The site had also required a rezoning, which the city council had approved at its March 19, 2012 meeting.

The property owned by the society, at 411 Long Shore Drive near Argo Pond, had been previously zoned public land, even though it’s owned by a private entity. The council approved the rezoning as a planned unit development (PUD), which allowed the group to build a a 220-square-foot, one-story addition to the rear of the existing lodge, on its east side. The site plan for that addition was the subject of the council’s April 2 approval.

The nonprofit society is a University of Michigan student and alumni club, focused on nature and the outdoors. Named for French-Canadian voyageurs of the Great Lakes fur trade, it was founded in 1907 and is one of the university’s oldest fraternal student groups. The lodge was built in 1925 – about the same time as the city’s first zoning ordinance and zoning map. Five student members live at the lodge, and society alumni gather there for potluck Sunday dinners from September to April.

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

The property owned by the society, at 411 Long Shore Drive near Argo Pond, is zoned public land, even though it’s owned by a private entity. The society is asking that the land be rezoned as a planned unit development (PUD), which would allow the group to build a a 220-square-foot, one-story addition to the rear of the existing lodge, on its east side.

The nonprofit society is a University of Michigan student and alumni club, focused on nature and the outdoors. Named for French-Canadian voyageurs of the Great Lakes fur trade, it was founded in 1907 and is one of the university’s oldest fraternal student groups. The lodge was built in 1925 – about the same time as the city’s first zoning ordinance and zoning map. Five student members live at the lodge, and society alumni gather there for potluck Sunday dinners from September to April.

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

The Ann Arbor city council gave initial approval to new Federal Emergency Management Agency (FEMA) flood maps at its Feb. 21 meeting. The council briefly touched on the topic of the current location of the Amtrak train station, which is in the floodplain (green area). The dark red is a building (Gandy Dancer) that was previously not analyzed as within the floodplain, but now is analyzed as such – similarly for parcels colored bright red. (Image links to higher resolution file with legend.)

The council denied a rezoning request from the owners of Biercamp Artisan Sausage and Jerky, located on South State Street near the Produce Station, that would have allowed them to use the property for a retail operation larger than what currently exists. But the council did give initial approval to a rezoning request from the Society of Les Voyageurs that will allow the group to make an addition to their house, which is located near the Argo Dam.

At the other end of the spectrum from development, the council also took action that will allow the city to move quickly to demolish buildings that are derelict, posing a safety risk to the community. The council authorized the allocation of $250,000 from the general fund to pay upfront costs for the demolition of such structures. The city expects to be able to replenish the money out of a lawsuit settlement it won previously against the owner of the former Michigan Inn. The city will also eventually be able to recover its costs from property owners whose buildings require demolition.

Also related to possible future construction on land throughout the city, as well as the insurance for existing buildings, was the council’s initial approval of new federal flood maps. The most recent maps date from 1992. The new maps being considered for approval by the city were created out of a process begun by the Federal Emergency Management Agency (FEMA). Throughout the city, 452 structures are no longer analyzed as lying within a floodplain, while 88 buildings are newly analyzed as in a floodplain, according to the new maps.

Floods are one of the natural disasters that the city’s new emergency management director, Rick Norman, will be responsible for preparing the city to handle. The council formally authorized Norman’s appointment at their meeting.

In resolutions that required expenditures of funds, the council authorized additional outside accounting and legal expenses, as well as the painting and repair of equipment at the city’s water treatment plant.

In other business, the council passed a resolution in support of a clean air campaign, and authorized the closing of city streets for eight different upcoming events.

Two significant appointments were discussed at the meeting. The first was a mayoral nomination on which the council will be asked to take action at its next meeting – appointing Sue Gott, planner for the University of Michigan, to the board of the Ann Arbor Transportation Authority. The other was an appointment that has already been made by Gov. Rick Snyder – Joe Burke as judge to the 15th District Court. Burke was on hand to be introduced to the council.

Biercamp Rezoning

The council considered a request from the owners of Biercamp to rezone the South State parcel where the artisan sausage store is located – from TWP (township district) to C3 (fringe commercial district).

Biercamp Rezoning: Background

At its Sept. 8, 2011 meeting, the city planning commission had unanimously recommended denial of the rezoning request.

The property is located at 1643 and 1645 S. State St., south of Stimson and next to the Produce Station. The parcels currently house a relatively new business – Biercamp Artisan Sausage and Jerky – as well as an auto repair shop and furniture manufacturer. Biercamp owners Walt Hansen and Hannah Cheadle wanted to rezone the property to C3 (fringe commercial district), so their business could sell a wider variety of merchandise, including products not made on site. The annexation of the property, from Ann Arbor Township, was approved by the council at its Oct. 17, 2011 meeting.

At the council’s Oct. 3, 2011 meeting, councilmembers had finally voted on a rezoning request in the same vicinity, from Treecity Health Collective. The medical marijuana dispensary was denied its rezoning request, which it had sought in order to qualify for a medical marijuana license issued by the city. The council had postponed their Treecity vote from their Sept. 19, 2011 meeting. Councilmembers had wanted the extra time to ensure that they would be handling Biercamp and Treecity in a parallel fashion.

At that time councilmembers also cited the study of the South State Street corridor, which is now in progress, as possibly affecting changes in zoning in the area in a more comprehensive way.

Biercamp Rezoning: Council Deliberations

Sabra Briere (Ward 1) led off deliberations by saying she was willing to move the rezoning request forward to a second reading before the council. [Zoning requests are ordinance changes, which require two approvals by the council at separate meetings, and must include a public hearing.] But she cautioned that the council needs to keep in mind the context of the broader corridor study. Previously, the council was advised it was premature to rezone a single parcel, because it would be “spot zoning.” She concluded that she’d be willing to give the request an initial approval, though she was not certain how she’d vote at the second reading.

Tony Derezinski (Ward 2), who serves as the city council’s representative to the planning commission, said the planning commission had unanimously recommended a denial. It would be nice to rezone the parcel, but the fact is, he said, that you’d be destroying the idea of predictability in the city’s decision-making on zoning issues. That would risk a lawsuit, he said.

Derezinski said the corridor study is moving along. He noted that South State Street will get very busy when the new Costco store opens [at Ellsworth and State, in Pittsfield Township] and “pumps” thousands of people onto that road. His own sense was that given the unanimous denial by the planning commission, the council should not move it to a second reading so that the council doesn’t “clutter up our docket.”

Margie Teall (Ward 4) asked Wendy Rampson, head of city planning, what the future of the owners would be if the council denies the rezoning request. Rampson explained that Biercamp had made sure they got the blessing of the township for the store’s current use. If the city continues with the process of establishing a staff-initiated zoning of M1, Biercamp could continue as a “non-conforming use,” but couldn’t expand their retail operations. Currently, Rampson said, the business is subject to the zoning it inherited from the township. Teall said she saw Biercamp as becoming a much beloved business, if it was not already. She said she’d like very much not to infringe on their business.

Stephen Kunselman (Ward 3) noted that the proposed zoning by the owners was denied, because it’s not consistent with the city’s master plan. He asked about “conditional zoning” – is that an opportunity for Biercamp? Rampson explained that when the city planning staff were approached by Biercamp, they went through a number of options, and one of them was conditional zoning. The owners had opted not to pursue that.

Kunselman confirmed that Biercamp would get to operate their existing business. Based on Rampson’s assurance that they could continue to operate their existing business, Kunselman said he would support denial of the rezoning request and he saw no reason to take it to a second reading. It was a case where the council needs to follow the planning staff’s recommendation, he concluded.

Jane Lumm (Ward 2) asked when the corridor study would be complete. Rampson described how planning staff is currently doing interviews with property owners. Meetings have been held with a half dozen property owners on the northern end of the corridor. Rampson indicated she was not sure what the public engagement process would be like – the area has very few residents, and mostly businesses are located there. Lumm clarified that the corridor that’s the subject of the study goes from Produce Station near Stimson all the way south to Ellsworth.

Currently, Rampson said, they’re looking at the corridor as composed of three to four different subsections with distinct character, including the Briarwood Mall area. The city has had some discussions with Pittsfield Township, Rampson said. Lumm said that her sense was – based on the planning commission minutes – that everybody felt sorry for the petitioner, but felt it’s not a good thing to approve zoning inconsistent with the master plan. She said she was comfortable with denying the request for rezoning.

Derezinski agreed with Teall that Biercamp is a good business and they have expansion plans, which he said is always healthy. He described the planning staff as having bent over backwards. Eventually, he felt, it’ll be worked out – it’s a matter of waiting. He said he had patronized the business a half dozen times. It’s the kind of business the city wants, he said, but things have to be done in an orderly fashion. So he would ask for a denial at this point.

Briere said she was also inclined to deny the rezoning request, but was inclined to allow a public hearing to proceed, which would result if the council gave it initial approval. You never know what we’ll learn from a public hearing, she ventured.

Teall asked when Costco’s construction would be completed. Rampson reported it’s under construction, but she did not know when it would be completed – within the current year, she thought. Teall said she was looking forward to having the issue come back, but would support the denial.

Marcia Higgins (Ward 4) and Jane Lumm (Ward 2) before the Feb. 21 city council meeting started.

