ANN ARBOR, MI – City Council has decided against buying an eight-acre wooded lot off Packard Road to save landmark oak trees from being cut down for a subdivision development.

Instead of adding a new nature area to the city’s park system, the city is now trying to reach a legal settlement with the developer and property owner to allow the 51-home subdivision, with the expectation at least some of the trees would be saved.

Council reached its decision shortly after midnight Tuesday morning, Nov. 5, after a roughly hour-long closed session with the city’s legal team and another 45 minutes of open debate.

Neighbor Karen Wight made an emotional plea, urging council to purchase the tree-filled site. Without city intervention, she was worried it could be clear-cut soon, she said.

“You don’t have to just sit by and watch it happen,” she told council.

Council members were divided on using parkland acquisition funds to purchase the property for $4.76 million, the price at which they said the developer and property owner were offering it.

“If I did vote for this, I should be voted out of office,” said Council Member Ali Ramlawi, D-5th Ward, calling it ransom money.

Council Member Jane Lumm, I-2nd Ward, proposed lowering the offering price to $1.5 million, which was voted down 6-5.

Council Member Kathy Griswold, D-2nd Ward, proposed starting negotiations at $3 million. Council voted 6-5 in favor of that, but it needed eight votes to pass.

With acquiring the property off the table, council voted to direct the city attorney to enter settlement talks and come back with documents for review and approval to allow a development consistent with what council rejected a month ago.

The city failed to protect the property and this is probably the best option now, said Council Member Jack Eaton, D-4th Ward.

Developer Jim Haeussler of Saline-based Peters Building Co., along with property owner Robert Weber, sued the city last year, contesting the city’s 2017 rejection of subdivision plans.

City officials and residents have been concerned about losing a stand of oak trees believed to date back to the 1700s.

The property, located at 2857 Packard Road, also includes a house dating back to the 1840s that could be demolished.

“This is an area with several trees dating back to pre-settlement Ann Arbor, representing a native forest fragment, which is considered the highest priority for protection,” said Council Member Anne Bannister, D-1st Ward, who wanted the city to purchase the land.

Trees are the lungs of the planet and help with carbon sequestration, heat mitigation, stormwater management and wildlife habitat, Bannister said, calling them “irreplaceable green infrastructure.”

With the litigation on hold, the developer came to council with a compromise last month, proposing to cut down fewer trees, but council rejected the revised subdivision plans.

Concerned the developer or property owner could just clear-cut the property anyway, council weighed its options Monday night.

Some council members said they were willing to pay the $4.76 million to acquire the property, noting the city’s parkland acquisition fund has more than $6 million in reserves, while others argued it was too much and the land is only worth $1.1 million to $2 million.

It would be irresponsible and a waste of money just to save some trees, said Council Member Julie Grand, D-3rd Ward.

The six in favor of offering $3 million were Zachary Ackerman, Bannister, Eaton, Jeff Hayner, Griswold and Elizabeth Nelson.

Opposed were Mayor Christopher Taylor, Grand, Lumm, Ramlawi and Chip Smith.

It fell two votes short of passing.

The plan the developer presented last month called for cutting down 146 of the 208 woodland trees that are at least six inches in diameter and 38 of 57 landmark trees.

That’s a reasonable compromise, said Smith, D-5th Ward. He said he weighs the loss of trees against the reduced carbon emissions that might come from having more people living in the city closer to their jobs, instead of commuting here from other communities.

Though he voted in favor of offering $3 million for the property, Ackerman suggested there’s no shortage of parkland in the area, with three large parks surrounding the site: Mary Beth Doyle Park, County Farm Park and Buhr Park.

Bannister said residents are telling her they’d rather save trees than have luxury townhouses.

“Unfortunately, the city of Ann Arbor does not have good tree protection or an official way to value these trees,” she said.

Monday night was a defining moment in the city’s history, Bannister said, referring to council’s declaration of a climate emergency and calling for making the community carbon-neutral.

It’s hypocritical and shameful to allow a rare and critical stand of landmark trees to be cut down, Bannister said, noting bird populations in North America also have been declining due to habitat loss.

Ackerman argued the developer’s compromise plan saves the most precious trees.

Haeussler couldn’t be reached for comment.

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