The Ann Arbor Chronicle » Delta Gamma

Delta Gamma Project Gets Final Approval

Chronicle Staff — Tue, 03 Jun 2014 04:48:43 +0000

Final approval of a rezoning request for 515 Oxford – to convert a house for use as an annex to the Delta Gamma sorority – has been given by the Ann Arbor city council. The main sorority house is located nearby at 626 Oxford. Action came at the council’s June 2, 2014 meeting. At the same meeting, the council approved the site plan for the same project. The site plan had been recommended for approval by planning commissioners on April 15, 2014.

Aerial view showing the location of 515 Oxford, south of Geddes and at the eastern end of South University.

The rezoning, recommended by the planning commission on Jan. 23, 2014, changed the zoning from R4A (multi-family dwelling) to R2B (two-family dwelling and student housing). Most of the surrounding parcels are zoned R2B, although the site immediately to the north is also zoned R4A. Also nearby is public land (PL) where the University of Michigan’s Oxford Houses complex is located.

The renovation will accommodate a maximum of 20 residents, including a required resident manager.

The building is notable because it was originally designed in 1940 by architect George Brigham, who used it as his home and architectural studio. He designed over 40 houses in Ann Arbor, including many in Arbor Hills and Barton Hills between 1936 and 1958.

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

June 2, 2014: Council Live Updates

Dave Askins — Mon, 02 Jun 2014 20:13:16 +0000

Editor’s note: This “Live Updates” coverage of the Ann Arbor city council’s June 2, 2014 meeting includes all the material from an earlier preview article published last week. The intent is to facilitate easier navigation from the live updates section to background material already in this file.

The council’s first meeting after adopting the budget for fiscal year 2015 – which was approved on May 19, 2014 – features a housekeeping adjustment for the current year’s budget, so that expenditures don’t exceed allocations.

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

But the June 2 meeting agenda is dominated by items related to the physical attributes and layout of the city. Several items deal with city-owned physical assets, while several more involve land use and planning.

Possibly one of the more controversial agenda items related to physical infrastructure – and future development in the city – is a contract extension with CDM Smith Inc. for work related to the city’s footing drain disconnection (FDD) program. While the city council suspended the program in certain areas of the city in 2012, it continued in other areas, backed by the city’s ordinance under which the city can require residents to disconnect their footing drains from the sanitary sewer system.

Also not suspended was the city’s developer offset mitigation program, which requires developers to offset the increased flow from new construction into the sanitary sewer system. The vote on the CDM Smith Inc. contract extension was postponed from the council’s May 5 meeting. The dollar amount of the contract extension has been substantially reduced in the meantime – from about $750,000 to $143,000.

Part of the backdrop of the CDM Smith contract extension is a lawsuit that’s been filed against the city, challenging the legal foundation of the footing drain disconnect ordinance. The city sought to remove the case from state court to the federal system, but at a hearing on the matter this week, a federal judge indicated he’d be remanding the case back to the Washtenaw County 22nd circuit court.

City assets on the June 2 agenda include trees – as the council will be asked to approve the city’s urban and community forest management plan. The council will also consider a resolution on the city’s possibly most recognizable asset – the city hall building. The resolution would remove a $4 million renovation of city hall (a “reskinning”) from the city’s capital improvements plan for 2017 and 2018. This resolution was postponed from the council’s May 19 meeting.

Another city-owned asset on the agenda is the Library Lane underground parking garage. The council has already directed the city administrator to engage a real estate broker to test the market for the development rights for the surface of the garage. The resolution on the June 2 agenda, which was postponed at the council’s April 7 meeting, would set a policy to deposit 50% of the net proceeds from the sale of the development rights into the city’s affordable housing trust fund.

Land use and planning items on the June 2 agenda include a roughly $300,000 contract for study of the State Street transportation corridor. Related to transportation infrastructure, the council will also be asked to approve resolutions that move along the process of special assessing property owners on Stone School Road for the cost of installing a sidewalk on the west side of the road in connection with a road reconstruction project.

Also related to land use, three Ann Arbor housing commission properties will be given initial consideration for rezoning. A site plan and associated rezoning for the Delta Gamma house will be given final consideration. Also up for final consideration is a revision to the ordinance regulating drive-thrus. Councilmembers will also consider the site plan for a new Ruth’s Chris restaurant to be located downtown on South Fourth Avenue.

A rate increase for Ann Arbor water, sewer and stormwater rates is on the June 2 agenda for final approval.

Two items connected to parks and recreation appear on the agenda. One is approval of the receipt of funding for a program that helps Bridge cardholders purchase local produce at the farmers market. The second item is approval of a five-year agreement with the Community Action Network to continue operating the city’s Northside and Bryant community centers.

The council will also be considering a resolution in support of the local development finance authority’s application to the Michigan Economic Development Corp. for a possible 15-year extension of the arrangement under which the LDFA captures taxes. The captured taxes are used to fund a business accelerator that’s operated by Ann Arbor SPARK through a contract with the LDFA. Without an extension, the LDFA would end in 2018.

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. at city hall, 301 E. Huron.

Amend Current Year’s Budget

On June 2 the council will consider a resolution amending the current fiscal year’s budget (FY 2014) to ensure that expenditures do not exceed appropriated amounts. The budget amendment will ensure compliance with Public Act 621 of 1978.

The total requested general fund budget amendment is $60,000. For all other funds, the amendment to be considered by the council on June 2 totals $310,000.

The non-general fund amount will cover right-of-way maintenance and purchase of materials that were necessary to deal with the severe winter weather. The general fund amount was the city’s cost for the Ann Arbor Area Transportation Authority’s special election held on May 6. That amount will eventually be reimbursed by Washtenaw County – which in turn will receive reimbursement from the AAATA to cover the roughly $100,000 cost of the election.

FDD Program Contract Extension

A contract extension with CDM Smith Inc. for continued work as part of Ann Arbor’s footing drain disconnection (FDD) program appears on the June 2 agenda. It had been postponed at the council’s May 5, 2014 meeting.

No longer a part of the scope of work in the revised June 2 resolution are the FDD citizens advisory committee meetings, information management, or the multi-family FDD implementation. The revised memo describes how the funding would only provide a bridge until recommendations from a study group have been received, which will determine the future of the FDD program:

This amendment would provide the services needed to bridge the gap until the SSWWE [Sanitary Sewer Wet Weather Evaluation] Project recommendations have been made. Presently, the anticipated timeline for completion of the SSWWE Project is in the autumn of 2014. That does not allow sufficient time to issue a new RFP, collect and review proposals, award a contract, and bring a new consultant up to speed to manage the remaining FDD and DOM work outlined above. Existing City staff does not currently have the available resources or expertise to perform the inspections required for the DOM program.

By way of additional background, in 2012 the city’s program to disconnect footing drains from the sanitary sewer system was suspended by the council in some areas of the city. Specifically, it was suspended in the Glen Leven and Morehead (Lansdowne neighborhood) areas. The program was allowed to continue in other geographic areas and as part of the city’s developer offset mitigation (DOM) program. The DOM requires owners of new developments to complete a certain number of FDDs to offset the additional flow in the sanitary system caused by new construction.

The CDM contract drew scrutiny at the May 5 meeting because the city is currently undertaking a sanitary sewer wet weather evaluation (SSWWE) study. It’s supposed to yield a recommendation about whether to continue with the FDD program, and if so, in what form. In addition, the city’s ordinance – which requires property owners to undertake FDDs – was challenged in a lawsuit filed earlier this year. That case is pending as the city first removed the case from state to federal court. But the result of a May 28 hearing before a federal judge will be to return the case to the Washtenaw County 22nd circuit court.

The previous three iterations of the CDM contract totaled about $3.6 million. The money for these contracts is drawn from the city’s sewer fund.

The proposed contract extension drew criticism during public commentary on May 5 from Frank Burdick, a Ward 4 resident who urged the council to reject it. Council deliberations on this item were included as part of The Chronicle’s live updates from the May 5 meeting.

Since the FDD program’s start in 2001, about 1,834 footing drains have been disconnected through the city program and 848 footing drains have been disconnected through the developer offset mitigation program.

Animation of contrast between the pre-FDD configuration and the post-FDD configuration. (Original illustration from screenshots of YouTube video by Milwaukee Metropolitan Sewerage District, modified by The Chronicle.)

Urban Forest

The city’s first comprehensive plan for managing Ann Arbor’s urban forest will be considered at the council’s June 2 meeting. The Ann Arbor park advisory commission recommended adoption of the plan at its meeting on April 15, 2014. [.pdf of Urban & Community Forest Management Plan]

An urban forest is defined as all the trees, shrubs and woody vegetation growing along city streets, in public parks and on institutional and private property. In Ann Arbor, about 25% is on public property, with 75% on private property. Based on a U.S. Dept. of Agriculture Forest Service i-Tree Eco Analysis done in 2012, Ann Arbor’s urban forest has an estimated 1.45 million trees. It creates a 33% tree canopy – the layer of leaves, branches and stems of trees that cover the ground when viewed from above.

The city manages 43,240 street trees and about 6,900 park trees in mowed areas. A tree inventory conducted in 2009 didn’t include natural areas, she noted, so there are thousands of trees that aren’t counted. The urban forest includes over 200 species, representing 82 genera.

Map of selected tree variety by The Chronicle from city of Ann Arbor 2009 survey. Image links to dynamic map hosted on geocommons.com

PAC had been briefed on the 135-page Urban & Community Forest Management Plan at its Feb. 25, 2014 meeting by Kerry Gray, the city’s urban forest & natural resources planning coordinator. The management plan includes 17 recommendations, listed in priority based on community feedback for implementation. Each of the 17 recommendations includes action tasks and implementation ideas, case studies, and resources that are needed, including funding. The recommendations are:

Implement proactive tree maintenance program.
Strengthen tree planting and young tree maintenance programs.
Monitor threats to the urban and community forest.
Increase landmark/special tree protections.
Secure adequate city‐funding for urban forestry core services.
Develop street tree master plans.
Pursue grant and philanthropic funding opportunities.
Strengthen forestry related ordinances.
Update tree inventory and canopy analysis.
Develop urban forest best management practices.
Increase urban forestry volunteerism.
Strengthen relationships with outside entities who impact trees.
Implement community outreach program.
Obtain the best use of wood from removed trees.
Create city staff working groups to coordinate projects that impact trees.
Engage the city’s Environmental Commission in urban and community forestry issues.
Review the urban forest management plan periodically and update as needed.

The city council has adopted a budget for FY 2015, which starts July 1, 2014 that includes a one-time expenditure of $1 million to address the backlog in maintenance of trees in the public right of way.

Included in the focus of the effort to remove the backlog are trees classified as Priority 1 removals (red dots), Priority 2 removals (yellow dots), Priority 3 removals (blue dots) for large trees and Priority 1 prunings (green dots). [Map by The Chronicle with data from the city of Ann Arbor.]:

City Hall Reskinning

At its June 2 meeting, the council will consider a proposal to recommend to the planning commission that the capital improvements plan (CIP) for FY 2017 and FY 2018 be revised to remove the $4.4 million that is included for a city hall reskinning project. The planning commission is the body that approves the CIP. But the council has budgetary discretion to fund projects in the CIP or not – so the resolution in some sense calls on the planning commission to take an action it does not have the authority to execute. This was a point made during deliberations at the council’s May 19, 2014 meeting when the item was postponed.

According to a staff memo written in response to a councilmember question, reskinning of the Larcom City Hall building would mean replacing the existing exterior walls and windows of the building. The result would be new squared-off exterior, eliminating the inverted pyramid design. The new exterior would hang vertically from the sixth floor.

The focus of the project is on improving energy efficiency. The memo describes existing windows as mostly single-pane glass on aluminum frames, which offer little insulation value. The project would also result in an incremental gain in square footage – because the lower floors would have the same footprint as the sixth floor, which is currently the largest floor of the building. The materials used for the exterior would “blend better” with the recently constructed Justice Center, which adjoins city hall.

Library Lot Sale Proceeds

On June 2 the city council will consider a resolution setting a policy for distribution of the proceeds from the sale of development rights on the Library Lot. The proposed policy would set aside 50% of the net proceeds to the city’s affordable housing trust fund.

The council has already directed the city administrator to hire a real estate broker to explore selling the rights to develop the site – above the Library Lane underground parking structure, which was completed in 2012.

The item was postponed at the council’s April 7, 2014 meeting. The vote was 6-5 to postpone, with dissent from Sabra Briere (Ward 1), Christopher Taylor (Ward 3), Margie Teall (Ward 4), Chuck Warpehoski (Ward 5), and mayor John Hieftje.

State Street Transportation Corridor Study

The June 2 agenda includes a resolution for a $299,911 contract with Parsons Brinckerhoff Michigan Inc. to conduct a study of the South State Street transportation corridor. The 1.3 mile long area of the study extends from the intersection of Ellsworth Road and South State Street north to the intersection of Oakbrook Drive and South State Street. The money to pay for the study will be drawn in equal parts from the current fiscal year and next year’s general capital fund budget. The study will take a year, starting in June 2014.

The goal of the study is focused on transportation needs in the corridor and to provide base conceptual engineering plans for the redesign of the corridor – possibly including a boulevard “Complete Street” design. The redesign would be intended to “address all modes of travel; enhance vehicle flow; improve safety; create an aesthetically pleasing entrance to the City; and, utilize sustainable concepts such as low impact design (‘LID’), and low energy use lighting.”

The study of the area as a transportation corridor comes not long after a recently completed South State Street corridor plan, adopted by the city council into the city’s master plan at its July 15, 2014 meeting. That corridor plan established planning objectives for the land use along the corridor.

Besides Parsons Brinckerhoff, the other bidder for the work was DLZ.

Stone School Road Sidewalk Special Assessment

As part of a road reconstruction project for Stone School Road, the city is planning to install a sidewalk on the west side of the road. To fund the sidewalk construction, part of the cost will come from a special assessment of property owners. The extent of the project on Stone School Road runs from I-94 to Ellsworth Road. Construction is planned for the project during the 2014 and 2015 construction seasons.

The project is being funded in part through a federal surface transportation grant, which can pay about 80% of construction costs, but not engineering, testing or inspection costs. The total project cost is roughly $128,500, of which about $55,000 will be special assessed.

The council will be asked to approve a resolution directing the city assessor to set the roll of properties to be assessed.

Rezoning: Housing Commission Properties

At its June 2 meeting, the city council will consider giving initial approval to the rezoning of three Ann Arbor Housing Commission properties. The planning commission had recommended the rezoning at its May 6, 2014 meeting. The current PL (public land) zoning for some of the properties is a vestige of the AAHC properties’ status as city-owned land. The city council approved the transfer of deeds to the AAHC at its June 2, 2013 meeting. The three sites to be considered on June 2 are part of the housing commission’s major initiative to upgrade the city’s public housing units by seeking private investors through low-income housing tax credits.

Rezoning is recommended for the following public housing sites, two of which are currently zoned as public land:

Baker Commons: Rezone public land to D2 (downtown interface). The 0.94-acre lot is located at 106 Packard Street, at the intersection with South Main, in Ward 5. It includes a 64-unit apartment building.
Green/Baxter Court Apartments: Rezone public land to R4A (multi-family dwelling district). The 2-acre site is located at 1701-1747 Green Road and contains 23 apartments in four buildings and a community center. It’s in Ward 2.
Maple Meadows: Currently zoned R1C (single-family dwelling district), the recommendation is to rezone it as R4B (multi-family dwelling district). The site is 3.4 acres at 800-890 South Maple Road and contains 29 apartments in five buildings and a community center. It’s located in Ward 5.

At the planning commission’s May 6 meeting, AAHC director Jennifer Hall explained that PL zoning doesn’t allow housing to be built on it. As AAHC seeks private funding to rehab its properties, it needs to ensure if a building burns down, for example, it could be rebuilt. In general that’s why the rezoning is being requested. It’s also being requested to align the zoning with the current uses of the property. She stressed that the highest priority properties to be rezoned are Baker Commons, Green/Baxter and Maple Meadows, because investors have already been found to renovate those sites.

For these three sites, planning commissioners also voted to waive the area plan requirements for the AAHC rezoning petitions, because no new construction is proposed and surveys of the improvements have been provided.

For additional background on the AAHC process of renovating its properties, see Chronicle coverage: “Public Housing Conversion Takes Next Step.”

Delta Gamma Site Plan, Rezoning

The city council will be asked on June 2 to give final approval of a rezoning request for 515 Oxford, to convert a house for use as an annex to the Delta Gamma sorority. The main sorority house is located nearby at 626 Oxford. The council gave initial approval to the rezoning at its May 5, 2014 meeting. Also on the June 2 agenda is consideration of the site plan approval for the same project. The site plan was recommended for approval by planning commissioners on April 15, 2014.

Aerial view showing the location of 515 Oxford, south of Geddes and at the eastern end of South University.

The rezoning request, recommended by the planning commission on Jan. 23, 2014, is to rezone the parcel from R4A (multi-family dwelling) to R2B (two-family dwelling and student housing). Most of the surrounding parcels are zoned R2B, although the site immediately to the north is also zoned R4A. Also nearby is public land (PL) where the University of Michigan’s Oxford Houses complex is located.

The proposal for a renovation would accommodate a maximum of 20 residents, including a required resident manager.

Drive-Thru Ordinance: Final Approval

On the city council’s June 2 agenda is final approval of amendments to Ann Arbor’s zoning ordinance related to drive-thrus. Initial approval came at the council’s May 5 meeting. The amendments would add a definition of a “drive-thru facility” to Chapter 55 of the city code. Currently, the term used throughout the code is “drive-in,” which is not explicitly defined in the code.

The proposed revisions define a drive-thru in this way: “Any building or structure, or portion thereof, that is constructed or operated for the purpose of providing goods or services to customers who remain in their vehicle during the course of the transaction.” The revisions also clarify that a drive-thru is an accessory use, not the principle use of the building. A project in which a drive-thru would be the principle use would not be allowed. Basic layout requirements would also be added to the ordinance.

In addition, the changes would require drive-thrus to obtain special exception use permits, which would be allowed only in the O (office), C2B (business service) and C3 (fringe commercial) zoning districts. Drive-thrus would not be allowed in the C1, D1, D2, and other commercial districts.

Currently, drive-thrus are allowed in C3 districts without a special exception use. They are allowed as special exception uses in the C2B district.

When considering whether to grant a special exception use – which does not require additional city council approval – the planning commission considers these issues:

1. Is the location, size and character of the proposed use compatible with the principal uses of the district and adjacent districts? Is it consistent with the Master Plan? Is it consistent with the surrounding area? Will it have any detrimental effects to the use or value of surrounding area, or the natural environment?

2. Is the location, size, character, layout, access and traffic generated by the use hazardous or inconvenient or conflicting with the normal traffic of the neighborhood? Is off-street parking safe for pedestrians? Do the necessary vehicular turning movements block normal traffic flow? Are any additional public services or facilities needed by the use, and will they be detrimental to the community?

3. Is the maximum density and minimum required open space at least equal to the standards normally required by the Zoning Ordinance for the district?

The planning commission recommended the changes at its April 1, 2014 meeting.

The proposed amendments were first reviewed by the commission’s ordinance revisions committee in 2007, but never moved forward to the full commission for consideration. The ORC most recently reviewed these changes in March of 2014. [.pdf of staff memo and proposed amendments]

Ruth’s Chris Site Plan

The site plan for a new Ruth’s Chris Steak House on Fourth Avenue in downtown Ann Arbor is on the June 2 agenda for consideration. The planning commission recommended approval at its April 1, 2014 meeting.

Proposed facade of Ruth’s Chris Steak House at 314 S. Fourth Ave.

The site plan calls for renovating the single-story building at 314 S. Fourth Ave. and putting up a 1,943-square-foot second-floor mezzanine addition over the front part of the existing building. The current structure is 8,024 square feet, and most recently housed the Dream Nite Club, which closed in 2012. The project is estimated to cost $2.2 million. [.pdf of staff report on Ruth's Chris site plan]

Part of the planning commission’s discussion focused on whether there might be outdoor dining in front of the restaurant. The project’s architect indicated that at this point, outdoor seating wouldn’t be appropriate, in part because of bus traffic. The building is located near the Blake Transit Center, a hub for public transportation. The architect also indicated that the restaurant will be using valet parking, with valets positioned in front of the building.

This would be the first Ruth’s Chris Steak House in Ann Arbor. The chain is based in Florida, with locations nationwide.

Utility Rates

The council will consider giving final approval to higher utility rates – for water, sewer and stormwater. Initial approval came at the council’s May 19 meeting.

Water rates will increase across all tiers of consumption. For the first 7 “units” of water, the charge is will increase from $1.35 to $1.40. For the next 21 units, the charge is proposed to increase from $2.85 to $2.96 per unit. And for the 17 units after that, the increase is proposed to be from $4.88 to $5.08. A unit is 100 cubic feet, which is 748 gallons.

Sewer rates will increase from $3.65 to $3.85 per unit. And stormwater fees would increase for all tiers of impervious service. For the middle tier – for more than 2,187 square feet but less than or equal to 4,175 square feet – on a quarterly basis, the increase would be from $24.85 to $26.32.

According to the staff memo accompanying this agenda item, the recommended rate changes in water, sewer, and stormwater would increase revenues to the water, sewer, and stormwater funds by $765,119, $1,171,931 and $410,235 respectively. The reason given for the rate increases is to cover maintenance and debt payments, and to maintain funding for capital improvement requirements. The city calculates the impact to be an additional $6.25 per quarter or $24.98 per year for an average consumer, which is a net increase of 4.2%.

Water consumption for a typical single family is assumed at 19 units per quarter.

History of city of Ann Arbor water rates. The city converted to a tiered system 10 years ago in 2004, based on usage. The 2015 amount is proposed.

