A site plan to expand the existing Concordia University gym was approved by the city council with scant discussion, but with thanks expressed by Jane Lumm (Ward 2) Concordia University CEO Curt Gielow.

Aerial view of Concordia campus.

The plan also includes reconfiguring nearby parking lots and stormwater management features on the 187-acre site at 4090 Geddes Road, just west of US-23 and north of the Huron River. The city planning commission recommended approval of the site plan at its March 4, 2014 meeting.

Planning commissioners granted a special exception use for the project. That’s required because the private university is located on a site zoned R1B (single-family residential district). The site plan requires city council approval, but the special exception use does not.

The proposal calls for a three-story, 34,391-square-foot addition to the current 22,021-square-foot gym that was built in the early 1960s, located on the west side of Concordia’s main campus. [.pdf of campus map] The addition will include men’s and women’s locker rooms, athletic office space, classrooms and an auxiliary gym.

A second phase of the project entails constructing a single-story, 5,280-square-foot athletic training room. An existing gravel parking area west of the gym will be paved and landscaped, and another lot north of the gym along Geddes will get new landscaping and bioswales. A total of 92 new parking spaces will be created, mostly in the former gravel lot.

A new stormwater management system will be completed to address a 100-year storm event, including a detention pond with an outlet into a bioswale south of the developed area. The site plan is for a planned project, which allows variations in height and placement. The proposed addition would be 39 feet high. The site’s zoning has a height limit of 30 feet. The existing gym is about 33 feet high, measured at the midpoint of the roof.

In other action on land use approvals at its April 21 meeting, the council approved a site plan that expands an office building at 278-280 Collingwood. The proposal received a recommendation of approval from the Ann Arbor planning commission at its March 18, 2014 meeting.

Aerial view indicating location of 278-280 Collingwood Drive.

The site plan calls for removing the existing second floor on the east side of the office building and constructing a 2,451-square-foot second floor over the entire building for office use.

A new staircase will be added at the southwest corner of the building. The second floor will overhang the first floor along the front of the building and along part of the north side. An existing curbcut on the north side of the property will be removed. The current 22 parking spaces on the site will be reduced to 17.

Planning commissioners approved modifications to the city’s landscaping requirements for this site. Total construction cost for this project is estimated at $300,000. The office building is located in Ward 4. Collingwood Drive is a street off of West Stadium Boulevard, just south of West Stadium’s convergence with South Maple Road. [.pdf of staff memo]

Finally, the council approved a site plan for the overhaul of a Shell station and a new drive-thru restaurant at 2991 S. State. The site is located at the northeast corner of the East Eisenhower Parkway and South State Street.

Aerial view of the site for a Shell station and drive-thru restaurant at the northeast corner of South State and East Eisenhower.

The city planning commission recommended approval of the site plan at its March 18, 2014 meeting. The plan calls for demolishing the current one-story convenience store and car wash on this site, which total 2,435 square feet. In its place, the owner – Joseph Kafi of JAK Cubed LLC – would put up a single building with a 1,250-square-foot drive-thru restaurant and 3,000-square-foot convenience store.

The existing gas pump island canopy will remain in place, and two pumps will be relocated to spots under the canopy. According to a staff memo, a single lane drive-thru would be primarily accessed from the existing East Eisenhower Parkway curb cut. Vehicles would move in an east-to-north direction before exiting onto either South State or East Eisenhower.

The drive-thru lane provides stacking for up to nine vehicles and would be screened to the west by the proposed new building. A total of 22 parking spaces are proposed for the site, including eight that are located at the four gas pump islands. The project, located in Ward 4, is estimated to cost $800,000. The business is expected to remain open during construction. The existing convenience store will then be demolished after the new building is finished.

The specific restaurant to be located there is still being negotiated. [.pdf of staff report]

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

The presentation of the city administrator’s proposed budget for fiscal year 2015, which starts July 1, 2014, is the main event of the Ann Arbor city council’s April 21 meeting. As the second council meeting of April, it’s the occasion specified in the city charter for that presentation.

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

At its April 21 meeting, however, the council won’t be voting on next year’s budget. Under the city charter, the council will need to adopt the budget by the time of its second regular meeting in May, which falls on May 19 this year. The Chronicle has covered the FY 2015 budget preview in a separate article.

Related to this year’s budget is an agenda item for April 21 that will transfer $600,000 from the affordable housing trust fund to the Ann Arbor Housing Commission. The city administrator had been directed by the council to prepare the budget amendment at its March 3, 2014 meeting. The action was contingent on the final closing of the sale of the former Y lot. Net proceeds from that sale were roughly $1.4 million and were deposited into the affordable housing trust fund. The $600,000 will support AAHC’s efforts to make major capital improvements to its public housing properties.

The AAHC is featured in two other resolutions related to its plan of capital improvements, which include projects at North Maple Estates, North Maple Duplexes, Lower Platt, Broadway, and White/State/Henry apartments. One resolution approves a payment in lieu of taxes (PILOT) for those AAHC properties. A second resolution approves a 50% waiver of the site plan, zoning and street vacation fees for the North Maple Estates and Lower Platt projects.

Also on the April 21 agenda based on previous action by the council, at its April 7, 2014 meeting, is the second and final reading of a local ordinance that would regulate smoking in certain outdoor places. Those places include locations near entrances of buildings and potentially in parts of city parks at the discretion of the city administrator. A public hearing will precede the council’s vote on the outdoor smoking regulations.

Measured by the number of items on the agenda, sidewalks are a significant highlight. Sidewalk gaps on Scio Church Road and Newport Road have two resolutions each – related to the special assessments that will be imposed on property owners adjoining the stretches where sidewalks will be constructed. One resolution directs the city assessor to prepare a special assessment roll of properties to be assessed. The other resolution sets a public hearing on the special assessment – for May 5, 2014 at the council’s regular meeting on that date.

The council will also be asked to approve $177,100 of city funds for the construction of the Scio Church sidewalk and for an additional sidewalk on Barton Drive. The Barton Drive sidewalk will also be special assessed – with the associated resolutions to be presented to the council at a future meeting.

Rounding out the council’s April 21 agenda are some land use items. The council will be asked to approve the site plan for an overhaul of a Shell station and a new drive-thru restaurant at the northeast corner of the East Eisenhower Parkway and South State Street. Another site plan the council will be asked to approve is for the expansion of an office building at 278-280 Collingwood on Ann Arbor’s west side. A third site plan on the April 21 agenda is for an expansion to the Concordia University gym, which also includes reconfiguring nearby parking lots and stormwater management features on the 187-acre site at 4090 Geddes Road, just west of US-23 and north of the Huron River.

Also on the April 21 agenda are appointments to the environmental commission for David Stead, Kirk Westphal, and Susan Hutton. Appointments to this commission are different from most appointments to boards and commissions, in that the mayor does not nominate them. The appointments are under control of the council as a body.

The April 21 agenda includes the authorization for some street closings for upcoming events: NTI Block Party (July 30, 2014), Rolling Sculpture Car Show (July 11, 2014), and Ann Arbor Summer Festival’s Top of the Park (June 9 through July 9, 2014).

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.

Ann Arbor Housing Commission

Three resolutions on the April 21 agenda relate to the Ann Arbor Housing Commission: a $600,000 transfer from the city’s affordable housing fund to AAHC; approval of a payment in lieu of taxes (PILOT) for AAHC properties; and approval of a 50% waiver of fees for capital improvement projects to be undertaken by AAHC.

AAHC: $600,000 Transfer

At its March 3, 2014 meeting, the council had directed the city administrator to prepare a budget resolution that would allocate $600,000 from the city’s affordable housing trust fund to support the AAHC’s plan to renovate its properties.

That allocation was to be contingent on the closing of the sale of the former Y lot to Dennis Dahlmann, as the net proceeds of that sale are to be deposited into the city’s affordable housing trust fund. The sale of the property closed on April 2.

So on the April 21 meeting agenda is the resolution the council had directed the city administrator to prepare.

AAHC: PILOT

The agenda also includes an item authorizing a payment in lieu of taxes for AAHC properties at North Maple Estates, North Maple Duplexes, Lower Platt, Broadway, and White/State/Henry Apartments. The period for which property taxes are being waived – under Section 15(a) of the State Housing Development Authority Act and Chapter 19, Section 1:651 of Ann Arbor City Code – is 50 years. In lieu of taxes, a $1 service charge must be paid.

AAHC: 50% Waiver

For the North Maple and Lower Platt AAHC renovation projects, the city would ordinarily assess fees for site plan approval, zoning approval and street vacation. Those charges break down as follows, for a total of $22,705:

• North Maple: $8,995 for site plan approval; $1,425 for zoning approval; and $2,565 for street vacation
• Lower Platt: $8,295 for site plan approval; $1,425 for zoning approval

But under Chapter 55, Section 5:108 of Ann Arbor city code, those fees may be reduced by resolution of the city council by up to 50% of the specified fees – if the reduction is based on a finding that the development would provide affordable housing for lower-income households.

The item on the council’s April 21 agenda would reduce the fees by 50%.

Smoking

To be considered for final approval at the council’s April 21 meeting is a law regulating smoking in some outdoor locations. It was given initial approval by the council on April 7. The law would regulate smoking outside of public buildings and also potentially in areas of some city parks.

Made punishable under the proposed ordinance through a $50 civil fine would be smoking within 20 feet of: (1) bus stops; (2) entrances, windows and ventilation systems of the Blake Transit Center; and (3) entrances, windows and ventilation systems any city-owned building. Community service could be ordered instead of the payment of a fine.

The ordinance would also authorize the city administrator to have signs posted designating certain parks or portions of parks as off limits for outdoor smoking, and to increase the distance from entrances to city buildings where outdoor smoking is prohibited.

Where no signs are posted noting the smoking prohibition, a citation could be issued only if someone doesn’t stop smoking immediately when asked to stop.

A public hearing on the new ordinance will be held at the April 21 meeting.

The initial approval at the council’s April 7, 2014 meeting came after it had been postponed on March 3, 2014, and before that on Feb. 3, 2014. The initial approval came over dissent from Sumi Kailasapathy (Ward 1), Jane Lumm (Ward 2) and Jack Eaton (Ward 4). They cited concern that enforcement of the smoking law could distract from other policing duties and could have a disparate impact on the homeless population.

Chuck Warpehoski (Ward 5), sponsor of the proposed new local law, appeared before the city’s park advisory commission on Feb. 25, 2014 to brief commissioners on the proposal and solicit feedback.

An existing Washtenaw County ordinance already prohibits smoking near entrances, windows and ventilation systems, according to the staff memo accompanying the resolution – but the county’s ordinance can be enforced only by the county health department. The memo further notes that the Michigan Clean Indoor Air Act does not regulate outdoor smoking.

Ellen Rabinowitz, interim health officer for Washtenaw County, attended the April 7 meeting and spoke to councilmembers about the county’s experience. She supported the city ordinance, as did Cliff Douglas, director of the University of Michigan’s Tobacco Research Network. Douglas addressed the council during public commentary and answered questions later in the meeting.

Council deliberations from the initial approval of this item are included in The Chronicle’s live updates filed during the April 7 meeting.

Sidewalks

Sidewalk gaps on Scio Church Road and Newport Road have two resolutions each – related to the special assessments that will be imposed on property owners adjoining the stretches where sidewalks are to be constructed. One resolution directs the city assessor to prepare a special assessment roll of properties to be assessed. The other resolution sets a public hearing on the special assessment – for May 5, 2014 at the council’s regular meeting on that date.

The total amount to be special assessed for the Newport Road project is $49,746. But residents of the Newport Creek Site Condominium – who would not ordinarily be assessed, as their property isn’t adjacent to the sidewalk – have volunteered to contribute $10,228 to the project to help offset their neighbors’ assessments. Details of that arrangement are being finalized.

For the Scio Church Road sidewalk project, the total cost is expected to be $365,100. Of that, about $164,000 will be paid from a Federal Surface Transportation grant. The remaining $201,100 will be paid out of the general fund and by the special assessment of just $1,626.

The council will also be asked to approve $177,100 of city funds for the construction of the Scio Church sidewalk and for an additional sidewalk on Barton Drive. The Barton Drive sidewalk will also be special assessed – with the associated resolutions to be presented to the council at a future meeting.

Approval of the design contract for the Barton Drive and Scio Church stretches of new sidewalk was approved by the city council at its March 3, 2014 meeting.

By way of additional background, at its July 15, 2013 meeting, the council approved $15,000 for preliminary design of a sidewalk along Barton Drive. And at its Nov. 19, 2012 meeting, the council approved $15,000 for preliminary study of a sidewalk to be constructed along Scio Church, west of Seventh Street. On Nov. 7, 2013, the council approved another $35,000 for Scio Church sidewalk design work. The design contract for the Barton Drive and Scio Church stretches of new sidewalk, drew on the previously authorized funding.

The preliminary planning budget of $15,000 for the Newport Road sidewalk gap was approved over a year ago by the council at its Jan. 23, 2013 meeting.

Location of proposed Barton Drive sidewalk.

Purple indicates stretches of Scio Church Road where no sidewalk exists.

Newport Road sidewalk stretch.

Land Use

Three site plans appear on the council’s April 21 agenda: Concordia University’s proposed gym expansion; an expansion of an office building on Collingwood; and the overhaul of a Shell station on South State.

Land Use: Concordia University Gym Expansion

A site plan to expand the existing Concordia University gym is on the agenda for city council approval.

Aerial view of Concordia campus.

The plan also includes reconfiguring nearby parking lots and stormwater management features on the 187-acre site at 4090 Geddes Road, just west of US-23 and north of the Huron River. The city planning commission recommended approval of the site plan at its March 4, 2014 meeting.

Planning commissioners granted a special exception use for the project. That’s required because the private university is located on a site zoned R1B (single-family residential district). The site plan requires city council approval, but the special exception use does not.

The proposal calls for a three-story, 34,391-square-foot addition to the current 22,021-square-foot gym that was built in the early 1960s, located on the west side of Concordia’s main campus. [.pdf of campus map] The addition will include men’s and women’s locker rooms, athletic office space, classrooms and an auxiliary gym.

A second phase of the project entails constructing a single-story, 5,280-square-foot athletic training room. An existing gravel parking area west of the gym will be paved and landscaped, and another lot north of the gym along Geddes will get new landscaping and bioswales. A total of 92 new parking spaces will be created, mostly in the former gravel lot.

A new stormwater management system will be completed to address a 100-year storm event, including a detention pond with an outlet into a bioswale south of the developed area. The site plan is for a planned project, which allows variations in height and placement. The proposed addition would be 39 feet high. The site’s zoning has a height limit of 30 feet. The existing gym is about 33 feet high, measured at the midpoint of the roof.

Land Use: Collingwood Office Building

The council will be asked to approve a site plan that expands an office building at 278-280 Collingwood. The proposal received a recommendation of approval from the Ann Arbor planning commission at its March 18, 2014 meeting.

Aerial view indicating location of 278-280 Collingwood Drive.

The site plan calls for removing the existing second floor on the east side of the office building and constructing a 2,451-square-foot second floor over the entire building for office use.

A new staircase will be added at the southwest corner of the building. The second floor will overhang the first floor along the front of the building and along part of the north side. An existing curbcut on the north side of the property will be removed. The current 22 parking spaces on the site will be reduced to 17.

