The staff memo accompanying the ordinance changes summarizes them as follows. The ordinance amendment:

• clarifies that the councilmembers currently serving on the environmental commission nominate persons for “at-large” appointments, which are then approved by council resolution;
• clarifies that the planning commission, park advisory commission, and energy commission each designate a representative to the environmental commission without council approval and for a one-year term;
• clarifies that the 3-year terms should be equally staggered;
• removes references to the Leslie Science Center Advisory Board, which no longer exists;
• requires the city administrator or the designated support staff of the environmental commission to notify council of vacancies – previously this was delegated to the clerk’s office, which does not always have immediate knowledge of vacancies;
• contains a few minor, non-substantive corrections and clarifications.

The EC is one of the few boards or commissions in the city for which the mayor does not make nominations. The more familiar procedure – for most boards and commissions – includes a mayoral nomination at one council meeting, followed by the confirmation vote of the council at a subsequent meeting.

In the past, the council has mimicked this procedure for the EC by having some councilmember put a resolution on the agenda appointing a member to the EC, and then postponing the resolution until the next meeting. So the ordinance revisions include clarification that the nominations put forward by the council as a body to the EC are to be made by the two councilmembers who serve as the council’s representatives to the EC.

Besides two slots for council representatives, the EC includes positions for members of the planning commission, park advisory commission, and energy commission. The ordinance revision that was given final approval on July 21 makes clear that those groups make their appointments to the EC without further city council approval.

This specific revision comes after the planning commission had selected Kirk Westphal from its membership to serve on the EC earlier this year. Some councilmembers voted against his confirmation, when the council was asked to confirm his selection two months ago. For background on that vote, see “Hutton, Westphal Reappointed to EC.”

Mark Clevey’s name had been scheduled to be put before the council on July 7 to be confirmed as a member of the EC, but was withdrawn – because he is the selection by the energy commission to represent that commission on the EC. After enactment, the energy commission appointment to EC (like that of other boards and commissions to the EC) will be for one year and will not need city council approval.

In other business related to boards and commissions at its July 21 meeting, the council amended a resolution from last year that placed a member of the city council on the commission on disability issues.

The amendment clarifies that the city council representative will be appointed for a one-year term annually. Currently the council’s representative to the commission on disability issues is Sally Petersen (Ward 2).

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

Outcomes from the meeting are also reported in the Civic News Ticker.

A common theme among several items on the Ann Arbor city council’s July 21, 2014 agenda is infrastructure. That includes physical infrastructure – like roads, sidewalks, bridges and buildings. But it also includes legal infrastructure. The council will be considering a resolution that would put a charter amendment in front of voters for the Nov. 4 election. The amendment would establish eligibility requirements for elected officials, after a federal court ruled earlier this year that the existing charter requirements are not legally enforceable.

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

Another significant item that was initially placed on the July 21 agenda – but is expected to be withdrawn by its sponsor, Chuck Warpehoski (Ward 5) – is a resolution that would direct the city administrator to list the 415 W. Washington property for sale.

Two other land acquisition items on the agenda would put the city on the purchasing end. A resolution sponsored by Stephen Kunselman (Ward 3) would inquire with the owner of 2805 Burton Road, located just west of US-23, about whether it is available for purchase by the city. It’s the site of a long-in-the-works affordable housing project that has never started construction.

And a resolution sponsored by Margie Teall (Ward 4) would authorize the purchase of the property at 3401 Platt Road on behalf of the Ann Arbor Housing Commission (AAHC). Cost of the purchase would be $195,000, to be reimbursed to the city by AAHC. The AAHC is undertaking reconstruction of its properties adjoining this parcel, and this acquisition would facilitate that.

The July 21 meeting is the council’s last one before the Tuesday, Aug. 5 primary elections. The meeting that week is shifted from Monday to Thursday, and will fall on Aug. 7.

Physical infrastructure on the agenda includes a $1,537,608 construction contract with Bailey Excavating Inc. for the Springwater subdivision improvements project. That work will cover the reconstruction of streets and some utilities – on Butternut Street from Cardinal Avenue to Springbrook Avenue, and Nordman Avenue from Packard Road to Redwood Avenue.

Another road reconstruction project on the agenda is a $3,445,200 agreement with the Michigan Dept. of Transportation (MDOT) for the Stone School Road improvements project – between I-94 and Ellsworth Road. The planned work consists of reconstructing Stone School Road as a two-lane road with on-street bike lanes and concrete curb and gutter.

A second agreement with MDOT, which will require about $250,000 of local funding, will establish the city as construction manager for the construction of sidewalks on the south side of Scio Church Road between Delaware Drive and Maple Road, and on the south side of Barton Drive from about 250 feet west of Chandler Road to Longshore Drive. A portion of the funding for both projects will be derived from a special assessment of adjoining property owners.

Final approval of a special assessment for an additional sidewalk construction project also appears on the agenda. The sidewalk construction will be done as part of the reconstruction of Pontiac Trail beginning just north of Skydale Drive to just south of the bridge over M-14.

On July 21 the council will also be asked to approve a $104,107 contract with DLZ Michigan Inc. for the regular bridge inspection program. That includes the section of the Library Lane parking structure that is located under Fifth Avenue.

Six new pumps for the wastewater treatment plant to be purchased from Premier Pump Inc. for $425,682 is another agenda item.

With respect to legal infrastructure, a federal judge ruled earlier this year that eligibility requirements for elected officers in the city of Ann Arbor’s charter are not legally enforceable. On the council’s July 21 agenda is a resolution that would place new charter requirements on the ballot for voters to decide in the Nov. 4, 2014 election. The current charter language imposes one-year durational requirements on voter registration in the city and residency in the ward that a potential councilmember would like to represent. For mayor, the current requirement is simply a one-year durational requirement for voter registration in the city. That one year is calculated from the time an elected official takes office. The new requirements would impose a voter registration requirement at the time paperwork is submitted to qualify for the ballot.

Several items related to development also appear on the council’s July 21 agenda. The council will consider a site plan for 2625 Jackson, on the southeast corner of Jackson and I-94, and just north of the Westgate Shopping Center. The plan calls for demolishing the existing one-story service station and auto repair shop and constructing a single building with a 1,820-square-foot drive-thru restaurant and 3,220-square-foot retail center.

The council will also consider a site plan for Dusty’s Collision at 2310 South Industrial Highway, south of Jewett. The proposal calls for building a 30,537-square-foot, one-story auto collision repair facility on a parcel that’s currently vacant. The new building would include 5,285 square feet for office use, a waiting area of 5,227 square feet, and 20,025 square feet for the repair area and garage.

For State Street Village – a proposed 78-unit apartment project that will eventually appear on the council’s agenda – the council will consider giving initial approval at its July 21 meeting to the rezoning of the land. The 4.5-acre parcel would be rezoned from M1 (limited industrial district) to O (office district).

Not tied to any particular project on the July 21 agenda is final consideration by the council of a change to downtown zoning. The item is confined to a 1.1-acre parcel at 425 S. Main St. at the southeast corner of William and Main. The council gave initial approval of the rezoning – from D1 (downtown core) to D2 (downtown interface) – at its June 16 meeting that followed a complex series of votes. At the same meeting, the council also gave initial approval to a change to the overlay character district for the parcel, after amending the height limit – from 100 feet to 60 feet. Zoning changes require two votes by the council, taken at separate meetings, because they are changes to the city’s ordinances.

Another ordinance change on the July 21 agenda – which is getting final consideration by the council – is one that clarifies the composition and appointment process for the city’s environmental commission. Related thematically to that item is a resolution that clarifies the composition of the city’s commission on disability issues.

The consent agenda for July 21 includes an item that indicates the approach of fall – approval of the change to traffic patterns for the Aug. 27-29 University of Michigan student move-in.

This article includes more details for many of these agenda items. Information on other agenda items is 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.

Physical Infrastructure

The council’s July 21 agenda includes several items related to the city’s physical infrastructure.

Physical Infrastructure: Springwater Street Reconstruction

The council will consider a $1,537,608 construction contract with Bailey Excavating Inc. for the Springwater subdivision improvements project. That work will cover the reconstruction of streets and some utilities – on Butternut Street from Cardinal Avenue to Springbrook Avenue, and Nordman Avenue from Packard Road to Redwood Avenue.

Funding for the project will be drawn from the street millage fund ($883,316), stormwater fund ($903,065), and drinking water funds ($489,574) for a total project cost of $2,275,955.

Funding from the drinking water and stormwater funds is based on the fact that the project includes replacing the existing water main and performing stormwater system improvements – including construction of sand filters within the Butternut Street and Nordman Avenue right-of-way. Construction is expected to start in August 2014 with completion expected this fall.

Physical Infrastructure: Stone School Road

The council will consider a $3,445,200 agreement with the Michigan Dept. of Transportation (MDOT) for the Stone School Road improvements project – between I-94 and Ellsworth Road. The planned work consists of reconstructing Stone School Road as a two-lane road with on-street bike lanes and concrete curb and gutter

A new 5-foot wide, concrete sidewalk will be constructed on the west side of the roadway from Pheasant Run Circle to Ellsworth Road. Included in the project is the replacement of the existing 16-inch water main in Stone School Road. The water main has broken several times. A short segment of 8-inch sanitary sewer is included in the project. Bioswales and “in-line” stormwater detention will be included. An existing jack-arch culvert under Old Stone School Road along Malletts Creek will be removed, in order to improve creek hydraulics, habitat and stormwater quality. New street lights along Stone School Road will also be installed.

Physical Infrastructure: Sidewalks – Scio Church, Barton

The council will consider an agreement with MDOT, which will require about $250,000 of local funding. It will establish the city as construction manager for the construction of sidewalks on the south side of Scio Church Road between Delaware Drive and Maple Road, and on the south side of Barton Drive from about 250 feet west of Chandler Road to Longshore Drive. A portion of the funding for both projects will be derived from a special assessment of adjoining property owners.

Here’s how the funding breaks down:

Project Funding
               Scio Church    Barton       TOTAL
Federal Share     $164,000   $36,000    $200,000
Local Share        199,474    42,626     242,100
Spcl Assess          1,626     1,980       3,606            

TOTAL             $365,100   $80,606    $445,706

-

Infrastructure: Pontiac Trail Sidewalk

The council will consider giving final approval of the assessment roll for the construction of a new sidewalk on Pontiac Trail, after a public hearing. The council voted to set the public hearing for the July 21 meeting on June 6, 2014. The cost that will be assessed to adjoining property owners is $72,218.

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

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

Infrastructure: Bridge Inspections

The council will consider approval of a $104,107 contract with DLZ Michigan Inc. for the regular bridge inspection program.

The city is required by federal law to inspect its bridges every two years. The city’s approach is to inspect about half of its bridges each year in order to even out the cost.

Bridges to be inspected include the section of the Library Lane parking structure that is located under Fifth Avenue, which is considered a bridge.

According to the staff memo accompanying the resolution, the following bridges will be inspected in 2014: Island Drive over the Traver Creek; Maiden Lane over the Huron River; Fuller Road (eastbound and westbound) over the Huron River; Huron Parkway over the Huron River, Norfolk Southern Railroad and Geddes Avenue; and Wastewater Treatment Plant Drive over the Huron River.

And in 2015, the following bridges will be inspected: Broadway over the Huron River; Broadway over Depot Street and the Norfolk Southern Railroad; E. Stadium Boulevard bridge over S. State Street; E. Stadium Boulevard bridge over the Ann Arbor Railroad tracks; Fuller Road over the Norfolk Southern Railroad; East Medical Center Drive over the Norfolk Southern Railroad; Eisenhower Parkway over the Ann Arbor Railroad; the portion of the Fifth Avenue parking structure under South Fifth Avenue; and the University of Michigan tunnel under Huron Parkway.

Funding will come from the major street fund ($133,500) and the sewage disposal fund ($2,500). The University of Michigan and the DDA will reimburse the city for about $6,600 for inspections related to facilities they maintain.

Infrastructure: Wastewater Pumps

An item to purchase six new pumps for the wastewater treatment plant is on the July 21 agenda. The pumps would be bought from Premier Pump Inc. for $425,682.

According to the staff memo accompanying the agenda item, the city’s wastewater treatment plant has six 150-horsepower secondary effluent pumps that are about 35 years old. When the plant is operating in typical mode, two of the six pumps are in continuous operation. Occasionally, when the Huron River is at high levels, additional pumps are used to pump secondary effluent simultaneously to the sand filters and the river.

Over the past three years, three of the pumps have failed. One of the pumps was irreparable, and the other two pumps were repaired but are not reliable for long-term use. The remaining three pumps are fully functional, but in a worn condition.

Failure of the secondary effluent pumps was unforeseen, according to the staff memo, so the cost of their replacement was not included in the design of the Facilities Renovations Project (FRP) currently under construction at the wastewater treatment plant. The city’s attempt to include replacement of the pumps in the FRP and to receive funding through the state’s revolving fund loan program was rejected by the Michigan Depart. of Environmental Quality, according to the staff memo.

Legal Infrastructure

A federal judge ruled earlier this year that eligibility requirements for elected officers in the city of Ann Arbor’s charter are not legally enforceable. That ruling was based on early 1970s decisions that struck down Ann Arbor’s city charter eligibility requirements as unconstitutional. On the council’s July 21 agenda is a resolution that would place new charter requirements on the ballot for voters to decide in the Nov. 4, 2014 election.

The current charter language imposes one-year durational requirements on voter registration in the city and residency in the ward that a potential councilmember would like to represent. For mayor, the current requirement is simply a one-year durational requirement for voter registration in the city. That one year is calculated from the time an elected official takes office. The new requirements would impose a voter registration requirement at the time paperwork is submitted to qualify for the ballot.

For example, a potential candidate for the city council would need to be a registered voter in the ward they seek to represent at the time they submit their qualifying signatures to the city clerk. And a potential candidate for mayor would need to be a registered voter in the city at the time they submit their qualifying signatures to the city clerk. With paperwork for partisan primaries due in April – for November elections – the new requirements would translate practically speaking to something similar to a six-and-a-half-month durational requirement. For independent candidates, that timeframe would be closer to three and a half months. Jane Lumm (Ward 2) provided a text of the correct draft to media outlets: [.pdf of July 18, 2014 charter amendment resolution text]

On the afternoon of Friday, July 18, the city attorney’s office was working with the state attorney general’s office on the wording of the charter amendment and the ballot proposal. The proposal has been divided into two questions – one focused on elective officers, and the other dealing with appointive officers.

According to information provided on the Michigan Secretary of State’s website, confirmed by the Washtenaw County clerk’s office, the council would have until Aug. 12, 2014 to meet the deadline for placing a question on the ballot. Before the deadline, the council has one additional meeting after July 21 – on Aug. 7.

So it would be an option for the council to postpone consideration of this amendment at their July 21 meeting.

Land Sale

Appearing initially on the July 21 agenda was an item sponsored by Chuck Warpehoski (Ward 5) and mayor John Hieftje with the title “Resolution to List for Sale 415 W. Washington and Appropriate Funds for Allen Creek Greenway Master Plan.” As of mid-day Friday, July 18, no text or memo was included in the resolution.

Warpehoski responded to an emailed query from The Chronicle by saying that the resolution might be pulled, depending on the outcome of a meeting of the Allen Creek Greenway Conservancy on July 18. [The item was then updated with text. The amount to be allocated for the master planning effort was $250,000.]

On July 19, however, Warpehoski announced that he’d be withdrawing the resolution. An excerpt from the comment he left on The Chronicle’s meeting preview article reads as follows:

At the request of the Allen Creek Greenway Conservancy Board, I am withdrawing the resolution from the Council agenda.

The resolution to fund the creation of a greenway master plan and development of the greenway through the sale of the non-floodway portion of 415 W. Washington was developed in partnership with Bob Galardi, chair of the Greenway Conservancy, and Jonathan Bulkley, chair of the Greenway Roundtable.

Bob and Jonathan had discussed the potential resolution with the Conservancy board. They found some initial support from the board. At their meeting on July 18, the Conservancy Board reviewed the final resolution, but were not able to come to agreement to support the resolution at this time. As the conservancy does not have clarity in supporting the resolution, I am withdrawing it. From the beginning, the my approach to this was that if the Conservancy was supportive then we could bring it forward. If the conservancy was not in support then we would not move forward in this way.

The city-owned 415 W. Washington parcel is highlighted in yellow.

Warpehoski indicated to The Chronicle that one reason a master plan for the greenway is important is that the lack of such a plan hurt the city’s application for funding from the state of Michigan to support renovations to the 721 N. Main property. The city did not receive the state grant after applying for it in early 2013.

In addition, Warpehoski wrote, there’s an opportunity to partner with the University of Michigan and a class taught by Larissa Larsen, a professor of urban and regional planning and natural resources. Such a partnership would reduce costs of the planning effort.

The idea of funding work on a master plan for the Allen Creek greenway was discussed most recently at the June 16, 2014 council meeting, in the context of a resolution that Christopher Taylor (Ward 3) had brought forward that would have jump-started an effort to redesign Liberty Plaza at the corner of Division and Liberty streets. Taylor’s resolution would have appropriated $23,577 for the work, which was to have included input from a variety of stakeholders, including adjacent property owners.

That resolution was ultimately referred by the council to the park advisory commission (PAC). At PAC’s July 15 meeting, two people spoke during public commentary to advocate for an integrated approach to the “library block,” which includes Liberty Plaza. But PAC postponed discussion related to Liberty Plaza and the council resolution, as only five of nine voting members were present. Taylor is an ex officio non-voting member of PAC, but had not discussed the resolution at previous PAC meetings. He attended PAC’s July 15 meeting.

The June 16 council meeting discussion featured the following exchange between Stephen Kunselman (Ward 3) and Hieftje, recorded in The Chronicle’s live updates from the meeting:

10:15 p.m. Kunselman asks if this means that Liberty Plaza would jump ahead of developing a master plan for the Allen Creek Greenway. Hieftje says that if Kunselman can be a bit patient, there will be a master plan proposed soon.

10:18 p.m. Hieftje says that an Allen Creek Greenway master plan might be prepared before the end of the budget year. Kunselman asks if there’d been any council direction to start any of the activity that Hieftje has described. Yes, Hieftje says, there was a resolution involving 415 W. Washington. Kunselman reiterates the fact that staff has not been directed specifically to develop a greenway master plan. He’s reiterating the lack of resources for park planning. There are 157 parks in the city and he wonders why Liberty Plaza has become the most important one. Kunselman will support the referral to PAC.

