Rendering of 121 Kingsley West project, looking south from Kingsley. The existing building is in the left foreground.

The project calls for rezoning the site from a planned unit development (PUD) to D2 (downtown interface). The development would include renovating the existing two-story, 2,539-square-foot building, plus constructing two additional buildings: (1) a 3.5-story addition to the existing building; and (2) a 4.5-story structure at the southeast corner of West Kingsley and North Ashley. In total, the development would include 22 units and 40,689 square feet. The estimated cost is $6.5 million.

Council action on the initial approval came at its Aug. 18, 2014 meeting. The site plan will not come before the council until the rezoning is considered for a second and final vote. The Ann Arbor planning commission’s recommendation of approval for the site plan and the rezoning came at its July 15, 2014 meeting.

Developers are Tom Fitzsimmons, Peter Allen and Mark Berg. The architect is Marc Rueter.

There would be 29 parking spaces below the buildings – though only two spaces are required, based on residential premiums that the project is seeking. The premiums give the project additional floor area, compare to what’s allowed by right. An elevator for each building will be accessible from the parking level. The parking level of the east building will include a bike room with 14 spaces.

According to a staff report, the project’s development agreement will address “easements for encroachments onto the City right of way by the existing building, onsite stormwater management, verification of LEED points, six required footing drain disconnects, future façade alterations, and the contribution to Parks and Recreation Services.” [.pdf of staff report]

Planning commissioners unanimously recommended approval of the rezoning, site plan and development agreement. However, only five commissioners on the nine-member body were present, and the commission’s bylaws stipulate that approval requires six votes. So the project was forwarded to city council for consideration with a recommendation of denial from the commission. Wendy Woods, the commission’s chair, assured the developers that city council would be informed that the project secured unanimous support from all commissioners who were present.

The project is on the same site as a previously proposed project by Peter Allen called Kingsley Lane. That had been envisioned as a larger development with 46 units in a complex with two “towers” – at four and nine stories. According to a 2006 Ann Arbor News article, pre-sales of the units were slower than expected because of the struggling housing market, and ultimately financing fell through. At a July 9, 2013 planning commission work session, planning manager Wendy Rampson reported that the developers had lost the property to the bank, but subsequently secured the land and were expected to submit a new site plan.

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

Land use and development is set up to be a dominant theme of tonight’s meeting, as it frequently is for many of the council’s meetings. An additional highlight will be initial consideration of a change to the city’s taxicab ordinance – in response to the entry of services like Uber and Lyft into the Ann Arbor market.

A report from the city administrator on options for deer management has led to a resolution on the Aug. 18 agenda appropriating $20,000 for the development of a deer management program.

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

Among the land use items on the Aug. 18 agenda is one related to use of city-owned land – three parking lots at Fuller Park: (1) the parking lot south of Fuller Road, next to the railroad tracks; (2) the paved parking lot north of Fuller Road at Fuller Park; and (3) the unpaved parking lot north of Fuller Road at Fuller Park. The lots are used by the University of Michigan during restricted hours.

The council will be considering a two-year lease with one additional two-year option for renewal. Annual revenue from this lease will be $78,665, and will be included as part of the parks and recreation general fund budget. The item was forwarded to the city council from the park advisory commission with a recommendation of approval.

Private land development items on the Aug. 18 agenda include final approval of the rezoning of land for the State Street Village project at 2221-2223 S. State St. The 4.5-acre parcel is proposed to be rezoned from M1 (limited industrial district) to O (office district). Also on the council’s agenda is the site plan for the project that will be made possible by approval of the rezoning – a $10 million development by Ann Arbor-based McKinley Inc. The plan calls for constructing two 4-story apartment buildings at the rear of the site, totaling 112,262 square feet, with 38 units each. Another 2,027-square-foot building – for a leasing office with two apartments above it – would be built on the front of the parcel, on South State.

Also on the agenda for final approval is the rezoning required for an Ann Arbor Housing Commission project – a 4.8-acre site at 701 N. Maple Road. The zoning would change from R1C (single-family dwelling district) to R4B (multi-family dwelling district). The site plan, which is also on the council’s Aug. 18 agenda, calls for demolishing 20 existing single-family homes – the public housing complex known as North Maple Estates – and constructing an eight-building, 42-unit apartment complex with a total of 138 bedrooms. A related item on the agenda is the vacation of a portion of the city’s right-of-way for Seybold Drive.

Rezoning for 121 W. Kingsley Street for a private development is getting initial consideration by the council on Aug. 18. The project calls for rezoning the site from a planned unit development (PUD) to D2 (downtown interface). The development would include renovating the existing two-story, 2,539-square-foot building, plus constructing two additional buildings: (1) a 3.5-story addition to the existing building; and (2) a 4.5-story structure at the southeast corner of West Kingsley and North Ashley. In total, the development would include 22 units and 40,689 square feet. The estimated cost is $6.5 million.

Getting initial consideration by the council at its Aug. 18 meeting are changes to the city’s taxicab ordinance that have been recommended by the city’s taxicab board. The recommendations come in the context of the entry of Uber and Lyft into the Ann Arbor market. The companies offer the arrangement of rides through mobile networks with drivers who operate their own vehicles. Both companies have ignored cease-and-desist orders from the city.

Uber has sent its Ann Arbor customers an email asking them to sign an online petition supporting Uber’s continued ability to operate here.

One ordinance change would establish certain parameters to mitigate possible negative consequences to the setting of a very high maximum allowable taxicab rate, under which taxicab companies might eventually compete. Those parameters include a requirement that a taxicab company commit to a single rate annually and that the rate be advertised in a vehicle with signage in letters one-inch tall. The other ordinance would require that all drivers for hire – whether they are taxicab drivers or drivers who work for Uber or Lyft – register with the city, maintain proper insurance for their vehicles and acquire commercial plates.

The Aug. 18 agenda also includes an item to confirm the re-appointment of Bob Guenzel to the board of the Ann Arbor Downtown Development Authority.

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

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

Fuller Park Parking Lease

The council will be considering a possible four-year extension on a University of Michigan lease of three parking lots at Fuller Park. The lease comes to the council with a recommendation of approval from the park advisory commission. The commission gave that recommendation at its July 15, 2014 meeting.

Map of parking lots at Fuller Park that are leased to the University of Michigan.

The existing lease expires on Aug. 31, 2014. The three lots are: (1) the parking lot south of Fuller Road, next to the railroad tracks (Lot A); (2) the paved parking lot north of Fuller Road at Fuller Park (Lot B); and (3) the unpaved parking lot north of Fuller Road at Fuller Park (Lot C). The lots are used by UM during restricted hours.

The city has leased Lot A to UM since 1993. Lots B and C have been leased since 2009.

The proposal, which requires city council approval, is for a two-year lease with one additional two-year option for renewal. Annual revenue of this lease will be $78,665, and will be included as part of the parks and recreation general fund budget. [.pdf of proposed lease agreement] [.pdf of staff report]

The hours that UM can use these lots are stipulated in the agreement:

• Lot A: 4 a.m. to 4 p.m. Monday through Friday.
• Lot B (paved lot): 6 a.m. to 5 p.m. Monday through Friday, beginning the day after Labor Day through the Friday before Memorial Day, excluding holidays.
• Lot C (unpaved lot): 6 a.m. to 5 p.m. Monday through Friday, excluding holidays.

At the PAC meeting when the lease was recommended, parks and recreation manager Colin Smith noted that the revenue from these three lots is significant for the parks and recreation operating budget. The current agreement – which was approved by the council in 2009 and extended by two administrative renewals – is essentially the same as the agreement that will expire, Smith told PAC.

The main purpose of the lots is for the parks, Smith explained. That’s reflected in the hours when UM can use the lots – on weekdays, prior to 4-5 p.m. The outdoor pool and soccer fields don’t need the quantity of parking during the winter or off-season. “It’s an asset within the parks department that we can either have sit there, or we can lease it for a significant amount of revenue that obviously helps us provide other programs,” he said. If the city doesn’t lease those parking lots, “I am absolutely certain that people will park in it anyway,” Smith added.

State Street Village

On Aug. 18, the council will consider final approval of the rezoning of land for the State Street Village project at 2221-2223 S. State St. The 4.5-acre parcel is proposed to be rezoned from M1 (limited industrial district) to O (office district). Also on the council’s agenda for approval is the site plan for the project that will be made possible by approval of the rezoning – a $10 million development by Ann Arbor-based McKinley Inc. The plan calls for constructing two 4-story apartment buildings at the rear of the site, totaling 112,262 square feet, with 38 units each. Another 2,027 square foot building – for a leasing office with two apartments above it – would be built on the front of the parcel, on South State.

Aerial view of State Street Village site.

Action on the initial approval came at the city council’s July 21, 2014 meeting. A recommendation for the rezoning was given at the June 17, 2014 meeting of the Ann Arbor planning commission.

At that meeting, commissioners recommended approval of the site plan, development agreement and rezoning for the project.

The front part of the site is currently a surface parking lot, and is zoned O (office). The rear parcel – 4.5 acres – is vacant, and zoned M1 (limited industrial). Residential developments are permitted in office-zoned areas. [.pdf of staff report]

The development will include 114 parking spaces in the rear of the site and 13 spaces for the front. Another 22 spaces in the surface parking lot will be shared by the existing office building just south of the site.

In addition, 44 covered bicycle spaces and 8 enclosed bicycle spaces will be provided near the entrances of the apartment buildings and 2 hoops will be placed near the entrance of the rental office building.

Instead of making a $48,360 requested donation to the city for parks, McKinley has proposed two 8×10-foot grilling patios with picnic tables and grills.

According to the staff memo, the footing drains of 18 homes, or flow equivalent to 71.91 gallons per minute, will need to be disconnected from the city’s sanitary sewer system to mitigate flow from this proposed development.

North Maple Estates

To be considered for final approval by the council at its Aug. 18 meeting is the rezoning required for an Ann Arbor Housing Commission project – a 4.8-acre site at 701 N. Maple Road. The zoning would change from R1C (single-family dwelling district) to R4B (multi-family dwelling district). The site plan, which has been shifted to the Sept. 2 agenda, calls for demolishing 20 existing single-family homes – the public housing complex known as North Maple Estates – and constructing an eight-building, 42-unit apartment complex with a total of 138 bedrooms. A related item on the agenda is the vacation of a portion of the city’s right-of-way for Seybold Drive.

The Ann Arbor planning commission recommended all three items for approval at its June 17, 2014 meeting. The council gave initial approval of the rezoning at its July 7, 2014 meeting.

Aerial view of North Maple Estates site, outlined in green.

The project is part of a major renovation effort by the Ann Arbor Housing Commission of several of its properties. The site is on the west side of North Maple, between Dexter Avenue and Hollywood Drive. [.pdf of staff report]

The units in the eight-building, 42-unit apartment complex are proposed to have a total of 138 bedrooms. The units range in size from one bedroom to five bedrooms.

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

The project also requires the city to vacate a portion of the right-of-way for Seybold Drive. The surrounding land is owned by the housing commission, so if the right-of-way vacation is approved, the land would become part of the housing commission property. In a separate vote, the planning commission also recommended approving that request.

When the project was in front of the planning commission, planning staff noted three issues that need to be resolved before the project gets approval from city council:

The parcel containing two duplex buildings also owned by the Ann Arbor Housing Commission in the northeast corner of the site must be combined with the subject site, forming a single parcel as a requirement for issuance of any permits.

The legal description and comparison chart data must be confirmed to include the duplex parcel.

The northern-most parking stall, nearest the connection to Vine Court, must be relocated outside of the minimum front setback area.

According to the staff memo, after June 3 the city’s traffic engineer reviewed the proposed new connection from Seybold Drive onto Dexter Avenue, and concluded that sight distances from all approaches are acceptable. He suggested that the pavement markings on Dexter should be refreshed.

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

121 Kingsley West

Rezoning for 121 W. Kingsley Street for a proposed new development is getting initial consideration by the council on Aug. 18. The project calls for rezoning the site from a planned unit development (PUD) to D2 (downtown interface). The development would include renovating the existing two-story, 2,539-square-foot building, plus constructing two additional buildings: (1) a 3.5-story addition to the existing building; and (2) a 4.5-story structure at the southeast corner of West Kingsley and North Ashley. In total, the development would include 22 units and 40,689 square feet. The estimated cost is $6.5 million.