Planning commissioners approved modifications to the city’s landscaping requirements for this site. Total construction cost for this project is estimated at $300,000. The office building is located in Ward 4. Collingwood Drive is a street off of West Stadium Boulevard, just south of West Stadium’s convergence with South Maple Road. [.pdf of staff memo]

Land Use: Shell Station Overhaul

The council will be asked to approve the overhaul of a Shell station and a new drive-thru restaurant at 2991 S. State. The site is located at the northeast corner of the East Eisenhower Parkway and South State Street.

Aerial view of the site for a Shell station and drive-thru restaurant at the northeast corner of South State and East Eisenhower.

The city planning commission recommended approval of the site plan at its March 18, 2014 meeting. The plan calls for demolishing the current one-story convenience store and car wash on this site, which total 2,435 square feet. In its place, the owner – Joseph Kafi of JAK Cubed LLC – would put up a single building with a 1,250-square-foot drive-thru restaurant and 3,000-square-foot convenience store.

The existing gas pump island canopy will remain in place, and two pumps will be relocated to spots under the canopy. According to a staff memo, a single lane drive-thru would be primarily accessed from the existing East Eisenhower Parkway curb cut. Vehicles would move in an east-to-north direction before exiting onto either South State or East Eisenhower.

The drive-thru lane provides stacking for up to nine vehicles and would be screened to the west by the proposed new building. A total of 22 parking spaces are proposed for the site, including eight that are located at the four gas pump islands. The project, located in Ward 4, is estimated to cost $800,000. The business is expected to remain open during construction. The existing convenience store will then be demolished after the new building is finished.

The specific restaurant to be located there is still being negotiated. [.pdf of staff report]

Environmental Commission Appointments

Also on the April 21 agenda are the appointments to the environmental commission for Kirk Westphal, David Stead, and Susan Hutton. All three would be re-appointments.

Westphal is being put forward as the planning commission’s representative to the environmental commission. He currently serves as chair of that commission. The planning commission voted at its Jan. 23, 2014 meeting to recommend Westphal’s reappointment. Westphal did not participate in the vote on that recommendation.

Westphal, a Democrat, is contesting the Ward 2 seat to which Sally Petersen is not seeking re-election – because she is running for mayor. Nancy Kaplan, who’s currently a member of the Ann Arbor District Library board, is running for that same Ward 2 seat.

In 2013, mayor John Hieftje declined to nominate Jeff Hayner to serve on the public art commission, citing a policy against nominating candidates for city council to serve on city boards and commissions. Hayner ran for Ward 1 council against Sabra Briere that year – a race in which Briere prevailed.

However, appointments to the environmental commission are different from most other appointments to boards and commissions – in that the mayor does not nominate them. The appointments are under control of the council as a body.

David Stead, right, reads a resolution he proposed at an environmental commission meeting in 2009. The resolution, which was approved, recommended removing Argo Dam. At left is Margie Teall, a city councilmember who also sat on the environmental commission at the time.

Past practice as been for the appointments to the environmental commission to mimic the typical two-step mayoral appointment process – with nomination at one meeting followed by confirmation at the next meeting. The council has customarily had the environmental commission appointments on its agenda for initial consideration and postponed a vote until the next meeting.

Stead was originally described in the agenda item as having served on the commission since 2007. That was subsequently corrected. City records in Legistar indicate he was among the first members to be appointed, on Sept. 18, 2000 after the council established the commission in a resolution approved on April 3, 2000. Based on Legistar records, he has served continuously since that initial appointment. Stead also served on the city council representing Ward 5 from April 1993 through November 1994.

Stead is vice president of Resource Recycling Systems. City council minutes show that the council has approved roughly $300,000 in contracts for consulting work by RRS for the city of Ann Arbor between 2007 and 2009.

Hutton was first appointed to the environmental commission in 2011 and is concluding her first three-year term.

4:42 p.m. Now available in Legistar are the staff responses to councilmember questions about agenda items: Agenda Responses 4-21-14. Also available are the slides for the city administrator’s FY 2015 budget presentation.

5:36 p.m. Here’s the spreadsheet referenced in the agenda response items: .pdf of budgets for Phase 1 Ann Arbor Housing Commission Projects

6:10 p.m. Based on councilmember questions posed to staff, deliberations on the outdoor smoking regulations and the sidewalk special assessments could be drawn out. Jack Eaton (Ward 4) posed a series of questions asking about the cost of educational efforts and the cost of posting a no-smoking sign ($70 without a post and $120 with a post). And a question was posed on the use of federal surface transportation funds for one of the sidewalk special assessment projects but not for a previous project. (Both projects were eligible, but funds were not available for the Pontiac Trail project.) A question on the number of terms David Stead has already served on the environmental commission (4 terms) hints at a likely debate over his appointment.

6:13 p.m. Community Television Network tech has installed and tested microphones. Testing includes wiggling them back and forth, which generates a prodigious amount of static.

6:45 p.m. Channel 2, Detroit’s Fox News affiliate, is here to film the possible action on the outdoor smoking regulations. Cameraman is chatting with Cliff Douglas, director of the University of Michigan’s Tobacco Research Network.

6:57 p.m. Chambers are starting to fill with audience and councilmembers.

6:57 p.m. Pre-meeting activity. The scheduled meeting start is 7 p.m. Most evenings the actual starting time is between 7:10 p.m. and 7:15 p.m.

7:06 p.m. We’re off.

7:07 p.m. Call to order, moment of silence, pledge of allegiance.

7:07 p.m. Roll call of council. All councilmembers, except for Sabra Briere (Ward 1) are present and correct.

7:08 p.m. Mayor John Hieftje indicates that Briere will be arriving a bit later.

7:08 p.m. Approval of agenda The volunteer of the month proclamation is moved ahead of the budget presentation.

7:08 p.m. Outcome: The council has approved the agenda.

7:09 p.m. INT-2 Volunteer of the Month. This proclamation honors Dorothy Hastings for her volunteer efforts to improve Cloverdale Park.

7:11 p.m. INT-1 City Administrator’s FY 2015 Budget Presentation. For background on the proposed budget see: “FY 2015 Budget Preview: Cops, Trees” [.pdf of April 21, 2014 pre-dated memo from Powers to city council]

7:13 p.m. Powers is reviewing the council’s priority areas. He’s reviewing the work sessions that were held earlier in the year. May 12 will be a work session on public safety and infrastructure.

7:14 p.m. Revenues are improving modestly, Powers says. Property taxes are up 2.4%.

7:15 p.m. State shared revenue from sales taxes is up 4%. Road funding from Act 51 is flat. City millages will remain unchanged from last year.

7:16 p.m. Pension contributions are up 10% and VEBA is up 2%.

7:17 p.m. Here again are the slides Powers is presenting: [.pdf of slides]

7:17 p.m. The budget reflects two major impacts, Powers says: impact of GASB 68 accounting standards; and $1 million for street tree maintenance.

7:18 p.m. Powers is reviewing the historical trend of the number of employees. Y axis on the chart starts at 500, so the trend is somewhat amplified.

7:19 p.m. Powers is reviewing the addition of three police officers and one firefighter. A rental housing inspector will also be added.

7:21 p.m. The $1 million for streets in the public right-of-way is based on the significant deferred maintenance that has accumulated. He’s now reviewing the difference between recurring and one-time revenues. Post-employment health insurance funding is tied to revenue growth, Powers says.

7:22 p.m. He’s about to wrap up, as it’s not meant to be an in-depth review. As much opportunity as councilmembers would like can be provided to go over the budget, he says.

7:22 p.m. Powers notes that this is the second year of a two-year planning cycle, even though the council adopts a budget every year.

7:24 p.m. Because it’s in the second year of a two-year plan, Powers doesn’t think this budget reflects a lot of substantial changes. Powers notes that amendments to the budget can be undertaken after the budget has been adopted to improve the ability of the staff to deliver on city goals.

7:24 p.m. Budget questions will receive answers on a weekly basis through next month when the council must adopt the budget. Powers is now done with his presentation.

7:24 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.] Tonight’s lineup for reserved time speaking includes Kermit Schlansker, Lou Glorie and Alan Haber.

7:28 p.m. Kermit Schlansker is talking about the importance of geometry in attaining sustainability. Big cities have less use of energy per capita than small towns, he says. Geometry is more important than solar or wind. But big cities can’t grow food, he says. Geometry is important in considering travel distances between the places where food is grown and where it’s consumed. People need to learn to use sewage for fertilizer. He describes burying people when they die and planting a fruit tree on top of them: “I’d rather become a useful apple”… than spend the energy on cremation, he says. If we don’t pay attention to the future there will be no future, he concludes.

7:32 p.m. Lou Glorie introduces herself as an Ann Arbor resident. She says that the Ann Arbor Area Transportation Authority millage request is being framed as a question about public transit and as a moral obligation. But there are legitimate reasons for opposing the millage, she says. She contends that the system is still difficult if not impossible to use, because of the downtown-centric system. The system only makes sense if one assumes that everyone wants to go downtown. Someone on North Maple might want to get to Briarwood, she says. It costs between $7,000 and $15,000 to maintain a car, but they have no other way to get around. The AAATA’s service model is more appropriate for those who live outside Ann Arbor than for residents. It’s not just okay to vote no, she says. It might be the only way to get the kind of transportation system for residents that we need.

7:35 p.m. Alan Haber is talking about his efforts to establish a public part on the top of the Library Lane underground parking structure. When he’d approached the Downtown Development Authority to ask how that land could be used for the public, the DDA had said that’s not their mission, because they focus on economic development, he says. He’s describing his unsuccessful effort to get the DDA to allow an Earth Day event on top of the Library Lane parking structure to take place this year. He calls for a public discussion of the maximum public use of the space. He’s got a list of people in this town who have a lot of money, he says.

7:35 p.m. Communications from council.

7:37 p.m. Christopher Taylor (Ward 3) says that the three additional police officers are welcome, but he’s not yet clear about what their responsibilities will be. He holds the door open for amendments to the budget. He also reports that he’s asked Steve Powers to see if the city has resources to do targeted enforcement of additional community standards in campus areas. He’s looking forward to a report that’s due in May on meeting environmental goals.

7:38 p.m. Sally Petersen (Ward 2) announced there will be a meeting on the AAATA millage proposal on April 29 at 7 p.m. at the Earhardt Village club house.

7:41 p.m. Jane Lumm (Ward 2) is giving announcements related to Humane Society of Huron Valley animal control services. She says that the Humane Society has given the city invoices that have not yet been paid. She says a meeting has been scheduled to move the ball forward.

Lumm is now talking about the deer population. She calls for developing a strategy for dealing with the problem. She’ll be bringing forward a resolution concerning that. On the budget, she says she’s tried unsuccessfully to add police officers, so she’s glad to see that. She calls on the DDA to come forward with funding for downtown beat cops.

7:41 p.m. Briere has arrived.

7:45 p.m. Chuck Warpehoski (Ward 5) reports out on a public meeting on the Jackson Road reconstruction project. He’s talking with MDOT to find out how the pilot project for the lane striping (three lanes with the center lane a turn lane). He’s responding to Lou Glorie’s comments during public commentary. About the AAATA millage, he says that the new service plan includes some cross-town routes that are not part of the hub-and-spoke plan. He notes that because Ann Arbor is not laid out on a grid, it poses a challenge. He stresses the importance of frequency in providing adequate service. He points to proposed Route G as a connection that would help cross-town connections.

7:47 p.m. Jack Eaton (Ward 4) reminds people of the Friends of Dicken Woods fundraiser on April 24. The Friends have taken care of the nature area for 10 years and fund education programs at the neighboring elementary school: dickenwoods.org

7:48 p.m. MC-1 Confirmations. Several confirmations are on tonight’s agenda – of nominations that were made at the council’s April 7, 2014 meeting:

• Airport Advisory Committee: Mary Karen McClellan (filling a vacancy, for a term ending May 30, 2016);
• Ann Arbor Housing Commission: Gwenyth Hayes (serving out rest of term for Gloria Black as a residents’ representative, through May 4, 2015) and Daniel Lee (re-appointment, for a term ending May 6, 2019);
• Design Review Board: Shannan Gibb-Randall (serving out rest of term for Mary Jucari, through May 30, 2015);
• Employees Retirement Systems Board of Trustees: Mark Heusel (re-appointment for a term through May 2, 2017);
• Public Market Advisory Commission: David Santacroce (re-appointment for a term through May 30, 2017).

7:49 p.m. Briere notes that Santacroce has celebrated the birth of his second child today. Stephen Kunselman (Ward 3) congratulates Santacroce, and gets clarification that Santacroce also serves on the park advisory commission.

7:50 p.m. Outcome: The appointments are all confirmed.

7:50 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: (1) Outdoor smoking ordinance [for additional background, see Smoking above]; (2) Concordia University gym expansion [for additional background, see Land Use: Concordia University Gym Expansion above]; (3) Collingwood office building expansion [for additional background, see Land Use: Collingwood Office Building above]; and (4) State Street Shell station site plan [for additional background, see Land Use: Shell Station Overhaul above].

7:50 p.m. PH-1 Outdoor Smoking Ordinance.

7:53 p.m. Leon Bryson, who’s running for Ward 5 council, is addressing the council. He’s speaking in support of the ordinance that is being proposed by Chuck Warpehoski (Ward 5) [against whom he's running]. There are two main components of this ordinance: places where smoking would be banned; and the enforcement. The 20-foot distance is reasonable, he says. The city administrator is given a great amount of authority to set areas for non-smoking in public parks. It’s not his expectation that the city administrator would ban smoking in all areas of all city parks. Based on the discussion at the last council meeting, Bryson does not think enforcement will be a problem. He does not expect that the ordinance will be enforced in a way that has a disparate impact on the homeless. He thanks Warpehoski for his work.

7:56 p.m. Jeff Hayner asks the council to modify the ordinance in light of another problem: chewing gum. It’s not a problem unique to Ann Arbor. In Great Britain, they spent $230 million on removal of chewing gum, he says. He suggests that we look to Singapore as a model, which restricted the trade and use of chewing gum. Smuggling fines can go up to $3,000 or a beating with a bamboo cane. So he asks for the ordinance to be modified to include a fine for littering of cigarette butts and a ban on chewing gum.

8:01 p.m. Seth Best rises to speak against the ordinance because he thinks it will have a disparate impact on the homeless, the poor and the LGBT community. He notes that it’s legal to purchase cigarettes. He says there are more important things to worry about that are more worthy of the council’s time. Going after smokers is a way to push those who are poor and the homeless further away. He thanks the council for modifying the original proposal to include community service instead of a fine.

8:02 p.m. Colin Yee is addressing the council as a graduate student in public health in support of the ordinance. As a student over the last six years, he’s noticed a decline in smokers as a result of a tobacco-free campus initiative. There’s less of a haze walking across the Diag, he says. The ordinance further reduces the social acceptability of smoking and will reduce the exposure of young people to second hand smoke. It’s time to walk the walk and show why we are the leaders and the best, he says.

8:05 p.m. Julie Grand, who’s running for Ward 3 council, speaks in support of the ordinance. She has passed out some best practices for health policy. This policy has to balance individual liberty with public good. The benefits outweigh the burden on individual liberty, she says. She’ll be able to point to a sign next to a swingset and ask someone to refrain from smoking. Do we want high school students to be standing at a bus stop near smokers, she asks? [Grand is a lecturer in public health at University of Michigan, Dearborn]. She points to the fact that enforcement of the ban in restaurants has not been problematic.