Marcia Higgins (Ward 4) noted that the Costco site is in Pittsfield Township and the township will have full authority to determine zoning in the township. So she asked Rampson how that was being handled for the portion of State Street south of I-94 – the western side of State Street that’s in Pittsfield Township. Rampson characterized that as a conversation that’s a year away. Pittsfield officials are talking about making that area more active and mixing in residential uses. The exchange between Higgins and Rampson clarified that the city of Ann Arbor has jurisdiction over the full width of State Street.

At mayor John Hieftje’s request, Rampson explained the next steps for the Biercamp owners if they wanted to expand. Rampson said that if the council did not approve the rezoning, she’d ask council to direct the planning staff to initiate the process of putting appropriate zoning in place. If two years pass after the annexation from the township and no zoning is applied by the city, the parcel becomes “unzoned” and anything could happen, Rampson said.

So the staff would want to put an M1 placeholder zoning on the parcel. In the meantime, the State Street corridor discussion would be going on, Rampson said, and clearly Biercamp is a stakeholder in the corridor now and would be able to advocate for itself in the context of that discussion. At the conclusion of the corridor study, the staff would likely come up with a “package” that Rampson felt would probably include a rezoning of that parcel, among other recommendations.

Sandi Smith (Ward 1) noted that immediately to the north is a property zoned C3, where the Produce Station is located. Rampson explained that the property was originally zoned M1 – it was a warehouse. The entire area was developed on an industrial-type footprint, she said. Smith ventured that context might eliminate the possibility that rezoning the Biercamp parcel would constitute a “spot zoning.”

Rampson indicated that the objection to the rezoning is not that it would amount to spot zoning. Instead, the objection is based on the fact that the city’s master plan talks about putting a boundary on the commercial district. The Produce Station is the edge, she said. Without having a further understanding of how retail would work beyond that boundary, the planning staff weren’t comfortable letting it go farther south.

Outcome: The council unanimously denied the Biercamp rezoning request.

Les Voyageurs Addition

The council considered an initial approval to a rezoning request and a site plan for an addition to the Habe Mills Pine Lodge – owned by the Society of Les Voyageurs. The rezoning was unanimously recommended for approval by the Ann Arbor planning commission at its Jan. 19, 2012 meeting. The property owned by the society, at 411 Long Shore Drive near Argo Pond, is zoned public land, even though it’s owned by a private entity. The society is asking that the land be rezoned as a planned unit development (PUD), which would allow the group to build a 220-square-foot, one-story addition to the rear of the existing lodge, on its east side.

Rezoning changes the city’s ordinances, thus requires an initial approval by city council (first reading) followed by a final vote at a subsequent meeting.

The nonprofit society is a University of Michigan student and alumni club, focused on nature and the outdoors. Named for French-Canadian voyageurs of the Great Lakes fur trade, it was founded in 1907 and is one of the university’s oldest fraternal student groups. The lodge was built in 1925 – about the same time as the city’s first zoning ordinance and zoning map. Five student members live at the lodge, and society alumni gather there for potluck Sunday dinners from September to April.

Mark Doman, an alum of the society, attended the city council meeting. Responding to an invitation from mayor John Hieftje, he gave a history of the organization. He described the mission of the society so much in keeping with the setting is that it’s zoned as public land.

Sabra Briere (Ward 1) ventured that it’s zoned public land (PL), because it belongs to UM. Doman clarified that the land is not owned by UM, but rather by the society. Briere noted that in any case, the resulting public land designation is an effort to not have the parcel zoned residential. Tony Derezinski (Ward 2) praised the work of planning staff to find the least intrusive way to accomplish the task, saying it was an agreeable process. The request, he said, was a “no-brainer.”

Outcome: The council gave unanimous initial approval to the PUD rezoning of the Les Voyageurs property.

Fund to Demolish Unsafe Buildings

The council considered a $250,000 allocation for the demolition of buildings that the city deems dangerous under Chapter 101 of the city code. The city would like to target buildings that are diminishing the quality of neighborhoods, dragging down property values and attracting nuisances. The appropriation is from the city’s general fund, changing the budget, and thus required an 8-vote majority. The city expects to be able to reimburse the general fund from the proceeds of a lawsuit settlement related to the old Michigan Inn property on Jackson Avenue.

Councilmembers Sabra Briere (Ward 1) and Stephen Kunselman (Ward 3).

Mayor John Hieftje described the possibility of establishing such a fund at the city council’s Dec. 19, 2011 meeting. He portrayed the idea as arising out of a conversation he’d had with Stephen Kunselman (Ward 3).

During the council’s deliberations on Feb. 21, Hieftje noted that Kunselman as well as Sandi Smith (Ward 1) and Sabra Briere (Ward 1) have been looking into the issue. The proposal before the council is a plan to pre-fund the demolition work. Hieftje said there’s a surprising number of buildings in town that need to come down.

The city’s chief development official, Ralph Welton, was asked to explain the mechanics of how condemnation and demolition would work. Welton told the council that the city has an ordinance in the code for specifically for this kind of situation. [.pdf of Chapter 101] Welton described how first a property owner would be notified, and if there’s no compliance, the property owner would be invited to a show-cause hearing at the city’s building board of appeals. There’s a 20-day period to appeal a vote of the building board of appeals to the district court, he said. After that, the city would tear down the building. Welton said that the fund would perpetuate and possibly grow.

Hieftje got clarification from Welton that the city would pay the initial cost of demolition, but that the property owner would be invoiced and assessed. Welton explained that it’s not a lien that would be placed on the property, but rather a direct assessment.

Hieftje explained that conversations with the city attorney and with Ward 1 residents had led to a likely initial focus on properties on North Main Street, including the houses on the site of the future Near North affordable housing development.

Briere asked if it’s possible to get a list of properties that would be considered for demolition. Welton noted there’s criteria for condemning properties, so those lists will be fluid.

Kunselman said he’s really excited about this – he’d worked previously in a community where such a program had worked well. He noted that most property owners don’t know how to deal with their own property when it reaches this condition, so the program solves that problem. However, he questioned the initial targeting of the Near North properties – weren’t neighborhood stabilization monies appropriated for that? [Kunselman was correctly recalling the council's May 16, 2011 vote.] What would happen to those neighborhood stabilization funds? asked Kunselman. Hieftje indicated that the attorneys will take a look at that. The city wants to put the Near North project property owner on notice that the houses need to come down, whether the project goes forward or not. Kunselman wanted to make sure that out-buildings like garages are also included for consideration under the program.

In terms of properties where development is ongoing but delayed – like Near North – Margie Teall (Ward 4) asked at what point the city should “pull the trigger.” Teall indicated she was thinking about the Georgetown Mall site on Packard.

Smith asked what the typical cost is for bringing down a building – like one of the Near North houses. Welton estimated that for one of the houses, it would cost $15,000-$25,000. Responding to a question from Marcia Higgins (Ward 4), Welton indicated that with older houses there could be issues of lead and asbestos abatement.

Outcome: The council unanimously voted to allocate $250,000 for the demolition of dangerous buildings.

Flood Maps

The city council was asked to give initial approval to an ordinance change that will adopt a new Flood Insurance Rate Map (FIRM).

From left: Jerry Hancock, the city's stormwater and floodplain programs coordinator, and Eli Cooper, the city's transportation program manager.

By way of background on those maps, the National Flood Insurance Program (NFIP) makes flood insurance available for properties in participating communities – Ann Arbor is a participant. If a building has a federally-backed mortgage and it’s located within the “1% annual change floodplain” (previously called the “100-year floodplain”), then flood insurance is required.

Ann Arbor’s most recent FIRM dates from Jan. 2, 1992. In 2004, the Federal Emergency Management Agency (FEMA) began a map revision process for Washtenaw County. Various drains in the city were re-analyzed, using updated data, and on July 27, 2007, FEMA issued preliminary maps. After required public review, appeal and revisions, on Oct. 3, 2011, FEMA issued a letter with a final determination, indicating that the new maps would become effective on April 3, 2012. [.pdf of Oct. 3, 2011 letter] [.pdf of Dec. 20, 2011 reminder letter]

Compared to the previous 1992 maps, 321 parcels are no longer analyzed as lying within a floodplain. However, 116 parcels that were previously not analyzed as in a floodplain are now in a floodplain, according to the new maps. Building-wise, 452 structures are no longer analyzed as lying within a floodplain, while 88 buildings are now in a floodplain, according to the new maps. [See also Chronicle coverage: "Column: Digital Information Flood"]

As an ordinance change, the council will need to give the approval of the maps a second and final approval at a subsequent meeting.

During the relatively short deliberations on the map, Stephen Kunselman (Ward 3) asked the city’s stormwater and floodplain programs coordinator, Jerry Hancock, to explain the program.

Hancock explained that it was a FEMA project, not a city project, which began in 2004. Consultants were hired by FEMA and the state of Michigan. Some of the floodplains were completely re-studied while others were simply re-mapped, he explained. There was a preliminary report drafted in 2007, and from that point, input was received all over the county, he said. It took until six months ago to finalize the map, and now FEMA has put the final maps out. He said the city and county staff had put together an online map. Properties that have changed status are all color-coded, so hopefully people can get a sense of how these changes will affect their properties, Hancock said. He also reported that letters had been sent to affected property owners.