The rezoning is on the council’s agenda, but the site plan will not come before the council until the zoning is considered for a second and final vote. The Ann Arbor planning commission’s recommendation of approval for the site plan and the rezoning came at its July 15, 2014 meeting.

Rendering of 121 Kingsley West project, looking south from Kingsley. The existing building is in the left foreground.

Developers are Tom Fitzsimmons, Peter Allen and Mark Berg. The architect is Marc Rueter.

There would be 29 parking spaces below the buildings – though only two spaces are required, based on residential premiums that the project is seeking. The premiums give the project additional floor area, compare to what’s allowed by right. An elevator for each building will be accessible from the parking level. The parking level of the east building will include a bike room with 14 spaces.

According to a staff report, the project’s development agreement will address “easements for encroachments onto the City right of way by the existing building, onsite stormwater management, verification of LEED points, six required footing drain disconnects, future façade alterations, and the contribution to Parks and Recreation Services.” [.pdf of staff report]

Planning commissioners unanimously recommended approval of the rezoning, site plan and development agreement. However, only five commissioners on the nine-member body were present, and the commission’s bylaws stipulate that approval requires six votes. So the project was forwarded to city council for consideration with a recommendation of denial from the commission. Wendy Woods, the commission’s chair, assured the developers that city council would be informed that the project secured unanimous support from all commissioners who were present.

The project is on the same site as a previously proposed project by Peter Allen called Kingsley Lane. That had been envisioned as a larger development with 46 units in a complex with two “towers” – at four and nine stories. According to a 2006 Ann Arbor News article, pre-sales of the units were slower than expected because of the struggling housing market, and ultimately financing fell through. At a July 9, 2013 planning commission work session, planning manager Wendy Rampson reported that the developers had lost the property to the bank, but subsequently secured the land and were expected to submit a new site plan.

Taxicab Ordinances

Getting initial consideration by the council on Aug. 18 are two changes to the city’s taxicab ordinance that have been recommended by the city’s taxicab board. The recommendations come in the context of the entry of Uber and Lyft into the Ann Arbor market. The companies offer the arrangement of rides through mobile networks with drivers who operate their own vehicles. Both companies have continued to operate in Ann Arbor, despite cease-and-desist orders from the city. [.pdf of cease-and-desist sent to Lyft] [.pdf of cease-and-desist sent to Uber]

The vote to recommend the ordinance changes came at the July 24, 2014 meeting of the taxicab board.

These issues were also discussed at three monthly meetings of the taxicab board prior to that, on April 23, 2014, May 22, 2014 and June 26, 2014.

One ordinance change would establish certain parameters to mitigate possible negative consequences to the setting of a very high maximum allowable taxicab rate, under which taxicab companies might eventually compete. Those parameters include a requirement that a taxicab company commit to a single rate annually and that the rate be advertised in a vehicle with signage in letters one-inch tall.

The current structure for fare regulation already allows for the adoption of a maximum rate to be adopted by the city council. Currently the maximum rate in Ann Arbor is $3 to get in, $2.50 per mile, and 40 cents per minute waiting time. Those maximum rates were last adjusted upwards three years ago, on May 16, 2011, in response to gas prices that had nudged past $4 per gallon. At that time, the taxicab board indicated it did not anticipate considering another rate change until the gas prices were over $5 for at least two consecutive months.

So the taxicab board’s thinking is not being driven by gas prices, which are currently between $3.75 and $4 in the Ann Arbor area. Instead, a possible increase in allowable fares is based on concern that the taxicab industry in Ann Arbor might not be able to survive unless taxis are allowed to charge more.

At its July 24 meeting, taxicab board members discussed the possibility of delaying their recommendation on the ordinance changes until the board could also make a specific recommendation on the price point for a very high maximum rate. But ultimately board members felt that a recommendation on a price point for a new maximum rate could come later – especially because ordinance changes require a first and second reading in front of the council. There would be a window of opportunity between those readings to make a recommendation on the higher maximum. The taxicab board’s next meeting is scheduled for Aug. 28 at 8:30 a.m. at city hall.

The other ordinance change to be given initial consideration would require that all drivers for hire – whether they are taxicab drivers or drivers who work for Uber or Lyft – register with the city, maintain proper insurance for their vehicles and acquire commercial plates. Commercial plates would require that the commensurate commercial insurance is carried.

And the absence of commercial plates on a vehicle that is observed to be used for picking up or dropping off passengers would provide a primary reason for a traffic stop by Ann Arbor police. At the taxicab board meetings over the last few months, representatives of the taxicab industry argued that the state statute regulating limousines already gives the city the ability to enforce against Uber and Lyft drivers.

Deer Management

Attached to the Aug. 18 city council agenda is a report from the city administrator outlining issues and options for management of the urban deer herd in Ann Arbor. Based on that report is a resolution, sponsored by Sabra Briere (Ward 1) and Jane Lumm (Ward 2), that would accept the report and appropriate $20,000 from the general fund for development of a “community endorsed deer management plan.” [.pdf of Aug. 14, 2014 deer management options report]

The council had directed the preparation of the report on various options in a resolution approved at its May 5, 2014 meeting. The report was to have been delivered to the council by July 31.

Fall 2015 is the earliest date identified in the report as a possible timeframe for a culling of the herd.

Before developing a specific plan – that could involve killing deer or not – input from Washtenaw County Parks and Recreation and the University of Michigan would be sought. And the Michigan Department of Natural Resources would need to approve any plan for deer management. The Aug. 14 report includes descriptions of deer management plans in other Michigan cities that range from ordinances prohibiting the feeding of deer to culling programs that shut down city parks and prescribe shooting lanes for archers.

City of Ann Arbor staff estimate that six months would be needed for public engagement. That public engagement could start within 45 days of city council approval to proceed.

Estimated staff time to develop the specific plan is 160 hours, according to the Aug. 14 report. Contractual public engagement and support to develop a management plan are estimated at $20,000.

Other facts included in the plan are the fact that neither city parks nor golf courses have had vegetation damage by deer. The cost to the city for disposing of deer carcasses in fiscal year 2014 was $5,850.

Estimated cost to kill 40-50 deer in the city of Ann Arbor is $25,000-$27,000 per year. That amount includes city staff administration cost in the amount of $14,000.

All deer-car accidents in Washtenaw County from 2004 through 2013 are plotted in the dynamic map below. Map is by The Chronicle with data from michigantrafficcrashfacts.org.

3:50 p.m. Agenda questions. Now available are the city staff’s written responses to questions about agenda items submitted by councilmembers. [.pdf of Aug. 18, 2014 agenda responses]

3:59 p.m. Public speaker lineup. Two speakers and one alternate are signed up to talk about the Fuller Park lease agreement: Rita Mitchell, George Gaston and Larry Baird (alternate). Two speakers and one alternate are signed up to talk about the taxicab ordinance changes: Anne Choike, Scott Sanders and Michael White (alternate). Five speakers are signed up to talk about deer management: Maurita Holland, Mary Avrakotos, Trocy Grogan, Judy Cohen and Nicholas Avrakotos. Thomas Partridge is signed up to talk about electing Mark Schauer and affordable housing.

6:33 p.m. Two large groups are congregating – one outside city hall by the Dreiseitl fountain and one inside the lobby. They’re drivers for Uber and Lyft, respectively.

6:36 p.m. Two people are here in chambers so far. Both are here because they’re interested in the new taxicab ordinance revisions. Sally Petersen (Ward 2) has already arrived and is sitting at the council table.

6:44 p.m. Color coding for the TV viewing audience: Pink T-shirts are for Lyft; blue is for Uber. About 40 people total so far. Two AAPD officers are also here. One of them talks with Mozhgan Savabieasfahani and Blaine Coleman about the seating.

6:53 p.m. City attorney Stephen Postema and city administrator Steve Powers are here. Jane Lumm (Ward 2) has arrived.

6:53 p.m. Chief of police John Seto and deputy chief Greg Bazick were in the hallway on the second floor, outside council chambers. Jack Eaton (Ward 4) arrived earlier.

6:57 p.m. One guy in the back row has both pink and blue T-shirts draped over his shoulders. He drives for both Uber and Lyft.

6:59 p.m. Savabieasfahani calls supporters of the “Boycott Israel” contingent to sit on the north side of the chambers. Thomas Partridge responds by saying, “This is a city council meeting, not a rally!”

7:01 p.m. Chants of “Boycott Israel” begin. The council meeting has not yet been convened.

7:01 p.m. And we’re off.

7:01 p.m. Call to order, moment of silence, pledge of allegiance.

7:02 p.m. Roll call of council. Sabra Briere (Ward 1), Margie Teall (Ward 4), and Chuck Warpehoski (Ward 5) are absent at the rollcall.

7:02 p.m. Approval of agenda.

7:03 p.m. Outcome: The council has approved the evening’s agenda without amendment.

7:05 p.m. Communications from the city administrator. City administrator Steve Powers is talking about the closing of the Ann Arbor senior center for safety reasons. It will be open again in early September. Applications for the city fire chief position will be accepted through Sept. 15. The city’s bond rating has been confirmed as AA+.

Powers doesn’t mention the deer management report that has been submitted to the council. It’s attached to the council’s agenda as a communication. [.pdf of Aug. 18, 2014 deer management options report]

7:05 p.m. Public commentary. This portion of the meeting offers 10 three-minute slots that can be reserved in advance. Preference is given to speakers who want to address the council on an agenda item. [Public commentary general time, with no sign-up required in advance, is offered at the end of the meeting.]

Two speakers and one alternate are signed up to talk about the Fuller Park lease agreement: Rita Mitchell, George Gaston and Larry Baird (alternate). Two speakers and one alternate are signed up to talk about the taxicab ordinance changes: Anne Choike, Scott Sanders and Michael White (alternate). Five speakers are signed up to talk about deer management: Maurita Holland, Mary Avrakotos, Trocy Grogan, Judy Cohen and Nicholas Avrakotos. Thomas Partridge is signed up to talk about electing Mark Schauer and affordable housing.

Mayor John Hieftje is reviewing the rules about how many people can speak at a time and where signs can be held.

7:05 p.m. Rita Mitchell tells Hieftje that she is electing not to speak.

7:08 p.m. George Gaston is addressing the council on the topic of the Fuller Park lot leases. In an email sent to council members over the weekend, he explained how he’s calculated revenue to the University of Michigan from the Yellow and Blue permits issued for the lots. Gaston’s calculations put the UM’s revenue at a total of $521,956 annually, compared to the $78,665 amount in the lease. [.pdf of Gaston's Aug. 15 and Aug. 17, 2014 emails]

He tells the council that he’d spoken to the park advisory commission [at its July 15, 2014 meeting]. He asks the council to delay approval of the lease until they’ve reviewed the figures. Lot A was supposed to be a temporary lot, 20 years ago, he says. The lots are Yellow and Blue lots in the UM parking system, he says. Yellow permits are much cheaper, he says. The council should insist on compensation from the UM based at least on the cost of Yellow Blue permits. Gaston is reciting the history of the leasing of the lots, which involved an interest in preserving bur oak trees. [Briere has now arrived at the table. So has Warpehoski.]

7:12 p.m. Anne Choike tells the council she recently moved to Ann Arbor to teach at the law school. She is speaking in her personal interest in support of Uber and Lyft. She’s arguing for the services based on an interest in less reliance on car ownership. She relies on the bus system, Uber and Lyft, and shared rides with friends. She recites reasons why taxicab service is inadequate. She describes how she is able to spend money on local businesses, instead of on car ownership.

7:16 p.m. Scott Sanders says he’s a homeowner, with two kids and the husband of a professor. Two kids means that it’s a challenge to find a way to earn extra money. Driving in a ride-sharing service is a way to do that. He describes this as an opportunity to grow the transportation business. Instead of fighting for a smaller piece of the pie, people should be thinking about growing the size of the pie: “Coopetition.” This makes transportation more efficient and more accessible, he says. Every time he picks up riders, they express the attitude that: What did we ever do before this? He asks the council not to use a heavy hand. His remarks conclude with applause from the audience, like the previous speaker did.

7:18 p.m. Maurita Holland is speaking for various plants that have been harmed by deer. She’s also speaking for the Washtenaw Citizens for Ecological Balance. She calls for immediate action because the problem is doubling every year, she contends. The deer population in Washtenaw County is 12.5 times the recommended density, she says. “We have to do something,” she says.

