The Ann Arbor Chronicle » Research Park Drive

Research Park Rezoning, Area Plan OK’d

Chronicle Staff — Fri, 08 Aug 2014 01:29:33 +0000

A trio of items on the Ann Arbor city council’s Aug. 7, 2014 agenda have been approved, which relate to a future project at Research Park Drive.

The project itself was not on the agenda – but it would construct six new buildings on six parcels, each with associated surface parking and storm water detention. One of the proposed buildings would be a tennis facility. The tennis facility required an amendment to the ORL zoning district, which currently does not allow outdoor recreation uses.

The three associated items approved by the council were: (1) an area plan; (2) rezoning of 16.6 acres comprising six parcels from RE (research district) to ORL (office/research/limited industrial district); and (3) an amendment to the ORL zoning classification to allow the planning commission to grant special exception uses for recreational facilities.

Recommendations of approval for these items came at the planning commission’s June 3, 2014 meeting. Initial approval was given by the city council for the rezoning items at its July 7, 2014 meeting. So a vote for approval at the council’s Aug. 7 meeting was the final vote needed for enactment.

The six lots are undeveloped and total 16.6 acres. Four of the lots, on the southern end of the site, are owned by Qubit Corp. LLC; BMS Holdings LLC owns the northern two sites.

The proposed area plan – which is less detailed than a site plan – includes an indoor-outdoor tennis facility on one of the lots. It also includes five two-story buildings that could accommodate office, research, and limited industrial uses on the remaining lots, each with their own parking lot and access point to Research Park Drive.

Prior to construction, the project must go through the city’s site plan approval process, which might require a traffic impact study.

Aerial view showing Research Park Drive parcels.

Area plan for four sites in a proposed development on Research Park Drive. The image is oriented with east at the top.

This brief was filed from the city council’s chambers on the second floor of city hall, located at 301 E. Huron.

Gift of Life Rezoning Gets Initial OK

Chronicle Staff — Fri, 08 Aug 2014 01:26:20 +0000

Initial approval has been given to the rezoning of property necessary for an expansion of the Gift of Life Michigan facility on Research Park Drive. The rezoning would change 6.55 acres from O (office district) and RE (research district) to ORL (office/research/limited Industrial district).

Aerial view of Gift of Life Michigan site.

The proposal calls for building a three-story, 40,786-square-foot addition to connect two existing buildings at 3161 and 3169 Research Park Drive, which are owned and occupied by the nonprofit. According to a staff report, the additional space will accommodate offices, a special events auditorium and “organ procurement suites.” The nonprofit’s website states that the Gift of Life is Michigan’s only federally designated organ and tissue recovery program. Cost of the expansion project will be $10.5 million.

The city planning commission recommended approval of the rezoning at its July 1, 2014 meeting. City council action came at its meeting on Aug. 7. Only the initial consideration of the rezoning was on the Aug. 7 city council agenda. Rezoning requires two council votes taken at separate meetings.

The changes would rezone the properties from office (O) and research (RE) to office/research/limited industrial (ORL). The parcel at 3161 Research Park Drive is currently zoned O. The parcel at 3169 Research Park is zoned RE. The plan is to combine those lots before the city issues building permits.

The project would reduce the four existing curb cuts to Research Park Drive to three, connecting one of the loop driveways to an existing driveway at the east end of the site. A parking lot at the back of the site will be expanded by 38 parking spaces. Two alternate vehicle fueling stations are proposed in parking spaces near the main entry, with the driveway at the center of the site providing access for ambulances. A new shipping and receiving facility will be located on the northeast corner of the site.

This brief was filed from the city council’s chambers on the second floor of city hall, located at 301 E. Huron.

Aug. 7, 2014: Council Live Updates

Dave Askins — Thu, 07 Aug 2014 20:21:41 +0000

Editor’s note: This “Live Updates” coverage of the Ann Arbor city council’s Aug. 7, 2014 meeting includes all the material from an earlier preview article published last week. The intent is to facilitate easier navigation from the live updates section to background material already in this file.

The council’s election-week meeting is held on Thursday instead of Monday.

The sign on the door to the Ann Arbor city council chamber includes Braille.

The agenda is relatively light, with many of the items dealing with land-development and zoning matters – each of which have an associated public hearing. The consent agenda is packed with renewals of contracts for various software packages and computer maintenance.

In the category of land development and use, the council will consider a site plan that proposes to tear down the existing Delta Chi fraternity house at 1705 Hill Street and build a much larger structure in its place. Another site plan on the agenda is The Mark condominiums. That’s a proposal from developer Alex de Parry to demolish an existing car wash at 318 W. Liberty and build an 11,910-square-foot structure with seven residential condominiums – five two-bedroom and two three-bedroom units.

Also on the agenda is the initial approval of rezoning – from O (office district) and RE (research district) to ORL (office/research/limited industrial district) – that will be necessary for an expansion of the Gift of Life Michigan facility in Research Park. The proposal calls for building a three-story, 40,786-square-foot addition to connect two existing buildings at 3161 and 3169 Research Park Drive, which are owned and occupied by the nonprofit.

Also on Research Park Drive, a trio of items on the agenda relate to a future project that would construct six new buildings on six parcels, each with associated surface parking and storm water detention. One of the proposed buildings would be a tennis facility. The tennis facility would require an amendment to the ORL district, which currently does not allow outdoor recreation uses. The three associated items are: (1) an area plan; (2) rezoning of 16.6 acres from RE (research district) to ORL (office/research/limited industrial district); and (3) an amendment to the ORL zoning classification to allow the planning commission to grant special exception uses for recreational facilities.

The council will also consider a $200,000 contract with Reiser & Frushour P.L.L.C. to provide legal representation for indigent defendants. The city is required to provide such representation for those indigent defendants who might face incarceration if convicted.

A second large contract on the agenda is one with Carrier & Gable Inc. for the purchase of $480,000 worth of traffic signals. A third large contract is a three-year $727,545 agreement with Du All Cleaning Inc. for janitorial service at city hall, the Wheeler Service Center, the water treatment plant, senior center and other city-owned facilities.

Also to be considered by the council at its Aug. 7 meeting are a raft of items on the consent agenda covering various pieces of software used by the city in its regular operations. None of the contracts exceed $100,000, which means they can be voted on “all in one go” as part of the consent agenda.

Returning to the agenda on Aug. 7 is the Pontiac Trail sidewalk special assessment roll. That item had been postponed at the council’s July 21 meeting to allow additional time for residents to protest the assessment.

This article includes a more detailed preview of many of these agenda items. More details on other agenda items are available on the city’s online Legistar system. The meeting proceedings can be followed Thursday evening live on Channel 16, streamed online by Community Television Network starting at 7 p.m.

The Chronicle will be filing live updates from city council chambers during the meeting, published in this article below the preview material. Click here to skip the preview section and go directly to the live updates. The meeting is scheduled to start at 7 p.m.

Site Plan: Delta Chi

On the council’s Aug. 7 agenda is a plan to tear down the existing Delta Chi fraternity house at 1705 Hill Street and build a much larger structure in its place. The planning commission voted to recommend approval of the site plan at its July 1, 2014 meeting.

The Delta Chi fraternity house at 1705 Hill St.

The fraternity plans to demolish the existing 4,990-square-foot house at 1705 Hill St. – at the northwest corner of Hill and Oxford – and replace it with a 12,760-square-foot structure on three levels, including a basement. The current occupancy of 23 residents would increase to 34 people, including a resident manager.

The house is now on the northwest corner of the site, and a curbcut for the driveway is located at the intersection of Hill and Oxford. The proposal calls for building the new house closer to the southeast corner of the lot, with a parking lot on the west side and a new curbcut onto Hill – away from the intersection. [.pdf of staff report]

The minimum parking requirement is for seven spaces, but the plan calls for 16 spaces on the parking lot. There will be a shed with spaces for 20 bikes, and another four bike spaces in the back yard.

The project is expected to cost $2.2 million.

The fraternity declined to make a recommended voluntary parks contribution of $3,100 to the city. A statement from the fraternity gives their rationale for that decision: “While we can see the merit of such a donation for a large, new development that may bring additional residents to the city, we feel that this is not fitting in our situation. The Delta Chi Building Association has owned this property continuously since 1947, and during that time has consistently paid our property taxes and special millage assessments designated for Parks and Recreation. During our 67 years of ownership, we believe that we have contributed much more than the contribution suggested to support the Ann Arbor Parks and Recreation system.”

In two separate votes at its July 1 meeting, the planning commission unanimously recommended approval of a site plan and granted a special exception use for the project. A special exception use is required because the property is zoned R2B (two-family dwelling district and student dwelling district). Fraternities are only allowed in R2B districts if granted special exception use by the planning commission. No additional city council approval is required for that.

The site plan does require city council approval, which is why it appears on the Aug. 7 agenda.

Aerial view of 1705 Hill.

1705 Hill site plan.

Site Plan: The Mark

On the council’s agenda is the site plan for The Mark condominiums just west of the railroad tracks on West Liberty Street.

The proposal from developer Alex de Parry is to demolish an existing car wash at 318 W. Liberty and build an 11,910-square-foot structure with seven residential condominiums – five two-bedroom and two three-bedroom units. Each condo would have its own two-car tandem garage for a total of 14 parking spaces, although no parking is required. The plan received a unanimous recommendation of approval from planning commissioners at their July 1, 2014 meeting.

Rendering of Mark Condominium proposal, as viewed from West Liberty next to the former Moveable Feast building.

The lot, on the north side of Liberty, is east of the historic Peter Brehme house at 326 W. Liberty and located in the Old West Side historic district. The historic district commission issued a certificate of appropriateness for the project on March 13, 2014. It’s located in Ward 5 and is zoned D2 (downtown interface).

The project would require two footing drain disconnects or the equivalent mitigation, according to a planning staff report. [.pdf of staff report]

In May, De Parry was told that the existing six-inch water main in West Liberty Street would need to be upsized to a 12-inch water main. The city staff told him that the six-inch main wouldn’t have the capacity to handle the additional development, in particular the building’s fire-suppression system. That was the reason for postponement at the planning commission’s May 20, 2014 meeting.

At that time, De Parry told commissioners that the development team had just been informed about the issue, and they were analyzing the budget impact and alternatives that they might pursue.

The current agreement, recommended by commissioners on July 1, is for De Parry to pay for installation of an eight-inch water main, rather than the 12-inch water main.

Rezoning: Gift of Life

The council will give initial consideration to the rezoning of property necessary for an expansion of the Gift of Life Michigan facility on Research Park Drive. The rezoning would change 6.55 acres from O (office district) and RE (research district) to ORL (office/research/limited Industrial district).

Aerial view of Gift of Life Michigan site.

The city planning commission recommended approval of the rezoning at its July 1, 2014 meeting. Only the initial consideration of the rezoning is on the Aug. 7 city council agenda. Rezoning requires two council votes taken at separate meetings.

Rezoning, Area Plan, Special Exception: Research Park

A trio of items on the agenda relate to a future project at Research Park Drive that would construct six new buildings on six parcels, each with associated surface parking and storm water detention. One of the proposed buildings would be a tennis facility. The tennis facility would require an amendment to the ORL district, which currently does not allow outdoor recreation uses. The three associated items are: (1) an area plan; (2) rezoning of 16.6 acres comprising six parcels from RE (research district) to ORL (office/research/limited industrial district); and (3) an amendment to the ORL zoning classification to allow the planning commission to grant special exception uses for recreational facilities.

The six lots are undeveloped and total 16.6 acres. Four of the lots, on the southern end of the site, are owned by Qubit Corp. LLC; BMS Holdings LLC owns the northern two sites.

Prior to construction, the project must go through the city’s site plan approval process, which might require a traffic impact study.

Aerial view showing Research Park Drive parcels.

Area plan for four sites in a proposed development on Research Park Drive. The image is oriented with east at the top.

Contracts

On the council’s agenda are three large contracts – one for indigent legal services, one for janitorial services and one for traffic signals.

Contracts: Legal Services

The council will consider a $200,000 contract with Reiser & Frushour P.L.L.C. to provide legal representation as court-appointed counsel to indigent defendants in the 15th District Court.

The court is required by law to appoint attorneys to represent indigent defendants when potential punishment if convicted includes the possibility of incarceration. According to the staff memo accompanying the item, Reiser & Frushour was selected from a pool of three firms that responded to a request for proposals (RFP). Besides Reiser & Frushour, the two other firms submitting proposals were: Washington, Friese & Graney; and Huron Valley Law Association. A selection committee consisting of the three 15th District Court judges reviewed the proposals and ranked the respondents. The contract covers the term of Sept. 1, 2014 through June 30, 2015.

Contracts: Traffic Signals

A second large contract on the agenda is one with Carrier & Gable Inc. for the purchase of $480,000 worth of traffic signals.

The list of signals covered in the contract includes:

Varsity and Ellsworth pedestrian signal upgrade ($25,000)
King George and Eisenhower pedestrian signal upgrades ($35,000)
Maintenance operations, including wear-out and accident damage, and support of other city projects ($300,000)
Addition of flashing yellow arrows for left turn movement at the following locations ($55,000): Fuller & Glenn; Barton & Plymouth; Plymouth & Broadway; Eisenhower & Stone School; Cedar Bend & Fuller; Fuller & Glazier Way; Fuller & Fuller Ct.; Fuller & Huron High
Division and Catherine ($65,000)

The council is being asked to approve the contract with Carrier & Gable as a sole-source contract, because they are the only area distributor in Michigan and Indiana for the Eagle Signal Company. All of the city’s signalized intersections use equipment manufactured by Eagle. According to the staff memo accompanying the resolution, the advantages of sole-source supply for these materials include: reduced inventory requirements, as well as the need to train technicians in the repair of only one type of product.

Contracts: Janitorial Services

A third large contract on the agenda is a three-year $727,545 contract with Du All Cleaning Inc. for janitorial service at city hall, the Wheeler Service Center, the water treatment plant, senior center and other city-owned facilities.

The item had originally been scheduled to appear on the council’s July 21 meeting agenda. Responding to an emailed query from The Chronicle, city administrator Steve Powers explained that the item was delayed until the Aug. 7 meeting “to allow more time to evaluate the services of Du All during their probationary period.”

The locations and the cleaning schedule to be covered by the contract include:

911 Dispatch Center [Cleaned 7 days per week]
Municipal Center [Cleaned 5 days per week]
Wheeler Service Center [Cleaned 5 days per week]
Water Treatment Plant [Cleaned 5 days per week]
Veterans Memorial Park [Cleaned 5 days per week]
Senior Center [Cleaned 4 days per week]
Farmers Market [Cleaned 1-3 days per week depending on the season]

Sidewalk Special Assessment: Pontiac Trail

Appearing on the Aug. 7 agenda is the final vote on the special assessment for sidewalk construction on Pontiac Trail. It was postponed from the council’s July 21, 2014 meeting to allow additional time for one of the property owners to protest. The total cost that would be assessed to adjoining property owners is $72,218.

According to the staff memo accompanying the resolution, sidewalk construction would be done as part of the reconstruction of Pontiac Trail beginning just north of Skydale Drive to just south of the bridge over M-14. The project will also be adding on-street bike lanes and constructing a new sidewalk along the east side of Pontiac Trail to fill in existing sidewalk gaps and to provide pedestrian access to Olson Park and Dhu Varren Road. That’s part of the city’s Complete Streets program.

In addition to the sidewalk, approximately 1,960 feet of curb and gutter is being added north of Skydale along Pontiac Trail to protect existing wetland areas. [.pdf of Pontiac Trail sidewalk special assessment area]

The consent agenda is a collection of items grouped together on the agenda that are considered routine and may include contracts up to $100,000. The council votes on those items as a group, unless a councilmember asks that an item be pulled out of the consent agenda for separate consideration.