Kunselman asked if the recipient of such a letter would be able to take that letter to the bank without an additional letter of map amendment in order to justify changes to their insurance requirements. Hancock explained that yes, the city’s letter should satisfy the requirements of their lending agency.

Jane Lumm (Ward 2) offered an “atta-boy,” saying the letters sent to property owners are well crafted with good instructions. Lumm said the good news is that the number of parcels formerly in the floodplain decreased significantly.

Watershed-by-watershed, here’s the breakdown:

Parcels Into Floodplain        Parcels Out of Floodplain                     

Allen Creek      45            Allen Creek      199
Huron River       5            Huron River        9
Mallets Creek    24            Mallets Creek     10
Millers Creek    16            Millers Creek      0
Swift Run        11            Swift Run         84
Traver Creek     15            Traver Creek      19
Total           116            Total            321

Buildings Into Floodplain      Buildings Out of Floodplain      

Allen Creek      46            Allen Creek      204
Huron River       5            Huron River        6
Mallets Creek    23            Mallets Creek     48
Millers Creek     3            Millers Creek      0
Swift Run         2            Swift Run        171
Traver Creek      9            Traver Creek      23
Total            88            Total            452

-

Outcome: The council gave unanimous initial approval to the new flood maps.

Transportation

Transportation arose as a topic at the council’s Feb. 21 meeting in at least three ways: (1) a request for additional required information from the Ann Arbor Transportation Authority; (2) the nomination of Sue Gott to the AATA board; and (3) the location of a possible new transit station.

Transportation: AATA Info Request

Stephen Kunselman (Ward 3) used a council communications time slot to press for additional information about the Ann Arbor Transportation Authority in the context of the current proposal pending before the council to sign an agreement that would set a framework for the transition of the AATA’s governance structure from an Act 55 authority to an Act 196 Authority.

Kunselman told mayor John Hieftje that he had some comments about “your proposal” to dissolve the Act 55 authority. [By way of background, as a political tactic, Kunselman has consistently labeled the proposal to transition to an Act 196 authority as "the mayor's proposal." Hieftje has responded to this tactic the same way he did at the council's Feb. 21 meeting – by insisting that he cannot accept credit for the plan.]

Kunselman said that the council keeps being told the AATA needs a new governance framework, even though the existing framework will work, he contended. He said that in doing his homework on the issue, he’d come across an agreement between AATA and the city. [.pdf of Sept. 30, 1974 agreement] By way of background, the agreement was signed in the context of litigation that was pending at the time between the city and the AATA. It was a lawsuit over the handling of $221,000 in funds dating from 1970. The AATA contended it was entitled to the money, while the city of Ann Arbor administration had claimed the money had been loaned to the AATA and needed to be repaid. So the city had subtracted that sum from the millage money collected by Ann Arbor for the AATA before the money was passed through to the AATA.

Kunselman quoted from the agreement:

11. REPORTING To ensure that council is kept apprised of the AATA’s activities, the AATA will submit to Council at least quarterly a written report indicating its activities to include such key elements as levels of ridership, budget variances and other service level information.

Kunselman noted that the council had not received the specified quarterly reports. According to the agreement, Kunselman said, the council is also supposed to receive the AATA’s proposed budget for review by April each year. ["The proposed budget should be submitted to the City council by April 1 each year unless a change in dates is necessitated by federal or state requirements."]

Kunselman also said that the last audit he was able to find posted on the AATA website dated from 2009. Kunselman said he was particularly interested in ridership information on the express buses from Canton and Chelsea. He wondered how many Ann Arbor residents ride those buses from Ann Arbor out to Canton and Chelsea – even though $100,000 of millage money is used to support the service. He noted there’s no purchase of service agreement (POSA) with Canton or Chelsea. He wondered if the AATA is running empty buses out to bring back commuters? Kunselman asked that city administrator Steve Powers contact the AATA and get the required information.

Transportation: AATA Board Appointment – Gott

Added to the agenda on the afternoon of the Feb. 21 meeting was a nomination of Sue Gott to replace Rich Robben on the board of the Ann Arbor Transportation Authority. Gott has served as the University of Michigan’s university planner since September 2002. She has also served as an adjunct professor with UM’s Taubman College of Architecture and Urban Planning. In the private sector, she was a senior planner at the consulting firm JJR Inc.

Gott is described in her standard bio as a “third generation Ann Arborite.” She is a 1982 graduate of UM.

Robben, whom Gott would replace if her nomination by mayor John Hieftje is confirmed by the Ann Arbor city council, is also a high-level UM administrator, serving the university as executive director of plant operations. Robben resigned from the AATA board late last year, a bit less than a year into his second term, but served on the board through last month’s Jan. 19, 2012 board meeting.

Robben’s departure from the board was the second in two months – the city’s former public services area administrator, Sue McCormick, attended her last AATA board meeting on Dec. 15, 2011. Her replacement on the board is Eli Cooper, the city of Ann Arbor transportation program manager. Cooper’s replacement was controversial for some city councilmembers, because he is an employee of the city of Ann Arbor, as was McCormick.

Kunselman asked for clarification regarding the dates for Gott’s term. He felt that Gott should be serving out the remainder of Robben’s term, not starting a new term. AATA board terms are stipulated in the AATA articles of incorporation as five years, with resignations replaced with an appointment to fill out the remainder of a term. The end of Gott’s term, accordingly, should be May 2, 2016.

Transportation: Train Station Location

During council communications, Mike Anglin (Ward 5) noted that a group of councilmembers received an email from a resident reacting to the changes in status for the proposed Fuller Road Station. Given that the MichCon site (on the west bank of the Huron River, across from the new dam bypass that the city has constructed alongside Argo Dam) is about to be cleaned up, Anglin said that the existing train station location should be examined more attentively. The existing station location, he said, could be offered as an alternate location to the proposed Fuller Road Station site.

Anglin said there’s an opportunity for more discussion, and that as a member of the city’s park advisory commission he would bring this up. If the MichCon site were used, there would be no parkland involved – as there was with the Fuller Road Station site, which was proposed on land that’s part of Fuller Park.

Councilmembers Stephen Kunselman (Ward 3) and Mike Anglin (Ward 5).

Mayor John Hieftje indicated that the council would have another conversation about the Fuller Road Station as they accept the $2.8 million in federal grant funding to undertake a study related to the project. The Wolfpack has been working on the cleanup, Hieftje said. [The Wolfpack is a conservancy group associated with the National Wildlife Federation, co-founded by local attorney and former Clinton advisor Paul Dimond and retired Ford executive Ray Pittman.]

The MichCon property being cleaned up is right next to the river, Hieftje said. It’ll be a new park and will have a view of the new whitewater feature. One of the problems is that the current Amtrak station site is in the floodplain, and is not considered a good place to make an investment. As far as using that location for commuter rail, Hieftje said, the current location is not the final destination for anyone.

Sabra Briere (Ward 1) invited Anglin to join her on a walkthrough of the general area of the train station and MichCon site. There would need to be infrastructure improvements in order for the site to be serviceable as a commuter rail center. She allowed that the landscape is not terrifically hospitable, but pleasant enough if you pick a decent way.

In her most recent update to constituents, Briere has solicited feedback on the location of a train station and has suggested the following constraints:

• The land should already belong to the City. Land acquisition is expensive, and I’d prefer to talk about alternatives that are feasible.
• The land ought to be really close to the railroad tracks, and in order for the train to stop at the station, the tracks should be straight and not curved at your preferred location. The rule of thumb is 800 feet of straight tracks.
• The site should allow for sufficient on-site parking as well as the construction of a building.
• The surrounding infrastructure should be able to bear additional traffic, including bus traffic. The existing train station sits on the flood plain; Depot Street gets as much as a foot of water across it during heavy rains. Flood issues, traffic patterns, stop lights, and surrounding (close) residential areas should also affect your choices.
• The cost of construction should require (in your mind) an acceptable investment.

Introduction of New Judge: Joe Burke

On Feb. 15, 2012 Michigan Gov. Rick Snyder appointed Joe Burke to fill the judgeship on Ann Arbor’s 15th District Court, filling the vacancy left by Julie Creal, who resigned last year for health reasons.

Joe Burke, newly appointed judge on Ann Arbor's 15th District Court.

In Michigan, district courts handle civil cases where the disputed amount is $25,000 or less, small claims cases where the disputed amount is $3,000 or less, landlord/tenant disputes, criminal and traffic misdemeanors punishable by less than a year in jail, issuance of arrest or search warrants, Ann Arbor city ordinance violations, traffic and state civil infractions, and University of Michigan regents violations. The 15th District Court also handles the preliminary examinations for the 22nd Circuit Court.

At the city council’s Feb. 21 meeting, Burke was introduced to the council by chief judge of the court, Libby Hines. She told the council that judge Chris Easthope, a former councilmember, was unable to attend the meeting to make the introduction.

Hines told the council that she’s known Burke for many years. He’s practiced law in Ann Arbor for 30 years, she said, first in the county prosecutor’s office, then in civil practice for six years, then back to the prosecutor’s office when Washtenaw County prosecutor Brian Mackie invited him to serve as his chief assistant. Hines said she knew that Burke was already very honorable, but would officially gain that title at his investiture on March 16.

Joe Burke (third from front or back) at a rehearsal for the Ypsilanti Community Band in November 2008.