7:19 p.m. Mary Avrakotos is speaking as a homeowner on the problem of deer management. She calls deer an increasing menace. She wants the council to decide quickly on a deer management plan and to insist that the city administrator adhere to a timeline on implementation.

7:22 p.m. Tracy Grogan says that spending money on a deer management plan would be money well spent. He likes deer, but deer in urban areas are nervous and tentative, he says. The problem is complex and subject to debate. Ann Arborites are thoughtful, peaceful and caring, he says. But the deer situation is brutal and costly. He wants the discussion to be elevated aggressively. The resolution tonight is an important step forward, he says. He allows that the general fund balance is a precious resource, but we owe it to ourselves to develop a plan that reflects the values of the city. His remarks draw applause.

7:25 p.m. Judy Cohen is also here to talk about the deer issue. It’s not just a matter of whether the deer are eating lilies and decimating your garden. The dollar value of the damage is high, she says. She says that Matthaei Botanical Gardens has cages around the trees to protect them from the deer, but most people don’t want cages around their own trees. She’s describing her personal close calls with deer in her car and actual accidents in her car.

7:27 p.m. Nicholas Avrakotos tells the council that we do have a problem with deer. The most severe winter in many years has not diminished the deer population, he says. He’s describing overpopulation of rabbits on an island – which has become a refuge for rabbits. He says that’s what’s happening here with respect to deer. He wants the council to acknowledge there is a problem.

7:29 p.m. Thomas Partridge calls for the election of Mark Schauer as governor and Gary Peters as U.S. Senator. Hieftje tells Partridge that he had signed to talk about agenda item F-5 and wants him to do that. Peters would have a platform that would help eliminate homelessness and provide affordable housing, Partridge responds.

7:30 p.m. Hieftje disallows Baird as an alternate speaker, saying that Mitchell was here but chose not to speak.

7:30 p.m. Communications from council. This is the first of two slots on the agenda for council communications. It’s a time when councilmembers can report out from boards, commissions and task forces on which they serve. They can also alert their colleagues to proposals they might be bringing forward in the near future.

7:32 p.m. Taylor conveys regrets from Teall, who is caring for older family members. Eaton announces a neighborhood meeting for the Packard Square development on Sept. 4.

7:33 p.m. MC-1 Confirmations. The council is being asked tonight to confirm nominations made at the council’s Aug. 7, 2014 meeting: Bob Guenzel as a reappointment to the Ann Arbor Downtown Development Authority; Stephen Raiman to the energy commission to replace Dina Kurz; and Nora Lee Wright to a vacancy on the housing and human services advisory board.

7:33 p.m. Outcome: All nominations have been confirmed without discussion.

7:33 p.m. MC-2 Nominations. Anna Ercoli-Schnitzer is being nominated to fill a vacancy on the Commission on Disability Issues. Tamara Burns and Dick Mitchell are being nominated to be reappointed to the design review board. Sofia Franciscus is being nominated to fill the vacancy on the planning commission due to Paras Parekh’s resignation. And John Splitt is being nominated for reappointment to the Downtown Development Authority board. Votes on their confirmation will take place at the council’s next meeting.

7:35 p.m. Public hearings. All the public hearings are grouped together during this section of the meeting. Action on the related items comes later in the meeting. Four public hearings are scheduled tonight. Two of them relate to an Ann Arbor Housing Commission project on North Maple that involves demolishing some units and re-building them. [For additional background see North Maple Estates above] The other two public hearings relate to the McKinley project on State Street called State Street Village. [For additional background see State Street Village above]

Hieftje tells the Boycott Israel contingent to hold their signs over to the sides. They respond by exiting. In leaving some make statements: “You care more about deer than people.”

7:35 p.m. PH-1 Ann Arbor Housing Commission North Maple Road.

7:37 p.m. Thomas Partridge calls for more affordable housing.

7:37 p.m. PH-2 Seybold Drive street vacation.

7:38 p.m. No one speaks on this public hearing.

7:38 p.m. PH-3 State Street Village rezoning.

7:40 p.m. Thomas Partridge calls for more consideration of the most vulnerable.

7:40 p.m. PH-4 State Street Village site plan.

7:42 p.m. Thomas Partridge calls for public access by everyone, including seniors and the disabled.

7:42 p.m. Approval of minutes. Outcome: The minutes of the council’s previous meeting have been approved.

7:42 p.m. Consent agenda. This is a group of items that are deemed to be routine and are voted on “all in one go.” Contracts for less than $100,000 can be placed on the consent agenda. This meeting’s consent agenda includes:

• CA-1 Approve the member services agreement into the Keenan Pharmacy Purchasing Coalition ($60,000 for 2014 and $60,000 for 2015).
• CA-2 Approve July 24, 2014 recommendations of the Board of Insurance Administration.
• CA-3 Street Closure: Maynard Street on Wednesday, September 10, 2014 for the Barracuda Networks BBQ.
• CA-4 Approve agreement with the Washtenaw County Road Commission for the resurfacing of Newport Road (City Limits to Bird Road) ($90,000).

7:43 p.m. Councilmembers can pull out any item on the consent agenda for separate consideration. Briere pulls out CA-4.

7:43 p.m. Outcome: The consent agenda has been approved except for CA-4.

7:43 p.m. CA-4 Approve agreement with the Washtenaw County Road Commission for the resurfacing of Newport Road (City Limits to Bird Road) ($90,000).

7:44 p.m. Briere is thanking staff for working with the Washtenaw County Road Commission to make this happen.

7:44 p.m. Outcome: CA-4 has now been approved from the consent agenda.

7:44 p.m. B-1 Ann Arbor Housing Commission North Maple Road Rezoning. The council is considering for final approval the rezoning required for an Ann Arbor Housing Commission project – a 4.8-acre site at 701 N. Maple Road. The zoning would change from R1C (single-family dwelling district) to R4B (multi-family dwelling district). The site plan, which has been shifted to the Sept. 2 agenda, calls for demolishing 20 existing single-family homes – the public housing complex known as North Maple Estates – and constructing an eight-building, 42-unit apartment complex with a total of 138 bedrooms. A related item on the agenda is the vacation of a portion of the city’s right-of-way for Seybold Drive. [For additional background see North Maple Estates above]

7:45 p.m. Outcome: The council has voted to give final approval to the North Maple Estates rezoning.

7:45 p.m. B-2 State Street Village rezoning. The council is considering the rezoning of land for the State Street Village project at 2221-2223 S. State St. The 4.5-acre parcel is proposed to be rezoned from M1 (limited industrial district) to O (office district). Also on the council’s agenda for approval is the site plan for the project that will be made possible by approval of the rezoning – a $10 million development by Ann Arbor-based McKinley Inc. The plan calls for constructing two 4-story apartment buildings at the rear of the site, totaling 112,262 square feet, with 38 units each. Another 2,027 square foot building – for a leasing office with two apartments above it – would be built on the front of the parcel, on South State. [For additional background see State Street Village above]

7:45 p.m. Briere notes that office (O) zoning was the most flexible zoning for this site. She assures members of the public that every site plan is vetted for access to transit by all users.

7:46 p.m. Outcome: The council has voted to give final approval to the State Street Village rezoning.

7:46 p.m. C-1 121 Kingsley West rezoning. This is the initial consideration of the 121 W. Kingsley Street project. The project calls for rezoning the site from a planned unit development (PUD) to D2 (downtown interface). The development would include renovating the existing two-story, 2,539-square-foot building, plus constructing two additional buildings: (1) a 3.5-story addition to the existing building; and (2) a 4.5-story structure at the southeast corner of West Kingsley and North Ashley. In total, the development would include 22 units and 40,689 square feet. The estimated cost is $6.5 million. The rezoning is on the council’s agenda, but the site plan will not come before the council until the zoning is considered for a second and final vote. [For additional background see 121 Kingsley West above]

7:46 p.m. Outcome: Without discussion, the council has voted to give initial approval to the rezoning for 121 Kingsley West.

7:46 p.m. C-2 Taxicab ordinance amendment: Rates. Getting initial consideration tonight are two changes to the city’s taxicab ordinance that have been recommended by the city’s taxicab board. The recommendations come in the context of the entry of Uber and Lyft into the Ann Arbor market. This ordinance change would establish certain parameters to mitigate possible negative consequences to the setting of a very high maximum allowable taxicab rate, under which taxicab companies might eventually compete. Those parameters include a requirement that a taxicab company commit to a single rate annually and that the rate be advertised in a vehicle with signage in letters one-inch tall. [For additional background see Taxicab Ordinances above]

7:47 p.m. Outcome: Without discussion, the council has voted to give initial approval of the taxicab ordinance change on the maximum rate.

7:47 p.m. C-3 Taxicab ordinance amendment: Register drivers for hire. This is the second item recommended by the taxicab board. It would require the registration with the city by all drivers for hire, including those who work for Uber and Lyft. Key requirements are the affixing of commercial license plates to a vehicle and maintaining commensurate insurance. [For additional background see Taxicab Ordinances above]

7:50 p.m. Stephen Kunselman (Ward 3) is noting that he sits on the taxicab board. The board has been working to bring up the city’s laws up to date with the changes to the marketplace. The speakers tonight have not addressed the issue of public safety, he says. This ordinance will require insurance of vehicles as commercial vehicles, he notes. This will make all drivers comply with the same rules, Kunselman says. He notes that this is the first reading of the ordinance. Some items might need to be removed, but he would like that to happen at the second reading.

7:51 p.m. Kunselman compares the issue to Selma Cafe. Everyone thought it was great, and then came the annoyances from all the neighbors because of the parking in the neighborhood. Relying on personal insurance won’t work, Kunselman says, because that puts the consumer at risk.

7:52 p.m. Hieftje is reviewing the two-step process for changes to ordinances – first reading, followed by second reading with a public hearing at a later date. Lumm is thanking the city attorney’s staff for their work.

7:54 p.m. Lumm asks about the division of responsibility between the state and local municipalities with respect to taxicabs and limos. Assistant city attorney Kristen Larcom tells Lumm that her understanding of the state of Michigan’s position is that Uber and Lyft services meet the definition of a limo. There’s movement among legislators to make amendments to the state limo act, she thinks.

7:57 p.m. City CFO Tom Crawford, who serves on the taxicab board in an ex officio capacity, responds to a question from Lumm about mechanics and inspections.

7:59 p.m. Briere wants to know what the financial impact will be on drivers for Uber and Lyft. Crawford says that there’s a distinction between a limo company, the drivers and the vehicle. He says that the drivers for Uber and Lyft are 1099 workers. Briere says that this is not what she’s concerned about. She wants to know who bears the cost. How does the proposed change share responsibility? she asks.

8:03 p.m. Kailasapathy ventures that answering the cost question is challenging, and Crawford agrees. Petersen says that the real hurdle is the insurance, not the chauffeur’s license.

8:06 p.m. Anglin agrees that it’s important to understand the cost. Kunselman responds by saying the reason that Lyft and Uber can make a profit is that they are “cheating” the law. What about the companies that are complying with the law? Kunselman asks – like Ann Arbor’s taxicab companies. The reason Uber and Lyft can charge less because they aren’t carrying the associated cost of business, he says. About the use of a family car for a ride-sharing business, Kunselman says: “Lord help us all if that family vehicle gets in a wreck,” and the family goes into bankruptcy.

8:07 p.m. Anglin doesn’t want to jump into anything rapidly.

8:10 p.m. Taylor says that the solution proposed is for a problem that does not exist. Uber and Lyft provide safe service, he says. They allow Ann Arborites to maintain a carless lifestyle. These business models provide for full insurance, he contends. Drivers are taken care of by the insurance of Uber and Lyft when they’re driving. He’ll vote against this, he says. Instead he’ll be working with Briere to bring forward a resolution directing the city administrator to develop an operating agreement with Uber and Lyft. His remarks are met with applause. Hieftje says “Applause is not appropriate during the body of the meeting.”

8:13 p.m. Eaton asks a question of the city attorney’s office. He asks if there’s anything about the state limo act that prevents the city from asserting control over the same subject matter. Warpehoski gets clarification that Ann Arbor does not limit the number of taxicab licenses. He’s comparing Ann Arbor to New York, and its taxicab “cartel.” He says it’s a matter of threading the needle, balancing the right amount of regulation.