8:08 p.m. Cliff Douglas thanks the council for its 8-3 vote on first reading at its previous meeting. The support that the council is hearing tonight is typical of public sentiment, he says. These ordinances save lives, he says, as they keep smoke away from infants. These ordinances also reduce litter from cigarettes, he says. No-smoking rules will join other, familiar rules for public parks, like no alcohol, and no dogs offleash. He’s now reading a letter from the manager of the People’s Food Co-op who contend with smokers at Sculpture Plaza.

8:09 p.m. Channel 2 cameraman unhooks TV microphone from the podium.

8:09 p.m. PH-2 Concordia University gymnasium addition. No one speaks at this public hearing.

8:10 p.m. PH-3 278-280 Collingwood site plan. No one speaks at this public hearing.

8:10 p.m. PH-4 State Street Shell station/drive-thru. No one speaks at this public hearing.

8:10 p.m. Minutes of previous meeting. Outcome: The council has voted to approve the minutes of the previous meeting.

8:10 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 a payment in lieu of taxes (PILOT) for the AAHC for North Maple Estates, North Maple Duplexes, Lower Platt, Broadway, and White/State/Henry Apartments. [For additional background, see AAHC: PILOT above]
• CA-2 Approve AAHC site plan and zoning fee waiver request Maple and Platt. [For additional background, see AAHC: 50% Waiver above]
• CA-3 Award a Contract to DLZ Michigan, Inc. to design repairs to the wastewater treatment plant access bridge ($32,752).
• CA-4 Resolution No. 2: Newport sidewalk special assessment. [For additional background, see Sidewalks above]
• CA-5 Resolution No. 3: Establish a public hearing for the Newport sidewalk special assessment project
• CA-6 Approve an emergency increase to the Osburn Industries Purchase Order for Aggregate Materials ($36,750).
• CA-7 Approve street closing for the NTI Block Party: July 30, 2014.
• CA-8 Approve street closing for the 2014 Ann Arbor Summer Festival’s Top of the Park (June 9 through July 9, 2014).
• CA-9 Approve street closings for the 2014 Rolling Sculpture Car Show (Friday, July 11, 2014).

8:11 p.m. Councilmembers can opt to select out any items for separate consideration. Sabra Briere pulls out CA-1 and CA-2.

8:11 p.m. CA-1 Approve a payment in lieu of taxes (PILOT) for the AAHC for North Maple Estates, North Maple Duplexes, Lower Platt, Broadway, and White/State/Henry Apartments.

8:13 p.m. Briere says she wanted to pull this out because it’s an example of every creative effort that the city can find to help the AAHC. She commends staff for being creative in solving the problem.

8:13 p.m. Outcome: The council approved CA-1.

8:13 p.m. CA-2 Approve AAHC site plan and zoning fee waiver request Maple and Platt. Briere says this is another example of creativity to help the AAHC.

8:13 p.m.  Outcome: The council approved CA-2.

8:14 p.m. Outcome: The council now completed its approval of all items on the consent agenda.

8:14 p.m. B-1 Outdoor Smoking Ordinance. This is the final approval of a new law regulating smoking in some outdoor locations. It was given initial approval by the council on April 7. The law would regulate smoking outside of public buildings and also potentially in areas of some city parks. Made punishable under the proposed ordinance through a $50 civil fine would be smoking within 20 feet of: (1) bus stops; (2) entrances, windows and ventilation systems of the Blake Transit Center; and (3) entrances, windows and ventilation systems any city-owned building. Community service could be ordered instead of the payment of a fine. The ordinance would also authorize the city administrator to have signs posted designating certain parks or portions of parks as off limits for outdoor smoking, and to increase the distance from entrances to city buildings where outdoor smoking is prohibited. Where no signs are posted noting the smoking prohibition, a citation could be issued only if someone doesn’t stop smoking immediately when asked to stop. [For additional background, see Smoking above]

8:15 p.m. Chuck Warpehoski (Ward 5) is reviewing some amendments that have been made. The buffer around bus stops has been reduced to 10 feet, after consultation with AAATA. And the language describing the non-smoking zone around Blake Transit Center has been tweaked.

8:18 p.m. Warpehoski is addressing the argument based on disparate impact, saying that it’s a public health impact that can have a positive effect on lower-income populations. He reminds people that the fine is only levied if they fail to stop smoking when asked to do so by a police officer.

8:19 p.m. Stephen Kunselman (Ward 3) is proposing that the fine be reduced from $50 to $25. It’s greater than the marijuana possession fine of $25. He felt that smoking a cigarette should be on par with that. The amendment is accepted as friendly by Warpehoski.

8:21 p.m. Kunselman says he’s going to support the ordinance, thanking Warpehoski for bringing forward some very convincing speakers at the last council meeting. On a personal note, his stepdad passed away over the weekend – and he was a life-long smoker, so Kunselman felt there was nothing he could do except vote for the ordinance.

8:24 p.m. Jane Lumm (Ward 2) is reviewing the issue of police resources. She says that if the ordinance is self-enforcing, then she wonders why there needs to be police enforcement. Any time a police officer spends on this is time that could be spent on more important issues, she says. Lumm says she lives next to a large park and says she sometimes quips that it’s the city’s largest off-leash dog park – because the city doesn’t have the means to enforce that or many other issues. She doesn’t think the decision on areas for non-smoking in parks should be left to the city administrator. Lumm notes that she’s a staunch non-smoker – and you can ask her husband what happens when he lights up a cigar.

8:28 p.m. Jack Eaton (Ward 4) thanks Kunselman for the amendment. Not making it punitive is a step in the right direction. He’s against diverting police resources to a public health issue. These are issues that are best addressed through education, he says. This is fraught with potential for conflict – because a smoker who is asked to stop smoking by a civilian would know that a police officer could not possibly arrive soon enough to enforce the ordinance. Banning smoking, for example, in Sculpture Plaza, will simply move smokers to other locations. He ventures that the cost of placing signs will be greater than the cost that was given by the city administrator [$70 without a pole, $120 with a pole].

8:29 p.m. Christopher Taylor (Ward 3) says he’ll support the ordinance, because it’s reasonable, prudent and measured. It’s public health problem and an environmental problem, he says, that is being solved. This provides non-smokers with the tools to educate smokers, he says.

8:29 p.m. Taylor says this will help create a set of social norms that says that smoking is not acceptable in these locations.

8:31 p.m. Sabra Briere (Ward 1) said after Sunday night caucus the smoker’s corner was set up right next to the ventilation system on the Ann Street side of city hall. She also noticed the litter of cigarette butts. She appreciated the concern of councilmembers who were concerned that police would be required to run hither and yon to monitor smokers. Briere allows that Jane Lumm (Ward 2) is right that there are not enough resources to monitor other issues – like offleash dogs.

8:34 p.m. Briere is talking about problems with enforcing the leash laws. She says the penalty for this ordinance is small. Mothers don’t take their children to a park near her house until they spend time picking up cigarette butts, because they don’t want their children to eat cigarette butts. We should think about those people who want to use the city’s parks and feel like they’re being crowded out of the parks by smokers.

8:36 p.m. Margie Teall (Ward 4) says she’s supported this from the beginning. She thanks Warpehoski for putting a lot of time and thought into it. As Julie Grand suggested, Teall thinks it might help shift social norms.

8:39 p.m. Mayor John Hieftje says he will support this. He doesn’t have a concern about the policing of this –because 900 other communities aren’t finding their police forces are tied up dealing with smokers.

8:39 p.m. Mike Anglin (Ward 5) says that everything that can be said has already been said. He thanks Warpehoski for revising the punitive parts of the original proposal. When someone sits near him and is smoking, he has to move, Anglin says.

8:39 p.m. Outcome: The council has voted to give the outdoor smoking ordinance final approval, over dissent from Eaton and Lumm.

8:39 p.m. DC-1 Environmental Commission appointments. Nominations to the environmental commission are the council’s privilege to make, not the mayor’s. On tonight’s agenda are three re-appointments: Kirk Westphal as the planning commission’s recommended appointment as that group’s representative on the environmental commission; David Stead, who’s served on the environmental commission since it was established in 2000; and Susan Hutton who’s completed her first three-year term. [For additional background, see Environmental Commission Appointments above]

8:40 p.m. Briere moves to postpone, as it’s customary to do so for EC appointments.

8:40 p.m. Outcome: The council has voted to postpone consideration of the EC appointments.

8:40 p.m. DB-1 Site Plan: Concordia University Gymnasium Addition This item approves a site plan for the expansion of the gym at Concordia University. The plan also includes reconfiguring nearby parking lots and stormwater management features on the 187-acre site at 4090 Geddes Road, just west of US-23 and north of the Huron River. The city planning commission recommended approval of the site plan at its March 4, 2014 meeting. [For additional background, see Land Use: Concordia University Gym Expansion above]

8:40 p.m. Lumm is reading aloud a description of the project.

8:41 p.m. Lumm thanks the CEO of Concordia for answering all her questions.

8:43 p.m. Petersen also thanks the CEO of Concordia.

8:43 p.m. Lumm is concurring with Petersen’s thanks. Lumm said that she’d heard from people who were interested in what was going on across the street from Concordia. Longer term, they’re thinking about building a football stadium. No site plan has been submitted to the city on that, she says.

8:43 p.m. Outcome: The council has voted to approve the Concordia University gym expansion site plan.

8:43 p.m. DB-2 Site Plan: 278-280 Collingwood. This item approves a site plan that expands an office building at 278-280 Collingwood. The site plan calls for removing the existing second floor on the east side of the office building and constructing a 2,451-square-foot second floor over the entire building for office use. [For additional background, see Land Use: Collingwood Office Building above]

8:43 p.m. Outcome: The council has voted without discussion to approve the Collingwood site plan.

8:43 p.m. DB-3 Site Plan: State Street Shell station/drive-thru restaurant. The council is being asked to approve the overhaul of a Shell station and a new drive-thru restaurant at 2991 S. State. The site is located at the northeast corner of the East Eisenhower Parkway and South State Street. [For additional background, see Land Use: Shell Station Overhaul above]

8:43 p.m. Outcome: The council has voted to approve the Shell station site plan.

8:43 p.m. DS-1 Approve transfer of $600,000 from the affordable housing trust fund to the Ann Arbor Housing Commission. At its March 3, 2014 meeting, the council had directed the city administrator to prepare a budget resolution that would allocate $600,000 from the city’s affordable housing trust fund to support the AAHC’s plan to renovate its properties. That allocation was to be contingent on the closing of the sale of the former Y lot to Dennis Dahlmann, as the net proceeds of that sale are to be deposited into the city’s affordable housing trust fund. The sale of the property closed on April 2. So on tonight’s meeting agenda is the resolution the council had directed the city administrator to prepare.

8:44 p.m. Outcome: The council has voted to approve the $600,000 transfer.

8:44 p.m. DS-2 Accept easement for sanitary sewer. This would accept an easement for a sanitary sewer from Subaru Research and Development Inc. at 3995 Research Park Dr.

8:45 p.m. Outcome: The council has voted without discussion to approve the easement.

8:45 p.m. DS-3 Approve agreement with Black and Veatch for the water treatment plant alternatives analysis project ($220,339). According to the staff memo accompanying this item, the goal of the water treatment plant alternatives analysis project is “to evaluate the need and feasibility for addressing several challenges facing the water treatment plant, including the replacement of the Plant 1 treatment basins.” The Michigan Department of Environmental Quality (MDEQ) evaluates all public water system every three years. And the Michigan Safe Drinking Water Act (Act 399) requires all public water systems to complete a master plan every so often. Included in the 2013 MDEQ evaluation and the city’s own 2006 master plan are recommendations that the treatment basins be modified or replaced. The memo describes the facilities as follows: “The basins were built in 1938, are inefficient, do not meet current recommended design standards, and have exceeded their useful life. These basins provide reliability on average days and capacity during peak demand periods.”

8:48 p.m. Anglin has asked public area administrator Craig Hupy to come to the podium to answer questions. Anglin says that it appears the scope of work will allow the staff to make some decisions. He asks if Hupy would be considering delivering water on the west side of the city for less money. No, says Hupy. This project would evaluate the options – from replacing in-kind at that location, to purchasing wholesale from elsewhere. Anglin wants to know the timeline. Hupy says the design process would come in FY 2017 with construction in FY 2018 or FY 2019. Anglin ventures that this project will have huge implications for the city.

8:48 p.m. Outcome: The council has voted to approve the agreement with Black and Veatch for the water treatment plant alternatives analysis project.

8:48 p.m. DS-4 Award contract to Evergreen Civil LLC ($616,806) for the Yellowstone water main replacement project. This project will replace the existing water main with about 1,700 feet of new 8-inch water main. The existing water main on Yellowstone Drive, bounded by Bluett Drive on both ends, had experienced frequent breaks and is in poor condition, according to the staff memo accompanying this resolution.

8:50 p.m. Lumm says that residents could not be happier. This main has had multiple breaks, she says. She’s happy the construction will start in May and be done in July. The public meeting at Clague Middle School was helpful, Lumm says. She calls it great customer service by the staff.

8:50 p.m. Outcome: The council has voted to award the contract to Evergreen Civil LLC ($616,806) for the Yellowstone water main replacement project.

8:50 p.m. DS-5 Scio Church sidewalk: Approve the Scio Church and Barton sidewalks project appropriation of funds from the general fund ($177,100). The council is being asked to approve $177,100 of city funds for the construction of a Scio Church sidewalk and for an additional sidewalk on Barton Drive. Like the Scio Church sidewalk project, the Barton Drive sidewalk will be special assessed – with the associated resolutions to be presented to the council at a future meeting. [For additional background, see Sidewalks above.]

8:54 p.m. Teall is thanking Peter Houk for his advocacy on the Scio Church sidewalk, which began several years ago. Eaton echoes Teall’s sentiments, saying that it will be an important addition. The link to the Pittsfield branch of the Ann Arbor District Library will be important, he says.

8:55 p.m. Kailasapathy says she and Briere had attended a lot of neighborhood meetings on this issue. Roads, traffic calming, and sidewalk gaps seem to be topics that are of great concern for residents, she says. So this is a very good move to help make the city’s parks more accessible to children.

8:57 p.m. Kunselman appreciates the financing that’s been used, and goes as far as to propose that the special assessments be eliminated. He wants to take that money out of the general fund and make it a city-funded project. Hieftje proposes a short recess to work out that language.

8:57 p.m. We are in recess.

9:08 p.m. We’re back.

9:09 p.m. Kunselman says that in the future he wants to make sure that 80% of the funding is provided through non-special assessed funds. But he’ll support this resolution at this time.

9:09 p.m. Outcome: The council has voted to approve the appropriation of funds from the general fund for the Scio Church and Barton Road sidewalk projects.

9:10 p.m. DS-6 Scio Church sidewalk: Resolution No. 2 Special Assessment ($1,626). This is the second in a series of resolutions necessary for a special assessment, directing the setting of the assessment roll. For the Scio Church Road sidewalk project, the total cost is expected to be $365,100. Of that, about $164,000 will be paid from a Federal Surface Transportation grant. The remaining $201,100 will be paid out of the general fund and by a special assessment of just $1,626.

9:11 p.m. Kunselman asks that this be postponed. The amount to be special assessed isn’t worth the amount that will be special assessed, he says. Eaton seconds.

