- ing bike commuting to jobs in do nto n areas, and starting bike-sharing programs.

JULY / UGUST 2016 THE REVIEŽ 39 These steps are part of a larger effort to improve “mo- La makers have struggled to provide adequate fund- bility,” helping people to get around by biking, alking and ing for the state’s crumbling transportation infrastructure. public transportation, in addition to traveling in cars. Last November, the Legislature approved a $1.2 billion In 2010, then-Gov. Jennifer Granholm signed into la road-funding package, but the spending plan has been criti- a Complete Streets bill, requiring the state to consider the cized for not being big enough to meet the state’s needs. needs of bicyclists and pedestrians in the design of streets “It’s one of those things here, given ho constrained and roads. Since then, the state and 77 communities have our transportation system dollars are in general, it’s hard to adopted ordinances, policies, plans, and resolutions support- find here more money for bike lanes and paths ill come ing the concept. from,” said Richard Murphy, a program coordinator at the Even a handful of Upper Peninsula communities, here Michigan Municipal League. the eather can be inhospitable for much of the year, have embraced Complete Streets to make their streets friendlier THE BROADER IMPACT to bicyclists. No one is quite sure exactly ho many Michigan residents “†e ant to make sure that through our planning effort, ride bicycles. But a 2014 survey of more than 3,200 state especially in road construction, e take into consideration households found that only about 20 percent of Michigan the needs of non-motorized traffic,” said Ray nderson, city residents rode a bike in the past year. But the survey also manager of Nor ay, a †estern Upper Peninsula to n of found that 28 percent of those ho rode said they used about 3,000 residents. “It forces the community to take a bicycles to commute to ork at least t ice a eek. nd step back and not just reconstruct hat as there.” 39 percent said they used their bikes for basic transporta- nn rbor, Battle Creek, Flint, Grand Rapids, Houghton, tion over the past year. Lansing, Marquette, Midland, and Portage have been recog- The survey as part of a larger Michigan Department of nized as bicycle-friendly communities by the League Transportation study that found the annual economic and of merican Bicyclists. health benefits of bicycling in Michigan totaled $668 million. But Michigan slipped four spots to 18th in the League’s That figure included $175 million in household spending 2015 Bicycle Friendly State survey. The League gave Mich- for bicycles and accessories, $256 million in avoided health igan high marks for “policies and programs,” and “education care costs, $187 million in reduced orker absenteeism, and encouragement.” But it said the state lagged in “leg- $38 million in tourism and bicycle event spending, and islation and enforcement,” “evaluation and planning” and $11 million in bicycle manufacturing. “infrastructure and funding.”

44% Residents ho place BICYCLING BY an annual value of at least $100 on the THE NUMBERS* ability to use bicycle *ccording to a 2014 MDOT study of bicycling infrastructure

$63 28% MILLION Bicyclists ho Bicycling commute by retail bicycle at least 4% Residents ho revenue t ice a eek participated in a bicycling event or 39% Households that bicycle-oriented $668 MILLION reported that someone in vacation in Michigan Total annual impact $38 MILLION their home used a bike in the past year of bicycling Total annual spending for transportation in associated ith bicycling the last year events and vacations in Michigan

40 THE REVIE JULY / UGUST 2016 “Even in spite of the funding challenges, Michigan is vie ed as a leader in adopting bicycle-friendly policies,” the report said. “Bicycles are increasingly READ seen as viable transportation options, not just recre- ational vehicles.” Some communities, notably nn rbor and Grand Rapids, encourage residents to commute by bicycle to jobs in their central business districts. nn rbor, for example, offered lunch parties and other prizes to orkplaces ith the most alternative transportation AND WIN! commuters in May, hich as National Bike Month. Sign up to receive a FREE subscription to Bridge Magazine, nd metro Detroit has a similar program, sponsored and you’ll be automatically entered to win a by the Southeast Michigan Council of Governments.  number of communities, including nn rbor, Battle Creek, Lansing, and Traverse City have estab- lished bike-sharing programs to serve tourists and $100 orkers in their do nto ns. Detroit is preparing to gift card (or Mich. retailer of your choice) launch a bike-sharing program in 2017, featuring 350 bicycles available at 35 stations do nto n and in adjacent neighborhoods. Enter today at: bridgemi.com/win “†e ant to change the ay people think about biking,” said Lisa Nuszko ski, executive director of Detroit Bike Share at the Do nto n Bridge Magazine is Michigan’s leading source of non-partisan, fact- based journalism. This FREE publication of the Center for Michigan will Detroit Partnership. arrive in your inbox four times per week. In a bit of irony, the Motor City also is planning to shut do n major streets to vehicular traffic for a fe hours on certain days as a ay to encourage alking and biking. The dates for the street shutdo ns haven’t been selected. Some say promoting more bicycle use for transpor- tation as ell as recreation is a ay to make Michigan more attractive to ell-educated millennials ho seek active lifestyles. The most bicycle-friendly states in the country, as ranked by the League of merican Bicyclists, are †ashington and Minnesota, hich are millennial magnets. Michigan, the home of the domestic auto industry, needs a cultural shift in order to boost its bike-friend- liness image. Martinek said he’s seen a big improve- ment over the years in Southeast Michigan’s biking infrastructure. But he said motorists need to be more careful around bicyclists, ho by la have a right to share the road. Martinek has been lucky. He has been hit only once by a car and asn’t injured. “But no I have the atti- tude that every car is out to get me,” he said.