8:15 p.m. Warpehoski says he’ll vote for this at first reading, but if the text is the same by the time the ordinance comes back for second reading, he’ll vote against it at that time.

8:15 p.m. Petersen says she’ll take Warpehoski’s advice from a couple of meetings ago: If you’re going to vote against it at second reading, vote against it at first reading. She wants to support Taylor’s efforts to develop an operating agreement.

8:19 p.m. Kunselman notes that the Detroit operating agreement is for a short time, while the law is worked out. All this ordinance does is make everyone follow the same laws, he says. If councilmembers think that Uber and Lyft can self-regulate public safety, then they should vote this down and let it be a free-for-all, he says. They’re making money because they’re not paying the full cost of the business model. They’re using public streets to make a buck, he says. With Selma Cafe, everyone was having a great time going to breakfast at someone’s house, he says, but then it had to be shut down.

8:19 p.m. Kunselman says he doesn’t use Lyft and Uber because he doesn’t feel they’re safe.

8:21 p.m. Briere is describing how many cities are developing operating agreements while the state laws are sorted out. The operating agreements can address who pays for what, she says. The agreement being considered in Lansing would define an amount for which the company is responsible for insuring, she says.

8:23 p.m. Briere ventures that such operating agreements could eventually be extended to standard limo companies. She doesn’t imagine ever needing to know who every driver is, but thinks it’s rational to expect that a list be maintained – so it’s fine if Lyft and Uber maintain that list.

8:26 p.m. Lumm says the ship has left the dock and there’s no stopping it now. Even though there’s a cease-and-desist order, Uber and Lyft are continuing to do business, she says. It’s about ensuring safety for passengers, she adds. Detroit had left undefined who the “third party” is who can inspect vehicles. Lumm is talking about the fact that Uber and Lyft drivers are rated by customers, but she wonders what happens if there’s a series of bad ratings. Lumm asks that Taylor and Briere work with the taxicab board, if the ordinance revision doesn’t pass at first reading. She notes that the chair of the taxicab board [Michael Benson] had sent the council an email asking the council to support the changes.

8:29 p.m. Crawford describes himself as conflicted about the ordinance. He says that he doesn’t see Uber and Lyft as competing with taxicabs so much as with limos. The Uber and Lyft business models are designed for those who have smartphones, he notes. They have ways to rate passengers and drivers, he says, so if you have give drivers a bad experience, you might not be able to get a ride.

8:32 p.m. Kailasapathy is drawing an analogy to renting a house. If a landlord was skirting requirements on fire inspections, would the city opt to come up with operating agreements with them? Is the city council there to revise ordinance that apply to everybody, or when people break the rules, do we scramble to create operating agreements to fit their business models? For her it’s a governance issue.

8:35 p.m. Eaton says he’ll support the ordinance change. He notes that Kunselman has stated he’s willing to compromise on some of the language. Eaton says that he is sensitive to the idea that a company will self-regulate for safety. He says that the same offer of an operating agreement would need to be offered to taxicab companies. Eaton can’t imagine letting an entire industry arise under the guise of self-regulation.

8:36 p.m. Petersen says she’s not opposed to ordinance amendments, but she doesn’t think that these are the right set of amendments. She says that Kunselman should go back to the drawing board. Public safety, health and welfare is paramount, but she doesn’t think that these are insurmountable barriers.

8:39 p.m. Anglin is talking about the transportation that the AAATA’s shared taxi service provides. Briere moves to waive the council’s rules on speaking times, which the council agrees to.

8:40 p.m. Kunselman is going through the requirements in the ordinance change and asks other councilmembers if they have objections to each of them. “Does anybody have a problem with that?” is the question he poses for each requirement.

8:42 p.m. Kunselman comes to “the one that probably scares Uber and Lyft the most,” which is that they would have to comply with state limo act. He asks if councilmembers are willing to allow a company to operate in violation of state law. If so, then “have at it,” he says.

8:44 p.m. Briere calls Kailasapathy’s comparison to renting a house interesting. She extends that to the hotel industry and bed and breakfasts, and is now talking about Airbnb-type models.

8:47 p.m. Briere says she wants the company to bear the burden. The city would be adding an incredible burden to something that is a casual relationship. She thinks the city can be more creative in regulating this issue. Since April, she’s been convinced that an operating agreement is the way to go.

8:49 p.m. Lumm thinks that the requirements in the ordinance are really basic. She asks for the representative from Uber, Michael White, to explain which elements of the ordinance he objects to.

8:52 p.m. White says that there’s no need for commercial insurance on a vehicle that’s being used for three hours a week for this service, he says. Uber’s insurance covers those vehicles when they’re being used to drive for Uber, he says. If there were a safety issue, he says, it wouldn’t be just a national issue, it would be an international issue, he says.

8:54 p.m. Eaton asks which requirements White objects to. He objects to each driver having to complete the requirements.

8:55 p.m. Kailasapathy is asking about the insurance policy. It’s a liability policy, White explains.

8:57 p.m. Briere asks if White can share data about safety. Not today, he says. Briere asks if he can get it. Complaints come in as a stream, he says. Briere wants to know about percentages – out of 20 vehicles, how many complaints are there?

9:00 p.m. White says that their drivers have an average star rating of 4.6 stars out of 5.0. Briere says she’s not asking about satisfaction, but about safety. Petersen wants to know how that data is used by Uber. White is providing the standard Uber marketing message to the council.

9:01 p.m. Petersen asks if Uber can suspend a driver before they discover that people aren’t requesting rides from them. Based on White’s response, it’s not clear.

9:02 p.m. Lumm is following up with questions about the rating system.

9:05 p.m. White is taking the opportunity to explain the various advantages that Uber offers to riders.

9:07 p.m. Lumm is going back and forth with White about what he’d be willing to put in an operating agreement. He’d be willing to put a requirement in an Ann Arbor operating agreement that required the vehicle inspection to be done by a licensed mechanic.

9:12 p.m. Warpehoski has some back-and-forth with White.

9:12 p.m. Kunselman asks White if Uber would be willing to accept six points as a maximum. White says that they evaluate the nature of the violations. He’d be happy to discuss various issues. Kunselman says White has been vague. Kunselman asks if Uber would allow a felon to be a driver. No, White says. The city council had recently approved a policy on that, Kunselman notes. [Earlier this year, the city eliminated the requirement that job applicants disclose past criminal records – except for police and fire department applicants.]

White says that an English requirement would effectively arise from having to be able to go through the application system. And if they did manage to be activated as a driver, their ability to deliver quality service would be hampered by a lack of English. And that would show up in the feedback the driver would get.

9:14 p.m. Kunselman asks about possible discrimination against riders with disabilities and about red-lining. White says that studies have been done that show in Chicago, undesirable and underserved areas are much better served by Uber than by existing transportation options. Kunselman asks: Do you think that we should disband the taxicab industry in Ann Arbor?

9:20 p.m. Hieftje says there have been a lot of good comments. He mentions pipelines as a self-regulated industry, in some ways. It’s long been a goal of his to make it possible for people to live without owning a car, he says. The bike lane system has been expanded, he says. The bus system has been expanded. Ride-sharing apps are a way to expand ride-share options. So he won’t support the ordinance change tonight. He doesn’t think there’s any reason to think that Uber and Lyft aren’t concerned with safety.

9:24 p.m. Outcome: The council has rejected the ordinance at first reading on a 5-5 vote. Voting against it were Hieftje, Briere, Petersen, Lumm and Taylor.

9:24 p.m. Recess. We’re now in recess.

9:37 p.m. We’re back.

9:37 p.m. DC-1 Appropriate $20,000 to develop a community-endorsed deer management plan. This item is based on the Aug. 14 report from the city administrator on options for managing the deer population. Before developing a specific plan – that could involve killing deer or not – input from Washtenaw County Parks and Recreation and the University of Michigan would be sought. And the Michigan Department of Natural Resources would need to approve any plan for deer management.

The Aug. 14 report includes descriptions of deer management plans in other Michigan cities that range from ordinances prohibiting the feeding of deer to culling programs that shut down city parks and prescribe shooting lanes for archers. City of Ann Arbor staff estimate that six months would be needed for public engagement. That public engagement could start within 45 days of city council approval to proceed. Estimated staff time to develop the specific plan is 160 hours, according to the Aug. 14 report. Contractual public engagement and support to develop a management plan are estimated at $20,000. The report indicates that to cull 40-50 deer per year, the cost to the city would be about $25,000. According to Michigan Department of Natural Resources records 6,608 deer were taken by hunters in Washtenaw County. [For additional background see Deer Management above]

9:39 p.m. Lumm is thanking city administrator Steve Powers and community services administrator Sumedh Bahl. Lumm is reading aloud a written statement. The plan to be developed is supposed to include metrics for success, she says. The MDNR is the critical partner, she says.

9:42 p.m. Lumm allows that the problem might be concentrated in Ward 1 and Ward 2, but she hopes that the council will support it. Briere says that the problem is growing in Ward 5 as well. Briere says she doesn’t have an interest in seeing the deer slaughtered, but there are few ways to control the deer population. The problem might not be only the overpopulation of deer, she allows. She supports moving the process forward.

9:44 p.m. Hieftje says his central concern is that it be a comprehensive solution. He reports that he saw a buck walk past his front porch, even though there are no natural areas in the area.

9:47 p.m. Lumm asks Bahl to come to the podium. Powers responds first. He notes that the partners involved “aren’t quite there yet,” and the DNR has recommended that there be a community process. That comment comes in response to some public input to the effect that the city was not moving fast enough.

9:50 p.m. Lumm asks if there will be more data collected on environmental data. That will take some time, Bahl says.

9:51 p.m. Lumm is now reading aloud an email from a NAP volunteer. Young oak trees don’t survive unless the volunteer fences the trees, the email states.

9:52 p.m. Outcome: The council has voted unanimously to appropriate $20,000 to develop a deer management plan.

9:52 p.m. DC-2 Community Events Fund Disbursements. This item was added late to the agenda by Sabra Briere (Ward 1) and Chuck Warpehoski (Ward 5). The council rule on the subject reads as follows: “Council members may add items to the agenda at any time, but will use best efforts to do so prior to 5:00 p.m. on the Friday before the next Council meeting.” The two constitute the council committee for distribution of community events funding. They met at 10 a.m. today (Monday) for a meeting that was announced through the city’s notification system at 4:06 p.m. last Friday.

About half of the events to receive funding this year have already taken place. The disbursements are for a total of $55,000, including $10,000 for the Ann Arbor Street Art Fair and $25,000 for the Summer Festival.

9:54 p.m. Warpehoski apologizes for the late addition to the agenda. Some of the events that been allocated funding turned out not to be happening and so adjustments needed to be made late. The full amount is not being allocated, he says, so that late applications might be accommodated.

9:54 p.m. Outcome: The council has voted to approve the disbursements from the community events fund.

9:54 p.m. DB-1 Seybold Drive vacation. This item is related to the Ann Arbor Housing Commission’s North Maple Estates project the zoning for which the council voted on earlier in the meeting. [For additional background see North Maple Estates above]

9:54 p.m. Outcome: The council has voted to approve the vacation of Seybold Drive.

9:54 p.m. DB-2 State Street Village site plan. The council voted on the rezoning for the project earlier in the meeting. [For additional background see State Street Village above]

9:54 p.m. Outcome: The council has voted to approve the State Street Village site plan.

9:54 p.m. DS-1 Approve extended policy with EyeMed Vision Care ($305,828). The policy period is four years. The policy requires the city to pay a set monthly premium. The monthly premiums are $4.53 for single, $8.61 for two people, and $12.64 for a family from July 1, 2014 through Dec. 31, 2014. According to the staff memo accompanying the resolution, due to the fees imposed onto insurers under the Affordable Care Act (ACA), the premiums will be adjusted upward on January 1, 2015. The new monthly premiums will be $4.67 for single, $8.87, for two people, and $13.02 for a family from Jan. 1, 2015 through Dec. 31, 2018.

9:55 p.m. Outcome: The council has voted to approve the extension with EyeMed.