The Aug. 7 consent agenda is dominated with computer software items:

Purchase order to Michigan Supreme Court State Court Administrative Office for Judicial Information System (JIS) in FY 2015 ($45,000). This covers the annual software licensing and hosting costs for the JIS case management software. JIS is provided by the State of Michigan Supreme Court State Court Administrative Office for the 15th District Court use in its day-to-day operations.
Purchase order with Oakland County for CLEMIS (Courts and Law Enforcement Management Information System) Information Services for FY 2015 ($87,000). This gives the Ann Arbor police department access to shared information across multiple jurisdictions related to: computer aided dispatch (CAD), CAD Mobile, report management systems, fingerprinting and mug shots.
Purchase order for annual maintenance and support of TRAKiT system and e-Markup annual license with CRW Systems Inc. for FY 2015 ($36,500). This system is used to track site plans and permits involved in land development – from initial concept through post occupancy compliance
Purchase order with Azteca Systems for CityWorks enterprise license and annual maintenance and support agreement for FY 2015 ($60,000). This is a GIS-based asset management system used for maintenance activities. Service requests and work orders are based upon a customer request or an asset’s preventative maintenance schedule, and its location – which means that work can be managed by geographic location in addition to task type. If workers are already being sent to some area, they can do work that is due that is nearby as well.
Purchase order to New World Systems for financial system annual software support and maintenance agreement for FY 2015 (not to exceed $70,000). The software provides monthly reporting and workflow routing for approvals of accounts payable invoices, accounts receivable, purchases, etc. The software allows city staff across departments to track the budget from the beginning of the budget planning process through the approval of the new budget.
Purchase order with SEHI Computers for FY 2015 PC replacement program ($55,765). The staff memo accompanying this item notes that SEHI was selected as the lowest responsible bidder for pricing, technology, use of green technologies, power management technologies and ability to meet required bid specifications. But there’s not an indication of how many PCs are to be replaced under the program.
Purchase order to BS&A Software for annual software maintenance and support agreement for FY 2015 ($26,000). This system is used for tax and assessment as well as the online hosting of tax and assessing data.

4:38 p.m. Staff responses to councilmember questions about items on the agenda are now available: [.pdf of Aug. 7, 2014 staff responses to agenda items]

4:40 p.m. Nine of 10 speakers signed up to speak during public commentary reserved time will address the topic of a boycott against Israel: Kamal Aggour, Mahamoud Habeel, Mohammad Aggour, Ayah Nimer, Mustafa Aggour, Aleddin Arukaff, Mozghan Savabieasfahani, Blaine Coleman and Jennifer Lewis. Thomas Partridge is signed up to talk about electing Mark Schauer as governor and improved access to public transportation. Two alternates are also signed up: Ossama Elayan, to talk about boycotting Israel; and Alan Haber to talk about World Peace Day.

6:25 p.m. Two stacks of yellow paper have been stacked at the public speaking podium – copies of tonight’s agenda. The sound of vacuuming is audible from elsewhere on the second floor of city hall. That kind of janitorial work is actually the subject of one of the items on tonight’s agenda – a 35-month contract with Du All Cleaning. [For additional background, see Contracts: Janitorial Services above.]

6:26 p.m. Thomas Partridge is first to arrive in the council chambers. He’ll be addressing the city council tonight on the topics of electing Mark Schauer as governor of Michigan and the need to increase public transportation services.

6:30 p.m. Partridge is listening to NPR on the radio. “After the break we’ll have the latest update from events in Gaza.” That will be the topic for nine of 10 speakers who have signed up for public commentary reserved time.

6:48 p.m. About a dozen people with white T-shirts with “Boycott Israel” printed on them are now here. Another dozen people have now joined them.

6:52 p.m. The back of the T-shirts read: “The people united, will never be defeated.”

6:54 p.m. The contingent of anti-Israel activists now numbers about 35 people or more.

6:59 p.m. Contingent of anti-Israel activists is now upwards of 50 people. They’re all moving to the center section of seating for maximum impact for the CTN cameras when members of their group address the council.

7:02 p.m. Only seven councilmembers are here so far. Missing are Margie Teall, Mike Anglin, Sabra Briere and Chuck Warpehoski.

7:02 p.m. AAPD has an officer standing in the rear off to the side.

7:04 p.m. Jane Lumm is congratulating Christopher Taylor on his primary election victory. Briere, Teall and Warpehoski have now arrived.

7:05 p.m. Anti-Israel contingent continues to add to their number.

7:06 p.m. AAPD actually has two officers here. One of them retrieves a agenda.

7:06 p.m. Call to order, moment of silence, pledge of allegiance.

7:07 p.m. Roll call of council. Anglin is not here.

7:07 p.m. Approval of agenda.

7:08 p.m. Outcome: The council has voted to approve tonight’s meeting agenda.

7:08 p.m. Communications from the city administrator. Steve Powers has no communications tonight.

7:08 p.m. Introductions. A proclamation is being given to Ann Arbor Teens for Kids to honor their volunteer contributions in the Ann Arbor parks – specifically for their efforts related to the skatepark grand opening and Huron River Day.

7:11 p.m. A representative of the group is introducing the roughly dozen students, most of them Pioneer High School students.

7:11 p.m. Public commentary. This portion of the meeting offers 10 three-minute slots that can be reserved in advance. Preference is given to speakers who want to address the council on an agenda item. [Public commentary general time, with no sign-up required in advance, is offered at the end of the meeting.]

Nine of 10 speakers signed up to speak during public commentary reserved time will address the topic of a boycott against Israel: Kamal Aggour, Mahamoud Habeel, Mohammad Aggour, Ayah Nimer, Mustafa Aggour, Aleddin Arukaff, Mozhgan Savabieasfahani, Blaine Coleman and Jennifer Lewis. Thomas Partridge is signed up to talk about electing Mark Schauer as Governor and improved access to public transportation. Two alternates are also signed up: Ossama Elayan, to talk about boycotting Israel; and Alan Haber to talk about World Peace Day.

At the July 7 and July 21 meetings of the council, speakers have addressed the council renewing their request – made at council meetings dating back more than a decade – that the council enact a policy boycotting city purchase of products from Israel. Speakers have asked that the council establish a public hearing on the topic. Most recently, mayor John Hieftje and Ward 4 councilmember Jack Eaton, in separate emails, have conveyed to anti-Israel activists that they would not support such a boycott or a move to establish a public hearing on the topic. [.pdf of Aug. 3, 2014 email from Hieftje to Mozhgan Savabieasfahani] [.pdf of July 30, 2014 email from Eaton to Mozhgan Savabieasfahani]

7:12 p.m. Hieftje stresses that only one person can speak at a time. He’s ticking through the set of rules – and says that signs need to be held toward the sides of the chambers so as not to block anyone’s view.

7:15 p.m. Thomas Partridge says he’s here to re-affirm the need to elect Democrat Mark Schauer as governor and Gary Peters as U.S. senator. They will bring about a more progressive environment. He calls for more public transportation, saying that the current system is too limited in scope. He calls for door-to-door service to all principle residential and government buildings. He calls for an expansion of the AAATA to a true countywide transportation system.

7:20 p.m. Kamal Aggour takes the podium to applause, with Blaine Coleman and Mozghan Savabieasfahani standing behind him. Aggour says that people don’t know what is going on the Middle East. He describes how one person he spoke to thought that the pyramids were in Israel. He’s showing the council a map of the area in 1948. He’s reviewing the Balfour Declaration of 1917. He describes how people’s houses have been taken from them. His remarks end with applause. Chants of “Boycott Israel” erupt. Hieftje gavels them down. He says that the next time that happens it will be taken off the speaker’s time. He says the council will move in a progressive fashion to conduct the meeting.

7:23 p.m. Mahamoud Habeel is reciting grim statistics about the deaths and injuries over the last several weeks in the violence in Gaza. One of them was his nephew. There were 20,000 buildings destroyed, he says, including his own family’s house. He’s paying taxes that are being used to destroy his own property and people, he says. Ten schools have been bombed, he says. A representative from the UN stood in front of the ruins of one of the schools and broke into tears, he says. He asks the council to divest from Israel. More chants of “Boycott Israel.”

7:26 p.m. Mohammad Aggour tells the council that the death toll in Gaza has doubled to 1,900 since the last time he addressed the council. He tells the mayor that he is not supporting the cause. He says that it’s time for Ann Arbor to become a leader. If someone were kidnapped here in Ann Arbor, people would go crazy, but there are thousands of people are dying and nobody is doing anything. He asks for a boycott of Israel – that’s something that is easy to do. He tells the council that they have the ability to call a public hearing, but they won’t do it. “We elected you guys to help us.” More chants of “Boycott Israel.”

7:29 p.m. Ayah Nimer is standing before the council as a voice for Palestinians. Americans have played a role in helping Israel, she says. The way to help our brothers and sisters in Gaza, she says, is to boycott Israel. There’s an app that will tell you which products to avoid, she says. She asks the council to imagine a resident of Gaza, who can’t get drinkable water. She describes how she keeps in touch with a 16-year-old girl in Gaza using Twitter. The girl is one of the thousands of people who have been silenced by Israel, she says, and that’s why she is speaking for her. Gaza is like an open-air prison, she says. More chants.

7:33 p.m. Mustafa Aggour says that hundreds and thousands of kids are being killed – with guns and tanks that we are paying for. Innocent women and children are being killed every day, he says, and we are supporting that. Israel has no right to take the Palestinian’s homeland and the U.S. has no right to support that. Americans stood up for Jews in Germany, he says, and they should stand up against this new Holocaust. They would come to attend council meetings in the future to call for a boycott. He says the council has the power to stop this, but they won’t. All they’re asking is for a boycott of Israel, he says. “Boycott Israel, that’s it,” he concludes. More chanting. Hieftje admonishes that only one person can speak at a time. The speaker invites the audience to recite in turn, which they attempt to do. Then the timer’s beep ends his speaking turn.

7:35 p.m. Aleddin Arukaff says he’s come to address the council not as a Muslim but as a human being. He’s just a kid, he says, who doesn’t want to see another kid die as a result of bullets and guns that they had helped pay for. More chants. He asks the council to imagine that someone comes to their house and just takes it. “I beg you guys, boycott Israel.” More chants.

7:39 p.m. Mozghan Savabieasfahani thanks the audience for coming. She’s turned away from the council to address the audience. She now turns back to the council. She asks Hieftje: “Is the life of an Arab child worth anything to you?” She tells the council that genocide is being funded by the U.S. She wants that to end. The way to do that is to schedule a public hearing on the boycott of Israel. “Who wants a public hearing?” “We do!” they reply. Thomas Partridge interjects a complaint that they are too loud. Savabieasfahani continues. Another woman interjects. Hieftje advises that only one person can talk at a time. Members of the audience point out that only one person is talking. The woman finishes her thought. More calls for a public hearing and applause finish out Savabieasfahani’s turn.

7:43 p.m. Blaine Coleman leads the audience in a chant of “Boycott Israel.” Coleman says that a resolution from the city council would have stopped Israel in its tracks. Hieftje reacts with a smile. The audience reacts negatively. Coleman shouts: “You racist dog!” The woman from the audience who spoke before tries again. This time Hieftje enforces the rule against ceding your time to another speaker. This provokes the audience to stand and chant. The council retreats to the work room.

7:46 p.m. AAPD officer advises the audience that they need to calm down. The council will come back, but when they do, the crowd needs to stay calm. If there’s another outburst like that, the council will go back to the work room and the officers will clear the room.

7:49 p.m. The AAPD officers have approached Coleman. They’re clearing the room. It’s not clear what specifically led to the decision to clear the room.

7:50 p.m. They’re now leaving. Lots of chanting, “Boycott Israel” as they leave. Chants have become quite loud.

7:51 p.m. Statements made include: “We are coming back with a thousand people.” “Cowards!”

7:53 p.m. Most of the activists are outside of the chambers, but still on the second floor. Chants of “Boycott Israel” are still audible from the hall. “People are angry. Their relatives are dead.”

7:54 p.m. It’s now quieted down. Councilmembers are returning to the table.

7:54 p.m. Hieftje has called the council to order again.

7:57 p.m. Jennifer Lewis is addressing the council about an experience she had at the zoning board of appeals (ZBA). She asks that the composition of the ZBA reflect the source of most of the appeals. She says that the people who spoke tonight don’t necessarily reflect the views of all the residents of Ann Arbor. She notes that the word “Hamas” had not been spoken tonight. When her family visited Israel, they had to sit in bomb shelters.

7:57 p.m. Communications from council. This is the first of two slots on the agenda for council communications. It’s a time when councilmembers can report out from boards, commissions and task forces on which they serve. They can also alert their colleagues to proposals they might be bringing forward in the near future.

8:03 p.m. Eaton relays regrets from Anglin.

8:03 p.m. Lumm notes that the campaigns had concluded on Tuesday [the day of the primary elections]. She says that the campaigns were positive and classy.

Briere is questioning whether one of the speaker’s statements was true – that the U.S. had supported Jews during the Holocaust. She says that the U.S. had not opened its doors. That doesn’t mean that any violence is justified – she wants only to correct the error of historical fact.

8:03 p.m. Kailasapathy says: “Every child’s life matters.” When human rights are violated, it affects all of us. In Sri Lanka on July 25, 1983, her house was burned along with those of others. She describes her experience in the civil war there: “I am the poster child of a civil war …They were killing all my friends,” she says. She’d seen people dying like those in the pictures that protesters were holding. Her voice is shaking, but she’s continuing to speak. She tells those remaining in the audience: “We do care, okay. Just because we go into that room [the council work room] doesn’t mean we’re running way.”

8:05 p.m. Warpehoski gives an update on the chicken ordinance. He’s also giving an update on greenway planning. His third update is on the Michigan Dept. of Transportation proposed widening of US-23. On Aug. 14 there will be a public meeting to discuss that proposal at the Northfield Township Hall, he says.

8:07 p.m. Warpehoski now questions the assertion of one of the speakers that the council had the power to stop the violence in Gaza. He is talking about the legal ability of local units of government to enact boycotts of foreign governments, citing a court decision. “The premise that we are somehow the locus of control is wrong,” he says.

8:09 p.m. Petersen reports that before the meeting she’d spoken with Ayah Nimer, who’d address the council. Petersen had completed a “Hands are not for hitting” program and had known her for several years. Petersen said that Nimer’s comments were balanced and had approached the council in peaceful manner; she could be a leader for others, she says.

8:09 p.m. Nominations. On tonight’s agenda are three nominations to city boards and commissions: Bob Guenzel as a reappointment to the Ann Arbor Downtown Development Authority; Stephen Raiman to the energy commission to replace Dina Kurz; and Nora Lee Wright to a vacancy on the housing and human services advisory board.

8:10 p.m. Hieftje says that he wants the activists to reflect on the image they are creating, of a raucous crowd shutting down a city council meeting. Some of the statements that Coleman had made were absurd, Hieftje says. There are limits to what the council and cannot do.

8:11 p.m. PH-1 Confirm Pontiac Trail sidewalk assessment roll. [For additional background, see Sidewalk Special Assessment: Pontiac Trail above.] No one speaks on this hearing.

8:12 p.m. PH-2 Rezoning of 16.6 Acres from RE (Research Dwelling District) to ORL (Office/Research/Limited Industrial Dwelling District). [For additional background, see Rezoning, Area Plan, Special Exception: Research Park above.] Thomas Partridge asks that this parcel be required to have accessible transportation.

8:12 p.m. PH-3 Approve the area plan for Research Park Lots 26-31. [For additional background, see Rezoning, Area Plan, Special Exception: Research Park above.] No one speaks on this public hearing.