9:11 p.m. Hupy indicates that the second meeting in May would be a good meeting to which to postpone, because the Barton Drive special assessment could then be brought forward at the same time.

9:14 p.m. Hieftje says that he doesn’t want to set a precedent – given the number of people who have needed to pay a special assessment. Hieftje says he’ll support the postponement, but says that the issue needs a larger discussion. Kailasapathy notes that general funds are limited, and she’s afraid that a commitment to using general funds might stall the process of filling sidewalk gaps.

Briere says there’s an issue of legal equity. The council just earlier in the evening approved the special assessment for Newport’s sidewalk. She notes that property owners who weren’t legally required to contribute had stepped forward and volunteered. Those residents will feel that the city has really “offended” them if the city pays for other projects out of the general fund.

9:17 p.m. Lumm agrees with Briere and Kailasapathy. “If we do this here, we gotta do it citywide,” she says. The history of the way these improvements have been done needs to be recognized, Lumm says. Hieftje calls Hupy to the podium. He wants to know if the project would be delayed if this is postponed until the second meeting in May.

9:18 p.m. Kailasapathy ventures that there could be a de minimis rule that if the total amount is less than $1,000 then the city would pay.

9:20 p.m. Kunselman asks why the city is so gung ho about eliminating sidewalk gaps that have been there for decades. He calls it “ridiculous” that the city is setting up a special assessment for a little more than $1,000. In his neighborhood, there’d been a project that was originally planned to include sidewalks and the plan was to special assess 100% of the cost. The result was that no sidewalks accompanied the project, because neighbors objected.

9:20 p.m. Hieftje notes that everyone seems inclined to postpone.

9:21 p.m. Outcome: The council has voted to postpone the setting of the assessment roll for the Scio Church sidewalk project until the second meeting in May.

9:21 p.m. DS-7 Scio Church sidewalk: Resolution No. 3 Set public hearing.  This is the third in a series of resolutions required for a special assessment. The public hearing is being set for May 5, 2014, the council’s first meeting in May.

9:21 p.m. Kunselman also wants to postpone this one.

9:21 p.m. Outcome: The council has voted postpone the setting of the public hearing on the Scio Church sidewalk project special assessment.

9:22 p.m. Communications from council. Lumm is asking that an LDFA issue come to the council at its next meeting, not May 19.

9:22 p.m. Clerk’s report of communications, petitions and referrals. Outcome: The council has approved the clerk’s report.

9:22 p.m. Public comment. There’s no requirement to sign up in advance for this slot for public commentary.

9:22 p.m. No one rises to speak.

9:22 p.m. Adjournment. We are now adjourned. That’s all from the hard benches.

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

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Screenshot of Legistar – the city of Ann Arbor’s online agenda management system. Image links to the April 21, 2014 meeting agenda.

At its April 21 meeting, however, the council won’t be voting on next year’s budget. Under the city charter, the council will need to adopt the budget by the time of its second regular meeting in May, which falls on May 19 this year. The Chronicle has covered the FY 2015 budget preview in a separate article.

Related to this year’s budget is an agenda item for April 21 that will transfer $600,000 from the affordable housing trust fund to the Ann Arbor Housing Commission. The city administrator had been directed by the council to prepare the budget amendment at its March 3, 2014 meeting. The action was contingent on the final closing of the sale of the former Y lot – net proceeds of which were roughly $1.4 million and were deposited into the affordable housing trust fund. The $600,000 will support AAHC’s efforts to make major capital improvements to its public housing properties.

The AAHC is featured in two other resolutions related to its plan of capital improvements, which include projects at North Maple Estates, North Maple Duplexes, Lower Platt, Broadway, and White/State/Henry apartments. One resolution approves a payment in lieu of taxes (PILOT) for those AAHC properties. A second resolution approves a 50% waiver of the site plan, zoning and street vacation fees for the North Maple Estates and Lower Platt projects.

Also on the April 21 agenda based on previous action by the council, at its April 7, 2014 meeting, is the second and final reading of a local ordinance that would regulate smoking in certain outdoor places. Those places include locations near entrances of buildings and potentially in parts of city parks at the discretion of the city administrator. A public hearing will precede the council’s vote on the outdoor smoking regulations.

Measured by the number of items on the agenda, sidewalks are a significant highlight. Sidewalk gaps on Scio Church Road and Newport Road have two resolutions each – related to the special assessments that will be imposed on property owners adjoining the stretches where sidewalks will be constructed. One resolution directs the city assessor to prepare a special assessment roll of properties to be assessed. The other resolution sets a public hearing on the special assessment – for May 5, 2014 at the council’s regular meeting on that date.

The council will also be asked to approve $177,100 of city funds for the construction of the Scio Church sidewalk and for an additional sidewalk on Barton Drive. The Barton Drive sidewalk will also be special assessed – with the associated resolutions to be presented to the council at a future meeting.

Related to sidewalks as part of the city’s non-motorized infrastructure will be a possible attachment to the council’s agenda from the city administrator that outlines his plan to “to fund, effect, and otherwise implement actionable near-term recommendations of the 2013 Update to the Non-Motorized Transportation Plan.” The council gave direction to the city administrator at its Dec. 16, 2013 meeting to provide the report – as one of a series of updates.

Rounding out the council’s April 21 agenda are some land use items. The council will be asked to approve the site plan for an overhaul of a Shell station and a new drive-thru restaurant at the northeast corner of the East Eisenhower Parkway and South State Street. Another site plan the council will be asked to approve is for the expansion of an office building at 278-280 Collingwood on Ann Arbor’s west side. A third site plan on the April 21 agenda is for an expansion to the Concordia University gym, which also includes reconfiguring nearby parking lots and stormwater management features on the 187-acre site at 4090 Geddes Road, just west of US-23 and north of the Huron River.

Also on the April 21 agenda are appointments to the environmental commission for David Stead, Kirk Westphal, and Susan Hutton. Appointments to this commission are different from most appointments to boards and commissions, in that the mayor does not nominate them. The appointments are under control of the council as a body.

The April 21 agenda also includes the authorization for some street closings for upcoming events: NTI Block Party (July 30, 2014), Rolling Sculpture Car Show (July 11, 2014), and Ann Arbor Summer Festival’s Top of the Park (June 9 through July 9, 2014).

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.

Ann Arbor Housing Commission

Three resolutions on the April 21 agenda relate to the Ann Arbor Housing Commission: a $600,000 transfer from the city’s affordable housing fund to AAHC; approval of a payment in lieu of taxes (PILOT) for AAHC properties; and approval of a 50% waiver of fees for capital improvement projects to be undertaken by AAHC.

AAHC: $600,000 Transfer

At its March 3, 2014 meeting, the council had directed the city administrator to prepare a budget resolution that would allocate $600,000 from the city’s affordable housing trust fund to support the AAHC’s plan to renovate its properties.

That allocation would be contingent on the closing of the sale of the former Y lot to Dennis Dahlmann, as the net proceeds of that sale are to be deposited into the city’s affordable housing trust fund. The sale of the property closed on April 2.

So on the April 21 meeting agenda is the resolution the council had directed the city administrator to prepare.

AAHC: PILOT

The agenda also includes an item authorizing a payment in lieu of taxes for AAHC properties at North Maple Estates, North Maple Duplexes, Lower Platt, Broadway, and White/State/Henry Apartments. The period for which property taxes are being waived – under Section 15(a) of the State Housing Development Authority Act and Chapter 19, Section 1:651 of Ann Arbor City Code – is 50 years. In lieu of taxes, a $1 service charge must be paid.

AAHC: 50% Waiver

For the North Maple and Lower Platt AAHC renovation projects, the city would ordinarily assess fees for site plan approval, zoning approval and street vacation. Those charges break down as follows, for a total of $22,705:

• North Maple: $8,995 for site plan approval; $1,425 for zoning approval; and $2,565 for street vacation
• Lower Platt: $8,295 for site plan approval; $1,425 for zoning approval

But under Chapter 55, Section 5:108 of Ann Arbor city code, those fees may be reduced by resolution of the city council by up to 50% of the specified fees – if the reduction is based on a finding that the development would provide affordable housing for lower-income households.

The item on the council’s April 21 agenda would reduce the fees by 50%.

Smoking

To be considered for final approval at the council’s April 21 meeting is a law regulating smoking in some outdoor locations. It was given initial approval by the council on April 7. The law would regulate smoking outside of public buildings and also potentially in areas of some city parks.

Made punishable under the proposed ordinance through a $50 civil fine would be smoking within 20 feet of: (1) bus stops; (2) entrances, windows and ventilation systems of the Blake Transit Center; and (3) entrances, windows and ventilation systems any city-owned building. Community service could be ordered instead of the payment of a fine.

The ordinance would also authorize the city administrator to have signs posted designating certain parks or portions of parks as off limits for outdoor smoking, and to increase the distance from entrances to city buildings where outdoor smoking is prohibited.

Where no signs are posted noting the smoking prohibition, a citation could be issued only if someone doesn’t stop smoking immediately when asked to stop.

A public hearing on the new ordinance will be held at the April 21 meeting.

The initial approval at the council’s April 7, 2014 meeting came after it had been postponed on March 3, 2014, and before that on Feb. 3, 2014. The initial approval came over dissent from Sumi Kailasapathy (Ward 1), Jane Lumm (Ward 2) and Jack Eaton (Ward 4). They cited concern that enforcement of the smoking law could distract from other policing duties and could have a disparate impact on the homeless population.

Chuck Warpehoski (Ward 5), sponsor of the proposed new local law, appeared before the city’s park advisory commission on Feb. 25, 2014 to brief commissioners on the proposal and solicit feedback.

An existing Washtenaw County ordinance already prohibits smoking near entrances, windows and ventilation systems, according to the staff memo accompanying the resolution – but the county’s ordinance can be enforced only by the county health department. The memo further notes that the Michigan Clean Indoor Air Act does not regulate outdoor smoking.

Ellen Rabinowitz, interim health officer for Washtenaw County, attended the April 7 meeting and spoke to councilmembers about the county’s experience. She supported the city ordinance, as did Cliff Douglas, director of the University of Michigan’s Tobacco Research Network. Douglas addressed the council during public commentary and answered questions later in the meeting.

Council deliberations on this item are included in The Chronicle’s live updates filed during the April 7 meeting.

Sidewalks

Sidewalk gaps on Scio Church Road and Newport Road have two resolutions each – related to the special assessments that will be imposed on property owners adjoining the stretches where sidewalks are to be constructed. One resolution directs the city assessor to prepare a special assessment roll of properties to be assessed. The other resolution sets a public hearing on the special assessment – for May 5, 2014 at the council’s regular meeting on that date.

The total amount to be special assessed for the Newport Road project is $49,746. But residents of the Newport Creek Site Condominium – who would not ordinarily be assessed, as their property isn’t adjacent to the sidewalk – have volunteered to contribute $10,228 to the project to help offset their neighbors’ assessments. Details of that arrangement are being finalized.

For the Scio Church Road sidewalk project, the total cost is expected to be $365,100. Of that, about $164,000 will be paid from a Federal Surface Transportation grant. The remaining $201,100 will be paid out of the general fund and by the special assessment of just $1,626.

The council will also be asked to approve $177,100 of city funds for the construction of the Scio Church sidewalk and for an additional sidewalk on Barton Drive. The Barton Drive sidewalk will also be special assessed – with the associated resolutions to be presented to the council at a future meeting.

Approval of the design contract for the Barton Drive and Scio Church stretches of new sidewalk was approved by the city council at its March 3, 2014 meeting.

By way of additional background, at its July 15, 2013 meeting, the council approved $15,000 for preliminary design of a sidewalk along Barton Drive. And at its Nov. 19, 2012 meeting, the council approved $15,000 for preliminary study of a sidewalk to be constructed along Scio Church, west of Seventh Street. On Nov. 7, 2013, the council approved another $35,000 for Scio Church sidewalk design work. The design contract for the Barton Drive and Scio Church stretches of new sidewalk, drew on the previously authorized funding.

The preliminary planning budget of $15,000 for the Newport Road sidewalk gap was approved over a year ago by the council at its Jan. 23, 2013 meeting.

Location of proposed Barton Drive sidewalk.

Purple indicates stretches of Scio Church Road where no sidewalk exists.

Newport Road sidewalk stretch.

Non-Motorized Plan Implementation

As part of a resolution approved by the council at its Dec. 16, 2014 meeting, the city administrator is supposed to “report to city council by April 21, 2014, his plan to fund, effect, and otherwise implement actionable Near-term Recommendations of the 2013 Update to the Non-Motorized Transportation Plan.” That item could eventually be attached to the council’s April 21 meeting agenda.

Land Use

Three site plans appear on the council’s April 21 agenda: Concordia University’s proposed gym expansion; an expansion of an office building on Collingwood; and the overhaul of a Shell station on South State.

Land Use: Concordia University Gym Expansion

A site plan to expand the existing Concordia University gym is on the agenda for city council approval.

Aerial view of Concordia campus.

The plan also includes reconfiguring nearby parking lots and stormwater management features on the 187-acre site at 4090 Geddes Road, just west of US-23 and north of the Huron River. The city planning commission recommended approval of the site plan at its March 4, 2014 meeting.

Planning commissioners granted a special exception use for the project. That’s required because the private university is located on a site zoned R1B (single-family residential district). The site plan requires city council approval, but the special exception use does not.

The proposal calls for a three-story, 34,391-square-foot addition to the current 22,021-square-foot gym that was built in the early 1960s, located on the west side of Concordia’s main campus. [.pdf of campus map] The addition will include men’s and women’s locker rooms, athletic office space, classrooms and an auxiliary gym.

A second phase of the project entails constructing a single-story, 5,280-square-foot athletic training room. An existing gravel parking area west of the gym will be paved and landscaped, and another lot north of the gym along Geddes will get new landscaping and bioswales. A total of 92 new parking spaces will be created, mostly in the former gravel lot.

A new stormwater management system will be completed to address a 100-year storm event, including a detention pond with an outlet into a bioswale south of the developed area. The site plan is for a planned project, which allows variations in height and placement. The proposed addition would be 39 feet high. The site’s zoning has a height limit of 30 feet. The existing gym is about 33 feet high, measured at the midpoint of the roof.

Land Use: Collingwood Office Building

The council will be asked to approve a site plan that expands an office building at 278-280 Collingwood. The proposal received a recommendation of approval from the Ann Arbor planning commission at its March 18, 2014 meeting.

Aerial view indicating location of 278-280 Collingwood Drive.

The site plan calls for removing the existing second floor on the east side of the office building and constructing a 2,451-square-foot second floor over the entire building for office use.

A new staircase will be added at the southwest corner of the building. The second floor will overhang the first floor along the front of the building and along part of the north side. An existing curbcut on the north side of the property will be removed. The current 22 parking spaces on the site will be reduced to 17.

Planning commissioners approved modifications to the city’s landscaping requirements for this site. Total construction cost for this project is estimated at $300,000. The office building is located in Ward 4. Collingwood Drive is a street off of West Stadium Boulevard, just south of West Stadium’s convergence with South Maple Road. [.pdf of staff memo]

Land Use: Shell Station Overhaul

The council will be asked to approve the overhaul of a Shell station and a new drive-thru restaurant at 2991 S. State. The site is located at the northeast corner of the East Eisenhower Parkway and South State Street.