Grant to Farmers Market for Food Stamp Recipients

At its June 2 meeting, the city council will consider approval of an agreement with the Fair Food Network to continue administering the Double Up Food Bucks program at the Ann Arbor farmer’s market. Approval would entail acceptance of $32,000 in funding.

The Double Up name stems from the fact that it provides a match of up to $20/person/day for people using SNAP (Bridge cards/EBT/food stamps) to purchase Michigan-grown produce at farmers markets in Michigan.

The city of Ann Arbor has received Double Up Food Bucks grant funding since 2010.

Partnership with Community Action Network

A proposal for a five-year partnership with the nonprofit Community Action Network is on the June 2 agenda. The partnership was recommended for approval by the Ann Arbor park advisory commission at its May 20, 2014 meeting.

The agreement would be for CAN to continue operating the city’s Bryant and Northside community centers, which the nonprofit has been managing since 2008. The proposed amount is not to exceed $130,000 annually – an increase of $25,000 from the current agreement. The higher amount is included in the FY 2015 general fund budget for parks and recreation that the city council approved on May 19. According to a staff memo, the higher amount will address increases in fixed costs and “assist in retaining quality staff that is at the core of the services that CAN provides.” [.pdf of staff memo]

The staff memo also noted that a request for proposals (RFP) was not issued for this work, because CAN has been the sole respondent to the previous two RFPs and the city is satisfied with its work.

During the May 20 PAC meeting, CAN received praise for their work from several commissioners and Colin Smith, the city’s parks and recreation manager. CAN executive director Joan Doughty and deputy director Derrick Miller were on hand to answer questions. Part of the discussion focused on CAN’s exemption from the city’s living wage requirement, which the city council granted in 2012 for a three-year period through Nov. 8, 2015. Doughty noted that the exemption was sought in part because CAN was paying a living wage to part-time employees who were high school or university students, which limited the nonprofit from paying higher wages to full-time workers. She also pointed out that the city parks and recreation unit isn’t required to pay the living wage to its seasonal workers.

LDFA Extension

On the council’s June 2 agenda is an item that would express city council support of the local development finance authority’s application to the Michigan Economic Development Corp. to extend the life of the tax capture arrangement for up to 15 years. Without an extension, the LDFA would end in 2018.

Ann Arbor’s local development finance authority is funded through a tax increment finance (TIF) district, as a “certified technology park” described under Act 281 of 1986. The Michigan Economic Development Corp. (MEDC) solicited proposals for that designation back in 2000. The Ann Arbor/Ypsilanti “technology park” is one of 11 across the state of Michigan, which are branded by the MEDC as “SmartZones.”

The geography of the LDFA’s TIF district – in which taxes are captured from another taxing jurisdiction – is the union of the TIF districts for the Ann Arbor and the Ypsilanti downtown development authorities (DDAs). It’s worth noting that the Ypsilanti portion of the LDFA’s TIF district does not generate any actual tax capture.

The LDFA captures Ann Arbor Public Schools (AAPS) operating millage, but those captured taxes don’t diminish the school’s budget. That’s because in Michigan, local schools levy a millage, but the proceeds are not used directly by local districts. Rather, proceeds are first forwarded to the state of Michigan’s School Aid Fund, for redistribution among school districts statewide. That redistribution is based on a per-pupil formula as determined on a specified “count day.” And the state reimburses the School Aid Fund for the taxes captured by SmartZones throughout the state.

In FY 2013, the total amount captured by the LDFA was $1,546,577, and the current fiscal year forecast is for $2,017,835. About the same amount is forecast for FY 2015.

The extension of the LDFA is made possible by Public Act 290 of 2012, which amended the Local Development Financing Act to allow a SmartZone to capture school taxes for an additional five years or an additional 15 years. The staff memo accompanying the resolution describes the five-year extension as possible “upon approval of the MEDC President and the State Treasurer, if the Ann Arbor/Ypsilanti SmartZone LDFA agrees to additional reporting requirements and the LDFA requests, and the city councils of Ann Arbor and Ypsilanti approve, the amendment of the LDFA tax increment financing (TIF) plan to include regional collaboration.”

A 15-year extension is possible, according to the memo, “if, in addition to the above requirements, Ann Arbor and Ypsilanti, as the municipalities that created the SmartZone, enter into an agreement with another LDFA [a "Satellite SmartZone"] that did not contain a certified technology park to designate a distinct geographic area, as allowed under Section 12b of the Act…”

The council’s resolution states that if the MEDC approves the extension, the city of Ann Arbor will work with the LDFA and the city of Ypsilanti to identify another LDFA – called the “Satellite SmartZone LDFA.” The arrangement will allow the Satellite SmartZone LDFA to capture local taxes in its own distinct geographic area for the maximum 15 years allowed by statute.

Responding to an emailed query from The Chronicle, Sally Petersen (Ward 2) – who sponsored the resolution on the agenda and serves as the council appointee to the LDFA board– wrote that possibilities for an LDFA satellite for Ann Arbor’s SmartZone include Adrian (Adrian College) or Brighton and Livingston County (with Cleary University).

4:07 p.m. The public speaking line-up for reserved speaking slots is now available on the agenda. Four people are signed up to talk about the policy for distributing proceeds from the sale of the development rights to the Library Lane site: Amanda Carlisle, Jean Carlberg, Jim Mogensen, and Seth Best.

Two people are signed up to talk about the routine adjustment to the city’s budget for the current fiscal year: Thomas Partridge and Jeff Hayner. Two people are signed up to talk about the resolution supporting the LDFA application for a 15-year extension: David Jsa and Gregg Hammerman.

Signed up to talk about the footing drain disconnection contract with CDM Smith is Frank Burdick. And Henry Herskovitz is signed up to talk about Israel’s attack on the USS Liberty in 1967. Signed up as an alternate speaker on the topic of engine powered heating is Kermit Schlansker.

5:08 p.m. Staff responses to councilmember questions about agenda items are now available: [.pdf of staff responses]

6:33 p.m. Council chambers are set up with the dividers already moved back to create more room and about 40 additional folding chairs are set up. The item involving the policy on the proceeds from the sale of development rights for the Library Lane lot is expected to draw a large number of people. About a dozen people have already arrived.

6:42 p.m. Jack Eaton (Ward 4) is the first councilmember to arrive. Two dozen people now in the audience in support of affordable housing. They include former councilmember and planning commissioner Jean Carlberg, who has signed up to speak during public commentary. Round yellow sticker read “Homes for the Homeless Now!”

6:49 p.m. Sally Petersen (Ward 2) has arrived. She’s talking to people in the audience, which now numbers about 40 people.

6:53 p.m. Jane Lumm (Ward 2) has arrived. She’s chatting with Paul Fulton of the city’s IT services staff.

6:54 p.m. Mayor John Hieftje has arrived. He’s chatting with Jack Eaton. City attorney Stephen Postema is here.

6:54 p.m. Jim Mogensen has arrived. He’s signed up to speak tonight on affordable housing.

6:54 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.

7:01 p.m. Remaining councilmembers are starting to filter in. Stephen Kunselman (Ward 3) is here. Chuck Warpehoski (Ward 5), Sabra Briere (Ward 1) and Sumi Kailasapathy (Ward 1) have also arrived.

7:02 p.m. City administrator Steve Powers is here, along with the city clerk, Jackie Beaudry.

7:06 p.m. Not yet here are Mike Anglin (Ward 5) and Christopher Taylor (Ward 3).

7:06 p.m. Ann Arbor SPARK CEO Paul Krutko has arrived. He’s talking to John Hieftje.

7:09 p.m. Call to order, moment of silence, pledge of allegiance. We’re off.

7:10 p.m. Roll call of the council. Taylor, Anglin and Margie Teall (Ward 4) are absent.

7:10 p.m. Hieftje reports that Teall and Taylor will likely be along later. Anglin, however, is sick.

7:12 p.m. Approval of the agenda Eaton moves the closed session to just before DS-1 – that’s the footing drain disconnection contract with CDM Smith.

7:12 p.m. The council has approved the evening’s agenda.

7:12 p.m. Communications from the city administrator.

7:13 p.m. City administrator Steve Powers is ticking through some upcoming events, including his favorite – Red Fish, Blue Fish, which teaches kids how to fish. It’s on June 8 from 9:30 to 11 a.m. at the Gallup Park livery.

7:13 p.m. Hieftje says Petersen represented the city well in the half-marathon of the Dexter-Ann Arbor Run that was held on Sunday, June 1. [She ran a sub-2-hour race.]

7:13 p.m. Proclamation honoring the University of Michigan International Center as volunteer of the month. The proclamation honors students, scholars and families affiliated with the center who have volunteered their service in city parks.

7:16 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.]

Four people are signed up to talk about the policy for distribution of proceeds from the sale of the development rights to the Library Lane lot: Amanda Carlisle, Jean Carlberg, Jim Mogensen, and Seth Best.

7:19 p.m. Amanda Carlisle is executive director of the Washtenaw Housing Alliance. That’s a coalition of more than 30 organizations working to end homelessness, she says. She invites people to stand if they’re here to support affordable housing. [Just about everyone in the center section and the additional chairs set up is standing is support.]

Carlisle says she visited people living under bridges last week, not a mile away from where she’s standing – and they need housing, she says. We can’t rely on state and federal funding, she says, so we need to find local solutions. She’s calling for support of DC-1, a resolution that would allocate 50% of the proceeds from the sale of development rights for the Library Lane lot to the city’s affordable housing trust fund.

7:22 p.m. David Jsa is a web developer and chief technology officer at Seelio. About 2.5 years ago, that company was invited into SPARK’s incubator – a company of four people. They were barely going to make it, he said. But they’ve now grown to a company of 15 employees. So they’ve moved into a larger office space. They’re indebted to the LDFA SmartZone and SPARK for helping the business grow. He says they expect to add around another 20 people. They love Ann Arbor and love to tell stories about how great a place Ann Arbor is to start up a company. He refers to people to the services his company received from the LDFA. He supports the extension of the term for the LDFA SmartZone.

7:25 p.m. Jean Carlberg is a former city councilmember and former city planning commissioner. She says she’s been working on affordable housing and housing for the homeless for 30 years. It’s not often you get a chance to put a “pile of money” to put into the affordable housing trust fund, she says. Affordable housing is at best a break-even proposition, she says. There are over 4,000 who need assistance in one year, she says. Councilmembers have all said they think that affordable housing is critical to the community, she notes. Carlberg urges the council to take the step of putting the proceeds from the Library Lane development rights into the affordable housing trust fund. She calls it a rare opportunity. Their actions should match their values and the values of the community, she says.

7:28 p.m. Jim Mogensen is speaking on the Library Lane resolution. He’s speaking for Religious Action for Affordable Housing. Back in the 1990s, one of the subgroups was looking for additional funds. That’s why RAAH was set up, he explains. They’ve raised about a half-million dollars, he says. Mogensen notes that it sounds like a lot of money, but it’s not. They compete with Habitat for Humanity and other organizations, so it’s difficult to raise money, he says. It’s important to have a trust fund available when projects happen, he says. For every complex problem there’s a simple solution – and it’s wrong, he quips. Putting all the affordable housing in Ypsilanti is one such “simple” solution, he says.

7:31 p.m. Seth Best apologizes for his attire. At the house on Stone School Road, they’ve been doing some renovating work, and he didn’t have a chance to change. He’s speaking in support of the Library Lane lot resolution. For every 100 people who are searching for affordable housing in the U.S., there are 30 homes available, he says. Affordable housing takes time, he says. He suggests that some of the money should support a community center or a warming center: Where do people go tonight? he asks. It’s national LGBT month, he says – and if you send people down South, that could put people’s lives in danger.

7:34 p.m. Frank Burdick introduces himself as a Ward 4 resident. He’s encouraging the council to vote no on the contract extension for CDM Smith for footing drain disconnection work. He says the city council has for the last 13 years listened only to the city staff and the city attorney, but not their constituents. He tells the council they have “married” the consultant, CDM. He talks about unhappy and anxious citizens who have failing sump pumps and frozen, improperly installed pipes. The city’s developer offset mitigation (DOM) program should be 100% funded by developers, he says. He contends that the DOM program is in serious legal jeopardy. He suggests that developers should deposit money into an escrow account instead of continuing the DOM program. He challenges mayoral candidates to consider their vote on the resolution.

7:37 p.m. Thomas Partridge introduces himself as a recent candidate for various public offices. He calls on the mayor and council to re-open the city budget to allow for more housing for affordable housing and community development for the most vulnerable residents of the city. Protections under existing city policies are not adequate, he says. He calls for a change in attitude to bring about rules changes so that the public could have greater lobbying access to city hall. He wants public participation periods during the meeting, not just at the start and at the end. He supports the resolution on the Library Land lot sale proceeds, but says that all of the money should go into the trust fund, not just 50%.

7:40 p.m. Gregg Hammerman is cofounder of Larky – a mobile, web-based service that helps people keep track of discounts and perks to which they’re entitled through professional associations, alumni associations, credit cards, health insurance, shopping clubs, community groups, museums and the like. He graduated from UM in 1994 and started his first company then, called Techstreet. At that time, Ann Arbor SPARK didn’t exist, he says. Still, they managed to persevere and Techstreet was finally purchased – and it now has $30 million in revenue and about 25 employees. Now there’s a real start-up culture here in Ann Arbor, which he attributes to LDFA and SPARK. His new company has eight employees, which had been achieved in a two-year cycle, instead of the nine years that his first company required.

7:43 p.m. Jeff Hayner is speaking against voting on the LDFA resolution tonight and encourages the council not to approve it until more information on the efficacy of SPARK’s programs is available. He’s arguing that the SmartZones statewide amount to a geographic transfer of wealth.

7:46 p.m. Henry Herskovitz begins by asking: What if you heard through the news media that fighter jets from South Korea were used to attack a U.S. ship? Our answer would be clear – that the U.S. would not tolerate an attack by an ally. South Korea has not done that, but that’s what happened in 1967 with the USS Liberty when Israel [mistakenly] attacked the ship. U.S. citizens should take it seriously when a foreign government can influence U.S. foreign policy, he says.

7:46 p.m. Christopher Taylor (Ward 3) has now arrived.

7:46 p.m. Communications from the council. This is the first of two slots on the agenda for council communications. It’s a time when councilmembers can report out from boards, commissions and task forces on which they serve. They can also alert their colleagues to proposals they might be bringing forward in the near future.

7:47 p.m. Sally Petersen (Ward 2) says that the topic of the work session on June 9 will be ethics and council rules.

7:49 p.m. Jane Lumm (Ward 2) thanks everyone who has come in to license their dogs. She was here on Friday afternoon and there was a long line at the clerk’s office. Everyone wants to do the right thing, she says.

7:52 p.m. Stephen Kunselman (Ward 3) thanks staff for the repaving of the St. Aubin service drive near Platt Road. He announces he’ll be bringing forth a resolution at a future meeting to tender an offer on 8 acres where the Burton Commons affordable project is proposed. [The idea would be to use open space millage money.] Here’s an animated .gif of the aerial photos of the property: Burton Commons land. He’s arguing for the purchase based on climate change and the adjacency of Sylvan Park to the north. The resolution would direct staff to make an offer to purchase at fair market value.

7:53 p.m. Eaton conveys Anglin’s regrets that he can’t attend.

7:53 p.m. Appointments: Confirmation. Tonight the council is voting on nominations to city boards and commissions made at the council’s May 19 meeting. Larry Eiler was nominated to the Economic Development Corporation, replacing Daniel Blakemore. Andy Baker-White and Amanda Carlisle were nominated to the housing and human services advisory board to fill vacancies.

7:54 p.m. Outcome: The council has unanimously approved all the appointments.

7:54 p.m. Appointments: Nominations. Being nominated tonight for reappointment to the city planning commission are Wendy Woods and Eleanore Adenekan. Being nominated for reappointment to the commission on disability issues are Linda Evans and Larry Keeler. Their appointments will be voted on at the council’s next meeting.

7:54 p.m. Hieftje asks Lumm how many openings still remain on HHSAB. Lumm thinks there are still three vacancies.

7:54 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. Five public hearings are scheduled tonight: PH-1 Ordinance to raise water, sewer, and stormwater rates; PH-2 Ordinance to amend drive-thru facilities and permitted uses; PH-3 Rezoning 515 Oxford (Delta Gamma); PH-4 Site plan for 515 Oxford (Delta Gamma); PH-5 Site plan for Ruth’s Chris.

7:55 p.m. PH-1 Ordinance to raise water, sewer, and stormwater rates.

7:56 p.m. Thomas Partridge asks that rates be revised so that the impact on the most vulnerable residents is ameliorated.

7:57 p.m. Margie Teall (Ward 4) has now arrived.

8:01 p.m. Jeff Hayner says that water rates have gone up every year. He notices it as homeowner, he says. He cites some Sierra Club information that indicates that only three Michigan municipalities operate water services as a utility, including Detroit and Ann Arbor. He questions why the fourth heavy use tier has been dropped – and wonders if it resulted from an effort to accommodate the University of Michigan. He asks the council to please keep Ann Arbor affordable.

8:01 p.m. PH-2 Ordinance to amend drive-thru facilities and permitted uses. No one speaks on this hearing.

8:02 p.m. PH-3 Rezoning 515 Oxford (Delta Gamma).

8:04 p.m. Thomas Partridge says the property needs to be accessible to disabled students.

8:05 p.m. PH-4 Site plan for 515 Oxford (Delta Gamma).

8:05 p.m. No one speaks at this public hearing.

8:06 p.m. PH-5 Site plan for Ruth’s Chris. Steve Fry, who is representing Ruth’s Chris, tells the council that he’s here if there are questions.

8:07 p.m. Thomas Partridge calls on the council to require the restaurant to be truly accessible to those who are disabled and to seniors and those who need to use public transportation. He says there should be menu items that are affordable to those with lower incomes.

8:09 p.m. Approval of minutes. Outcome: The council has approved the minutes of the previous meeting.

8:09 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 …

8:09 p.m. Councilmembers can opt to select out any items for separate consideration. Kunselman pulls out CA-4. It’s a resolution authorizing $28,444 in sanitary sewer and water improvement charges for 3980 Platt Road.

8:09 p.m. Outcome: All items on the consent agenda except for CA-4 have now been approved.

8:10 p.m. CA-4 Authorize sanitary sewer and water improvement charges for 3980 Platt Road. ($28,444). Kunselman says the property has been under construction for some time. If this resolution is approved, he wonders if the builder will be pursuing this more diligently. Craig Hupy, the city’s public services area administrator, says that he won’t comment on the builder’s intent, but this will remove one hurdle.

8:11 p.m. Outcome: All items on the consent agenda have now been approved.

8:11 p.m. B-1 Increase water, sewer, and stormwater rates. The council will consider giving final approval to higher utility rates – for water, sewer and stormwater. Initial approval came at the council’s May 19 meeting.

8:13 p.m. Hieftje says he’s been following this for several years. And the city does a comparison with other communities. He calls the rate increases middle-of-the-pack and appropriate for a city with infrastructure the age of Ann Arbor’s. Hieftje is comparing the issue with roads – that to maintain the infrastructure, it requires money. He says the city’s departments are efficient with their use of money.

8:15 p.m. Kailasapathy asks about the four tiers of the previous approach: Why did the city move from a four-tier system to a three-tier system? Hupy says that those tiers are residential tiers. That was done in response to customers and councilmembers – and that fourth tier hit the large residential users. Powers adds that the commercial rates – including institutional uses – have a different rate structure.

8:16 p.m. Briere notes that years ago, the council used to receive the comparative analysis with other communities and asks that it be provided. Hupy will forward it to councilmembers.

8:17 p.m. Lumm reviews the elimination of the fourth pricing tier – and describes how it affected people who were watering their lawns. She describes the previous rates as involving “ungodly sums.” She notes that the rate increases will translate to $2.3 million in additional revenue. No one wants to increase prices, unless it’s absolutely necessary, and that standard is met, she says.

8:20 p.m. Kunselman asks if it will be possible to slow the rate of increase in future years. Hupy indicates he’s pessimistic that could happen for water rates, given that about half of the drinking water treatment plant might need to be replaced. Hupy expects at a minimum that water rate increases will be similar to what the city is doing for sewer rates.

8:20 p.m. Outcome: The council has voted to give final approval to the increase in water, sewer and stormwater rates.

8:20 p.m. B-2 Ordinance to amend regulations regarding drive-thru facilities and permitted uses. On tonight’s agenda is final approval of amendments to Ann Arbor’s zoning ordinance related to drive-thrus. Initial approval came at the council’s May 5 meeting. The amendments would add a definition of a “drive-thru facility” to Chapter 55 of the city code. Currently, the term used throughout the code is “drive-in,” which is not explicitly defined in the code. [For additional background, see Drive-Thru Ordinance: Final Approval above.]

8:23 p.m. Eaton asks planning manager Wendy Rampson how this change differs from the standard the city has in the code now. Rampson describes how the new standard makes it clear that all drive-thrus are subject to planning commission review for special exception use. And windows can’t face the right-of-way, she says. Eaton ventures that this means that planning commission and the council have discretion to grant the special exception use. Rampson notes that he’s correct, but adds that the planning commission has purview on the special exception use. Eaton asks what the standards are for exercise of that discretion. Rampson points to the relevant section of the code.

8:26 p.m. Eaton raises the specter of a long line of cars extending into a neighborhood. Could anything be done about that? Rampson says that the planning commission has discretion on a case-by-case basis – and the commission could deny the application. Eaton ventures that the denial would not be required. Eaton says it would be easy to write this kind of requirement into the code – to prevent that kind of impact on a neighborhood. He revises “easy” to “plausible.”

8:26 p.m. Warpehoski says he’s glad to see this going through. Changing from by-right to discretionary is a good step, he says.