If the council had directed the 415 W. Washington property to be listed for sale, it would have been the third downtown city-owned property to be listed for sale in the last year and a half. The council directed the city administrator to move toward hiring a broker for the old Y lot at Fifth and William at its March 4, 2013 meeting. And on Nov. 18, 2013, the council authorized the sale of the lot to Dennis Dahlmann for $5.25 million.

And the council voted at its April 7, 2014 meeting to confirm its earlier decision to direct the city administrator to list the development rights for the top of the Library Lane parking structure for sale. On July 1, city administrator Steve Powers notified the council that he’d selected CBRE to market and broker the sale of the development rights.

The 415 W. Washington parcel is currently used as a surface parking lot in the city’s public parking system, which has averaged about $18,000 in revenue per month, or about $216,000 a year over the last two years. The parcel also includes several buildings that previously served as the road commission facility and the city maintenance yard. A study commissioned by the city of the property concluded that the cost of stabilizing and renovating all of the buildings could be as high as $6 million. [.pdf of Aug. 29, 2013 report] That study came after the 555 Nonprofit Gallery and Studios had stepped forward with an interest in the possible renovation and reuse of the building as artist studio space. For additional background on that, see “City Council Parcels Out Tasks: Open Space.”

Ultimately the city moved toward demolishing the buildings. The city administrator’s proposed FY 2015 budget included $300,000 for the demolition of the buildings, but the council amended out that allocation during its deliberations on May 19, 2014:

1:40 a.m. Budget amendment: 415 W. Washington demolition. This proposal will simply eliminate general fund support for demolition of the city-owned buildings at 415 W. Washington. [Kailasapathy, Lumm, Eaton, Anglin]

1:54 a.m. Outcome: The council approved this amendment over the dissent of Kunselman, Taylor and Warpehoski.

Two pieces of land immediately adjacent to 415 W. Washington have been in the news recently. At their July 1, 2014 meeting, city planning commissioners approved The Mark condo project for the parcel on Liberty Street where a car wash is currently located. The proposal from developer Alex de Parry is to demolish an existing car wash at 318 W. Liberty and build an 11,910-square-foot structure with seven residential condominiums – five two-bedroom and two three-bedroom units.

And at the July 2, 2014 meeting of the Ann Arbor Downtown Development Authority, it was announced that the final site recommendation for a downtown stop for the WALLY rail line is for the east side of the railroad tracks between Liberty and Washington streets – opposite of where the former city maintenance yard was located at 415 W. Washington. It was reported at that meeting that it would not be a full station. Rather, it would be a platform with canopies and a ramp to Washington Street to the north and a sidewalk connection to the south onto Liberty. The stop would be built entirely within the railroad right-of-way – and there would be no taking of public or private property. The site would be contingent on the WALLY project moving forward.

Land Purchase: Burton Commons

Appearing on the July 21 agenda is a resolution for the city to inquire with the owner of 2805 Burton Road, located just west of US-23, about whether the land is available for purchase by the city. It’s the site of a long-in-the-works affordable housing project that has never started construction.

Animated .gif of the Burton Commons property showing the demolition of single-family homes on the parcels – from aerial images in the Washtenaw County and city of Ann Arbor GIS system.

The land is immediately adjacent to US-23 to the east and Sylvan Park to the north. A residential neighborhood lies to the west of the land.

The resolution is sponsored by Stephen Kunselman (Ward 3), who had told his council colleagues at their June 2, 2014 meeting that he’d be bringing forward such a resolution. The idea would be to use open space millage money to purchase the land. The resolution states that the estimated fair market value, according to the city assessor, is $628,800.

One-third of the open space millage proceeds are supposed to be allocated to acquisition of land within the city limits. At the June 2 meeting, Kunselman argued for the purchase based on the positive impact on climate change and the adjacency of Sylvan Park to the north.

The purchase of the land would also be consistent with a sentiment Kunselman expressed at a recent mayoral candidate forum – that there was resistance in Ward 3, which he represents, to “dumping and piling on” affordable housing in that ward.

Kunselman is a candidate for mayor in the Aug. 5 Democratic primary, along with three other councilmembers Sabra Briere (Ward 1), Sally Petersen (Ward 2) and Christopher Taylor (Ward 3).

The July 21 council meeting is the last one before the Aug. 5 election. That week the meeting is shifted to Thursday from Monday, due to the Tuesday election.

Land Purchase: 3401 Platt Road

On the July 21 agenda is an item that would authorize the city to purchase the parcel at 3401 Platt Road.

Purchase of the blue-highlighted parcel could be authorized by the city council at its July 21 meeting.

The parcel is adjacent to Ann Arbor Housing Commission (AAHC) properties that AAHC is planning to reconstruct.

Four units currently stand at the location, but AAHC has previously announced plans to demolish those structures and replace them with 32 units of housing – a net gain of 28 units.

Now, however, the AAHC is interested in expanding that project, using the additional adjacent property. At the planning commission’s July 15, 2014 meeting, planning manager Wendy Rampson reported that because the AAHC has decided to expand its development on Platt Road, they’ll be holding another citizen participation meeting about that on Monday, July 28 at 7 p.m. at the Ann Arbor District Library’s Malletts Creek branch, 3090 E. Eisenhower. This is not the same site as a county-owned property on Platt Road, which is also being considered for affordable housing.

Earlier this year, at its April 21, 2014 meeting, council gave several approvals  in connection with the AAHC renovations. The acquisition of the additional parcel will help the AAHC with its plans for the property.

Three of the existing four houses are in the floodway, and the water table is higher than the basements. When it rains, the properties flood. So the plan is to tear down the existing buildings, and construct new housing further north on the same site, on land that’s currently vacant.

The AAHC will be reimbursing the city for the $195,00 cost of the 1.17-acre property.

But it is the city that must execute the transaction, under Ann Arbor City Code, Chapter 8, Section 1:209(3):

All deeds, mortgages, contracts, leases, purchases, or other agreements regarding real property which is or may be put under the control of the housing commission, including agreements to acquire or dispose of real property, shall be approved and executed in the name of the City of Ann Arbor. The Ann Arbor City Council may, by resolution, decide to convey or assign to the housing commission any rights of the city to a particular property owned by the City of Ann Arbor which is under the control of the housing commission and such resolution shall authorize the City Administrator, Mayor and Clerk to take all action necessary to effect such conveyance or assignment.

Development

On the council’s July 21 agenda are several items related to development.

Development: Jackson Drive-Thru

The council will consider approval of a site plan for a new drive-thru restaurant on Jackson Avenue – near the I-94 interchange. The planning commission recommended approval at its June 17, 2014 meeting.

Aerial view of 2625 Jackson Ave.

The site is located at 2625 Jackson, on the southeast corner of Jackson and I-94, and just north of the Westgate Shopping Center. The plan calls for demolishing the existing one-story service station and auto repair shop and constructing a single building with a 1,820-square-foot drive-thru restaurant and 3,220-square-foot retail center. The gas pump islands and canopy will be removed. The total project would cost an estimated $400,000. [.pdf of staff memo]

The restaurant’s single lane drive-thru would primarily be accessed from a proposed curbcut on Jackson Ave., with an exit through the Westgate Shopping Center Jackson Ave. entrance. An existing curbcut off Jackson to the east would be closed. The new curbcut has been approved by the Michigan Dept. of Transportation, and would prevent left turns onto Jackson. The drive-thru lane provides stacking for up to four vehicles and would be screened to the north by the proposed building.

In a separate vote at their June 17 meeting, commissioners granted a special exception use for this project, which does not require additional city council approval. This was the first drive-thru proposal that has come through the city’s approval process since the city council approved changes to the Chapter 55 zoning ordinance that regulates drive-thrus. That approval came at the council’s June 2, 2014 meeting.

Development: Dusty’s Collision

The council will consider a site plan for Dusty’s Collision at 2310 South Industrial Highway, south of Jewett.

Aerial view of Dusty Collision site.

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

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

The planning commission’s recommendation for approval, made at its June 3, 2014 meeting, was contingent on the owner – Whitney’s Collision West of Ann Arbor – providing one footing drain disconnect before the city issues a certificate of occupancy. [.pdf of staff memo]

Development: State Street Village

For State Street Village – a proposed 78-unit apartment project that will eventually appear on the council’s agenda – the council will consider giving initial approval at its July 21 meeting to the rezoning of the land. The 4.5-acre parcel would be rezoned from M1 (limited industrial district) to O (office district).

A recommendation for the rezoning was given at the June 17, 2014 meeting of the Ann Arbor planning commission.

Aerial view of State Street Village site.

At that meeting, commissioners recommended approval of a site plan, development agreement and rezoning for the project. It’s a $10 million project put forward by Ann Arbor-based McKinley Inc. at 2221-2223 S. State St. The plan calls for constructing two 4-story apartment buildings at the rear of the site, totaling 112,262 square feet, with 38 units each. Another 2,027 square foot building – for a leasing office with two apartments above it – would be built on the front of the parcel, on South State.

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

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

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

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

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

Only the initial consideration of the rezoning issue will be before the council on July 21. The site plan approval will be considered at a future meeting, likely at the same meeting when the council gives final consideration to the rezoning.

Development: Downtown Zoning

The council will consider giving final approval to changes in two parts of the zoning code affecting the parcel at 425 S. Main, on the southeast corner of Main and William streets. Initial approval was given to rezoning from D1 to D2, with an amended height limit – of 60 feet. The original height limit in the ordinance revision considered by the council was 100 feet.

Initial approval by the council came at its June 16, 2014 meeting.

Aerial view of 425 S. Main – outlined in green – between William and Packard. An alley separates the site from a residential neighborhood along South Fourth Avenue.

The council’s initial approval came only after two votes on each of the parts of the zoning, as councilmembers had first decided to refer the height limit issue back to the planning commission, but ultimately decided to amend the height limit to 60 feet. A summary of the deliberations is provided in The Chronicle’s live updates from the meeting.

By way of background, currently a two-story 63,150-square-foot office building – where DTE offices are located – stands on the southern part of that site, with a surface parking lot on the north portion. [.pdf of staff memo on 425 S. Main rezoning]

Considered separately by the council on July 21 will be final votes that would: (1) change the zoning of the parcel from D1 (downtown core base district) to D2 (downtown interface base district); and (2) change the character overlay district, of which the parcel is a part, to specify the height limit at 60 feet, not the 100 feet that the planning commission had recommended. [.pdf of staff memo on overlay district]

Upper-story setbacks, specified in the character district overlay along with the height limits, were specified based on the 100-foot limit. So the planning staff will likely present the council with some revised language on the setbacks, in order to be consistent with the amended 60-foot limit.

The planning commission recommended both the zoning changes at its May 6, 2014 meeting. The planning commission’s vote on the basic zoning change was unanimous – 9-0. But the vote on the 100-foot height limit was only 6-3, with dissent coming from Sabra Briere, Ken Clein and Jeremy Peters. Briere also serves on city council, representing Ward 1. Both recommendations had been brought forward by the commission’s ordinance revisions committee (ORC). Members are Bonnie Bona, Diane Giannola, Kirk Westphal and Wendy Woods.

The planning commission’s recommendations came in response to a city council directive given at its Jan. 21, 2014 meeting, which had been based on previous work the planning commission had done. The commission had studied and developed a broader set of eight recommendations for zoning changes in specific parts of the downtown. The overall intent was in large part to buffer near-downtown residential neighborhoods. The commission had unanimously approved those original recommendations at its Dec. 3, 2013 meeting.

Those initial Dec. 3, 2013 recommendations from the planning commission had come in response to a previous direction from the city council, given at the council’s April 1, 2013 meeting. The council’s action in early 2013 came in response to the controversial 413 E. Huron development.

The item affecting 425 S. Main is just the first of what are expected to be several other changes recommended by the planning commission.

The current D1 zoning for 425 S. Main allows for a maximum height of 180 feet. The previous zoning, prior to 2009, set no limits on height. At this time, no new development has been proposed for this site.

Board and Commissions

Two commissions are the topic of separate council agenda items: the environmental commission; and the commission on disability issues.

Boards and Commission: Environmental

The council will give final consideration to an amendment to the city ordinance establishing the environmental commission (EC). Initial approval was given at the council’s July 7, 2014 meeting.

The ordinance change relates in part to the way that nominations to the EC are made. The EC is one of the few boards or commissions in the city for which the mayor does not make nominations. The more familiar procedure – for most boards and commissions – includes a mayoral nomination at one council meeting, followed by the confirmation vote of the council at a subsequent meeting.

In the past, the council has mimicked this procedure for the EC by having some councilmember put a resolution on the agenda appointing a member to the EC, and then postponing the resolution until the next meeting. The ordinance revisions include clarification that the nominations put forward by the council as a body to the EC are to be made by the two councilmembers who serve as the council’s representatives to the EC.

Besides two slots for council representatives, the EC includes positions for members of the planning commission, park advisory commission, and energy commission. The ordinance revision to be given final consideration on July 21 makes clear that those groups make their appointments to the EC without further city council approval. This specific revision comes after the planning commission had selected Kirk Westphal from its membership to serve on the EC earlier this year. Some councilmembers voted against his confirmation, when the council was asked to confirm his selection two months ago. For background on that vote, see “Hutton, Westphal Reappointed to EC.”

The staff memo summarizes the changes to the ordinance regulating appointments to boards and commissions as follows:

• clarifies that the councilmembers currently serving on the environmental commission nominate persons for “at-large” appointments, which are then approved by council resolution;
• clarifies that the planning commission, park advisory commission, and energy commission each designate a representative to the environmental commission without council approval and for a one-year term;
• clarifies that the 3-year terms should be equally staggered;
• removes references to the Leslie Science Center Advisory Board, which no longer exists;
• requires the city administrator or the designated support staff of the environmental commission to notify council of vacancies – previously this was delegated to the clerk’s office, which does not always have immediate knowledge of vacancies;
• contains a few minor, non-substantive corrections and clarifications.

Mark Clevey’s name had been scheduled to be put before the council on July 7 to be confirmed as a member of the EC, but was withdrawn – because he is the selection by the energy commission to represent the energy commission on the EC. Once enacted, the energy commission appointment to EC (like that of other boards and commissions to the EC) will be for one year and will not need city council approval.

Boards and Commission: Disabilities

The council will consider a resolution that clarifies the membership on the city’s commission on disabilities. The clarification concerns the city council representative, who will be appointed for a one-year term annually. Currently the council’s representative to the commission on disability issues is Sally Petersen (Ward 2).

3:38 p.m. Names of speakers who have signed up for public commentary reserved time at the start of the meeting are now available. A total of eight people are signed up for public commentary reserved time. Three people will be speaking in support of boycotting Israel and stopping the current assault on Gaza: Blaine Coleman, Mohammad Aggour, Mozhgan Savabieasfahani. Three people will be speaking about the recent eviction of a homeless encampment in Broadway Park. Thomas Partridge will be speaking in support of electing Democrat Mark Schauer as governor, affordable housing and accommodations for those with disabilities. And Kermit Schlansker will be addressing the council on the topic of “crime of city government.”

4:27 p.m. Responses from staff to councilmember questions are now available: [.pdf of July 21, 2014 staff responses]

4:44 p.m. There’s a large .pdf with a map in the agenda responses. Here’s just the map: [.pdf of parks map for underserved areas]. Here’s the rest of the agenda responses: [.pdf of just text from July 21, 2014 staff agenda responses]

6:19 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. Right now the council chambers are empty except for The Chronicle.

6:25 p.m. Most recent version of the charter amendment ballot proposal has now been sent around to councilmembers: [.pdf of latest version]

6:49 p.m. Mike Anglin (Ward 5) and Jack Eaton (Ward 4) have arrived. About a dozen folks in the audience. Eaton quizzes a student here for a class assignment who wants her agenda signed: “Do you know what ward you live in?” “Yes, Two.” “I’m impressed!”

6:52 p.m. City administrator Steve Powers and city attorney Stephen Postema have arrived.

6:55 p.m. Still only two councilmembers in chambers. Now Jane Lumm (Ward 2) has arrived.

6:57 p.m. Mayor John Hieftje has arrived.

7:05 p.m. Still not here are Sally Petersen (Ward 2), Christopher Taylor (Ward 3), Sabra Briere (Ward 1) and Sumi Kailasapathy (Ward 1).

7:10 p.m. Now the only missing councilmember is Kailasapathy.

7:11 p.m. Call to order, moment of silence, pledge of allegiance.

7:12 p.m. Roll call of council. Petersen and Kailasapathy are not here.

7:12 p.m. Approval of agenda.

7:12 p.m. Outcome: The council has approved its agenda for tonight.

7:13 p.m. Communications from the city administrator.

7:14 p.m. City administrator Steve Powers notes that there’s a letter to HUD attached to the agenda, which indicates that Ann Arbor will continue to participate in the Urban County, as opposed to receiving CDBG funds on its own. Powers had told the council at its last meeting that this was the decision he’d be making, unless he received different direction. [.pdf of letter to HUD]. He also notes the Aug. 2, soccer game that will be taking place. Game start will be 4:06 p.m. Usual football game day regulations will apply. Powers will be a member of the county board’s road funding subcommittee. He’ll keep the council updated on the committee’s work, he says.

7:14 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.]

A total of eight people are signed up for public commentary reserved time. Three people will be speaking in support of boycotting Israel and stopping the current assault on Gaza: Blaine Coleman, Mohammad Aggour, Mozhgan Savabieasfahani. Three people will be speaking about the recent eviction of a homeless encampment in Broadway Park. Thomas Partridge will be speaking in support of electing Democrat Mark Schauer as governor, affordable housing and accommodations for those with disabilities. And Kermit Schlansker will be addressing the council on the topic of “crime of city government.” Hieftje has reviewed the rules on signs – that they must be held at the sides of the room.

7:18 p.m. Thomas Partridge introduces himself as a former candidate for the state legislature. He calls on the public to support Mark Schauer for governor of Michigan. Local municipalities need to be fully funded, he says. Funding for additional affordable housing must be planned, he says. The Ann Arbor city council should be taking a statewide leadership role in providing access to people with disabilities. He calls on people to “put down their placards” and their calls for what to do about the Middle East.

7:22 p.m. Blaine Coleman begins to speak. Hieftje tells Mozhgan Savabieasfahani to move to the side with her sign. Coleman ticks through some grim statistics from the violence in Gaza. He calls for a public hearing on a boycott of Israel. Chants of “Boycott Israel, Stop Bombing Gaza!” Hieftje admonishes those who are joining the chant that only one person can speak at a time. Coleman is calling councilmembers by name, asking them to be the conscience of Ann Arbor. He tells them that the deaths of those in Gaza is partially on their hands. Background on recent Middle East events: [link to July 20, 2014 NYT article]

7:24 p.m. Sheri Wander tells the council she’s just returned from the Middle East. What the hell is wrong with humanity, she asks. She returned home to see people in Detroit hauled off to jail for protesting the shut-off of water. Then she got a call from friends of hers who were living in tents (Broadway Park in Ann Arbor) and were having their belongings bulldozed. Briere had said: “I can’t tell you what to do because you have no legal options.” That makes her sick, Wander says. Wander says she had heard candidates at the homelessness forum say that the law is the most important thing. It’s their job to change the law, she says.