Aerial view of the site for a Shell station and drive-thru restaurant at the northeast corner of South State and East Eisenhower.

The city planning commission recommended approval of the site plan at its March 18, 2014 meeting. The plan calls for demolishing the current one-story convenience store and car wash on this site, which total 2,435 square feet. In its place, the owner – Joseph Kafi of JAK Cubed LLC – would put up a single building with a 1,250-square-foot drive-thru restaurant and 3,000-square-foot convenience store.

The existing gas pump island canopy will remain in place, and two pumps will be relocated to spots under the canopy. According to a staff memo, a single lane drive-thru would be primarily accessed from the existing East Eisenhower Parkway curb cut. Vehicles would move in an east-to-north direction before exiting onto either South State or East Eisenhower.

The drive-thru lane provides stacking for up to nine vehicles and would be screened to the west by the proposed new building. A total of 22 parking spaces are proposed for the site, including eight that are located at the four gas pump islands. The project, located in Ward 4, is estimated to cost $800,000. The business is expected to remain open during construction. The existing convenience store will then be demolished after the new building is finished.

The specific restaurant to be located there is still being negotiated. [.pdf of staff report]

Environmental Commission Appointments

Also on the April 21 agenda are the appointments to the environmental commission for Kirk Westphal, David Stead, and Susan Hutton. All three would be re-appointments.

Westphal is being put forward as the planning commission’s representative to the environmental commission. He currently serves as chair of that commission. The planning commission voted at its Jan. 23, 2014 meeting to recommend Westphal’s reappointment. Westphal did not participate in the vote on that recommendation.

Westphal, a Democrat, has taken out petitions to contest the Ward 2 seat to which Sally Petersen is not seeking re-election – because she is running for mayor. He has until April 22 to file those petitions with the required 100 signatures. Nancy Kaplan, who’s currently a member of the Ann Arbor District Library board, has already filed petitions to run for that same Ward 2 seat.

In 2013, mayor John Hieftje declined to nominate Jeff Hayner to serve on the public art commission, citing a policy against nominating candidates for city council to serve on city boards and commissions. Hayner ran for Ward 1 council against Sabra Briere that year – a race in which Briere prevailed.

However, appointments to the environmental commission are different from most other appointments to boards and commissions – in that the mayor does not nominate them. The appointments are under control of the council as a body.

David Stead, right, reads a resolution he proposed at an environmental commission meeting in 2009. The resolution, which was approved, recommended removing Argo Dam. At left is Margie Teall, a city councilmember who also sat on the environmental commission at the time.

Past practice as been for the appointments to the environmental commission to mimic the typical two-step mayoral appointment process – with nomination at one meeting followed by confirmation at the next meeting. The council has customarily had the environmental commission appointments on its agenda for initial consideration and postponed a vote until the next meeting.

Stead was originally described in the agenda item as having served on the commission since 2007. That was subsequently corrected. City records in Legistar indicate he was among the first members to be appointed, on Sept. 18, 2000 after the council established the commission in a resolution approved on April 3, 2000. Based on Legistar records, he has served continuously since that initial appointment. Stead also served on the city council representing Ward 5 from April 1993 through November 1994.

Stead is vice president of Resource Recycling Systems. City council minutes show that the council has approved roughly $300,000 in contracts for consulting work by RRS for the city of Ann Arbor between 2007 and 2009.

Hutton was first appointed to the environmental commission in 2011 and is concluding her first three-year term.

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

The council’s April 7 agenda features two significant items of old business: a first reading of an ordinance that would regulate outdoor smoking in certain locations; and an allocation of funds for the work of a pedestrian safety and access task force.

[Updated 5 p.m. April 4, 2014. The pedestrian safety task force funding resolution is now expected to be withdrawn. At the first meeting of the task force, held on Friday, April 4, Ward 1 councilmember Sabra Briere, speaking from the audience, told the group that it was her intent to withdraw the funding resolution when the council meets on April 7. Withdrawing the resolution at the April 7 meeting would not mean that the task force will not be able to do its work. Details are included after the jump.]

Pedestrian issues form one of the themes of the meeting agenda – as the council will be approving annual contracts for the sidewalk repair program, as well as applying for a grant to renovate the pathway in Gallup Park – from the Geddes Dam at the east end of the Gallup Park pathway, to the parking lot east of Huron Parkway. Along with the sidewalk maintenance program contracts, the city council will also be asked to approve the annual street resurfacing program contracts.

Another main theme of the meeting is land use. Carried over as a topic from the council’s March 17 meeting is the surface of the city-owned Library Lane underground parking structure in downtown Ann Arbor. After voting on March 17 to hire a real estate broker, the council will consider a resolution on April 7 that would allocate to the city’s affordable housing trust fund half of the proceeds of any sale of the site’s development rights.

But on April 7 the council will also be considering an amendment to the March 17 resolution that directed the city administrator to list the surface of the Library Lane parking structure for sale. The amendment would require a public process to take place before brokerage services are obtained or the real estate is listed for sale. That public process is supposed to allow discussion of the possibility that the entire surface of the underground parking garage could be used as a park or plaza. The amendment is sponsored by Mike Anglin (Ward 5) and Jack Eaton (Ward 4).

The council will also be considering three items that arrived on its agenda via the city’s planning commission: rezoning of a nature area to PL (public land); approval of a site plan for the gym expansion at Concordia University [now expected on the April 21 meeting agenda]; and a resolution calling on the University of Michigan to incorporate the city’s land use recommendations as it considers the future use of the Edwards Brothers property on South State Street.

In other business, the council will be considering a resolution to approve an expansion of the Main Street business improvement zone (BIZ). The geographic area of the self-assessment district – which handles sidewalk snow removal, sweeping and other upkeep for property owners – would more than double. The final decision rests with the property owners in the expanded area.

Also at its April 7 meeting, the council will consider a resolution asking that Michigan state officials stop opposing a recent court ruling that allows same-sex marriages.

The council’s agenda also includes several street-closing approvals for upcoming events: Taste of Ann Arbor on June 2; The Event on Main Street on June 19; the Ann Arbor Jaycees Fourth of July Parade on July 4; and the Townie Street Party on July 14.

Among the reports and communications attached to the agenda is the final report of a council economic collaborative task force.

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.

Outdoor Smoking

A new local law regulating smoking in some outdoor locations will be given a first reading by the council for the third time at its April 7 meeting. The law would regulate smoking outside of public buildings and also potentially in areas of some city parks.

The most recent action – to postpone the ordinance until April 7 – came at the council’s March 3, 2014 meeting. The new ordinance had also been postponed at the council’s Feb. 3 meeting.

Chuck Warpehoski (Ward 5), sponsor of the proposed new local law, had appeared before the city’s park advisory commission on Feb. 25, 2014 to brief commissioners on the proposal and solicit feedback.

Made punishable under the proposed ordinance through a $50 civil fine would be smoking within 20 feet of: (1) bus stops; (2) entrances, windows and ventilation systems of the Blake Transit Center; and (3) entrances, windows and ventilation systems any city-owned building.

The ordinance would also authorize the city administrator to have signs posted designating certain parks or portions of parks as off limits for outdoor smoking, and to increase the distance from entrances to city buildings where outdoor smoking is prohibited.

Where no signs are posted noting the smoking prohibition, a citation could be issued only if someone doesn’t stop smoking immediately when asked to stop.

An existing Washtenaw County ordinance already prohibits smoking near entrances, windows and ventilation systems, according to the staff memo accompanying the resolution – but the county’s ordinance can be enforced only by the county health department. The memo further notes that the Michigan Clean Indoor Air Act does not regulate outdoor smoking.

At the council’s March 3 meeting, other councilmembers expressed concern about the potential disparate impact of such a law on the homeless, and the challenge of enforcement.

Peds: Pedestrian Safety and Access Task Force

At its April 7 meeting, the council will consider for the second time a resolution that would appropriate $197,250 to fund the work of a pedestrian safety and access task force. Action to postpone the resolution until April 7 came at the council’s March 3, 2014 meeting.

The total amount proposed to be appropriated for the task force project budget is $197,250. That amount includes an “estimated $122,500” as the approximate cost of the anticipated city staff effort for the project. The total project budget includes $77,400 for a professional services agreement with Project Innovations Inc.

The funds are to be sourced in part from an allocation made during the May 20, 2013 budget deliberations, which appropriated $75,000 for a study to prioritize sidewalk gap elimination. The connection between sidewalk gaps and the task force’s work is based in part on one of the other “resolved” clauses establishing the task force: “… the task force will also address sidewalk gaps and create a tool for setting priorities for funding and filling those gaps; …”

The pedestrian safety and access task force was established through a council resolution passed on Nov. 18, 2013. Confirmed as members of the task force on Jan. 21, 2014 were: Vivienne Armentrout, Neal Elyakin, Linda Diane Feldt, Jim Rees, Anthony Pinnell, Sarah Pressprich Gryniewicz, Kenneth Clark, Scott Campbell, and Owen Jansson.

Another key “resolved” clause establishing the group’s scope of work includes the following: “… the task force will explore strategies to improve pedestrian safety and access within a framework of shared responsibility through community outreach and data collection, and will recommend to council improvements in the development and application of the Complete Streets model, using best practices, sound data and objective analysis.”

The responsibilities of the task force include delivery of a report a year from now – in February 2015.

The funding for the task force is in part to be used to pay for a $77,400 contract with Project Innovations Inc. to provide facilitator support to the task force.

According to a staff memo written in response to councilmember questions, the facilitator would assist with an anticipated 18 task force meetings, 24 resource group (staff) meetings, five stakeholder meetings and three public meetings. The facilitator would be “preparing materials and agendas; facilitating the meetings; summarizing the meetings; facilitating communication and discussions between, and among, the task force members and the resource group; and, developing materials for community outreach in addition to the actual public meetings, including content for press releases and web page publishing, and a community survey.”

According to the staff memo, a “team of staff members has identified Project Innovations, Inc. as a firm in the region that has demonstrated skill in task force facilitation and robust community engagement efforts, and is uniquely qualified with the capacity to facilitate the pedestrian safety and access task force’s rigorous work approach within the specified timeframe.” Based on the phrasing in the memo, the work appears not to have been put out to bid and Project Innovations was identified as a “sole source” provider.

Project Innovations is the same firm currently providing facilitation support to a citizens advisory committee that is attached to a sanitary sewer wet weather evaluation study being conducted by the city.

The resolution establishing the task force does not explicitly charge the group with a review of the city’s crosswalk law. But the pedestrian safety task force was established in the same time frame as the council was considering an amendment to the city’s crosswalk law. The council ultimately voted to change the language of that law at its Dec. 2, 2013 meeting – so that motorists were required to concede the right-of-way only to pedestrians who had already entered the crosswalk.

That change was subsequently vetoed by mayor John Hieftje. Drawing on the phrasing used in Hieftje’s statement of veto, Stephen Kunselman (Ward 3) has indicated he intends to bring forward an amendment that would require motorists to stop at crosswalks for pedestrians only if “they can do so safely.” At the council’s Feb. 18, 2014 meeting, Kunselman announced he’d be pursuing such an amendment.

The council’s April 7 deliberations on the funding of the task force could be impacted by the first meeting of the task force, which is scheduled for April 4. Based on the agenda for that first task force meeting, recommendations on the funding question could come from the task force to the council to consider on April 7. Indications at the March 3 council meeting were that the budget for the task force and the scope of work for the staff and consultant support could change considerably.

[Updated 5 p.m. April 4, 2014]  The funding resolution is now expected to be withdrawn. At the first meeting of the task force, held on Friday, April 4, Ward 1 councilmember Sabra Briere, speaking from the audience, told the group that it was her intent to withdraw the funding resolution when the council meets on April 7.

Withdrawing the resolution at the April 7 meeting would not mean that the task force will not be able to do its work. Here’s why. In the resolution that’s expected to be withdrawn, the total amount proposed to be appropriated for the task force project budget is $197,250. That amount includes an “estimated $122,500” as the approximate cost of the anticipated city staff effort for the project. The total project budget includes $77,400 for a professional services agreement with Project Innovations Inc.

So the portion of the project budget that requires hard costs to be covered – other than city staff time – is the cost for the consultant to provide facilitation services. And according to a staff memo to the city administrator written after the council’s action to postpone, the bulk of the cost can already be covered in an existing budget allocation. From the March 27, 2014 staff memo to the city administrator: “The estimated amount for the facilitation work is $70,000 to $90,000. Of this amount, $75,000 is currently budgeted for pedestrian safety and sidewalk-gap planning. The remaining $15,000 will be included in the City Administrator’s recommended FY 14 budget amendment.”

In addition to authorizing the funding, the resolution would authorize a $77,400 contract with Project Innovations for the facilitation work. But now, it’s not clear that particular consultant will be selected for the work. Originally Project Innovations had been identified by staff as a contractor uniquely qualified to do the facilitation work. Project Innovations is familiar to city staff as the facilitator for a sanitary sewer wet weather evaluation study the city is currently conducting. But now the city has decided to issue an RFP for the facilitation work. [.pdf of RFP No. 893] Responses to the RFP are due by April 22, 2014.

At the April 4 task force meeting, Connie Pulcipher – a systems planner with the city of Ann Arbor – told members of the task force that they could be involved in the process of interviewing respondents to the RFP. The delay in selecting a facilitator means that the original timeline for the group’s work, which included a final report by February 2015, has shifted to around August 2015.

Peds: Belle Tire Easement

On the council’s agenda is approval of an easement related to the Belle Tire site plan at State and Ellsworth. The planning commission recommended approval at its March 18, 2014 meeting.

Aerial view of a proposed Belle Tire site.

The site plan itself was recommend for approval by the commission at its Aug. 20, 2013 meeting, and the project subsequently received city council approval on Oct. 7, 2013. The site is located in Ward 4.

By way of background, a 50-foot-wide right-of-way easement on the front this site was recorded by the city as part of a previously approved land division for this parcel. That easement reduced the front setback of the Belle Tire building from 10 feet to roughly 3 feet. The minimum front setback for this site is 10 feet.

So the property owner, who also owns the adjacent site at 3975 S. State, has proposed that the city vacate the northern 7 feet of its right-of-way easement.

In exchange, the property owner has offered to convey a non-motorized use easement over the same 7 feet. Such an easement would allow for this strip to be used by the public for future non-motorized transportation facilities, according to a staff memo. And as a non-motorized use easement, the 7-foot strip would be considered part of the required 10-foot front building setback.

Peds: Gallup Park Path

On the council’s consent agenda – a group of items voted on all-in-one-go – is approval of a grant application to fund renovations to a pathway that runs through Gallup Park, which is part of the Border to Border Trail (B2B) connecting the eastern and western borders of Washtenaw County. Renovations would include repairs to the existing asphalt, as well as widening to 10 feet – in part to meet current American Association of State Highway and Transportation Officials (AASHTO) standards.

The grant application would be made to SEMCOG (Southeast Michigan Council of Governments) and MDOT (Michigan Dept. of Transportation) for the Transportation Alternatives Program (TAP). The grant funds, if awarded, would fund renovation of the pathway from the Geddes Dam at the east end of the Gallup Park pathway, to the parking lot east of Huron Parkway. The work would include the loop that leads around that part of the park. Total length of the pathway to be renovated is about two miles.