8:28 p.m. Briere says that she can send councilmembers the section of the ordinance that deals with special exception uses. There’s always the risk of making one size fit all, she says. The language in the ordinance revision is flexible enough that each site can be considered on a case-by-case basis.

8:29 p.m. Eaton says he wants to send this back to the planning commission to write into the ordinance what will happen when a drive-thru window is adjacent to a residential neighborhood.

8:30 p.m. The motion in front of the council is to refer this back to the planning commission. Warpehoski says he doesn’t think this needs to be sent back to the planning commission in order for Eaton’s goal to be realized. He doesn’t want to hold up the effort now.

8:31 p.m. Hieftje says he’s siding with Warpehoski, and wants to see the council pass what is good, instead of holding it up until it is perfect.

8:33 p.m. Briere says if there are concerns about drive-thru windows operating near residential neighborhoods, they should be looked into, but says there are already a lot of protections in the code.

8:34 p.m. Outcome on Eaton’s motion to refer it back to the planning commission: It fails on a 3-7 vote with support only from Eaton, Lumm and Kailasapathy. Anglin is absent.

8:34 p.m. Taylor says he’d also like to see the additional criteria, but adds that the changes in front of the council tonight already move the ball in the right direction.

8:34 p.m. Outcome: The council has voted to give final approval to the revised regulations on drive-thrus.

8:34 p.m. B-3 Rezone 515 Oxford (Delta Gamma). The city council is being asked tonight to give final approval of a rezoning request for 515 Oxford, to convert a house for use as an annex to the Delta Gamma sorority. The main sorority house is located nearby at 626 Oxford. The council gave initial approval to the rezoning at its May 5, 2014 meeting. Later on tonight’s agenda is consideration of the site plan approval for the same project. The site plan was recommended for approval by planning commissioners on April 15, 2014. [For additional background, see Delta Gamma Site Plan, Rezoning above.]

8:36 p.m. Briere says that for many people, this is a landmark building, designed by an architect for his home and studio.

8:36 p.m. Outcome: The council has voted to give final approval to the rezoning required as part of the Delta Gamma project.

8:37 p.m. Recess. We’re in recess.

8:45 p.m. We’re back.

8:45 p.m. C-1 Rezone Green/Baxter (AAHC). At tonight’s meeting, the council will consider giving initial approval to the rezoning of three Ann Arbor Housing Commission properties. The planning commission had recommended the rezoning at its May 6, 2014 meeting. The current PL (public land) zoning for some of the properties is a vestige of the AAHC properties’ status as city-owned land.

The three sites to be considered are part of the housing commission’s major initiative to upgrade the city’s public housing units by seeking private investors through low-income housing tax credits. [For additional background, see Rezoning: Housing Commission Properties above.] First up is the AAHC property at Green/Baxter Court Apartments from PL (public land) to R4A (multi-family dwelling district). The 2-acre site is located at 1701-1747 Green Road and contains 23 apartments in four buildings and a community center. It’s in Ward 2.

8:46 p.m. Outcome: The council has voted without discussion to give initial approval of the rezoning of the AAHC property at Green/Baxter.

8:46 p.m. C-2 Rezone Baker Commons (AAHC). This would rezone the property from PL (public land) to D2 (downtown interface). The 0.94-acre lot is located at 106 Packard Street, at the intersection with South Main, in Ward 5. It includes a 64-unit apartment building.

8:48 p.m. Kunselman has a question. Rampson comes to the podium. He ventures that Baker Commons would exceed the 60-foot height limit in D2. Rampson says they don’t have an official height of the building, but agrees that it could be taller than 60 feet. She says that this would be a non-conforming structure. AAHC has been notified, and she says it’s not an issue as far as she understands. There’s not really a viable alternative zoning, she says. There was not a planning commission discussion of the possible non-conformance, Rampson tells Kunselman.

8:49 p.m. Outcome: The council has voted to give initial approval to the rezoning of the AAHC property at Baker Commons.

8:49 p.m. C-3 Rezone Maple Meadows (AAHC). This item would rezone the property from R1C (single-family dwelling district) to R4B (multi-family dwelling district). The site is 3.4 acres at 800-890 South Maple Road and contains 29 apartments in five buildings and a community center. It’s located in Ward 5.

8:49 p.m. Outcome: The council has voted to give initial approval to the rezoning of the AAHC property at Maple Meadows.

8:49 p.m. DC-1 Establish policy for distribution of proceeds from sale of Library Lane lot development rights. Tonight the city council will consider a resolution setting a policy for distribution of the proceeds from the sale of development rights on the Library Lane lot. The proposed policy would set aside 50% of the net proceeds to the city’s affordable housing trust fund. [For additional background, see Library Lot Sale Proceeds above.]

8:52 p.m. Hieftje says he wants to talk about some history. Several years ago, Michael Appel of Avalon Housing had come and talked with him about a pot of money that was available from the feds. [Appel was here earlier, but has departed.] That effort by Avalon had led to a partnership with the nonprofit Food Gatherers and the creation of Carrot Way on Dhu Varren Road.

But the funding landscape has changed a lot since then, Hieftje says. He doesn’t think anything can get done without a “pot of money” here locally. The community’s plans were set back during the Great Recession, he says. Now is an opportunity to create that pot of money, he says, but the exact way the money will be spent can be decided later.

8:55 p.m. As one example, Hieftje floats the idea of creating something like a Carrot Way – that could be located on Platt Road, where Washtenaw County’s former juvenile court facility was located. Hieftje says that the number of people in attendance reflects how well the proposal has been received. He ventures that the sale price might be around $8-10 million, which would mean the city’s general fund would receive several million dollars.

8:59 p.m. Kailasapathy says she’s heard from constituents that they’d like to see an “Arrowwood Part II” and calls it a worthy goal. But she says that there needs to be criteria set for the use of the affordable housing trust fund. It’s there to create new capital assets, she says. It’s not for recurring expenses. She wants to protect this fund for capital assets and says it shouldn’t be used as a slush fund.

Kailasapathy also has mixed feelings about the Library Lane lot. She was the one vote in the 10-1 vote on the hiring of a real estate broker to sell the development rights. She says she’ll support this resolution, and she knows millions of dollars are needed and this is just a start. She’d support 100% of a Palio Lot sale going to affordable housing, she says.

9:00 p.m. Petersen agrees with Kailasapathy that this doesn’t end the conversation about the Library Lane lot. She looks forward to the conversation. It’s more than a great cause, she says – it’s one of the council’s budget priorities and supports economic development.

9:05 p.m. Kunselman says it’s nothing more than a “teaser” resolution, as it’s non-binding. The number of $8-10 million is different from the number that Jim Chaconas had given, he notes – it seems inflated. The same people who sponsored this resolution are the same people who voted to bond for a $50 million underground parking structure, he says. “We’ve spent more money housing cars than housing people.” He points toward a June 4, 2007 vote when the council had rescinded a previous affordable housing policy as part of a land sale – because the council needed the money from the sale of the First & Washington property to build the police/courts facility. When the sale is actually done, he’ll support putting that money into affordable housing.

9:06 p.m. Taylor says he’s delighted to be a co-sponsor. He says the resolution is a moral commitment to use the money for an important community need. Local government can’t wave a magic wand to make things affordable, he says.

9:09 p.m. Briere says that after Kunselman brought forward the resolution to sell the development rights, she’s had a conversation with Hieftje about what percentage should go to affordable housing. The council’s budget committee had recommended 10% at a minimum. She cautioned that she didn’t want to see the community benefit of affordable housing used as an argument for a project on the top of the Library Lane lot that might not be a community benefit. She’s recounting the contributions that the council has made to the affordable housing trust fund – including from the former Y lot and from a strip of land associated with that parcel, as well as general fund contributions.

9:11 p.m. Briere asks if it’s political or if it’s good policy – and she concludes it’s not a political circus, saying that it’s an attempt to make good policy.

9:14 p.m. Lumm is concerned about the percentage and the timing of the decision. She’d supported the minimum 10% of the council’s budget committee, she says. This was first brought up on April 7, she says. The 50% amount is not unreasonable, she adds. But she says that the city’s general fund reserves are currently on the low side. She wouldn’t support any more than 50%. Chaconas’ estimate of $6-7 million would go down as chunks were taken away for public space, she says. Lumm is also concerned about other needs the city might have. She ventures that it might make sense to postpone again.

9:14 p.m. Lumm says she could go either way on this.

9:17 p.m. Eaton says this decision is premature. He notes that it’s not clear that the council has decided that the Library Lane lot development rights will be sold. This would put pressure on the council to sell those development rights, and cautions that it would possibly taint a decision to sell those rights. He’s also concerned about a lack of clear criteria for use of money in the affordable housing trust fund. It should be restricted to capital investments, he says. So he resists the idea of accumulating such large sums. He’d expressed those concerns when the council had sold the former Y lot. So he won’t support the resolution, he says.

9:19 p.m. Kunselman said he’d detailed some problems at a previous meeting about the bonding used for the construction of the underground parking garage. [The issue relates to how many spaces can be dedicated to private use.] He wants to know if staff now has an analysis of how many spaces are available for private use. Powers says that some of that information is still being compiled, but notes that some of the issues were addressed in a confidential memo to councilmembers from the city attorney. Powers allows that the answer to the question probably affects how valuable the property is.

9:23 p.m. Warpehoski notes that some councilmembers have wanted to lock down the amount of space designated as public open space before moving forward – and didn’t feel that it was premature to make that determination. Similarly, he doesn’t think that locking down a percentage for affordable housing is premature. Warpehoski will support the resolution.

9:23 p.m. Lumm says that her point is that things do change and that she wants to see how much money the sale actually generates.

9:24 p.m. Lumm is reviewing the changing in funding strategies by MSHDA – the Michigan State Housing Development Authority.

9:26 p.m. Kunselman proposes an amendment, saying that the Ann Arbor Housing Commission is the largest affordable housing provider in the city. He wants to stipulate that 25% of all proceeds go to the AAHC – in addition to the 50% that would go to the affordable housing trust fund.

9:28 p.m. Briere gets clarification that Kunselman that he’s not confining the AAHC allocation to just downtown AAHC properties. She notes that money from the affordable housing trust fund has been used in the past for AAHC properties. She doesn’t think this amendment is necessary.

9:30 p.m. Briere says she’s heard the concern that too much money would be used for the AAHC. Kunselman says it’s important that the AAHC be given money “straight up” without having to come ask. He doesn’t think they should have to go through hoops – saying that AAHC shouldn’t have to go before the HHSAB.

9:32 p.m. Kunselman says the council has neglected the AAHC for so many years, trying to engage in speculative development. He cites the former Y lot, Near North and Burton Commons. He points out that AAHC is also looking to increase their number of units.

9:33 p.m. Teall appreciates Kunselman’s concern for the AAHC, but doesn’t think that AAHC has been neglected. It’s good for the process that when the AAHC needs funds, they come and request the funds and explain what the funds are needed for, she says.

9:37 p.m. Hieftje agrees with Teall and Briere that the AAHC can come and ask for money when they need it.

9:37 p.m. Outcome on the amendment: The council has voted to reject Kunselman’s amendment with support only from Kunselman, Kailasapathy and Eaton.

9:39 p.m. Briere speaks in support of the resolution, saying she’ll carry the concerns she’s heard back to HHSAB. Kunselman says he won’t support this for reasons he’s already described. He noted that he’d been the one to push forward the Y lot sale and he’d also been the one to push for the sale of Library Lane lot development rights. The resolution tonight is premature. He wants the council to have concrete information instead of making “grand gestures” to appease people.

9:42 p.m. Hieftje is now unable to resist responding to Kunselman’s remarks about using public TIF (tax increment finance) dollars to support parking – saying it’s an important economic development tool. He’s giving others on the council credit for some of the good things that have happened – reacting to Kunselman’s previous remarks about his own role.

9:43 p.m. Outcome: The council has voted to approve the policy on designating proceeds from sale of development rights on the Library Lane lot. Voting for it were Taylor, Teall, Warpehoski, Hieftje, Kailasapathy, Briere and Petersen. Anglin was absent. Kunselman, Lumm and Eaton voted against it.

9:43 p.m. DC-2 Remove funding for Larcom reskin. This is a proposal to recommend to the planning commission that the capital improvements plan (CIP) for FY 2017 and FY 2018 be revised to remove the $4.4 million that is included for a city hall reskinning project. The council postponed this item from its May 19, 2014 meeting. According to a staff memo written in response to a councilmember question, reskinning of the Larcom City Hall building would mean replacing the existing exterior walls and windows of the building. The result would be new squared-off exterior, eliminating the inverted pyramid design. The new exterior would hang vertically from the sixth floor. [For additional background, see City Hall Reskinning above.]

9:45 p.m. Lumm is reading aloud a prepared statement about other capital needs in the city. She describes the reskin of the Larcom building as being something that “might be nice” and expresses skepticism that the energy savings would translate to a positive business case.

9:48 p.m. Briere says that she has a bureaucratic problem with the resolution: The council can remove the funding, but the planning commission approves the content. The resolution asks the planning commission to remove the funding. So she had to ask what would happen if the planning commission removed the Larcom reskin from the CIP. Briere wants to remove the reference to the $4.4 million, but Petersen says that it’s merely an adjectival modifier of the project.

9:50 p.m. Petersen says that the council isn’t voting on the bureaucratic issue – and she’s going to support this resolution. She’s urging the council to explore the energy improvements. Hieftje says that he’ll support this resolution, because the city doesn’t have $4.4 million lying around. He recalls efforts the city had made to find federal dollars for the energy improvements.

9:52 p.m. Kailasapathy says that she doesn’t believe that there’s “free money” even if it comes from the federal or state government, because it’s all taxpayer money. She wants the cosmetic components of the project removed. “I just want to see this gone,” she says.

9:53 p.m. Teall won’t support this tonight. Energy efficiency is and should be a priority, she says. She recognizes that she’s fighting a losing battle. She’s concerned not just about the windows, but also about the insulation in the walls. Having the project in the CIP doesn’t mean we’re spending the money, Teall notes. She’s citing a common sentiment of Kunselman that the council shouldn’t tie the hands of future councils.

9:56 p.m. Kunselman says it’s ironic that he’d tried to fight the airport runway extension by removing it from the CIP, but he wasn’t sure he wanted to adopt that approach here. He wants to know more about the windows: Did they date from the 1960s? Powers notes that this is a project in the 2017 year of the CIP. Hupy confirms that it’s a very conceptual budget at this point. He confirms that the windows are original. Kunselman ventures that the title of the project can be changed from “reskinning” to something involving energy efficiency. He doesn’t think this resolution will do anything, but now suggests an additional resolved clause to address a title that will be more limiting in scope.

9:57 p.m. Hieftje suggests a recess to craft the language Kunselman is trying to come up with.

9:57 p.m. Recess.

10:05 p.m. Samuel McMullen, Ward 3 candidate for council, has arrived at the meeting.

10:05 p.m. We’re back.

10:09 p.m. Kunselman reads aloud the additional “resolved” clause that expresses a council desire that an energy-efficiency project be developed for city hall. Lumm is now arguing against the amendment based on skepticism that there’d be adequate payback. Kunselman allows that window replacements don’t pay back in energy savings, but it does affect the comfort for building occupants. It’s also a strain on the HVAC system, he ventures.

10:12 p.m. Kunselman says that if the building is going to be around for a few more decades, it might be worth putting in some new windows. Petersen says that she’ll support Kunselman’s amendment, characterizing it as formally asking what councilmembers have been talking about. Briere says that Kunselman’s amendment suggests a more cost-effective approach to the problems with the walls and windows. Briere notes that the building has historic status now that it is older than 50 years. She’s not particularly fond of the building, though.

10:14 p.m. Eaton says that the message to the planning commission is that the council won’t support anything that has the scope of a $4.4 million project. Teall says she’ll support the amendment, but not necessarily the main question. Hieftje reiterates his support for the main question and for the amendment as well.

10:15 p.m. Outcome on the amendment: The council has voted to approve the amendment.

10:16 p.m. Lumm is happy that it appears this will pass.

10:16 p.m. Outcome: The council has voted to approve this resolution, over the dissent of Teall.

10:16 p.m. DC-3 Approve a five-year partnership agreement with Community Action Network for Operation of Bryant and Northside community centers. This is proposal for a five-year partnership between the city and the nonprofit Community Action Network. The partnership was recommended for approval by the Ann Arbor park advisory commission at its May 20, 2014 meeting. [For additional background, see Partnership with Community Action Network above.]

10:18 p.m. Taylor is reviewing the resolution. [Taylor is a council appointee to the park advisory commission.] Taylor says that CAN is uniquely qualified to provide this service. He encourages support of the resolution.

10:18 p.m. Outcome: The council has voted to approve the operating agreement with CAN for Northside and Bryant community centers.

10:18 p.m. DC-4 Approve application to MEDC for extension of LDFA term. This resolution would support the LDFA’s application to the MEDC for an extension of its current 15-year term, ending in 2018. The length of the extension would be for at least five years, and possibly as long as 15 years. [For additional background, see LDFA Extension above.]

10:21 p.m. Petersen is reviewing some points in a letter from the LDFA board to the council. First is that LDFA SmartZones are enabled by state statute. Second is that the LDFA has had its contract with SPARK audited. SPARK’s financials are now on SPARK’s website, she says. She notes that the LDFA has heard the council’s interest in high-speed telecommunications networks.

10:22 p.m. Carrie Leahy, chair of the LDFA board, has come to the podium to answer questions. She tells Lumm that the most serious conversations about who might be the satellite are Adrian and Brighton. She says that Flint is no longer on the table. She’s explaining that a satellite LDFA would set up its own TIF capture.

10:24 p.m. Lumm wants to know what the impact would be on the Ann Arbor Ypsi SmartZone. Leahy says the Ann Arbor Ypsi SmartZone funds wouldn’t be spent outside of Ann Arbor and Ypsi.

10:27 p.m. Hieftje ventures that Lumm is raising a good question: Why does the MEDC want to do this? SPARK CEO Paul Krutko says that MEDC worked with the legislature to see how to allow the LDFA program to continue. Currently there are 15 SmartZones, each with an opportunity to extend for five years. Three of the 15 have the chance to extend for 15 years. One of the three is already decided – Marquette. There’s a deadline set by the state, Krutko says, of June 30 and Sept. 30. The effort reflects the state’s emphasis on regional cooperation.

10:29 p.m. Leahy stresses that tonight’s resolution is just the first step. The application will then go to the MEDC. Then it will come back to the council. Krutko says that the LDFA wanted to come to the council early, because the other communities have a lot of steps to complete. Both of the communities still on the table are very interested, Krutko says.

10:32 p.m. Kailasapathy is returning to the topic of “windfall” gains that the LDFA had realized due to increased valuation in the TIF district. She’d proposed a budget amendment on May 19, when the council adopted next year’s budget, that would have reserved some of that windfall for construction of a high-speed telecommunications network. That amendment hadn’t succeeded. Kailasapathy wants to know if the LDFA can provide audited job creation numbers.

10:34 p.m. Leahy tells Kailasapathy that the LDFA has heard the council’s interest in infrastructure improvements and has begun to reach out to other communities and the MEDC to get more information about that.

10:35 p.m. Leahy says that the LDFA does not ask an independent party to verify the job creation numbers in an audit. “Why don’t you just do it?” Kailasapathy asks. Leahy says that the LDFA board has not had a meeting since the last council meeting.

10:37 p.m. Eaton is getting clarification from Leahy about the council’s options for denying an extension in the future. It sounds like the council could opt to extend only for five years, even if the MEDC approved an extension for 15 years.

10:38 p.m. Lumm says she doesn’t see any justification not to apply, because it would mean sending money elsewhere in the state.

10:42 p.m. Hieftje says he’s fully in support of this. He says that the city is interested in the best performance it can get out of Ann Arbor SPARK. Hieftje says that if the LDFA were to cease to exist, it would have no impact on the School Aid Fund.

Taylor is delighted to support this resolution. Both Ann Arbor SPARK and the LDFA do an excellent job, he says. About the drive for metrics, he says it’s the council’s obligation to oversee the money that is spent. It’s important to note, he says, that job creation statistics are not a science. It’s multivariable, he says.

10:46 p.m. Kunselman says he’s sitting on the fence. He doesn’t understand why the five-year extension is being discussed now five years ahead of the expiration of the LDFA. Kunselman expresses skepticism about the state’s reimbursement of the School Aid Fund, saying that the state has consistently underfunded the School Aid Fund. Powers quips that CFO Tom Crawford can’t speak for the governor except for the fact he’s not wearing a tie. Krutko corrects Kunselman’s understanding – pointing out that we’re only three years away from the expiration of the current LDFA.

10:47 p.m. Crawford is clarifying for Kunselman how the state reimburses the School Aid Fund.

10:47 p.m. Outcome: The council has voted to support the LDFA’s application for the extension of its term, over dissent from Kailasapathy.

10:47 p.m. DC-5 Approve Bravo Brio Restaurant Group Inc. for a new Resort Class C liquor license. The restaurant is located at 760 Briarwood Circle.

10:49 p.m. Lumm is reporting out the liquor license review committee’s work on considering these license applications.

10:49 p.m. Outcome: The council has voted to recommend approval of Bravo Brio’s application for a liquor license.

10:49 p.m. DC-6 Approve P.F. Chang’s China Bistro Inc. for a new Resort Class C liquor license. The restaurant is located at 720 Briarwood Circle.

10:49 p.m. Outcome: The council has voted to recommend approval of P.F. Chang’s application for a liquor license.

10:50 p.m. Closed Session. The council has voted to go into closed session to discuss pending litigation.

11:30 p.m. We’re back.

11:30 p.m. Recess. The council immediately takes a break.

11:36 p.m. We’re back.

11:38 p.m. DC-7 Community Events Fund Disbursements. This allocates $1,972 from the FY 2014 Community Events Fund to the African-American Downtown Festival scheduled for June 7, 2014.