In his brief remarks to councilmembers, Burke told them that he was really excited about serving as judge. He said that during the interview process, when he was asked why he wants to be a judge, he’d answered that he did not just want to be a judge – he wanted to be a 15th District Court judge. He said that Hines, Creal and Easthope have together put together a wonderful set of programs – the street outreach program, the sobriety court, the designated domestic violence docket – things that other courts aren’t doing. Those programs make it a nationally recognized court, he said.

Burke told the council it’s like being traded to the Yankees – unless you’re a Red Sox fan, in which case it’s like being traded to the Red Sox. He said he was very humbled and honored to be able to serve the city that he loves, where he’s lived – in Ward 5 – for the last 23 years.

Chronicle readers may also be familiar with Burke as a trumpet player in the Ypsilanti community band – now known as the Washtenaw community concert band. At the April 20, 2011 meeting of the Washtenaw County board of commissioners, Burke delivered remarks to the board when the long-time conductor of that group, Jerry Robbins, was honored.

Emergency Management Director

The council was asked to consider the appointment of Rick Norman as the city’s emergency management director and to approve the line of succession to that position. Norman has previously held positions with the American Red Cross and with Ionia County in a similar capacity. [To be clear, this is a position with responsibilities for developing plans and implementing contingencies for manmade and natural disasters; it's not an emergency financial manager position.]

Rick Norman, Ann Arbor's new emergency management director.

The line of succession to the position is: Sgt. Edward Dreslinski, Mary Joan Fales (assistant city attorney), Lt. Myron Blackwell, Matthew Schroeder (Ann Arbor firefighter), Andrew Box (Ann Arbor firefighter) and Matt Naud (environmental coordinator).

Fales introduced Norman to the council, mentioning that in addition to his experience, he’s attained certification as a licensed instructor. He’ll be working on the city’s new emergency preparedness plan. Norman described himself in the “assimilation phase” – he’s meeting people and starting to attend meetings.

From what he’s seen so far, he said, the city has a good solid emergency preparedness program. The people he’d met so far are well-trained and well-equipped, he said, and also dedicated to what they’re doing.

Outcome: The council unanimously approved the appointment of Rick Norman as emergency management director.

Ann Arbor OKs Accounting Help

The council considered an amendment to an existing employee contract for extra help in the financial services area as the city heads into peak season for preparations to finalize the fiscal year 2013 budget. FY 2013 begins on July 1, 2012.

The existing contract with Diane Koski started May 2, 2011 for $23,400. The amendment extends the contract for an additional $15,600 for a total of $39,000. She is paid for actual hours worked at a rate of $15 per hour. The staff memo accompanying the resolution indicates that the financial services unit needs the extra assistance due to a resignation in accounting services.

Outcome: Without discussion, the council unanimously approved the amendment to the contract with Diane Koski.

Legal Services Contract

The council considered a $50,000 contract for legal services with Stevenson Keppelman Associates, an Ann Arbor firm. The contract will cover work related to pension and retiree health care issues. It will be paid out of the city’s risk fund.

During the brief deliberations, Jane Lumm (Ward 2) said that Stevenson Keppelman specializes in these services and it’s being paid from the risk fund, which is an appropriate source. She wondered why this was not included in the original budget request for the city attorney’s office.

City attorney Stephen Postema replied that it was not a part of the attorney’s budget, but that chief financial officer Tom Crawford could explain. Crawford explained that the city has legal expenses through the attorney’s office but also associated with the risk fund. Money was budgeted for the work, but the scope has evolved to include changes that the city is making to its retiree and health care ordinances, he said.

Outcome: The council unanimously approved the legal services contract with Stevenson Keppelman.

Water Treatment Equipment

The council considered a $139,000 amendment to an existing contract with E & L Construction Group Inc. to repair and paint key facilities at the city’s water treatment plant. The specific items needing their structural steel components repainted are clarifiers. A clarifier settles particles out of fluid.

During the brief deliberations, Jane Lumm (Ward 2) asked water treatment services manager Molly Wade why the amendment was for so much – 40% of the original contract. Wade explained that conditions turned out to be worse than expected. Also, she said, the amount of mill scale was not known. The project had also been delayed due to the weather – during 2010 it had rained a lot.

Outcome: The council unanimously approved the contract amendment with E & L Construction Group.

Chelsea IT Agreement

Pulled out of the consent agenda by Jane Lumm (Ward 2) for separate consideration was an item authorizing the extension of a $32,000 annual agreement with the city of Chelsea for Ann Arbor to provide information technology (IT) services. The agreement covers basic IT services – helpdesk, management of Chelsea’s website, server hosting, backup and recovery, overseeing IT contractors, and project management.

Lumm said she certainly supports the collaboration between Chelsea and Ann Arbor, but just wanted to confirm that the $32,000 reflects full cost recovery for the city. Dan Rainey, head of IT for Ann Arbor, confirmed that the city is recovering its full costs.

Mike Anglin (Ward 5) asked if there’d been requests from other municipalities for IT services to be provided by the city of Ann Arbor. Rainey indicated that the city certainly worked closely with Washtenaw County. Sometimes the county isn’t the best fit for another community, and the city can provide some value for them. Anglin said that the IT agreement shows regional cooperation and that’s important.

Outcome: The council unanimously approved the IT contract with Chelsea.

Clean Air Promise Campaign

The council considered a resolution expressing its support for the educational efforts of the Clean Air Promise Campaign and to support clean air policies and “other protections that scientists and public health experts have recommended to the U.S. Environmental Protection Agency to safeguard our air quality.”

Ward 1 city councilmember Sandi Smith (standing) talks with Shirley Axon and Nancy Schewe of the Ann Arbor League of Women voters before the Feb. 21 council meeting.

The Clean Air Promise Campaign is a nationwide effort to protect the health of children and families from dangerous air pollution.

One of the co-sponsors of the resolution, Sandi Smith (Ward 1), told The Chronicle in a phone interview the week before the meeting that the resolution is not intended to supplant the possibility of enacting an ordinance that would regulate the unnecessary idling of vehicles in the city.

The Feb. 21 resolution was co-sponsored by Margie Teall (Ward 4) and mayor John Hieftje.

Shirley Axon and Nancy Schewe of the League of Women Voters of the Ann Arbor Area attended the meeting, and thanked the council for their support.

Outcome: The council unanimously approved the resolution in support of the Clean Air Promise.

Street Closings

At its Feb. 21 meeting, the council considered street closings for several upcoming events. The street closings each had separate resolutions, but they were combined at the request of Marcia Higgins (Ward 4) at the start of the meeting.

Of the events, only the marathon is new this year. In chronological order:

• Box Cart Race/Soap Box Derby (Saturday, March 24, 2012)
• Take Back the Night Rally and March (Thursday, April 5, 2012)
• Monroe Street Fair (Saturday, April 7, 2012)
• Taste of Ann Arbor (Sunday, June 3, 2012)
• 12th Annual Mayor’s Green Fair (Friday, June 8, 2012)
• Tour de Kids Competitive Bike Race (Sunday, June 10, 2012)
• Ann Arbor Marathon (Sunday, June 17, 2012)
• Rolling Sculpture Car Show (Friday, July 13, 2012)

On the Ann Arbor Marathon, Mike Highfield addressed the council. He’s the president and CEO of Champions for Charity, the LLC that is organizing the event. Highfield noted the council had approved road closings for another Champions for Charity event a few weeks earlier – the Big Heart Big House run. [By way of additional background, Champions for Charity is also now providing the race direction for the Ann Arbor Track Club's Dexter-Ann Arbor Run. The Dexter-Ann Arbor Run, on June 3 this year, comes two weeks before the June 17 Ann Arbor Marathon date. The invitation on the website for the marathon – "Be part of a new running tradition in Ann Arbor!" – works as an implicit acknowledgement of the history of the Dexter-Ann Arbor half-marathon event, which has been run since 1974.]

Mike Highfield, president and CEO of Champions for Charity, which is organizing the Ann Arbor marathon.

Highfield told the council that the Ann Arbor police department and the Ann Arbor Transportation Authority had been very helpful in coordinating the logistics of the route. He noted that $6 of every entry fee goes to the support the Ann Arbor Public Schools Educational Foundation. As of 5:30 p.m. that day, 715 people from 26 states had signed up so far. [The marathon event is limited to 2,500 entrants.]

Wendy Correll, executive director of the AAPSEF, and Christy Perros, AAPSEF board member, also briefly addressed the council. Correll sketched out the mission of the AAPSEF, which in part provides support for the public schools that goes beyond the mandated curriculum. She also highlighted the fact that it’s not only a marathon that will be contested – the event includes a half-marathon, a 5K and a 1.2 mile run for young kids. Perros described how she’d thought her first marathon would be in Chicago – but now it will be in her hometown of Ann Arbor.

Communications and Comment

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

Comm/Comm: Homelessness

Mary Kate Bachler introduced herself as an undergrad student in the University of Michigan school of architecture and a resident of Ann Arbor. She said she was grateful to have the opportunity to speak in the interest of her community and in support of the efforts of Imagine Warming Centers. She was prompted to come address the council, she said, because of some remarks that mayor John Hieftje had said, on the topic of the 100 units of affordable housing that previously existed at the old YMCA at the corner of Fifth and William. Bachler responded to Hieftje’s contention that having affordable housing units dispersed around town – as opposed to concentrated in one place –would be better. Better for whom? she asked. How would a lack of a sense of community among those who are directly affected by poverty and addiction to help them make the difficult transition from homelessness to a home?