The city would provide a grant match of $200,000, which would be paid out of the parks and recreation capital improvements millage.

Peds: Sidewalk Maintenance Program

Also related to pedestrian issues are two contracts related to the annual sidewalk maintenance and repair program, which is funded out of a five-year millage approved by voters in November 2011.

A sidewalk marked with a “C” – which indicates that it needs to be cut flush – on Fifth Avenue south of William Street.

Some sidewalk slabs are in reasonably good shape but are out of alignment with adjacent slabs. The city takes the approach of shaving the portion that’s out of alignment so that it’s flush.

Cutting the concrete is more cost effective than replacing the entire slab. The contract for the cutting work for the upcoming 2014 program is to be awarded to Precision Concrete Cutting for $207,350.

The other part of the program involves outright replacement of sidewalk slabs.

That contract is to be awarded to Doan Construction Company for $1,707,037.

Areas of the city of Ann Arbor where sidewalk repair will be done in 2013 and 2014.

Asphalt: Street Resurfacing Program

In addition to an annual sidewalk repair program, the city manages an annual street resurfacing program. On the council’s April 7 agenda is the award of a construction contract to Barrett Paving Materials Inc. for $3.409 million for the 2014 program. Also on the agenda is a professional contract for materials testing – with CTI and Associates Inc. for $82,332.

Heavy black highlights indicate stretches of road that are a part of the city of Ann Arbor’s street resurfacing program in 2014.

Text descriptions of the streets to be resurfaced are as follows:

• Washington: First Ave to Fourth Ave (April – May)
• Fuller: Maiden Lane to Huron River Bridge (May – June)
• Newport: Sunset to south of Bird Rd (June – July)
• Linwood:, Doty to Wildwood (April – May)
• Northside Grill Alley: Broadway to End (April – May)
• Vinewood: Berkshire to Avon (May – June)
• Steeplechase: Whiltshire to Blaney (June – July)
• St. Aubin: Platt to Creek Dr (June – July)
• Woodbury: Astor to Stadium (July – July)
• Prairie: Plymouth to Aurora (July – August)
• Burlington Court: Burlington to End (July – August)
• Waldenwood & Adjacent Courts: Penberton to Earhart (north end) (July – September)

Asphalt: Windemere Tennis Courts

The council will consider a $134,297 contract with Nagle Paving Co. to relocate and rebuild the tennis courts at Windemere Park. The park advisory commission recommended approval of the contract at its Feb. 25, 2014 meeting.

PAC’s recommendation on the contract followed its approval on Jan. 28, 2014 of a revised new location for tennis courts at Windemere Park, on the city’s northeast side. The final location approved by PAC was one put forward at a public meeting earlier this year.

The new location for the tennis courts has been disputed among neighbors who live near Windemere Park, a nearly four-acre parcel north of Glazier Way between Green and Earhart roads. The tennis courts there have deteriorated, and the city has been looking at options for replacing them. Neighbors had originally advocated keeping the courts in the same location, but the soil there is unstable. Before the area was developed, the current location of the courts was a pond.

Nagle Paving was the lowest of five responsible bidders on the project, according to a staff memo. Including a 10% construction contingency, the entire project budget is $147,727. Funding will come from the FY 2014 park maintenance and capital improvement millage revenues. [.pdf of staff memo and resolution] [.pdf of cost comparison chart]

Land: Library Lot Proceeds to Affordable Housing

The city council will consider a resolution at its April 7 meeting that would direct the city administrator to allocate half the proceeds from a possible upcoming real estate sale to support affordable housing. The land in question is the surface of the Library Lane underground parking structure, which completed construction in the summer of 2012. [.pdf of draft resolution on Library Lane sale]

The Library Lane underground parking deck is highlighted in yellow. The name “Library Lane” is based only on the proximity of the structure to the downtown location of the Ann Arbor District Library. The library does not own the structure or the mid-block cut-through. (Base image from Washtenaw County and City of Ann Arbor GIS services.)

From the resolution: “Resolved, That City Council direct the City Administrator to allocate 50% of any and all proceeds, after fees and closing costs, from the sale of development rights at 319 S. Fifth Avenue [the Library Lane lot] to the affordable housing fund.” Use of money in the city’s affordable housing trust fund is subject to recommendations by the housing and human services advisory board (HHSAB).

Based on a ballpark estimated value for the property of $6-7 million dollars – given by Jim Chaconas of Colliers International at the council’s March 17, 2014 meeting – the resolution would translate to somewhere in the neighborhood of $3 million to support affordable housing, depending on fees and closing costs.

No specific deal appears to be in the offing to develop the top of the structure. But the council voted at its March 17, 2014 meeting to hire a brokerage service to list the development rights to the top of the underground parking garage for sale. At the same meeting, the council passed a separate resolution that reserved 6,500-12,000 square feet on the Library Lane site for a publicly owned urban park.

The resolution allocating 50% of proceeds of a Library Lane sale to support affordable housing is sponsored by four councilmembers: Sabra Briere (Ward 1), Christopher Taylor (Ward 3), Chuck Warpehoski (Ward 5) and mayor John Hieftje.

The strategy of channeling at least some of the proceeds of land sales to support affordable housing efforts has been a consistent part of city policy dating back several years. However, the council has not always agreed on the portion of a sale that should be allocated to support affordable housing. At the March 16 Sunday night caucus, Briere indicated one reason she might be reluctant at the following evening’s council meeting to support the hiring of a broker to list the Library Lane development rights for sale: She did not at that time want to take on the fight with other councilmembers about what to do with the proceeds. But Briere voted with seven of her colleagues on the 8-1 vote that saw only Sumi Kailasapathy (Ward 1) dissenting. Sally Petersen (Ward 2) and Margie Teall (Ward 4) were not present for that vote.

The sale of another city property – the former Y lot in downtown Ann Arbor, on William between Fourth and Fifth avenues, across the street from the Library Lane site – is expected to generate roughly $1.4 million in net proceeds from the $5.25 million purchase price. That sale to hotelier Dennis Dahlmann had a closing date of April 2, 2014. And that sale was, in fact, completed.

The council voted at its Dec. 16, 2013 meeting to allocate all of those net proceeds to the affordable housing trust fund. More recently, at its March 3, 2014 meeting, the council directed the city administrator to prepare a budget resolution that would – upon completion of the former Y lot sale – allocate $600,000 from the affordable housing trust fund to the Ann Arbor Housing Commission, to support major capital improvements to its properties.

More than a year ago, at its Oct. 15, 2012 meeting, the council adopted a general policy on proceeds of land sales that was based on a budget committee recommendation. Essentially the policy is to consider land sales on a case-by-case basis, considering all the needs of the city. A nod to affordable housing was included in an amendment added at the council meeting in the form of a statement that all needs of the city would be considered in deciding the use of land sale proceeds – but “especially the need for affordable housing.”

The draft resolution to be considered at the April 7 council meeting cites the budget committee’s recommendation, which was adopted in the Oct. 15, 2012 council resolution, that “no less than 10% of net proceeds of any sale will be allocated and distributed to the affordable housing trust fund …”

Land: Amendment to Library Lane Resolution to List for Sale

On April 7, the council will also be revisiting the March 17 resolution on listing the surface of the Library Lane structure for sale. Mike Anglin (Ward 5) and Jack Eaton (Ward 4) have sponsored a resolution that would delay the hiring of a broker and listing the property for sale until a public process, to be structured by the city administrator, is completed.

That public process is supposed to allow discussion of the possibility that the entire surface of the underground parking garage could be used as a park or plaza. From the resolution:

Resolved, That Resolution R-14-098 Directing the City Administrator to List for Sale 319 South Fifth and Retain Estate Brokerage Services be amended to direct the City Administrator to require that retention of brokerage services be delayed and listing not occur until adequate public process has taken place to explore public uses for the entire property;

Resolved, That the City Administrator structure the public process to allow citizens an opportunity to bring forward and discuss any and all appropriate public uses for this City-owned property, including its use, in its entirety, as a park or plaza;

Resolved, That City Administrator schedule a public hearing as part of the public process for citizen input on public uses for the property

Resolved, That City Administrator provide City Council with report on the public process at its completion; and

Resolved, On completion of the required public process, the City Administrator is directed to seek further direction from City Council as to whether the property should be listed or to continue to develop a wholly public or mixed public/private plan for its use.

The vote on the council’s March 17 resolution was 8-1, with dissent only from Sumi Kailasapathy (Ward 1). Sally Petersen (Ward 2) was absent from the start of the meeting and Margie Teall (Ward 4) departed late in the meeting but before the vote was taken.

The April 7 council agenda also includes, as an item of communication, a resolution passed by the city planning commission on March 18, 2014 that gives advice to the council about how to develop the Library Lane property. The commission’s recommendations focused on conditions for developing the site that would garner economic benefits to the city, such as a mixed-use development that generates foot traffic, with an entry plaza or open space and a design that “creates an iconic addition to the skyline.” The recommendations drew on material in several existing documents, including the Connecting William Street report that was completed by the Ann Arbor Downtown Development Authority about a year ago.

Also attached to the council agenda as an item of communication is a resolution passed by the Ann Arbor District Library board on March 17, 2014. The resolution asked the council to reject designating a portion of the city-owned Library Lane site – which is adjacent to the downtown library – as a public park or plaza at this time.

Land: Recommendation to UM on Edwards Brothers

An additional land-use item on the council’s April 7 agenda is a resolution recommending that the University of Michigan collaborate with the city of Ann Arbor on the future development of the former Edwards Brothers property at 2500-2550 South State Street, immediately adjacent to existing UM athletic facilities. The university is purchasing the 16.7-acre property, following the Ann Arbor city council’s decision on Feb. 24, 2014 not to exercise its right of first refusal to buy the site.

The city planning commission passed the same resolution at its March 18, 2014 meeting and forwarded it to the city council.

The resolution was drafted by planning manager Wendy Rampson based on previous discussions by the planning commission and city council. [.pdf of resolution as amended at March 18 planning commission meeting]

The one resolved clause states:

RESOLVED, That the Ann Arbor City Council and Ann Arbor City Planning Commission request that The Regents of The University of Michigan and President authorize University staff to meet with City representatives to collaborate on issues related to future development of the South Athletic Campus area, including, but not limited to:

• Exploring the creation of one or more parcels fronting South State Street to be developed, preferably privately, for complementary uses adjacent to the South Athletic Campus that also follow the South State Street plan recommendations;
• Discussing options for the relocation of park-and-ride facilities as the South Athletic Campus develops; and
• Discussing the opportunities for a future pedestrian and vehicular connection between South Main Street and South State Street via the planned Oakbrook Drive extension through the South Athletic Campus site.

At the planning commission’s March 18 meeting, Rampson said she’s already shared a draft of the resolution with UM planner Sue Gott and Jim Kosteva, the university’s director of community relations.

The city council voted down a resolution that would have authorized Ann Arbor’s right of first refusal on the Edwards Brothers Malloy property, at a special session of the council on Feb. 24, 2014. That will allow the University of Michigan to purchase the property unimpeded.

Land: Stapp Nature Area Addition Rezoning

The council’s April 7 agenda includes a resolution giving initial approval to rezoning of land that’s been donated to the city by developer Bill Martin, founder of First Martin Corp. The 2.2-acre parcel at 3301 Traverwood Drive is being added to the adjacent Stapp Nature Area, near the Leslie Park golf course.

Land donated by Bill Martin to the city of Ann Arbor indicated in red outline..

City staff recommended that the donated parcel be rezoned from R4D (multi-family dwelling) to PL (public land). The land reaches from Traverwood Drive to the Leslie Park golf course, south of Huron Parkway. Adding the land expands a corridor of natural areas and parkland. Stapp Nature Area, a 8.11-acre property with a mature native forest and small vernal pool, is adjacent to Tuebingen Park and has a connection to Leslie Woods.

The site is on the northern edge of a larger property that’s being developed by First Martin Corp. as Traverwood Apartments. That project received its final necessary approvals from the city council on Jan. 6, 2014.

First Martin has committed to creating a pedestrian access from the apartment complex to the nature area, which will be formalized with an access easement.

The city has a policy of rezoning city-owned land to PL (public land). This parcel will be differentiated as parkland by its inclusion in the city’s parks and recreation open space (PROS) plan, because it will become part of the Stapp Nature Area, which is already in the PROS plan.

The council would be giving the rezoning initial approval at its April 7 meeting. The final vote would come at a future meeting after a public hearing.

Land: Concordia University Gym Expansion

An additional land-use issue that appears was expected on the city council’s April 7 agenda is approval of a site plan to expand the existing Concordia University gym.

Corrected: This item is now expected to be considered at the council’s April 21 meeting. 

The plan also includes reconfiguring nearby parking lots and stormwater management features on the 187-acre site at 4090 Geddes Road, just west of US-23 and north of the Huron River. The city planning commission recommended approval of the site plan at its March 4, 2014 meeting.

Aerial view of Concordia University campus, south of Geddes Road and west of US-23.

As a separate item, planning commissioners were asked to grant a special exception use for the project. That’s required because the private university is located on a site zoned R1B (single-family residential district).

The site plan requires city council approval, but the special exception use does not.

The proposal calls for a three-story, 34,391-square-foot addition to the current 22,021-square-foot gym that was built in the early 1960s, located on the west side of Concordia’s main campus. [.pdf of campus map] The addition will include men’s and women’s locker rooms, athletic office space, classrooms and an auxiliary gym. A second phase of the project entails constructing a single-story, 5,280-square-foot athletic training room.

An existing gravel parking area west of the gym will be paved and landscaped, and another lot north of the gym along Geddes will get new landscaping and bioswales. A total of 92 new parking spaces will be created, mostly in the former gravel lot. A new stormwater management system will be completed to address a 100-year storm event, including a detention pond with an outlet into a bioswale south of the developed area.

The site plan is for a planned project, which allows variations in height and placement. The proposed addition would be 39 feet high. The site’s zoning has a height limit of 30 feet. The existing gym is about 33 feet high, measured at the midpoint of the roof.

Land: Main Street BIZ Expansion

On the council’s April 7 agenda is approval of an expansion of the geographic area of the Main Street Business Improvement Zone. The business improvement zone was established in 2010 by a vote of property owners in the zone to provide a mechanism for taxing themselves to pay for items like sidewalk snow removal, sidewalk sweeping and landscaping. [For the state enabling legislation for a BIZ, see Public Act 120 of 1961]

The current geographic area of the Main Street BIZ extends north-to-south from William to Huron on both sides of Main Street, extending to the mid-block alleys. The expansion would extend the area westward by a half block from the alley to Ashley Street. The expansion would also extend the area eastward by a half block along the whole north-south dimension; and between William and Liberty, the zone would expand westward an additional block – to Fourth Avenue.

While the council must give its approval of the plan, the expansion is contingent on a vote among property owners in the area, which has to be set for no later than 49 days after the date of the council’s resolution. The council’s April 7 meeting agenda includes a public hearing on the issue.

Main Street BIZ geographic area and expansion. (Map by The Chronicle from the BIZ plan using Washtenaw County and city of Ann Arbor GIS services mapping tools.)