7:27 p.m. Tracy Williams says he’s a resident of Mercy House and a member of Camp Misfit. He thanks those who have spoken out against what has been happening in Gaza. Here in Ann Arbor, campers were led to believe that if they stayed 50 feet away from the tracks they would be allowed to stay – and they’d abided by that. In response to the idea that the law is the most important thing, he ventures that the most important thing is to keep human beings live. He asks the council to meet a challenge: If they provide the councilmembers with a sleeping bag and a tarp, will they live outside for a week?

7:29 p.m. Timothy Green introduces himself as a MISSION board member. He thanks Briere for coming out in person to the eviction in process at Broadway Park. Homelessness has become illegal in Ann Arbor, he says. “You’re making them criminals,” he says. “You go to jail, that’s you guys’ answer! … It’s not right how the homeless are treated in this place,” he says.

7:32 p.m. Mohammad Aggour says that 13 days ago the Israeli government began its assault on Gaza. He’s 18 years old and attends Washtenaw Technical Middle College, he says. The casualties in Gaza are 70% women and children, he says. He says that he doesn’t want his tax dollars going to support this. He describes four children who were killed as they were playing soccer on the beach. “Forget about me being Arab,” he says. We have to focus on the fact that we are human. He calls for a boycott of Israel. He asks for a public hearing on a boycott of Israel.

7:37 p.m. Mozhgan Savabieasfahani takes the podium to rhythmic clapping. She says they are all ready to come to many more meetings in the future. Israel has been murdering the people of Palestine since the beginning, she says. She’s come to the council for the last 12 years, she says, asking them to do something. She says they will come back again and again to ask for a public hearing on a boycott of Israel. Without U.S. support, Israel could not undertake this military action, she says. It’s clear to the entire world that Israel is an “outlaw state,” she says. She holds the council responsible. “We are planning to come over and over and over again,” she says. The anger that they hear in her voice is nothing compared to the anger of a mother who has lost her child. Chants ensue: “Boycott Israel, Stop Bombing Gaza!” Hieftje says that he understands they’ll be coming back, but if they intend to disrupt city government, they should give some thought to whether that’s the image they want to present.

7:39 p.m. Kermit Schlansker is addressing climate change. Methane is a worse greenhouse gas than carbon dioxide, he says. The city has concentrated on removing factories from inside the city, he says, but we need to manufacture things, or else go broke. He says that the Platt Road property where the juvenile court stood previously should become a factory.

7:40 p.m. Sally Petersen (Ward 2) has arrived in the interim.

7:40 p.m. Communications from council.

7:40 p.m. Jack Eaton (Ward 4) reports that Sumi Kailasapathy (Ward 1) is ill and can’t make it. She sends her regrets.

7:42 p.m. Chuck Warpehoski (Ward 5) is explaining that the greenway master plan funding resolution will be withdrawn. The lack of a master plan hinders the ability to secure outside funding, he says. This resolution wasn’t the right approach at the right time, but he’s ok with that. There might be a different resolution next meeting, he says.

7:43 p.m. Warpehoski says that the issue that he’d talked about at the last meeting – a change to the way elections are conducted – is not ripe for this election cycle. But he’ll continue to work on it.

7:44 p.m. Mike Anglin (Ward 5) is talking about the proposed Glendale condo development. He says that the city should think about acquiring land using the open space and parkland acquisition millage. He thanks those for coming to speak on Gaza. Coleman asks from the audience, “So where’s the public hearing.”

7:46 p.m. Sabra Briere (Ward 1) is talking about the public participation meeting last week on the proposed Toll Brothers development north of Nixon Road. The 900 units proposed in that general area will be a conflict point for the community, she says. She’s committed to holding another meeting about planning for the intersection of Dhu Varren and Nixon roads.

7:46 p.m. MC-1 Confirmations The council is being asked to confirm nominations to city boards and commissions that were made at the council’s July 7, 2014 meeting: Theresa Whiting, replacing John Sullivan on the airport advisory commission; and Shoshannah Lenski as a re-appointment to the energy commission.

7:46 p.m. Outcome: The council has voted confirm the appointments.

7:47 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 there are six public hearings. The first two involve the rezoning of the parcel on the southeast corner of Main and William streets. Also receiving a hearing is the special assessment for the Pontiac Trail sidewalk project. Two site plans are the subject of public hearings – for Dusty’s Collision and for a drive-thru retail establishment on Jackson Road. Finally, a public hearing is being held on a change to the city’s ordinance on boards and commissions – which will clarify appointments to the environmental commission.

• PH-1 Downtown Character Overlay Zoning Districts. [For additional background, see Development: Downtown Zoning above.]
• PH-2 Rezoning of 1.1 Acres from D1 (Downtown Core Base District) to D2 (Downtown Interface Base District), 425 South Main Street.
• PH-3 Pontiac Trail sidewalk special assessment roll. [For additional background, see Infrastructure: Pontiac Trail Sidewalk above.]
• PH-4 Dusty’s Collision site plan. [For additional background, see Development: Dusty's Collision above.]
• PH-5 2625 Jackson retail & drive-thru site plan. [For additional background, see Development: Jackson Drive-Thru above.]
• PH-6 Amend ordinance on boards and commissions. [For additional background, see Boards and Commission: Environmental above.]

7:47 p.m. PH-1 Downtown Character Overlay Zoning Districts.

7:48 p.m. Edward Vielmetti says that he’s commenting about the way that the public has been informed about this proposed change. The packet does not include a map, he points out.

7:49 p.m. Blaine Coleman asks Mike Anglin when there will be a public hearing on the boycott of Israel. That draws a sharp rebuke from mayor John Hieftje to the effect that remarks during the public hearing must be confined to the topic of the public hearing.

7:51 p.m. Eppie Potts is addressing the council. She’s supporting the 60-foot height limit.

7:52 p.m. Ted Annis rises to speak on PH-2. Hieftje tells him that will be in a few minutes.

7:52 p.m. Thomas Partridge is now addressing the council. He says that new zoning should be integrated with requirements on accessibility.

7:55 p.m. A woman is now addressing the council telling them that she’s glad the property is being rezoned from D-1 to D-2. She wonders if the effect will be to allow sunlight to fall on adjoining properties. There’s also a problem with building right on the alleyway, she says.

7:56 p.m. PH-2 Rezoning of 1.1 Acres from D1 (Downtown Core Base District) to D2 (Downtown Interface Base District), 425 South Main Street.

7:56 p.m. Ted Annis says he supports the item. He expresses thanks for all the work that has been done to get things straightened out.

7:58 p.m. Edward Vielmetti points out an error in the map that is in the planning staff report: Baker Commons has not been updated to show that it is no longer zoned PL (public land). He encourages the council to delay their vote, until accurate maps can be provided.

8:00 p.m. Andy Klein, an owner of the property, is speaking against this zoning change. This is against the recommendation of the city’s hired consultant as well as the city planning commission, he says. He reviews the history of the parcel. The report from the consultant calls the parcel a key gateway site, he notes. The planning commission had recommended D-2 with a height of 100 feet – which would give flexibility to avoid less appealing massive structures.

8:02 p.m. Joel Smith is addressing the council, saying that it’s a gateway parcel. He’s been the architectural team for the new Y site as well as the Zaragon building, he says. Good design can always be debated, he allows. D-2 with 60 feet would result in a 60-foot wall against someone’s backyard, he says.

8:04 p.m. Thomas Partridge says the council should allow for a building that is large enough to have accessibility for lower-income residents of the city. There should be office space that is affordable for lower-income residents and businesses in the city, he says. The council should give priority to the human elements of the zoning requirements, he says.

8:05 p.m. PH-3 Pontiac Trail sidewalk special assessment roll.

8:07 p.m. This hearing will be kept open through the next meeting at Margie Teall’s request, Hieftje says. Edward Vielmetti again addresses the council on the issue of maps. Several parcels are marked for future recovery instead of current recovery. He’s concerned that someone who might purchase a parcel that will be annexed won’t realize that they could be assessed these costs. He again encourages the council to delay consideration until an accurate map can be provided.

8:08 p.m. A resident who will be assessed is protesting the special assessment. She says they’re being forced and bullied into paying for a development. Her husband is a senior, she says. They already are in the city of Ann Arbor. She calls the assessment unfair.

8:09 p.m. Hieftje says that this public hearing will remain open in the event that the item, which comes later on the agenda, is postponed.

8:09 p.m. PH-4 Dusty’s Collision site plan.

8:10 p.m. Thomas Partridge says that the property should be accessible to seniors and the handicapped. There should be a universal requirement that all businesses be accessible, Partridge says.

8:11 p.m. Edward Vielmetti is complaining that the map does not have a scale bar.

8:11 p.m. PH-5 2625 Jackson retail & drive-thru site plan.

8:12 p.m. No one speaks on this public hearing.

8:12 p.m. PH-6 Amend ordinance on boards and commissions.

8:13 p.m. Edward Vielmetti says he was at city hall on Friday to pick up the agenda. At that time there was not a clean copy of the resolution. Hieftje points out to Vielmetti that this is not the item on the city charter amendment. “You should still do what I said!” he quips.

8:14 p.m. A-1 Approval of minutes.

8:14 p.m. Outcome: The council has voted to approve its minutes from the last meeting.

8:14 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 Emergency PO with Barrett Paving Materials ($12,815).
• CA-2 Emergency PO with E.T. MacKenzie for storm culvert repair on Dhu Varren ($76,882).
• CA-3 Approve contract with Industrial Organizational Solutions, Inc. (I/O) to Conduct AAPD Promotional Assessment in FY15 ($32,755).
• CA-4 Approve changes to traffic patterns and parking for the 2014 University of Michigan student move-in program from Aug. 27-29, 2014.
• CA-5 Recognize the Skyline Friends of the Arts as a civic nonprofit organization operating in Ann Arbor for the purpose of obtaining a charitable gaming license.

8:14 p.m. Councilmembers can opt to select out any items for separate consideration. No one does.

8:14 p.m. Outcome: The council has voted to approve its consent agenda.

8:14 p.m. B-1 Main Street overlay text amendments. These next two items relate to the 1.1-acre parcel at 425 S. Main St. at the southeast corner of William and Main. The council gave initial approval of the rezoning – from D1 (downtown core) to D2 (downtown interface) – at its June 16 meeting, following a complex series of votes. At the same meeting, the council also gave initial approval to a change to the overlay character district for the parcel, after amending the height limit – from 100 feet to 60 feet. [For additional background, see Development: Downtown Zoning above.] This first item includes the height limit.

8:17 p.m. Briere notes it’s the second reading of an ordinance change. The language is slightly changed, she says. One of the issues is solar impact, she says. The original version called for a 100-foot building and a stepback after the fourth story. Establishing the 60-foot limit would put a 60-foot wall against someone’s property, she said.

8:19 p.m. Teall asks what the impact would be of amending the height to 100 feet. “I am not … the true god of planning,” Briere says, but attempts to explain. Building a four-story wall at the edge of the alleyway would be a possibility, whether the height limit is 100 feet or 60 feet. Planning manager Wendy Rampson comes to the podium at Anglin’s request.

8:22 p.m. Rampson reviews how the council amended the height from 100 feet down to 60 feet at its last meeting. Anglin says that he and other councilmembers are trying to protect delicate areas of transitions. When a proposal can change a neighborhood radically, that’s a concern, he says. He questions whether there should be a solid wall right on the alley.

8:25 p.m. Anglin wants to know how tall Baker Commons is. Rampson says she doesn’t know but can look it up. Anglin says he won’t approve anything until the council knows what could be built there. He doesn’t want a Stalinist building to be possible that can be used as a threat.

8:26 p.m. Anglin wants to send this back to the planning commission so that the planning commission can provide some examples of what could be built – before the battles start.

8:28 p.m. Lumm says she supports the 60-foot limit. She knows that the planning commission recommended 100 feet. She’s concerned about building up to the property line. Rampson clarifies that the east edge of the property is 16 feet away from the adjoining residential properties – because of the alleyway.

8:30 p.m. Rampson is reviewing the planning commission’s rationale for the stepbacks in the upper floors in conjunction with the 100-foot height limit. She notes that there is not currently a proposal to develop the property.

8:34 p.m. Hieftje says that he thinks there are some issues that might not be resolved tonight, and hints that a postponement might be in order. Petersen invites the property owner to the podium. The property owner and the architect are explaining how a 60-foot height would constrain design. Petersen asks about development fees. [She asked a question about fees in advance of the meeting that drew a staff written response that include the following: "The Varsity building, at 425 East Washington Street, paid approximately $20,000 in site plan fees, $23,000 in civil plan review fees, $319,000 in building permit fees; and $311,000 in utility connection charges. Inspection fees are not included in these figures. The Varsity is a 13-story, 177,000-square foot apartment building having a 695% FAR."]

8:35 p.m. Kunselman says he’d like to see an idea of what the property owner would propose and then the council could define the zoning around that.

8:37 p.m. Kunselman asks what the minimum height they could live with. Klein says that the bifurcated zoning – half the parcel D-1 and half of it D-2 – was something they could live with. The original conversation was not 60 feet versus 100 feet, but rather 60 feet versus 180 feet. It was well thought out and well debated by the planning commission, Klein says.

8:39 p.m. Kunselman says the council is struggling, but the council has to get it right. He’s open to what the owner can offer, being more flexible on the corner. There’s more back-and-forth between Kunselman and the owners.

8:41 p.m. Teall asks when the owners can develop some drawings. Hieftje invites the owners to sit back down. Rampson is asked for advice on how long it would take for planning staff to work with the owners. Rampson indicates that it would likely go back only to the ordinance revisions committee of the planning commission – so about a month. Hieftje stresses that the feedback from the council is about a four-story wall facing the residential side and a four-story blocky building.

8:43 p.m. Eaton says that four-story blocky buildings are typical of Main Street. Petersen asks that a more robust analysis of the upfront fees for development be provided during the period of postponement. Hieftje quips that the matter should be postponed until the second meeting in November. The second meeting in September is now the date certain to which a postponement is proposed.

8:46 p.m. Outcome: The council has voted to postpone consideration of the character district overlay for 425 S. Main with a specified height limit of 60 feet – until the second meeting in September.

8:46 p.m. B-2 425 South Main St. city-initiated rezoning. This is the zoning part of the question related to 425 S. Main.

8:46 p.m. Outcome: The council has voted to postpone consideration of the downzoning of 425 Main from D-1 to D-2 – until the council’s second meeting in September.

8:46 p.m. B-3 Environmental Commission ordinance amendment. This ordinance change clarifies the composition and appointment process for the city’s environmental commission. [For additional background, see Boards and Commission: Environmental above.]

8:47 p.m. Briere is reviewing what the ordinance amendment will do. She asks for the support of other councilmembers.

8:48 p.m. Anglin asks if PAC could appoint someone for a year to the EC and then appoint that same person the following year. That would depend on PAC, Briere says.

8:48 p.m. Outcome: The council has voted to give final approval to the change to the city’s ordinance on boards and commissions to clarify how appointments to the EC work.

8:49 p.m. We’re in recess.

9:05 p.m. We’re back.

9:05 p.m. C-1 State Street Village Rezoning. For State Street Village – a proposed 78-unit apartment project that will eventually appear on the council’s agenda – the council is considering tonight giving initial approval to the rezoning of the land. The 4.5-acre parcel would be rezoned from M1 (limited industrial district) to O (office district). [For additional background, see Development: State Street Village above.]

9:06 p.m. Outcome: The council has voted without discussion to give initial approval to the State Street Village rezoning. Final approval will come at a future meeting.

9:06 p.m. DC-1 Membership composition of the commission on disability issues. This resolution would clarify the way that a council appointment was made to the commission on disability issues last year. [For additional background, see Boards and Commission: Disabilities above.]

9:07 p.m. Petersen is reviewing the appointment a year ago and what this resolution does.

9:07 p.m. Outcome: The council has voted to amend the resolution appointing a councilmember to the commission on disability issues.

9:07 p.m. DC-2 Gun Safety Week participation. From a staff memo accompanying the resolution: “During the week of July 20, 2014 through July 26, 2014 the Ann Arbor Police Department will be providing free gun locks and gun safety information to members of the public and collaborating with other Washtenaw County law enforcement agencies to enhance public knowledge and promote gun safety.” Stats cited in the resolution include the fact that Michigan’s overall firearm deaths from 2001-2010 were 10,825 (10.83 per 100,000 residents), Michigan’s firearm suicides in 2010 were 601 (6.08 per 100,000 residents), and Michigan’s firearm deaths for children ages 0-17 from 2001-2010 were 555 (2.23 per 100,000 residents). The information is from the Center for Disease Control and Prevention’s “Fatal Injury Data.”

9:10 p.m. Chuck Warpehoski (Ward 5) is explaining the background. The issue of preventing gun violence and unintentional gun deaths tends to get emotional, he says. One thing that could have prevented the tragedy at Sandy Hook would have been a gun safe – if the guns that the shooter had used had been locked away by his mother, that wouldn’t have been possible. One of the things the Ann Arbor police department is doing is passing out gun locks. If your child is going on a play date, then you can ask: Will there be an unlocked firearm in the house?

9:11 p.m. Margie Teall (Ward 4) is thanking Warpehoski. This is an issue that got her involved in politics, she says. We can do something, she says, and this resolution will help.

9:11 p.m. Outcome: The council has voted to approve the resolution on gun safety week participation.

9:11 p.m. DC-3 Charter amendment: Eligibility for elective office. A federal judge ruled earlier this year that eligibility requirements for elected officers in the city of Ann Arbor’s charter are not legally enforceable. That ruling was based on early 1970s decisions that struck down Ann Arbor’s city charter eligibility requirements as unconstitutional. On tonight’s agenda is a resolution that would place new charter requirements on the ballot for voters to decide in the Nov. 4, 2014 election.

The current charter language imposes one-year durational requirements on voter registration in the city and residency in the ward that a potential councilmember would like to represent. For mayor, the current requirement is simply a one-year durational requirement for voter registration in the city. That one year is calculated from the time an elected official takes office. The new requirements would impose a voter registration requirement at the time paperwork is submitted to qualify for the ballot. The question has been divided into two separate proposals – one focused on elective officers, and the other dealing with appointive officers – reportedly on the advice of the state attorney general’s office.