Rick Haglund is a freelance riter. You may contact him at 248-761-4594 or [email protected].

JULY / UGUST 2016 THE REVIE 41 Legal Spotlight

Sue Jeffers is a legal consultant to the League. You may contact her at sjeff[email protected].

Noise ordinance is unconstitutionally void for vagueness

FCTS: NS†ER CCORDING TO THE CIRCUIT T o o ners and t o employees of the Tip Top Deluxe COURT: NO. The court reversed the district court Bar and Grill ere criminally charged ith violating § finding that § 9.63(3) as not unconstitutionally vague, 9.63(3) of the Grand Rapids Noise Ordinance on several reasoning that the section hen read in conjunction ith nights in 2012 and 2013. The section provides as follo s: other provisions and specifically § 9.63(11), the section that provided notice of maximum sound levels during the (3) No person shall use any premises or suffer any day and night, provided notice to residents of maximum premises under his or her care or control to be used sound levels and ho those levels ould be measured. hich shall destroy the peace and tranquility of the surrounding neighborhood. NS†ER CCORDING TO THE MICHIGN COURT OF PPELS: YES. The Court of ppeals The arresting officers testified that they understood reversed the ruling of the circuit court, finding that § a violation of § 9.63(3) occurred if noise could be heard 9.63(3) as unconstitutionally void for vagueness.. Noting from the street regardless of the actual decibel level if that there are three ays in hich a statute may be found the noise “destroyed the peace and tranquility of the to be unconstitutionally vague: (1) failure to provide fair surrounding neighborhood.” The Noise Ordinance also notice of hat conduct is prohibited, (2) encouragement contained a separate section, § 9. 63(11), that prohibited of arbitrary and discriminatory enforcement, or (3) being measurable maximum sound levels. The officers, ho ever, overbroad and impinging on First mendment freedoms, did not record the decibel level of the noise on the nights the court found the section to be void for vagueness in question and the defendants ere not charged ith under the standards set forth in (1) and (2). The court violating that section. reasoned that the section provided no explicit standards The defendants argued that § 9.63(3) as unconstitu- for determining hat destroys the peace and tranquility of tionally vague since it did not provide adequate notice of a neighborhood and that, as a consequence, la enforce- hat conduct as prohibited and allo ed police officers ment officers and finders of fact (juries) are vested ith broad latitude in enforcing the section based on their “virtually complete discretion” in determining hether a subjective determination that the peace and tranquility of violation has occurred. The court distinguished this case a neighborhood had been destroyed. from challenges to disturbing the peace statutes on the basis that the ordinance at issue does not proscribe conduct that disturbs or disrupts the peace but rather that QUESTION: hich destroys the peace on the basis that a reasonable Is the ordinance void for vagueness person is sufficiently a are of hat disturbs the peace but under the Due Process Clause of ould not be sufficiently a are of hat totally destroys the Fourteenth mendment of the the peace. United States Constitution? People v Gasper, Nos. 324150, 324152 and 328165, March 8, 2016. NS†ER CCORDING TO THE DISTRICT COURT: YES. lthough the district court determined that there as a question of fact for the jury regarding This column highlights a recent judicial decision or Michigan Municipal League Legal Defense Fund case that impacts hether the bar’s music on the nights in question had municipalities. The information in this column should not be actually destroyed the peace and tranquility of the considered a legal opinion or to constitute legal advice. surrounding neighborhood, it also concluded that the ordinance as unconstitutionally vague because reason- able minds could differ regarding hat destroys the peace and tranquility of a neighborhood and there as no objective ay for police to make that determination.