9:55 p.m. DS-2 Approve Fuller Lot lease with University of Michigan. This item would extend the lease by the city to the University of Michigan for three parking lots at Fuller Park: (1) the parking lot south of Fuller Road, next to the railroad tracks; (2) the paved parking lot north of Fuller Road at Fuller Park; and (3) the unpaved parking lot north of Fuller Road at Fuller Park. The lots are used by the University of Michigan during restricted hours. Annual revenue from this lease will be $78,665, and will be included as part of the parks and recreation general fund budget. The item was forwarded to the city council from the park advisory commission with a recommendation of approval. [For additional background see Fuller Park Parking Lease above.]

9:57 p.m. Hieftje says that he thinks it would be useful to postpone the question.

9:58 p.m. Eaton asks that if this is sent back to the park advisory commission (PAC), then he wants the commission to review the relevant planning documents.

10:00 p.m. Briere moves to postpone until October. Lumm asks what happens, given the expiration of the current lease. Hieftje ventures that this is coming to the council later than it should have.

10:01 p.m. Anglin is concerned about the inclusion of a mention of future uses of the property.

10:01 p.m. Outcome: The council has voted to postpone the Fuller Park lot lease with the University of Michigan until the first meeting in October.

10:01 p.m. DS-3 Appropriate emergency management performance ($42,582) This item will accept $42,582 in grant funding from the state for emergency management. It will pay for part of the salary for the city’s emergency manager.

10:01 p.m. Outcome: The council has voted to approve the acceptance of the emergency program grant funds.

10:02 p.m. Communications from the council.

10:05 p.m. Kailasapathy is pointing out that the council rule regarding public commentary is that if someone vacates their reserved time, it shall be assigned to the alternate speakers. Larry Baird was the alternate who was denied an opportunity to speak. Hieftje says that he will take a look at that. But he says that the rules are under a great deal of scrutiny to make sure that the rules are followed. “Maybe I was too careful.” He was concerned that someone might bring that up to the council. Kailasapathy reiterates the point of the rule. Hieftje says he’ll look into that. Warpehoski notes that everyone has a responsibility to note the error at the time it’s made.

10:06 p.m. Clerk’s Report. Warpehoski says he’s happy to see the inclusion of accessory dwelling units in the planning commission’s work plan, which is part of the clerk’s report of communications.

10:08 p.m. Warpehoski says that if the council wants to see things move forward, they need to make the necessary resources available.

10:08 p.m. Outcome: The council has now accepted the clerk’s report.

10:08 p.m. Public comment. There’s no requirement to sign up in advance for this slot for public commentary.

10:10 p.m. Thomas Partridge says that despite the council’s vote on the taxicab ordinance, the city still needs assurances that transportation will be safety. He says the city is not making the kind of progress it needs to on affordable housing.

10:13 p.m. Kai Petainen is addressing the council on the topic of Ann Arbor SPARK. Here’s a .pdf of his remarks: [.pdf of Petainen Aug. 18, 2014]

10:16 p.m. A Lyft driver is addressing the council. He says he’s been living here for 14 years. He says that the council makes the city better and better every day. He wants them to continue to make Ann Arbor’s transportation system better.

10:18 p.m. A second Lyft driver, who’s been working with that service since May 8, is now addressing the council. Ann Arbor deserves ride-sharing in the city, he says. About 80% of riders he picks up are college students. When he picks up students who are drunk, he knows that he is saving their lives. It takes 45 minutes to an hour for other services, he says. Lyft covers him with a $1 million policy, he says.

10:21 p.m. Ed Vielmetti is addressing the council. He’s a Ward 4 resident. Two years ago, The Chronicle’s Stopped.Watched feature recorded a vehicle in storage by the city of Ann Arbor – it’s a Washtenaw County APC with a battering ram. He alludes to events in Ferguson. He hopes and prays that if something happens in this city and county, their public officials will support them in cases where injustices have been done.

10:23 p.m. Rita Mitchell says that she is choosing to speak now, although she chose not to speak earlier. She appreciates the rule that calls for speakers to speak on agenda items at the start of the meeting. She thanks the council for their action to postpone the item on leasing Fuller Park lots to UM. She hopes that the parks can be funded without leasing parkland for non-park uses. She also objects to inclusion of language in the lease about possible future use of the area as a train station. She wants the city to check into the condition of the trees that were supposed to be saved through the lease so many years ago.

10:25 p.m. Jeff Hayner says he hopes the city can get a better deal from the University of Michigan. He delivers a theatrical reading with a deer skull.

10:26 p.m. An Uber driver is now addressing the council in support of Uber and other ride-sharing services.

10:27 p.m. Adjournment. We are now adjourned. That’s all from the hard benches.

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

A report from the city administrator on options for deer management has led to a resolution on the Aug. 18 agenda appropriating $20,000 for the development of a deer management program.

Screenshot of Legistar – the city of Ann Arbor’s online agenda management system. Image links to the Aug. 18, 2014 meeting agenda.

Among the land use items on the Aug. 18 agenda is one related to use of city-owned land – three parking lots at Fuller Park: (1) the parking lot south of Fuller Road, next to the railroad tracks; (2) the paved parking lot north of Fuller Road at Fuller Park; and (3) the unpaved parking lot north of Fuller Road at Fuller Park. The lots are used by the University of Michigan during restricted hours.

The council will be considering a two-year lease with one additional two-year option for renewal. Annual revenue from this lease will be $78,665, and will be included as part of the parks and recreation general fund budget. The item was forwarded to the city council from the park advisory commission with a recommendation of approval.

Private land development items on the Aug. 18 agenda include final approval of the rezoning of land for the State Street Village project at 2221-2223 S. State St. The 4.5-acre parcel is proposed to be rezoned from M1 (limited industrial district) to O (office district). Also on the council’s agenda for approval is the site plan for the project that will be made possible by approval of the rezoning – a $10 million development by Ann Arbor-based McKinley Inc. The plan calls for constructing two 4-story apartment buildings at the rear of the site, totaling 112,262 square feet, with 38 units each. Another 2,027-square-foot building – for a leasing office with two apartments above it – would be built on the front of the parcel, on South State.

Also on the agenda for final approval is the rezoning required for an Ann Arbor Housing Commission project – a 4.8-acre site at 701 N. Maple Road. The zoning would change from R1C (single-family dwelling district) to R4B (multi-family dwelling district). The site plan, which is also on the council’s Aug. 18 agenda, calls for demolishing 20 existing single-family homes – the public housing complex known as North Maple Estates – and constructing an eight-building, 42-unit apartment complex with a total of 138 bedrooms. A related item on the agenda is the vacation of a portion of the city’s right-of-way for Seybold Drive.

Rezoning for 121 W. Kingsley Street for a private development is getting initial consideration by the council on Aug. 18. The project calls for rezoning the site from a planned unit development (PUD) to D2 (downtown interface). The development would include renovating the existing two-story, 2,539-square-foot building, plus constructing two additional buildings: (1) a 3.5-story addition to the existing building; and (2) a 4.5-story structure at the southeast corner of West Kingsley and North Ashley. In total, the development would include 22 units and 40,689 square feet. The estimated cost is $6.5 million.

Getting initial consideration by the council at its Aug. 18 meeting are changes to the city’s taxicab ordinance that have been recommended by the city’s taxicab board. The recommendations come in the context of the entry of Uber and Lyft into the Ann Arbor market. The companies offer the arrangement of rides through mobile networks with drivers who operate their own vehicles. Both companies have ignored cease-and-desist orders from the city.

Uber has sent its Ann Arbor customers an email asking them to sign an online petition supporting Uber’s continued ability to operate here.

One ordinance change would establish certain parameters to mitigate possible negative consequences to the setting of a very high maximum allowable taxicab rate, under which taxicab companies might eventually compete. Those parameters include a requirement that a taxicab company commit to a single rate annually and that the rate be advertised in a vehicle with signage in letters one-inch tall. The other ordinance would require that all drivers for hire – whether they are taxicab drivers or drivers who work for Uber or Lyft – register with the city, maintain proper insurance for their vehicles and acquire commercial plates.

In other significant business at its Aug. 18 meeting, the council will also be asked to confirm the re-appointment of Bob Guenzel to the board of the Ann Arbor Downtown Development Authority.

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

Fuller Park Parking Lease

The council will be considering a possible four-year extension on a University of Michigan lease of three parking lots at Fuller Park. The lease comes to the council with a recommendation of approval from the park advisory commission. The commission gave that recommendation at its July 15, 2014 meeting.

Map of parking lots at Fuller Park that are leased to the University of Michigan.

The existing lease expires on Aug. 31, 2014. The three lots are: (1) the parking lot south of Fuller Road, next to the railroad tracks (Lot A); (2) the paved parking lot north of Fuller Road at Fuller Park (Lot B); and (3) the unpaved parking lot north of Fuller Road at Fuller Park (Lot C). The lots are used by UM during restricted hours.

The city has leased Lot A to UM since 1993. Lots B and C have been leased since 2009.

The proposal, which requires city council approval, is for a two-year lease with one additional two-year option for renewal. Annual revenue of this lease will be $78,665, and will be included as part of the parks and recreation general fund budget. [.pdf of proposed lease agreement] [.pdf of staff report]

The hours that UM can use these lots are stipulated in the agreement:

• Lot A: 4 a.m. to 4 p.m. Monday through Friday.
• Lot B (paved lot): 6 a.m. to 5 p.m. Monday through Friday, beginning the day after Labor Day through the Friday before Memorial Day, excluding holidays.
• Lot C (unpaved lot): 6 a.m. to 5 p.m. Monday through Friday, excluding holidays.

At the PAC meeting when the lease was recommended, parks and recreation manager Colin Smith noted that the revenue from these three lots is significant for the parks and recreation operating budget. The current agreement – which was approved by the council in 2009 and extended by two administrative renewals – is essentially the same as the agreement that will expire, Smith told PAC.

The main purpose of the lots is for the parks, Smith explained. That’s reflected in the hours when UM can use the lots – on weekdays, prior to 4-5 p.m. The outdoor pool and soccer fields don’t need the quantity of parking during the winter or off-season. “It’s an asset within the parks department that we can either have sit there, or we can lease it for a significant amount of revenue that obviously helps us provide other programs,” he said. If the city doesn’t lease those parking lots, “I am absolutely certain that people will park in it anyway,” Smith added.

State Street Village

On Aug. 18, the council will consider final approval of the rezoning of land for the State Street Village project at 2221-2223 S. State St. The 4.5-acre parcel is proposed to be rezoned from M1 (limited industrial district) to O (office district). Also on the council’s agenda for approval is the site plan for the project that will be made possible by approval of the rezoning – a $10 million development by Ann Arbor-based McKinley Inc. The plan calls for constructing two 4-story apartment buildings at the rear of the site, totaling 112,262 square feet, with 38 units each. Another 2,027 square foot building – for a leasing office with two apartments above it – would be built on the front of the parcel, on South State.

Aerial view of State Street Village site.

Action on the initial approval came at the city council’s July 21, 2014 meeting. A recommendation for the rezoning was given at the June 17, 2014 meeting of the Ann Arbor planning commission.

At that meeting, commissioners recommended approval of the site plan, development agreement and rezoning for the project.

The front part of the site is currently a surface parking lot, and is zoned O (office). The rear parcel – 4.5 acres – is vacant, and zoned M1 (limited industrial). Residential developments are permitted in office-zoned areas. [.pdf of staff report]

The development will include 114 parking spaces in the rear of the site and 13 spaces for the front. Another 22 spaces in the surface parking lot will be shared by the existing office building just south of the site.

In addition, 44 covered bicycle spaces and 8 enclosed bicycle spaces will be provided near the entrances of the apartment buildings and 2 hoops will be placed near the entrance of the rental office building.

Instead of making a $48,360 requested donation to the city for parks, McKinley has proposed two 8×10-foot grilling patios with picnic tables and grills.

According to the staff memo, the footing drains of 18 homes, or flow equivalent to 71.91 gallons per minute, will need to be disconnected from the city’s sanitary sewer system to mitigate flow from this proposed development.

North Maple Road

To be considered for final approval by the council at its Aug. 18 meeting is the rezoning required for an Ann Arbor Housing Commission project – a 4.8-acre site at 701 N. Maple Road. The zoning would change from R1C (single-family dwelling district) to R4B (multi-family dwelling district). The site plan, which is also on the council’s Aug. 18 has been shifted to the Sept. 2 agenda, calls for demolishing 20 existing single-family homes – the public housing complex known as North Maple Estates – and constructing an eight-building, 42-unit apartment complex with a total of 138 bedrooms. A related item on the agenda is the vacation of a portion of the city’s right-of-way for Seybold Drive.