Same-Sex Marriage

At its April 7 meeting, the Ann Arbor city council will consider a resolution asking that Michigan state officials stop opposing a recent court ruling that allows same-sex marriages. [.pdf of draft resolution on same-sex marriage]

The ruling in question was issued by federal judge Bernard Friedman on Friday, March 21, 2014 in the case of Deboer v. Snyder. In that ruling, Friedman found that Article I, Section 25 of the Michigan Constitution – which limits the benefits of marriage to unions between one man and one woman – did not advance any legitimate state interest. So the ruling had the effect of making same-sex marriages legal in Michigan.

But the day following the decision, on March 22, the U.S. Court of Appeals for the Sixth Circuit issued a temporary stay on Friedman’s ruling. Michigan’s Gov. Rick Snyder and Attorney General Bill Schuette are appealing Friedman’s decision.

The council’s resolution reads in part:

RESOLVED, That the Ann Arbor City Council urges Governor Snyder and Attorney General Schuette to immediately suspend all efforts to appeal or otherwise contest Judge Friedman’s Ruling…

Before the stay on Friedman’s ruling took effect, Washtenaw County clerk Larry Kestenbaum opened his office for business on Saturday, March 22, and issued 74 marriage licenses for same-sex couples in Washtenaw County. The county board had already set the stage for those couples to receive what practically amounts to a fee waiver for the expedited processing of a license, which ordinarily takes three days. The “fee” approved by the board at its Feb. 19, 2014 meeting reduced the usual fee from $50 to 1 cent.

The resolution passed by the county board on Feb. 19 allows the county clerk, consulting with the county administrator, to establish a “fee holiday” on the day preceding a period during which the office’s vital records division would be closed for four or more days, or when an unusual number of marriage license applicants are expected to appear. During a “fee holiday,” the charge for immediately processing a marriage license is 1 cent.

The resolution to be considered by the Ann Arbor city council on April 7 currently has four sponsors: Christopher Taylor (Ward 3), Margie Teall (Ward 4), Sabra Briere (Ward 1) and Chuck Warpehoski (Ward 5).

Economic Collaborative Task Force

Among the many agenda attachments – reports and communications – is the final report of the economic collaborative task force, established by the council last year at its May 20, 2013 meeting. The idea to establish the task force had grown out of an idea to review the Ann Arbor Downtown Development Authority in the context of proposed changes to the city ordinance governing the DDA. The task force drew members from city of Ann Arbor, Ann Arbor SPARK and the Ann Arbor DDA.  [.pdf of March 28, 2014 economic collaborative task force report]

In more detail, the task force was supposed to do the following:

• Provide clarity, alignment and specificity on economic development policy and objectives for fiscal year 2014 toward accomplishing city council’s success statement for Economic Development.
• Provide for strategic alignment of priorities between the Task Force member entities.
• Highlight cost sharing and maximizing of resource utilization.
• Identify options for sustaining, modifying, or eliminating operations in a financially-responsible manner through efficiencies and/or partnerships as part of a cohesive economic development plan for the city.

The “success statement” mentioned in the resolution was crafted by the city council at a budget retreat held in late 2012.

Those initially appointed to represent the city on the task force were city administrator Steve Powers, Sally Petersen (Ward 2) and then councilmember Marcia Higgins (Ward 4).

According to the resolution establishing the task force, a report was supposed to be presented to the council in December 2013 and the task force was supposed to expire at the end of 2013.

The 4.5-page report in general calls on the city, the Ann Arbor Downtown Development Authority and Ann Arbor SPARK to continue existing initiatives.

Some highlights of the report include a recommendation that the city consider technology infrastructure that is “essential for companies to compete globally and for communities to attract the necessary talent.” In that category of infrastructure, the report indicates that the city and Ann Arbor SPARK should “continue their work to develop a proposal for high-speed fiber that would accelerate both commercial and residential internet speeds.”

Also recommended in the report is the preparation of a plan to market and sell surplus city-owned properties. Properties included on the list include the South Ashley/West William (Kline) lot, the South Main/East William (Palio) lot, Library Lane, and 415 W. Washington.

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Curt Gielow (right), campus chief executive for Concordia University Ann Arbor, talks with Ann Arbor planning commission chair Kirk Westphal before the commission’s March 4, 2014 meeting. (Photos by the writer.)

The project signals a larger effort to double the size of the current institution’s enrollment of 740 students and return Concordia – which was near bankruptcy in recent years – to financial stability.

Curt Gielow, Concordia University Ann Arbor’s CEO, told commissioners that because of its distressed financial state, the Ann Arbor campus was absorbed by Concordia University Wisconsin last year. Plans are in place to invest between $10 million to $20 million in the coming years on a variety of improvements, he said.

Gielow estimated Concordia’s economic impact on Ann Arbor is in excess of $10 million annually. “I don’t think anybody wants this university to close.”

The 187-acre campus is located at 4090 Geddes Road, just west of US-23 and north of the Huron River. The Ann Arbor campus is one of the smallest of the 10 Concordias nationwide, which all are owned by the Lutheran Church – Missouri Synod. The LCMS Michigan district offices are located near the Ann Arbor campus, at 3773 Geddes.

The site plan will now be forwarded to the city council for consideration. Planning commissioners also granted a special exception use for the project, because the private university is located on a site zoned R1B (single-family residential district). No additional city council approval is required for that.

In other action, commissioners voted to support a resolution passed by the city’s energy commission and environmental commission, recommending that the city fill a vacant full-time position to focus on implementing Ann Arbor’s climate action plan.

During the March 4 meeting, energy commission chair Wayne Appleyard explained the rationale behind the recommendation, noting that one of two positions in the energy office has been vacant for about two years. While the office has been short-staffed, he said, climate change continues. “Greenhouse gases are cumulative, so the faster we can move to reduce our greenhouse gas emissions, the better off everybody’s going to be.”

Near the end of the meeting, planning commissioner Diane Giannola announced that she and Bonnie Bona would be bringing a resolution forward on March 18 related to the Library Lane site. At recent city council meetings, she noted, there has been discussion about potentially selling the air rights for the Library Lane underground parking structure to a developer. So the resolution would describe the kinds of uses that the planning commission would like to see on top of that site, she said. Giannola likened it to a similar resolution that the planning commission passed prior to the sale of the former Y lot.

Concordia University Gym Expansion

A site plan to expand the existing Concordia University gym was on the March 4 agenda. The plan also includes reconfiguring nearby parking lots and stormwater management features on the 187-acre site at 4090 Geddes Road, just west of US-23 and north of the Huron River.

Aerial view of Concordia University campus, south of Geddes Road and west of US-23.

As a separate item, planning commissioners were asked to grant a special exception use for the project. That’s required because the private university is located on a site zoned R1B (single-family residential district).

The site plan requires city council approval, but the special exception use does not.

The proposal calls for a three-story, 34,391-square-foot addition to the current 22,021-square-foot gym that was built in the early 1960s, located on the west side of Concordia’s main campus. [.pdf of campus map] The addition will include men’s and women’s locker rooms, athletic office space, classrooms and an auxiliary gym. A second phase of the project entails constructing a single-story, 5,280-square-foot athletic training room.

An existing gravel parking area west of the gym will be paved and landscaped, and another lot north of the gym along Geddes will get new landscaping and bioswales. A total of 92 new parking spaces will be created, mostly in the former gravel lot. A new stormwater management system will be completed to address a 100-year storm event, including a detention pond with an outlet into a bioswale south of the developed area.

The site plan is for a planned project, which allows variations in height and placement. The proposed addition would be 39 feet high. The site’s zoning has a height limit of 30 feet. The existing gym is about 33 feet high, measured at the midpoint of the roof.

Concordia is located in Ward 2. A letter from the university stated that a citizens participation meeting for the project was held on Dec. 10, 2013. The only resident who attended was Ward 2 councilmember Jane Lumm, who had no concerns about the project, according to the letter.

In giving the staff report, city planner Jeff Kahan provided a brief history of the university. It was dedicated in 1963 as a community college, and became a four-year college in 1976. Concordia became a university in 2001. The main campus is located south of Geddes, with athletic fields north of that road.

Planning staff recommended approval of the site plan and special exception use.

Concordia University Gym Expansion: Public Hearing

Curt Gielow introduced himself as Concordia University Ann Arbor’s campus CEO. He’s lived here for six months, moving to Ann Arbor from Wisconsin. Concordia in Ann Arbor is one of 10 Concordias in the country, he said. Other locations include Portland, Ore., Texas, southern California, the Bronx, Nebraska and Alabama. Concordia Wisconsin is the largest, with a student population of 8,000 in the small town of Mequon, north of Milwaukee. Gielow noted that he previously served as mayor of Mequon.

Members of the staff and design team for the Concordia University project. In the foreground is Curt Gielow, CEO of the Ann Arbor campus.

The Ann Arbor campus is one of the smallest of the 10 Concordias, which all are owned by the Lutheran Church – Missouri Synod.

The Ann Arbor campus is 50 years old, with three schools – business, education, and arts & sciences. Recently the campus has struggled financially, and within the last few years was near bankruptcy and closure, Gielow said. The church didn’t want that to happen, he added, because it felt there was a mission here. So church officials asked Concordia Wisconsin for a “helping hand,” he said.

Collaborations began a couple of years ago, culminating in a merger. So now the Ann Arbor campus is part of Concordia Wisconsin. So it’s one university with campuses in Ann Arbor and Wisconsin. Concordia’s Ann Arbor campus employs 110 people.

In the next few years, $10 million to $20 million will be invested in infrastructure and operating support to make the Ann Arbor campus viable, Gielow said. Today, there are 740 students and that’s not viable. They need to at least double their student enrollment over the next few years, he told commissioners.

Gielow said he previously served as dean of the School of Pharmacy at Concordia Wisconsin, and he was asked to come to Ann Arbor to be campus CEO. He’s been here since August of 2013. “We’ve got to be vigorous in our efforts to grow this university to a sustainable level,” he said. The projects that Concordia will bring before the planning commission in the next few years will focus on that need to grow. The campus needs to have between 1,200 to 1,400 students, he said, because it’s a tuition-driven operation. The campus gets no state or federal support – only tuition and donations.

Of the 740 current students, about 500 live on campus in 16 small dormitories that each house 32 students. “We think the economic impact of this university and sustaining this university in Ann Arbor is easily in excess of $10 million a year,” Gielow said. So he hoped that the city would allow Concordia to do the necessary things to grow.

As for the current project, Gielow said the addition to the gym would be built to match the look of the existing building. It’s not their intent to disrupt the neighbors, he said, and he thought there was unanimous support from neighbors for this effort. It won’t include any additional traffic. “I don’t think anybody wants this university to close,” Gielow said.

Cliff Mayer, the project’s architect, told commissioners that his firm has been working with Concordia Wisconsin for about 15 years. He noted that because the Ann Arbor campus was built in 1963, “everything that needs repair and replacement also goes [needs repair] at the same time.” They’re trying to be strategic about the work. The gym will be energy efficient, he said. He noted that his firm has saved the university’s Wisconsin campus $110,000 in annual energy costs through energy efficient construction, including well-insulated walls and state-of-the-art mechanical systems. It’s similar to the investments that will be made in Ann Arbor, he said. Mayer concluded by saying he was on hand to answer any questions.

Concordia University Gym Expansion: Commission Discussion

Sabra Briere asked about the anticipated growth of the campus, and wondered if the university will eventually build more dormitories. She also wanted to know if there would be more traffic because of the future expansion.

From left: Ann Arbor planning commissioners Diane Giannola and Bonnie Bona.

Curt Gielow reported that the existing dormitories are not full, so there’s some ability to take more on-campus students. He noted that in 2006-2007, the campus had about 1,100 students. Some students are commuters. “We just don’t know the mix of our new student base,” he said. For example, the campus is looking to grow its international student population, who would need housing.

Gielow noted that in the future, they might need to build another dormitory on campus. Much of the 187 acres that Concordia owns is available for growth, he said. “We have the significant advantage of space – and beautiful space on a beautiful river.”

He also reported that on the north side of Geddes, a football field is under construction now. Right now, Concordia plays its football games at Eastern Michigan University’s stadium and at Huron High School.

Bonnie Bona said she was very supportive of this project. She noted that she was raised in the Lutheran Church – Missouri Synod, and knows that the state offices are “across the road.” [The LCMS Michigan district offices are located at 3773 Geddes.]

Bona’s father worked for an organization called Creative Buildings out of Champaign-Urbana that built many Lutheran structures in the early 1960s, she said, so she particularly likes the architecture of these buildings.

Bona suggested that the city would be interested in working with Concordia’s Ann Arbor campus in its long-term master planning, rather than just responding to projects as they come up. It would be helpful for the community to give feedback on Concordia’s master plans, she said. Gielow indicated that Concordia would be happy to share its master planning with the city.

It’s important to integrate the campus with the city, as well as with the adjacent neighbors, Bona said, though there’s not a lot of development in that area.

Noting that Gielow had talked about getting Concordia to a sustainable level, Bona wondered how he would define that. “When we make money instead of losing it,” Gielow replied. This year, they’ll lose $3 million, he said, and Concordia Wisconsin won’t sustain those kinds of losses. So the emphasis is on growing student enrollment and courses. For example, he pointed to outreach centers in Frankenmuth and Dearborn as efforts to recruit adult students who want to complete college.

Planning commissioner and city councilmember Sabra Briere.

Gielow noted that because of a connection his son had, Gov. Rick Snyder had met with Concordia officials. Snyder is interested in early childhood education and nursing, Gielow said. Concordia can provide degree completion for RNs who want to get BSN degrees.

Gielow also reported that he’s talked with Washtenaw Community College about possible collaboration. WCC would like to see its students with associate degrees move on and get bachelor degrees, he said, and Concordia can help with that. So Concordia is doing outreach, Gielow said, but in the short term, the campus needs to stop losing money.

Bona then asked about parking. The zoning requires a minimum of 140 spaces – or five per classroom. There are currently 481 spaces, with plans to increase that number to 573. Cliff Mayer, the project’s architect, said that they’re not actually adding any parking. They’re just upgrading the gravel lot to the city’s standard of an asphalt lot, with bioswales and landscaping.

Bona wondered if the parking was primarily to accommodate visitors for athletic events. Mayer indicated that there’s sufficient parking for current needs, as well as to support some future growth. He noted that an additional gravel area is located on the north side of Geddes, next to the athletic field.

Bona then asked whether there’s any accommodation on campus for buses. She thought there might be opportunity to encourage more use of public transit. Gielow replied that he’s been talking to the Ann Arbor Area Transportation Authority about bringing a bus stop onto the campus. There’s an existing stop nearby on the north side of Geddes. He noted that if more students take the bus, the campus would have less need for parking.

Bona suggested that the campus might be a good location for a Zipcar.

Concordia University is a significant asset to the community, Bona said, so she’d support this project.

Ken Clein wondered whether the city should talk to the university about rezoning the site, rather than having to grant a special exception use for each project. City planner Jeff Kahan replied that this is how the city handles private colleges. Such uses are allowed by special exception in office districts and single-family residential districts. Kahan said the city staff believes the existing zoning is reasonable, and it’s reasonable to require that the university request a special exception use for each project.

City planner Jeff Kahan.

Clein asked about the building materials. Mayer indicated that the intent is to match and complement the shingles on the addition’s roof with the existing gym. They’re looking at a steel shingle with granules on it that complements the “architectural ambiance of the ’60s,” he said. Right now, it’s a cost consideration, however. Clein noted that in life-cycle costs, the steel shingles would be cheaper. Mayer agreed, but said it was a matter of budget priorities within the context of all the work that needs to be done.