Jane Lumm (Ward 2) has provided a text of the correct draft to media outlets, after the Legistar version was not formatted correctly with strikethrough text: [.pdf of July 18, 2014 charter amendment resolution text]

9:12 p.m. The most recent version, as far as The Chronicle understands, is actually this one: [.pdf of most recent version]

9:13 p.m. Lumm is reviewing the three types of city officers: elected officials, paid appointed officials (city administrator, police chief, etc.) and volunteer appointed officials.

9:14 p.m. Lumm says that the city is in “no man’s land” because there are no legally enforceable requirements. Lumm says she’s not committed to a vote tonight, but wants the conversation to start tonight.

9:16 p.m. Briere thanks Lumm for bringing the proposal forward. She’s questioning Lumm’s contention, which Lumm made during her remarks, that the council has not adhered to the 7-vote majority requirement for non-city residents. Hieftje confirms the council has applied that requirement. Briere wonders if that is necessary to address in this proposal, but says it just restates what is already there, so she doesn’t have a problem with it.

9:19 p.m. Taylor says he thinks the conversation should start tonight, but thinks it should likely be postponed until the next meeting. Taylor then either misreads the proposal, or else doesn’t have the correct copy in front of him. Warpehoski says he is glad to see this coming forward. He thanks Lumm. He’s comfortable with voting on it tonight or also postponing.

9:21 p.m. City attorney Stephen Postema says that assistant city attorney Mary Fales has been working with the state attorney general on this. Fales is now reviewing the fact that the deadline is Aug. 12 for certification to the county clerk. Fales says that she anticipates that the language in the packet tonight would be approved by the AG’s office, based on the informal conversations she’s had with that office.

9:23 p.m. Petersen asks Fales to comment on the pros and cons of eliminating the one-year durational requirement. Postema corrects Petersen: There is no requirement there – even though you see it there in the charter. That’s what the federal court ruled, he says. Postema says that a one-year residency program is now considered constitutional. So the council could put the same language that is currently in the charter in front of voters for reenactment.

9:25 p.m. Warpehoski asks what the next chance would be to reenact eligibility requirements, if it failed? The same question can’t be asked for another two years, Fales explains. Kunselman asks that the new proposed language be read aloud – just the ballot questions. Fales is now reading aloud the ballot questions.

9:27 p.m. Fales is explaining Act 212 of 1999 – which says that city employees can’t be subject to residency requirements.

9:28 p.m. Briere says that the situation is at best confusing. She wants to know what the communications plan is so that citizens are in a position to make an educated decision. City administrator Steve Powers says that the city could use existing tools and devices in a way that educates but does not advocate.

9:30 p.m. Teall is asking about the appointive officers question. She says that it’s confusing to her. She wants two separate sentences.

9:32 p.m. Fales says that a single ballot question has to have a single statement. She ventures that it could be separated into three questions total. Teall doesn’t seem enthusiastic about that. Eaton says that it’s imperative to pass requirements for the elected officers. He wants just the one topic addressed. That’s what confused voters back in 2003, he says. We’re already complying with state law. He didn’t think it was worth the risk to confuse the voters. The first ballot question is necessary while the second one is not, Eaton says. Kunselman responds to Eaton: “I concur.”

9:34 p.m. Fales says that the phrase “a city officer” in the original charter language has the effect that it covers both kinds of officers – elected and appointed officers. So the AG’s office is requiring two ballot questions. Kunselman quips: “Then I don’t concur.”

9:35 p.m. Fales is reading aloud the ballot language to incorporate the final minor changes.

9:38 p.m. Briere is asking about the elimination of a reference to “or a party caucus.”

9:41 p.m. Fales says that the language was recommended to be struck by the AG’s office because Ann Arbor’s city charter doesn’t provide a mechanism for that nominating process, though it could do so under state law. Briere is describing a hypothetical scenario where a minority party determined a candidate by “bowling or knitting” – and wants to know how that candidate would be placed on the ballot. She wants to be confident that such a candidate would be eligible to run as representatives of that party.

9:41 p.m. Outcome: The council has voted to place the two ballot questions on city charter eligibility requirements in front of voters in the Nov. 4, 2014 election.

9:41 p.m. DC-4 414 N. Main sidewalk easement. This is an easement in standard form, and is conveyed at no cost to the city.

9:42 p.m. Briere is explaining that this and the next item have councilmembers’ sponsorship, because the documentation was prepared too late to be placed on the agenda by staff.

9:42 p.m. Outcome: The council has voted to approve the 414 N. Main sidewalk easement.

9:42 p.m. DC-5 401 N. Fourth sidewalk easement. This is an easement in standard form conveyed at no cost to the city.

9:42 p.m. Outcome: The council has voted to approve the 401 N. Fourth sidewalk easement.

9:42 p.m. DC-6 List 415 W. Washington and appropriate funds for Allen Creek greenway master plan. This item has been withdrawn by its sponsor, Chuck Warpehoski (Ward 5). [For additional background, see Land Sale above.]

9:43 p.m. Outcome: The council did not vote on this item, because it has been withdrawn.

9:43 p.m. DC-7 Purchase 3401 Platt Road. This parcel is located to the north of an existing AAHC property. Four units currently stand at the location, but AAHC has previously announced plans to demolish those structures and replace them with 32 units of housing – a net gain of 28 units. Now, however, the AAHC is interested in expanding that project, using the additional adjacent property.

At the planning commission’s July 15, 2014 meeting, planning manager Wendy Rampson reported that because the AAHC has decided to expand its development on Platt Road, they’ll be holding another citizen participation meeting about that on Monday, July 28 at 7 p.m. at the Ann Arbor District Library’s Malletts Creek branch, 3090 E. Eisenhower. This is not the same site as a county-owned property on Platt Road, which is also being considered for affordable housing. [For additional background, see Land Purchase: 3401 Platt Road above.]

9:44 p.m. Lumm asks Jennifer Hall to come to the podium. She notes that the owner doesn’t want to accept the contingency that the AAHC gets financing. Lumm wants to know what happens if the AAHC doesn’t get financing for its project. Hall explains that the AAHC will re-apply until it gets the funding.

9:44 p.m. Outcome: The council has voted to authorize the purchase of 3401 Platt Road on behalf of the Ann Arbor Housing Commission.

9:45 p.m. DC-8 Issuance of a downtown development district liquor license to RWB Group LLC dba Taste. This was recommended by the liquor license review committee.

9:45 p.m. Lumm, as chair of the liquor license review committee, is reading aloud a statement explaining the background.

9:45 p.m. Outcome: The council has voted to recommend issuance of a downtown development district liquor license to RWB Group LLC dba Taste.

9:45 p.m. DC-9 Authorize city to inquire about Burton Road property for parkland acquisition. This is a resolution that would direct city to inquire with the owner of 2805 Burton Road, located just west of US-23, about whether the land is available for purchase by the city. It’s the site of a long-in-the-works affordable housing project that has never started construction, called Burton Commons. The parcel is located in Ward 3. The item was sponsored by Stephen Kunselman (Ward 3). [For additional background, see Land Purchase: Burton Commons above.]

9:48 p.m. Kunselman says he’s just emailed everyone on the council some information. He’s explaining the background of the affordable housing development, which dates back to 2006. The road is unimproved, he notes. It’s not even fair to call it a road, he says. It’s a two-track. The adjacent neighbors are on a roller coaster ride wondering about the future of the property, he says. If this resolution doesn’t pass, or if the owner has no interest in selling, he’d propose rezoning the property to be consistent with the other land in the area.

9:49 p.m. When the greenbelt advisory commission had recommended the acquisition of development rights north of Loch Alpine, outside the city, it was clear to Kunselman that we were forgetting about the importance of parkland here in the city. It wasn’t fair for him to whine about that without putting a proposal in front of the council, he says.

9:52 p.m. Kunselman says he met with the park advisory commission’s land acquisition committee in closed session, so he couldn’t talk about that. He characterizes the map that LAC provided – showing areas “underserved” with parks – as flexible. His own property is classified as “underserved,” he says. He’s pointing out various barriers to developing the parcel on Burton Road – construction of a sound wall and paving of the road. He portrays this move as eliminating a competitor of the AAHC.

9:53 p.m. Kunselman is asking for the council’s blessing for the simple inquiry. It’s adjacent to an existing park, he says. He asks for the council’s indulgence in supporting this.

9:55 p.m. Warpehoski is proposing four additional “whereas” clauses and a “resolved” clause. He’s adding 312 Glendale into the mix, which has an assessed value $345,200. An inquiry would be made with the 312 Glendale owner, according to Warpehoski’s amendment. A controversial condo development is proposed for that site. The project had been postponed by the Ann Arbor planning commission at its July 1, 2014 meeting, following lengthy public commentary by neighbors who oppose the development.

9:59 p.m. Warpehoski says he’s grateful to Kunselman’s inspiration.

9:59 p.m. Anglin says that public lands can be used to mitigate flooding. That increases land values, he says.

10:01 p.m. Petersen says that the city is the largest property owner in the city and it would take land off the tax rolls. A vote to inquire shouldn’t mean that the city will purchase the land, she says. The city always complains when the University of Michigan does that, she notes.

10:02 p.m. Hieftje is expressing caution that this is buying out developers. He wants these proposals to come from the park advisory commission.

10:03 p.m. Here’s Warpehoski’s amendment: [.pdf of Warpehoski's amendment to include Glendale]

10:05 p.m. Briere is talking about meetings she’s had with residents who’ve had a development proposed near them, who want the city to purchase the land so it can become a park. There’s a difference between making a proactive effort to add parks, as opposed to acquiring land to block a development, she notes.

10:06 p.m. Glendale has been before the planning commission twice, Briere points out, and the Burton Road property has been in front of the council in the past. She wonders why they’re not talking about those other parcels where no one is proposing to develop something there. It’s never a mistake to ask a question, but she’s fearful this will open a door and give us a real problem with acquisition of more undeveloped land that the city has no way to deal with.

10:08 p.m. Kunselman cites Bluffs Park and Dicken Woods as examples of properties in some phase of development, which the city decided to purchase. He also points out that the city also purchased two vacant properties to provide access to Bluffs Park. Back-and-forth between Kunselman and Hieftje ensues.

10:10 p.m. The resolution is just asking to talk, Kunselman says.

10:11 p.m. Lumm cites staff member responses to Warpehoski’s questions, pointing out that staff doesn’t recommend using the Glendale property for stormwater management.

10:12 p.m. Warpehoski is now making a pitch for his amendment. He mentions the location as a possible dog park. He asks that councilmembers not vote yes on this if they know now that they won’t vote yes on the actual land acquisition.

10:15 p.m. Anglin says: “There’s a tremendous amount of water out there.” The topography in Ward 5 is different, he says. It was good that Dicken Woods was acquired, Anglin says, through Eaton’s efforts. Anglin is reviewing the work of county water resources commissioner. The Glendale development has been downsized considerably, Anglin allows. If you have land, it can absorb water, he says.

10:16 p.m. Outcome: Outcome on amendment: The council has voted to approve Warpehoski’s Glendale amendment. Dissenting were Hieftje, Petersen, Lumm and Teall.

10:18 p.m. Taylor says that PAC has expertise not only on the quality of land but also the ability of the city to incorporate these properties into the park system. So he wants to amend the resolution so that it sends the issue to PAC, instead of the city administrator for recommendation.

10:19 p.m. PAC would review the properties to determine if they are suitable for acquisition – by Oct. 1. If PAC so determines, then the city administrator would inquire with the owners about the availability of the property.

10:20 p.m. Hieftje wants to change the word “suitable” to “desirable.” That’s accepted as friendly. Lumm wants staff input as well as input from PAC. That’s fine with Taylor.

10:22 p.m. Kunselman says he had wanted to avoid wasting time – if the owner was not even interested in selling. There’s no sense in investing time in PAC’s review, if the property owner is not even interested in selling, he says.

10:24 p.m. AAHC executive director Jennifer Hall is asked to the podium. She describes how the Burton Commons development is a “friendly competitor.” She says that the obstacles that Kunselman has identified are significant to the redevelopment of the Burton Road property – the sound barrier, and the road. She says the owner would be interested in selling, but points out that they’ve invested $2 million in it.

10:25 p.m. Briere says she would be much happier if the council were considering other parcels that are not currently under consideration for development. Hieftje asks Briere to focus on Taylor’s amendment.

10:27 p.m. Briere says she has no problem sending it to PAC and the land acquisition committee of PAC.

10:28 p.m. Eaton is echoing Kunselman’s sentiments that we should put this in the right order – first find out if the owners might be interested in selling. He’ll vote against Taylor’s amendment.

10:28 p.m. Warpehoski ventures that council could go into closed session to hear the LAC report. Hieftje says that the discussion is still on Taylor’s amendment.

10:32 p.m. Outcome: Taylor’s amendment has been accepted as friendly.

10:34 p.m. Petersen agrees with Warpehoski’s point that councilmembers should not vote yes on this if they would not support the actual purchase of the property. Lumm is expressing some caution. Teall says she’d like to see both parcels become parks. But she’s concerned that because the proposals are not coming from PAC, she wonders about maintenance and programming. So she doesn’t think she can support the purchase in the end.

10:38 p.m. Eaton says that the greenbelt and open space millage included a commitment to voters to spend 1/3 of the proceeds on acquisitions within the city. He says he doesn’t think the Burton Road property will be developed anyway. The Glendale neighbors would probably adopt a park there and the maintenance costs would not be that great. Hieftje picks up on Eaton’s point that the Burton Road property won’t be developed, saying that this would be helping out a developer. LAC was “keeping their powder dry” in case properties like AAPS Eberwhite Woods or Pioneer Woods needed to be purchased, Hieftje says.

10:40 p.m. Briere focuses on the statement that 1/3 of the open space and parkland acquisition millage is supposed to be spent inside the city. She wants a historical breakdown. Sumedh Bahl, community services area administrator, approaches the podium. Bahl doesn’t know off the top of his head. Briere says that information needs to be sent out to all councilmembers. Warpehoski calls the question.

10:42 p.m. Outcome: The council has voted to authorize inquiry about the availability of the property on Burton Road and on Glendale for sale – but only after and only if the land is available to seek input from PAC. Dissenting were Hieftje and Petersen.

Final wording on the key resolved clause was as follows:

RESOLVED, That Council authorizes City staff to inquire with the owner of 2805 Burton Road and 312 Glendale Road about the availability of the property for City purchase, in whole or in part, and if available, requests the Parks Advisory Commission and staff to review 2805 Burton Road and 312 Glendale Road and advise City Council prior to October 1, 2014 whether they are desirable for City purchase using parkland acquisition funds and private contributions

10:42 p.m. DB-1 Dusty’s Collision site plan. The proposal calls for building a 30,537-square-foot, one-story auto collision repair facility on a parcel that’s currently vacant. A previous building at that location was torn down in 2013. The new building would include 5,285 square feet for office use, a waiting area of 5,227 square feet, and 20,025 square feet for the repair area and garage. The project is estimated to cost $2 million. [For additional background, see Development: Dusty's Collision above.]

10:43 p.m. Taylor asks for permission to refrain from voting as it’s a client of his. Permission is granted by the council.

10:43 p.m. Outcome: The council has voted to approve the site plan for Dusty’s Collision.

10:43 p.m. DB-2 2625 Jackson retail & drive-thru site plan. This is a site plan for 2625 Jackson, on the southeast corner of Jackson and I-94, and just north of the Westgate Shopping Center. The plan calls for demolishing the existing one-story service station and auto repair shop and constructing a single building with a 1,820-square-foot drive-thru restaurant and 3,220-square-foot retail center. [For additional background, see Development: Jackson Drive-Thru above.]

10:43 p.m. Outcome: The council has voted to approve the site plan for the 2625 Jackson retail & drive-thru.

10:43 p.m. DS-1 Pontiac Trail sidewalk special assessment. The cost that will be assessed to adjoining property owners for this project is $72,218. According to the staff memo accompanying the resolution, sidewalk construction would be done as part of the reconstruction of Pontiac Trail beginning just north of Skydale Drive to just south of the bridge over M-14. The project will also be adding on-street bike lanes and constructing a new sidewalk along the east side of Pontiac Trail to fill in existing sidewalk gaps and to provide pedestrian access to Olson Park and Dhu Varren Road. That’s part of the city’s Complete Streets program. [For additional background, see Infrastructure: Pontiac Trail Sidewalk above.]

10:45 p.m. Outcome: The council has voted to postpone approval of the assessment roll for the Pontiac Trail sidewalk construction project.

10:45 p.m. DS-2 Contract with DLZ Michigan, Inc. ($104,107) for 2014-2015 bridge inspection project. The city is required by federal law to inspect its bridges every two years. The city’s approach is to inspect about half of its bridges each year in order to even out the cost. Bridges to be inspected include the section of the Library Lane parking structure that is located under Fifth Avenue, which is considered a bridge.[For additional background, see Infrastructure: Bridge Inspections above.]

10:45 p.m. Outcome: The council has voted to approve the contract with DLZ Michigan Inc. for the 2014-2015 bridge inspection project

10:45 p.m. DS-3 Construction contract with Bailey Excavating, Inc. ($1,537,608) for the Springwater subdivision improvements project. This contract will cover the reconstruction of streets and some utilities – on Butternut Street from Cardinal Avenue to Springbrook Avenue, and Nordman Avenue from Packard Road to Redwood Avenue. [For additional background, see Physical Infrastructure: Springwater Street Reconstruction above.]

10:45 p.m. Outcome: The council has voted to approve the construction contract with Bailey Excavating Inc. for the Springwater subdivision improvements project.

10:45 p.m. DS-4 MDOT agreement for the Scio Church and Barton Drive sidewalks project. This agreement with MDOT, which will require about $250,000 of local funding, will establish the city as construction manager for the construction of sidewalks on the south side of Scio Church Road between Delaware Drive and Maple Road, and on the south side of Barton Drive from about 250 feet west of Chandler Road to Longshore Drive. A portion of the funding for both projects will be derived from a special assessment of adjoining property owners. [For additional background, see Physical Infrastructure: Sidewalks – Scio Church, Barton above.]

10:46 p.m. Outcome: The council has voted to approve the MDOT agreement for the Scio Church and Barton Drive sidewalks project.

10:46 p.m. DS-5 MDOT agreement for the Stone School Road improvements project ($3,445,200). The affected portion of Stone School road is between I-94 and Ellsworth Road. The planned work consists of reconstructing Stone School Road as a two-lane road with on-street bike lanes and concrete curb and gutter. [For additional background, see Physical Infrastructure: Stone School Road above.]

10:46 p.m. Outcome: The council has voted to MDOT agreement for the Stone School Road improvements project.