Bachler said Hieftje had reported meeting with representatives of the Washtenaw Housing Alliance, PORT, Dawn Farm and others to discuss the need for a warming center. How many homeless people have you met with thus far? she asked. Bachler said she’d come to realize there’s already a thriving, beautiful and talented community out there fighting for their lives this winter. If there are people who would prefer to be left out in the cold, as Hieftje had implied, she wondered why that might be the case? She said that it was careless to dismiss that reaction as a problem of those who need shelter, instead of acknowledging that it indicates a problem with institutions.

Bachler urged councilmembers to look past the stigmas of homelessness, and realize that we’re all residents of Ann Arbor and the council is supposed to represent everyone. She said she felt that city councilmembers have the means to make a positive change in Ann Arbor but did not do it. She asked them if they would continue to provide scapegoats on the issue of homelessness or take a risk to effect social change.

Mary Conway thanked the council for letting her come back to speak about the homeless in Ann Arbor. They’re unseen and for the most part unheard, she said. As a resident at the Delonis shelter, she said, she could attest that there are engineers, broadcast technicians, cosmetologists – employable people who are not all drug addicts and alcoholics. She said she was sorry that the newly-appointed judge, Joe Burke, and the executive director of the getDowntown program, Nancy Shore, had not stayed at the council meeting to hear a representative of the homeless community speak. [Shore had given a presentation earlier in the meeting about the getDowntown program.]

The homeless are a part of Ann Arbor and a big part of the ridership of the AATA, Conway said. They should be included in transportation use surveys – they influence others who ride the bus. She said we’ve been lucky to have a mild winter so far. But the summers will also be important. The homeless never seem to go away. She said she hoped homeless people could be helped off the street and back into a home.

T.J. Rice told councilmembers that he’d met most of them over the past couple of years – in connection with other issues. That evening, he was there to talk about the homelessness issue. For the last couple of months, he said, he’s been involved in Imagine Warming Centers from the outside looking in. Progress has been made, he said – a meeting had been held with the city administrator and they’d toured the city-owned property at 721 N. Main.

Rice said he had an interest in the issue because he’s been homeless too. He would like to give back something to the same community that has helped him get back on his feet. That morning he went to St. Andrews and on the way out he heard about the possibility that Camp Take Notice was being shut down. [Camp Take Notice is an enclave set up by people who are homeless, located on state-owned property off of Wagner Road.] Where are these people going to go to keep warm? he asked. Ann Arbor is better than that – the very least we can offer is a place to keep warm out of the cold, Rice concluded.

Comm/Comm: Incremental Approach

Bill Hanna introduced himself as a Ward 2 resident. His main motivation in speaking was to guarantee that his daughter, who was attending the meeting to fulfill a requirement for a government class, would have some public input to observe. He took pains to assure the council that he didn’t want to disrespect the other speakers who’d addressed the topic of homelessness, as his remarks were more lighthearted. He addressed the general issue of how the council brings new ideas forward, citing the example of the new crosswalk ordinance or the discussion about the possibility of enacting an ordinance to regulate unnecessary idling.

Hanna advised councilmembers that smaller incremental steps are better than the council’s current approach, which he characterized as “one shot,” attempting to achieve all-encompassing solutions that would never be changed or modified. No new system is built in one step, he said – a good design that’s been implemented has the flexibility for change after it’s been put in place. By proceeding incrementally, he said, the council would still get feedback. That way they could see what people are thinking. Currently, he said, the council risks the perception that what they’re doing is another crazy idea from the mayor and council that the city has to follow. It would work better, he said, if people felt like they were part of the process, and their suggestions were taken into account.

Comm/Comm: Crosswalks

Jane Lumm (Ward 2) said that, because Hanna had brought it up during his public commentary, she wanted to alert the council to her desire to look incrementally at some of the crosswalk locations in the city. She reported that there have been a couple of accidents at crosswalks in Ward 2 – one involving three cars and another one involving a pedestrian and a car. She told the other councilmembers that she’d be sending them more information.

Comm/Comm: Graffiti

Sabra Briere (Ward 1) said that many residents have noticed the city has an issue with graffiti that it is “not able to conquer.” She allowed that it’s frustrating. What she’d learned is that the city does clean properties, but the cleaner only works above 40F. And while it’s been a mild winter, it’s not been that mild. For residents who are impatient, she said, she joined them in their impatience. The city will be working on cleaning graffiti in March or April, depending on the weather.

Comm/Comm: Republican Primary, Council Races

Thomas Partridge addressed the topic of the presidential primary election to be held on Tuesday, Feb. 28. He called on the public to turn out and vote Democratic, because the eyes of the media are watching. We need state Democrats to stand up for progress, he said, including the fundamental civil right of having a place to live.

Later, at the second public commentary time at the conclusion of the meeting, Partridge indicated that he had been a candidate for city council in the past and may be a candidate for a city council seat or for mayor. He complained that the council rushed through its meeting as though it was being held on the night of something important like the Super Bowl. [The council's meeting on Feb. 21 concluded in just over two hours – about half as long as a typical meeting.] The council would be better advised to promote an open democratic process and to sever all conflict-of-interest ties, he said. No councilmembers should serve on related boards like the Downtown Development Authority, he said.

Mayor John Hieftje later responded to Partridge’s comment by noting that the mayor and councilmembers are required to serve on certain boards and commissions.

Present: Jane Lumm, Mike Anglin, Margie Teall, Sabra Briere, Sandi Smith, Tony Derezinski, Stephen Kunselman, Marcia Higgins, John Hieftje.

Absent: Christopher Taylor, Carsten Hohnke.

Next council meeting: Monday, March 5, 2012 at 7 p.m. in the second-floor council chambers at city hall, 301 E. Huron. [confirm date]

The Chronicle could not survive without regular voluntary subscriptions to support our coverage of public bodies like the Ann Arbor city council. Click this link for details: Subscribe to The Chronicle. And if you’re already supporting us, please encourage your friends, neighbors and colleagues to help support The Chronicle, too!

Rezoning changes the city’s ordinances, thus requires an initial approval by city council (first reading) followed by a final vote at a subsequent meeting.

The nonprofit society is a University of Michigan student and alumni club, focused on nature and the outdoors. Named for French-Canadian voyageurs of the Great Lakes fur trade, it was founded in 1907 and is one of the university’s oldest fraternal student groups. The lodge was built in 1925 – about the same time as the city’s first zoning ordinance and zoning map. Five student members live at the lodge, and society alumni gather there for potluck Sunday dinners from September to April.

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

Looking north from Mosley at the site of the proposed 618 S. Main apartment complex. The former Fox Tent & Awning building will be demolished. Ashley Street runs to the left of this photo, and borders the Old West Side historic district. (Photos by the writer.)

The 618 S. Main project is an apartment complex geared toward young professionals, according to developer Dan Ketelaar. The 7-story building would include 190 units for 231 bedrooms, plus two levels of parking for 121 vehicles.

The project borders the Old West Side historic district – the board of the Old West Side Association submitted a letter of support for the development. Parking and traffic concerns were raised by some commissioners, but the project received praise for its design and its potential to enliven that part of the city. The planning staff had recommended approval.

Two other projects gained approval from commissioners at their Jan. 19 meeting. Rezoning and a site plan for a small addition to the Habe Mills Pine Lodge – owned by the Society of Les Voyageurs – will move forward to the city council with a recommendation of approval. The lodge is adjacent to city parkland near Argo Pond, and had been erroneously zoned as public land.

The commission also signed off on a special exception use at 3645 Waldenwood, which would allow an accessory apartment to be added to the single-family house there. It’s located in the Earhart Estates neighborhood, west of Earhart and south of Glazier Way, in the city’s northwest side.

Several commissioners expressed support of this project and for accessory units in general. “Accessory dwelling units can be an asset to our community and I hope we see more in the future,” said commissioner Erica Briggs.

618 S. Main Apartments

The main item on the Jan. 19 agenda was a resolution to approve the site plan and development agreement for 618 S. Main – a major new residential project near downtown Ann Arbor.

The planned project is located at the site of the former Fox Tent & Awning building, north of Mosley between Main and Ashley. It borders properties in the Old West Side historic district, but is not in the district itself. The proposal calls for demolishing two existing structures and erecting a 7-story, 153,133-square-foot apartment building with 190 units for 231 bedrooms.

The building would contain 70 studio apartments, 70 one-bedroom units, 42 two-bedroom units, and 7 duplex units with 1 bedroom each. The proposal is slightly modified from details discussed at a Nov. 11, 2011 neighborhood meeting about the project, hosted by the developer, Dan Ketelaar, and his design team – one of several public forums regarding the project.

618 South Main facade, facing west from Main Street. (Links to larger image)

Underground parking would include 121 vehicle spaces – including two spaces for a car-sharing service like Zipcar – and 89 bicycle parking spaces. Other proposed features include solar panels installed on the roof to help heat water for the building, and a private open space on the west side of the building with an outdoor pool and pool deck, a pool house/rental room, two fire pits, three rain garden/bio-retention areas, landscaping areas and patio areas made of porous pavement. The developer has agreed to make a $117,800 contribution to the city’s parks system, in lieu of providing dedicated parkland on the site.