8:13 p.m. PH-4 Amend zoning ordinance to allow outdoor places of recreation in the Office/Research/Limited Industrial (ORL) zoning district as a special exception use. [For additional background, see Rezoning, Area Plan, Special Exception: Research Park above.] No one speaks on this public hearing.

8:14 p.m. PH-5 The Mark Condominiums site plan. [For additional background, see Site Plan: The Mark above.] Thomas Partridge calls for a requirement of all site plans to have accessible transportation.

8:15 p.m. A representative from Perimeter Engineering is addressing the council. She’s reviewing flow capacity testing for the water main and she believes that the water main is already adequate to meet the needs of the project.

8:18 p.m. PH-6 Delta Chi site plan. [For additional background, see Site Plan: Delta Chi above.] Allen Lutes is representing the owner of the property, and providing background on their intent.

8:20 p.m. Thomas Partridge calls for a requirement that public transportation be made available at this site.

8:22 p.m. PH-7 Issuance of Bonds by the EDC for Glacier Hills Inc. The attorney for the Economic Development Corp. is addressing the council. He stresses that there are no new bricks-and-mortar projects associated with this bond issuance. It’s a refinancing of bonds issued in 1989, 2000 and 2010. There’s no risk to tax money, he says.

8:22 p.m. Approval of minutes.

8:22 p.m. Outcome: The council has voted to approve the minutes of its previous meeting.

8:22 p.m. Consent agenda. This is a group of items that are deemed to be routine and are voted on “all in one go.” Contracts for less than $100,000 can be placed on the consent agenda. Tonight’s consent agenda contains 11 items. [Some background on consent agenda items is included above.]

8:23 p.m. Councilmembers can opt to select out any items for separate consideration. No one does.

8:23 p.m. Outcome: The council has approved the consent agenda.

8:23 p.m. B-1 Rezoning of 16.6 Acres from RE (Research Dwelling District) to ORL (Office/Research/Limited Industrial Dwelling District). Also on Research Park Drive, a trio of items on the agenda relate to a future project that would construct six new buildings on six parcels, each with associated surface parking and storm water detention. One of the proposed buildings would be a tennis facility. The tennis facility would require an amendment to the ORL district, which currently does not allow outdoor recreation uses. The three associated items are: (1) an area plan; (2) rezoning of 16.6 acres from RE (research district) to ORL (office/research/limited industrial district); and (3) an amendment to the ORL zoning classification to allow the planning commission to grant special exception uses for recreational facilities. [For additional background, see Rezoning, Area Plan, Special Exception: Research Park above.]

8:23 p.m. Outcome: The council has voted without discussion to give final approval to the rezoning of the 16.6 acres in Research Park.

8:23 p.m. B-2 Amend zoning ordinance to allow outdoor places of recreation in the Office/Research/Limited Industrial (ORL) zoning district as a special exception use. This item is related to the previous one. [For additional background, see Rezoning, Area Plan, Special Exception: Research Park above.]

8:23 p.m. Outcome: The council has voted without discussion to give final approval of the amendment to the zoning code to allow outdoor recreation as a special exception use in the ORL district.

8:24 p.m. C-1 Gift of Life rezoning. This is the initial approval of rezoning – from O (office district) and RE (research district) to ORL (office/research/limited industrial district) – that will be necessary for an expansion of the Gift of Life Michigan facility in Research Park. The proposal calls for building a three-story, 40,786-square-foot addition to connect two existing buildings at 3161 and 3169 Research Park Drive, which are owned and occupied by the nonprofit.[For additional background, see Rezoning: Gift of Life above.]

8:24 p.m. Outcome: The council has voted without discussion to give initial approval of the rezoning for the Gift of Life property.

8:24 p.m. DC-1 Issuance of Bonds by the EDC for Glacier Hills Inc. This resolution approves issuance of bonds by the Economic Development Corporation for refinancing of existing bonds. According to the staff memo accompanying the resolution, this does not encumber the city in any way – because Glacier Hills will be solely and exclusively responsible for the repayment of the EDC bonds.

8:25 p.m. Lumm is reading aloud a description of the issuance. She recites how the council had previously voted to set the public hearing that was held tonight. Refinancing will save substantially on the bond repayment, she says. She reiterates that there is no risk to the city involved here.

8:26 p.m. Outcome: The council has voted to approve the issuance of bonds by the EDC for Glacier Hills Inc.

8:26 p.m. DC-2 Great Lakes Climate Assessment grant application. This resolution would support the city of Ann Arbor’s application for a 2014 GLISA Great Lakes Climate Assessment grant, sponsored by the University of Michigan Great Lakes Integrated Sciences and Assessment Center (GLISA). According to the staff memo accompanying the resolution, city staff are proposing a project to develop a set of training tools for city engineers that will: (1) highlight adaptive projects and designs that are known to be effective in the Great Lakes Region (e.g., white roofs, green streets); and (2) identify key research questions for infrastructure assets where adaptive measures are not well developed (e.g., heat island effects of asphalt vs. concrete for street reconstruction).

8:27 p.m. Briere says that this “is one of those relatively easy things.” It’s a grant competition that the University of Michigan has entered, and they need a civic sponsor. That’s the role the city will play.

8:27 p.m. Outcome: The council has approved the resolution of support for the grant application.

8:27 p.m. DB-1 Approve the area plan for Research Park Lots 26-31. This is related to two items above. [For additional background, see Rezoning, Area Plan, Special Exception: Research Park above.]

8:27 p.m. Outcome: The council has voted without discussion to approve the area plan for the lots on Research Park Drive.

8:27 p.m. DB-2 Site plan: The Mark. This is a proposal from developer Alex de Parry to demolish an existing car wash at 318 W. Liberty and build an 11,910-square-foot structure with seven residential condominiums – five two-bedroom and two three-bedroom units. [For additional background, see Site Plan: The Mark above.]

8:32 p.m. Kunselman says that what caught his attention was the information about the water main that was mentioned during the public hearing. Planning manager Wendy Rampson approaches the podium. The proposal requires more water service than the current use as a car wash, she explains. Kunselman says there is a different project at Ashley and Huron that is having some of the utilities work paid for through a rebate of TIF. Alex de Parry responds to Kunselman’s question about whether he has pursued that option with the DDA. De Parry indicates that there have been some discussions but it sounds like they didn’t result in interest in applying.

The conversation is now about the flow testing – measured at 3,400 gallons per minute. The contention is that 3,000 is the minimum requirement. Eaton asks the representative from Perimeter what she would like the council to do. She says that they’d prefer not to have to build the water main.

8:35 p.m. She estimates the cost of building the new water main at $250,000, which is significant for a small project. She says she’d like to be able to construct the building before constructing the water main. Eaton asks Rampson if that’s possible. Rampson says that typically the water main needs to be completed before construction of the building. Petersen asks about the age of the water main. Rampson says that size is the issue, not age. She ventures that if the development agreement was not acceptable to the developer, the issue could be postponed. Public services administrator Craig Hupy is asked to the podium by Hieftje to confirm that city staff believes the pipe needs to be bigger.

8:37 p.m. Briere is reviewing the history of the planning commission’s treatment of this application. Rampson says that if there is additional information about water, that could be incorporated – but she didn’t want to try to alter the development agreement tonight. Kunselman says that if de Parry wants to go forward, he’ll vote for it.

8:37 p.m. Outcome: The council has voted to approve the site plan for The Mark condominiums.

8:37 p.m. DB-3 Site plan: Delta Chi. This site plan proposes to tear down the existing Delta Chi fraternity house at 1705 Hill Street and build a much larger structure in its place. [For additional background, see Site Plan: Delta Chi above.]

8:40 p.m. Lumm is reviewing the public participation meeting. Briere is asking about placement of dumpsters.

8:40 p.m. Outcome: The council has voted to approve the Delta Chi site plan.

8:40 p.m. DS-1 Pontiac Trail sidewalk special assessment roll. That item had been postponed at the council’s July 21 meeting to allow additional time for residents to protest the assessment. [For additional background, see Sidewalk Special Assessment: Pontiac Trail above.]

8:40 p.m. Outcome: The council has voted without discussion to confirm the assessment roll for the Pontiac Trail sidewalk construction.

8:40 p.m. DS-2 Contract with Du All Cleaning, Inc. for janitorial services ($727,545). This is a roughly three-year (35 months) $727,545 contract with Du All Cleaning Inc. for janitorial service at city hall, the Wheeler Service Center, the water treatment plant, senior center and other city-owned facilities.[For additional background, see Contracts: Janitorial Services above.]

8:41 p.m. Outcome: The council has voted to approve the janitorial contract with Du All Cleaning Inc.

8:41 p.m. DS-3 Contract with Carrier & Gable for traffic signal materials ($480,000). The contract includes pedestrian signals and left-turn arrows for several locations. [For additional background, see Contracts: Traffic Signals above.]

8:43 p.m. Briere asks for public services area administrator Craig Hupy. She says that when the council established the pedestrian safety task force, the council wanted work on pedestrian safety to continue. She asks about the blinking left-turn area. She wonders if that creates a more hostile environment for pedestrians. How busy are these particular crosswalks, she asks.

8:44 p.m. Hupy asks Briere which intersections she’s talking about. She gives Fuller and Maiden Lane as an example. It’s a busy pedestrian intersection and a lot of cars go through there. This is the first he’s heard about a concern about left turn arrows with respect to pedestrians, he says. He will ask staff to look into it, he says.

8:45 p.m. Outcome: The council has voted to approve the contract with Carrier and Gable for the traffic signal materials.

8:45 p.m. DS-4 Contract with Reiser & Frushour P.L.L.C. to provide legal representation for indigent defendants. ($200,000) Reiser & Frushour was awarded the contract over two other respondents to the city’s RFP. The 15th District Court is required to provide representation for indigent persons if their punishment could include incarceration upon conviction. [For additional background, see Contracts: Legal Services above.]

8:46 p.m. Taylor reports that the contracting party is a client of his, so he asks for authorization to sit out the vote. The council votes to allow that.

8:46 p.m. Outcome: The council has voted to approve the contract with Reiser & Frushour P.L.L.C.

8:46 p.m. Communications from council.

8:50 p.m. Warpehoski says that “with all the fun at the beginning the meeting” he’d forgotten to mention some discussion about increased transparency and oversight of reporting for Ann Arbor SPARK – a discussion that’s been happening with the Washtenaw County board. When the council takes up the SPARK contract off the table to consider it, he would be adding two points: (1) a reporting requirement for metrics, and (2) a direction to work with the county board’s Act 88 committee. Petersen reports that she’s working with the LDFA (local development finance authority) on a similar effort. Warpehoski reminds everyone that those are separate efforts – general fund compared to LDFA. Still he appears in agreement with Petersen that there should be coordination between the city and other contracting agencies on this type of issue. Updated: After the meeting, the city clerk forwarded the media the text of the amendment at Warpehoski’s request: [.pdf of Warpehoski's amendment to the SPARK resolution]

8:51 p.m. Kailasapathy is confirming with Petersen the distinction between the general fund support that the city provides to SPARK compared to the LDFA, which is based on tax capture. Petersen says that job-creation reporting is to some extent self-reported. She wants to keep it clear, streamlined and simple.

8:52 p.m. Eaton says that the state treasurer’s department did an audit of MEDC job creation numbers. He suggests that the methodology used by the city could be similar to that used by the state treasurer.

8:54 p.m. Lumm says that the current contract with SPARK doesn’t require reporting. Councilmembers are now having a conversation on the topic of required reporting from SPARK.

8:56 p.m. Clerk’s report of communications, petitions and referrals.

Outcome: The council has accepted the clerk’s report.

8:56 p.m. Public comment.

8:58 p.m. Laurie Barnett is addressing the council as the Jewish Federation of Ann Arbor. She’s reading aloud a letter to the council. It expresses support for the council’s position that a public hearing on a boycott of Israel should not be held.

8:59 p.m. She responds to Petersen’s remarks earlier in the meeting by saying that even personal boycotts are not justified.

9:03 p.m. Another woman is addressing the council supporting their position on Israel. She says it’s a slippery slope to anti-Semitic and hate speech.

9:03 p.m. David Shtulman, executive director of the Jewish Federation, is thanking Hieftje for 14 years of service. He admires the council for what they have to sit through and what they will have to sit through in the coming weeks. He says that he does not hold the council responsible for deaths of children in Gaza. In a poll in Gaza, 72% don’t want hostilities, he says. Those who were here tonight saying, “Boycott Israel” would save more lives if they shouted, “Boycott Hamas,” he says.

9:05 p.m. Thomas Partridge calls on the council to maintain order at meetings. He was concerned for his personal safety tonight, he says. He was almost hit in the face with a placard, and had been told he should leave if he didn’t want his hearing harmed. He warns that things could evolve toward violence. He calls on the council to prioritize protection of the most vulnerable residents. He calls for advancement of the cause of public transportation.

9:08 p.m. Alan Haber had been an alternate during reserved time. He says that he’s been in France, “the land without a pothole.” He doesn’t know how they do it, but says the engineers for the city should go and see how they do it. He complains that he was on the phone at three minutes after 8 a.m. and there were already people signed up ahead of him. He proposes that a World Peace Day celebration be held on Sept. 21 on top of the Library Lane underground parking structure.

9:10 p.m. Closed session under the Michigan Open Meetings Act. The council has voted to go into closed session to discuss pending litigation.

9:20 p.m. Before going into closed session, Hieftje told The Chronicle that it was his decision to clear the room earlier, and it was not triggered by anything specific, but rather a general sense that the council was not going to be able to conduct its business.

9:28 p.m. Before going into closed session, assistant city attorney Abigail Elias said she hoped the closed session would be very brief. It appears that hope might not be realized.

9:37 p.m. The council has emerged from the council work room.

9:37 p.m. Adjournment. We are now adjourned. That’s all from the hard benches.

A sign on the door to the Ann Arbor city council chambers gives instructions for post-meeting clean-up.

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Aug. 7, 2014: City Council Meeting Preview

Dave Askins — Fri, 01 Aug 2014 14:17:44 +0000

The council’s election-week meeting will be held on Thursday instead of Monday.

Screenshot of Legistar – the city of Ann Arbor’s online agenda management system. Image links to the Aug. 7, 2014 meeting agenda.

The agenda is relatively light, with many of the items dealing with land-use and zoning matters – each of which have an associated public hearing. The consent agenda is packed with renewals of contracts for various software packages and computer maintenance.

This article includes a more detailed preview of many of these agenda items. More details on other agenda items are available on the city’s online Legistar system. The meeting proceedings can be followed Monday evening live on Channel 16, streamed online by Community Television Network starting at 7 p.m.

Site Plan: Delta Chi

The Delta Chi fraternity house at 1705 Hill St.

The minimum parking requirement is for seven spaces, but the plan calls for 16 spaces on the parking lot. There will be a shed with spaces for 20 bikes, and another four bike spaces in the back yard.

The project is expected to cost $2.2 million.

The site plan does require city council approval, which is why it appears on the Aug. 7 agenda.

Aerial view of 1705 Hill.

1705 Hill site plan.

Site Plan: The Mark

On the council’s agenda is the site plan for The Mark condominiums just west of the railroad tracks on West Liberty Street.

Rendering of Mark Condominium proposal, as viewed from West Liberty next to the former Moveable Feast building.

The project would require two footing drain disconnects or the equivalent mitigation, according to a planning staff report. [.pdf of staff report]

At that time, De Parry told commissioners that the development team had just been informed about the issue, and they were analyzing the budget impact and alternatives that they might pursue.