10:46 p.m. DS-6 Purchase of six pumps for the wastewater treatment plant from Premier Pump Inc. ($425,682). The six secondary effluent pumps for the wastewater treatment plant are all in poor condition. [For additional background, see Infrastructure: Wastewater Pumps above.]

10:46 p.m. Outcome: The council has voted to approve the purchase of six pumps for the wastewater treatment plant from Premier Pump Inc.

10:47 p.m. DS-7 Public utilities easement for 500 Huron Parkway. This is standard easement conveyed without cost to the city.

10:47 p.m. Outcome: The council has voted to approve the public utilities easement for 500 Huron Parkway.

10:47 p.m. Clerk’s report.

10:47 p.m.Outcome: The clerk’s report has been accepted.

10:48 p.m. Public comment. There’s no requirement to sign up in advance for this slot for public commentary.

10:49 p.m. Edward Vielmetti says that with the Glendale and the Burton Road issue, he appreciates the work that was done. But he says that the council should have availed itself of the option that Warpehoski had mentioned – to go into closed session to discussed the issue. That might have made for a shorter discussion, he says.

10:50 p.m. Hieftje offers the clarification that the action to remove the homeless encampment had been by MDOT, not the city. But there’s a longstanding city law against camping in the public parks, he notes. That would continue to be illegal, he says.

10:53 p.m. Briere says she hears routinely that some piece of vacant land has no owner, so that it’s somehow communal property. For those who decided that they wanted to live at Broadway Park, they knew they could not live in the park. But they believed that there was a piece of property near there that was not owned by anyone. “The days of pioneering are past in Ann Arbor,” Briere says. There’s no place that somebody doesn’t own, she says.

10:55 p.m. Kunselman says he appreciates Hieftje affirming that there are laws on the books against camping in public parks. He also addresses the possibility of rezoning Stone School Road to make tiny houses possible. He says it’s not as simple a matter as rezoning to PUD (planned unit development), and there’s a state law that has to be followed. Everyone took an oath to uphold the law, he says. To suggest that people can live in tents in PUD zoning is not accurate and that talk should stop, he says.

10:56 p.m. Lumm is thanking Paul Fulton, the IT staff member who assists councilmembers – as he is leaving the city to pursue a masters degree in Canada. He gets a round of applause.

10:56 p.m. Adjournment. We are now adjourned. That’s all from the hard benches.

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

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

Another significant item appearing on the July 21 agenda is a resolution that would direct the city administrator to list the 415 W. Washington property for sale. That would follow the listing of two other city-owned properties in the last year and a half – the former Y lot and the development rights to the top of the Library Lane parking garage.

Two other land acquisition item on the agenda would put the city on the purchasing end. A resolution sponsored by Stephen Kunselman (Ward 3) would inquire with the owner of 2805 Burton Road, located just west of US-23, about whether it is available for purchase by the city. It’s the site of a long-in-the-works affordable housing project that has never started construction.

And a resolution sponsored by Margie Teall (Ward 4) would authorize the purchase of the property at 3401 Platt Road on behalf of the Ann Arbor Housing Commission (AAHC). Cost of the purchase would be $195,000, to be reimbursed to the city by AAHC. The AAHC is undertaking reconstruction of its properties adjoining this parcel, and this acquisition would facilitate that.

The July 21 meeting is the council’s last one before the Tuesday, Aug. 5 primary elections. The meeting that week is shifted from Monday to Thursday, and will fall on Aug. 7.

Physical infrastructure on the agenda includes a $1,537,608 construction contract with Bailey Excavating Inc. for the Springwater subdivision improvements project. That work will cover the reconstruction of streets and some utilities – on Butternut Street from Cardinal Avenue to Springbrook Avenue, and Nordman Avenue from Packard Road to Redwood Avenue.

Another road reconstruction project on the agenda is a $3,445,200 agreement with the Michigan Dept. of Transportation (MDOT) for the Stone School Road improvements project – between I-94 and Ellsworth Road. The planned work consists of reconstructing Stone School Road as a two-lane road with on-street bike lanes and concrete curb and gutter.

A second agreement with MDOT, which will require about $250,000 of local funding, will establish the city as construction manager for the construction of sidewalks on the south side of Scio Church Road between Delaware Drive and Maple Road, and on the south side of Barton Drive from about 250 feet west of Chandler Road to Longshore Drive. A portion of the funding for both projects will be derived from a special assessment of adjoining property owners.

Final approval of a special assessment for an additional sidewalk construction project also appears on the agenda. The sidewalk construction will be done as part of the reconstruction of Pontiac Trail beginning just north of Skydale Drive to just south of the bridge over M-14.

On July 21 the council will also be asked to approve a $104,107 contract with DLZ Michigan Inc. for the regular bridge inspection program. That includes the section of the Library Lane parking structure that is located under Fifth Avenue.

Six new pumps for the wastewater treatment plant to be purchased from Premier Pump Inc. for $425,682 is another agenda item.

With respect to legal infrastructure, a federal judge ruled earlier this year that eligibility requirements for elected officers in the city of Ann Arbor’s charter are not legally enforceable. On the council’s July 21 agenda is a resolution that would place new charter requirements on the ballot for voters to decide in the Nov. 4, 2014 election. The current charter language imposes one-year durational requirements on voter registration in the city and residency in the ward that a potential councilmember would like to represent. For mayor, the current requirement is simply a one-year durational requirement for voter registration in the city. That one year is calculated from the time an elected official takes office. The new requirements, would impose a voter registration requirement at the time paperwork is submitted to qualify for the ballot.

Several items related to development also appear on the council’s July 21 agenda. The council will consider a site plan for 2625 Jackson, on the southeast corner of Jackson and I-94, and just north of the Westgate Shopping Center. The plan calls for demolishing the existing one-story service station and auto repair shop and constructing a single building with a 1,820-square-foot drive-thru restaurant and 3,220-square-foot retail center.

The council will also consider a site plan for Dusty’s Collision at 2310 South Industrial Highway, south of Jewett. The proposal calls for building a 30,537-square-foot, one-story auto collision repair facility on a parcel that’s currently vacant. The new building would include 5,285 square feet for office use, a waiting area of 5,227 square feet, and 20,025 square feet for the repair area and garage.

For State Street Village – a proposed 78-unit apartment project that will eventually appear on the council’s agenda – the council will consider giving initial approval at its July 21 meeting to the rezoning of the land. The 4.5-acre parcel would be rezoned from M1 (limited industrial district) to O (office district).

Not tied to any particular project on the July 21 agenda is final consideration by the council of a change to downtown zoning. The item is confined to a 1.1-acre parcel at 425 S. Main St. at the southeast corner of William and Main. The council gave initial approval of the rezoning – from D1 (downtown core) to D2 (downtown interface) at its June 16 meeting that followed a complex series of votes. At the same meeting, the council also gave initial approval to a change to the overlay character district for the parcel, after amending the height limit – from 100 feet to 60 feet. Zoning changes require two votes by the council, taken at separate meetings, because they are changes to the city’s ordinances.

Another ordinance change on the July 21 agenda – which is getting final consideration by the council – is one that clarifies the composition and appointment process for the city’s environmental commission. Related thematically to that item is a resolution that clarifies the composition of the city’s commission on disability issues.

The consent agenda for July 21 includes an item that indicates the approach of fall – approval of the change to traffic patterns for the Aug. 27-29 University of Michigan student move-in.

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.

Physical Infrastructure

The council’s July 21 agenda includes several items related to the city’s physical infrastructure.

Physical Infrastructure: Springwater Street Reconstruction

The council will consider a $1,537,608 construction contract with Bailey Excavating Inc. for the Springwater subdivision improvements project. That work will cover the reconstruction of streets and some utilities – on Butternut Street from Cardinal Avenue to Springbrook Avenue, and Nordman Avenue from Packard Road to Redwood Avenue.

Funding for the project will be drawn from the street millage fund ($883,316), stormwater fund ($903,065), and drinking water funds ($489,574) for a total project cost of $2,275,955.

Funding from the drinking water and stormwater funds is based on the fact that the project includes replacing the existing water main and performing stormwater system improvements – including construction of sand filters within the Butternut Street and Nordman Avenue right-of-way. Construction is expected to start in August 2014 with completion expected this fall.

Physical Infrastructure: Stone School Road

The council will consider a $3,445,200 agreement with the Michigan Dept. of Transportation (MDOT) for the Stone School Road improvements project – between I-94 and Ellsworth Road. The planned work consists of reconstructing Stone School Road as a two-lane road with on-street bike lanes and concrete curb and gutter

A new 5-foot wide, concrete sidewalk will be constructed on the west side of the roadway from Pheasant Run Circle to Ellsworth Road. Included in the project is the replacement of the existing 16-inch water main in Stone School Road. The water main has broken several times. A short segment of 8-inch sanitary sewer is included in the project. Bioswales and “in-line” stormwater detention will be included. An existing jack-arch culvert under Old Stone School Road along Malletts Creek will be removed, in order to improve creek hydraulics, habitat and stormwater quality. New street lights along Stone School Road will also be installed.

Physical Infrastructure: Sidewalks – Scio Church, Barton

The council will consider an agreement with MDOT, which will require about $250,000 of local funding, that will establish the city as construction manager for the construction of of sidewalks on the south side of Scio Church Road between Delaware Drive and Maple Road, and on the south side of Barton Drive from about 250 feet west of Chandler Road to Longshore Drive. A portion of the funding for both projects will be derived from a special assessment of adjoining property owners.

Here’s how the funding breaks down:

Project Funding
               Scio Church    Barton       TOTAL
Federal Share     $164,000   $36,000    $200,000
Local Share        199,474    42,626     242,100
Spcl Assess          1,626     1,980       3,606            

TOTAL             $365,100   $80,606    $445,706

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Infrastucture: Pontiac Trail Sidewalk

The council will consider giving final approval of the assessment roll for the construction of a new sidewalk on Pontiac Trail, after a public hearing. The council voted to set the public hearing for the July 21 meeting on June 6, 2014. The cost that will be assessed to adjoining property owners is $72,218.

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

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

Infrastructure: Bridge Inspections

The council will consider approval of a $104,107 contract with DLZ Michigan Inc. for the regular bridge inspection program.

The city is required by federal law to inspect its bridges every two years. The city’s approach is to inspect about half of its bridges each year in order to even out the cost.

Bridges to be inspected include the section of the Library Lane parking structure that is located under Fifth Avenue, which is considered a bridge.

According to the staff memo accompanying the resolution, the following bridges will be inspected in 2014: Island Drive over the Traver Creek; Maiden Lane over the Huron River; Fuller Road (eastbound and westbound) over the Huron River; Huron Parkway over the Huron River, Norfolk Southern Railroad and Geddes Avenue; and Wastewater Treatment Plant Drive over the Huron River.

And in 2015, the following bridges will be inspected: Broadway over the Huron River; Broadway over Depot Street and the Norfolk Southern Railroad; E. Stadium Boulevard bridge over S. State Street; E. Stadium Boulevard bridge over the Ann Arbor Railroad tracks; Fuller Road over the Norfolk Southern Railroad; East Medical Center Drive over the Norfolk Southern Railroad; Eisenhower Parkway over the Ann Arbor Railroad; the portion of the Fifth Avenue parking structure under South Fifth Avenue; and the University of Michigan tunnel under Huron Parkway.

Funding will come from the major street fund ($133,500) and the sewage disposal fund ($2,500). The University of Michigan and the DDA will reimburse the city for about $6,600 for inspections related to facilities they maintain.

Infrastructure: Wastewater Pumps

Six new pumps for the wastewater treatment plant to be purchased from Premier Pump Inc. for $425,682 also appear on the council’s July 21 agenda.

According to the staff memo accompanying the agenda item, the city’s wastewater treatment plant has six 150-horsepower secondary effluent pumps that are about 35 years old. When the plant is operating in typical mode, two of the six pumps are in continuous operation. Occasionally, when the Huron River is at high levels, additional pumps are used to pump secondary effluent simultaneously to the sand filters and the river.

Over the past three years, three of the pumps have failed. One of the pumps was irreparable, and the other two pumps were repaired but are not reliable for long-term use. The remaining three pumps are fully functional, but in a worn condition.

Failure of the secondary effluent pumps was unforeseen, according to the staff memo, so the cost of their replacement was not included in the design of the Facilities Renovations Project (FRP) currently under construction at the wastewater treatment plant. The city’s attempt to include replacement of the pumps in the FRP and to receive funding through the state’s revolving fund loan program was rejected by the Michigan Depart. of Environmental Quality, according to the staff memo.

Legal Infrastructure

A federal judge ruled earlier this year that eligibility requirements for elected officers in the city of Ann Arbor’s charter are not legally enforceable. That ruling was based on early 1970s decisions that struck down Ann Arbor’s city charter eligibility requirements as unconstitutional. On the council’s July 21 agenda is a resolution that would place new charter requirements on the ballot for voters to decide in the Nov. 4, 2014 election.

The current charter language imposes one-year durational requirements on voter registration in the city and residency in the ward that a potential councilmember would like to represent. For mayor, the current requirement is simply a one-year durational requirement for voter registration in the city. That one year is calculated from the time an elected official takes office. The new requirements would impose a voter registration requirement at the time paperwork is submitted to qualify for the ballot.

For example, a potential candidate for the city council would need to be a registered voter in the ward they seek to represent at the time they submit their qualifying signatures to the city clerk. And a potential candidate for mayor would need to be a registered voter in the city at the time they submit their qualifying signatures to the city clerk. With paperwork for partisan primaries due in April – for November elections – the new requirements would translate practically speaking to something similar to a six-and-a-half-month durational requirement. For independent candidates, that timeframe would be closer to three and a half months. Updated July 18: The Legistar version of the resolution does not reflect the struck-through text and is confusing to read. Jane Lumm (Ward 2) has provided a text of the correct draft to media outlets: [.pdf of July 18, 2014 charter amendment resolution text]

Updated July 19 at 11:09 p.m.: City clerk Jackie Beaudry edited the Legistar entry to reflect the intended text accurately: [link]

On  the afternoon of Friday, July 18, the city attorney’s office was working with the state attorney general’s office on the wording of the charter amendment and the ballot proposal. The proposal has been divided into two questions – one focused on elective officers, and the other dealing with appointive officers.

According to information provided on the Michigan Secretary of State’s website, confirmed by the Washtenaw County clerk’s office, the council would have until Aug. 12, 2014 to meet the deadline for placing a question on the ballot. Before the deadline, the council has one additional meeting after July 21 – on Aug. 7.

So it would be an option for the council to postpone consideration of this amendment at their July 21 meeting.

Land Sale

Appearing on the July 21 agenda is an item sponsored by Chuck Warpehoski (Ward 5) and mayor John Hieftje with the title “Resolution to List for Sale 415 W. Washington and Appropriate Funds for Allen Creek Greenway Master Plan.” As of mid-day Friday, July 18, no text or memo was included in the resolution. But Warpehoski responded to an emailed query from The Chronicle by saying that the resolution might be pulled, depending on the outcome of a meeting of the Allen Creek Greenway Conservancy on July 18. [The item has since been updated with text. The amount to be allocated for the master planning effort is $250,000]

Updated July 19: Warpehoski has announced he will be withdrawing the resolution. For a detailed explanation, see the comment below. 

The city-owned 415 W. Washington parcel is highlighted in yellow.

To complete a greenway master plan, the informal ballpark estimate from city staff for cost and timeframe, according to Warpehoski, is $150,000 to $200,000 and from 18 to 24 months. The resolution would likely stipulate that the cost of the master plan work would be reimbursed to the general fund from the net proceeds of the land sale.

Warpehoski indicated that one reason a master plan for the greenway is important is that the lack of such a plan hurt the city’s application for funding from the state of Michigan to support renovations to the 721 N. Main property. The city did not receive the state grant after applying for it in early 2013.

In addition, Warpehoski wrote, there’s an opportunity to partner with the University of Michigan and a class taught by Larissa Larsen, a professor of urban and regional planning and natural resources. Such a partnership would reduce costs of the planning effort.

The idea of funding work on a master plan for the Allen Creek greenway was discussed most recently at the June 16, 2014 council meeting, in the context of a resolution that Christopher Taylor (Ward 3) had brought forward that would have jump-started an effort to redesign Liberty Plaza at the corner of Division and Liberty streets. Taylor’s resolution would have appropriated $23,577 for the work, which was to have included input from a variety of stakeholders, including adjacent property owners.

That resolution was ultimately referred by the council to the park advisory commission (PAC). At PAC’s July 15 meeting, two people spoke during public commentary to advocate for an integrated approach to the “library block,” which includes Liberty Plaza. But PAC postponed discussion related to Liberty Plaza and the council resolution, as only five of nine voting members were present. Taylor is an ex officio non-voting member of PAC, but had not discussed the resolution at previous PAC meetings. He attended PAC’s July 15 meeting.

The June 16 council meeting discussion featured the following exchange between Stephen Kunselman (Ward 3) and Hieftje, recorded in The Chronicle’s live updates from the meeting:

10:15 p.m. Kunselman asks if this means that Liberty Plaza would jump ahead of developing a master plan for the Allen Creek Greenway. Hieftje says that if Kunselman can be a bit patient, there will be a master plan proposed soon.

10:18 p.m. Hieftje says that an Allen Creek Greenway master plan might be prepared before the end of the budget year. Kunselman asks if there’d been any council direction to start any of the activity that Hieftje has described. Yes, Hieftje says, there was a resolution involving 415 W. Washington. Kunselman reiterates the fact that staff has not been directed specifically to develop a greenway master plan. He’s reiterating the lack of resources for park planning. There are 157 parks in the city and he wonders why Liberty Plaza has become the most important one. Kunselman will support the referral to PAC.

If the council directs the 415 W. Washington property to be listed for sale, it would be the third downtown city-owned property to be listed for sale in the last year and a half. The council directed the city administrator to move toward hiring a broker for the old Y lot at Fifth and William at its March 4, 2013 meeting. And on Nov. 18, 2013, the council authorized the sale of the lot to Dennis Dahlmann for $5.25 million.

And the council voted at its April 7, 2014 meeting to confirm its earlier decision to direct the city administrator to list the development rights for the top of the Library Lane parking structure for sale. On July 1, city administrator Steve Powers notified the council that he’d selected CBRE to market and broker the sale of the development rights.

The 415 W. Washington parcel is currently used as a surface parking lot in the city’s public parking system, which has averaged about $18,000 in revenue per month, or about $216,000 a year over the last two years. The parcel also includes several buildings that previously served as the road commission facility and the city maintenance yard. A study commissioned by the city of the property concluded that the cost of stabilizing and renovating all of the buildings could be as high as $6 million. [.pdf of Aug. 29, 2013 report] That study came after the 555 Nonprofit Gallery and Studios had stepped forward with an interest in the possible renovation and reuse of the building as artist studio space. For additional background on that, see “City Council Parcels Out Tasks: Open Space.”