The Ann Arbor planning commission recommended all three items for approval at its June 17, 2014 meeting. The council gave initial approval of the rezoning at its July 7, 2014 meeting.

Aerial view of North Maple Estates site, outlined in green.

The project is part of a major renovation effort by the Ann Arbor Housing Commission of several of its properties. The site is on the west side of North Maple, between Dexter Avenue and Hollywood Drive. [.pdf of staff report]

The units in the eight-building, 42-unit apartment complex are proposed to have a total of 138 bedrooms. The units range in size from one bedroom to five bedrooms.

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

The project also requires the city to vacate a portion of the right-of-way for Seybold Drive. The surrounding land is owned by the housing commission, so if the right-of-way vacation is approved, the land would become part of the housing commission property. In a separate vote, the planning commission also recommended approving that request.

When the project was in front of the planning commission, planning staff noted three issues that need to be resolved before the project gets approval from city council:

The parcel containing two duplex buildings also owned by the Ann Arbor Housing Commission in the northeast corner of the site must be combined with the subject site, forming a single parcel as a requirement for issuance of any permits.

The legal description and comparison chart data must be confirmed to include the duplex parcel.

The northern-most parking stall, nearest the connection to Vine Court, must be relocated outside of the minimum front setback area.

According to the staff memo, after June 3 the city’s traffic engineer reviewed the proposed new connection from Seybold Drive onto Dexter Avenue, and concluded that sight distances from all approaches are acceptable. He suggested that the pavement markings on Dexter should be refreshed.

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

121 Kingsley West

Rezoning for 121 W. Kingsley Street for a proposed new development is getting initial consideration by the council on Aug. 18. The project calls for rezoning the site from a planned unit development (PUD) to D2 (downtown interface). The development would include renovating the existing two-story, 2,539-square-foot building, plus constructing two additional buildings: (1) a 3.5-story addition to the existing building; and (2) a 4.5-story structure at the southeast corner of West Kingsley and North Ashley. In total, the development would include 22 units and 40,689 square feet. The estimated cost is $6.5 million.

The rezoning will be on the council’s agenda, but the site plan will not come before the council until the zoning is considered for a second and final vote. The Ann Arbor planning commission’s recommendation of approval for the site plan and the rezoning came at its July 15, 2014 meeting.

Rendering of 121 Kingsley West project, looking south from Kingsley. The existing building is in the left foreground.

Developers are Tom Fitzsimmons, Peter Allen and Mark Berg. The architect is Marc Rueter.

There would be 29 parking spaces below the buildings – though only two spaces are required, based on residential premiums that the project is seeking. The premiums give the project additional floor area, compare to what’s allowed by right. An elevator for each building will be accessible from the parking level. The parking level of the east building will include a bike room with 14 spaces.

According to a staff report, the project’s development agreement will address “easements for encroachments onto the City right of way by the existing building, onsite stormwater management, verification of LEED points, six required footing drain disconnects, future façade alterations, and the contribution to Parks and Recreation Services.” [.pdf of staff report]

Planning commissioners unanimously recommended approval of the rezoning, site plan and development agreement. However, only five commissioners on the nine-member body were present, and the commission’s bylaws stipulate that approval requires six votes. So the project was forwarded to city council for consideration with a recommendation of denial from the commission. Wendy Woods, the commission’s chair, assured the developers that city council would be informed that the project secured unanimous support from all commissioners who were present.

The project is on the same site as a previously proposed project by Peter Allen called Kingsley Lane. That had been envisioned as a larger development with 46 units in a complex with two “towers” – at four and nine stories. According to a 2006 Ann Arbor News article, pre-sales of the units were slower than expected because of the struggling housing market, and ultimately financing fell through. At a July 9, 2013 planning commission work session, planning manager Wendy Rampson reported that the developers had lost the property to the bank, but subsequently secured the land and were expected to submit a new site plan.

Taxicab Ordinances

Getting initial consideration by the council on Aug. 18 are two changes to the city’s taxicab ordinance that have been recommended by the city’s taxicab board. The recommendations come in the context of the entry of Uber and Lyft into the Ann Arbor market. The companies offer the arrangement of rides through mobile networks with drivers who operate their own vehicles. Both companies have continued to operate in Ann Arbor, despite cease-and-desist orders from the city. [.pdf of cease-and-desist sent to Lyft] [.pdf of cease-and-desist sent to Uber]

The vote to recommend the ordinance changes came at the July 24, 2014 meeting of the taxicab board.

These issues were also discussed at three monthly meetings of the taxicab board prior to that, on April 23, 2014, May 22, 2014 and June 26, 2014.

One ordinance change would establish certain parameters to mitigate possible negative consequences to the setting of a very high maximum allowable taxicab rate, under which taxicab companies might eventually compete. Those parameters include a requirement that a taxicab company commit to a single rate annually and that the rate be advertised in a vehicle with signage in letters one-inch tall.

The current structure for fare regulation already allows for the adoption of a maximum rate to be adopted by the city council. Currently the maximum rate in Ann Arbor is $3 to get in, $2.50 per mile, and 40 cents per minute waiting time. Those maximum rates were last adjusted upwards three years ago, on May 16, 2011, in response to gas prices that had nudged past $4 per gallon. At that time, the taxicab board indicated it did not anticipate considering another rate change until the gas prices were over $5 for at least two consecutive months.

So the taxicab board’s thinking is not being driven by gas prices, which are currently between $3.75 and $4 in the Ann Arbor area. Instead, a possible increase in allowable fares is based on concern that the taxicab industry in Ann Arbor might not be able to survive unless taxis are allowed to charge more.

At its July 24 meeting, taxicab board members discussed the possibility of delaying their recommendation on the ordinance changes until the board could also make a specific recommendation on the price point for a very high maximum rate. But ultimately board members felt that a recommendation on a price point for a new maximum rate could come later – especially because ordinance changes require a first and second reading in front of the council. There would be a window of opportunity between those readings to make a recommendation on the higher maximum. The taxicab board’s next meeting is scheduled for Aug. 28 at 8:30 a.m. at city hall.

The other ordinance change to be given initial consideration would require that all drivers for hire – whether they are taxicab drivers or drivers who work for Uber or Lyft – register with the city, maintain proper insurance for their vehicles and acquire commercial plates. Commercial plates would require that the commensurate commercial insurance is carried.

And the absence of commercial plates on a vehicle that is observed to be used for picking up or dropping off passengers would provide a primary reason for a traffic stop by Ann Arbor police. At the taxicab board meetings over the last few months, representatives of the taxicab industry argued that the state statute regulating limousines already gives the city the ability to enforce against Uber and Lyft drivers.

Deer Management

Attached to the Aug. 18 city council agenda is a report from the city administrator outlining issues and options for management of the urban deer herd in Ann Arbor. Based on that report is a resolution, sponsored by Sabra Briere (Ward 1) and Jane Lumm (Ward 2), that would accept the report and appropriate $20,000 from the general fund for development of a “community endorsed deer management plan.” [.pdf of Aug. 14, 2014 deer management options report]

The council had directed the preparation of the report on various options in a resolution approved at its May 5, 2014 meeting. The report was to have been delivered to the council by July 31.

Fall 2015 is the earliest date identified in the report as a possible timeframe for a culling of the herd.

Before developing a specific plan – that could involve killing deer or not – input from Washtenaw County Parks and Recreation and the University of Michigan would be sought. And the Michigan Department of Natural Resources would need to approve any plan for deer management. The Aug. 14 report includes descriptions of deer management plans in other Michigan cities that range from ordinances prohibiting the feeding of deer to culling programs that shut down city parks and prescribe shooting lanes for archers.

City of Ann Arbor staff estimate that six months would be needed for public engagement. That public engagement could start within 45 days of city council approval to proceed.

Estimated staff time to develop the specific plan is 160 hours, according to the Aug. 14 report. Contractual public engagement and support to develop a management plan are estimated at $20,000.

Other facts included in the plan are the fact that neither city parks nor golf courses have had vegetation damage by deer. The cost to the city for disposing of deer carcasses in fiscal year 2014 was $5,850.

Estimated cost to kill 40-50 deer in the city of Ann Arbor is $25,000-$27,000 per year. That amount includes city staff administration cost in the amount of $14,000.

All deer-car accidents in Washtenaw County from 2004 through 2013 are plotted in the dynamic map below. Map is by The Chronicle with data from michigantrafficcrashfacts.org

Only five members of the nine-member Ann Arbor planning commission were present on July 15, so Wendy Woods was alone on her side of the table. She was later elected chair of the commission, and moved to a different seat to preside over the meeting. (Photos by the writer.)

Developer Tom Fitzsimmons and his partners Peter Allen and Mark Berg were assured that the city council would be informed of the circumstances under which the vote was taken.

The plans call for 22 condos in two new structures and an existing building. The request is for approval of a site plan, development agreement and rezoning – from a planned unit development (PUD) to D2 (downtown interface district). The PUD, which has expired, was for a larger development on that same site that was never built – Peter Allen’s Kingsley Lane.

The tallest building at 121 Kingsley West would be 58.4 feet high – just under the 60-foot height limit for D2 zoning.

In other action on July 15, commissioners elected new officers for the coming fiscal year, which began on July 1. Wendy Woods was unanimously elected to serve as the commission’s chair, replacing Kirk Westphal. She has served as vice chair for the past two years. Ken Clein, who has served as secretary, was elected vice chair, replacing Woods in that position. Westphal reported that Jeremy Peters had expressed interest in serving as secretary, though he did not attend the July 15 meeting. Peters was unanimously elected to that position. None of the officer elections were contested.

Planning commissioners also unanimously adopted a master plan resolution and list of resource documents used to support the master plan. This is part of an annual evaluation of the master plan that’s required by the commission’s bylaws. There are no significant changes. Separately, they voted to approve the FY 2015 work program, which planning manager Wendy Rampson characterized as ambitious.

121 Kingsley West

The July 15 agenda included a request to recommend rezoning of 121 W. Kingsley, as well as a site plan and development agreement for a 22-unit condo development called 121 Kingsley West.

Rendering of 121 Kingsley West project, looking south from Kingsley. The existing building is in the left foreground.

The development would include renovating the existing two-story, 2,539-square-foot building, plus constructing two additional buildings above a common parking deck: (1) a 3.5-story addition to the existing building on the south; and (2) a 4.5-story structure at the west side of the site, at West Kingsley and North Ashley. In total, the development would include 22 units and 40,689 square feet.

The tallest building would have a height of 58.4 feet, which is slightly below the 60-foot maximum allowed in that zoning designation.

The project calls for rezoning the site from a planned unit development (PUD) to D2 (downtown interface). The site is surrounded by other D2-zoned parcels on the east, west and south sides. Across the street to the north, the land is zoned R4C, where mostly one- and two-story homes are located. To the west are also one- and two-story homes, though the land is now zoned D2. To the east, most of the homes along Main Street have been converted to offices. And to the south along Catherine and Ashley is a newer office building.

Developer Peter Allen.

Currently, the site includes a two-story brick building on the northeast corner, with a parking lot on the south half of the lot. The far northwest corner of the site, at Kingsley and Ashley, has never been built on, according to Jill Thacher, who gave the planning staff report.

One curbcut is proposed off of Kingsley, which would lead into the parking area between the buildings. There would be 29 “formal” parking spaces below the buildings – though only two spaces are required, based on residential premiums that the project is seeking. The premiums give the project additional floor area, compared to allowable by-right square footage. If premiums were not sought, no parking would be required for D2 zoning.

An elevator for each new building will be accessible from the parking level. The parking level of the east building will include a bike room with 14 spaces, plus three other bike spaces elsewhere in the garage.

Ten street trees will be planted along the Kingsley and Ashley front lot lines, and interior landscaping will be provided.

The developers are requesting that the city change the designation for the street frontage from “front yard,” which has a 15-foot minimum setback, to “secondary street,” which has a zero to 15-foot setback. The proposed new setbacks would be for a 7.35-foot setback on West Kingsley and an 8-foot setback on South Ashley.

Jill Thacher of the city’s planning staff.