The current agreement, recommended by commissioners on July 1, is for De Parry to pay for installation of an eight-inch water main, rather than the 12-inch water main.

Rezoning: Gift of Life

Aerial view of Gift of Life Michigan site.

Rezoning, Area Plan, Special Exception: Research Park

The six lots are undeveloped and total 16.6 acres. Four of the lots, on the southern end of the site, are owned by Qubit Corp. LLC; BMS Holdings LLC owns the northern two sites.

Prior to construction, the project must go through the city’s site plan approval process, which might require a traffic impact study.

Aerial view showing Research Park Drive parcels.

Area plan for four sites in a proposed development on Research Park Drive. The image is oriented with east at the top.

Contracts

On the council’s agenda are three large contracts – one for indigent legal services, one for janitorial services and one for traffic signals.

Contracts: Legal Services

The council will consider a $200,000 contract with Reiser & Frushour P.L.L.C. to provide legal representation as court-appointed counsel to indigent defendants in the 15th District Court.

Contracts: Traffic Signals

A second large contract on the agenda is one with Carrier & Gable Inc. for the purchase of $480,000 worth of traffic signals.

The list of signals covered in the contract includes:

Varsity and Ellsworth pedestrian signal upgrade ($25,000)
King George and Eisenhower pedestrian signal upgrades ($35,000)
Maintenance operations, including wear-out and accident damage, and support of other city projects ($300,000)
Addition of flashing yellow arrows for left turn movement at the following locations ($55,000): Fuller & Glenn; Barton & Plymouth; Plymouth & Broadway; Eisenhower & Stone School; Cedar Bend & Fuller; Fuller & Glazier Way; Fuller & Fuller Ct.; Fuller & Huron High
Division and Catherine ($65,000)

Contracts: Janitorial Services

The locations and the cleaning schedule to be covered by the contract include:

911 Dispatch Center [Cleaned 7 days per week]
Municipal Center [Cleaned 5 days per week]
Wheeler Service Center [Cleaned 5 days per week]
Water Treatment Plant [Cleaned 5 days per week]
Veterans Memorial Park [Cleaned 5 days per week]
Senior Center [Cleaned 4 days per week]
Farmers Market [Cleaned 1-3 days per week depending on the season]

Sidewalk Special Assessment: Pontiac Trail

Consent Agenda

The Aug. 7 consent agenda is dominated with computer software items:

Purchase order to Michigan Supreme Court State Court Administrative Office for Judicial Information System (JIS) in FY 2015 ($45,000). This covers the annual software licensing and hosting costs for the JIS case management software. JIS is provided by the State of Michigan Supreme Court State Court Administrative Office for the 15th District Court use in its day-to-day operations.
Purchase order with Oakland County for CLEMIS (Courts and Law Enforcement Management Information System) Information Services for FY 2015 ($87,000). This gives the Ann Arbor police department access to shared information across multiple jurisdictions related to: computer aided dispatch (CAD), CAD Mobile, report management systems, fingerprinting and mug shots.
Purchase order for annual maintenance and support of TRAKiT system and e-Markup annual license with CRW Systems Inc. for FY 2015 ($36,500). This system is used to track site plans and permits involved in land development – from initial concept through post occupancy compliance
Purchase order with Azteca Systems for CityWorks enterprise license and annual maintenance and support agreement for FY 2015 ($60,000). This is a GIS-based asset management system used for maintenance activities. Service requests and work orders are based upon a customer request or an asset’s preventative maintenance schedule, and its location – which means that work can be managed by geographic location in addition to task type. If workers are already being sent to some area, they can do work that is due that is nearby as well.
Purchase order to New World Systems for financial system annual software support and maintenance agreement for FY 2015 (not to exceed $70,000). The software provides monthly reporting and workflow routing for approvals of accounts payable invoices, accounts receivable, purchases, etc. The software allows city staff across departments to track the budget from the beginning of the budget planning process through the approval of the new budget.
Purchase order with SEHI Computers for FY 2015 PC replacement program ($55,765). The staff memo accompanying this item notes that SEHI was selected as the lowest responsible bidder for pricing, technology, use of green technologies, power management technologies and ability to meet required bid specifications. But there’s not an indication of how many PCs are to be replaced under the program.
Purchase order to BS&A Software for annual software maintenance and support agreement for FY 2015 ($26,000). This system is used for tax and assessment as well as the online hosting of tax and assessing data.

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Request for Jesuit Home To Be Reconsidered

Mary Morgan — Sun, 15 Jun 2014 00:46:35 +0000

Ann Arbor planning commission meeting (June 3, 2014): A controversial request to allow up to six Jesuits to live together at 1919 Wayne St. did not secure sufficient votes for approval from Ann Arbor planning commissioners at their June 3 meeting. A vote by commissioners came after about an hour of public commentary and two hours of deliberations.

Dan Reim, one of the Jesuits who hopes to live at 1919 Wayne St. (Photos by the writer.)

However, at the end of the meeting – near midnight, long after supporters and opponents of the proposal had left – commissioners voted to reconsider the item, and then subsequently voted to postpone action until their next meeting on June 17.

The request – by the Ann Arbor Jesuit Community, formally known as the USA Midwest Province of the Society of Jesus – is for a special exception use to allow a “functional family” to live in a house zoned R1C (single-family dwelling). Without the special exception use, only up to four unrelated people could live there.

The code that allows this special exception use was adopted by Ann Arbor in 1991. Although the city’s ordinance has allowed for a “functional family” designation for more than two decades, this is the first time any group has requested it. The members are affiliated with the St. Mary Student Parish.

Approval required six votes, but the request initially garnered support from only five of the seven commissioners who were present. Voting against it were Diane Giannola and Kirk Westphal. Two commissioners – Sabra Briere and Paras Parekh – were absent. An attempt earlier in the meeting to postpone the vote had failed, with a majority of commissioners wanting to take action that night, apparently assuming it would pass. The final vote to postpone – taken after all other agenda items were dispatched – was 6-1, over dissent from Giannola. The planning commission has discretion to grant a special exception use, which does not require additional city council approval.

During the proposal’s public hearing, 21 people spoke – the majority of them opposed to the request, including representatives from the Oxbridge Neighborhood Association and the North Burns Park Association. Concerns included the possibility of lower property values, the chance of opening the door to student housing or cults, instability of the household because members aren’t related, and “gender housing discrimination.”

Some people directed criticism against the power, privilege and abuse of the Catholic church. Other praised the Jesuits, saying their concerns were strictly related to the zoning code, which they didn’t feel permitted this type of living arrangement in the R1C district. They suggested that the Jesuits could live in other districts – like R4C – that would allow for up to six unrelated people to live together without getting a special exception use.

Three Jesuits who plan to live there – including Ben Hawley, pastor and director of campus ministry for the St. Mary Student Parish – attended the meeting. Rev. Daniel Reim, who serves as the head of household, apologized for the controversy that this request has caused. The group currently lives in a smaller house on Ferdon, which they said they’ve outgrown. Some supporters of the request noted how the men are good neighbors on Ferdon. The former owner of that house pointed out that nearby properties he’s built or renovated had sold for over $1 million, describing the argument about hurting property values as “silly.”

The public hearing will be re-opened on June 17, to allow for additional public input. The Jesuits are encouraging supporters to attend. On June 9, Reim sent an email suggesting specific ways that people can lobby commissioners and the city council.

In voting against the request, Giannola said she didn’t think the Jesuits fit the description of a “functional family.” Westphal said he wanted to get more information from the city attorney’s office about the risk of setting a precedent, and whether there could be conditions on the special exception use that would address concerns about the turnover of residents. Planning staff reported that the city attorney’s office had already vetted the item, but they would make additional queries based on commissioners’ feedback.

There was some question about whether a delay would affect the sales contract that the Jesuits have with the current owner, who also attended the June 3 meeting. The property is listed for sale at $795,000.

In taking up the issue on June 17, one additional wrinkle might be the composition of the commission at that meeting. Two commissioners who supported the request – Jeremy Peters and Eleanore Adenekan – indicated that they would be absent, and another supporter, Ken Clein, said he might also be unable to attend. So it’s possible that there will only be six commissioners at that meeting. That would mean all six commissioners would need to vote yes in order for the request to win approval.

The property is located in Ward 2. One of the Ward 2 city councilmembers, Jane Lumm, attended the planning commission meeting, but did not formally address the commission. Westphal – the planning commission’s chair – is running for city council in the Ward 2 Democratic primary. Westphal and Nancy Kaplan are vying to fill the open seat that’s being left by Sally Petersen’s mayoral candidacy.

In other action on June 3 – a meeting that lasted over five hours – commissioners postponed a rezoning and site plan request from the Ann Arbor housing commission for a property on North Maple, part of a major overhaul of the city’s public housing sites. The project would demolish the single family homes at North Maple Estates, and build apartments that would roughly double the density of low-income housing there. Some neighbors raised concerns about the proposal, which is on the commission’s June 17 agenda for consideration.

Other items on the June 3 agenda were dispatched with little discussion: (1) a site plan for Dusty’s Collision on South Industrial; (2) an expansion at the Rudolf Steiner High School on Pontiac Trail; and (3) a rezoning and area plan request to develop property on Research Park Drive, including an indoor-outdoor tennis facility.

Jesuit Home on Wayne Street

Planning commissioners were asked to consider a request that would allow up to six Jesuits to live together at 1919 Wayne St.

Aerial view of 1919 Wayne St.

The code that allows this special exception use was adopted in 1991. Before that time, most communities didn’t provide for an alternative family living arrangement in their zoning codes. In 1984, the Michigan Supreme Court determined that some provision for a living arrangement other than a traditional biological family was needed. That ruling came in the case of Delta Charter Township v. Dinolfo.

Ann Arbor adopted language that is similar to ordinances in many communities in Michigan. A group must meet all requirements in the zoning ordinance as well as in the special exception use conditions in order to be considered a “functional family.” A “functional family,” for purposes of the city’s zoning code, is defined as follows: “a group of people plus their offspring, having a relationship which is functionally equivalent to a family. The relationship must be of a permanent and distinct character with a demonstrable and recognizable bond characteristic of a cohesive unit.” The city code states that a functional family is not a social society, club, fraternity or sorority, association, lodge, organization, group of students or other unrelated persons living together temporarily.

The permit must apply only to the functional family “type” that obtains the permit – in this case, the Ann Arbor Jesuit Community. It is limited to the number of people specified in the permit, and there must be a contact person identified as head of household. This special exception use would be limited to up to six people, with Rev. Dan Reim acting as head of household.

Although the city’s ordinance has allowed for a “functional family” designation since 1991, this is the first time any group has requested it. The residents would be members of the religious order at St. Mary’s Student Parish, or pursuing degrees at the University of Michigan or other local institutions.

The group’s application describes how the Jesuits live as a “functional family.” The statement reads, in part:

As a functional family, we refer to one another, when speaking of each other collectively, as “brothers.” Our unity is based upon our religious commitment to live together as a religious family. As brothers related to one another by our common vows and commitment to service in the Church, we are, like a family, one another’s primary support system.

…

The basis of our living as a household is not temporary or dependent on the University school year or any such seasonal arrangement or pattern, as a fraternity or sorority would typically be. Jesuits living in structured households under a superior has been an integral part of the religious order for centuries, and the Jesuits who will live at 1919 Wayne will be participating in that centuries old tradition.

In addition to meeting the “functional family” requirement, this special exception use must meet with certain standards, including compatibility with the zoning district and adjacent districts. The use must also not generate an intensity that would be hazardous or inconvenient to the neighborhood, or conflict with normal traffic.

Wayne Street is located on the city’s near east side, between Washtenaw Avenue and Vinewood Boulevard, in Ward 2.

No exterior changes are planned to the structure of the house, which has about 4,000 square feet with seven bedrooms and two bathrooms. The Jesuits indicated that they’d like to reconfigure the interior to use one of the bedrooms as a guest room and to add two bathrooms.

The special exception use would be contingent on providing off-street parking spaces for each vehicle used by the residents. There are two spaces in the garage and two tandem parking spaces in the driveway. They also have received permission to park two vehicles at the lot for the First Church of Christ, Scientist, which is adjacent to the site.

In giving her staff report, city planner Alexis DiLeo pointed out that a range of questions raised by nearby residents are addressed in the staff report. [.pdf of staff memo]

The planning commission has discretion to grant a special exception use, which does not require additional city council approval.

Jesuit Home on Wayne Street: Public Hearing

A public hearing drew 21 speakers and lasted about 45 minutes. Several speakers also wrote letters, which were included in the meeting packet. Here are some highlights.

Dan Reim introduced himself as one of the Jesuits who’s applying for the special exception use. He apologized to neighbors for the concerns that this has raised and the tensions that exist. He had hoped to attend the May 13 Oxbridge Neighborhood Association meeting to relieve these concerns. There’s a lot of misinformation and misunderstanding, he said. Reim identified several claims that neighbors have made, such as a negative impact on resale value of nearby homes, and the use of this house for UM Jesuit students. “These statements are not correct,” Reim said. “This is not student housing.”

In the foreground is Dennis Dillon, a pastoral associate at St. Mary Student Parish. Next to him is Ben Hawley, pastor and director of campus ministry. Both men would be among the Jesuits living at 1919 Wayne St.

In addition to Reim, other residents at the house would include Ben Hawley, pastor and director of campus ministry for the St. Mary Student Parish, and Dennis Dillon, a pastoral associate. In August, two new Jesuit priests would be arriving, both of them 33 years old. One of them will be starting a doctoral program at UM’s School of Public Health, and would be the only student in the house, Reim said. At this time, only five Jesuits are planning to live at the house. If a sixth person were to come, he would not be a student but would work at the parish, Reim said.

Reim talked about how the group would be like a family, sharing income and expenses. This would be their full-time residence. Chores, meals, recreation and prayers are shared. The head of household is the designated patient advocate, he noted. As religious brothers, they serve as each other’s primary support system. They’ve loved living in their current home on Ferdon, Reim said, where he’s lived for 10 years. But now they need a new home to accommodate more brothers. They’ll do everything they can to be good neighbors, he concluded.

Peter Nagourney told commissioners he’s co-chair of the North Burns Park Association. He was concerned about the precedent that would be set, and he didn’t believe the planning staff’s justification for granting a special exception use was valid. He highlighted a response from the Jesuits that stated the residents “will generally be members of the religious order that serve at St. Mary’s Student Parish…and/or will be pursuing degrees at the University of Michigan or other local institutions.” The term “generally” is non-specific, he said.

What’s more, the residents will be non-permanent, he added, because some residents will be students or interns, who’ll leave after they finish their studies. The occupants will continually change, Nagourney said. He also was concerned because the city doesn’t enforce its ordinances. In addition, he worried that this would set a precedent for other groups to claim similar status, which could in turn hurt property values. A charismatic leader with five followers, a cult or a commune could qualify, he said. So the city is “about to open the doors wide” to any number of other household types in residential neighborhoods. He urged commissioners to reject this request.

Scott Munzel is the attorney representing the Oxbridge Neighborhood Association to oppose the application. [.pdf of Munzel letter] Clearly the applicant is not a functional family, he said. The name of the organization includes the word “society,” he said, and a society is explicitly excluded from the city’s definition of a functional family. The Jesuits take vows, Munzel noted, but those vows are not directed to each other – they’re directed to the church. As an “ironic detour,” he joked, many families actually don’t operate in the way that the Jesuits describe. “Many families operate like a failed autocracy, subject to coup at any moment.”

Peter Nagourney, Scott Munzel and Eppie Potts all spoke against granting the special exception use request for 1919 Wayne St.