42 THE REVIE JULY / UGUST 2016 Municipal Marketplace

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JULY / UGUST 2016 THE REVIE 45 Municipal Q&†

Q: The council ants to have a special Q: The city/village council (or any other meeting but does not ant to limit the board or commission of the city/village) subject matter of the meeting. Does the desires to meet in a “ ork session” to notice have to provide the reasons for discuss ith the staff a need for a the meeting? particular ordinance. No final decision is to : There is nothing in the Open Meetings ct hich requires be made. Does such a meeting need to that the notice provide the subject of a special meeting. In follo the Open Meetings ct? fact, the ct does not require an agenda at all. It simply : Yes. ny special meeting, orkshop meeting, or any states that, for a special meeting, public notice must indicate other gathering of a quorum of the public body for the ho is meeting and provide the date, time, and place and purpose of deliberating to ards a decision on public policy be posted 18 hours before the meeting, including on the is subject to the ct. Therefore, even though the meeting is ebsite if the community has one. Ho ever, good practice to discuss issues ithout ultimately rendering a decision, the dictates that the reasons for the special meeting be included ct is applicable. See the League’s One Pager Plus: †ork in the notice. In addition, check your charter and council Sessions—Use by Legislative Bodies, available at mml.org. rules. Some municipalities have made the decision to require reasons for a special meeting to be included in the posting of the meeting notice—but this ould be a local rule. Q: †hat is the role of the zoning board of appeals? Q: †hat is the definition of a quorum? : It is nearly impossible to rite a set of regulations affecting the development of land that can be universally :  quorum is the minimum number of people in applied. Many communities in Michigan and throughout the attendance at a meeting of a public body to allo the body country had hundreds or thousands of parcels of land to to conduct business. The number of members of a public hich zoning standards had to be applied. s a result, it body that make up the quorum varies, depending on your as clear that a means of providing relief from the strict charter. For instance, the General La Village ct, hich is requirements of the zoning ordinance as needed for the “charter” of general la villages, states a quorum to be property o ners ith unique conditions related to their four trustees for a seven person council. If the GLV has only property. So, each state’s zoning enabling act required that a five-member council, three ill constitute a quorum. any community hich adopted a zoning ordinance must †hereas, home rule cities define the number of council- also have a zoning board of appeals. The zoning board of members that constitute a quorum any here from four to appeals exercises three basic roles/functions: seven, depending on the size of the council. Of particular • Interpreting the ordinance (text and map); note: charter language can specify this number to be of the • Deciding appeals from administrative decisions; and total constituting the council, not the total of the number of • Granting variances (use and non-use). the council at present. In other ords, the quorum for a council of seven ould be four, even if there ere a vacancy. Q: †hat is a variance? Q: Our council rules of procedure require :  variance is the permission granted to deviate from that a person attending a public meeting the requirements of the zoning ordinance. There are t o must provide his or her name and address. types of variances—use variances and non-use variances. Is this enforceable? Non-use variances are often referred to as dimensional variances. The authority to grant variances rests ith the : No. Since the Open Meetings ct prohibits that informa- zoning board of appeals. tion be provided as a condition of merely attending a meeting, the ct supersedes this provision, as ell as any other Q: If e grant a variance and the person charter/ordinance/resolution that is in conflict ith the ct. to hom e granted the variance sells the property, is the variance still in force? : Zoning runs ith the land, not the person. Like any The League’s Information Service provides member officials zoning decision, the variance granted is generally permanent ith ansers to questions on a vast array of municipal topics. and stays ith the property, not ith the property o ner. Call 1-800-653-2483 or email [email protected].

46 THE REVIE JULY / UGUST 2016 Michigan Municipal League RFP Better Communities. Better Michigan. SHARING SERVICE DO YOU KNOW about the League's RFP Sharing Service? Through our Request For Proposal (RFP) Sharing Service, League members can use the League’s Business Alliance Program (BAP) to help get their community’s RFPs to more prospective bidders.

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JULY / UGUST 2016 THE REVIE 47 Sho us the creative ays you make vibrant communities!

Michigan Municipal League COMMUNITY Excellence Awards

Hurry! Voting for 2016 projects is open until July 30.

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