Ultimately the city moved toward demolishing the buildings. The city administrator’s proposed FY 2015 budget included $300,000 for the demolition of the buildings, but the council amended out that allocation during its deliberations on May 19, 2014:

1:40 a.m. Budget amendment: 415 W. Washington demolition. This proposal will simply eliminate general fund support for demolition of the city-owned buildings at 415 W. Washington. [Kailasapathy, Lumm, Eaton, Anglin]

1:54 a.m. Outcome: The council approved this amendment over the dissent of Kunselman, Taylor and Warpehoski.

Two pieces of land immediately adjacent to 415 W. Washington have been in the news recently. At their July 1, 2014 meeting, city planning commissioners approved The Mark condo project for the parcel on Liberty Street where a car wash is currently located. The proposal from developer Alex de Parry is to demolish an existing car wash at 318 W. Liberty and build an 11,910-square-foot structure with seven residential condominiums – five two-bedroom and two three-bedroom units.

And at the July 2, 2014 meeting of the Ann Arbor Downtown Development Authority, it was announced that the final site recommendation for a downtown stop for the WALLY rail line is for the east side of the railroad tracks between Liberty and Washington streets – opposite of where the former city maintenance yard was located at 415 W. Washington. It was reported at that meeting that it would not be a full station. Rather, it would be a platform with canopies and a ramp to Washington Street to the north and a sidewalk connection to the south onto Liberty. The stop would be built entirely within the railroad right-of-way – and there would be no taking of public or private property. The site would be contingent on the WALLY project moving forward.

Land Purchase: Burton Commons

Appearing on the July 21 agenda is a resolution for the city to inquire with the owner of 2805 Burton Road, located just west of US-23, about whether the land is available for purchase by the city. It’s the site of a long-in-the-works affordable housing project that has never started construction.

Animated .gif of the Burton Commons property showing the demolition of single-family homes on the parcels – from aerial images in the Washtenaw County and city of Ann Arbor GIS system.

The land is immediately adjacent to US-23 to the east and Sylvan Park to the north. A residential neighborhood lies to the west of the land.

The resolution is sponsored by Stephen Kunselman (Ward 3), who had told his council colleagues at their June 2, 2014 meeting that he’d be bringing forward such a resolution. The idea would be to use open space millage money to purchase the land. The resolution states that the estimated fair market value, according to the city assessor, is $628,800.

One-third of the open space millage proceeds are supposed to be allocated to acquisition of land within the city limits. At the June 2 meeting, Kunselman argued for the purchase based on the positive impact on climate change and the adjacency of Sylvan Park to the north.

The purchase of the land would also be consistent with a sentiment Kunselman expressed at a recent mayoral candidate forum – that there was resistance in Ward 3, which he represents, to “dumping and piling on” affordable housing in that ward.

Kunselman is a candidate for mayor in the Aug. 5 Democratic primary, along with three other councilmembers Sabra Briere (Ward 1), Sally Petersen (Ward 2) and Christopher Taylor (Ward 3).

The July 21 council meeting is the last one before the Aug. 5 election. That week the meeting is shifted to Thursday from Monday, due to the Tuesday election.

Land Purchase: 3401 Platt Road

On the July 21 agenda is an item that would authorize the city to purchase the parcel at 3401 Platt Road.

Purchase of the blue-highlighted parcel could be authorized by the city council at its July 21 meeting.

The parcel is adjacent to Ann Arbor Housing Commission (AAHC) properties that AAHC is planning to reconstruct.

Four units currently stand at the location, but AAHC has previously announced plans to demolish those structures and replace them with 32 units of housing – a net gain of 28 units.

Now, however, the AAHC is interested in expanding that project, using the additional adjacent property. At the planning commission’s July 15, 2014 meeting, planning manager Wendy Rampson reported that because the AAHC has decided to expand its development on Platt Road, they’ll be holding another citizen participation meeting about that on Monday, July 28 at 7 p.m. at the Ann Arbor District Library’s Malletts Creek branch, 3090 E. Eisenhower. This is not the same site as a county-owned property on Platt Road, which is also being considered for affordable housing.

Earlier this year, at its April 21, 2014 meeting, council gave several approvals  in connection with the AAHC renovations. The acquisition of the additional parcel will help the AAHC with its plans for the property.

Three of the existing four houses are in the floodway, and the water table is higher than the basements. When it rains, the properties flood. So the plan is to tear down the existing buildings, and construct new housing further north on the same site, on land that’s currently vacant.

The AAHC will be reimbursing the city for the $195,00 cost of the 1.17-acre property.

But it is the city that must execute the transaction, under Ann Arbor City Code, Chapter 8, Section 1:209(3):

All deeds, mortgages, contracts, leases, purchases, or other agreements regarding real property which is or may be put under the control of the housing commission, including agreements to acquire or dispose of real property, shall be approved and executed in the name of the City of Ann Arbor. The Ann Arbor City Council may, by resolution, decide to convey or assign to the housing commission any rights of the city to a particular property owned by the City of Ann Arbor which is under the control of the housing commission and such resolution shall authorize the City Administrator, Mayor and Clerk to take all action necessary to effect such conveyance or assignment.

Development

On the council’s July 21 agenda are several items related to development.

Development: Jackson Drive-Thru

The council will consider approval of a site plan for a new drive-thru restaurant on Jackson Avenue – near the I-94 interchange. The planning commission recommended approval at its June 17, 2014 meeting.

Aerial view of 2625 Jackson Ave.

The site is located at 2625 Jackson, on the southeast corner of Jackson and I-94, and just north of the Westgate Shopping Center. The plan calls for demolishing the existing one-story service station and auto repair shop and constructing a single building with a 1,820-square-foot drive-thru restaurant and 3,220-square-foot retail center. The gas pump islands and canopy will be removed. The total project would cost an estimated $400,000. [.pdf of staff memo]

The restaurant’s single lane drive-thru would primarily be accessed from a proposed curbcut on Jackson Ave., with an exit through the Westgate Shopping Center Jackson Ave. entrance. An existing curbcut off Jackson to the east would be closed. The new curbcut has been approved by the Michigan Dept. of Transportation, and would prevent left turns onto Jackson. The drive-thru lane provides stacking for up to four vehicles and would be screened to the north by the proposed building.

In a separate vote at their June 17 meeting, commissioners granted a special exception use for this project, which does not require additional city council approval. This was the first drive-thru proposal that has come through the city’s approval process since the city council approved changes to the Chapter 55 zoning ordinance that regulates drive-thrus. That approval came at the council’s June 2, 2014 meeting.

Development: Dusty’s Collision

The council will consider a site plan for Dusty’s Collision at 2310 South Industrial Highway, south of Jewett.

Aerial view of Dusty Collision site.

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

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

The planning commission’s recommendation for approval, made at its June 3, 2014 meeting, was contingent on the owner – Whitney’s Collision West of Ann Arbor – providing one footing drain disconnect before the city issues a certificate of occupancy. [.pdf of staff memo]

Development: State Street Village

For State Street Village – a proposed 78-unit apartment project that will eventually appear on the council’s agenda – the council will consider giving initial approval at its July 21 meeting to the rezoning of the land. The 4.5-acre parcel would be rezoned from M1 (limited industrial district) to O (office district).

A recommendation for the rezoning was given at the June 17, 2014 meeting of the Ann Arbor planning commission.

Aerial view of State Street Village site.

At that meeting, commissioners recommended approval of a site plan, development agreement and rezoning for the project. It’s a $10 million project put forward by Ann Arbor-based McKinley Inc. at 2221-2223 S. State St. The plan calls for constructing two 4-story apartment buildings at the rear of the site, totaling 112,262 square feet, with 38 units each. Another 2,027 square foot building – for a leasing office with two apartments above it – would be built on the front of the parcel, on South State.

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

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

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

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

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

Only the initial consideration of the rezoning issue will be before the council on July 21. The site plan approval will be considered at a future meeting, likely at the same meeting when the council gives final consideration to the rezoning.

Development: Downtown Zoning

The council will consider giving final approval to changes in two parts of the zoning code affecting the parcel at 425 S. Main, on the southeast corner of Main and William streets. Initial approval was given to rezoning from D1 to D2, with an amended height limit – of 60 feet. The original height limit in the ordinance revision considered by the council was 100 feet.

Initial approval by the council came at its June 16, 2014 meeting.

Aerial view of 425 S. Main – outlined in green – between William and Packard. An alley separates the site from a residential neighborhood along South Fourth Avenue.

The council’s initial approval came only after two votes on each of the parts of the zoning, as councilmembers had first decided to refer the height limit issue back to the planning commission, but ultimately decided to amend the height limit to 60 feet. A summary of the deliberations is provided in The Chronicle’s live updates from the meeting.

By way of background, currently a two-story 63,150-square-foot office building – where DTE offices are located – stands on the southern part of that site, with a surface parking lot on the north portion. [.pdf of staff memo on 425 S. Main rezoning]

Considered separately by the council on July 21 will be final votes that would: (1) change the zoning of the parcel from D1 (downtown core base district) to D2 (downtown interface base district); and (2) change the character overlay district, of which the parcel is a part, to specify the height limit at 60 feet, not the 100 feet that the planning commission had recommended. [.pdf of staff memo on overlay district]

Upper-story setbacks, specified in the character district overlay along with the height limits, were specified based on the 100-foot limit. So the planning staff will likely present the council with some revised language on the setbacks, in order to be consistent with the amended 60-foot limit.

The planning commission recommended both the zoning changes at its May 6, 2014 meeting. The planning commission’s vote on the basic zoning change was unanimous – 9-0. But the vote on the 100-foot height limit was only 6-3, with dissent coming from Sabra Briere, Ken Clein and Jeremy Peters. Briere also serves on city council, representing Ward 1. Both recommendations had been brought forward by the commission’s ordinance revisions committee (ORC). Members are Bonnie Bona, Diane Giannola, Kirk Westphal and Wendy Woods.

The planning commission’s recommendations came in response to a city council directive given at its Jan. 21, 2014 meeting, which had been based on previous work the planning commission had done. The commission had studied and developed a broader set of eight recommendations for zoning changes in specific parts of the downtown. The overall intent was in large part to buffer near-downtown residential neighborhoods. The commission had unanimously approved those original recommendations at its Dec. 3, 2013 meeting.

Those initial Dec. 3, 2013 recommendations from the planning commission had come in response to a previous direction from the city council, given at the council’s April 1, 2013 meeting. The council’s action in early 2013 came in response to the controversial 413 E. Huron development.

The item affecting 425 S. Main is just the first of what are expected to be several other changes recommended by the planning commission.

The current D1 zoning for 425 S. Main allows for a maximum height of 180 feet. The previous zoning, prior to 2009, set no limits on height. At this time, no new development has been proposed for this site.

Board and Commissions

Two commissions are the topic of separate council agenda items: the environmental commission; and the commission on disability issues.

Boards and Commission: Environmental

The council will give final consideration to an amendment to the city ordinance establishing the environmental commission (EC). Initial approval was given at the council’s July 7, 2014 meeting.

The ordinance change relates in part to the way that nominations to the EC are made. The EC is one of the few boards or commissions in the city for which the mayor does not make nominations. The more familiar procedure – for most boards and commissions – includes a mayoral nomination at one council meeting, followed by the confirmation vote of the council at a subsequent meeting.

In the past, the council has mimicked this procedure for the EC by having some councilmember put a resolution on the agenda appointing a member to the EC, and then postponing the resolution until the next meeting. The ordinance revisions include clarification that the nominations put forward by the council as a body to the EC are to be made by the two councilmembers who serve as the council’s representatives to the EC.

Besides two slots for council representatives, the EC includes positions for members of the planning commission, park advisory commission, and energy commission. The ordinance revision to be given final consideration on July 21 makes clear that those groups make their appointments to the EC without further city council approval. This specific revision comes after the planning commission had selected Kirk Westphal from its membership to serve on the EC earlier this year. Some councilmembers voted against his confirmation, when the council was asked to confirm his selection two months ago. For background on that vote, see “Hutton, Westphal Reappointed to EC.”

The staff memo summarizes the changes to the ordinance regulating appointments to boards and commissions as follows:

• clarifies that the councilmembers currently serving on the environmental commission nominate persons for “at-large” appointments, which are then approved by council resolution;
• clarifies that the planning commission, park advisory commission, and energy commission each designate a representative to the environmental commission without council approval and for a one-year term;
• clarifies that the 3-year terms should be equally staggered;
• removes references to the Leslie Science Center Advisory Board, which no longer exists;
• requires the city administrator or the designated support staff of the environmental commission to notify council of vacancies – previously this was delegated to the clerk’s office, which does not always have immediate knowledge of vacancies;
• contains a few minor, non-substantive corrections and clarifications.

Mark Clevey’s name had been scheduled to be put before the council on July 7 to be confirmed as a member of the EC, but was withdrawn – because he is the selection by the energy commission to represent the energy commission on the EC. Once enacted, the energy commission appointment to EC (like that of other boards and commissions to the EC) will be for one year and will not need city council approval.

Boards and Commission: Disabilities

The council will consider a resolution that clarifies the membership on the city’s commission on disabilities. The clarification concerns the city council representative, who will be appointed for a one-year term annually. Currently the council’s representative is Sally Petersen (Ward 2).

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Given initial approval by the council was an amendment to the city ordinance establishing the commission. In other business, the council confirmed the appointment of additional members to the commission: Allison Skinner and Benjamin Muth. Those nominations had been announced at the council’s June 16, 2014 meeting.

The ordinance change relates in part to the way that nominations to the EC are made. The EC is one of the few boards or commissions in the city for which the mayor does not make nominations. The more familiar procedure – for most boards and commissions – includes a mayoral nomination at one council meeting, followed by the confirmation vote of the council at a subsequent meeting.

In the past, the council has mimicked this procedure for the EC by having some councilmember put a resolution on the agenda appointing a member to the EC, and then postponing the resolution until the next meeting. The ordinance revisions include clarification that the nominations put forward by the council as a body to the EC are to be made by the two councilmembers who serve as the council’s representatives to the EC.

Besides two slots for council representatives, the EC includes positions for members of the planning commission, park advisory commission, and energy commission. The ordinance revision to which the council gave initial approval on July 7 makes clear that those groups make their appointments to the EC without further city council approval. This specific revision comes after the planning commission had selected Kirk Westphal from its membership to serve on the EC earlier this year. Some councilmembers voted against his confirmation, when the council was asked to confirm his selection two months ago. For background on that vote, see “Hutton, Westphal Reappointed to EC.”

The staff memo summarizes the changes to the ordinance regulating appointments to boards and commissions as follows:

• clarifies that the councilmembers currently serving on the environmental commission nominate persons for “at-large” appointments, which are then approved by council resolution;
• clarifies that the planning commission, park advisory commission, and energy commission each designate a representative to the environmental commission without council approval and for a one-year term;
• clarifies that the 3-year terms should be equally staggered;
• removes references to the Leslie Science Center Advisory Board, which no longer exists;
• requires the city administrator or the designated support staff of the environmental commission to notify council of vacancies – previously this was delegated to the clerk’s office, which does not always have immediate knowledge of vacancies;
• contains a few minor, non-substantive corrections and clarifications.

The ordinance amendment will still need a second and final vote at a subsequent meeting, in order to be enacted.

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

The Ann Arbor city council’s first meeting of the fiscal year is also the next-to-last one before the Aug. 5, 2014 primary elections for city council and mayor.

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

A month before the dog days actually begin, the council will be considering as part of its July 7 agenda a resolution that would pay Washtenaw County $135,570 for animal control services. The county in turn contracts with the Humane Society of Huron Valley for those services. This is a new arrangement, based on recommendations from a 2012 county task force. The idea is that local governments in the county with their own dog licensing programs, which generate revenue through licensing, should shoulder part of the cost of the county’s animal control contract. Ann Arbor has its own dog licensing program.

The July 7 agenda is heavy with items related to infrastructure. Three special assessments for the construction of new sidewalks are on the agenda for final approval: Stone School Road, Barton Drive and Scio Church Road. And the council will be considering approval of contracts for street repair associated with utilities work, the replacement of a clarifier at the drinking water treatment plan, the replacement of liners for the swimming pools at Buhr and Fuller parks, and for monitoring work at the now-dormant Ann Arbor city landfill.

Several development items also appear on the July 7 agenda. The rezoning of three Ann Arbor Housing Commission (AAHC) properties will be given final consideration in connection with major renovations and improvements the commission is making to its inventory – at Baker Commons, Green/Baxter Court Apartments, and Maple Meadows. Initial approval for rezoning of another AAHC property is also on the council’s agenda: North Maple Estates.

In addition to the AAHC properties, the council will consider rezoning for parcels on Research Park Drive, in the southern part of the city, and a site plan for the expansion of Rudolf Steiner High School on the city’s north side.

The council will give initial consideration to changes in the ordinance that defines how city boards and commissions are appointed – changes that focus on the environmental commission. The changes involve clarifications of the nomination process and other housekeeping issues. The council will also consider confirmation of three appointments to the environmental commission: Allison Skinner, Benjamin Muth and Mark Clevey.

The summertime theme of the agenda is reflected in the approval of temporary outdoor sales and consumption of alcohol for several downtown businesses during the art fairs, which run from July 16-19. A permanent liquor license for Ruth’s Chris Steakhouse also appears on the council’s agenda. The theme of transition from summer to fall is reflected on the council’s July 7 agenda in the set of street closing approvals, which include closings around the University of Michigan stadium for home football games.

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.

Animal (Dog) Control Services

The council will be considering a $135,570 agreement between the city of Ann Arbor and Washtenaw County for animal control services.

Background to the city’s agreement includes a long process of discussions and negotiations between Washtenaw County and the Humane Society of Huron Valley (HSHV) – a conversation that began in 2011 when the amount of funding provided to HSHV was under scrutiny. A task force was appointed, and ultimately the county board of commissioners, at its Nov. 7, 2012 meeting, authorized contracting with HSHV for $500,000 a year for animal control services. [.pdf of contract between Washtenaw County and HSHV]

Recommended as a part of that task force report was for the county to pursue a cost-sharing arrangement with those municipalities in the county that collect licensing fees for animals. The city of Ann Arbor is one such municipality in the county. From the task force report:

Cost Sharing with Local Governments
Between 45 and 65 percent of the animals at the Humane Society come from jurisdictions with their own animal control ordinances or licensing programs. While the County would bear responsibility for stray dogs in those jurisdictions absent a controlling ordinance, it would also collect licensing fees from pet owners in those communities. The current system, however, drives costs to the County without providing direct revenues to offset them. The Task Force recommends that the County reach out to the communities whose ordinances either exceed the scope of the County animal control policy or that capture licensing fees, and develop a cost sharing agreement with those local governments to offset increases driven by local ordinance requirements. [.pdf of 2012 task force report]

Cited in the council’s July 7 resolution as the cost of public animal control countywide is $951,793. The assignment of $135,570 of that cost to the city of Ann Arbor is based on the proportion of dogs that come from Ann Arbor that are housed at HSHV, factoring in the $500,000 provided to the HSHV by Washtenaw County.