Even if the Jesuits were a functional family, Munzel continued, they’d fail to meet the standards of a special exception use, which include protecting the residential fabric of the neighborhoods and maintaining property values. He noted that other residential zoning districts – such as R4C – do allow for six unrelated residents in a home. There are thousands of structures in R4C districts, he said. Munzel also indicated his view that the decision about granting a special exception use is the purview of the zoning board of appeals

Liz Kamali lives in the Oxbridge neighborhood and supported the project. [.pdf of Kamali letter] She noted that her family had joined the Oxbridge Neighborhood Association soon after they moved into the area. But she had grave concerns about how ONA is handling this matter. She said the ONA board had violated its bylaws by not sending timely notice of a May 13 meeting, and it hadn’t been clear that the meeting would include a vote about hiring an attorney. There’s been a lack of communication between ONA and its members, she said. Specifically, the board didn’t notify all members that it was spending members’ money to hire an attorney to oppose the Jesuits’ request, which might not represent the prevailing sentiment in the neighborhood, she said. Kamali urged commissioners to grant the special exception use.

Prudence Heikkinen, who lives across from 1919 Wayne Street, said the proposed owners seem to be kind and good men, who would take responsible care of the home. But that’s not the basis on which the commission should make its decision. She’s lived there for 38 years, and said she’d focus her concern on parking. It’s already constrained, especially for overnight parking. The Jesuits state that they’ll park two cars in the driveway, but in the time she’s lived across the street, none of the other six previous owners of 1919 Wayne has consistently used the driveway. “It is simply too narrow and too crooked to do so,” she said. The addition of six cars to the neighborhood would diminish the enjoyment of her home, Heikkinen said.

Fran Youssef pointed out that a previous speaker, Liz Kamali, is a member of the St. Mary Student Parish, and said Kamali’s comments should be viewed in that light. Youssef said the ONA doesn’t function like Congress, so the fact that people weren’t notified according to the bylaws doesn’t mean the association was trying to pull the wool over anyone’s eyes. She said she has two young children and it’s a very safe neighborhood. “I worry that with six adult males with cars and friends, the comings and goings, that it won’t be safe.” She also raised concerns about setting a precedent, saying it will affect the quality of life and resale value of homes there.

Gwen Nystuen and Ellen Ramsburgh (foreground) spoke against granting the special exception use.

Youssef said the men would be wonderful neighbors, but she doesn’t want to open a door to other religious groups. Regarding parking, she said the city doesn’t enforce parking regulations. “I’m a religious person – I’m not going to call the cops on these priests!” It’s not an appropriate neighborhood for them, she concluded. “I think there are many other places that would welcome you with open arms, and in any other circumstances, I’m sure we’d be friends and colleagues.”

Gwen Nystuen also spoke against granting the special exception use. [.pdf of Nystuen letter] A family is usually considered to be a group that owes their first allegiance to each other and that expect to be together permanently, she said. The six people who’d be living in the house at 1919 Wayne wouldn’t all stay there permanently, she said. This arrangement actually sounds like a co-op, she added.

The next speaker was Eppie Potts, who read aloud a definition of an association: “an organized body of people who have some interest, activity or purpose in common.” This is what the Jesuits are, she said, and associations can’t be granted a special exception use. If it’s approved, it sends a warning to everyone who lives in R1 districts that they might be seeing associations moving into their neighborhoods too, she said. The planning commission’s job is to uphold the city’s zoning ordinance. It’s the zoning board of appeals that interprets the ordinance, she contended.

Susan Davenport-Geer said as she tried to leave her office, a drunk, aggressive man blocked her way. This happens regularly, she added, “since a homeless shelter was foisted on a residential community by this very process and body, I believe. It’s an ugly and shameful piece of our history, and I know a lot about how it really came down.” The homeless shelter [at 312 W. Huron] resulted from money, power and privilege, she said. She told commissioners that she’s ashamed to live in a community whose elected and appointed officials would even consider this matter.

She had particular concerns about this specific special exception use. The Catholic church has enjoyed some of the longest and most expensive protection in history, she said. The question is whether Ann Arbor will hold accountable a vastly powerful, wealthy and privileged business – the Catholic church – “that has perpetrated violence throughout its long history on women and children and men,” she said. “Economic violence, political, cultural, gender, sexual violence, to name just a few of its methods.” She wanted to know what planning commissioners are going to do about this. If they don’t reject the request, they’ll be making possible the continuation of these abuses, she said.

Michael Clark lives next to 1919 Wayne, and opposes the special exception use.

Michael Clark, whose property abuts the northern border of 1919 Wayne, highlighted some of the points he’d made in a letter to commissioners. [.pdf of Clark letter] He agreed with previous speaker who opposed the request, especially as it relates to inconsistencies with the city’s master plan. He noted that the proposed owner of the property – USA Midwest Province of the Society of Jesus, Saint Ignatius Trust – is based in Chicago. “They have no ties to this neighborhood,” he said. “They transfer people in and out of Ann Arbor as they see fit.” The city has no way to monitor the number of people living there, or the temporary nature of their residency, he said.

Regarding property values, Clark said that several real estate professionals and attorneys have told residents that it would negatively affect property values. “Some recent studies have shown that property values are affected by as much as 24% when inconsistent groups have moved into the neighborhood,” he said. Clark urged commissioners to reject the request.

Marie Quinlan supported the request, saying she’s known the Jesuits for 10 years as a member of the St. Mary Student Parish. She was surprised to learn about the opposition to this request. Quinlan described how she got to know the priests when she and her son were on a walk and saw Father Dan Reim watering his yard on Ferdon. The Jesuits’ home looks just like other homes in that neighborhood. It’s a blessing to know them and share a neighborhood with them, she said. Quinlan noted that previous speakers had expressed anger at how the Catholic church handled the sexual abuse of children by priests. “Believe me, I share that anger, and I know that the Jesuits are equally appalled. But no amount of anger can justify punishing those who have not and would never commit such crimes,” she said. It would be discriminatory and unfair, Quinlan added, saying “I ask that you not make a determination based on fear.”

Karla Goldman reported that the current owners of 1919 Wayne usually had three cars parked on the street, and there were no parking problems with that. If the adjacent church parking lot is available, she didn’t think there would be an impact on street parking. She said she’s not a member of the Catholic church, but she knows about the contribution that the parish makes to this community. She supported the Jesuits’ request.

Carl Babock told commissioners that he’s a builder in town, and had sold the house on Ferdon to the Jesuits 10 years ago. He listed several other homes in the neighborhood that he’s renovated and sold. After he sold the home to the Jesuits, he sold nearby homes on Baldwin for about $1.2 million each. He thought it was a silly argument to say that property values would decline. He said he knows the Jesuits personally, calling them a group of wonderful people. He thought they would be a wonderful addition to the Oxbridge neighborhood.

Elizabeth Shadigian lives across from 1919 Wayne and opposes the special exception use.

Elizabeth Shadigian, who also submitted a letter to the planning commission, has lived at 1916 Wayne Street for 20 years, across the street from 1919 Wayne. [.pdf of Shadigian letter] She told commissioners that she loves her neighborhood and is Catholic, but she’s firmly against the request. Granting the special exception use would be the equivalent of gender housing discrimination, she said. If the owners wanted to sell the house to people who met the requirements for a special exception use but who discriminated against Germans or against black people or against blind people or LGBT people, she and her husband would be opposed to it. So if the owners want to sell to people who discriminate against women, she and many of her colleagues are also opposed to that, Shadigian said. How can Ann Arbor, which appreciates diversity and civil rights, allow discrimination against women? Gender discrimination is in the Catholic church, in the Society of Jesus, “and it’s right here in front of you,” she said. She urged commissioners to talk to the city’s attorneys and look at the request in more detail than they have so far.

David Emerson said he didn’t think the issue was about ideology in any way. It’s about zoning laws, why they were instituted, and why they should be upheld. He thinks “these are probably fine gentlemen,” but they are not family and are not permanent. They call themselves brothers, Emerson said, but so do all the fraternities. Many of the supporters of the request are affiliated with the church, he noted, which he thought should raise questions about whether they’re biased.

Ann Shields lives close to 1919 Wayne, but said her concerns go beyond just this neighborhood. It’s difficult to understand why the Jesuits qualify as a functional family, she said, because it’s not a permanent arrangement. This isn’t a personal issue, she said, but the Jesuits aren’t a family for the purposes of getting a special exception use – and that’s what she encouraged commissioners to consider. If they approve this request, it could open the door for many other groups to make similar requests and establish group living situations in single-family residential area, which would change the character of those neighborhoods.

Andrea Van Houweling said she knew Jesuits would be wonderful neighbors, but they are a society – and the city’s zoning code states that a functional family can’t be a society, she noted. The Jesuits are saying that they aren’t a social society, she added, but they are a society. If the city approves this request, then why wouldn’t a fraternity be able to get a special exception use? She’s concerned that the zoning code won’t be enforced. [.pdf of Van Houweling letter]

Cevin Taylor, an attorney representing the Jesuits who are seeking a special exception use to live at 1919 Wayne Street.

Masoud Kamali noted that he is married to a previous speaker, Elizabeth Kamali, and he also supported the request. Not everyone who supports it is Catholic, he added – he was born Muslim, and isn’t Catholic. He said he’s from Iran, describing it as a country that’s portrayed negatively by many. He’s very aware of being discriminated against because of association.

The attorney representing the Jesuits, Cevin Taylor, added verbal remarks to supplement the letter he submitted to the commission. [.pdf of Taylor letter] He thanked the planning staff for the professional way that they’ve handled this process. He and the Jesuits have heard the neighbors’ concerns and will do their best to take those concerns into account. He noted that many issues have been raised, but the planning commission’s task is to determine if the request meets the zoning code requirements. The code states that the requirements must be “substantially” met, he noted, so there’s some leeway.

Taylor also argued that a functional family shouldn’t be held to a higher standard than a biological family. In a biological family, a father might need to move to another city for a year for work reasons, Taylor said. Death, divorce, remarriage, the birth or adoption of children – all of these changes might happen in a traditional family. Regarding the word “society” in the “Society of Jesus,” the zoning ordinance doesn’t exclude any entity that has a legal name using that word, he said. Regarding the word “generally” that was used in the Jesuits’ request, Taylor said he takes blame for that. The application states that residents “will generally be members of the religious order that serve at St. Mary’s Student Parish…and/or will be pursuing degrees at the University of Michigan or other local institutions.” He said they will all be members of the order – one student, with the others serving at the parish. He concluded by asking commissioners to approve the application.

The final speaker was Ellen Ramsburgh, who serves on the city’s historic district commission. She said the objection isn’t to who is applying. Rather, it’s that the request would be granted to a group that is not a functional family. The group could find housing in several other zoning districts, she noted. The planning staff’s description of the Jesuits’ living arrangement also describes any of the co-ops that are run by the Inter-Cooperative Council, she said. Those are located in districts that allow this type of living arrangement. She also noted that the relationship among members of the Jesuits’ house is impermanent and subject to assignments from the head of the Society of Jesus. The bond is not to the family unit, but to the organization. Within a biological family, there are usually contractual or legal agreements, she added, like a marriage certificate. Those contractual agreements don’t exist in the case of the Jesuits, she concluded.

Jesuit Home on Wayne Street: Commission Discussion

Planning commission chair Kirk Westphal began the discussion by thanking speakers who commented during the public hearing, saying that commissioners depend greatly on their input. However, he added, the commission’s purpose is to look at petitions as they relate to city code.

The initial discussion lasted more than an hour, followed by a vote. At the end of the meeting – around midnight – commissioners took up the issue again, and ultimately postponed action.

This report summarizes and organizes the deliberations thematically.

Jesuit Home on Wayne Street: Commission Discussion – Legal Issues

Responding to a query from Kirk Westphal, planning manager Wendy Rampson explained that she’d been involved in developing the city code related to the “functional family” designation. The case of Delta Charter Township v. Dinolfo resulted from a violation of the township’s limit on the number of unrelated individuals who could live in a house. The Delta case involved a family plus six unrelated individuals of a religious organization who challenged that zoning limitation, Rampson explained. Ultimately, the Michigan Supreme Court heard the case and ruled that all communities must make accommodations for non-traditional families.

Planning commissioner Ken Clein.

The term used to refer to these kinds of situations was “functional family,” she said. That term was adopted as part of the city of Ann Arbor’s code, as well as for other municipalities nationwide. In the mid-1990s, the city of Ann Arbor’s code was challenged in a case that went to the state court of appeals, which upheld the city code, she said. But there have not been any formal applications for the functional family designation until this one, she said. It was adopted into city code in 1991.

Ken Clein quipped that if it’s been almost 25 years with only one request, “there’s not a mad rush at this point.”

Jeremy Peters asked if granting this special exception use would set any kind of legal precedent for future, if other groups – religious or not – want to apply. City planner Alexis DiLeo replied that she didn’t think so. Each petitioner would have to state their case to the planning commission, she added. By their nature, special exception uses aren’t appropriate everywhere.

Jesuit Home on Wayne Street: Commission Discussion – Functional Family

Diane Giannola asked if the request was for six specific individuals, or for any Jesuit. Alexis DiLeo replied that it would allow any member of the USA Midwest Province of the Society of Jesus to live at that location. Giannola wondered if there was any stipulation about requiring members to live there for a certain period. There’s no durational requirement, DiLeo said.

DiLeo also clarified for Giannola that the special exception use (SEU) is attached to the address, not to the property owner. If the SEU is granted, it would apply as long as the residents meet the criteria of the SEU – for example, as long as the residents are Jesuits. The SEU lapses after two years, if its requirements aren’t met.

Giannola wondered how this would be different from a fraternity or sorority. DiLeo cautioned that she wasn’t as familiar with fraternities or sororities, but her understanding is that members reside in a house for one to four or five years while in school. They don’t make medical decisions for each other, or pool their income, or share their material possessions. If something happens, they’d probably call their parents, she said. DiLeo said her assumption is that co-housing works in a similar way. An SEU is made on a case-by-case basis, she noted.

Planning commissioner Diane Giannola.

Jeremy Peters asked how this functional family designation might apply to a same-sex couple with more than two adopted kids, who under Michigan law might be technically unrelated. DiLeo said it would likely be a strong case for the functional family designation. If people like that apply, their request would be evaluated based on the ties that bind them together, she said.

Ken Clein asked whether the city attorney’s office was in agreement with the planning staff’s assessment of the functional family designation in this case. DiLeo said the planning staff as a whole discussed it, and discussed it with the city attorney’s office. The city attorney’s staff knows that planning staff is recommending approval of the SEU, “and did not find any reason to object or advise us otherwise,” she said.

Clein clarified again that if the Jesuits moved out of that house, the SEU would no longer apply and any other group would have to seek a new SEU. Yes, DiLeo said – if a different family type moved in that needed an SEU, then they would have to apply for it. The SEU doesn’t transfer to a different address or to a different family type.

Bonnie Bona pointed out that if an individual member of the Jesuit community purchased the house from the Society of Jesus, the SEU would remain in effect. DiLeo again noted that the SEU is not tied to the owner – it’s tied to the family type that’s granted the SEU.

Bona also wanted to know what options were available for six unrelated people to live, regardless of whether they were considered a functional family. DiLeo replied that the options would be to live in residences located in any R4 zoning district or in the downtown districts, zoned D1 or D2.

The city code has three residential occupancy options, DiLeo explained: (1) the functional family designation; (2) a traditional family of any size; or (3) four unrelated residents, or up to six residents in R4 districts. If there are seven unrelated residents, their only option is to seek a functional family designation, she said.

DiLeo noted that these “residential occupancy” options – outlined in Chapter 55, Section 7 of the city code – do not apply to “rooming or boarding houses, fraternity or sorority houses, student cooperatives, emergency shelters, or convalescent homes.” Those types of arrangements are allowed as special exception uses in the R2B and R4 districts.