11:38 p.m. Outcome: The council has unanimously approved the allocation.

11:39 p.m. DB-1 Approve 515 Oxford (Delta Gamma) site plan. This is the same project for which the zoning was given final approval earlier in the meeting.

11:39 p.m. Outcome: The council has voted to approve the Delta Gamma site plan.

11:39 p.m. DB-2 Approve Ruth’s Chris Site Plan This is the site plan for a new Ruth’s Chris Steak House on Fourth Avenue in downtown Ann Arbor. The planning commission recommended approval at its April 1, 2014 meeting. The site plan calls for renovating the single-story building at 314 S. Fourth Ave. and putting up a 1,943-square-foot second-floor mezzanine addition over the front part of the existing building. The current structure is 8,024 square feet, and most recently housed the Dream Nite Club, which closed in 2012. The project is estimated to cost $2.2 million. [.pdf of staff report on Ruth's Chris site plan] [For additional background, see Ruth’s Chris Site Plan above.]

11:39 p.m. Outcome: Without discussion, the council has voted to approve the Ruth’s Chris site plan.

11:39 p.m. DS-1 Approve amendment No. 4 to the contract with CDM Smith Michigan Inc. for the footing drain disconnect (FDD) program. This item is an extension of a contract with CDM Smith Inc. for continued work as part of Ann Arbor’s footing drain disconnection (FDD) program. It had been postponed at the council’s May 5, 2014 meeting.

In the interim, the dollar amount of the contract extension has been reduced from $748,106 to $143,440. That reflects a reduction in the scope of the work. The original May 5 resolution called for the following activities to be funded: citizen support ($36,928); FDD citizens advisory committee meetings ($24,180); information management for sump pump monitors ($93,707); developer offset mitigation (DOM) program support; ($95,213); and multi-family FDD implementation ($498,005). No longer a part of the scope of work in the revised June 2 resolution are the FDD citizens advisory committee meetings, information management, or the multi-family FDD implementation. [For additional background, see FDD Program Contract Extension above.]

11:41 p.m. Eaton says he’s glad to see that the amount in the contract has been pared down. But he does not think the city should be spending money on the DOM, saying that the DOM should be funded by the developers. Residents in Ward 4 have expressed concern about the quality of work done by CDM Smith, Eaton says. When the work isn’t done right, water can freeze, he adds.

11:43 p.m. Eaton contends that about 1/3 of the houses that have had FDDs done don’t have a proper air gap in the discharge pipe. Eaton doesn’t think the city should continue to spend money to this consultant, when it should be funded by the developers, not taxpayers.

11:43 p.m. Teall says she doesn’t share the same level of distrust of the consultant that Eaton does. She allows that she’s heard from constituents who’ve had these issues. She says that the council hears a lot from only a few constituents.

11:46 p.m. Hupy is now at the podium. Teall asks him to respond to Eaton’s remarks. Hupy says there are simply not 1/3 of the houses with FDDs that don’t have proper air gaps. He says that the city is working through various complaints. Out of the nearly 600 installations the city has done, only five were frozen this past winter, he says. So the issue is not as widespread as it’s been reported, Hupy says. The city is now looking at solving the root causes of any problems, he notes.

11:48 p.m. Hupy describes what CDM Smith does: When a developer identifies a candidate for an FDD, they go in and verify that it’s a viable candidate and also verify that the work was done properly. Hupy doesn’t know why the program is set up so that the city pays for the administration of the DOM program. Hupy says that going forward, that would be an obvious aspect of the program to consider changing.

11:51 p.m. Teall asks what the impact on city staff would be if the resolution were not approved. Nick Hutchison says it would require about half the time of two full-time employees – that is, one FTE. And some workloads would need to be moved around. Summer road projects would need to be managed with outside resources, he says. Teall characterizes the situation as substituting different consultancies for the consultancy with CDM Smith. Teall says she’ll support the resolution. She’s dismayed by some of the communication that the council has been receiving from some people. There hasn’t been a balance from other members of the citizens advisory committee, she says.

11:53 p.m. Eaton says that his 1/3 figure was based on the results of a survey done by the committee – Question 18. Hupy says that residents who reported that don’t understand what they’re looking at. Hupy adds that when the city inspects those situations, they don’t find 1/3 with inadequate air gaps.

11:55 p.m. Back and forth between Eaton and Hupy ensues. Eaton ventures that the survey documents a great deal of dissatisfaction. Hupy says that a question about whether you’d recommend the procedure to a neighbor had a 70% positive response.

11:57 p.m. Warpehoski says he understands and hears the concerns. He’s also a satisfied participant in the DOM program, he says. For him, it had worked well – as part of a basement renovation program. CDM Smith had answered his questions and worked with his general contractor. Warpehoski says that the council has approved site plans that have development agreements requiring FDDs, so he thinks the council needs to approve this resolution.

11:59 p.m. Lumm thanks Eaton for his work on this issue. She’s glad to see the reduced amount in the contract. The recommendation from the committee won’t be coming back until the fall, she notes. She doesn’t think it makes sense to stop all the development projects that are currently in process.

12:01 a.m. Kunselman gets confirmation that the DOM program is voluntary from the point of view of the homeowner.

12:03 a.m. Kunselman asks if there are houses in the queue for the DOM. Yes, about 13. But there are about 350 that are on the books as required. About 150-160 are at some point in the process. Kunselman asks if anyone who is paying $100 a month instead of doing an FDD. Yes, there are two.

12:04 a.m. Hieftje says he appreciates the light that Eaton’s work has shone on the issue. But the consequences of not approving this resolution would be onerous, he says.

12:06 a.m. Briere notes that the DOM program does not mandate FDDs, but rather that the flow mitigate in some way. Hupy confirms that. She wants to know if the city encourages alternatives to FDDs. Hupy says that the city reviews any ideas that developers have. He cites how some developers own enough fixtures that they can reduce flow in those and achieve the needed offset – e.g., Ann Arbor Public Schools and University of Michigan.

12:07 a.m. Briere asks if there’d be a benefit to having developers pay cash in lieu. Hupy isn’t sure.

12:08 a.m. Briere notes that some alternatives will need to be found, because there’s only a finite number of footing drains. Hupy agrees that there will be a point of diminishing returns.

12:09 a.m. Outcome: The council has voted to approve the CDM Smith contract for FDD work, over dissent from Eaton and Kailasapathy.

12:09 a.m. DS-2 Resolution No. 2 for special assessment district for Stone School Road reconstruction project. As part of a road reconstruction project for Stone School Road, the city is planning to install a sidewalk on the west side of the road. To fund the sidewalk construction, part of the cost will come from a special assessment of property owners. This resolution sets the roll of properties to be special assessed. [For additional background, see Stone School Road Sidewalk Special Assessment above.]

12:10 a.m. Kunselman says he’s very excited that this project is moving forward. He’s also excited that about 80% of the cost of the special assessment is being covered by public dollars.

12:10 a.m. Outcome: The council has voted to set the assessment roll for the Stone School sidewalk special assessment.

12:10 a.m. DS-3 Approve contract with Parsons Brinckerhoff Michigan Inc. South State Street transportation corridor study. This item would approve a $299,911 contract with Parsons Brinckerhoff Michigan Inc. to conduct a study of the South State Street transportation corridor. The 1.3 mile long area of the study extends from the intersection of Ellsworth Road and South State Street north to the intersection of Oakbrook Drive and South State Street. [For additional background, see State Street Transportation Corridor Study above.]

12:10 a.m. Outcome: The council has voted to approve the contract with Parsons Brinckerhoff for the State Street transportation corridor study.

12:10 a.m. DS-4 Adopt the City of Ann Arbor urban and community forest management plan. This item would adopt the first comprehensive plan for managing Ann Arbor’s urban forest. The Ann Arbor park advisory commission recommended adoption of the plan at its meeting on April 15, 2014. [.pdf of Urban & Community Forest Management Plan] [For additional background, see Urban Forest above.]

12:12 a.m. Lumm says that it represents a huge amount of work. She’s thanking those who were responsible for its development. She says she agrees that the urban forest is a defining and highly-valued characteristic of the community.

12:14 a.m. Taylor says that the plan was presented to the park advisory commission a while ago. [He's a council appointee to the PAC.] PAC was extremely impressed with the plan, he says.

12:14 a.m. Outcome: The council has voted to adopt the urban forestry plan.

12:14 a.m. DS-5 Accept a Fair Food Network grant for the Ann Arbor Farmer’s Market. This item would approve an agreement with the Fair Food Network to continue administering the Double Up Food Bucks program at the Ann Arbor farmer’s market. Approval would entail acceptance of $32,000 in funding. [For additional background, see Grant to Farmers Market for Food Stamp Recipients above.]

12:14 a.m. Outcome: The council has voted to accept the Fair Food Network grant.

12:15 a.m. DS-6 Amend Ann Arbor City budget for fiscal year 2014. This resolution would amend the current fiscal year’s budget (FY 2014) to ensure that expenditures do not exceed appropriated amounts. The budget amendment will ensure compliance with Public Act 621 of 1978. The total requested general fund budget amendment is $60,000. For all other funds, the amendment to be considered by the council on June 2 totals $310,000. [For additional background, see Amend Current Year's Budget above.]

12:15 a.m. Outcome: The council has voted to amend the FY 2014 budget.

12:15 a.m. Communications from council. Teall notes that Cinetopia is starting. It runs from June 4-8 at the Michigan Theater in Ann Arbor and also in Detroit.

12:16 a.m. Hieftje notes that the Ozone House celebrated its 45th anniversary, and there was a recent celebration for the 50th anniversary of the city’s Elizabeth Dean trust fund.

12:16 a.m. Clerk’s report. Outcome: The clerk’s report has been received.

12:16 a.m. Public comment. There’s no requirement to sign up in advance for this slot for public commentary.

12:18 a.m. Thomas Partridge salutes the council for passing the resolution on the distribution of proceeds from the sale of development rights for the Library Lot. It would have been better to have dedicated 100% of the money to affordable housing instead of 50%, he adds. Partridge says we need a new governor. He calls for the election of Democrat Mark Schauer.

12:22 a.m. Mark Koroi says he’s here to address the “debacle” that had occurred in the Bob Dascola lawsuit. The judge had excoriated the city in his opinion, and the city would now be paying tens of thousands of dollars in attorney’s fees, he notes. Koroi says that Jack Eaton has stated publicly that the council had not given authorization for the city attorney’s action, so who did? Koroi says he’s endorsing McMullen in the race, but felt that Dascola should not have been denied access to the ballot.

12:25 a.m. Caleb Poirier is addressing the council on the challenge of dealing with the homeless population and those who are living under bridges. There are some unmet needs: toileting and trash removal. It’s the desire of his nonprofit to deal with the trash. He has a two-part request – to get trash into city dumpsters and to keep fecal matter out of the river. So he’d support port-a-potties at those locations.

12:28 a.m. Elizabeth Kurtz says she’s presentable because she just got her hair cut. Having lived on the streets for about 14 months, she’d been able to get into temporary housing. Generally she has little access to laundry and bathing facilities, she says. Despite the council’s resolution tonight, there’s little attention to immediate needs, she says. She describes herself as living a Third World existence. She was part of a Detroit Public Schools layoff – up until then, she was part of the middle class. We’ve got to get our priorities straight, she says.

12:31 a.m. Judy Bonnell-Wenzel is lamenting the fact that a friend of hers, Alan Haber, is away for the summer and is not here to speak in favor of a public commons on the Library Lot. She also says that people who have no place to sleep and unmet basic needs have no democracy. She worries about gentrification – pushing people out. She and her husband pay $527 a month for their housing, she says.

12:31 a.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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June 2, 2014: City Council Meeting Preview

Dave Askins — Fri, 30 May 2014 01:21:06 +0000

Screenshot of Legistar – the city of Ann Arbor’s online agenda management system. Image links to the June 2, 2014 meeting agenda.

Also related to land use, three Ann Arbor housing commission properties will be given initial consideration for rezoning. A site plan and associated rezoning for the Delta Gamma house will be given final consideration. Also up for final consideration is a revision to the ordinance regulating drive-thrus. And the site plan for a new Ruth’s Chris restaurant to be located downtown on South Fourth Avenue will be given consideration.

A rate increase for Ann Arbor water, sewer and stormwater rates is on the June 2 agenda for final approval.

Amend Current Year’s Budget

The total requested general fund budget amendment is $60,000. For all other funds, the amendment to be considered by the council on June 2 totals $310,000.

FDD Program Contract Extension

This amendment would provide the services needed to bridge the gap until the SSWWE [Sanitary Sewer Wet Weather Evaluation] Project recommendations have been made. Presently, the anticipated timeline for completion of the SSWWE Project is in the autumn of 2014. That does not allow sufficient time to issue a new RFP, collect and review proposals, award a contract, and bring a new consultant up to speed to manage the remaining FDD and DOM work outlined above. Existing City staff does not currently have the available resources or expertise to perform the inspections required for the DOM program.

The previous three iterations of the CDM contract totaled about $3.6 million. The money for these contracts is drawn from the city’s sewer fund.

Urban Forest

Map of selected tree variety by The Chronicle from city of Ann Arbor 2009 survey. Image links to dynamic map hosted on geocommons.com

Implement proactive tree maintenance program.
Strengthen tree planting and young tree maintenance programs.
Monitor threats to the urban and community forest.
Increase landmark/special tree protections.
Secure adequate city‐funding for urban forestry core services.
Develop street tree master plans.
Pursue grant and philanthropic funding opportunities.
Strengthen forestry related ordinances.
Update tree inventory and canopy analysis.
Develop urban forest best management practices.
Increase urban forestry volunteerism.
Strengthen relationships with outside entities who impact trees.
Implement community outreach program.
Obtain the best use of wood from removed trees.
Create city staff working groups to coordinate projects that impact trees.
Engage the city’s Environmental Commission in urban and community forestry issues.
Review the urban forest management plan periodically and update as needed.

City Hall Reskinning

Library Lot Sale Proceeds

State Street Transportation Corridor Study

Besides Parsons Brinckerhoff, the other bidder for the work was DLZ.

Stone School Road Sidewalk Special Assessment

The council will be asked to approve a resolution directing the city assessor to set the roll of properties to be assessed.

Rezoning: Housing Commission Properties

Rezoning is recommended for the following public housing sites, two of which are currently zoned as public land:

Baker Commons: Rezone public land to D2 (downtown interface). The 0.94-acre lot is located at 106 Packard Street, at the intersection with South Main, in Ward 5. It includes a 64-unit apartment building.
Green/Baxter Court Apartments: Rezone public land to R4A (multi-family dwelling district). The 2-acre site is located at 1701-1747 Green Road and contains 23 apartments in four buildings and a community center. It’s in Ward 2.
Maple Meadows: Currently zoned R1C (single-family dwelling district), the recommendation is to rezone it as R4B (multi-family dwelling district). The site is 3.4 acres at 800-890 South Maple Road and contains 29 apartments in five buildings and a community center. It’s located in Ward 5.

For additional background on the AAHC process of renovating its properties, see Chronicle coverage: “Public Housing Conversion Takes Next Step.”

Delta Gamma Site Plan, Rezoning

Aerial view showing the location of 515 Oxford, south of Geddes and at the eastern end of South University.

The proposal for a renovation would accommodate a maximum of 20 residents, including a required resident manager.

Drive-Thru Ordinance: Final Approval

Currently, drive-thrus are allowed in C3 districts without a special exception use. They are allowed as special exception uses in the C2B district.

When considering whether to grant a special exception use – which does not require additional city council approval – the planning commission considers these issues:

1. Is the location, size and character of the proposed use compatible with the principal uses of the district and adjacent districts? Is it consistent with the Master Plan? Is it consistent with the surrounding area? Will it have any detrimental effects to the use or value of surrounding area, or the natural environment?

2. Is the location, size, character, layout, access and traffic generated by the use hazardous or inconvenient or conflicting with the normal traffic of the neighborhood? Is off-street parking safe for pedestrians? Do the necessary vehicular turning movements block normal traffic flow? Are any additional public services or facilities needed by the use, and will they be detrimental to the community?

3. Is the maximum density and minimum required open space at least equal to the standards normally required by the Zoning Ordinance for the district?

The planning commission recommended the changes at its April 1, 2014 meeting.

Ruth’s Chris Site Plan

Proposed facade of Ruth’s Chris Steak House at 314 S. Fourth Ave.

This would be the first Ruth’s Chris Steak House in Ann Arbor. The chain is based in Florida, with locations nationwide.

Utility Rates

The council will consider giving final approval to higher utility rates – for water, sewer and stormwater. Initial approval came at the council’s May 19 meeting.

Water consumption for a typical single family is assumed at 19 units per quarter.

History of city of Ann Arbor water rates. The city converted to a tiered system 10 years ago in 2004, based on usage. The 2015 amount is proposed.

Grant to Farmers Market for Food Stamp Recipients

The city of Ann Arbor has received Double Up Food Bucks grant funding since 2010.

Partnership with Community Action Network

The staff memo also noted that a request for proposals (RFP) was not issued for this work, because CAN has been the sole respondent to the previous two RFPs and the city is satisfied with its work.

LDFA Extension

In FY 2013, the total amount captured by the LDFA was $1,546,577, and the current fiscal year forecast is for $2,017,835. About the same amount is forecast for FY 2015.

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Delta Gamma Rezoning Gets Initial OK

Chronicle Staff — Tue, 06 May 2014 01:10:25 +0000

A rezoning request for 515 Oxford, to convert a house for use as an annex to the Delta Gamma sorority, has received initial approval from the Ann Arbor city council. The main sorority house is located nearby at 626 Oxford.

Aerial view showing the location of 515 Oxford, south of Geddes and at the eastern end of South University.

The request, recommended by the planning commission at its Jan. 23, 2014 meeting, is to rezone the parcel from R4A (multi-family dwelling) to R2B (two-family dwelling and student housing). Most of the surrounding parcels are zoned R2B, although the site immediately to the north is also zoned R4A. Also nearby is public land (PL) where the University of Michigan’s Oxford Houses complex is located.

The city council’s action came at its May 5, 2014 meeting.

The proposal for a renovation would accommodate a maximum of 20 residents, including a required resident manager.

To be given final approval, this item will require a second and final vote at a future meeting of the council. According to city planning staff, the timeline for this project is coordinated so that a site plan will be on the same council agenda as the second reading of the rezoning request. The site plan was approved by planning commissioners on April 15, 2014.

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

May 5, 2014: City Council Live Updates

Dave Askins — Mon, 05 May 2014 20:01:59 +0000

Editor’s note: This “Live Updates” coverage of the Ann Arbor city council’s May 5, 2014 meeting includes all the material from an earlier preview article published last week. The intent is to facilitate easier navigation from the live updates section to background material already in this file.

The Ann Arbor city council’s voting agenda for its May 5, 2014 meeting is relatively light, but features some significant public hearings and a potentially controversial contract related to footing drain disconnections.

The sign on the door to the Ann Arbor city council chamber, installed in the summer of 2013, includes Braille.

One public hearing will be held on the FY 2015 budget. The 2015 fiscal year starts on July 1, 2014. City administrator Steve Powers presented his proposed budget to the council at its previous meeting, on April 21. The council will take up possible amendments and vote on the adoption of the budget at its following meeting, on May 19.

Separate budget-related public hearings on May 5 will be held on fee increases in the community services area and the public services area. Notable is the proposed increase in the fees for stalls at the farmers market. The annual fee for one stall will increase from $300 to $450.

A significant voting item on the agenda is a roughly $750,000 contract with CDM Smith Inc. for continued work in connection with the city’s footing drain disconnection (FDD) program. In 2012, the city’s program to disconnect footing drains from the sanitary sewer system was suspended by the council in some areas of the city. It has continued in other geographic areas and as part of the city’s developer offset mitigation program, which requires owners of new developments to complete a certain number of FDDs. The purpose is to offset the additional flow in the sanitary system caused by new construction.

The CDM contract could draw scrutiny, because the city is currently undertaking a sanitary sewer wet weather evaluation (SSWWE) study. It’s supposed to yield a recommendation about whether to continue with the FDD program, and if so, in what form. In addition, the city’s ordinance, which requires property owners to undertake FDDs, was challenged in a lawsuit filed earlier this year. That case is pending as the city has removed the case from state to federal court and the plaintiffs are seeking to remand it back to state court. A hearing is scheduled for May 28 on the question of remand.

Also on the agenda are two contracts for general construction inspection work, each for $100,000, with Stantec Inc. and Perimeter Inc.

Three parks will be getting upgrades to play equipment if the council approves a contract with Game Time c/o Sinclair Recreation for $132,000. Arbor Oaks Park and Scheffler Park will have their play structures replaced, and North Main Park will be getting a tire swing and chess table.

Mowing and snow clearance in city parks in the future be handled with two mower/snow-broom combination units, if the council approves the purchase from Spartan Distributors for $101,000.

Three land-use items that were recommended for action by the city planning commission appear on the council’s May 5 agenda.

First, the council will consider giving initial approval to a change in the city’s zoning ordinance related to drive-thrus. In addition to providing a definition, the ordinance revision would require drive-thrus to obtain special exception use permits, which would be allowed only in the O (office), C2B (business service) and C3 (fringe commercial) zoning districts. Drive-thrus would not be allowed in the C1, D1, D2, and other commercial districts. Currently, drive-thrus are allowed in C3 districts without a special exception use. They are allowed as special exception uses in the C2B district.

Second, the council will consider giving initial approval to a rezoning request and area plan for 515 Oxford, to convert a house for use as an annex to the Delta Gamma sorority. The main sorority house is located nearby at 626 Oxford. The request, supported by the city’s planning staff, is to rezone the parcel from R4A (multi-family dwelling) to R2B (two-family dwelling and student housing). The building is notable because it was originally designed in 1940 by architect George Brigham, who used it as his home and architectural studio.