The building as proposed would be 85-feet tall – 25 feet higher than permitted in the D2 zoning district in which the site is located. Planned projects allow for some flexibility in height or setbacks, in exchange for public benefits. They don’t allow as much flexibility, however, as a planned unit development (PUD).

The project was evaluated by the city’s design review board. According to a staff report, the board found that the design generally adhered to the downtown design guidelines. Some modifications were made to the design in response to the board’s suggestions – for example, the portion of the building along South Main Street was stepped back five feet above the third floor and 10 feet above the sixth floor, to enhance the pedestrian experience along the west side of South Main.

618 S. Main Apartments: Public Hearing

Six people spoke during a public hearing on the project, including developer Dan Ketelaar and two representatives from his design team. Another speaker weighed in on the project at the meeting’s final public commentary slot.

Andrew Lineberry said he lived nearby on Hoover and walked by the 618 S. Main site frequently. He told commissioners that he’d originally planned to go to a talk that night at the Gerald R. Ford Library, but instead decided to attend this meeting to express his dismay over yet another tall building being constructed downtown. It will cast shadows and block the sky for others in the neighborhood, he said. Lineberry said he doesn’t believe people want more tall buildings. He hasn’t spoken out against other projects, because they haven’t been in his neighborhood, he said. But now, he felt he needed to let people know that it bothered him.

Barbara Murphy introduced herself as vice president of the board for the Old West Side Association. She referred to a letter that had been sent to the commission, signed by all board members. Their opinion is quite positive, she said. It’s a project that will bring life to the neighborhood by adding residents. It will clean up a brownfield area, and install rain gardens to deal with stormwater runoff. The increased density in that area is a good thing, Murphy said, and could lead to more retail. The association is also pleased at the amount of parking that will be part of the development, so that residents of 618 S. Main won’t be parking along the streets.

The association regretted that the project would displace existing businesses at that location. [Three businesses – Delux Drapery, Overture Audio and Ivory Photo – are located in buildings that will be demolished.] Murphy strongly encouraged the city to come up with a plan for the Main Street corridor between this site and Ashley Mews, at Main and Packard. The 618 S. Main project would provide an anchor, she said, and there’s potential to work with the Ann Arbor Downtown Development Authority on streetscape improvements. A large tech company is moving into the former Leopold Brothers location that’s nearby, she noted, and this new apartment complex could help lead to a revitalization the entire South Main corridor.

This is a case in which the city’s development process worked, Murphy said. The developer held more than the required number of citizen participation meetings, including one for the Old West Side Association that was attended by about 40 people, she said. There have been a few negative comments, Murphy concluded, but overall the feeling is that the project will be good for the neighborhood.

Ray Detter said he represented the Downtown Citizens Advisory Council and a coalition of eight neighborhood groups in the city. He said he’d attended four public meetings about the project, and had watched it take shape based on feedback from the public and from the design review board. It’s a well-designed gateway building that will replace a blighted site, Detter said, giving 20- to 30-year-olds a place to live downtown. Detter pointed to a range of other benefits, including more open space, parking, and stormwater treatment. He noted that the project’s design team added a major entryway to reinforce the urban corner at Mosley and Main. The Main Street corridor along that stretch could be improved using a portion of the tax increment financing (TIF) funds that will be collected by the DDA, he suggested. Overall, the community will benefit from this development, Detter said.

Detter also reflected on the city’s design review process. When the Varsity project was going through the city’s planning approval process, he said, planning commissioners seemed uncertain about whether they could comment on the building’s design. “We feel strongly that you can,” Detter said. Otherwise, he added, what’s the point? [The Varsity is another planned project, which was approved by city council in November 2011 despite criticism by Detter and others regarding its design. It consists of a 13-story apartment building with 181 units at 425 E. Washington, between 411 Lofts and the First Baptist Church.]

The process for 618. S. Main was better than it was for the Varsity, Detter said, and he hoped the process would continue to get better. He also hoped the commission and then city council would approve 618 S. Main.

Three representatives of the 618 S. Main project also addressed the commission. Developer Dan Ketelaar said his office has been located on South Ashley for more than 20 years. This development is literally two blocks from downtown – that has allowed his team to create something that’s difficult to do elsewhere, he said. On the east side of the site is commercial, on the west is a residential historic district. Washtenaw Dairy, which is well known and loved, is just down the street, he noted. Ketelaar described how the project’s original design – which conformed to the site’s D2 zoning – didn’t fit within this context. It overwhelmed the area.

Ketelaar went on to describe some of the attributes of the proposed design, and how the building’s features – such as a large common “living room” area on the main level – are designed with the young professional in mind. He and his team have been working on the project for over a year, Ketelaar said, and have gotten input from many people, including neighbors. It was an elaborate design process with several public forums, in addition to the design review board. They tried to be as sensitive as they could, he said.

Ketelaar also highlighted aspects of sustainability on the site, such as the proposed rain gardens. He noted that sustainable design is no longer just an add-on. Overall, he said he’s asking to do a planned project for only one reason – the height limit.

From left: Matt Kowalski and Alexis DiLeo of the city's planning staff; planning commissioners Bonnie Bona and Eleanore Adenekan; Ann Arbor resident Andrew Lineberry, who spoke during public commentary at the Jan. 19 meeting.

Mike Siegel of VOA Associates – the Chicago-based architecture firm that’s working on this project – described several key differences between the original design and the current proposal. [For details, see previous Chronicle coverage: "Public Gets View of 618 S. Main Proposal"] He talked about the public benefit that the project brings, citing the large open space courtyard off of Ashley, the wide landscape buffer on the Main Street side, and almost double the amount of required parking. Siegel also noted that the design was changed in response to feedback from the design review board. An entry tower was added on Main Street, and the corner of the building at Main and Mosley was strengthened. The changes reflect how the design evolved through collaboration with the review board, the community and planning staff, he said.

Shannan Gibb-Randall – a landscape architect with Insite Design Studio, the Ann Arbor firm that also built the new rain garden in front of city hall – reviewed details of the site’s landscaping and stormwater treatment. The open space off of Ashley will have fire pits, a place for raised vegetable beds and other amenities, she said: “This is going to be the backyard for people who live here.” She noted that the site is designed to take 100% of the runoff water from the site and direct it into the ground – that’s 990,000 gallons of water that won’t be flowing into the Allen Creek drain and on toward the Huron River, she said.

In the public commentary time at the end of the meeting, Don Wortman of Carlisle/Wortman Associates – which is co-owner of South Main Market across the street from the proposed project – said he welcomed the development but had concerns over its height, as well as traffic and parking issues. He noted that his office is located across the street from the project, in the South Main Market complex. In the context of the neighborhood, the development is too tall, he said. The next tallest building in that area is only three stories high – you have to go all the way to Ashley Mews, at Main and Packard, to find a similarly tall structure, he said.

Regarding traffic, Wortman said he observes numerous accidents along that part of Main Street. A left turn from northbound Main into the building’s underground parking would be a problem, and he hoped the traffic engineers examined that. It becomes a real choke point, and cars travel fast along that stretch.

The final issue Wortman raised was parking. There are problems with parking at South Main Market, he said – some University of Michigan employees use the lot instead of paying for parking, and there’s insufficient parking for the market’s tenants and customers. They’ve had to lease parking spaces at a nearby Fingerle Lumber lot, he said. Wortman said he’s worried that students living at 618 S. Main will park at South Main Market – it’s a serious issue, he said, and he hoped that the city council would address it.

Dan Ketelaar responded to Wortman’s commentary. Regarding the issue of turning off of Main Street, he noted that the same concern could be stated for southbound vehicles turning into South Main Market. As for parking, people generally just need to be told that they can’t park there, and they won’t do it, he said. Ketelaar told commissioners that his team would work with South Main Market to make sure that parking isn’t a problem.

618 S. Main Apartments: Commission Discussion

Questions from commissioners covered a range of topics, with many of their comments focused on design, parking and traffic issues. This report organizes their discussion thematically.

618 S. Main Apartments: Commission Discussion – Design

Bonnie Bona began the discussion by responding to Ray Detter’s concerns over the planning commission’s stance on design review. Having a public conversation about a project’s design is important, she said. The commission absolutely should talk about design, Bona said. But she was confident that the commission has no authority to deny a project based on its design.

Bona said she was glad that the architect had shown drawings of the original design, which conformed to D2 zoning. When considering whether to approve a planned project with a building taller than zoning allows, the question is whether the design fits the site better. The project is at the southern edge of the D2 zoning district, but most of the building height is along the northern and northeast part of the site. So the height doesn’t bother her from that perspective, Bona said.

Bona asked about the streetwall along Ashley. In some of the drawings it looks like a gated community, she observed, adding that she didn’t think that was the intent of the design.

Shannan Gibb-Randall, the project’s landscape architect, said that Jeff Kahan of the city’s planning staff had raised the same concern, so they’ll revisit that design. She described the grade change there as strange – it rises very quickly, and the level of the courtyard is quite a bit higher than the sidewalk. When they designed the streetwall, they were thinking of it from the perspective of the residents, not the pedestrians, she said. They can change it, though there are certain height requirements necessary to contain the rainwater, Gibb-Randall noted.