Kirk Westphal cautioned against using the rationale that there are other places the Jesuits could live as a reason for making the planning commission’s decision.

Eleanore Adenekan asked about the word “society” in the group’s name. When the planning staff and city attorney’s office reviewed this application, what did they think about that word, given that a functional family can’t be a “social society.” DiLeo replied that the Society of Jesus is a religious order.

Planning commissioner Eleanore Adenekan.

Peters asked about the Jesuits’ commitment to each other, outside of their commitment to the religious order. Dan Reim, who would be the head of household, said there’s a long training period, when they learn a particular spirituality within the Catholic church. It focuses how they live their life, and what their mission is. All of that they share in common, he said, and their religion is lived out on a daily basis through their life together. They take vows of poverty, he said – that’s why they don’t own their own cars or homes. All salaries come into a common pot, he said, and expenses are shared.

Bona thanked them for coming forward, and for facing some harsh criticism. “I think we would all feel unfairly treated if we became suddenly responsible for every one of our distant relatives’ mistakes,” she said, referring to criticism of the Catholic church.

Bona noted that all families face conflicts, and wondered how the Jesuits dealt with that. Communication is key, Reim replied. They are focused on helping improve people’s lives. From a faith perspective, “we believe that’s through our encounter with Christ,” he said. By sharing and practicing their faith together, talking to each other and praying together, that works pretty well. He said they struggle like everyone else.

Bona said she was trying to get at the issue of family and permanence. In a co-op, if you didn’t get along with others, you could just move out. Reim replied that the Jesuits take a vow of obedience to the next-highest person in the religious order. That person is responsible for assigning you to wherever you might go. That vow means they don’t get to choose where they go or what they do, Reim explained. You have the option of leaving the order, he added, but he thought their vows encourage them to work harder on sorting things out.

Adenekan asked about their daily routine. Reim said they work morning until evening, with their most intense work at the parish occurring on weekends. Each person is assigned a day off during the week. There are other Jesuits who might visit them and stay at the house for short periods. Biological family members might also visit, he said.

Adenekan clarified with Reim that if one Jesuit brother moves out, another brother would come to take a similar role within the household. She likened it to a divorce and remarriage within a traditional household. In response to another query, Reim said he’s the official patient advocate for Ben Hawley, and Hawley is the patient advocate for Reim. That’s an important distinction between the Jesuits and a co-op housing arrangement, he said. Regarding the pooling of resources, when purchases need to be made, the brothers discuss it and reach a consensus, he said.

Adenekan wondered if the graduate student who’d be living there would be moving on after his studies. Reim said the student might move, or might stay and continue working at the parish. If the student moves, another student might come, he added – depending on if there’s a Jesuit who gets accepted into a university graduate program. Or another Jesuit who’s doing ministry at the parish might live there. In general, there won’t be more than six Jesuits living there, he said, and maybe less than five.

Jesuit Home on Wayne Street: Commission Discussion – Neighborhood Impact

Kirk Westphal asked staff to respond to concerns about the stability of the neighborhood and turnover.

City planner Alexis DiLeo.

Alexis DiLeo replied that the neighborhood is predominantly owner-occupied, single-family homes of traditional families. There aren’t many rental properties or student rentals. A family of any size or four unrelated people could live at 1919 Wayne without a special exception use. There would be no requirements about the type of unrelated people who could live there – that is, residents could be four unrelated students. The city doesn’t regulate the number of cars that residents own, she noted, but there is a residential parking permit program in that neighborhood. Any household is entitled to a total of five permits.

Responding to a query from Westphal, DiLeo said the functional family designation falls under the residential occupancy section of the zoning code. That section talks about types of family arrangements and number of people. It doesn’t talk about gender, age or other characteristics. Individual or family roles are not regulated for traditional biological families, she noted. So if a functional family designation is approved, there can be different types of individuals within that family.

Responding to a query from Westphal, DiLeo explained that the planning commission could add conditions to the special exception use. Those conditions might relate to the number of parking spaces, the number of people allowed to live there, or other issues, she said.

Jeremy Peters wondered if putting restrictions on residents – like student status, gender, or age – would violate federal fair housing laws. Planning manager Wendy Rampson indicated that the staff couldn’t answer that legal question on the fly. The point of a “functional family” designation was to allow for types of living arrangements that have traditionally been kept out of single-family neighborhoods, she said. Peters noted that density would increase only by two people, compared to the four unrelated people that would be allowed to live there otherwise.

Wendy Woods asked about the issue of property values. DiLeo suggested that residents could contact a realtor or property appraiser to ask about property values. The city code does speak to the need to preserve property values, she said. But as a functional family, in the eyes of the city they would be a single-family household. She’s certain that there are six-person traditional, biological families in that neighborhood, so she didn’t think it was an unreasonable size. Other special exception uses allowed in that neighborhood are churches and childcare centers. Types of uses that are considered inappropriate for single-family neighborhoods include restaurants or a home business that’s out of character with the neighborhood.

Given the location, DiLeo didn’t think a six-person “functional family” household was out of character with the neighborhood.

Westphal asked about the experience of other communities with this type of designation, and how it worked. DiLeo didn’t have information about specific experiences, but said she’d surveyed other communities’ code. Some have definitions that are almost identical to Ann Arbor’s, while others include the phrase “religious order” explicitly as a type of functional family.

Jesuit Home on Wayne Street: Commission Discussion – Parking

Kirk Westphal raised the possibility of requiring that more than two of the six cars should be parked at the adjacent church lot. Alexis DiLeo said she took the Jesuits at their word when they said they would be parking two cars in the garage and two cars in the driveway. The cars aren’t assigned to specific individuals, she noted – keys are kept in a bowl, and the person who needs to leave takes the first car at the end of the driveway. She said they indicated that they drive smaller vehicles.

Planning commissioner Jeremy Peters.

Ken Clein noted that the Jesuits have lived on Ferdon for about 10 years. He wondered if the city had any complaints about parking at that location. Dan Reim, the head of household for the Jesuits, said they’ve have no complaints. He noted that the homeowner next to them asked that they not park in front of that home, and they’ve complied with that.

Eleanore Adenekan confirmed that because of the system the Jesuits use – not owning individual cars – they don’t have to deal with moving cars. They just take the one that’s most convenient to use. She asked if there would be any meetings there, or gatherings for ministry. No, Reim replied.

Jeremy Peters asked why the Jesuits had chosen this house, rather than a house located in areas that wouldn’t require a special exception use. Reim said they like their current house on Ferdon and wouldn’t leave, but it has only four bedrooms and a small guest room. They’ve outgrown it. The house on Wayne fits their lifestyle, he said. There aren’t many seven-bedroom houses, he noted, and they’ve been looking for quite some time. The bedrooms are an appropriate size.

Reim again apologized, saying he had no idea it would become such a big issue and take up so much of people’s time.

Jesuit Home on Wayne Street: Commission Discussion – Zoning Board of Appeals

Jeremy Peters asked staff to clarify why the special exception use request was being handled by the planning commission, not the zoning board of appeals. He noted that the question had been raised during the public hearing.

Alexis DiLeo replied that the city code is clear – the planning commission is the entity that determines whether a group is a functional family, and also is the entity that approves special exception uses.

Bonnie Bona asked if the ZBA has any role to play if the planning commission rejects this request. Wendy Rampson said the next step would be for someone to take the issue to circuit court. There’s been some case law in Michigan that encourages all administrative remedies to be pursued before taking it to court, she said. Some courts have held that to mean taking the issue to the ZBA, even though the ZBA has no jurisdiction. Rampson said she couldn’t say definitively that the issue couldn’t be brought to the ZBA, but in the normal course of action the next step would be circuit court.

Jesuit Home on Wayne Street: Commission Discussion – Enforcement

Bonnie Bona asked planning staff to explain what should be done if someone is violating the city code. Wendy Rampson confirmed that enforcement is complaint-driven. It’s very difficult in court to prove over-occupancy, because it’s the city’s word against that of the residents, she said. Enforcement for over-occupancy primarily takes place through the city’s rental housing inspection program. She’s heard there’s a concern about over-occupancy at the Vitosha Guest Haus Inn – saying that it might be that neighbors have contacted community standards about parking but planning staff haven’t been contacted about zoning issues there.

The approach would be to meet with the property owner and give them time to make corrections, she said. If they don’t, the city can write tickets for civil infractions – but then it’s up to the court. So the staff has tools, she said, but they’re not the easiest tools to administer.

Jesuit Home on Wayne Street: Commission Discussion – Conclusions

Diane Giannola said that this arrangement doesn’t seem like a functional family to her. It’s more of a cross between a fraternity and co-op. Members of fraternities and sororities have bonds for life, she said – they feel like family, but live in a larger group housing. A co-op lives more like a family, but it’s more temporary, she said. Because the special exception use applies to an entire religious group – and not six specific individuals – Giannola couldn’t think of it as a functional family.

Planning manager Wendy Rampson.

She could see awarding the group a special exception use if there were no place else in the city. But many other zoning districts allow for six unrelated people to live.

Planning manager Wendy Rampson clarified that the code refers to functional family types, not individuals. It was clear when consulting with the city attorney’s office that the code does not require specific individuals to be designated a functional family. Giannola said there’s too much transiency, because in this case the SEU would apply to an entire religious order.

Kirk Westphal asked if there would be any way to put legal requirements on the term of residency, to regulate the transiency. Alexis DiLeo said she hadn’t seen any examples of that in other communities, and she’d need to consult with the city attorney’s office. Rampson added that it’s a very difficult question, and the federal fair housing and civil rights laws might play into it. The planning staff hadn’t explored this particular issue in depth, and they couldn’t provide an answer that evening.

Ken Clein said he respectfully disagreed with Giannola. It seems that the commission is bordering on holding the Jesuits to a higher standard than a six-member traditional family. It could quickly lead to a sense of discriminating against people like this, he said. In traditional families, there are divorces, and people leave home. To say that a traditional family is permanent might be overstated, he thought. This request meets his understanding of a functional family designation.

Regarding impact on the neighborhood, Clein didn’t think there’s any solid evidence that property values would be negatively impacted. The church next to the house probably has more impact than this group would. It’s important to handle the parking so that it won’t impact other residents, but he didn’t think it would be detrimental to the neighborhood.

Eleanore Adenekan agreed with Clein. As a realtor, she evaluates houses based on the condition of the house and the neighborhood, not on who lives there or how long they’ve lived there. Her daughter previously lived in that neighborhood, she said, and it’s a residential, family-friendly area. These Jesuits aren’t teenagers, she added. They know how to maintain a home, and she’s supporting their request. She said she’s listened to concerns and has empathy for that, but noted that the Jesuits are committed. Their vows won’t result in a transient lifestyle, she said. She reported that her son attended a Jesuit school in New York City, so she’s familiar with that order.

Planning commissioner Wendy Woods.

Wendy Woods also was supportive of the request, saying it met the definition of a functional family. The main difference is that for the Jesuits, there will be a cap on the number of people living there. A traditional family doesn’t have that same constraint. She hoped that if it was approved, there would be community healing. There were some unfortunate comments during the public hearing, she noted. Woods also noted that there had been some concern about students living there, but she cautioned against making generalizations about students.

Bonnie Bona said she’d been through the same “mental gyrations” that other commissioners have gone through, taking all the comments to heart. Her view is that the definition of functional family is the Ann Arbor Jesuit community, which is listed as the family type on the SEU resolution. Like a traditional family, members will come and go. She didn’t share Giannola’s concern. Bona felt very comfortable with the group of Jesuits, and with the idea that this SEU doesn’t set a precedent. Future requests will also be based on the city’s standards and criteria, not on precedent. She thought the Jesuits could be strong neighbors.

Westphal didn’t know if this would set a precedent if any other religious group came forward with a similar request. Legal documents like health care proxies give him comfort with this particular group functioning as a permanent unit, but is that something that other religious orders have? He said he was struggling with these issues, even though he was comfortable with this particular group.

Jesuit Home on Wayne Street: Commission Discussion – Initial Motion to Postpone

Kirk Westphal pointed out that this was the first time the commission had dealt with this functional family issue, and he wanted more time to research the experiences of other communities and to further consult with the city attorney’s office. He wanted to get more “comfort with making sure this fits everybody’s expectation with what we’ve agreed to hold ourselves to with the master plan and the stability of neighborhoods.” He said he felt ill-prepared to make a determination.

Kirk Westphal, chair of the planning commission.

Jeremy Peters observed that one of the main concerns is permanence. He didn’t know if language could be crafted in the SEU to deal with that, or if that would be exclusionary under federal fair housing laws.

Peters moved to postpone the item to get more information from the city attorney’s office with regard to possible restrictions on turnover of residents, and other legal issues.

Westphal asked staff how long it might take to have discussions with the city attorney’s office. “Years and years,” DiLeo quipped. [The city attorney's office generally has a reputation for taking a long time to deal with requests.] She said they could start the next day, and with the goal of bringing something forward at the commission’s June 17 meeting.

Bonnie Bona supported postponement, “so when we do vote, we’re all comfortable.”

Wendy Woods wondered what postponement would do to the Jesuits’ plans to buy the house. Dan Reim reported that the Jesuits have committed a certain amount of money, which they’d lose if they withdrew the offer or couldn’t move ahead with the deal. They have a sales contract on the house, which is listed at $795,000.

When asked to weigh in, the property’s current owner, Steffen Urbaniak, said he wasn’t going to make a decision on the spot that night. He wasn’t clear about the commission’s decision-making process, and wanted to take some time to consider what it means for him and his wife. They’d had this offer for quite some time, and are planning to move to China on July 1. They don’t have other offers at this time.

Woods pointed out that the commission’s decisions have consequences. She wasn’t in favor of postponing. Eleanore Adenekan also opposed postponement, though she noted that the sales contract could be extended if both parties agree.

Ken Clein also weighed in against postponing, noting that the city attorney’s office has already reviewed the information prepared by the planning staff and didn’t have any problem with it. He thought a postponement might be the equivalent of a vote against it, because it could possibly kill the real estate deal.

Steffen Urbaniak, current owner of 1919 Wayne St.

Clein clarified with planning staff that six votes would be required to pass the special exception use.

Bona said if it’s postponed, she’d like to see it at the next planning commission meeting on June 17.

DiLeo again stressed that the planning staff worked one-on-one with the city attorney’s office in crafting the language of the special exception use resolution. It’s very specific to this particular situation, and she noted that the resolution is significantly longer than most resolutions. “I don’t know how much more the city attorney’s office even has to offer, relative to precedent-setting,” she said. She added that she could work with the attorney’s office regarding what kind of additional conditions might be included, beyond the current resolution.

DiLeo said it would help if Westphal could clarify exactly what he’d like to see as conditions. “Going to the city attorney’s office with open-ended questions, you don’t get the level of specificity that I think you might be looking for,” she explained.

Westphal replied that he was interested in restrictions that might address the degree of turnover among residents. He also wanted time for the Jesuits to meet with the Oxbridge Neighborhood Association.

Peters said he opposed postponement. He explained that he had moved to postpone becuase Westphal, as chair, couldn’t make the motion. Peters had wanted Westphal’s concerns to be discussed.

Outcome on initial vote to postpone: It failed on a 3-4 vote, with support from Kirk Westphal, Diane Giannola and Bonnie Bona.

Jesuit Home on Wayne Street: Commission Discussion – Additional Comments

Wendy Woods noted that the decision on the special exception use does not require city council approval. She confirmed that there would also be no recourse to take this item to the zoning board of appeals.

Outcome on granting the special exception use: It needed six votes to pass, and failed on a 5-2 vote over dissent from Kirk Westphal and Diane Giannola.