And third, the council will consider final approval for the 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.

Sidewalks are again on the agenda in the form of a public hearing on the proposed Newport Road special assessment, which is supposed to help fund a stretch of sidewalk north of Wines Elementary School. And the council will consider the acceptance of an easement for a sidewalk at 2300 Traverwood Drive.

The council will also consider a routine item this time of year – transferring delinquent water utility, board-up, clean-up, vacant property inspection, housing inspection fees, and fire inspection invoices to the city tax roll for July 2014. The council will also be asked to approve the denial of claims against the city by the board of insurance administration.

Management of the deer population will receive some attention in the form a resolution on the May 5 agenda that directs the city administrator to partner with other organizations to develop strategies for deer management. The administrator will be asked to report back to the city council by July 31, 2014 on the status of the partnership, including budget and timelines. The resolution, put forward by Jane Lumm (Ward 2), states that the desired outcome is a community-endorsed deer management plan.

Appointments to the city’s environmental commission (EC) are on the May 5 agenda, having been postponed at the council’s April 21 meeting. All three that appeared on the April 21 agenda were reappointments for currently serving members of the EC: Kirk Westphal, David Stead, and Susan Hutton. However, the intention at the May 5 meeting is to substitute the original resolution with one that does not include Stead. In addition, a separate item has been added, after initial publication of the agenda, to nominate and appoint Katherine Hollins to the EC.

Street closings on the agenda include: East Washington for the Ann Arbor Book Festival on June 21; East Liberty for Sonic Lunch on Aug. 21; and several neighborhood streets for the 2014 Glacier Area Homeowners Association Annual Memorial Day Parade on May 26.

An item added to the agenda on May 2 is a resolution that would remove any reference to felony convictions on city job applications.

Public Hearings

On the May 5 agenda are two public hearings related to the upcoming 2015 fiscal year, which starts July 1, 2014: the proposed FY 2015 budget; and proposed fee changes in the community services area – for the farmers market.

Public Hearing: FY 2015 Budget

Though the budget’s public hearing is on May 5, council action to adopt that budget, with any amendments, will come at the council’s second meeting of the month, on May 19. Ann Arbor city administrator Steve Powers’ proposed general fund budget for fiscal year 2015, which starts on July 1, 2014, approaches $100 million. [.pdf of FY 2015 budget detailed breakdown]

Left: Tree stumps (black) and vacant sites (gray). Right: Maples (purple), crabapples (red) and oaks (blue). Maps by The Chronicle from the city’s 2009 tree inventory. The city administrator’s proposed FY 2015 budget includes a one-time $1 million expense to address the backlog in pruning and removal of trees that are dead or in poor condition.

Funded as part of the proposed FY 2015 budget are five new full-time employees, four of them in public safety: one additional firefighter; three additional police officers; and an additional rental housing inspection position. The additional police positions will bring the total number of sworn officers in the city of Ann Arbor to 122.

The proposed budget also includes a one-time expense of $1 million to address a backlog in critical pruning and removal of trees that are in the public right of way. The allocation comes in the context of the development of an urban forestry management plan.

The $1 million one-time expense for street trees brings the total of non-recurring expenses in the FY 2015 general fund budget to about $2.8 million. Other one-time expenses budgeted for FY 2015 are: $80,000 to cover transitional costs for art administration; $606,000 for repairs and maintenance of the city’s hydroelectric dams; $100,000 for consultants to assist with completing the downtown zoning amendments and sign inventory; $300,000 for demolition of city-owned buildings at 415 W. Washington; $200,000 for corridor studies; and $209,000 in operational support for the Ann Arbor Housing Commission’s (AAHC) transition to a rental assistance demonstration program.

The housing commission also accounts for the bulk of a $13.8 million (17%) increase in general fund recurring expenditures compared to last year. That’s due to an accounting change that recognizes 22 AAHC employees as city employees. By recognizing revenue and expenses for AAHC employee compensation through the general fund, the AAHC can avoid the negative impact of a new accounting rule. The GASB 68 rule requires unfunded pension fund liabilities to be recorded in the financial statements for proprietary funds (like the AAHC) but not for governmental funds like the general fund.

Also included in the FY 2015 budget proposal is about $3,000 for a pilot program for closed captioning of public meeting broadcasts on the Community Television Network. According to city of Ann Arbor communications manager Lisa Wondrash, the cable commission recommended approval of the money at its Feb. 25 meeting, and she notified the commission on disability issues about the pilot on April 16. The pilot will begin with meetings of the city’s commission on disability issues, with a goal of testing out a closed captioning system this July.

The $98.1 million of general fund expenditures in FY 2015 will include $95.3 million in recurring expenditures and $2.8 million in one-time expenses.

When the general fund is added in with the rest of the city’s budget – the street fund, water fund, sewer fund, parking fund, and the like – the total expenses proposed for FY 2015 come to $334,434,101.

Powers presented the proposed budget to the city council at its April 21 meeting.

Public Hearing: FY 2015 Community Service Fees

At the May 5 council meeting, increases are being proposed for stall fees at the Ann Arbor public market (farmers market). Currently, the basic annual fee for rental of a stall is $300. It’s proposed to be increased to $450 – a 50% increase.

If approved by the council, the fee increase would be projected to generate $26,000 in additional revenue. However, this additional revenue has not been assumed in the proposed FY 2015 budget.

According to the staff memo accompanying the agenda item, “market fees were last increased in 2009 and have not kept pace with the overall increase of annual operating costs during this same time period.” A comparative analysis of Ann Arbor’s fees also showed that Ann Arbor’s fees are well below those of comparable markets.

Comparative chart of stall rental rates, including three in other states. Ann Arbor’s current rate is the leftmost blue bar. Ann Arbor’s proposed market stall rental rate is shown in green. The red horizontal line is the average. (Chart by The Chronicle with data from the city of Ann Arbor.)

Comparative chart of stall rental rates, excluding those in other states. Ann Arbor’s current rate is the leftmost blue bar. Ann Arbor’s proposed market stall rental rate is shown in green. The red horizontal line is the average. (Chart by The Chronicle with data from the city of Ann Arbor.)

FDD Contract

A significant voting item on the agenda is a roughly $750,000 contract with CDM Smith Inc. for continued work in connection with the city’s footing drain disconnection (FDD) program. In 2012, the city’s program to disconnect footing drains from the sanitary sewer system was suspended by the council in some areas of the city. Specifically, it was suspended in the Glen Leven and Morehead (Lansdowne neighborhood) areas. It was allowed to continue in other geographic areas and as part of the city’s developer offset mitigation (DOM) program. The DOM requires owners of new developments to complete a certain number of FDDs to offset the additional flow in the sanitary system caused by new construction.

One indication that the item is expected to be scrutinized is the fact that in the last week of April, city administrator Steve Powers offered to set up meetings between staff and councilmembers to discuss the resolution. The resolution is perceived by some as an indicator that the sanitary sewer wet weather evaluation (SSWWE) would have a forgone conclusion that the FDD should continue. However, at more than one meeting of the advisory committee that’s working on the study, staff and consultants have indicated that if the FDD were to continue at all, it would almost certainly not continue in its current form.

And the staff memo seems to anticipate possible questions by stressing that until the SSWWE is completed and a determination is made on the city’s approach to wet weather sanitary sewer flows, the services of CDM will be required in order to continue the existing FDD and DOM programs. It’s expected that this contract will cover services that are needed through January 2015.

This item on the agenda would approve the fourth contract extension of an original contract with CDM dating back to 2006. This amendment to the CDM contract includes: citizen support ($36,928); FDD citizens advisory committee meetings ($24,180); information management for sump pump monitors ($93,707); developer offset mitigation program support; ($95,213); and multi-family FDD implementation ($498,005).

The previous three iterations of the CDM contract totaled about $3.6 million.

Figure 3. Animation of contrast between the pre-FDD configuration and the post-FDD configuration. (Original illustration from screenshots of YouTube video by Milwaukee Metropolitan Sewerage District, modified by The Chronicle.)

Land Use

Three land-use items that were recommended for action by the city planning commission appear on the council’s May 5 agenda: a revision to the drive-thru ordinance; a rezoning request and area plan for 515 Oxford, to convert a house for use as an annex to the Delta Gamma sorority; and rezoning of land that’s been donated to the city by developer Bill Martin, founder of First Martin Corp.

Land Use: Initial Approval – Drive-Thrus

The council will consider giving initial approval of amendments to the city’s zoning ordinance related to drive-thrus. The amendments would add a definition of a “drive-thru facility” to Chapter 55 of the city code. Currently, the term used throughout the code is “drive-in,” which is not explicitly defined in the code.

Currently, drive-thrus are allowed in C3 districts without a special exception use. They are allowed as special exception uses in the C2B district.

When considering whether to grant a special exception use – which does not require additional city council approval – the planning commission considers these issues:

1. Is the location, size and character of the proposed use compatible with the principal uses of the district and adjacent districts? Is it consistent with the Master Plan? Is it consistent with the surrounding area? Will it have any detrimental effects to the use or value of surrounding area, or the natural environment?

2. Is the location, size, character, layout, access and traffic generated by the use hazardous or inconvenient or conflicting with the normal traffic of the neighborhood? Is off-street parking safe for pedestrians? Do the necessary vehicular turning movements block normal traffic flow? Are any additional public services or facilities needed by the use, and will they be detrimental to the community?

3. Is the maximum density and minimum required open space at least equal to the standards normally required by the Zoning Ordinance for the district?

The planning commission recommended the changes at its April 1, 2014 meeting. The proposed amendments were first reviewed by the commission’s ordinance revisions committee in 2007, but never moved forward to the full commission for consideration. The ORC most recently reviewed these changes in March of 2014. [.pdf of staff memo and proposed amendments]

This item would require a second vote by the council at a future meeting for final approval.

Land Use: Initial Approval – 515 Oxford (Delta Gamma)

The council will be asked to consider a rezoning request for 515 Oxford, to convert a house for use as an annex to the Delta Gamma sorority. The main sorority house is located nearby at 626 Oxford.

Aerial view showing the location of 515 Oxford, south of Geddes and at the eastern end of South University.

The proposal for a renovation would accommodate a maximum of 20 residents, including a required resident manager.

To be given final approval, this item would require a second and final vote at a future meeting of the council. According to city planning staff, the timeline for this project is coordinated so that a site plan will be on the same council agenda as the second reading of the rezoning request. The site plan was approved by planning commissioners on April 15, 2014.

Land Use: Stapp Nature Area

The council’s May 5 agenda includes a resolution giving final 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.

This item was given initial approval at the council’s April 7, 2014 meeting.

Parks

Two items related to parks appear on the agenda: a contract for upgrades to play equipment in three parks; and approval of the purchase of two combination mower/snow-brooms.

Parks: Play Equipment

On the council’s agenda is a contract with Game Time c/o Sinclair Recreation for $132,000 to improve facilities at three parks. Arbor Oaks Park and Scheffler Park will have their play structures replaced, and North Main Park will be getting a tire swing and chess table.

Arbor Oaks Park is located in Ward 3 in the southeast quadrant of the city. Image links to interactive map by the city of Ann Arbor.

Parks: Mowing/Snow-Removal

The council will be asked to approve the purchase of two 2014 Toro model 7210 commercial six-foot wide mower/snow broom combination units at $50,426 each for a total of $100,853.

The units have a mower deck that can be used in the summer months and can be converted in the winter into a tank-tread type unit with enclosed cab that accepts a rotating snow broom, a snow blower, or a plow blade.

The two Toros will replace two walk-behind mowers and three riding mowers.

Sidewalks

At the council’s May 5 meeting, a public hearing is being held on the proposed special assessment for sidewalk construction on Newport Road north of Wines Elementary School. The council voted at its previous meeting, on April 21, to direct the preparation of the roll and to set the public hearing.

The total amount to be special assessed for the Newport Road project is $49,746 – the entire cost of the project. 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. The work is planned to be coordinated with a road resurfacing project for Newport Road, from Sunset to just south of Bird Road.

Newport Road sidewalk stretch.

Environmental Commission Appointments

However, the council will be considering a substitute resolution that will not include Stead. In an email to other councilmembers from Sabra Briere (Ward 1) on May 2, she indicated that she’d be offering the substitute resolution, saying, “David Stead has decided that his life is busy enough he cannot do justice to serving on the commission.” In addition, a separate item has been added to the agenda, to nominate and appoint Katherine Hollins to the EC. Hollins is a staffer with the Great Lakes Commission.

Postponement after initial appearance on the agenda is not unusual for appointments to the EC, because it allows the appointment to mimic the two-step nominate-confirm process for mayoral appointments. EC positions are nominated by the council as a whole. However, in the case of these appointments, Stead’s four previous terms on the commission would likely have been a point of friction for some councilmembers.

Stead 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. And he has served continuously since that initial appointment. Stead also served on the city council representing Ward 5 from April 1993 through November 1994.

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.

There are no term limits for Ann Arbor city boards and commissions, except those highlighted in the city charter as having a six-year maximum. But several councilmembers have expressed concerns about the length of service by some members of some boards and commissions preventing a broader range of participation in local governance. Most recently, the issue arose in connection with the reappointment of Wayne Appleyard to the energy commission on Oct. 23, 2013. Also a factor in the 8-3 confirmation vote for Appleyard was his non-city residency.

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.

Westphal is being put forward as the planning commission’s representative to the environmental commission. He currently serves as chair of the planning commission, which 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.

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

Deer Herd Management

On the May 5 meeting agenda is a resolution that would direct the city administrator to partner with other organizations to develop strategies for deer management. The resolution also directs the administrator to report back to the city council by July 31, 2014 on the status of the partnership, including budget and timelines. The resolution, put forward by Jane Lumm (Ward 2), states that the desired outcome is a community-endorsed deer management plan.

Other organizations named in the resolution as potential partners include the Washtenaw County Parks and Recreation Commission, the University of Michigan, the Humane Society of Huron Valley, and the Michigan Department of Natural Resources Wildlife Division. A recent meeting of the Washtenaw County Parks and Recreation Commission included a discussion of deer herd management.

Washtenaw County commissioner Andy LaBarre, who represents District 7 in Ann Arbor, has sent an email to the city council expressing his support for the resolution, and an indication that he will be putting forward a similar resolution for the county board of commissioners to consider. [.pdf of LaBarre's email]

One metric for deer as a nuisance is traffic accidents they cause. While the number of traffic crashes involving deer has shown a slight downward trend in Washtenaw County, the number of vehicle-deer crashes in the city of Ann Arbor has shown a slight upward trend.

Since 2004, the number of vehicle-deer crashes in Washtenaw County has shown a slight downward trend. (Data from michigantrafficcrashfacts.org, chart by The Chronicle)

Since 2004, the number of vehicle-deer crashes in Ann Arbor has shown a slight upward trend. (Data from michigantrafficcrashfacts.org, chart by The Chronicle)

Deer-Vehicle Accidents in Washtenaw County by Year by Location (Data from michigantrafficcrashfacts.org, plotted and animated by The Chronicle at geocommons.com) Blue dots indicate the location of a deer-vehicle accident.

4:11 p.m. Staff responses to city councilmember questions on agenda items are now available. [May 5, 2014 staff responses to councilmember questions on agenda items.]

6:22 p.m. Council chambers are empty. Yellow agendas are printed out, stacked on the public speaking podium.

6:30 p.m. Thomas Partridge is first to arrive. He’s signed up to speak during public commentary reserved time – on the topic of affordable transportation. Based on his previous commentary, he’ll likely support tomorrow’s May 6 transit millage. Also signed up to speak is LuAnne Bullington, who will likely balance out the viewpoints expressed on the transit millage.

6:33 p.m. Alison arrives, who is taking photos for Sally Petersen’s mayoral campaign.

6:33 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.

6:37 p.m. Council chambers population is now at 4: The Chronicle, Thomas Partridge, Alison the photog, and a Huron High School student, who’s attending the meeting to satisfy a course requirement.

6:39 p.m. LuAnne Bullington has now arrived.

6:42 p.m. Jack Eaton (Ward 4) is the first councilmember to arrive.

6:53 p.m. Sally Petersen (Ward 2) and Sumi Kailasapathy (Ward 1) have now arrived. City administrator Steve Powers is also now here. City attorney Stephen Postema and assistant city attorney Mary Fales are in council chambers.

6:54 p.m. Eaton is chatting with a constituent about the AAATA millage. Eaton is explaining that he’s neutral on the question, but he can see the arguments on both sides. He does wish that the AAATA would be run more efficiently, but also wants to see more service and hopes some middle ground can be found.

7:01 p.m. Remaining councilmembers are starting to filter in. Margie Teall (Ward 4), Stephen Kunselman (Ward 3), and Christopher Taylor (Ward 3) are still not here. Mayor John Hieftje has now arrived.

7:02 p.m. Ward 5 council candidate Leon Bryson has arrived.

7:06 p.m. Sally Petersen (Ward 2) is quizzing high school students here for class assignments about what ward they live in.

7:08 p.m. Call to order, moment of silence, pledge of allegiance.

7:09 p.m. Roll call of council. All councilmembers are present and correct.

7:09 p.m. Approval of agenda.

7:09 p.m. Outcome: The council has approved the agenda.

7:09 p.m. Communications from the city administrator.

7:11 p.m. Steve Powers reminds people that polls are open tomorrow from 7 a.m. to 8 p.m. for the AAATA transit millage proposal. He says there could be some noise tonight from the asbestos abatement one floor above the chambers. He notes that the Ann Arbor fire department is celebrating its 125th anniversary this year.

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

Tonight’s lineup for reserved time speaking is: Thomas Partridge (affordable transportation), Kermit Schlansker (bio mass energy), LuAnne Bullington (transportation), Frank Burdick (CDM Smith Michigan Inc. contract for FDD), and Ali Ajrouch (construction at Ann Arbor Saline Road and Eisenhower).

7:14 p.m. Thomas Partridge introduces himself as a Ward 5 resident and a recent candidate for various public offices. He’s endorsing the AAATA millage that will be voted on tomorrow, which will expand affordable transportation services and give greater opportunities for everyone in Ann Arbor, Ypsilanti and Ypsilanti Township. We need to save the planet starting here at home, he says. Unnecessary transportation burdens need to be taken off the road network and rush-hour gridlock needs to be relieved. It’s an economical and necessary millage, he says. When communities vote to expand transit services locally and tie into countywide and regionwide services, they expand economic opportunities for everyone.

7:17 p.m. Kermit Schlansker says that none of the criticism of biomass technology are valid – and it’s more important than solar or wind power. He’s talking about sequential biodigestion and extraction of fuel gas. The liquid output is pure enough to be piped into ponds, he says. The solids can be transported to fields where they can be spread on fields.

7:21 p.m. LuAnne Bullington is talking about the southeast Michigan regional transit authority (RTA), which was established in December 2012 in a lame duck session. She’s describing the four-county region – Macomb, Wayne, Oakland and Washtenaw counties, plus the city of Detroit. She’s describing the possibility that an RTA millage could be placed on the ballot as soon as 18 months from now. She says that 85% of the funds raised in an RTA jurisdiction must be spent within the jurisdiction. She describes how the total transit millage for Ann Arbor taxpayers will be about 2.7 mills if the millage tomorrow passes. Any RTA millage would be added to that, she notes.

7:24 p.m. Frank Burdick introduces himself as a Ward 4 resident. He’s asking the council to vote no on the CDM Smith contract on footing drain disconnects. He says that CDM’s performance has not been acceptable. He notes that before this current extension of the contract, the previous contract has totaled about $3.6 million, so the $750,000 comes in addition to that. He’s discussing the history of how FDDs were chosen as an option for dealing with excessive flows in the sanitary sewer system. Stop studying and start funding real infrastructure improvements, he says.

7:25 p.m. Ali Ajrouch is not here.

7:25 p.m. Communications from council.

7:26 p.m. Sabra Briere (Ward 1) says there is information about an environmental commission appointee and her resume. She hopes that councilmembers will look over it, before the discussion is held on the matter at the next meeting.

7:27 p.m. Jane Lumm (Ward 2) announces that the housing and human services advisory board now has five vacancies. She invites interested people to contact the mayor’s office. [.pdf of application form]

7:29 p.m. Margie Teall (Ward 4) is talking about the State Street detour near Stimson. It’s not well-received by the neighbors, she says. It’s been difficult to get around today. She also has a question about the status of the Georgetown Mall site. It sure would be nice to know how that’s going to move forward, she says. She also announces that the final meeting on coordinated funding for human services has taken place. She’s thanking the volunteers who sifted through all the applications. It will be on the council’s next meeting agenda, she says.

7:33 p.m. Mike Anglin (Ward 5) is talking about the millage vote tomorrow. Increased ridership generates more federal funding, he notes. He’s thanking various people for the discussion that’s been going on for the last few years. He notes that after the countywide initiative, the city council had given direction to focus on a smaller area, just east of the city. He says he’s leaning more in the direction of supporting the millage, but notes that this will be added to the other tax that Ann Arbor is paying. He’s disappointed that Pittsfield Township did not pass a millage. He says the opponents of the millage had limited resources and it was difficult to take an adverse position when the tide is so strong in the other direction. Even those who are saying no to the millage do support the transportation system, he says.

7:35 p.m. Anglin says that in contrast with the city park system, the AAATA is not a lean organization. Ridership is what transportation is all about, he says. Tomorrow taxpayers will be asked to accept an increase for the next five years, he says. Trains are really expensive, he notes, and there are not partners who will pay for that. It’s something that we’ll always strive for but never reach, he says.