The city council’s approved FY 2015 budget had already included $105,000 for such animal control services. Increased dog licensing revenue is projected to fund the remaining $32,570, according to the staff memo accompanying the resolution.

The city council’s FY 2015 budget deliberations on May 19 , 2014 resulted in two amendments that affected funding for animal control services. One was an amendment that re-allocated $75,000 for a commercial sign inventory to animal control, including deer herd management. The other was an amendment that adjusted the revenue budget upwards to reflect an assumed 30% participation rate for dog licensing in the city – which would be a total of about $63,000. That’s $48,000 more than the actual amount up to now, with the idea being that a publicity campaign could increase participation in the licensing program. The additional revenue is to be put towards animal control.

Infrastructure: Sidewalk Special Assessments

At its July 7 meeting, the city council will consider the final vote on the special assessment of property owners to help pay for construction of three different sidewalks – on Stone School Road, Barton Drive and Scio Church Road.

The new sidewalk on Stone School Road will be on the west side of the road. This work will be done in conjunction with the Stone School Road reconstruction project from I-94 to Ellsworth Road. The total sidewalk project cost is roughly $128,500, of which about $55,000 will be special assessed. A public hearing on the special assessment will also take place at the council’s July 7 meeting.

The Barton Drive sidewalk project will extend eastward from Bandemer Park at Longshore Drive. The cost of the Barton Drive sidewalk has been calculated to be $80,606. Of that, about $36,000 will be paid from federal surface transportation funds. Of the remaining $44,606, the city’s general fund would pay $42,626, leaving just $1,980 to be paid through the special assessment.

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

Infrastructure: Public Services Contracts

Several contracts appear on the council’s July 7 agenda that are related to infrastructure maintenance and repair. The council will be considering a $344,600 contract with Cadillac Asphalt LLC for repair of streets after water mains, storm and sanitary sewers are repaired. The city’s public services area does not have the equipment or the staff to perform these types of street repairs, which often involve the replacement of the concrete base or the concrete street surface, according to the staff memo accompanying the resolution.

The city council will also consider awarding a $175,000 contract to replace a clarifier drive in the drinking water treatment plant – to Titus Welding Company. According to the staff memo accompanying the resolution, the drive to be replaced is original to the plant and was installed in 1965. It had an expected life of 30 years. It has begun to show signs of failure, included seizing, high vibration, and bearing failure. The drive has been assessed by the manufacturer and it has been determined that it is not cost-effective to repair, according to the memo.

The council will also consider a $205,055 contract with Renosys Corp. to install PVC pool liners at Buhr and Fuller pools. The city is switching to PVC from Marcite, which is, according to a staff memo, a “cementitous product that covers the pool shell creating a smooth and waterproof surface.” The new product has a smoother surface, and won’t require the yearly patching required due to harsh winters and wear and tear on the pool, according to the staff memo.

The council will consider a $80,836 contract amendment with Tetra Tech Inc. for environmental consulting services at the now-closed Ann Arbor landfill. That brings the total amount on the contract to $624,221. According to the staff memo accompanying the resolution, for several years the landfill has had a plume of 1-4 dioxane and vinyl chloride contamination offsite primarily in Southeast Area Park, northeast of the landfill. A slurry wall was constructed along most of the boundary of the landfill to eliminate groundwater passing through the landfill, and three purge wells were used to attempt to capture the offsite contamination.

Also on the July 7 agenda is a resolution for $125,000 contracts with Stantec Consulting Michigan Inc. and Fishbeck, Thompson, Carr & Huber Inc. for general civil engineering and surveying services. Those services include a range of activities, according to the staff memo accompanying the resolution: design and management of capital improvement projects; private development construction plan review; private development utility and road construction inspection; traffic engineering; civil engineering design; construction inspection; drafting; and surveying.

Development

On the council’s agenda are a number of rezoning requests and site plans associated with new development in the city.

Development: Research Park Drive – Rezoning, Recreation

On the city council’s July 7 agenda for initial consideration is the rezoning of six sites along Research Park Drive – from RE (research district) to ORL (office/research/limited industrial district). Related to that rezoning, the council will be asked to give initial approval to amendments to the city’s zoning code to allow outdoor recreation as a special exception use in the ORL zoning district.

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

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

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

Only the initial rezoning and the amendment allowing recreation as a special exception use will be in front of the council at its July 7 meeting. The planning commission recommended support of both actions at its June 3, 2014 meeting.

Aerial view showing Research Park Drive parcels.

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

Development: Rudolf Steiner Site Plan

On the July 7 city council agenda is the approval of a site plan for the expansion of the Rudolf Steiner High School. The private school is located at 2230 Pontiac Trail, north of Brookside. The planning commission had recommended approval of the site plan at its June 3, 2014 meeting.

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

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

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

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

At their June 3 meeting, planning commissioners approved a special exception use for the project. That’s required under Chapter 55 of the city’s zoning code because the site is zoned R1D (single family dwelling). Private schools are allowed within that zoning district, if granted a special exception use. The planning commission has discretion to grant a special exception use, which does not require additional city council approval.

Development: AAHC Rezoning Final Approvals

On the council’s agenda for July 7 is the final approval to the rezoning of three Ann Arbor Housing Commission properties that have been given initial approval by the city council. The planning commission had recommended the rezonings at its May 6, 2014 meeting. Initial city council action came at its June 2, 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 given initial rezoning approval on June 2, 2014 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 in progress 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 a parcel. 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.”

Development: AAHC – Appointment

Also at its July 7 meeting, the council will be asked to confirm the appointment of Audrey Wojtkowiak to the board of the Ann Arbor Housing Commission, to fill the vacancy of Christopher Geer. Wojtkowiak’s nomination was made at the council’s June 16 meeting. She’s controller for the Consolidation Center at Detroit Diesel.

Development: AAHC – North Maple Rezoning

On the council’s July 7 agenda is initial consideration of rezoning that’s necessary for a renovation project to be undertaken by the Ann Arbor Housing Commission for a site on North Maple.

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

The council will be asked to give initial approval to rezoning the 4.8-acre site at 701 N. Maple Road – from R1C (single-family dwelling district) to R4B (multi-family dwelling district).

The planning commission had recommended the rezoning at its June 17, 2014 meeting after postponing it on June 3, 2014.

The site is on the west side of North Maple, between Dexter Avenue and Hollywood Drive. [.pdf of staff report]

The site plan calls for demolishing 20 existing single-family homes – the public housing complex known as North Maple Estates – and constructing an eight-building, 42-unit apartment complex with a total of 138 bedrooms. The units range in size from one bedroom to five bedrooms. The project would include a playground, community building and 73 parking spaces. According to a staff memo, the buildings would be located along a T-shaped driveway that connects to North Maple Road and Dexter Avenue. The drive extends northward toward Vine Court but does not connect with that street. There would be a new connection to Dexter Avenue through the remaining, undeveloped length of Seybold Drive.

The project will require the city to vacate a portion of the right-of-way for Seybold Drive. The surrounding land is owned by the housing commission, so if the right-of-way vacation is approved, the land would become part of the housing commission property.

The site plan will not be in front of the city council on July 7. Only the initial rezoning approval and a resolution of intent to vacate right-of-way for Seybold Drive appear on the agenda. That resolution of intent sets a public hearing for Aug. 18, 2014 – the same council meeting when a vote will be taken on the vacation’s approval. The rezoning will also need a second vote of approval from the council at a future meeting.

Planning staff noted three issues that need to be resolved before the project gets approval from city council:

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

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

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

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

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

Environmental Commission

The city’s environmental commission appears in two different agenda items – one that amends the city ordinance establishing the commission, and another that nominates additional members to the commission.

Environmental Commission: Ordinance Change

The council will be giving initial consideration to a change to the city ordinance that regulates how appointments are made to the environmental commission (EC). The EC is one of the few boards or commission in the city for which the mayor does not make nominations. The more familiar procedure – for most boards and commissions – includes a mayoral nomination at one council meeting, followed by the confirmation vote of the council at a subsequent meeting.

In the past, the council has mimicked this procedure for the EC by having some councilmember put a resolution on the agenda appointing a member to the EC, and then postponing the resolution until the next meeting. The ordinance revisions clarify that the nominations put forward by the council as a body to the EC are to be made by the two councilmembers who serve as the council’s representatives to the EC.

Besides two slots for council representatives, the EC includes positions for members of the planning commission, park advisory commission, and energy commission. The ordinance revision that the council will be considering on July 7 makes clear that those groups make their appointments to the EC without further city council approval. This specific revision comes after the planning commission had selected Kirk Westphal from its membership to serve on the EC earlier this year, and some councilmembers voted against his confirmation, when the council was asked to confirm his selection two months ago. For background on that vote, see “Hutton, Westphal Reappointed to EC.”

The staff memo summarizes the changes to the ordinance regulating appointments to boards and commissions as follows:

• clarifies that the councilmembers currently serving on the environmental commission nominate persons for “at-large” appointments, which are then approved by council resolution;
• clarifies that the planning commission, park advisory commission, and energy commission each designate a representative to the environmental commission without council approval and for a one-year term;
• clarifies that the 3-year terms should be equally staggered;
• removes references to the Leslie Science Center Advisory Board, which no longer exists;
• requires the city administrator or the designated support staff of the environmental commission to notify council of vacancies – previously this was delegated to the clerk’s office, which does not always have immediate knowledge of vacancies;
• contains a few minor, non-substantive corrections and clarifications.

If the council gives the ordinance amendment initial approval on July 7, it would still need a second and final vote at a subsequent meeting, in order to be enacted.

Environmental Commission: Appointments

Also on the agenda are confirmation of three nominations to the EC, which were announced at the council’s June 16, 2014 meeting: Allison Skinner, Benjamin Muth and Mark Clevey.

Clevey is the representative to the EC selected by the energy commission, so this confirmation will not follow the ordinance amendment for which the council will be asked to give initial approval on July 7.

Liquor

At its July 7 meeting, the city council will be considering two items related to serving alcohol. One is an item that would allow several downtown businesses to serve alcohol outdoors during the Ann Arbor art fairs, to be held July 16-19 this year:
Knight’s Restaurant (600 E. Liberty St.), Michigan Theater (603 E. Liberty St.), Neopapalis (500 E. William St.), Cottage Inn (508-512 E. William St.), New York Pizza Depot (605 E. William St.), Ashley’s Restaurant (338 S. State St.), Red Hawk Bar & Grill (316 S. State St.), and Pizza House (618 Church).

The second item is a downtown development liquor license for Ruth’s Chris Steak House. The council approved the site plan for Ruth’s Chris – to be located on Fourth Avenue between William and Liberty – at its June 2, 2014 meeting.

Street Closings

The consent agenda includes approvals of street closings for special events, which provide a window into what’s happening in the coming weeks. Events with street closings on the July 7 city council agenda include:

• Electric Bolt 8K Run/Walk (July 27, 2014): Various streets from 6-10 a.m.
• Cleats and Beats (Aug. 1, 2014): These street closures would be on S. Main from E. William to Huron, on Liberty from S. Ashley to S. Fourth, and on Washington from S. Ashley to the alley by the parking structure. This is sponsored by the Ann Arbor Convention and Visitors Bureau. It appears to be a different event than the Eats, Beats and Cleats event for which the council unanimously rejected a street closure request last year. That was proposed to take place in a South University neighborhood with a lot of student housing.
• Relevent Sports International Champions Cup Soccer Game (Aug. 2, 2014). Various streets around Michigan Stadium for three hours prior to the start of the game.
• University of Michigan football games (2014 Season): Various streets around Michigan Stadium for three hours prior to the start of each home football game.
• Dancing in the Streets (Aug. 31, 2014): S. Main between Huron and Liberty, and Washington between S. Ashley and the alley on E. Washington toward S. Fourth Avenue, from 11 a.m. to 7:30 p.m.

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3:56 p.m. People who are signed up for public commentary reserved time are now listed on the agenda. Three people are signed up to talk about U.S.-Israel foreign policy: Mozhgan Savabiehsfahani, Blaine Coleman and Henry Herskovitz. Jeff Hayner is signed up to talk about the Barton Drive sidewalk special assessment. Kermit Schlansker is signed up to call for stopping construction of houses. Changming Fan is signed up to talk about the local development finance authority and job creation. Carolyn Grawi is signed up to talk about the Research Park Drive rezoning item. And Thomas Partridge is signed up to talk about electing Mark Schauer for governor, affordable housing, human rights and transportation.

4:20 p.m. The staff responses to councilmember questions about agenda items are now available [.pdf of July 7, 2014 staff written responses to council questions]

7:04 p.m. Council chambers are filling up with councilmembers and audience.

7:08 p.m. Call to order, moment of silence, pledge of allegiance. And we’re off.

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 without amendment.

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

7:10 p.m. City administrator Steve Powers is calling the council’s attention to a communication attached to the agenda – notifying the council that the city could become a direct grantee of the federal CDBG (Community Development Block Grant) program). But the city could continue its participation through the Urban County, of which it is a member. Powers’ communication indicates that unless he is instructed otherwise, the city will continue its participation with the Urban County. [July 7, 2014 memo from Powers]

7:11 p.m. Powers is also noting that there are several street closings on the agenda. He observes that the books for FY 2014 will be closed and he’ll have a report on that soon.

7:11 p.m. INT-1 Volunteer of the Month. The proclamation honors Peter and Mary Fales as volunteers at the annual “Mayor’s Green Fair.” They have staffed the information booth and barricades and helped with set up and the tearing down of the event. Mary Fales is assistant city attorney with the city.

7:13 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.]

Three people are signed up to talk about US-Israel foreign policy: Mozhgan Savabiehsfahani, Blaine Coleman and Henry Herskovitz. Jeff Hayner is signed up to talk about the Barton Drive sidewalk special assessment. Kermit Schlansker is signed up to call for stopping construction of houses. Changming Fan is signed up to talk about the local development finance authority and job creation. And Thomas Partridge is signed up to talk about electing Mark Schauer for governor, affordable housing, human rights and transportation.

7:16 p.m. Thomas Partridge introduces himself as a recent candidate for the Michigan legislature. He calls it a critically important election year. He calls on everyone to work on behalf of Democrat Mark Schauer’s candidacy for governor. Relevant issues include expanding affordable housing, human rights and access to transportation, he says. It’s important to work beyond current plans to expand affordable housing, Partridge says. He says he’s speaking on behalf of the most vulnerable members of society. The council has addressed the material infrastructure needs of the city, while overlooking the kind of issues he’s talking about tonight, he says.

7:21 p.m. Blaine Coleman says he was here a year and a half ago when Israel was bombing Gaza. He’d asked Chuck Warpehoski (Ward 5) to spearhead a resolution asking for a boycott Israel. Now he was back a year and a half later and Israel was bombing Gaza again, and he was asking again for a symbolic resolution boycotting Israel. He refers to the beating of school children. [By way of background, here's a link to video posted by The Guardian, which reports the video was broadcast on a Palestinian TV station as showing the beating of Tariq Abu Khdeir, 15-year-old Floridian, who was visiting Israel.] [video] This boy was on the front page of the New York Times, Coleman says. He asks the council to pay for the boy’s airfare from Florida to come talk to the Ann Arbor city council.

7:24 p.m. Jeff Hayner allows that the issue that Coleman had talked about is emotional, whereas he was going to be talking about things paid for with taxes. Hayner is addressing the question of cost associated with the Barton Drive sidewalk construction. Some of the more precise figures are described in a comment Hayer wrote online here: [link] He’s comparing the costs to national costs in other cities. It seems like too much money, he says.

7:28 p.m. Mozhgan Savabiehsfahani is also addressing the beating of the Floridian schoolboy. She’s also talking about other children who have been beaten up “on your watch.” She’s been coming to the Ann Arbor city council for 10 years, she says, telling the council that they need to act, and she’s seen no effect. “How many more dead bodies can you handle?” she asks. She tells them that they’re trying to make history, but “You ain’t gonna make no history, if you say nothing in the face of this kind of brutality,” she tells them. “You support this with your silence,” she says. She calls the bus stop slogans here in Ann Arbor – “Our Way of Life” – phony. She and Coleman are holding signs showing photographs of the beaten boy’s face. She tells the council they’re looking at her like she’s some kind of five-headed dragon. Boycotting Israel is their duty, she concludes.

7:30 p.m. Kermit Schlansker is educating the council on total U.S. energy consumption: 97 quads of energy. One quad is an enormous number, he says. Long-term remedies will depend on lifestyle changes or else hardships. Houses take more energy to heat and more energy for transportation to them, he says. Stand-alone houses are the enemy of the planet, he says. We’re facing a dire long-term problem, he says. Every house that is built will need to be torn down to make way for something more important, he says.

7:34 p.m. Henry Herskovitz reminds the council that he’d told them last month how Israel had attacked the U.S.S. Liberty. Tonight he’s addressing the council on the topic of the Lavon Affair, which was a 1954 operation conducted by Israeli military intelligence that involved recruiting Egyptian Jews to strike U.S. and British civilian targets, which were then planned to be blamed on Muslim extremists. [Wikipedia link on Lavon Affair] Herskovitz traces the Lavon Affair to the policies of Eisenhower and Nasser. Lavon was an official who was forced to resign. Herskovitz quotes Malcom X, saying that the American public has been “bamboozled” on the issue of Israel.

7:37 p.m. Changming Fan introduces himself as president of TiniLite Inc. He thanks everyone, especially the council, for creating a model of volunteerism. He’s talking about the LDFA. He laments the lack of mention of jobs and manufacturing. He calls the leader of Ann Arbor SPARK a good salesperson. “Do something!” he shouts.

7:39 p.m. Carolyn Grawi is director of advocacy and education at the Ann Arbor Center for Independent Living, which is located on Research Park Drive. She’s addressing the zoning changes that are proposed on tonight’s agenda. She wants the council to make sure that the city’s infrastructure is brought up to speed, in terms of access, whenever there’s development. She’s advocating for sidewalks on Research Park Drive. She points out that the public bus only goes one way, because there’s no stop light to facilitate a left turn. As this area develops and grows, the city needs to pay attention to issues of access, she says.