Jesuit Home on Wayne Street: Reconsideration

At the end of the meeting around midnight, during the agenda item for commission proposed business, Jeremy Peters said it might be worth looking at the bylaws regarding special exception use – especially considering that not all members of the planning commission were present for the vote. [Sabra Briere and Paras Parekh were absent.]

Planning commission chair Kirk Westphal noted that the commission did have the ability to take up items for reconsideration. “I sensed there was some degree of surprise with the vote,” he said.

Diane Giannola pointed out at an item can only be brought back for reconsideration by someone who voted on the prevailing side. In this case, that meant only she or Westphal could bring it back.

Planning manager Wendy Rampson read from the relevant section of the commission’s bylaws:

Section 12. After a motion has been decided, any member voting with the prevailing side may move for reconsideration of the motion at the same or the next regular meeting. No motion may be reconsidered more than once.

Bonnie Bona said she likes the fact that planning commissioners tend to vote their conscience, rather than taking a straw vote or negotiating votes, which she said feels like a political process. So it’s appropriate that they voted, and then can reconsider it if that’s what is desired.

Westphal noted that it’s rare to have two commissioners absent. He indicated interest in reconsideration. Saying that it was late – about midnight – Giannola proposed waiting two weeks until the June 17 meeting. It could be reconsidered at that time.

Bona thought the commission should act sooner, or the Jesuits might lose their sales contract for the property. Giannola pointed out that four people could live there without a special exception use – just not more. Westphal noted that the whole point of buying the house was that it would accommodate more people.

There was some discussion about another section of their bylaws, regarding acting on agenda items after 11 p.m. From the bylaws:

Article VII: Section 2. No agenda item will be taken up by the Commission after 11:00 p.m., except by the consent of five (5) Commission members present. In those cases where agenda items are not completed, they will be put forward to the next regular meeting of the Commission and placed first on the agenda.

For the previous hour, commissioners had followed this rule for other items on their agenda. Wendy Rampson noted that their current discussion was not actually an item on the agenda, but Bona wanted to go through the process so that there’d be no question that the vote to reconsider was official.

Outcome: Commissioners voted unanimously to extend the meeting to consider this item.

Westphal asked Giannola if she wanted to make a motion to reconsider. She did not. So Westphal then moved to reconsider the special exception use item for the house on 1919 Wayne St. He said even though waiting two weeks might jeopardize the sales contract, it benefited the community to have a more thorough discussion.

Ken Clein then moved to postpone the reconsideration. Rampson pointed out that commissioners hadn’t yet voted on the motion to reconsider. Clein withdrew his motion.

Outcome: Commissioners passed the motion to reconsider, over dissent from Diane Giannola.

Rampson reported that her computer had just stopped working. It was about 12:10 a.m.

Planning commissioners Wendy Woods and Jeremy Peters.

Peters moved to postpone until the June 17 meeting.

Rampson said that the planning staff would notify people who attended the meeting about the commission’s decision. She asked if commissioners wanted to re-open the public hearing.

Giannola supported re-opening the public hearing, “since nobody’s here right now to see what we’re doing.” [Other than commissioners, planning staff and The Chronicle, no other people were at the meeting at this point.]

Westphal commented that it’s possible the planning commission would add conditions to the special exception use, which might change how some residents feel about it.

Bona also supported re-opening the public hearing. She asked Rampson to encourage the Jesuits and the Oxbridge Neighborhood Association to meet before the June 17 planning commission meeting, to try to address some of the residents’ concerns.

Westphal hoped to get some guidance from the city attorney’s office before June 17. Rampson said an updated staff report can be provided. It would be available online by the end of the day on Friday, June 13, as part of the June 17 meeting packet.

Westphal suggested that the Jesuits and neighborhood association could meet sometime after the updated staff report is available, but before June 17. Bona didn’t think that adding a bit of legal information would change the dynamic between the Jesuits and the neighbors. She cautioned against constraining when those groups should meet.

Woods agreed with Bona. She wondered if someone from the city attorney’s office could attend the June 17 meeting. Rampson said she’d ask, but typically the city attorney’s staff are reluctant weigh in at meetings, other than on questions of fact.

Westphal clarified with Rampson that a simple majority was required to pass a motion to postpone.

Outcome: On a 6-1 vote, commissioners postponed the item until June 17, over dissent from Diane Giannola.

Jesuit Home on Wayne Street: June 17 Meeting

After the vote, two commissioners who supported the request – Jeremy Peters and Eleanore Adenekan – indicated that they will be absent, and another supporter, Ken Clein, said he might also be unable to attend. So it’s possible that there will only be six commissioners at that meeting – which means all commissioners would need to vote yes in order for it to pass.

On Friday, June 13, the planning staff posted a revised staff report on this item, incorporating responses based on the June 3 discussion. The staff continues to recommend approval of this request. [.pdf of June 17 staff report]

North Maple Public Housing

Planning commissioners were asked to recommend approval of rezoning a 4.8-acre site at 701 N. Maple Road from R1C (single-family dwelling district) to R4B (multi-family dwelling district). Commissioners were also asked to recommend a site plan and development agreement for the project – part of a major renovation effort by the Ann Arbor housing commission. The site is on the west side of North Maple, between Dexter Avenue and Hollywood Drive.

The plan calls for demolishing 20 existing single-family homes – the public housing complex known as North Maple Estates – and constructing an eight-building, 42-unit apartment complex with a total of 138 bedrooms. The units range in size from one bedroom to five bedrooms.

The project would include a playground, community building and 73 parking spaces. According to a staff memo, the buildings would be located along a T-shaped driveway that connects to North Maple Road and Dexter Avenue. The drive extends northward toward Vine Court but does not connect with that street. There would be a new connection to Dexter Avenue through the remaining, undeveloped length of Seybold Drive. [.pdf of staff memo]

The project also requires the city to vacate a portion of the right-of-way for Seybold Drive. The surrounding land is owned by the housing commission, so if the right-of-way vacation is approved, the land would become part of the housing commission property. Planning staff recommended postponement on that specific action so that the request to vacate a portion of Seybold Drive’s right-of-way can be given proper public notice.

In general, the postponement on the North Maple Estates reconstruction was recommended to allow time to address several outstanding issues related to the project, and to draft a development agreement.

Rendering of proposed Ann Arbor housing commission project at 701 N. Maple.

Proposed layout of the Ann Arbor housing commission’s development on North Maple.

The reconstruction of North Maple Estates is part of an ongoing effort by the housing commission to upgrade the city’s housing stock for low-income residents. At the planning commission’s May 6, 2014 meeting, AAHC executive director Jennifer Hall had made a presentation about the initiative, which includes seeking private investors through low-income housing tax credits.

At that May 6 meeting, planning commissioners recommended rezoning for three AAHC properties: (1) Baker Commons, at the southeast corner of Main and Packard, from public land to D2 (downtown interface); (2) Green/Baxter Court Apartments, at the northwest corner of Green and Baxter roads, from public land to R4A (multi-family dwelling district); and (3) Maple Meadows at 800-890 S. Maple, from R1C (single-family dwelling district) to R4B (multi-family dwelling district). The rezoning for those sites was subsequently given initial approval by city council at its meeting on June 2, with a final vote expected later this month.

North Maple Public Housing: Public Hearing

During the project’s public hearing on June 3, four neighbors voiced a variety of concerns about the proposal, including traffic related to the new curbcut on Dexter Avenue, increased density, and security.

Laura Fisher spoke during a public hearing on the North Maple Estates project.

Laura Fisher told commissioners that she wasn’t concerned about the project in general, but she did have concerns about the proposed curbcut onto Dexter Avenue. At that spot, Dexter Avenue narrows from five lanes to two. She lives near the intersection of Dexter and Valley Drive, across from the proposed curbcut. A lot of people turn left from Dexter into Valley Drive, she said, so that’s another issue, and a lot more study needs to be done regarding traffic.

Fisher also noted that the foot and bicycle traffic has increased in that area over the past 10 years, especially after the opening of Plum Market and Aldi at the corner of Maple and Dexter. People walk along Dexter Avenue to get there, and they walk in the road because there’s no sidewalk. Currently, people from North Maple Estates also cross Dexter Avenue without using the light at Maple. The staff report about the North Maple Estates didn’t address these issues, she said.

Joyce Garrett lives on Allison Drive, directly west of North Maple Estates. She said there were several residents who were not notified of the February citizens participation meeting about this project. It appears that there will be a lot more people living on that site, she noted, and that all the buildings will be significantly closer to the property lines. She was concerned about the impact of construction, and about what kind of fence or other barrier would be put up to prevent people from crossing into her property. Now, a lot of people cut through her yard. There’s also a bright light on the back of the community center that shines into the back of her house. She hoped things like that would be changed. She also thought the city’s sanitary sewer line runs along her back fence, and she wondered if that would be excavated.

George Dentel also lives on Allison Drive. He wondered why the residents who are most affected by this planning commission meeting – the people currently living in North Maple Estates – weren’t notified about it. He’s talked with them and they were shocked, he said. The current homes there have neat yards and playgrounds. “We’ve been living peacefully with this development for 25 or 30 years or more,” he said. Dentel didn’t understand the motivation for this project. Was it financial? “It certainly can’t be for the benefit of residents,” he said. He wanted to know if there are legal measures that residents can take to oppose the project. Most of the people who live on Allison and Hollywood oppose this project, he concluded.

Another Allison resident, Mike Kvicala, told commissioners that his house is directly behind the basketball court. He referred to the staff memo’s mention of “conflicting land use,” and asked for an explanation. His understanding was that the project would cut down the trees and scrub, and he wanted clarification of that. The biggest concern of most nearby residents is the density, he said, which will double. He wondered why there were five-bedroom units. He said he’s seen news items about immigrants “stuffing grandma and uncles and aunts” into apartments.

Jennifer Hall, executive director of the Ann Arbor housing commission.

Another concern is building materials, like using vinyl, and he wondered how it would be maintained. The housing commission historically has done a poor job of maintaining its properties, he said, with a “revolving door” of administrators. He disagreed with a previous speaker who said there hadn’t been problems with North Maple Estates. He said he’s rebuilt his fence twice after kids have knocked it down, and he’s had outbuildings destroyed. “I’m constantly having police actions, so I’m concerned about security.” With increased density, there will potentially be more problems, he said.

Three representatives of the housing commission and project team spoke during the hearing, and were on hand to answer questions. AAHC executive director Jennifer Hall told commissioners that there’s been a lot of deferred maintenance, and that’s why AAHC has taken on this overhaul of its properties. Some just need rehab, but “this particular site is not one of them” – it needs to be rebuilt.

The houses at North Maple Estates have problems with their original construction and site design, Hall said. Eight of the 20 units are located at the lowest part of the site and have problems with water infiltration. So demolishing the houses and building new units will be better for residents as well as for the surrounding neighborhood. She said there was an opportunity to increase affordable housing on the site. Currently there are 10 four-bedroom houses and 10 five-bedroom houses. The proposed site plan would have more units with fewer bedrooms, so there’s more of a mix, Hall noted.

Scott Betzel of Midwestern Consulting spoke next. He’s the project’s civil engineer. The site presents an opportunity to increase density, be connected to public transportation, and use the land in a better way than it currently is, he said. The units will be new, modern and efficient. They will be ADA compliant and alleviate flooding problems. A key feature will be stormwater management – there isn’t any on the existing site, he noted.

Regarding the new curbcut onto Dexter Avenue, Betzel reported that it was examined by the city’s traffic engineer, who thought it was safe. A new sidewalk will be added to connect with an existing sidewalk at the corner of Dexter and Maple. Regarding landscaping, he said the conflicting land use buffer is required to be a minimum of 15 feet, but it will be more than that between the adjacent residential properties to the west. The large trees will be preserved, and more evergreen trees will be added. He thought it would be a benefit to the neighborhood and to AAHC residents.

Architect John Mouat.

Architect John Mouat of the Ann Arbor firm Mitchell & Mouat began by noting that the color of the buildings as shown in the meeting packet will be different – not the olive green that’s on the rendering. He described how the apartments will be distributed in eight buildings so there won’t be one big building. The smaller units are located near the community building, while the larger units, which are intended for larger families, are closer to the playground. He noted that the site includes about a 20-foot drop from one side to the other, and a major goal for this project is to put the buildings on higher ground. The buildings will also have fairly large porches, he said, and there won’t be patios in the back. They’re trying to create a secure, friendly environment, Mouat concluded.

Hall wrapped up the commentary by adding that this project will include a community center so that AAHC will have on-site property management, which is not part of the existing complex.

North Maple Public Housing: Commission Discussion

Before discussion began, planning commissioner Wendy Woods announced that her husband, Ronald Woods, served on the housing commission board. Ronald Woods attended the June 3 meeting, but did not formally address the board. She said she personally did not benefit from the project, but would be willing to recuse herself if any planning commissioners objected. No one did.

Before the vote to postpone, discussion lasted about 35 minutes. Most of the commissioners’ questions related to issues that were raised during the public hearing.

North Maple Public Housing: Commission Discussion – Fencing, Landscaping

Diane Giannola asked about the fencing. AAHC executive director Jennifer Hall replied that the current fencing is probably inadequate in every housing commission site. It will be replaced, she said, and they can keep an eye on that to make sure it’s not torn down. Having an on-site property manager will make that easier to do.

Scott Betzel of Midwestern Consulting.

Giannola wondered if it would be possible to build a six-foot-high wood fence around the site. Hall replied that she wasn’t sure AAHC owned the fencing, but they’ll look into it. The type of replacement fencing will depend on cost. “We can only do what we have enough money to do,” Hall said.

Bonnie Bona asked staff to give an explanation of requirements for the conflicting land use buffer. City planner Alexis DiLeo explained that a buffer is required when there are different types of adjacent land uses – in this case, single-family sites abutting a proposed multi-family development. The buffer must be at least 15-feet wide, with a designated number of trees. There must also be either a hedge, berm or wall. For this project, a hedge will be used. Existing plants can be used to meet part of the requirement, DiLeo noted.

Bona said that in previous projects, construction trucks have pressed down the soil, which later causes new plants to grow very slowly. She wondered whether construction equipment can be kept away from the buffer area. Scott Betzel of Midwestern Consulting noted that on this site, the buffer will be at the bottom of a slope, so the land there likely won’t be compacted. They’ll be planting 86 trees in the buffer along the west side and 107 bushes.

Responding to another query from Bona, Betzel said a large number of trees will stay in place at the north half of the site, as well as on the southern quarter. Those are where the highest-quality of existing trees are located, he said. They’ve tried to save as much of the trees and hedgerow as possible, he added.

North Maple Public Housing: Commission Discussion – Infrastructure

Responding to a resident’s concern about the sewer line, Scott Betzel said the closest sewer line appears to be about 30 feet away from any fence.

Bonnie Bona asked about plans for lighting on the site. Alexis DiLeo reported that a photometric plan showed that no light would spill onto adjacent properties, and the pole fixtures are all “dark-sky friendly,” which have shields and downward-directed light. That compares to the current “wall pack” lighting that includes visible fixtures and bulbs. Bona said she lives near a city streetlight that’s “pretty obnoxious.” She wanted to make sure that the lamp itself is shielded on the bottom.

Ron Woods, president of the Ann Arbor housing commission’s board.

Betzel said no wall packs are proposed for this site. He wasn’t sure how tall the lights would be. Bona noted that it’s an important issue, especially since the site’s density will be increased. “When we’re asking the neighbors to live with more, I think we have to give them more,” she said.

Regarding the neighbor’s complaint about the community center light, Jennifer Hall said she’d be happy to remove it now. The proposed new lighting would all be on the street – no lighting would be placed in back of the buildings. So there would be no lights near the surrounding neighborhood, she said.