Thacher reported that the project was evaluated by the city’s design review board on March 19 and determined that it generally met the intent of the downtown design guidelines. The main objection from board members was their perception of a weak connection between the proposed design of the new building and the existing two-story building.

According to a staff report, the project’s development agreement will address “easements for encroachments onto the City right of way by the existing building, onsite stormwater management, verification of LEED points, six required footing drain disconnects, future façade alterations, and the contribution to Parks and Recreation Services.” [.pdf of staff report]

The estimated cost is $6.5 million.

Developers are Tom Fitzsimmons, Peter Allen and Mark Berg, who all attended the July 15 meeting. Fitzsimmons and architect Marc Rueter answered questions from commissioners.

The project is on the same site as a previously proposed project by Peter Allen called Kingsley Lane. That had been envisioned as a larger development with 46 units in a complex with two “towers” – at four and nine stories. According to a 2006 Ann Arbor News article, pre-sales of the units were slower than expected because of the struggling housing market, and ultimately financing fell through. Last year, at a July 9, 2013 planning commission work session, planning manager Wendy Rampson reported that the developers had lost the property to the bank, but subsequently secured the land and were expected to submit a new site plan. The PUD for Kingsley Lane had expired.

121 Kingsley West: Public Hearing

Two representatives of the developers were the only speakers during the public hearing. Tom Fitzsimmons said that he and his partners – Mark Berg and Peter Allen – were excited to bring new housing to the downtown area. Allen and Berg have been working on a plan since 2003, he noted. The Kingsley Lane project was a previously approved PUD, with mostly housing. It was 105 feet tall with nine stories, he said.

From left: Architect Marc Rueter and developer Tom Fitzsimmons.

Fitzsimmons pointed out that he’s done a lot of work in the near downtown area, in both R4 and D2 zoning districts. He thought this project was a good one, in terms of meeting the D2 zoning guidelines, and providing a design that transitions from the near-downtown neighborhoods to the downtown. He hoped the project would receive a recommendation of approval.

Architect Marc Rueter described the design concept. The first objective was to introduce the site to traffic coming off of Kingsley, with the parking almost completely hidden from view. One of the comments from the design review board was that there should be “a little more interest” from Kingsley, he said. At that time, there were fewer windows and no balconies on that side. Since then, the design has been revised to add more balconies and windows on the north side facing Kingsley. Also, some of the materials have been changed from brick to a very dark porcelain tile on the main building.

Rueter also pointed out that the trash dumpsters are completely enclosed in a garage that will be opened on trash day. The mechanical equipment is also completely concealed, he said.

One of the project’s objectives was to try to get as much pedestrian connection to the site as possible, Rueter explained. So there’s a small stairway and ramp coming off Kingsley, leading to a community area on the site. Pedestrians can also enter off Ashley, or off of the alley, which Rueter said would be a good place for pizza delivery, mail, and other service deliveries. All the pedestrian entrances come together in the center of the site, where there’s a fairly large community deck.

121 Kingsley West: Commission Discussion

Before beginning the discussion, Wendy Woods noted that because only five commissioners were present, it would not be possible to achieve the six votes necessary for a recommendation of approval. She characterized that outcome as a “technical denial,” and noted that the council would be aware of the circumstances.

Planning commissioner Diane Giannola.

Diane Giannola asked if the existing brick building is historic. Jill Thacher of the city’s planning staff replied that it was built in 1947, and isn’t located in an historic district. So it’s not considered historic.

Giannola then asked whether the units would be apartments or condominiums. Tom Fitzsimmons from the development team said they planned to market the units as condos. The old building will be converted into one condominium unit, although they’ll be flexible if there’s not the demand for that. He said the project has received a lot of interest from people who want to live downtown.

Kirk Westphal asked about floor-area ratio (FAR). FAR – a measure of density – is the ratio of the square footage of a building divided by the size of the lot. A one-story structure built lot-line-to-lot-line with no setbacks corresponds to a FAR of 100%. A similar structure built two-stories tall would result in a FAR of 200%.

The 121 Kingsley West project has a proposed 247% FAR. The maximum allowed by right is 200%, and the maximum with premiums is 400%. Thacher pointed out that the project doesn’t use all the available premiums – only the premiums given for residential development. Planning manager Wendy Rampson explained that it’s not possible to achieve 400% FAR using only the residential premiums.

Planning commissioner Wendy Woods.

Westphal noted that it would be possible to achieve a higher FAR, and also pointed out that the project has parking spaces far in excess of the requirements. He asked if the developer would like to comment.

Fitzsimmons replied that they’re designing a building to fit well within the scale of the area. Some of the constraints are the basic zoning guidelines of height, setbacks and other design aspects. They’re keeping the existing building on site, so the design is based around that. “We looked at the whole thing as a package,” he said. They are not trying to max out every possible square foot.

In developing condominiums, there are tradeoffs, Fitzsimmons said. They have to make sure there’s enough available parking, which isn’t as critical if you’re marketing apartments. It would be nice if everyone who lived downtown didn’t have cars, he added, “but that’s just not reality where we’re at.”

Building codes are another issue, he noted. That includes how the project deals with elevator access to the upper floors, and how the mezzanine level is handled. The top floor is really a mezzanine, he explained – covering one-third of the floor below it. That was done so that the top floor wouldn’t visually overwhelm the area, Fitzsimmons said. It’s similar to the Liberty Lofts building on the Old West Side, which also has many two-story homes on two sides.

So they’re not trying to maximize square footage, Fitzsimmons said, but rather they’re trying to do something appropriate within the existing constraints.

Westphal said he appreciated the effort to tuck away the parking.

Eleanore Adenekan clarified with Fitzsimmons that a condo association would be responsible for snow removal.

Developer Tom Fitzsimmons.

Responding to another query from Adenekan, Fitzsimmons explained that units will range between 1,100 and 2,400 square feet. Each condo will have either one or two spaces of dedicated parking, based on the size of the condo. Additional parking spaces will be available on the site. Fitzsimmons noted that Ashley has on-street parking, unlike his other development on North Main Street.

Ken Clein asked about the height. He noted that the zoning allows for streetwall height of two stories minimum and three stories maximum. The zoning comparison chart provided in the staff report lists the project’s streetwall height at three stories. But to him, the streetwall for the building along Ashley looked more like five stories.

Thacher explained that the zoning code has a provision that allows the streetwall height to be averaged. Rueter described it as “an extremely complex site, and zoning is usually written for flat sites.”

Zoning code allows a project to establish an average grade throughout the site by taking into account all the different grades on the site. Everything in the development that’s more than 50% lower than the average grade is considered a basement, he said. It doesn’t count as a story, in terms of calculating height. The building’s plinth establishes the grade line for the first story, he said.

Rueter further explained that the zoning requires a specific setback, but it also allows a project to average that setback. So that’s what this project is doing, he said. That allows them to slightly decrease the mass on the north and south sides.

Clein replied that it still seems like it’s four stories from the plinth – in the renderings, there are four sets of windows going up, he noted. Rampson further clarified that because it’s on a corner lot, they’re allowed to apply the streetwall setback – the setback that starts at the top of the building’s streetwall – to both the Ashley and Kingsley frontages. The developers chose to have no streetwall setback for a portion of the streetwall on Ashley. They’re applying that displaced setback on the Kingsley side, and elevating a portion of the building on the south side. The city’s code didn’t anticipate how to treat a corner lot, she said. Rampson acknowledged that it was hard to describe.

From left: Planning manager Wendy Rampson, and planning commissioners Kirk Westphal and Wendy Woods.

Fitzsimmons noted that the code allows for some flexibility in how to do the setback. Rueter added that a uniform 5-foot setback is not necessarily the best way to utilize decks or public space, or to achieve a strong building facade.

Clein stressed that he liked the design, “but I’m imagining that neighbors or other people will look at that and say ‘That doesn’t look like a three-story wall to me.’”

Clein also clarified with staff that the LEED premiums would be “LEED equivalent” – that is, there’s no requirement that they must be officially LEED certified. Thacher noted that the development agreement will include plans for how to reach that equivalent status, and how they’ll prove it before building permits are issued. Rampson added that a registered LEED professional will have to sign off on it, and it’s intended to be an objective evaluation. The premiums are awarded for “energy and atmosphere” points, she explained, not just general LEED points.

As is his habit, Clein asked about the building materials that are proposed. Rueter replied that originally, the design called for brick on the lower level, to tie in with the existing building. But the design review board had suggested using a different material that would allow them to keep the existing building painted a dark green. So instead of stripping the paint off that building, they decided not to use brick on the other buildings, and instead chose a porcelain tile. Other materials include cementitious panel system, which would be painted a dark color, as well as a lighter-colored HardiPlank and corrugated steel.

Clein also clarified with staff that the stormwater management system will be detaining water underground until it infiltrates.

Wendy Woods said she liked the dark green color of the existing building, saying it reminded her of California. Rueter said the color scheme is taken from Aubrey’s and Sidetrack in Ypsilanti’s Depot Town.

Outcome: Commissioners voted unanimously to recommend approval of the rezoning, site plan and development agreement. However, only five commissioners were present, so it failed to achieve the six votes needed for a recommendation of approval. It will be forwarded to the city council with a recommendation of denial, with an explanation of the attendance.

Officer Elections, Bylaws

The July 15 agenda included organizational items for the new fiscal year, which began July 1. The commission holds officer elections at this time each year. This was the first major item on the agenda.

The elections were held according to the commission’s bylaws:

Section 6. The election of officers shall be held at the first regular meeting in July, provided that if that meeting should occur on July 1, the election of officers shall be held at the next regular meeting.

Section 7. Nominations of officers shall be made from the floor, and the election shall be held immediately thereafter. Voting shall be by secret ballot when more than one candidate has been nominated for the office. If only one candidate has been nominated for the office, the election may proceed on a voice vote at the discretion of the Chair.

Section 8. A candidate receiving a majority vote of the entire membership of the Commission shall be declared elected and shall serve a term of one (1) year or until the candidate’s successor shall take office.

Kirk Westphal, who has chaired the commission for the past two years, presided over the meeting until the new chair was elected.

Kirk Westphal cast a vote during the July 15 meeting. He presided over the early part of the meeting as chair until Wendy Woods was elected to that position. Westphal is running for Ann Arbor city council in the Ward 2 Democratic primary against Nancy Kaplan.

Wendy Woods was nominated as chair. She has served as vice chair for the past two years. There were no other nominations.

Outcome: On a voice vote, Woods was unanimously elected chair, with no competing nominations.

Westphal and Woods switched seats, and Woods presided over the remainder of the meeting.

Ken Clein, who has served as secretary, was nominated as vice chair, to replace Woods in that position.

Westphal reported that Jeremy Peters had expressed interest in serving as secretary, though he did not attend the July 15 meeting. None of the officer elections were contested.

These three positions make up the commission’s executive committee.

Outcome: In separate voice votes, Clein and Peters were elected as vice chair and secretary, respectively.

This is also the time of year when the commission’s bylaws are reviewed. Planning manager Wendy Rampson introduced staff recommendations for changes to the bylaws, which had also been discussed at a July 8 working session. She noted that when revisions to bylaws are being considered, the commission must provide notice at a meeting before that potential action.

Planning commissioners had originally adopted revisions to their bylaws at a Feb. 20, 2014 meeting. Those changes related to two issues: how city councilmembers interact with the commission; and public hearings.

Revisions to bylaws require city council approval. However, the city attorney’s office did not forward the Feb. 20 changes to the council for consideration. There was no action until earlier this month, when assistant city attorney Kevin McDonald provided suggested revisions to the bylaws related to public hearings. Those were the changes that were presented to commissioners at their July 8 working session, and again at their July 15 regular meeting. [.pdf of revised bylaws regarding public hearings] [.pdf of bylaws staff memo]

The main changes are in Article VIII Section 5 [deletions in strike-thru, additions in bold]:

Section 5. At the discretion of the Chair, or by vote of a majority of the members present, public hearings may be continued to another date. meeting, but will not be deemed to be a new hearing but a continuation of the original. If a public hearing is continued, individuals who have not previously addressed the Commission during the public hearing may address the Commission following the requirements of Section 3. Individuals who have addressed the Commission previously during the public hearing may only address the Commission for additional time (as limited by Section 3) during the continued public hearing if the Chair, with the consultation of Planning and Development Services staff, determines that: 1) additional public feedback is necessary, or 2) a specific petition has materially changed since the date of the original public hearing date. Agendas for continued public hearings shall specify whether members of the public shall be granted additional time to speak.