7:39 p.m. Kunselman alerts his colleagues to the entry of Uber into the Ann Arbor market. Uber uses a smart phone app to pair drivers with passengers, he says. The state of Michigan and the city of Detroit have sent a cease-and-desist order to Uber, he says, and if a council resolution is required for the city of Ann Arbor to issue a similar order, he’ll bring forward that resolution at the next council meeting. He’s reviewing the need for regulatory action, in the context of insurance issues. He notes that the taxicab board, on which he sits, at its last meeting asked the city attorney’s office to draft an ordinance that would regulate all drivers for hire. He’s reading aloud some quotes form newspapers articles. [See Chronicle coverage: "Ann Arbor Taxi Board Reacts to Uber."]

7:40 p.m. Kunselman said Uber has not registered with MDOT as a limo carrier, which they’re required to do, he says. Uber ignores the law, he says, and the city should stand up to a company that ignores the law. He characterizes Uber’s “surge pricing” as gouging. He also mentions Lyft, with their moustache logos. He describes the situation as the Wild West when it comes to drivers for hire in Ann Arbor.

7:41 p.m. Lumm is alerting people to the Ann Arbor Area Community Foundation’s promotion tomorrow – called Give Local – which will be matching contributions made that day to various nonprofits.

7:41 p.m. MC-1 Nominations. Robert White is being nominated for reappointment to the historic district commission. The vote on that appointment will take place at the next council meeting.

7:43 p.m. Hieftje is now responding to Anglin’s comments, saying that AAATA is efficient in terms of the cost per rider. He says that in Lansing, AAATA is held up as the best and most efficient transit agency in the state.

7:43 p.m. Hieftje is reviewing the broad range of support in the community for the millage.

7:43 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. Tonight’s agenda features five public hearings.

PH-1 Stapp rezoning. [For background, see Land Use: Stapp Nature Area above.]
PH-2 Newport Road sidewalk special assessment notice. [For background, see Sidewalks above.]
PH-3 FY 2015 public services fee adjustments.
PH-4 FY 2015 community services fee adjustments. [For background, see Public Hearing: FY 2015 Community Service Fees above.]
PH-5 FY 2015 city budget. [For background, see Public Hearing: FY 2015 Budget above.]

7:47 p.m. PH-1 Stapp rezoning. Thomas Partridge is supporting this rezoning, but asks that the ordinance be rewritten to require access to public transportation.

7:47 p.m. PH-2 Newport Road sidewalk special assessment notice. This hearing will remain open after today’s meeting, but speakers who speak today won’t be able to speak at the next meeting. [.pdf of assessment list]

7:49 p.m. An adjoining property owner is questioning how the assessment is being applied to parcels of different sizes.

7:52 p.m. Pete Warburton says he’s opposed to this special assessment. He questions whether the current sidewalk over the bridge meets ADA requirements. He says he’s surveyed some case law on special assessments. Through the 1900s and through the 1950s, the tax tribunals came up with a way to determine if it was fair. A special assessment must afford a special benefit, he says. He says that something that he sees as a benefit might not be seen as a benefit to someone else. Then in the 1980s, the Michigan Supreme Court had determined that the only benefit of any relevance is an increase in the property’s value. He doubts that his property will increase in value as a result of the sidewalk.

7:54 p.m. A representative of the Free Methodist Church is now addressing the council. The church had been told at the time that the church would not be assessed but the sidewalk would need to go through the property. They had agreed, she says, but it turns out that the church is going to be assessed. The church’s yearly budget is $3,200 and it has only about 10 member households, she says. She asks that the city assessor review the assessment for the church’s property.

7:55 p.m. Frank Burdick says that the city is special assessing residents when the city is paying for contracts with consultants like CDM. Money in the capital budget for the FDD contract should be spent on constructing sidewalks, he says.

7:56 p.m. A resident who lives on Springwood Court says the city should be repairing the roads and he was very much opposed to the special assessment.

7:58 p.m. Paul Conway says he’s president of the Riverwood Homeowners Association. He’s speaking in support of the assessment, but not necessarily of the amount. Among his group, those who were opposed cited the cost and the fear that Ann Arbor Public Schools would cease bus service to the area if a sidewalk is built.

7:59 p.m. PH-3 FY 2015 public services fee adjustments.

8:00 p.m. Thomas Partridge calls for additional scrutiny so that businesses are assessed fees on an equitable basis. The fees structure should be progressive, he says.

8:01 p.m. PH-4 FY 2015 community services fee adjustments.

8:02 p.m. No one speaks on this hearing.

8:02 p.m. PH-5 FY 2015 city budget.

8:04 p.m. Larry Deck is thanking the council for giving direction to the city administrator to develop a plan for implementing the city’s non-motorized transportation plan. He identifies three discontinuities in the Border-to-Border Trail that the Washtenaw Bicycling and Walking Coalition would like to see prioritized. He’s looking forward to the June 2014 memo that the city administrator is due to present, he says.

8:06 p.m. Thomas Partridge is criticizing the council for passing along this budget without ameliorating the undue burdens that are placed on the least wealthy members of the community. He says that while the city takes pride in its parks, not enough is done for disabled people and senior citizens.

8:08 p.m. That’s it for this public hearing.

8:08 p.m. Approval of minutes.

8:08 p.m. Outcome: The council has approved the minutes from its previous meeting.

8:08 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 Street Closing: East Washington for the Ann Arbor Book Festival on June 21.
CA-2 Street Closing: East Liberty for Sonic Lunch on Aug. 21.
CA-3 Street Closing: Several neighborhood streets for the 2014 Glacier Area Homeowners Association Annual Memorial Day Parade on May 26.
CA-4 Approve March 27, 2014 recommendations of the Board of Insurance Administration.
CA-5 Transfer delinquent fees to the July 2014 city tax roll.

8:08 p.m. Councilmembers can opt to select out any items for separate consideration. No one does.

8:08 p.m. Outcome: The council has approved all items on the consent agenda.

8:08 p.m. B-1 Stapp rezoning This item gives final 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. [For background, see Land Use: Stapp Nature Area above.]

8:10 p.m. Briere is responding to the accessibility issues that Partridge raised during the public hearing. Route #1 runs by the parcel, she says.

8:10 p.m. Outcome: The council has voted to give final approval to the Stapp rezoning.

8:10 p.m. C-1 515 Oxford Rezoning. The council is being asked to consider a rezoning request for 515 Oxford, to convert a house for use as an annex to the Delta Gamma sorority. The main sorority house is located nearby at 626 Oxford. [For background, see Land Use: Initial Approval – 515 Oxford (Delta Gamma) above.]

8:12 p.m. Lumm notes that this item rezones the parcel to allow conversion of the house for use as an annex for the Delta Gamma sorority. There have been some concerns expressed by neighbors and preservationists, but most are in support, she says.

8:12 p.m. Outcome: The council has voted to give initial approval to the 515 Oxford rezoning.

8:12 p.m. C-2 Drive-thru amendments The council is being asked to consider giving initial approval of amendments to the city’s zoning ordinance related to drive-thrus. The amendments would add a definition of a “drive-thru facility” to Chapter 55 of the city code. Currently, the term used throughout the code is “drive-in,” which is not explicitly defined in the code. [For background, see Land Use: Initial Approval – Drive-Thrus above.]

8:12 p.m. Outcome: The council has voted without discussion to give initial approval to the changes to the drive-thru regulations in the zoning ordinance.

8:13 p.m. DC-1 Environmental Commission appointments. The council is being asked to confirm the reappointments of Kirk Westphal and Susan Hutton, but not David Stead, to the environmental commission. [For background, see Environmental Commission Appointments above.]

8:15 p.m. Stead has withdrawn his name from consideration, Briere says, because he’s found it increasingly difficult to find time to attend the meetings. So the resolution includes just Kirk Westphal and Susan Hutton. This means that there are three vacancies on the EC. So Briere invites people with a background in environmental sciences, chemistry, biology and the like to apply.

8:16 p.m. Outcome: The council has voted to confirm the appointments of Kirk Westphal and Susan Hutton to the environmental commission over the dissent of Kunselman, Eaton, Anglin and Kailasapathy.

8:16 p.m. DC-2 Deer management options. This resolution would direct the city administrator to partner with other organizations to develop strategies for deer management. The resolution also directs the administrator report to back to the city council by July 31, 2014 on the status of the partnership, including budget and timelines. The resolution, put forward by Jane Lumm (Ward 2), states that the desired outcome is a community-endorsed deer management plan. [For background, see Deer Herd Management above.]

8:18 p.m. Lumm says an aerial survey had shown 76 deer per square mile – five times the optimal level. Lumm has received a large volume of communication in support of this resolution, she says. The time has come to address the problem. It’s just the first step and does not presuppose any particular solution, she says.

8:19 p.m. Lumm says she’s heard from Bob Grese, director of the Matthaei Botanical Gardens, who’s interested in being involved. Lumm allows that any recommendation is likely to be met with an emotional response.

8:21 p.m. Petersen reiterates her support and thanks Lumm for doing the heavy lifting on this resolution. It’s an issue that Ward 2 residents have been dealing with for several years, she says. Culling and deer birth control are two options mentioned by Petersen.

8:23 p.m. Briere also thanks Lumm for her work. When she first was elected to council, she’d asked questions about records of deer-car accidents. She describes the increase in deer in her own yard. If there are places in the city where there are not deer now, “They’re coming!” she warns.

8:25 p.m. Kailasapathy says she’s definitely received a lot of email about this. The problem needs to be addressed, but she says, “We’re not Bambi killers.” Taylor says he hasn’t seen any deer in Ward 3, but will support the resolution. He highlights the fact that many partners are mentioned in the resolution, which is good because the problem likely exceeds city resources.

8:27 p.m. Kunselman is assuring everyone that there are deer in Ward 3. He says that birth control can’t be used, because the state of Michigan doesn’t allow it – because those drugs are not legal for human consumption. What we’ll be talking about, he says, is culling the herd, with archers in tree stands to avoid wayward arrows. Kunselman said that it would be a matter of hiring hunters to take action during hunting season and he’d be ready for that vote.

8:29 p.m. Warpehoski is attesting to deer in Ward 5. He says that his concern is the degradation of the natural habitat due to the overpopulation. He’s grateful that Lumm is leading the council into what will be a hard decision, and she’s not allowing the council to duck the issue. He ventures that Kunselman is probably right about the solution.

8:30 p.m. Eaton says he’s had a large buck with a big rack in his backyard. So there are also deer in Ward 4. He doesn’t know that they’re a nuisance, but says that there are just too many of them. Allowing deer to starve is not preferable to shooting them, he says. He’d learned a lot about urban deer from the emails, he says.

8:32 p.m. Lumm is adding more commentary and thanks her colleagues for their support.

8:32 p.m. Outcome: The council has voted to direct the city administrator to develop a deer herd management program.

8:32 p.m. DC-3 Remove reference to felony convictions on city job applications. The intent of this resolution is to make sure that city job applicants who have past felony conviction will not be barred from employment by the city of Ann Arbor – unless the exclusion is “job-related for the position in question and consistent with business necessity.” The resolution directs the revision of the city’s employment application to eliminate a requirement that applicants disclose past criminal records – except for police and fire department applicants. Criminal background checks will not be conducted until after an applicant is determined to be otherwise qualified for the position and has received a conditional offer of employment. This resolution is co-sponsored by Sabra Briere (Ward 1), Chuck Warpehoski (Ward 5), Jack Eaton (Ward 4) and Margie Teall (Ward 4).

8:36 p.m. Briere says that she’d attended county board of commissioner meetings on this topic and apologizes for not bringing it forward to the city council sooner. [The county board voted in August 2010 to eliminate the "felony box" from county job applications.] The idea is not to prevent staff from doing criminal background checks, but to constrain them from doing those checks until after an applicant is first considered for employment. She says she collaborated with Warpehoski and Eaton on the draft language as well as assistant city attorney Nancy Niemela on the issue.

8:37 p.m. The most difficult thing for a felon who has just been released from prison is to get that first job, she says. She asks her colleagues to support the change in policy. Warpehoski thanks Briere for doing the heavy lifting and Eaton for making valuable revisions to the resolution.

8:40 p.m. Warpehoski says that sometimes people check the box on felony convictions incorrectly because they do not understand that their conviction was a misdemeanor. WeROC and the city’s human rights commission and other organizations have worked on this issue, he says. The Interfaith Council for Peace and Justice, for which he serves as executive director, has also worked on it, he says.

8:42 p.m. Eaton says that his involvement in the resolution was inadvertent, as he’d happened on a conversation between Warpehoski and Teall and was allowed to join it. He points out that the first resolution goes beyond removing the box to state that it’s the city’s policy not to bar felons from employment. For certain jobs, the policy would still allow the city to take criminal past into consideration, he notes. “The best anti-crime program is a good job,” Eaton says.

8:42 p.m. Kailasapathy gives credit to the city’s human rights commission for working on the issue.

8:43 p.m. Petersen says by removing the felony box, the city could also be alleviating the homelessness problem.

8:43 p.m. Outcome: The council has voted to remove any reference to felony convictions on city job applications.

8:43 p.m. DS-1 Approve contract extension with CDM for FDD program. The council is being asked to approve a roughly $750,000 contract with CDM Smith Inc. for continued work in connection with the city’s footing drain disconnection (FDD) program. [For background, see FDD Contract above.]

8:46 p.m. Eaton says that he doesn’t think the council should approve the contract. It’s a lot of money for short time, he says. The city’s FDD program has been haunted by quality problems, he says. He says that the collection lines from the output at the house out to the curb drains have been installed at too shallow a depth, which causes them to freeze during cold weather. Eaton says the council should wait until the sanitary sewer wet weather evaluation study recommendation is made, before going ahead with this resolution.

8:48 p.m. Eaton says there’s $24,000 for support of a citizens advisory committee that rarely meets. The greatest concern to Eaton is the funding of the developer offset mitigation program in the contract, which he says should be paid for solely by developers. If the council does not pass this resolution, the city staff would pick up the slack in overtime, he says, so he’s asking his colleagues to support him in voting no.

8:49 p.m. Kunselman asks Craig Hupy, public services area administrator, to the podium.

8:50 p.m. Hupy confirms for Kunselman that there’s no longer a consent order from the MDEQ requiring footing drain disconnections. Kunselman now wants a breakdown of how many of the FDDs were done under the consent order. “We’ve been still going at it, because of our city ordinance?” asks Kunselman. Yes, and the fact that there’s a wet weather issue in the sanitary system, Hupy says.

8:52 p.m. Kunselman ventures that it would make sense to wait for the outcome of the sanitary sewer wet weather evaluation study. Hupy says that the work in the contract does not include any new single-family disconnections. There is some multi-family work that is included, Hupy says.

8:53 p.m. Kunselman says he’ll support at least a postponement, at least until the study is done. It’s a little gung-ho of the city to proceed when there’s no longer a consent order in effect, he says. The developer offset program should be funded by developers, he says. There’s a lot of unknowns, it’s a big chunk of money, and he’s not ready to spend it yet.

8:55 p.m. Briere says that one of her concerns about the Walden Hills multi-family development is that she’s not sure there are actually any connected footing drains. City staffer Ann Warrow, who has joined Hupy at the podium, says that three of the buildings are confirmed as connected and the city is pretty sure there are eight others that are connected. Briere asks why the city has not already done these disconnections.

8:59 p.m. Hupy says that multi-family units can be fairly complex, explaining that it can be a building-by-building process.

8:59 p.m. Briere says that because the dollar amount is large and CDM is being asked to do so many different things, she’s not sure what CDM will reasonably be able to accomplish. Hupy says that the contract would let the work go forward as the work is identified. A lot of the cost is due to construction, he says. CDM would only be paid for construction work that is completed, Hupy says. Briere ventures that we’re talking about a contract for eight months, during which time not all the deliverables might be actually delivered.

9:05 p.m. Hupy and Briere are engaging in a back-and-forth on the options that developers have besides FDDs. Briere says she doesn’t understand why this contractor is needed for the information management aspect of the contract. Briere wonders if this were delayed, if the staff could bring back a contract that is divided up among the tasks so that the citizen support component could be extended but not the other elements.

9:07 p.m. Hupy tells Briere that a different resolution could be crafted after two weeks. Petersen moves to postpone until May 19, to give staff time to respond to the concerns about the quality of work. Hieftje asks if there’s a negative impact to postponing for two weeks. Hupy says the only potential problem would be on the developer offset mitigation program. Hieftje doesn’t want to consider this on the same night as the budget, so he wants to postpone for a month. That’s the motion currently on the floor.

9:09 p.m. Teall says that she doesn’t want to see the resolution changed that much when it comes back. She questions whether contentions about the quality of work done by CDM are valid. She describes a lot of “angry” emails she’s received, but she has heard alternate viewpoints. Hupy returns to the podium to say that there are currently developments that need developer offset mitigation.

9:10 p.m. Hupy is describing how the developer offset mitigation program works. The first step is to make sure that a candidate building has confirmed connected footing drains that need to be disconnected.

9:13 p.m. Hupy, in response to a question from Eaton, says he’s not sure why the developers are not required to pay for all the certifications and inspections. He’s not sure why it was set up that way. To change it now would be changing the rules of the game on the developers in the middle of the game. Petersen says she wants to hear the two sides of the story during the one-month postponement. Hupy has indicated that some work will continue using staff discretion to approve expenditures under $25,000.

9:14 p.m. Kunselman comes back to the consent order. He confirms that since the consent order has been lifted, the ordinance has not been substantially modified.

9:17 p.m. Kunselman wants to see the ordinance revised to be practical. That’s the point of the current sanitary sewer wet weather project recommendation, Hupy says. Hupy says that he’s working currently under the council direction in 2012 to “go forth” and continue DOM. This contract is the vehicle to do that, Hupy says.

9:20 p.m. Anglin is asking about the Walden Hills multi-family unit.

9:20 p.m. Warpehoski checks to see if there have been sanitary sewage backups in the affected areas downstream of Walden Hills. No, says Hupy. Warpehoski is content to see it postponed for a month. Eaton says that he’ll support postponement, but if it comes back in the neighborhood of the same amount, he thinks it should be bid out new.

9:21 p.m. Lumm supports postponement, saying that she has the same concerns about re-upping with the same vendor that Eaton expressed.

9:25 p.m. Taylor says he’ll support postponement. But he stresses that his understanding is that much of the amount is contingent upon completion of construction work. He wants to know how much has been passed through the contractor and how much has been retained by the contractor in the history of this contract.

9:25 p.m. Outcome: The council has voted to postpone the contract with CDM for footing drain disconnection work until the council’s first meeting in June.

9:25 p.m. DS-2 Approve contract with Perimeter Engineering LLC ($100,000.00) and Stantec Consulting Michigan Inc. ($100,000). These contracts are for general construction inspection related services.

9:26 p.m. Outcome: The council has voted without discussion to approve the contracts with Perimeter and Stantec for construction inspection services.

9:26 p.m. DS-3 Approve purchase of 2 mowers/snow brooms ($100,853). The council is being asked to approve the purchase of two 2014 Toro model 7210 commercial six-foot wide mower/snow broom combination units at $50,426 each for a total of $100,853.

9:26 p.m. Briere says no one wants to think about winter but these units will help the city clear the pathways in parks.

9:27 p.m. Outcome: The council has voted to approve the mower/snow broom purchases.

9:27 p.m. DS-4 Approve contract with Game Time for playground improvements at Arbor Oaks, Scheffler and North Main Parks ($131,700) Arbor Oaks Park and Scheffler Park will have their play structures replaced, and North Main Park will be getting a tire swing and chess table. [For background, see Parks: Play Equipment above.]

9:28 p.m. Taylor says that the park advisory commission is excited about the improvements to Arbor Oaks. Taylor serves on PAC as one of two council representatives.

9:28 p.m. Briere says that neighbors of North Main Park will be happy.

9:29 p.m. Kunselman says that he’s going to talk about the park he used to play in as a kid – Scheffler Park. At that time, their play equipment was simply a big culvert, he says.

9:29 p.m. Outcome: The council has voted to approve the contract that will result in park improvements at North Main, Scheffler and Arbor Oaks parks.

9:29 p.m. DS-5 Accept a sidewalk easement at 2300 Traverwood Drive. This is a standard easement.

9:29 p.m. Outcome: The council has voted to accept the sidewalk easement at 2300 Traverwood.

9:34 p.m. Communications from council. Kailasapathy is making clear that her no vote on the EC appointments was against Westphal, not Hutton. She had also talked to Westphal at the Democratic chili cook-off last weekend about the fact that she was going to vote against his appointment. She recounts the reason that Jeff Hayner was not appointed to the public art commission last year – because Hayner was running for Ward 1 council at that time. Kailasapathy feels the same principle should be applied to Westphal’s appointment. She characterized her conversation with Westphal as pleasant. Hieftje reads aloud the email that he sent to Hayner, which he stresses did not mention any concern about political advantage.

9:36 p.m. Briere says that in the future, appointments can be divided so that people can vote for or against individual appointments. Lumm now wants to reconsider the resolution so that Kailasapathy’s vote can be clarified.

9:37 p.m. The council has now reconsidered the EC appointments. Briere moves to divide the question. Now the council is considering Hutton’s nomination.

9:37 p.m. Outcome: The council has voted unanimously to confirm Hutton’s reappointment to the EC.

9:39 p.m. Now the council is considering Westphal’s appointment. Briere is explaining that the appointment is actually the planning commission’s appointment. It’s a pro forma step for the council to ratify the appointment from the planning commission. Briere says she would find it difficult to tell the planning commission who should represent it on the environmental commission. Eaton says for the sake of consistency on appointing council candidates to boards and commissions, he’ll vote no.

9:41 p.m. Teall says she’s not clear about why the council needs to ratify the appointment. She says it’s confusing to have a double process. There’s also a difference between a mayoral appointment [like Hayner's appointment to the public art commission] and a council appointment. Taylor is agreeing with Teall.

9:45 p.m. Taylor says that voting no is disrespectful to the planning commission to reject its choice of who the commission wants to represent it. Westphal will without a doubt do an excellent job, Taylor.