Evan Pratt said he still wasn’t sure he understood what the streetwall would look like, saying it sounds goofy. But that’s good for Ann Arbor, he added – the city needs more goofy things.

Kirk Westphal asked what the distance is between the building’s Main Street tower entrance and the building’s northern edge. The entire side that fronts Main Street is about 290 feet, said Mike Siegel, the project’s architect. The tower is located at about the midpoint on that facade. Westphal pointed out that D2 zoning requires articulation every 60 feet. This proposed design includes a section with more than 100 feet that’s non-articulated, he said. There are worse examples in downtown buildings, Westphal noted, but he wondered how this design passed muster in that regard.

Kahan noted that Chapter 55 of the city code now includes design provisions related to articulation. [Table 5:20:10 in Chapter 55 addresses this issue – it's a chart of building "massing standards" in the downtown character overlay zoning districts.] The maximum “modular length” for an non-articulated facade is 66 feet, he said, but the code is less clear about what “modular” means.

Chapter 55 describes three ways to create distinct spaces on a facade – that is, to provide articulation: (1) by altering the surface plane – with setbacks, for example; (2) by changing materials; and (3) by changing textures. When staff looked at the 618 S. Main design, Kahan said, they determined that the building included materials to delineate spaces – windows between columns on the building served that purpose, and broke up the facade. Regardless of this project, he added, the code needs to be clearer.

Westphal said he personally enjoys the building’s industrial aesthetic, but it seems that the city is giving the developer a pass simply because bricks are being used. He was concerned about setting a precedent.

Pratt felt that the building’s inset along that Main Street facade provided variation, as did the large windows. If the windows had been small, he added, he wouldn’t have felt the same way. He agreed that they should clarify the city code.

In general regarding the project’s design aesthetics, Pratt said he was glad to see the changes between the original design and the proposed project. The process that the design had been through was appropriate, he said. Pratt noted that not many people were attending the meeting that night, “and that’s a good sign” – a reference to the fact that if a project is controversial, people turn up to speak during public commentary. If the city had 10 projects that worked this well, it might be possible to say that mandatory compliance isn’t needed, he said. [Currently, it's mandatory for projects to go through a design review process, but compliance with suggested design changes is voluntary.]

Wendy Woods asked if the entrance off of Ashley would be open to the public. She also questioned whether the pool in the courtyard would be accessible, indicating some concern for the safety of children in the neighborhood. Ketelaar replied that the courtyard will serve as a backyard for the building’s residents – it’s not open to the public. The area will be walled off, which will act as a deterrent to keep people out who don’t live there, he said. But for residents, the Ashley entrance will be a main one. He said he wasn’t sure how the entrance would be accessed – perhaps by a swipeable key card.

618 S. Main Apartments: Commission Discussion – Parking

Kirk Westphal noted that some people have cited the amount of parking – about double the number of required spaces – as a public benefit. He indicated that he and others might not share that view. Will a parking space be included in the rent for each unit? he asked. Mike Siegel, the project’s architect, said there would be an additional charge for parking.

Westphal asked Jeff Kahan of the city’s planning staff whether that parking rental arrangement has ever been written into the development agreement. Not to his knowledge, Kahan replied.

Developer Dan Ketelaar weighed in, saying that if it were up to the design team, there wouldn’t be any parking in the project. But there’s demand for parking, and it’s what the neighbors want too, he said. The plan calls for including spaces for a couple of Zipcars, he said. It’s very expensive to build underground parking, he added. Surface parking could have been designed in place of the courtyard, he said, but that wouldn’t be the best design.

Westphal acknowledged that it’s always a struggle between providing parking, especially underground, or having lower rents and no parking. Parking is being subsidized, one way or another, he said, and that’s legal.

Wendy Woods noted that sometimes when residents of an apartment building are charged for parking, they look for free parking in the neighborhood. Are there any restrictions on that? Kahan replied that there are some restrictions, but residents of the neighborhood can get residential parking permits. He wasn’t sure if residents of 618 S. Main would be able to purchase such permits, however – he said he’d look into that.

Diane Giannola said she was concerned about guest parking. Is there any accommodation for that – if someone has weekend guests, for example? No, Ketelaar said. That’s something the design team didn’t consider.

Giannola cautioned that if the rental of parking for the building is too high, residents will buy residential parking permits instead – if the city allows that. It will force people into parking in the neighborhoods, especially for younger residents of the building, she said.

Ketelaar replied that this will be a learning experience for everyone. There’s always a concern about charging too much or too little for parking, he said. The cost of owning a car is about $5,000 to $7,000 a year, he said, so it’s much cheaper to just walk downtown, or use a Zipcar or public transportation. Ketelaar said he hopes to encourage that.

Giannola wondered if one of the parking levels could be converted into something else, if the demand for parking doesn’t materialize. Ketelaar noted that the parking spaces will be available for community members to lease too – the spaces are not just for residents of the building.

Evan Pratt noted that if this were a by-right project, no parking would be required at all. In this case, it’s included as a premium as part of the planned project. Because there are far fewer parking spaces than one per unit, he noted, in some ways the developer is taking a risk, in light of market forces. Pratt said the developer is trying to respond to community concerns, and Pratt hoped it would work out.

Bonnie Bona said she hoped that residents of 618 S. Main would not be allowed to purchase residential parking permits. The building is located in a D2 zoning district, not a residential district, she said.

Woods disagreed with Bona. When you move into a neighborhood, you become part of its fabric, she said. Referring to the letter of support from the Old West Side Association, Woods noted that the association is viewing this project as an anchor to the neighborhood. She didn’t think the city should make a distinction based on the zoning district.

Responding to a question from Woods, Ketelaar explained that there will be two entrances to the parking levels – one entrance off of Main, another off of Ashley, going to an underground level. The two garages aren’t connected, he said.

618 S. Main Apartments: Commission Discussion – Traffic

Dan Ketelaar clarified for Wendy Woods that vehicles exiting onto Main Street won’t be able to turn left onto Main – the vehicles will only be allowed to make righthand turns onto southbound Main. Woods asked Jeff Kahan if a traffic study had been completed.

Returning from president Barack Obama's speech on the morning of Jan. 27, The Chronicle encountered the aftermath of a two-car auto accident on South Main at the intersection with Mosley – one car has rear-ended the other. The site for the 618 S. Main project is in the background. Concerns were raised at the Jan. 19 planning commission meeting about possible traffic problems in this area.

It had, Kahan said. The only proposed modification would be to change slightly  the traffic signal timing at the intersection of Madison and Main, north of the apartment building. Woods said she could imagine traffic backing up there. Backups could also be an issue along northbound Main, as people wait to turn left into the building’s parking entrance.

Eric Mahler echoed Woods’ concerns. He asked Kahan for more information about the traffic study.

Kahan noted that it’s not the planning staff who evaluated traffic issues – the city’s traffic engineers did that. The traffic engineers looked at the major corridors and intersections that are near this development. There will only be about 60 vehicles on each parking level, he said – so only 60 vehicles using the Main Street entrance, and 60 vehicles going in and out of the Ashley entrance.

The traffic study determined that even at peak hours, the volume could be accommodated – assuming that only righthand turns are allowed onto Main Street. All along the Main Street corridor people are making lefthand turns from northbound Main, he noted. The engineers didn’t feel the additional 60 vehicles would make a significant impact.

618 S. Main Apartments: Commission Discussion – Stormwater, Brownfield

Evan Pratt clarified with Shannan Gibb-Randall that there was capacity on the site to absorb the stormwater through infiltration into the ground. Not having runoff is a great public benefit, Pratt said. In general, the public benefits with this project are strong, he said, adding that it hasn’t always been so clear with other projects.

Kirk Westphal said the water runoff is being handled “elegantly,” and that it could also be of educational value for residents.

Tony Derezinski noted that the site includes contaminated soil and that there’s the potential for getting a brownfield designation. Is the project contingent on that?

Dan Ketelaar said that getting the site declared a brownfield – making it eligible for certain tax credits or TIF financing – is an important component of the financing. Armen Cleaners, located across the street at the northwest corner of Ashley & Mosley, is one of the most contaminated sites in the city, Ketelaar said. City staff have asked that Ketelaar look at possibly including the Armen Cleaners site as part of a brownfield plan for 618 S. Main – that’s why he hasn’t yet submitted a brownfield plan, Ketelaar said. His team is working on it with Matt Naud, the city’s environmental coordinator.

618 S. Main Apartments: Commission Discussion – Streetscape Improvements

Bonnie Bona raised the issue of the developer’s $117,800 contribution to the parks system, in lieu of providing dedicated public parkland. Dan Ketelaar has requested that the funds be used for street improvements on Main Street, between Mosley and William. Noting that the pedestrian experience along that stretch isn’t pleasant, Bona said she’d like to stipulate that the funds would be used for streetscape improvements, and she wondered if that could be written into the development agreement.

Jeff Kahan said that staff has been discussing the possible use of this type of contribution for purposes other than parks. The argument is that recreation in urban settings is different – recreation might involve going to cafes more than tennis courts. But no decision has been made yet regarding how to handle Ketelaar’s request, he said.

Bona endorsed spending the money on streetscape improvements, or putting it toward the proposed Allen Creek greenway. She asked that her comments be forwarded to city council.