There were no changes suggested for the revisions that were passed by planning commissioners on Feb. 20 related to interactions with city councilmembers. That revised section states:

Section 9. A member of the City Council shall not be heard before the Commission during the Councilmember’s term in office.

Kirk Westphal asked for clarification of the process. Rampson explained that after commissioners discuss these revisions at their next meeting, if they adopt the changes then it will be forwarded to the council for consideration. The bylaws must be approved by the council before taking effect.

Outcome: This was not a voting item. The bylaws revisions will likely appear on the Aug. 6 planning commission agenda.

Master Plan Review

The July 15 agenda included a review of the city’s master plan and list of resource documents used to support the master plan. This is part of an annual evaluation of the master plan that’s required by the commission’s bylaws. No significant changes were proposed. [.pdf of master plan resolution]

From left: Planning commissioners Eleanore Adenekan, Ken Clein and Diane Giannola.

Seven documents constitute the city’s master plan: (1) sustainability framework, adopted in 2013; (2) parks and recreation open space (PROS) plan, as adopted in 2011; (3) land use element, as adopted in 2013 to add the South State corridor plan; (4) downtown plan, as adopted in 2009; (5) transportation plan update, as adopted in 2009; (6) non-motorized transportation plan, adopted in 2007; and (7) natural features master plan, adopted in 2004.

On July 15, the commissions were also asked to adopt a revised list of resource documents, with two new additions: (1) the climate action plan; and (2) the North Main/Huron River corridor vision report, which replaces the 1988 North Main Street corridor land use plan. Planning manager Wendy Rampson noted that commissioners had discussed making these additions at earlier meetings.

Commissioners had held a public hearing on a master plan update at their May 6, 2014 meeting, as part of this annual review process. Only one person – Changming Fan – spoke during the hearing, asking the commission to include his company’s technology in the master plan. The hearing continued on July 15, but no one spoke.

According to a staff report, in FY 2015 – which began on July 1, 2014 – the planning staff and commission will work to update the master plan in the following ways: (1) incorporating a right-of-way plan for Washtenaw Avenue; (2) developing a greenway plan for Allen Creek; and (3) revising the future land use recommendations for the North Main/Huron River corridor. They also will assist the Ann Arbor Downtown Development Authority in creating a streetscape framework plan and help city staff identify a locally preferred alternative for the connector high-capacity transit route.

Discussion was brief. Kirk Westphal asked about the sustainability framework action plan, and whether that would eventually become a resource document. Rampson replied that city staff had discussed using it internally as a way to organize the work of various commissions and staff, and to gauge how that work relates to achieving the sustainability goals. “I think it’s more of a communication tool,” she said. However, if the planning commission at some point feels that it’s important to include in the master plan’s resource documents, that would be an option.

Westphal characterized it as a work plan for all the commissions, in a way.

Ken Clein asked where the Reimagine Washtenaw initiative would fit. Rampson replied that a recently competed study of that corridor had recommended a right-of-way plan in order to implement the Complete Streets approach along Washtenaw Avenue. [.pdf of right-of-way study] One possibility would be to adopt a future right-of-way line, she explained, that could eventually allow for a bike lane or a high-capacity transit lane. It would set a mark from which building setbacks would be measured. So it’s listed as a future possibility for the master plan, she noted, as an amendment to the land use element or transportation plan.

Outcome: Commissioners unanimously passed the master plan resolution and update to the resource document list.

Annual Work Program

Commissioners were asked to approve the FY 2015 work plan. [.pdf of FY 2015 work plan]

Planning manager Wendy Rampson.

“This is your To Do list for the next year,” planning manager Wendy Rampson said. “It’s very ambitious.”

In addition to items that are related to the master plan, Rampson highlighted the affordable housing needs study, and the work of the affordable housing subcommittee. That group includes planning commissioners Jeremy Peters and Eleanore Adenekan, as well as members of the city’s housing & human services advisory board and staff of the Washtenaw County office of community & economic development (OCED). The needs study includes a survey that OCED is currently undertaking.

The work plan also consists of the capital improvements plan (CIP) review, which will begin this fall, as well as several ordinance revisions:

• A2D2 downtown zoning amendments: Completion target – December 2014.
• Citizen participation ordinance evaluation and amendments: Completion target – January 2015.
• Zoning ordinance re-organization (ZORO) amendments: Completion target – January 2015.
• Redevelopment Ready certification: Completion target – November 2014.
• R4C-R2A zoning amendments: Completion target – March 2015.
• Floodplain ordinance/flood insurance impacts: Completion target – March 2015.
• Accessory apartments/affordable housing amendments: Completion target – TBD.

Rampson reported that in terms of staff work load, most of the numbers had increased – for work like development reviews and site compliance activity, among other things. [.pdf of FY 2014 work plan update]

Ken Clein noted that while this work plan is a blueprint, it also depends on work flow coming into the city for developments and other projects, which would take top priority for planning staff. “So petitioners out there shouldn’t be afraid that we’re going to ignore [their projects] because we’ve got all these other great things to work on, and the community shouldn’t be afraid that if there aren’t petitions, there won’t be enough work for staff to do,” he said.

Outcome: Commissioners unanimously adopted the work program.

Betke Annexation & Zoning

The July 17 agenda included a request to annex an 0.09-acre strip of land from Ann Arbor Township and to zone it as R1A (single-family residential).

Aerial view of 2562 Newport. The dark strip is the parcel to be annexed.

The property is attached to 2562 Newport, which was annexed into the city in August of 2011. The vacant strip – 12 feet wide and 330 feet long – was inadvertently omitted in that original annexation. It’s necessary to annex now in order to clear the title so that the property can be sold.

According to a staff report, there are no plans to build anything on this strip. Jill Thacher of the city’s planning staff characterized the action as “cleaning up and adding this strange little panhandle onto the main parcel.”

Thacher noted that the parcel doesn’t reach Warrington Drive, and would never be used as a driveway. At one point there was a well on this strip, but now the site uses city services and the well has been removed.

The current owners are Erik and Alicia Majcher. The petitioner is Michael Betke. No one spoke during a public hearing on the item, and there was no discussion among commissioners.

Outcome: The rezoning and annexation were unanimously recommended for approval. The item will be forwarded to the city council for consideration.

Communications & Commentary

Every meeting includes several opportunities for communications from planning staff and commissioners. No one spoke during either of the opportunities for general public commentary. Here are other highlights from July 15.

At a July 8, 2014 Ann Arbor planning commission work session, architect Robb Burroughs showed concept designs for a Toll Brothers residential development along Nixon Road.

Communications & Commentary: Planning Manager Update

Planning manager Wendy Rampson noted that there had been a citizen participation meeting about a proposed development along Nixon Road – a residential complex by the Toll Brothers. It was very well attended, with over 200 people, she said – making it the largest citizen participation meeting since the ordinance was adopted. She wasn’t sure when the project would be submitted to the city. [Representatives of the Toll Brothers had attended the commission's July 8 working session to present a "concept plan" for the project.]

Rampson also noted that the Ann Arbor housing commission has decided to expand its development on Platt Road, south of Packard – so they’ll be holding another citizen participation meeting about that on Monday, July 28 at 7 p.m. at the Ann Arbor District Library’s Malletts Creek branch, 3090 E. Eisenhower. The city council’s July 21 meeting includes an item authorizing the purchase of property at 3401 Platt Road on behalf of the housing commission. That property is adjacent to the existing AAHC site, and would be used for the expanded project.

Rampson clarified that this is not the same site as a county-owned property on Platt Road, which is be considered for affordable housing.

Communications & Commentary: DDA Streetscape Framework

Ken Clein, who represents the planning commission on the partnerships committee of the Ann Arbor Downtown Development Authority, reported that the DDA held another advisory committee meeting for the streetscape framework project on July 8. Committee members met with consultants hired by the DDA to figure out how to proceed. There will be a public forum on the project sometime in September. [The DDA board authorized a $200,000 contract for development of a streetscape framework plan at its Nov. 6, 2013 meeting.]

Clein said the goal is to complete the project by the end of this calendar year, and to report out in early 2015.

Communications & Commentary: Ordinance Revisions Committee

Kirk Westphal reported that the planning commission’s ordinance revisions committee (ORC) had met prior to the commission’s regular meeting on July 15. They discussed parcels along Huron Street, and are looking at changing height maximums as well as ways of addressing the shape of buildings. This is the next step in a process, based on a city council directive, to review and recommend zoning changes in specific parts of the downtown. The overall intent was in large part to buffer near-downtown residential neighborhoods. The commission had unanimously approved a set of recommendations at its Dec. 3, 2013 meeting.

Implementation of ordinance changes related to those recommendations began with a vote at the commission’s May 6, 2014 meeting to rezone a large parcel at the southeast corner of Main and William – at 425 S. Main – from D1 (downtown core) to D2 (downtown interface), a lower-density zoning. The commission also recommended adding new requirements to the Main Street character district, where 425 S. Main is located. At that May 6 meeting, they voted 6-3 to recommend changes that include setting a maximum height of 100 feet for properties in that district that are zoned D2, and requiring upper story stepbacks from any residential property lines. That maximum was 40 feet taller than the 60-foot height limit specified for D2 zoning elsewhere in the downtown.

However, when the changes were forwarded to city council for consideration, the council amended the height down to 60 feet. Councilmembers gave initial approval of that amended version on June 16, 2014. The item is on the council’s July 21 agenda for final approval.

Communications & Commentary: Resolution of Appreciation

Because only five commissioners on the nine-member entity were present, planning manager Wendy Rampson suggested deferring action on a resolution of appreciation for outgoing member Paras Parekh, who is resigning to move to Chicago.

His replacement will be nominated by the mayor and confirmed by the city council. Application forms are available on the city’s website.

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

Absent: Bonnie Bona, Sabra Briere, Jeremy Peters.

Next meeting: Wednesday, Aug. 6, 2014 at 7 p.m. in council chambers at city hall, 301 E. Huron. [Check Chronicle event listings to confirm date]

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Rendering of 121 Kingsley West project, looking south from Kingsley. The existing building is in the left foreground.

The project calls for rezoning the site from a planned unit development (PUD) to D2 (downtown interface). The development would include renovating the existing two-story, 2,539-square-foot building, plus constructing two additional buildings: (1) a 3.5-story addition to the existing building; and (2) a 4.5-story structure at the southeast corner of West Kingsley and North Ashley. In total, the development would include 22 units and 40,689 square feet. The estimated cost is $6.5 million.

Developers are Tom Fitzsimmons, Peter Allen and Mark Berg, who all attended the July 15 meeting. Fitzsimmons and architect Marc Rueter answered questions from commissioners.

There would be 29 parking spaces below the buildings – though only two spaces are required, based on residential premiums that the project is seeking. The premiums give the project additional floor area, compare to what’s allowed by right. An elevator for each building will be accessible from the parking level. The parking level of the east building will include a bike room with 14 spaces.

According to a staff report, the project’s development agreement will address “easements for encroachments onto the City right of way by the existing building, onsite stormwater management, verification of LEED points, six required footing drain disconnects, future façade alterations, and the contribution to Parks and Recreation Services.” [.pdf of staff report]

Commissioners unanimously recommended approval of the rezoning, site plan and development agreement. However, only five commissioners on the nine-member body were present, and the commission’s bylaws stipulate that approval requires six votes. So the project will be heading to city council for consideration with a recommendation of denial from the commission. Wendy Woods, who was elected chair earlier in the meeting, assured the developers that city council would be informed that the project secured unanimous support from all commissioners who were present.

The project is on the same site as a previously proposed project by Peter Allen called Kingsley Lane. That had been envisioned as a larger development with 46 units in a complex with two “towers” – at four and nine stories. According to a 2006 Ann Arbor News article, pre-sales of the units were slower than expected because of the struggling housing market, and ultimately financing fell through. At a July 9, 2013 planning commission work session, planning manager Wendy Rampson reported that the developers had lost the property to the bank, but subsequently secured the land and were expected to submit a new site plan. The PUD for Kingsley Lane had expired.

This brief was filed from the council chambers at city hall, 301 E. Huron, where the planning commission holds its meetings. A more detailed report will follow.