9:45 p.m. Kunselman wants to know why the council is even considering this. He puts the question to Briere. Briere says she’d asked Powers. Powers looks puzzled. Warpehoski reads aloud the EC bylaws, saying that they indicate this “Ann Arbor two step.” Kunselman makes the argument based on continuity: If Westphal is successful, then the EC will need a replacement.

9:47 p.m. Petersen says that this appointment is wrapped up in a general concern that appointments to boards and commissions are not as transparent as they should be. Voting against this doesn’t solve that problem, she says.

9:50 p.m. Briere is arguing for the appointment based on the fact that it’s the planning commission’s representative.

9:50 p.m. Teall points out that earlier in the meeting, the issue of vacancies on the EC was raised: “Beggars can’t be choosers,” she says.

9:52 p.m. Anglin says that this is an opportunity for the council to make a decision and those who want to vote against it can do so.

9:53 p.m. Outcome: The council has voted to confirm Westphal’s appointment to the EC over dissent from Kunselman, Eaton, Anglin and Kailasapathy.

9:55 p.m. Warpehoski thanks the Water Hill neighborhood for its hospitality over the weekend for the Water Hill Music Fest. He asks for input on a statement by the city on the topic of potential future drilling west of town. He’ll be bringing forward a resolution on that.

9:57 p.m. Kunselman is alerting the council to the property at 3045 Springbrook, which caught on fire a year ago. He wants to know why the property has not come before the building board of appeals. He also notes that the property is still claiming the homestead exemption, even though no one lives there.

9:57 p.m. Clerk’s report. Outcome: The council has voted to receive the clerk’s report.

9:57 p.m. Public Comment. There’s no requirement to sign up in advance for this slot for public commentary.

9:59 p.m. Thomas Partridge is complaining about noise caused by landscape contractors in the evenings.

10:01 p.m. Closed session. The council has voted to go into closed session to discuss pending litigation and written attorney-client privileged communications.

10:21 p.m. We’re back.

10:21 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.

May 5, 2014: City Council Preview

Dave Askins — Fri, 02 May 2014 13:54:07 +0000

Screenshot of Legistar – the city of Ann Arbor’s online agenda management system. Image links to the May 5, 2014 meeting agenda.

A separate budget-related public hearing on May 5 will be held on fee increases in the community services area. Notable is the proposed increase in the fees for stalls at the farmers market. The annual fee for one stall will increase from $300 to $450.

Also on the agenda are two contracts for general construction inspection work, each for $100,000, with Stantec Inc. and Perimeter Inc.

Mowing and snow clearance in city parks in the future be handled with two mower/snow-broom combination units, if the council approves the purchase from Spartan Distributors for $101,000.

Three land-use items that were recommended for action by the city planning commission appear on the council’s May 5 agenda.

Appointments to the city’s environmental commission (EC) are on the May 5 agenda, having been postponed at the council’s April 21 meeting. All three that appeared on the April 21 agenda were re-appointments for currently serving members of the EC: Kirk Westphal, David Stead, and Susan Hutton. However, the intention at the May 5 meeting is to substitute the original resolution with one that does not include Stead.

Public Hearings

Public Hearing: FY 2015 Budget

The $98.1 million of general fund expenditures in FY 2015 will include $95.3 million in recurring expenditures and $2.8 million in one-time expenses.

Powers presented the proposed budget to the city council at its April 21 meeting.

Public Hearing: FY 2015 Community Service Fees

If approved by the council, the fee increase would be projected to generate $26,000 in additional revenue. However, this additional revenue has not been assumed in the proposed FY 2015 budget.

FDD Contract

A significant voting item on the agenda is a roughly $750,000 contract with CDM Smith Inc. for continued work in connection with the city’s footing drain disconnection (FDD) program. In 2012, the city’s program to disconnect footing drains from the sanitary sewer system was suspended by the council in some areas of the city. Specifically, it was suspended in the Glen Leven and Morehead (Lansdowne neighborhood) areas. It was allowed to continue in other geographic areas and as part of the city’s developer offset mitigation (DOM) program. The DOM requires owners of new developments to complete a certain number of FDDs to offset the additional flow in the sanitary system caused by new construction.

Land Use

Land Use: Initial Approval – Drive-Thrus

Currently, drive-thrus are allowed in C3 districts without a special exception use. They are allowed as special exception uses in the C2B district.

When considering whether to grant a special exception use – which does not require additional city council approval – the planning commission considers these issues:

1. Is the location, size and character of the proposed use compatible with the principal uses of the district and adjacent districts? Is it consistent with the Master Plan? Is it consistent with the surrounding area? Will it have any detrimental effects to the use or value of surrounding area, or the natural environment?

2. Is the location, size, character, layout, access and traffic generated by the use hazardous or inconvenient or conflicting with the normal traffic of the neighborhood? Is off-street parking safe for pedestrians? Do the necessary vehicular turning movements block normal traffic flow? Are any additional public services or facilities needed by the use, and will they be detrimental to the community?

3. Is the maximum density and minimum required open space at least equal to the standards normally required by the Zoning Ordinance for the district?

This item would require a second vote by the council at a future meeting for final approval.

Land Use: Initial Approval – 515 Oxford (Delta Gamma)

The council will be asked to consider a rezoning request for 515 Oxford, to convert a house for use as an annex to the Delta Gamma sorority. The main sorority house is located nearby at 626 Oxford.

Aerial view showing the location of 515 Oxford, south of Geddes and at the eastern end of South University.

The proposal for a renovation would accommodate a maximum of 20 residents, including a required resident manager.

Land Use: Stapp Nature Area

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

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.

This item was given initial approval at the council’s April 7, 2014 meeting.

Parks

Two items related to parks appear on the agenda: a contract for upgrades to play equipment in three parks; and approval of the purchase of two combination mower/snow-brooms.

Parks: Play Equipment

Arbor Oaks Park is located in Ward 3 in the southeast quadrant of the city. Image links to interactive map by the city of Ann Arbor.

Parks: Mowing/Snow-Removal

The council will be asked to approve the purchase of two 2014 Toro model 7210 commercial six-foot wide mower/snow broom combination units at $50,426 each for a total of $100,853.

The two Toros will replace two walk-behind mowers and three riding mowers.

Sidewalks

Newport Road sidewalk stretch.

Environmental Commission Appointments

However, the intention now is to substitute a resolution at the May 5 meeting that will not include Stead. In an email to other councilmembers from Sabra Briere (Ward 1) on May 2, she indicated that she’d be offering the substitute resolution, saying, “David Stead has decided that his life is busy enough he cannot do justice to serving on the commission.”

There are no term limits for Ann Arbor city boards and commissions, except those highlighted in the city charter as having a six-year maximum, but several councilmembers have expressed concerns about the length of service by some members of some boards and commissions preventing a broader range of participation in local governance. Most recently, the issue arose in connection with the re-appointment of Wayne Appleyard to the energy commission on Oct. 23, 2013. Also a factor in the 8-3 confirmation vote for Appleyard was his non-city residency.

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

Deer Herd Management

Updated: Washtenaw County commissioner Andy LaBarre has sent an email to the city council expressing his support for the resolution, and an indication that he will be putting forward a similar resolution for the board of commissioners to consider. [.pdf of LaBarre's email]

Since 2004, the number of vehicle-deer crashes in Washtenaw County has shown a slight downward trend. (Data from michigantrafficcrashfacts.org, chart by The Chronicle)

Since 2004, the number of vehicle-deer crashes in Ann Arbor has shown a slight upward trend. (Data from michigantrafficcrashfacts.org, chart by The Chronicle)

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Brigham Home To Get Upgrade, Expansion

Mary Morgan — Thu, 17 Apr 2014 21:40:16 +0000

Ann Arbor planning commission meeting (April 15, 2014): A revised version of renovations and expansion at 515 Oxford – a house originally designed by architect George Brigham in 1940 – will move to the city council for approval, following action by the city’s planning commissioners.

Robb Burroughs, architect for renovations at 515 Oxford. (Photos by the writer.)

At a meeting with a third of the nine-member commission absent, the group voted unanimously to grant a special exception use that will allow the building to be used by the Delta Gamma sorority. It will be limited to 20 residents, and will be used as an annex to the main sorority house down the street.

The commission also recommended approval of a “planned project” site plan, which will now be forwarded to city council for consideration. Unlike a preliminary version of the project – when the architect had been unaware of the building’s historical significance – the current proposal works to preserve the integrity of the original design. The new design keeps the existing structure, but nearly doubles the square footage with an addition in the back.

During deliberations, some commissioners mentioned the relatively large amount of correspondence they’d received about this project, including letters from several preservation groups – a2modern, Detroit Area Art Deco Society, the Michigan State Historic Preservation Board, and the Washtenaw County Historic District Commission. The house is not located in an historic district, and is not protected by any other historic designation.

City planner Jill Thacher, who serves as support staff for the city’s historic district commission, said she appreciated that the renovations are sensitive to the history of the structure, keeping the front design in tact and minimizing the overall visual impact of the rear addition.

This was the only major agenda item in a relatively brief meeting that lasted about an hour. The commission’s next regular meeting is on May 6 and will be held at the county administration building at 220 N. Main. The second floor of city hall, where the commission’s meetings are typically held, will be used by election staff for the May 6 transit millage vote.

Before then, the commission will hold a retreat on April 29 starting at 3 p.m. at the NEW Center, 1100 N. Main. It will likely last until about 8:30 p.m. and will include a walking tour of the area.

Delta Gamma Annex

Ann Arbor planning commissioners acted on two requests related to converting a house at 515 Oxford for use as an annex to the Delta Gamma sorority.

Aerial view showing the location of 515 Oxford, south of Geddes and at the eastern end of South University.

First, commissioners were asked to grant a special exception use to allow the house to be used as a sorority. The main sorority house is located nearby at 626 Oxford.

In a separate item, commissioners were asked to recommend approval of a “planned project” site plan, conditional on rezoning the site from R4A (multi-family dwelling) to R2B (two-family dwelling and student housing). The rezoning request, which the commission recommended for approval on Jan. 23, 2014, has been forwarded to the city council.

According to city planner Jill Thacher, who gave the staff report, the timeline for this project is coordinated so that the site plan will be on the same council agenda as the second reading of the rezoning request.

The two-story house at 515 Oxford includes two one-story wings on the building’s north and south sides. It is currently a rental property with three units – a studio apartment, one-bedroom apartment, and four-bedroom apartment – and a maximum occupancy of 8 people.

The proposal for a renovation would accommodate a maximum of 20 residents, including a required resident manager. The structure would be expanded, with an addition to be constructed in the back that roughly doubles the building’s square footage – from 3,089 square feet to 6,490 square feet. The renovation would retain the north wing, which doesn’t meet current zoning setback requirements. [The original proposal had called for demolishing that section of the house.] A second story would be added to the south wing, which also encroaches into the required rear setback.

City planner Jill Thacher.

The original wood siding would remain on the existing structure, and most of the windows will be replaced with casement windows – similar to those used in the original house. An existing carport in the front would be glassed in and used as the front entry. A trellis structure that was part of the original house will be restored.

The site would include four parking spaces – three parallel spaces along the driveway and one in back – and more than 10 bicycle parking spaces. The shared driveway, on University of Michigan property, is used by the house and the adjacent Oxford Housing, a UM complex.

Planned projects allow for variations of the city’s area, height and placement requirements, if certain criteria are met. Among those criteria are “preservation of historical or architectural features.” In this case, reduced side and rear setbacks are being requested to allow the original footprint of the Brigham house and studio to be retained to preserve the house’s existing façade. The house is not located in a historic district.

The commission received more than a dozen letters and emails about this project. Several communications focused on concerns about compromising the building’s historic integrity – from representatives of the Detroit Area Art Deco Society, the Michigan State Historic Preservation Board, the Washtenaw County Historic District Commission, and a2modern, a group created to highlight mid-century modern architecture in Ann Arbor.

Communications were also received in support of the project from sorority representatives and neighbors. One email from George Price was particularly pointed:

Apparently, this property was designed by some distant relative of mine, and now there is a bunch of whining from various relatives about how turning the property into housing for Michigan students is some kind of crime against humanity or some such nonsense. But I have been asked by people who otherwise couldn’t pick me out of a lineup to email you expressing my love of this house I was once dragged to kicking and screaming.

You can tear the place down for all I care, and I hope you do, just so I can laugh at the complaints of these idiots. Definitely don’t waste the public’s resources debating the completely legal rezoning of this property any further.

The site is owned by Dan Pampreen and is located in Ward 2. The project is estimated to cost about $250,000.

The project includes a park contribution of $5,580 that was requested by the city. It will be used for a nearby park – either the Forest Avenue plaza, South University Park, or Burns Park.

Thacher reported that the planning staff strongly supports this project. The building isn’t in an historic district and doesn’t have any historic designation. She said she appreciated that the renovations are sensitive to the history of the structure, keeping the front design in tact and minimizing the overall visual impact of the addition.

Delta Gamma Annex: Public Hearing

Two people spoke during the project’s public hearing. Al Pass introduced himself as a member of a2modern, but said that his remarks were his own personal comments.

Al Pass, a member of a2modern, spoke during a public hearing on the 515 Oxford project.

He clarified with Jill Thacher that the current proposal does not entail demolishing the north wing, as the original proposal did. She said the drawings that Pass had brought with him were from a citizens participation meeting and had been drastically changed since then.

Pass said he didn’t have much of a problem with the project as it’s designed now. The house is part of Ann Arbor’s architectural legacy, and he felt that the project tried to accommodate that. Ann Arbor has a unique collection of mid-century modern architecture, he noted.

Pass observed that the house isn’t protected under an historic district. Most homes that belong to that era – by Robert Metcalf and other architects – typically are still used as family residences. The 515 Oxford site is one of the exceptions in that regard. He suspected trying to put these houses into an historic district would meet with considerable opposition.

He asked planning commissioners if there was a way that they could work with the city’s historic district commission, a2modern and perhaps the University of Michigan Taubman College of Architecture and Urban Planning – since many of these architects were also faculty members – to find some mechanism to protect these buildings in the future.

Robb Burroughs, the project’s architect, told commissioners that after the project was initially submitted to the city, he learned that the house was an “architectural gem” by George Brigham. At the commission’s January meeting, he noted, he had very clearly represented “our major mea culpa” with regards to the original design. The new design is an attempt to retain the vestiges of the house relatively in tact. That’s why, in working with the city planning staff, they decided to pursue a planned project approach, he said, which gives them the latitude to preserve the house.

From left: Architect Robb Burroughs, a Delta Gamma representative, and Dan Pampreen, owner of 515 Oxford.

He showed images of the current condition of the house, as well as renderings of the proposed design. He highlighted some of the significant elements that are character-defining of the original house, including a trellis that will be replaced, and reconstruction of a “terribly degraded carport.” The carport will be enclosed in a very transparent way, he said, so that it won’t downplay the other elements of the house.

He noted that the second floor addition will be slightly higher than the main house. He and another architect who worked on the design didn’t want to “clone” the existing house, in terms of the overall design. So there’s a slight bump up in the southeast rear corner, to create a terracing or scalloping effect.

The first floor of the new addition will primarily be gathering space. Many of the existing ceilings in the house are shorter than eight feet, he said. The new addition will have higher ceilings, which also accounts for the higher building height. Viewing the house from the front, the height of the rear addition is minimized because of the grade change in the front. It’s about a six-foot drop from the front to the sidewalk, and an even greater drop to the opposite side of the street. So there’s a significant topographic change, which minimizes the visual impact of the rear addition, he said.

Delta Gamma Annex: Commission Discussion

Ken Clein confirmed with staff that the sorority will rent the property from the owner. So in the future, Clein said, it might be rented to another tenant. Jill Thacher replied that in R2B zoning, the requested special exception use would allow for a sorority, fraternity or student cooperative. He confirmed that it shouldn’t be used for general student housing, though he noted that it would be hard to enforce that.

Sabra Briere noted that the house could in the future be used as a single-family residence or duplex, or boarding house – if a different special exception use were requested and granted. Those are also allowed in R2B, she noted. So while the current special exception use would limit the use to a fraternity, sorority or student cooperative, “there’s still a variety of alternatives,” Briere said.

[In a follow-up phone conversation with The Chronicle, planning manager Wendy Rampson explained that a special exception use would also be required in order to operate a boarding house at that site. No special exception use would be required to use the house as a single-family or duplex residence.]

Planning commissioner Wendy Woods.

Clein wondered if the renovations require that the home must be made ADA accessible. The project’s architect, Robb Burroughs, replied that because of the amount of square footage that’s being added, there are certain accessibility requirements that must be met. Those issues will be dealt with at the building code level, he said.

Clein said he was asking because he didn’t want any surprises later that might change the design dramatically, because of accessibility requirements. Burroughs said he didn’t think that would happen.

Wendy Woods clarified with staff that there won’t be a garage. Historically, Thacher explained, a garage was designed in the southeast corner of the building, but at some point it was converted into housing. Burroughs added to the explanation, describing George Brigham as “one of the early landlord converters.” The original drawings for the house, which are archived at the Bentley Historical Library, show that space in the southeast corner as a two-car garage, he reported. But in later plans, it was converted into an occupied space – for Brigham’s studio. So it doesn’t appear that it was ever a garage, he said.

Responding to another query from Woods, Burroughs explained that the house was originally a duplex, and the northern wing has its own separate entry. So that’s where a standalone suite will be located for the sorority’s resident manager. There will be an outside entrance to that suite, but also a connection directly into the main house.

Woods wondered whether fraternities or student cooperatives also require a resident manager. If not, what happens to that resident manager’s living space? Thacher replied that sororities and fraternities require resident managers, but student co-ops don’t. Thacher said the design for the resident manager’s suite could be easily integrated into the house. She clarified for Woods that if any tenant wanted more than 20 residents there, they’d have to apply for a new special exception use.

Kirk Westphal asked if the sign on the structure for “Dan’s Houses” will remain. Speaking from the audience, owner Dan Pampreen indicated that the sign will be removed.

Responding to another query from Westphal, Thacher reported that she hasn’t received any feedback from UM about this project.

Planning commissioners Paras Parekh and Sabra Briere.

Briere noted that the original design was innovative in using differently angled wings, but in the renovations “the wing concept seems to have disappeared.” She understood that it might not fit with the proposed use, but the wings had “really made dynamic building.” She said she was just voicing a little regret about that, adding that she appreciated the restoration.

Westphal referred to the correspondence that planning commissioners had received about this project, which included some passionate arguments for preserving the house in its current state – with the hope that it would be reestablished as a single-family residence or some other use that wouldn’t require expansion. He noted that it’s a struggle when a site is located near the university, which affects property values. He asked Thacher to speak about the tension between restoration and upgrades for a different use.

Thacher said that one thing weighing heavily on her mind, when looking at the site plan, is the location. It’s on Oxford, where several fraternities and sororities are located. To the north, there’s a rental property. The site is also adjacent to Oxford Housing, a large student housing complex. Nearby on South University, there’s a mix of rental and single-family owner-occupied houses. Angell Elementary School is down the street.

Personally, she thought it was very appropriate to expand sorority and fraternity use to this lot. It’s a location that would have less of an impact on neighbors than many other sites around town, she said. And unfortunately, Thacher added, it’s not a protected historic resource. “They could, if they wanted to, just bulldoze the whole thing and start over and build the biggest box that they possibly could.”

Instead, they’ve chose to take the “riskier” planned project approach, she noted, in order to preserve the existing structure. “I do appreciate that they’ve taken that leap,” Thacher said, and that it will preserve the north wing and much of the facade.

Planning commissioner Diane Giannola.

Woods brought up the correspondence too, noting that there were a range of opinions. Some people are concerned about how the building will look and whether it’s in keeping with Brigham’s original architecture. Others are concerned about how the building will be used, she said. It was interesting for her to read that Brigham had his students come to his studio there, Woods noted, “so in a way this is really bringing students back into the building.”

Given that the building is set back from the street and that it would be difficult to see the addition, Woods didn’t think that the integrity of the building is being damaged by this proposal. She appreciated the fact that the building was being renovated and upgraded.

Woods asked for feedback from Diane Giannola, who previously had served on the city’s historic district commission.

Giannola replied that she mostly agreed with Thacher’s assessment. The deciding factor for Giannola was whether a building is located in an historic district. “You can’t just protect everything all the time,” she said.

Clein agreed that the plan is appropriate, given the surrounding uses are primarily student housing. It seems like an appropriate special exception use for this property. As an architect, Clein said, he might quibble with some of the details of the proposed work, “but that’s normal for us architects.”

Outcome: On two separate votes, the commission voted to grant the special exception use and to recommend approval of the site plan. The site plan will now move to city council for consideration.

Communications & Commentary

Every meeting includes several opportunities for communications from planning staff and commissioners, as well as two opportunities for public commentary. Here are some highlights from April 15.

Communications & Commentary: Upcoming Meeting, Retreat

Planning manager Wendy Rampson reminded commissioners that their next meeting, on May 6, will be held at the Washtenaw County boardroom at 220 N. Main. That’s because the second floor of city hall, where meetings are typically held, will be used by election staff. A transit tax is on the ballot for May 6.

Planning manager Wendy Rampson.

She also noted that the commission’s retreat is scheduled for April 29 starting at 3 p.m. at the NEW Center, 1100 N. Main. It will likely last until about 8:30 p.m. and will include a walking tour of the area.

Communications & Commentary: City Council Update

Sabra Briere, who serves as the city council’s representative on the planning commission, reported that the council’s April 7 meeting had included action regarding the Library Lane site. The council increased the size of the area to be designated as a park to about 12,000 square feet, extending across the frontage of South Fifth Avenue, with a northern boundary to be determined. Previously, the council had passed a resolution designating a range of 6,500 to 12,000 square feet, also along South Fifth Avenue.