Clein replied that in terms of the city’s sustainability efforts, a steel shingle would go over well. Mayer quipped: “Is there any funding available?”

Clein also clarified with Mayer that the gym’s mechanicals will be going in the lower level, and any rooftop mechanicals will be screened. In response to another query, Mayer said the construction follows LEED principles, including high energy-efficiency wall systems, insulated windows, solar orientation and other features. But Concordia won’t necessarily go through the expensive process of getting LEED certified, he said.

Responding to a question from Kirk Westphal, Mayer noted that the auxiliary gym will be using natural light to lower the need for lighting during the day. It doesn’t face “dead south,” he said, but that’s not really necessary for this purpose.

Westphal asked Kahan to describe the environmental impact of paving the gravel parking lot. Kahan replied that the existing gravel surface, which has been compacted for years, has about the same runoff coefficient as asphalt. Constructing a new parking area that includes bioswales, landscaping and detention is a net positive for that site, Kahan said.

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

Staffing for Energy Office

City planner Jeff Kahan gave the staff report, noting that at the planning commission’s Feb. 20, 2014 meeting, chair Kirk Westphal had distributed a copy of a resolution passed by the city’s energy commission. It supports a recommendation to hire a full-time employee to focus on projects that help achieve goals in the city’s climate action plan. [.pdf of resolution]

The energy commission has requested that the planning commission support this resolution. An identical resolution was adopted by the city’s environmental commission on Feb. 27.

Kahan reported that the planning commission’s bylaws give guidance on this type of request. He pointed to two specific sections:

Article III. Purpose, Objectives, and Duties
…
Section 3. The Commission shall advise City Council on matters relating to the physical and environmental development of the City. Its recommendations shall consider the impact which such development shall have on the physical, social, economic, and environmental condition of the City.
…
Article V. Ethics and Conflicts of Interest
…
Section 11. The Commission or its individual members shall not intrude into the management of the City Planning and Development Services Unit or into those matters which are handled administratively within the service unit.

Kahan listed two options that the planning commission might consider: (1) adopting the same resolution that’s been passed by the energy and environmental commissions; or (2) passing a resolution of support.

It was the latter option that planning commissioners pursued:

The Ann Arbor City Planning Commission hereby supports the Energy Commission and Environmental Commission’s efforts to identify resourcing for the City’s community energy efficiency initiatives.

Staffing for Energy Office: Public Hearing

The only speaker for the public hearing on this item was Wayne Appleyard, chair of the city’s energy commission.

Wayne Appleyard, chair of the Ann Arbor energy commission.

Appleyard gave some background for this effort. Until two years ago, there had been two positions in the energy office. But the previous energy programs manager, Andrew Brix, left his job two years ago. That position remained vacant until earlier this year, when Nate Geisler, who’s been the city’s energy programs associate, was promoted to manager.

So the energy office is still short-staffed, Appleyard said, with an opening now for the energy programs associate.

On Dec. 17, 2012, the Ann Arbor city council unanimously adopted a climate action plan for the city. It states that the city should move very quickly to reduce greenhouse gas emissions, Appleyard said. Because municipal government operations only account for about 1.2% of total emissions in the city, the plan “requires a lot of work out in the community, and we need that second position filled in order to do that,” he said.

Climate change doesn’t wait, Appleyard added. “Greenhouse gases are cumulative, so the faster we can move to reduce our greenhouse gas emissions, the better off everybody’s going to be.”

He told commissioners that he was available to answer any questions.

Staffing for Energy Office: Commission Discussion

Bonnie Bona asked about the role of the open position. Prior to the period when one of the two energy office positions was vacant, had there been much outreach done to the community regarding greenhouse gas reduction? Wayne Appleyard said the energy office has always reached out to the community through events like the annual Green Fair, “but nothing really extensive.”

Appleyard noted that work has been ongoing, even though the office has been short-staffed for two years. But that’s primarily because the office has received grants to hire outside help. For example, the city’s property assessed clean energy (PACE) program – a financing program for energy efficiency projects on commercial properties – was only completed because the city used grant funding to hire an outside contractor. [That contractor was the Clean Energy Coalition (CEC), where Bona is employed.]

Planning commissioner Paras Parekh.

The climate action plan was just being developed when Andrew Brix left, Appleyard said. Again, grant funding allowed for the city to contract with the CEC to help move that plan forward. But a lot of work hasn’t been completed, he noted. For example, there’s an extensive appendix for the climate action plan that hasn’t yet been finished.

Bona clarified with Appleyard that the second position wasn’t eliminated by the city, but it just hadn’t been filled. Why wasn’t it filled when Brix left?

Sabra Briere speculated that it might be because the city left the position vacant in order to save money. “One way we have reduced the size of city government is through attrition,” she said.

Bona pointed out that the city had actually interviewed for the opening. That’s correct, Appleyard said. The city had interviewed candidates for the job and offered it to someone who ultimately decided not to take it. The job was then offered to another person, who also declined. At that point, he said, the process came to a halt and there was discussion about redefining the roles of the two positions.

Bona asked what would happen if the position was left vacant, and the city couldn’t pro-actively work on items in the climate action plan. Is there any way for the private sector to fill in, or is it something that only the city can do?

Appleyard replied by saying that over the past several years, the energy office has brought in over $600,000 in grant funding. “So it pays for itself, quite often,” he said. The problem with relying on grants and outside staffing is that it comes and goes, he added. The climate action plan is very ambitious and not easy to implement. “You don’t want to have boom-and-bust cycles of personnel,” he said. It’s essential to have consistent, ongoing staffing. He noted that when the office is short-staffed, some grant opportunities are missed.

Leaving the position vacant for financial reasons is shortsighted, Appleyard argued. He said that increasing energy efficiency in the community frees up money to spend on other things. When you buy electricity or natural gas, the money goes to businesses outside of the community, he said. But if residents are more energy efficient, they have more money to spend in this community. “All in all, it keeps a more vibrant community,” he said.

It’s also important to realize that with the effects of climate change, Appleyard said, “the more we can do to sort of hunker down, the better off we’ll be able to weather some of the problems that are happening.” Filling the second position in the energy office is important for that, too, he said.

A lot of people in the community are working on energy efficiency issues, in collaboration with the city, Appleyard said. A group called the Community Climate Partnership – which includes the nonprofit Ecology Center, some city staff, and energy commission members – are working on some of these issues, he said. [The Community Climate Partnership was awarded a $55,000 grant by the Funders' Network last fall. The project's description was "to build a Community Climate Partnership that brings together a cross-section of the community to implement the city’s Climate Action Plan and fosters broader community involvement and civic action around climate change."]

Planning commissioners Ken Clein, Diane Giannola and Bonnie Bona.

Appleyard noted that the work requires staff who are designated for these projects, not just volunteers.

Kirk Westphal said he didn’t recall that the planning commission has ever given formal advice on staffing issues. He said he didn’t have the wherewithal to know if this was the best use of resources at the city. Noting that the planning unit could use more staff, Westphal observed that the planning commission’s bylaws prevent it from advocating for staff within the planning unit. He said he was comfortable with the resolution of support, because it cuts across many of the goals in the climate action plan and sustainability framework. Promoting energy-efficient buildings might be the most efficient way to put money into residents’ pockets, he said.

Ken Clein noted that one of the premiums offered to developments in the downtown zoning districts relates to energy efficiency. There are also discussions about solar access, related to zoning. So it would be very helpful to have staff with relevant technical abilities to assist the commission and council in making decisions about energy-efficiency issues, he said. It would benefit developers as well as residents, he added.

In response to a query from Paras Parekh, Appleyard noted that the budget for the city’s next fiscal year – starting July 1, 2014 – is now being developed. If the vacant position is not filled, he said, then maybe it won’t be included in that budget.

Diane Giannola asked whether the planning commission, by passing this resolution, would be intruding into the management of its service unit – thereby violating its bylaws. Kahan clarified that the energy office is part of the city’s systems planning unit, not the planning and development services unit.

Bona pointed out that in order to make a recommendation of approval for this resolution, it needed six votes. She observed that only six of the nine planning commissioners were present. So to pass, it would need an affirmative vote from all commissioners who were present. [Absent were Eleanore Adenekan, Jeremy Peters and Wendy Woods.]

Bona said the most compelling aspect of the resolution is the urgency of the climate situation. These kinds of efforts take a long time to build momentum, she said. Citing the city’s PACE program, Bona called it a “real squandering of resources” to not keep programs running. It’s not just energy efficiency, she said, it’s financial efficiency.

If the city is at all serious about its climate action plan or sustainability, “this is the least we can do,” Bona said. “It’s possible that we need to do more, but let’s certainly not go backwards.”

Outcome: Commissioners voted unanimously to pass a resolution of support for hiring a full-time staff position in the city’s energy office.

After the vote, Sabra Briere – who also serves on the city council – said she’d felt uncomfortable voting on this item, because it was a request made to the council. She thought the request should be directed to the city administrator, who sets the budget. The council can amend the budget, she noted, but it would be best if the position were included by the administrator and assumed to be filled.

Communications & Commentary

Every meeting includes several opportunities for communications from planning staff and commissioners, as well as two opportunities for public commentary. Here are some highlights from March 4.

Communications & Commentary: Library Lane

Diane Giannola announced that she and Bonnie Bona would be bringing a resolution forward at the March 18 meeting related to the Library Lane site on South Fifth Avenue. At recent city council meetings, she noted, there’s been discussion about potentially selling the air rights above the Library Lane underground parking structure to a developer. So the resolution would describe the kinds of uses that the planning commission would like to see on that site, she said. Giannola likened it to a similar resolution that the planning commission passed prior to the sale of the former Y lot. [See Chronicle coverage: "Planning Group Advises Council on Y Lot."]

Sabra Briere, who also serves on city council, said she looked forward to reading the resolution, but she was concerned because the issue of the Library Lane site would likely be on the city council’s March 17 agenda. The next planning commission meeting is the following day, March 18.

Briere said that her understanding of councilmember Stephen Kunselman’s proposal is to direct the city administrator to hire a broker, and to go through the process that was done to put the former Y lot on the market. The goal of Kunselman’s resolution would be to set in motion a process to sell the air rights to the site, she said, which would allow a developer to build on it.

Giannola said that the timing would still work, because the planning commission’s resolution would be sent to council prior to any proposals for that site from developers.

Communications & Commentary: Public Commentary

Two students from Skyline High School, who are part of the school’s communication, media and public policy magnet, spoke during the first opportunity for public commentary, as part of a class assignment. They were accompanied by a third student, who did not address the commission.

Kirk Westphal and Bonnie Bona of the Ann Arbor planning commission talk to a Skyline High School student about the procedures for public commentary.

Tina Lee, a senior at Skyline, told commissioners that she’s been working with Eli Cooper, the city’s transportation program manager, on the Walk, Bike, Drive initiative. The program is designed to educate the public and make Ann Arbor more transit-oriented, bike friendly and pedestrian friendly, Lee said.

Jeremiah Clark continued the commentary, saying they’ve been working with Cooper on this program because each year, road-related deaths are increasing. According to the Centers for Disease Control, he said, road injuries account for 1.3 million deaths – or 2.3% of deaths nationwide. These incidents can be prevented if everyone follows the driving, walking, biking guidelines, he said.

Lee spoke again, noting that Ann Arbor spends $10,000 annually on the Safe Streets and Sidewalks (A2S3) campaign. It includes ads on buses, a website, vehicle stickers, media alerts and public events, she said. Even though Ann Arbor is ranked as the third-safest town in the country for pedestrians, Lee said, it’s still a problem. She urged residents to be patient, cautious and responsible “for not only ourselves, but everyone on the road. Let’s all make Ann Arbor a more walk-friendly, bike-friendly and transit-oriented city.”

Communications & Commentary: Ordinance Revisions Committee

Bonnie Bona gave a report from the planning commission’s ordinance revisions committee (ORC), which met immediately prior to the commission’s regular meeting on March 4. The focus of their work was on developing ordinance language for the downtown zoning recommendations. [See Chronicle coverage: "Council Moves on Downtown Zoning Revisions."] The first ordinance revisions that will be coming to the planning commission relate to rezoning the property at 425 S. Main – the southeast corner of Main and William. [The recommendation was to downzone the property from D1 to D2, and to establish a maximum height of 60 feet for D2 zoning in the Main Street Character District.] “We’ll keep chipping away at those recommendations, but that one was the first,” she said.

The ORC is also working on a revised version of an ordinance that regulates drive-thrus, Bona reported. It had originally been drafted in 2007, she said.

Communications & Commentary: DDA

Ken Clein, who represents the planning commission on the partnerships committee of the Ann Arbor Downtown Development Authority, reported that the DDA is kicking off its streetscape framework project, and has asked that someone on the planning commission be part of that effort. [The DDA board authorized a $200,000 contract for development of a streetscape framework plan at its Nov. 6, 2013 meeting.] Clein said that cities like San Francisco and Portland, Ore., have been successful with similar projects.

Communications & Commentary: City Commissions

Kirk Westphal, the planning commission’s chair, reported that he and Ken Clein recently met with representatives from the energy, environmental and park advisory commissions to give updates on what each of those commissions is doing, and how the work plans for these commissions relate to the city’s sustainability framework. There was interest in the planning commission’s work related to revising the downtown development premiums, he said. “That seems to be one that ties together all the commissions, and I’m sure there will be a public process around that.”

Other topics discussed at that joint meeting included a community solar project and neighborhood mini-grants, Westphal said.

Present: Bonnie Bona, Sabra Briere, Ken Clein, Diane Giannola, Paras Parekh, Kirk Westphal. Also: City planner Jeff Kahan.

Absent: Eleanore Adenekan, Jeremy Peters, Wendy Woods.

Next meeting: Tuesday, March 18, 2014 at 7 p.m. in the second floor council chambers at city hall, 301 E. Huron St., Ann Arbor. [Check Chronicle event listings to confirm date]

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Aerial view of Concordia University campus, south of Geddes Road and west of US-23.

In a separate vote, planning commissioners granted a special exception use for the project. That’s required because the private university is located on a site zoned R1B (single-family residential district).

The site plan requires city council approval, but the special exception use does not.

The proposal call for a three-story, 34,391-square-foot addition to the current 22,021-square-foot gym that’s located on the west side of Concordia’s main campus. [.pdf of campus map] The addition will include men’s and women’s locker rooms, athletic office space, classrooms and an auxiliary gym. A second phase of the project entails constructing a single-story, 5,280-square-foot athletic training room.

The site plan is for a planned project, which allows variations in height and placement. The proposed addition would be 39 feet high – eight feet higher than the site’s zoning limit of 30 feet. The existing gym is about 33 feet high, measured at the midpoint of the roof.

Concordia is located in Ward 2. A letter from the university stated that a citizens participation meeting for the project was held on Dec. 10, 2013. The only resident who attended was Ward 2 councilmember Jane Lumm, who had no concerns about the project, according to the letter.

At the March 4 planning commission meeting, Curt Gielow – Concordia University Ann Arbor’s campus chief executive – spoke to commissioners during the project’s public hearing. He noted that the university had been struggling and was near bankruptcy before being absorbed by Concordia University Wisconsin last year. There are about 700 students now, but that enrollment needs to double in order for the university to be financially sustainable, Gielow said. So plans are in place to invest between $10 million to $20 million in the coming years on a variety of improvements.

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