Bona also asked about sidewalks within the site, next to where cars will be parked. She said she’s always concerned about the overhang of a vehicle that might reduce the width of a sidewalk. Betzel replied all sidewalks in front of parking are seven feet wide.

Wendy Woods asked about the proposed detention pool, and wondered how deep the water would be. It concerned her, because children would be in that area. Betzel said that most of the time, the ponds would look like sloped grassy areas, with wetland plants like cattails at the bottom. It would be no deeper than five feet during a 100-year storm, he said. It’s designed to drain within 24-48 hours. John Mouat added that the playground was designed to be further away from the detention ponds.

Responding to a query from Bona, Hall noted that the existing buildings have no insulation. There are constant sewage backflows because the pipes are smaller than the ones required now. AAHC is spending thousands of dollars annually for repair and cleanup. So the houses are beyond the point where they can be rehabbed. Hall pointed out that the investors are requiring that the new buildings meet Enterprise Green Communities standards, so they will be higher energy efficiency buildings.

North Maple Public Housing: Commission Discussion – Management, Security

Wendy Woods was glad there will be an on-site manager. She asked about security on the site. Jennifer Hall replied that she gets a monthly report from the Ann Arbor police department for calls to all of the public housing sites. She doesn’t see reports about calls to surrounding neighbors, however. Hall said police chief John Seto had told her that the public housing sites don’t draw more police calls than other neighborhoods. Woods said problems from increased density aren’t necessarily tied to income or social status, and she wanted people to keep that in mind.

Hall observed that the site has a strong slope on the west side, so the design doesn’t accommodate back porches. That might help with security issues. She also noted that the west side includes the lowest-density units. The higher-density units are clustered together in an area where there aren’t any adjacent single-family neighborhoods.

Jeremy Peters asked about the role of the on-site manager. Hall explained that currently, complex managers are based out of Miller Manor, which is several miles away. They hold office hours at North Maple Estates a couple of hours each week. What’s more, the current community center is actually a converted house. The new community center will have offices and meeting space, and a manager who’ll be there every day. There will be a broad range of activities offered there for both children and adults, Hall said.

North Maple Public Housing: Commission Discussion – Density

Bonnie Bona said she’s a little uncomfortable with the rezoning to increase density on this site. She thought that the housing commission had planned to keep the density unchanged.

Planning commissioner Bonnie Bona.

She noted that the existing houses are 50 years old, but should have lasted 100 years. The city needs to know that the housing commission will take care of its properties. “The worst investment is for the city to keep doing this over and over again,” Bona said. She hoped the commission would do it right this time, even if it costs more upfront to do that.

Jennifer Hall explained that all the funding for public housing has come from HUD. The AAHC did an analysis about how much it would need to maintain its properties, and the amount is about three times more than what HUD provides, she said. Hall agreed with Bona, but said “I’m not made of magic – I can only use what funding sources are out there.” The advantage of the new financing approach, she added, is that there’s an opportunity to use private capital investment that’s not available for public housing. The private investors, including Chase Bank, want to ensure that their investment will last for the term of the agreement, which is a minimum of 20 years.

The process includes putting a portion of rent revenues into a capital reserve fund, Hall explained. That wouldn’t be possible with just 20 units, she added – there wouldn’t be enough funds to maintain the buildings, and they wouldn’t be able to get investors for the project. So the density is needed in order to make the project viable, she said.

Jeremy Peters confirmed with Hall that this would be the first addition to the city’s affordable housing stock in recent memory. Hall estimated that the city was losing 100 units of affordable housing each year. She noted that Avalon Housing recently opened an apartment complex on Pauline, but there are eight fewer units than in the previous apartment complex there.

Peters said that the city has made affordable housing a priority, yet there seems to be a struggle to add more units. That should be kept in mind when commissioners evaluate the increased density of this North Maple proposal, he said.

North Maple Public Housing: Commission Discussion – Traffic

Kirk Westphal asked about the traffic issues raised during the public hearing. Scott Betzel reiterated that he’d spoken with the city’s traffic engineer, and they both agreed that adding the Dexter Avenue curbcut seemed like a logical and conventional solution to the situation. Planning manager Wendy Rampson said that planning staff would follow up with the traffic engineer to take another look at it.

Jennifer Hall explained that the site requires a second exit for fire emergencies. One of AAHC’s concerns is that they don’t want it to be a cut-through street, so they’d be willing to look at adding speed bumps or other traffic calming measures.

North Maple Public Housing: Commission Discussion – Misc.

Ken Clein highlighted information in the meeting packet about housing costs, saying that it might be confusing. It was a sheet with rent and income data for “Maple/Platt,” which had been distributed at the citizens participation meeting in February. Jennifer Hall clarified that AAHC is also working on a project for a site on Platt Road. So this information showed a range of income levels to illustrate who would be eligible for AAHC’s housing. The information provided in this sheet also referred to 70 total units, which is the combination of proposed units on both the North Maple and Platt sites, Hall said.

Bonnie Bona directed staff to double-check the mailing addresses, to make sure all nearby residents are provided with adequate notification.

Hall offered to pass out her business card to residents who were interested in following up with her about the issues raised during the public hearing. She said she’d be willing to come out and meet with neighbors, if they wanted to set up a meeting.

Outcome: Commissioners unanimously voted to postpone the three items related to this AAHC request: Rezoning, site plan, and street vacation. The items are on the commission’s June 17 agenda for consideration.

Rudolf Steiner Expansion

The site plan for expansion of the Rudolf Steiner High School was on the June 3 agenda. The private school is located at 2230 Pontiac Trail, north of Brookside.

The project – estimated to cost $2.5 million – involves building a one-story, 19,780-square-foot addition to the existing classroom building. The building will include a 9,990-square-foot gym, with the remaining 9,790 square feet used for classrooms and storage.

According to the staff memo, an existing Quonset hut on the east side of the site will be removed, as will a 48-inch white oak tree immediately east of the proposed addition. The school will be required to plant 12 trees for mitigation. In addition, 17 new trees will be planted as part of the project.

Parking will be increased by 31 spaces to accommodate special events and discourage parking in nearby neighborhoods, according to the staff memo. A total of 32 bicycle parking spaces will be provided near the north entry to the new addition. No additional enrollment beyond the previously approved 120 students is proposed. The school has operated at that location since 2002.

Site plan for Rudolf Steiner High School expansion. The yellow section is the existing building. The white section indicates the proposed addition.

Commissioners were also asked to approve a special exception use for the project. That’s required under Chapter 55 of the city’s zoning code because the site is zoned R1D (single family dwelling). Private schools are allowed within that zoning district, if granted a special exception use. The planning commission has discretion to grant a special exception use, which does not require additional city council approval.

The only speaker at a public hearing on this item was Dave Leclair of Livingston Engineering, the project’s site engineer. He introduced other members of the team, and said they were on hand to answer questions.

Rudolf Steiner Expansion: Commission Discussion

There was no discussion on the special exception use item.

From left: Victor Leabu, facilities manager for the Rudolf Steiner High School, and Dave Leclair of Livingston Engineering.

For the site plan resolution, city planner Jeff Kahan told commissioners it had been amended to include the phrase “subject to a modified utility easement agreement addressing the proposed bioswale located within the easement area.” A water utility line is located under the bioswale. The city needs to have access to the water main, if it needs repair. If that happens, the owners of the property would be responsible for restoring the bioswale, which is about 6 inches deep.

Responding to a query from Ken Clein, Kahan explained that the school is proposing an additional 31 parking spaces that would extend the existing parking lot to the east. The intent is to accommodate overflow parking for school functions. Currently, overflow parking is on the lawn.

Also, the fire marshal recommends that emergency access be put in place to the street that’s south of the site. The fire marshal agreed that a gate could be placed there too, to prevent the emergency access from becoming a regularly used route to the street.

Kirk Westphal asked what kind of feedback the school has received from surrounding neighbors. Victor Leabu, the school’s facilities manager, said the school has been there about 12 years, and some of the families live in the neighborhood. Most of the feedback was positive, he said. One issue was that since the gym is higher and the lights might be on at night, someone wondered what the impact on the neighborhood might be. There aren’t any houses directly in that area, however, and the school plans to use shades on the windows at night, he said.

Outcome: In separate unanimous votes, commissioners granted the special exception use and recommended approval of the site plan. The site plan will be forwarded to city council for consideration.

Research Park Project

The June 3 agenda included a proposal to rezone six sites along Research Park Drive, as well as an area plan for development of the parcels.

Laith Farjo of Qubit Group.

Another item related to amendments to Chapter 55 of the city’s zoning code to allow outdoor recreation as a special exception use in the office/research/limited industrial (ORL) zoning district.

The six lots are undeveloped and total 16.6 acres. Four of the lots, on the southern end of the site, are owned by Qubit Corp. LLC; BMS Holdings LLC owns the northern two sites.

The rezoning would be from RE (research) to ORL. The proposed area plan – which is less detailed than a site plan – includes an indoor-outdoor tennis facility on one of the lots. It also includes five two-story buildings that could accommodate office, research, and limited industrial uses on the remaining lots, each with their own parking lot and access point to Research Park Drive.

Prior to construction, the project must go through the city’s site plan approval process, which might require a traffic impact study.

The text amendment to Chapter 55 would delete a current restriction that recreation sites must be within an enclosed building. The change would allow outdoor tennis courts to be built in the ORL zoning district.

Two people spoke briefly at the public hearing. Jim Barnwell of Desine Inc. and Laith Farjo, a representative of Qubit Group LLC, the site’s owner, introduced themselves and said they’d be available for questions.

Aerial view showing Research Park Drive parcels.

Area plan for four sites in a proposed development on Research Park Drive. The image is oriented with east at the top.

Research Park Project: Commission Discussion

Responding to a query from Diane Giannola, planning manager Wendy Rampson said that commissioners had been briefed on the project at a working session last year.

Kirk Westphal asked what kind of feedback had been received, and if any changes are being considered based on the feedback. Laith Farjo, one of the owners, replied that everyone was very positive. Several people from surrounding businesses had attended the citizen participation meeting, he said, and liked the idea that the project would be bringing more life into that area. The hours are also complementary to existing businesses, he added. A juniors tennis facility would be the first phase, and would mostly be used in the evenings and weekends.

Outcome: In separate unanimous votes, commissioners unanimously recommended approval of the rezoning, area plan and amendments to Chapter 55 of the city’s zoning code. The items will be forwarded to city council for consideration.

Dusty’s Collision

A site plan for Dusty’s Collision at 2310 South Industrial Highway, south of Jewett, was on the June 3 agenda.

Aerial view of Dusty’s Collision site.

The proposal calls for building a 30,537-square-foot, one-story auto collision repair facility on a parcel that’s currently vacant. A previous building at that location was torn down in 2013. The new building would include 5,285 square feet for office use, a waiting area of 5,227 square feet, and 20,025 square feet for the repair area and garage. The project is estimated to cost $2 million.

The site will include 106 spaces of exterior parking, including 24 spaces that will be deferred until needed, according to the staff memo. One bicycle hoop – for 2 bike parking spaces – will be located near the front of the building.

The recommendation is contingent on the owner – Whitney’s Collision West of Ann Arbor – providing one footing drain disconnect before the city issues a certificate of occupancy. [.pdf of staff memo]

The only speaker at this item’s public hearing was Rich Henes, a principal with Cornerstone Design Inc., the project’s architect. He said he was there to answer questions.

Dusty’s Collision: Commission Discussion

Bonnie Bona said she couldn’t see much pedestrian access on the site – just the parking lot. She granted that it was a vehicle-centric business, but said that people might need to walk or take the bus there while their car is being repaired.

Architect Rich Henes of Cornerstone Design Inc.

Rich Henes of Cornerstone Design said pedestrians could use the driveway, adding that it’s close to the road and there will be bike parking on the north corner.

Planning manager Wendy Rampson pointed out that there’s a sidewalk connection from the building’s entrance to the public sidewalk.

Jeremy Peters asked about plans to mitigate potential runoff from any hazardous materials that might be used. Henes replied that the building will have internal trench drains, with the runoff contained and disposed of legally.

Peters also asked about a comment in the staff report from the Mallets Creek Coordinating Committee: “The MCCC recommended that the petitioner consider conducting soil borings from the detention basin in order to increase infiltration design of the storm water basin. It is also recommended that the property owner take special care to monitor and contain any dripping fluids from damaged vehicles.”

Henes said the concern related to an existing bioswale on the north side of the property. The MCCC wants the owner to install a pipe that will direct runoff from that bioswale toward the center of the site. “But the water table is so high that it would be useless to do that,” Henes said. Rampson pointed out that the site plan complies with the county water resource commissioner’s current rules.

Ken Clein confirmed with the planning staff that the project’s landscaping plan meets the city’s requirements.

Outcome: Commissioners unanimously recommended approval of the site plan, which will now be forwarded to city council for consideration.

Communications & Commentary

Every meeting includes several opportunities for communications from planning staff and commissioners, as well as two opportunities for public commentary. Here are some highlights from June 3.

Communications & Commentary: Affordable Housing

Planning commissioner Jeremy Peters reported that he, Wendy Woods and Eleanore Adenekan met in late May with members of the city’s housing & human services advisory board and staff of the Washtenaw County office of community & economic development. It was the first in what will likely be a series of meetings regarding affordable housing. The intent is to look at issues where these three groups have similar interests, and eventually to provide some strong guidance for city and county leaders, he said.

Tentatively, Peters said, the group has identified four broad issues to discuss: (1) refining premiums offered to developers in the downtown D1 and D2 zoning districts; (2) investigating possible policy advocacy at the state level, to make the process of building or purchasing affordable housing units simpler and more predictable; (3) looking at actions to allow for workforce housing within the city in ways that are ultimately respectful of each neighborhood’s character; and (4) investigating what fee-based roadblocks might be modified or removed to make new construction of an affordable nature easier to do, in areas zoned for that type of residential development.

Communications & Commentary: Ordinance Revisions

Planning commission chair Kirk Westphal reported that the ordinance revisions committee had met immediately prior to the regular June 3 planning commission meeting, and continued discussion of possible changes to downtown zoning. No date has been set for the next ORC meeting. Members include Westphal, Bonnie Bona, Wendy Woods and Diane Giannola.

Present: Eleanore Adenekan, Bonnie Bona, Ken Clein, Diane Giannola, Jeremy Peters, Kirk Westphal, Wendy Woods. Also: City planning manager Wendy Rampson.

Absent: Sabra Briere, Paras Parekh.

Next meeting: Tuesday, June 17, 2014 at 7 p.m. in council chambers at city hall, 301 E. Huron. [Check Chronicle event listings to confirm date]

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Research Park Rezoning Moves Ahead

Chronicle Staff — Wed, 04 Jun 2014 03:50:32 +0000

Rezoning of six sites along Research Park Drive was recommended for approval by Ann Arbor planning commissioners at their June 3, 2014 meeting. An area plan for development of the parcels was also recommended for approval, as were amendments to Chapter 55 of the city’s zoning code to allow outdoor recreation as a special exception use in the office/research/limited industrial (ORL) zoning district.

The six lots are undeveloped and total 16.6 acres. Four of the lots, on the southern end of the site, are owned by Qubit Corp. LLC; BMS Holdings LLC owns the northern two sites.

Prior to construction, the project must go through the city’s site plan approval process, which might require a traffic impact study.

Aerial view showing Research Park Drive parcels.

Area plan for four sites in a proposed development on Research Park Drive. The image is oriented with east at the top.

This brief was filed from the second-floor council chambers at city hall, located at 301 E. Huron. A more detailed report will follow: [link]