Briere noted that the council had reconsidered a resolution to hire a broker to explore selling development rights to the site, but had again decided to move forward with that process. She expected that at the next council meeting, on April 21, there will be action on determining a public process for that effort. Briere said she’s heard a lot of concern from people who think there’s already been a lot of public process about that site. But she noted that the discussion has always been about whether to have a public space there, “and very little about what it should accomplish for the city.” Some people have advocated for one view or another, she added, but addressing the question of what the site should accomplish for the city hasn’t been approached in a formal way.

Communications & Commentary: DDA Streetscape Framework

Ken Clein, who represents the planning commission on the partnerships committee of the Ann Arbor Downtown Development Authority, reported that the DDA is holding its first advisory committee meeting for the streetscape framework project on May 1. He’ll be representing the planning commission as 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.]

The meetings are open to the public. The May 1 meeting runs from 9 a.m. until 1 p.m. Planning manager Wendy Rampson noted that the May 1 meeting will begin as a walking tour, looking at different components of the existing streetscape downtown to determine what works and what doesn’t work. A public forum on this project will be held sometime in late May or early June, she said.

[Responding to a follow-up query from The Chronicle, Amber Miller – the DDA's planning and research specialist – reported that the May 1 advisory committee meeting will be held starting at the DDA offices, 150 S. Fifth Ave., Suite 301. On May 2, the consultants on the project will meet with DDA board members, but a time for that meeting – which is also open to the public – hasn't yet been set. She indicated that more details will be posted on the project's website.]

Communications & Commentary: Public Commentary

Changming Fan spoke about his company, TiniLite World Inc., which he noted has been registered in Ann Arbor since 1996. The firm is the innovator, producer and supplier of new technology called TiniLite, he said. It’s a lighting display using LED lights, cell phones, and wireless Internet. Ann Arbor is a tech town, he said. It has potential, but unfortunately many young people move away. He said he continues to stay because he believes this is the best town. It’s important to develop technology, including TiniLite, to help underserved residents, he said. He hoped planning commissioners could help him.

Present: Sabra Briere, Ken Clein, Diane Giannola, Paras Parekh, Kirk Westphal, Wendy Woods. Also: City planning manager Wendy Rampson.

Absent: Eleanore Adenekan, Bonnie Bona, Jeremy Peters.

Next meeting: Tuesday, May 6, 2014 at 7 p.m. in Washtenaw County administration building’s boardroom, 220 N. Main St., Ann Arbor. [Check Chronicle event listings to confirm date]

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Site Plan for Sorority on Oxford OK’d

Chronicle Staff — Wed, 16 Apr 2014 00:48:38 +0000

Ann Arbor planning commissioners acted on two requests related to converting a house at 515 Oxford for use as an annex to the Delta Gamma sorority. The action took place at the commission’s April 15, 2014 meeting.

Aerial view showing the location of 515 Oxford, south of Geddes and at the eastern end of South University.

First, commissioners granted a special exception use to allow the house to be used as a sorority. The main sorority house is located nearby at 626 Oxford.

In a separate vote, commissioners recommended approval of a “planned project” site plan, conditional on rezoning the site from R4A (multi-family dwelling) to R2B (two-family dwelling and student housing). The rezoning request, which the commission recommended for approval on Jan. 23, 2014, has been forwarded to the city council.

According to a staff memo, the timeline for this project is coordinated so that the site plan will be on the same council agenda as the second reading of the rezoning request.

The two-story house at 515 Oxford includes two one-story wings. It is currently a rental property with three units – a studio apartment, one-bedroom apartment, and four-bedroom apartment – and a maximum occupancy of 8 people. One of the units is in a former garage. The existing house was designed by George Brigham and built in 1940 as his home and architectural studio. He designed over 40 houses in Ann Arbor, including many in Arbor Hills and Barton Hills.

The proposal for a renovation would accommodate a maximum of 20 residents, including a required resident manager. The structure would be expanded, with an addition to be constructed in the back that roughly doubles the building’s square footage. An existing carport in the front would be glassed in and used as the front entry. The site would include four parking spaces and more than 10 bicycle parking spaces.

Communications were also received in support of the project from sorority representatives and neighbors. One email from George Price was particularly pointed:

Apparently, this property was designed by some distant relative of mine, and now there is a bunch of whining from various relatives about how turning the property into housing for Michigan students is some kind of crime against humanity or some such nonsense. But I have been asked by people who otherwise couldn’t pick me out of a lineup to email you expressing my love of this house I was once dragged to kicking and screaming.

You can tear the place down for all I care, and I hope you do, just so I can laugh at the complaints of these idiots. Definitely don’t waste the public’s resources debating the completely legal rezoning of this property any further.

The site is owned by Dan Pampreen and is located in Ward 2. The project is estimated to cost about $250,000.

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

Rezoning for Delta Gamma Moves to Council

Mary Morgan — Mon, 27 Jan 2014 15:10:33 +0000

Ann Arbor planning commission meeting (Jan. 23, 2014): Only one project was on the agenda for consideration by the planning commission on Jan. 23: rezoning and an area plan for a house that the Delta Gamma sorority wants to convert into a residential annex.

Members of the project team for 515 Oxford, which will be an annex to the Delta Gamma sorority. (Photos by the writer.)

The 515 Oxford property is near the main sorority house at 626 Oxford, and is currently split into three apartment units. Planning commissioners recommended approval of the request to rezone the parcel from R4A (multi-family dwelling) to R2B (two-family dwelling and student housing).

Additional approvals for the project itself will be required before the project’s construction work can begin.

The house was designed by architect George Brigham and built in 1940 as his home and studio. He designed over 40 houses in Ann Arbor, including many in Arbor Hills and Barton Hills. Planning staff reported that they were contacted about this site by a2modern, a group created to highlight mid-century modern architecture in Ann Arbor. On Jan. 23, the group posted a “statement of concern” about the proposal on its website.

At the planning commission meeting, Robb Burroughs, the project’s architect, said that until they were alerted by a2modern, the design team hadn’t been aware of the site’s history. They’ve now done research at the Bentley Historical Library and have met with a representative from a2modern, and are working on the site plan to preserve to the greatest extent possible the exterior view of the house.

The rezoning request and area plan, which commissioners also recommended for approval, will now be considered by the city council.

In other action on Jan. 23, commissioners voted to recommend that the city council reappoint Kirk Westphal as the planning commission’s representative to the environmental commission. Westphal, who chairs the planning commission, did not participate in the vote, and vice chair Wendy Woods led the meeting as the commission acted on that item.

During communications time, planning manager Wendy Rampson noted that the city council had passed a resolution at its Jan. 21, 2014 meeting regarding the downtown zoning review. The council has directed the planning commission to develop ordinance language that would enact the commission’s recommendations for zoning revisions, with a deadline of Oct. 20, 2014. The commission’s ordinance revisions committee will meet on Feb. 4, before the regular planning commission meeting, to start figuring out how to implement these council directions.

In other communications, Bonnie Bona reported that the energy commission plans to propose a commercial energy disclosure ordinance for the city council’s consideration. They’d like the planning commission to consider a resolution in support of that. An energy disclosure ordinance would require owners of certain properties to report how much energy their buildings use.

Delta Gamma Annex

Planning commissioners were asked to recommend approval of a rezoning request and area plan for 515 Oxford, to convert a house for use as an annex to the Delta Gamma sorority. The main sorority house is located nearby at 626 Oxford.

Aerial view showing the location of 515 Oxford, south of Geddes and at the eastern end of South University.

The request, supported by the city’s planning staff, is to rezone the parcel from R4A (multi-family dwelling) to R2B (two-family dwelling and student housing). Most of the surrounding parcels are zoned R2B, although the site immediately to the north is also zoned R4A. Also nearby is public land (PL) where the University of Michigan’s Oxford Houses complex is located.

The proposal for a renovation would accommodate a maximum of 20 residents, including a required resident manager. A special exception use will also be required to allow for a sorority use. That request will be made to the planning commission at a later date, along with a more detailed site plan. In giving the planning staff report, Jill Thacher noted that most of the women living in the annex would take their meals at the main sorority house.

The structure would be reconfigured on the site and expanded. A tentative plan calls for removing a one-story wing and replacing it with a two-story wing that would be set back further from the north property line, to conform with city zoning. The site would include four parking spaces and more than 10 bicycle parking spaces.

The entrance to the driveway is located directly across from the end of South University. The back of the driveway, which is shared with other properties, connects to walkways that go into the Oxford Houses complex. Thacher noted that none of the current driveway is actually within the site’s property lines, although part of it lies within a permanent easement to the south.

The existing house was designed by George Brigham and built in 1940 as his home and architectural studio. He designed over 40 houses in Ann Arbor, including many in Arbor Hills and Barton Hills. Planning staff reported that they were contacted about this property by a2modern, a group “formed to raise awareness of and appreciation for mid-century modern architecture in Ann Arbor,” according to a staff memo. On Jan. 23, the group posted a “statement of concern” about the proposal on its website. In part, it states:

We urge that the planning commission support proposals that maintain the original design integrity instead of approving an exception to change it beyond recognition. The home’s historic character can be retained and any adaptive reuse should be sympathetic to the structure’s original intent while meeting existing planning codes and setbacks. This approach offers a win-win solution that balances neighborhood values with reuse needs.

The statement is signed by the a2modern board: Tracy Aris, Nancy Deromedi, Linda Elert and Grace Shackman. The staff and owner are discussing how to renovate and expand the structure without significantly altering its main features. Thacher noted that the house isn’t located in an historic district, and isn’t designated as a historic structure.

Rendering of proposed renovations and expansion at 515 Oxford.

Rezoning is requested because the area and placement standards of the R4A zoning would limit the building’s renovation for group housing. At this point, the proposal includes an area plan, which isn’t as detailed as a site plan.

The site, owned by Dan Pampreen, is located in Ward 2.

Delta Gamma Annex: Public Hearing

The only speaker during the project’s public hearing was Robb Burroughs of OX Studio. He highlighted the citizens participation ordinance meeting that was held on Nov. 15, 2013. Representatives of the Oxbridge neighborhood association attended, he said. “I think it’s fair to say they were in full support of this project.” [.pdf of CPO meeting report]

Burroughs also noted that they learned about the home’s history shortly after they submitted the rezoning request and area plan. “Mea culpa” for not knowing about it, he said, as a local architect, resident and lover of mid-century modern architecture. The entire design team had been completely unaware that it was George Brigham’s home, he said. It has a strong character from the street, but up close, Burroughs said, it’s “not quite as elegant any longer – I guess that would be a very safe way of phrasing it.” For example, very few of the original built-in pieces remain in the interior, he told commissioners.

Even so, the design team has embraced this history, Burroughs said, and they’ve had formal discussions with Nancy Deromedi of a2modern. They’ve also done research at the Bentley Historical Library to review Brigham’s archives, he said, including the original architectural plans that Brigham drafted himself. Burroughs noted that the garage was an addition that was later converted to an office. “Even back in the ’50s, developers liked to play little tricks of hand,” Burroughs joked, by getting a project approved and then changing its purpose.

The design team is working on the site plan to preserve to the greatest extent possible the exterior view of the house. He said they’ll likely pursue a “planned project” from the city in order to retain the north wing, which currently is closer to the property line than the city’s zoning code allows – it doesn’t have a conforming setback from the property line. He hoped the commission would support the rezoning request and area plan.

Delta Gamma Annex: Commission Discussion

Bonnie Bona asked Jill Thacher if commissioners should be concerned about whether the proposed area plan might differ from the eventual site plan. Thacher replied that the area plan is conceptual. The project isn’t proposing to tear down the existing building, “so you kind of know what the starting point is,” she said.

Jill Thacher of the city’s planning staff.

If a “planned project” is eventually proposed, it wouldn’t make any of the conditions less conforming, Thacher noted – because the building already is non-conforming with city code. The structure wouldn’t be going any closer to the property lines, she noted. A planned project would simply allow the building to keep the existing setback.

What’s likely to change is the design within the building footprint, Thacher said, but not the footprint itself.

Planning manager Wendy Rampson noted that the area plan doesn’t allow the project to move ahead on any construction.

Bona then asked what kind of flexibility the planning commission has under a planned project approach, in terms of preserving features of the building that “would be just an opinion call.” Thacher replied that there’s language under planned projects that refers to preserving neighborhood character.

By way of background, planned projects allow for variations of the city’s area, height and placement requirements, if certain criteria are met. Among those criteria are “preservation of historical or architectural features.”

Bona also wanted to know about the parking spaces. There are two spaces in a garage, and two along the house. There’s a lot of pavement in addition to that, Bona said, adding that more cars would likely be parked there – “I guarantee it.” She wondered if the city needs to be stricter about that.

Thacher explained that the paved area isn’t large enough to be deemed a parking lot. It’s less than 1,200 square feet, and has only two spots that are outside. However, she acknowledged that it looked like it would be easy to park more cars there. Planning staff haven’t talked about this with the design team yet. Thacher noted that there’s also a carport in front of the house, and she’d prefer to have the cars parked in back on the pavement, as long as the vehicles don’t obstruct access to other buildings.

Bona hoped that the pavement could be reduced as much as possible. She encouraged the design team to figure out how many spaces they really needed, then eliminate any pavement beyond that.

From left: Planning commissioners Eleanore Adenekan and Diane Giannola.

Wendy Woods asked about the easement on the shared driveway. She was curious about how the driveway functioned as a walkway. Thacher showed a slide that indicated the location of various sidewalks and walkways near the house, including some that led into Oxford Houses. “It’s a web of sidewalks back there,” she said. But there’s not a dedicated sidewalk along the driveway. Rather, it’s a drive that’s shared by pedestrians and vehicles.

Woods said she assumed the maintenance of the drive and walkways were the responsibility of the property owners. She asked about the sidewalk in front of the house. Thacher explained that there’s a public sidewalk in front of the house, connecting to a crosswalk across Oxford and over to South University. There’s a sharp grade change between the street-level crosswalk and the sidewalk, so rather than putting in steps, the city built a curved ramp to make it accessible.

In giving her staff report earlier in the meeting, Thacher had noted that the ramp hasn’t been shoveled in a while “and really is unusable.” During the commission’s deliberations, she told Woods that clearing the ramp is the property owner’s responsibility. She also noted that there are trash bins at the end of it. “So I was going to have a little conversation with the property owner about that,” Thacher said.

Jeremy Peters indicated support for rezoning, saying it seemed a good fit with the surrounding R2B zoning. He was pleased that the project team is talking with a2modern about preserving as much as possible the original character of the historic house. He hoped to see that reflected in the future site plan.

Kirk Westphal asked about bicycle parking. Thacher explained that the property needs at least five Class A spaces and five Class B spaces, though they are allowed to exceed that. The design team is proposing 10 Class A spots and will need an additional five Class B spaces. She said the details will be worked out in the site plan phase. [Class A spaces are located in an enclosed storage area. Class B spaces are covered bike racks. Class C spaces are fixed bike racks that aren't required to be inside or covered.]

Westphal said he supported the rezoning and area plan, but had several issues that he wanted to see addressed when the site plan comes forward. That includes bicycle parking, the condition of the house, and the brush and other detritus in the back yard.

Outcome: Commissioners voted unanimously to recommend the rezoning and area plan for 515 Oxford. The recommendation will be forwarded to the city council for consideration.

Appointment to Environmental Commission

Added to the agenda during the Jan. 23 meeting was a resolution recommending the reappointment of Kirk Westphal as the planning commission’s representative to the environmental commission.

Planning commissioners Eleanore Adenekan and Kirk Westphal, who chairs the commission.

Diane Giannola put forward the resolution. At that point, Westphal turned the meeting over to Wendy Woods, the commission’s vice chair, and he stepped down to sit in the audience. He was immediately swarmed with students from Skyline High School who asked him to sign sheets attesting to their attendance for a government class assignment.

There was no discussion on this item.

Outcome: The resolution recommending the reappointment of Kirk Westphal to the environmental commission was passed unanimously. Westphal did not vote.

There are actually two current planning commissioners who serve on the environmental commission. In addition to Westphal, Sabra Briere is a member of both commissions, by dint of her position on the city council.

Because the planning commission’s meeting was rescheduled due to the Martin Luther King Jr. holiday earlier in the week, the planning commission’s Jan. 23 meeting was held at the same time as the environmental commission meeting, which is held on the fourth Thursday of each month. Briere attended the environmental commission meeting that night, while Westphal chaired the planning commission.

Communications & Commentary

Every meeting includes several opportunities for communications from planning staff and commissioners, as well as two opportunities for public commentary. At the Jan. 23 meeting, no one spoke during public commentary. Here are highlights from other communications.

Communications & Commentary: Downtown Zoning

Planning manager Wendy Rampson updated the commission on actions from the city council’s Jan. 21, 2014 meeting. She noted that councilmembers spent time talking about the downtown zoning recommendations that planning commissioners had made to the council. The council made some amendments, and Rampson provided commissioners with the final version of the council resolution, as amended. [.pdf of council resolution]

Planning commissioner Diane Giannola, left, talks with planning manager Wendy Rampson (standing) and commissioners Wendy Woods and Jeremy Peters.

Rampson highlighted some aspects of the council resolution, including the deadline of Oct. 20, 2014 for delivering ordinance revisions to the council. Also, the council has requested that the planning commission meet with the city’s design review board to talk about linking the core design guidelines to premiums that developers might seek. Tamara Burns, chair of the design review board, spoke during a public hearing at the Jan. 21 meeting, Rampson noted, and expressed concerns that the board had about that linkage.

Another recommendation from council is for the planning commission to look at extending the East Huron 1 character district west to Fourth Avenue. As part of that, some community members have suggested looking at 25-foot minimum side setbacks and 10-foot front setbacks in that district where feasible, Rampson reported.

The council also wants the commission to look at areas of South University, Thayer Street, and Ann Street between Fourth and Fifth avenues to determine if those areas should be rezoned from D1 to D2, because they are proximate to either University of Michigan or residential properties.

Rampson told commissioners that they’ll be exploring these issues in more detail at their February meeting. The commission’s ordinance revisions committee will meet on Feb. 4 prior to the regular planning commission meeting to start figuring out how to implement these council directions.

Communications & Commentary: 624 Church

Wendy Rampson also reported that the city council approved the site plan and development agreement for a revised, expanded 624 Church St. apartment building at its Jan. 21, 2014 meeting. She noted that there was considerable discussion about the contribution-in-lieu parking arrangement that the Ann Arbor Downtown Development Authority had authorized for the project. It’s the first significant use of the contribution-in-lieu program, she said. The DDA had committed 48 parking permits in the Forest Avenue parking structure to 624 Church, and had agreed to do three five-year extensions to the original 15-year agreement with the developer.

Rampson described the council discussion as “comprehensive,” and included the issue of whether it’s fair for permits allotted to a private development to move ahead of people who are on a wait list for monthly permits. Also discussed was the appropriateness of allowing the five-year extensions, she noted. Ultimately, the council approved the development agreement with the 48 permits and extension options. Now the project is ready to move forward, she said.

Communications & Commentary: Energy Disclosure

Bonnie Bona noted that in the past, particularly related to the city’s sustainability framework, the planning commission has worked closely with the energy and environmental commissions. The energy commission has informed Bona that they plan to propose a commercial energy disclosure ordinance for the city council’s consideration. They’d like the planning commission to consider a resolution in support of that, she said. Bona said it’s consistent with the goals of the city’s climate action plan, which is related to the sustainability framework.

By way of background, an energy disclosure ordinance would require owners of certain properties to report how much energy their buildings use. This kind of ordinance was enacted in Chicago last year. According to a report in the Chicago Tribune, “buildings in excess of 50,000 square feet – which represent less than 1 percent of the city’s buildings but 22 percent of buildings total energy consumption – would be required to disclose energy consumption data and information about building size, use and occupancy levels into a software program like TurboTax administered by the U.S. Environmental Protection Agency. The ‘benchmarking’ tool, called Energy Star Portfolio Manager, would then compare the energy efficiency of comparable buildings.”

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

Absent: Sabra Briere, Ken Clein.

Next meeting: Rather than a regular meeting, the commission will hold a working session on Tuesday, Feb. 4, 2014 at 7 p.m. It will likely take place in the basement conference room at city hall, 301 E. Huron St., Ann Arbor. [Check Chronicle event listings to confirm date]

Rezoning Recommended for Delta Gamma Annex

Chronicle Staff — Fri, 24 Jan 2014 01:14:56 +0000

At its Jan. 23, 2014 meeting, the Ann Arbor planning commission recommended approval of a rezoning request and area plan for 515 Oxford, to convert a house for use as an annex to the Delta Gamma sorority. The main sorority house is located nearby at 626 Oxford.

Aerial view showing the location of 515 Oxford, south of Geddes.

The request, supported by the city’s planning staff, is to rezone the parcel from R4A (multi-family dwelling) to R2B (two-family dwelling and student housing). Most of the surrounding parcels are also zoned R2B. The building is currently a rental property with three units – a studio apartment, one-bedroom apartment, and four-bedroom apartment – and a maximum occupancy of 8 people, according to a staff memo.

The existing house was designed by George Brigham and built in 1940 as his home and architectural studio. Planning staff reported that they were contacted about this site by A2modern, a group “formed to raise awareness of and appreciation for mid-century modern architecture in Ann Arbor,” according to a staff memo. On Jan. 23, the group posted a “statement of concern” about the proposal on its website. In part, it states:

We urge that the planning commission support proposals that maintain the original design integrity instead of approving an exception to change it beyond recognition. The home’s historic character can be retained and any adaptive reuse should be sympathetic to the structure’s original intent while meeting existing planning codes and setbacks. This approach offers a win-win solution that balances neighborhood values with reuse needs.

Rendering of proposed renovations and expansion at 515 Oxford.

Rezoning is requested because the area and placement standards of the R4A district would limit the building’s renovation for group housing. The site is located in Ward 2.

The planning commission’s recommendation will be forwarded to the city council for consideration.

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