Erica Briggs supported Bona’s suggestion. For downtown developments, the city needs to get creative about how the parks contributions are used. Ideas might include pedestrian improvements or public art, she said. It would go a long way toward improving the downtown.

Evan Pratt also agreed with Bona, but said he’d feel more comfortable consulting with the parks staff before making a recommendation. The attitude should be “Let’s make Main Street more park-like,” he said, but the parks system might have other needs.

Eric Mahler said he supports streetscape improvements, but cautioned that there might be unintended consequences. For example, if more pedestrians start using that stretch of Main Street, there will be more conflicts with vehicles going in and out of the parking garage. He hoped there would be sufficient warnings and signals to alert pedestrians – when people are in a hurry, it could be a dangerous situation.

618 S. Main Apartments: Commission Discussion – General Comments

Several commissioners praised the development. Tony Derezinski said it’s unusual to have near unanimity on a proposal like this. The design is creative, he said, and he thanked the developer and staff for their work. Kirk Westphal described the planned project as nearly ideal for this site, and he commended the developer for it.

Directing her comments toward Ray Detter, who was sitting in the audience, Wendy Woods said his statement during the public hearing had been refreshing. It was the first time she could recall him supporting a project.

Outcome: Commissioners unanimously recommended approval of the site plan and development agreement for 618 S. Main. The project now will be forwarded to the city council for consideration.

Rezoning for Society of Les Voyageurs

The commission was asked to consider rezoning of property and a site plan for an addition to the Habe Mills Pine Lodge, owned by the Society of Les Voyageurs. The property owned by the society, at 411 Longshore Drive near Argo Pond, is zoned public land, even though it’s owned by a private entity. The society is asking that the land be rezoned as a planned unit development (PUD), which would allow the group to build a a 220-square-foot, one-story addition to the rear of the existing lodge, on its east side.

Lodge for the Society of Les Voyageurs on Longshore Drive. The lodge faces Argo Pond.

The nonprofit society is a University of Michigan student and alumni club, focused on nature and the outdoors. Named for French-Canadian voyageurs of the Great Lakes fur trade, it was founded in 1907 and is one of the university’s oldest fraternal student groups.

The lodge was built in 1925 – about the same time as the city’s first zoning ordinance and zoning map. Five student members live at the lodge, and society alumni gather there for potluck Sunday dinners from September to April.

Three members of the society spoke briefly during the proposal’s public hearing in support of the changes. The city’s planning staff had recommended approval of the zoning change and site plan.

Rezoning for Society of Les Voyageurs: Public Hearing

Three people spoke during the public hearing for the project. Jim McNair and Mark Doman introduced themselves as members of the society. They both thanked the city planning staff – specifically citing Alexis DiLeo – for walking them through this complicated process and helping to resolve the issues that arose. McNair said it had been helpful to meet with commissioners last year at a working session to informally discuss the project – that’s a great process, he said.

John Russell also identified himself as a member of Les Voyageurs, and said he had purchased his home on Longshore Drive so that he could be close to the lodge. He fully supported the proposed changes.

Rezoning for Society of Les Voyageurs: Commission Discussion

Evan Pratt pointed to a section of the draft development agreement that specifically stated the permitted principal uses of the site: “The headquarters of the Society of Les Voyageurs, an organization of men and women who share a love of nature and the outdoors, and a dwelling for up to six occupants.” Citing a specific organization didn’t seem like the best long-term approach, he said, because the way this document reads now, no one else could buy or use the property.

Alexis DiLeo of the city’s planning staff said that if the society wanted to sell the property, a zoning amendment to the PUD would be required.

Erica Briggs apologized for missing the working session when this project had been discussed. She said it makes sense to find a way to allow Les Voyageurs to remodel, but she wasn’t sure why a PUD was the best option. She understood the desire to keep the society at that location. But to say that the project provided a benefit to the city – one of the requirements of a PUD – seemed to undermine the purpose of this type of zoning, she said.

DiLeo said she had prepared a memo for the society describing the requirements of two or three different zoning options that they might pursue, both residential and office. Variances and other modifications would have been required, she said – it was like trying to shoehorn a square peg into a round hole. Ultimately, it seemed that custom zoning would make the most sense.

Tony Derezinski noted that the addition is quite small, and that it gets too complicated to apply other types of zoning to a project this size. He described it as a creative use of the PUD. Derezinski also noted that over 1,000 invitations were sent out for a public meeting on this project, and only one person showed up. “That’s kind of convincing,” he said.

Kirk Westphal said that to him, it was an issue of fairness. It was the city’s “goof” that this site wasn’t zoned properly, he said. So to ask the owners to go through the expensive process of developing a site plan seems onerous, especially since it’s a use that doesn’t offend the neighbors.

Outcome: Planning commissioners unanimously recommended approval of rezoning and a site plan for Les Voyageurs. The project will now be forwarded to the city council for its consideration. 

Accessory Apartment on Waldenwood

On the Jan. 19 agenda was a resolution to approve a special exception use at 3645 Waldenwood, which would allow an accessory apartment to be added to the single-family house there. It’s located in the Earhart Estates neighborhood, west of Earhart and south of Glazier Way, in the city’s northwest side.

According to planning staff, this is only the second time a special exception use has been requested for an accessory unit since the accessory dwelling ordinance was crafted in the early 1980s.

The apartment would be used by parents of the home’s owner, Laura Damschroder. No rent would be charged. The addition would include a one-car garage and a 596-square-foot one-bedroom apartment with a kitchen, living room and bathroom. It would attach to the existing 3,608-square-foot house.

Planning staff recommended approval.

Accessory Apartment on Waldenwood: Public Hearing

Only two people spoke briefly at the public hearing: the owner, Laura Damschroder, and the project’s architect, Mike Nicklowitz of Adrian Design Group. Damschroder said the motivation for the project is so that her parents can live at the home. Nicklowitz indicated he was there to answer any questions.

Accessory Apartment on Waldenwood: Commission Discussion

Wendy Woods asked whether the accessory unit would have its own utilities – a furnace and separate water source. Mike Nicklowitz of Adrian Design Group said the water supply will be pulled from the main house, and the apartment will be hooked up to the same gas line. However, it will have a separate furnace, as well as an electric subpanel.

Eleanore Adenekan confirmed with planning staff that the main house was about 3,000 square feet, and the addition would add roughly 600 square feet of floor space. She wondered if this size was in line with other houses in that neighborhood. City planner Matt Kowalski replied that it was a comparable size, even with the addition.

Kirk Westphal asked when the ordinance was crafted that allowed accessory units. That happened around 1983, explained Wendy Rampson, head of the city’s planning staff. This would be only the second application the city has processed since then, she said.

Westphal wondered how many accessory units have been built without seeking a special exception use from the city. Kowalski ventured that there weren’t many, but Rampson disagreed. When she worked on revisions to the ordinance about 10 years ago – changes that ultimately did not get enacted – city staff discovered quite a few unauthorized accessory dwellings, especially in older neighborhoods.

Westphal indicated that this was simply a long way for him to say that he appreciated the homeowner going through this process – though he said he wasn’t sure this type of project should require a separate process.

Erica Briggs also expressed appreciation. ”Accessory dwelling units can be an asset to our community and I hope we see more in the future,” she said.

Woods asked what would happen when the property changes ownership. Kowalski said a note about the accessory unit would be added to the city’s property tracking database. But the city’s planning staff doesn’t monitor property sales closely, he said, so enforcement would likely depend on neighbors reporting any problems. He said he felt confident that it wouldn’t turn into a rental unit, and that it would remain occupied by someone closely connected to owners of the main house – even if ownership changed hands.

Bonnie Bona asked Kowalski to clarify for the general public the differences between a duplex and an accessory apartment. The main difference, he said, is that you can’t charge rent for an accessory unit. It also has to be occupied by someone related to the owner, he said.

That’s a key difference, Bona said, and it might make people feel more comfortable with having this type of unit in their neighborhood.

Outcome: Planning commissioners unanimously approved the special exception use for an accessory apartment at 3645 Waldenwood.

Present: Bonnie Bona, Eleanore Adenekan, Erica Briggs, Tony Derezinski, Diane Giannola, Eric Mahler, Evan Pratt, Kirk Westphal, Wendy Woods.

Next regular meeting: The planning commission next meets on Tuesday, Feb. 7 at 7 p.m. in the second-floor council chambers at city hall, 301 E. Huron St., Ann Arbor. [confirm date]

The Chronicle relies in part on regular voluntary subscriptions to support our coverage of public bodies like the city planning commission. If you’re already supporting The Chronicle, please encourage your friends, neighbors and coworkers to do the same. Click this link for details: Subscribe to The Chronicle.

The nonprofit society is a University of Michigan student and alumni club, focused on nature and the outdoors. Named for French-Canadian voyageurs of the Great Lakes fur trade, it was founded in 1907 and is one of the university’s oldest fraternal student groups. The lodge was built in 1925 – about the same time as the city’s first zoning ordinance and zoning map. Five student members live at the lodge, and society alumni gather there for potluck Sunday dinners from September to April.

Three members of the society spoke briefly during the proposal’s public hearing in support of the changes. The city’s planning staff had recommended approval of the zoning change and site plan. The project will now be forwarded to the city council for its consideration.

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