7:40 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.

7:42 p.m. Jane Lumm is alerting the council to a memo she’d sent to her colleagues about a proposed charter amendment. [link] She also announces a citizens’ participation meeting July 10 at 7 p.m. at the Plymouth Road Holiday Inn on a 500-unit Toll Brothers development on the west side of Nixon and Dhu Varren.

7:43 p.m. Sabra Briere also notes that the same development mentioned by Lumm will be discussed at the planning commission’s work session tomorrow at 7 p.m. here at city hall.

7:45 p.m. Mike Anglin says that many of the city’s documents includes a mention of “health, safety and welfare” but it’s often forgotten. He compliments the planning commission for invoking that notion in delaying the Glendale development at its last meeting on July 1, 2014. Until you can show that you won’t get flooding, no development should take place, Anglin says. He’s comparing the inconvenience to developers with the right to health, safety and welfare for citizens.

7:47 p.m. Margie Teall asks the rules committee to review the idea of “tabling.” She was disturbed at how the tabling motion was used at the council’s last meeting. Because a tabling motion is not subject to debate, it prevented a full discussion. She did not think the motion was used properly. So she is asking the rules committee to review the issue so that meetings could be more cooperative.

7:48 p.m. Communications from the mayor. Mayor Hieftje is welcoming the students from Skyline and Huron high schools.

7:48 p.m. MC-1 Appointments. The council is being asked to confirm the appointment of Audrey Wojtkowiak to the board of the Ann Arbor housing commission, filling vacancy left by Christopher Geer’s resignation.

7:48 p.m. Outcome: The council has approved the appointment of Audrey Wojtkowiak to the AAHC board.

7:48 p.m. MC-2 Nominations. Being nominated tonight to the airport advisory commission is Theresa Whiting, replacing John Sullivan. And being nominated as a reappointment to the energy commission is Shoshannah Lenski. Votes on those nominations will take place at the council’s next meeting.

7:51 p.m. Hieftje is now giving an update on the alarming growth of people who are using the Delonis Center, the homeless shelter, who are not from Washtenaw County. That figure is up to 40%, he says. In this coming winter, it might reach 50%, and we might need to turn people away, he says. He’d met with the leadership of the homeless shelter, Ellen Schulmeister, and the city’s lobbyist in Lansing, Kirk Profit. The issue is that other organizations outside the county are sending people to Ann Arbor’s homeless shelter – and they have apparently declined the shelter’s request to call ahead to alert the shelter that they are sending people here.

7:51 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 there are five public hearings scheduled. The first three hearings are on the rezoning of properties owned by the Ann Arbor Housing Commission to be consistent with the AAHC’s renovation plans for its housing stock. [For additional background, see Development: Ann Arbor Housing Commission – Rezoning Final Approvals above.]

The fourth public hearing is on the confirmation of the special assessment for a sidewalk construction project on Stone School Road. [For additional background, see Infrastructure: Sidewalk Special Assessments above.] And the fifth hearing is on the site plan for an expansion of the Rudolf Steiner High School. [For additional background, see Development: Rudolf Steiner Site Plan above.]

7:53 p.m. PH-1 Green/Baxter rezoning. Thomas Partridge asks that all similar rezoning requests and site plan approvals be sent back and redrafted to include language that the land to be rezoned have significant access to people needing affordable housing on the land.

7:57 p.m. Jeff Hayner says that whenever land is rezoned from public land, there does need to be some extra concern. It needs to serve a public purpose, he says. He cautions against the possibility that the land could eventually serve a commercial purpose. He says that some people are salivating over the possibility of developing the Baker Commons property for commercial purposes.

7:57 p.m. That’s in for PH-1.

7:59 p.m. PH-2 Baker Commons rezoning. Thomas Partridge says there’s no justification for changing the zoning of Baker Commons. He calls for protections to ensure that the land continues to be used for affordable housing purposes. Ann Arbor is supposed to be a leader for human rights, he says, so this protection should be a part of every rezoning proposal that comes before the city council.

8:00 p.m. That’s it for PH-2.

8:03 p.m. PH-3 Maple Meadows rezoning. The previous two hearings concerned properties that are being rezoned from public land to a residential zoning, Thomas Partridge says. This one is not zoned as public land. He’s calling for affordable housing protections.

8:04 p.m. Hieftje is pointing out that all three properties are operated by the Ann Arbor Housing Commission.

8:05 p.m. PH-4 Stone School Road special assessment roll. Three representatives of the Jehovah’s Witnesses are addressing the council about the amount of the special assessment they’ve been assigned. They’re asking for some kind of waiver, given the nonprofit status of their organization. They’re asking for help and guidance. Hieftje tells them that city staff will provide them with options.

8:06 p.m. Jeff Hayner is telling the council that the cost for this project is twice the national average.

8:08 p.m. PH-5 Rudolf Steiner High School site plan. Jeff Hayner jokes that he’s not trying to usurp Partridge’s record of speaking turns. What “bums out” the neighborhood about this project is the loss of a 48-inch oak tree, he says. They’re planting 12 four-inch trees as remediation, which is good, he says. It would be nice to just move the tree, he says, like the University of Michigan is doing in a similar situation.

8:09 p.m. That’s it for PH-5.

8:09 p.m. Approval of minutes.

8:09 p.m. Outcome: The council has approved the minutes of its 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:

• CA-1: Traffic Calming on Wells Street ($23,920).
• CA-2: Approve purchase order to Cogsdale Corporation for annual software maintenance.
• CA-3: Approve street closings and special event provisions for Relevent Sports International Champions Cup Soccer Game (Aug. 2, 2014). Various streets around Michigan Stadium for three hours prior to the start of the game.
• CA-4: Approve street closures for University of Michigan football games for University of Michigan football games (2014 Season): Various streets around Michigan Stadium for three hours prior to the start of each home football game.
• CA-5: Approve street closings for Dancing in the Streets (Aug. 31, 2014): S. Main between Huron and Liberty, and Washington between S. Ashley and the alley on E. Washington toward S. Fourth Avenue, from 11 a.m. to 7:30 p.m.
• CA-6: Approve street closings for the Electric Bolt 8K Run/Walk (July 27, 2014): Various streets from 6-10 a.m.
• CA-7: Approve Street closings for Cleats and Beats (Aug. 1, 2014): These street closures would be on S. Main from E. William to Huron, on Liberty from S. Ashley to S. Fourth, and on Washington from S. Ashley to the alley by the parking structure. This is sponsored by the Ann Arbor Convention and Visitors Bureau. It appears to be a different event than the Eats, Beats and Cleats event for which the council unanimously rejected a street closure request last year. That was proposed to take place in a South University neighborhood with a lot of student housing.

8:09 p.m. Councilmembers can opt to select out any items for separate consideration. Briere pulls out CA-1 and CA-4.

8:10 p.m. Outcome: The council has approved the consent agenda with the exception of CA-1 and CA-4.

8:11 p.m. CA-1 Traffic Calming on Wells Street. Briere is highlighting the mixture of different solutions – traffic humps and crosswalks. She says it’s unfortunate that the petition did not extend all the way to Burns Park Elementary. Taylor thanks staff for working with residents – with respect to how the percent of residents voting for the petition was to be calculated.

8:12 p.m. Outcome: The council has approved CA-1.

8:15 p.m. CA-4 Approve street closures for University of Michigan football games for the 2014 season. Anglin is questioning why the time period for different lanes is different – three hours versus one hour.

8:15 p.m. Police chief John Seto is explaining the logic of the three-hour closure. He reviews how the original proposal back in 2013 was for three hours for both lanes. The reduction to one hour on one lane was a kind of compromise. Seto says that based on last year’s experience, the appropriate length of time was actually three hours.

8:18 p.m. Anglin is asking if the public was asked about their feeling. Seto said he had walked the neighborhoods, and reminds the council that he’d provided a report back to the council on how things had gone. He also notes that a public meeting was held last week with neighbors. Hieftje says that he’d read a report about that public meeting, and asks Seto to summarize. Seto reports that 8-10 residents had attended. The main concern was post-game traffic, he says. It’s important to educate people to the fact that Main Street is open after the game, he says. There will be more signs and more traffic cones, he says.

8:19 p.m. Seto also notes that there was a complaint about helicopter noise.

8:20 p.m. Petersen asks what the impact had been last year on the front-lawn parking businesses that residents operate. Seto says that issue wasn’t raised at this most recent public meeting. He reported that for those parking lots near Main Street, there’d been some impact. Deeper into the neighborhoods there was less impact. They’d also incorporated suggestions for improvement of signage and messaging boards.

8:22 p.m. Hieftje says that the point is to make the game safe for 110,000 people and Seto is going out of his way to work with one or two residents. Eaton thanks Seto for his work with residents. He’d attended the public meeting, though he’d arrived late. But he’d continued opposing the closing of the streets, because he didn’t see a real security risk. He complimented Seto, however, on the way he worked with residents.

8:23 p.m. Briere says it’s not about security, but rather about controlling traffic and she’d be opposing it.

8:24 p.m. Teall says the idea that the council would second-guess the advice of Homeland Security is scary. She’ll vote for it. Kunselman also says that he’ll vote for it. Inside the stadium and looking out on Main Street, he’d seen a billboard truck inching along – and he’d remarked to his wife: “That could have been it.” We need to minimize the possibility that something horrible could happen, he says.

Taylor says he respects professionals and professionalism. The city has been told on a number of occasions that this is a good step to take. There’s an impact to neighborhoods, but it is mitigated by AAPD. He didn’t see a rationale for voting against it. The threat is easy to articulate and imagine and the cost benefit on this is plain, he says. Briere asks for an amendment to enforce a one-hour closure after the game – if this is indeed about security.

8:29 p.m. Lumm asks for Seto’s view of keeping Main Street closed for an hour after the game. Seto says that was considered last year. It would be difficult tactically to do that. Getting people out of the stadium as quickly as possible would reduce risk, he says. Once people get onto the streets, it’s difficult to get them off the streets. [This is what happened at the Winter Classic.]

8:30 p.m. Seto says that closing the street for an hour after the game would give the AAPD “significant challenges.” Lumm thanks Seto, saying it’s a clear explanation.

8:32 p.m. Kailasapathy allows she’s not a football fan. She wonders if it really takes more than an hour for the foot traffic to disburse. Seto: “It depends.” He’s now explaining various scenarios. Teall takes back a statement about traffic management, saying it is about traffic management and making the stadium area as secure as possible.

8:33 p.m. Outcome: The council has approved CA-4 over the dissent of Briere, Kailasapathy and Eaton.

8:33 p.m. B-1 (AAHC) Rezoning of 2.42 Acres from PL (Public Land District) to R4A (Multiple-Family Dwelling District), Green/Baxter Court Apartments. This and each of the next two items is for final approval of rezoning of Ann Arbor Housing Commission properties. Initial approval by the city council for this and the next two rezoning items came at its June 2, 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 given initial rezoning approval on June 2, 2014 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 Development: Ann Arbor Housing Commission – Rezoning Final Approvals above.]

8:37 p.m. Briere asks for AAHC executive director Jennifer Hall to come to the podium. She asks Hall to explain how the AAHC properties are protected for continued use as affordable housing, given their rezoning. Hall is reciting the history of the city’s ownership of the properties – but the land was transferred to the AAHC. The “cleanest” way to go about this was to rezone the property consistent with what is already there. The funders who are providing financial support for the AAHC renovations require that the zoning be appropriate. The underlying use for the property is determined by HUD, she says. So their use will continue as affordable housing, Hall says.

8:41 p.m. Kailasapathy asks how long HUD requires the use to be for affordable housing. Hall is explaining the different kinds of documents. The agreements are in 20-year increments. Kailasapathy wants to make sure the use is for affordable housing in perpetuity. Hall gives three “stopgaps” against other uses: HUD, the AAHC board, and the Ann Arbor city council, which appoints the AAHC board.

8:41 p.m. Anglin wants to dive into B-2. Hieftje asks him to wait.

8:41 p.m. Outcome: The council has voted to give final approval to the rezoning of Green/Baxter Court Apartments.

8:41 p.m. B-2 (AAHC) Rezoning of 0.94 Acre from PL (Public Land District) to D2 (Downtown Interface District), Baker Commons. [For additional background, see Development: Ann Arbor Housing Commission – Rezoning Final Approvals above.]

8:45 p.m. Anglin asks why the zoning that was selected for the property was D-2. He’s concerned that it would be perceived as “advantageous” to people who might want to acquire and develop the property. Planning manager Wendy Rampson explains that Baker Commons has about 112% FAR and D-2 allows 200%. So there’s more capacity there, she says. Anglin says that people in need should be kept closer to downtown – jobs and transportation. Eaton gets clarification that the overlay district is the First Street character district.

8:45 p.m. Outcome: The council has voted to give final approval for the Baker Commons rezoning.

8:45 p.m. B-3 (AAHC) Rezoning of 3.3 Acres from R1C (Single Family Dwelling District) to R4B (Multiple-Family Dwelling District), Maple Meadows. [For additional background, see Development: Ann Arbor Housing Commission – Rezoning Final Approvals above.]

8:46 p.m. Anglin asks Hall to describe meetings with the public. Hall says that there were not meetings with the public about these three sites. The required legal notifications were mailed out, she explains.

8:46 p.m. Outcome: The council has voted to give final approval to the Maple Meadows rezoning.

8:46 p.m. Recess. We’re in recess.

8:59 p.m. We’re back.

9:00 p.m. Hieftje ventures the council can get through the rest of the agenda fairly quickly if they keep moving.

9:01 p.m. C-1 (AAHC) Rezoning of 4.8 Acres from R1C (Single Family Dwelling District) to R4B (Multiple Family Dwelling District), North Maple Road. This item is similar to the first three rezoning actions for Ann Arbor Housing Commission properties – but this is the initial consideration by the city council. The planning commission had recommended the rezoning at its June 17, 2014 meeting after postponing it on June 3, 2014. The site is on the west side of North Maple, between Dexter Avenue and Hollywood Drive. [.pdf of staff report] The site plan calls for demolishing 20 existing single-family homes – the public housing complex known as North Maple Estates – and constructing an eight-building, 42-unit apartment complex with a total of 138 bedrooms. [For additional background, see Development: Ann Arbor Housing Commission – North Maple Rezoning above.]

9:01 p.m. Outcome: The council has voted to give initial approval to the North Maple Road rezoning.

9:01 p.m. C-2 Rezoning of 16.6 Acres from RE (Research Dwelling District) to ORL (Office/Research/Limited Industrial Dwelling District). The council is being asked to give initial consideration to the rezoning of six sites along Research Park Drive – from RE (research district) to ORL (office/research/limited industrial district). Related to that rezoning, in the next item, the council will be asked to give initial approval to amendments to the city’s zoning code to allow outdoor recreation as a special exception use in the ORL zoning district. The six lots are undeveloped and total 16.6 acres. Four of the lots, on the southern end of the site, are owned by Qubit Corp. LLC; BMS Holdings LLC owns the northern two sites. [For additional background, see Development: Research Park Drive – Rezoning, Recreation above.]

9:03 p.m. Lumm notes that this is for rezoning of undeveloped sites. The natural features analysis and traffic impact analysis will be addressed when site plans are approved, she says. Warpehoski asks for an update on the ZORO (Zoning Ordinance Reorganization) process. City attorney Stephen Postema says that assistant city attorney Kevin McDonald can email an update to all of council.

9:03 p.m. Outcome: The council has voted to give initial approval of the Research Park rezoning.

9:03 p.m. C-3 Amend zoning to allow outdoor places of recreation in the Office/Research/Limited Industrial (ORL) Zoning District [For additional background, see Development: Research Park Drive – Rezoning, Recreation above.]

9:03 p.m. Briere says that on the assumption that both of the items related to Research Park Drive come back at the next meeting, she wants the order flipped.

9:04 p.m. Outcome: The council has voted to give initial approval of the zoning amendment that would allow places of recreation in the ORL zoning district.

9:04 p.m. C-4 Amend Section 1:237 of Chapter 8 (Organization of Boards and Commissions). The council is being asked to give initial approval to a change to the ordinance on city boards and commissions. Among the changes is an amendment that makes clear that the city planning commission, energy commission and park advisory commissions make their appointments to the environmental commission without further city council approval needed. [For additional background, see Environmental Commission: Ordinance Change above.]

9:05 p.m. Briere is noting that it’s in front of the council as a first reading item. She thinks that it will clarify the ordinance.

9:05 p.m. Outcome: The council has voted to give initial approval to the change to the city ordinance on boards and commissions. For final enactment, the council will need to take a second vote at its next meeting.

9:05 p.m. DC-1 Appoint new members to the city of Ann Arbor environmental commission. The council is being asked to confirm three nominations to the EC, which were announced at the council’s June 16, 2014 meeting: Allison Skinner, Benjamin Muth and Mark Clevey.

9:05 p.m. Based on the staff written responses to councilmember questions, Mark Clevey’s name won’t be put forward tonight, because he is the selection by the energy commission to represent the energy commission on the EC. Once enacted, the energy commission appointment to EC (like that of other boards and commissions to the EC) would be for a one-year term. So his confirmation is being held until the ordinance revision is complete.

9:06 p.m. Briere says that because the ordinance is being amended, Clevey’s name is, in fact, being eliminated from consideration tonight.

9:06 p.m. Outcome: The council has voted to approve the appointments of Allison Skinner and Benjamin Muth to the environmental commission.

9:06 p.m. DC-2 Recommend approval of issuance of a downtown development district liquor license to RCAA Developments LLC (Ruth’s Chris Steak House). The council is being asked to approve a downtown development liquor license for Ruth’s Chris Steak House. The council approved the site plan for Ruth’s Chris – to be located on Fourth Avenue between William and Liberty – at its June 2, 2014 meeting.

9:07 p.m. Lumm, who chairs the liquor license review committee, is explaining the ins and outs of the 2006 statute that allows award of downtown development liquor licenses. The minimum investment is $75,000, but Ruth’s Chris is investing millions of dollars, she says.

9:09 p.m. Anglin, who also serves on the liquor license review committee, cautions against bringing in corporate entities – as other smaller entities without the deeper pockets to make this kind of investment would be pushed out. Hiefjte tells Anglin that it’s a tough problem.

9:10 p.m. Kunselman says it wasn’t that long ago when Kresge and Borders were downtown, so he’s offering a little different perspective. Whether new businesses are corporate or local, he wants them to provide jobs and places for residents to go and shop. He says he kind of misses the McDonald’s that was over on Maynard.

9:10 p.m. Outcome: The council has voted to recommend the award of a special downtown development liquor license to Ruth’s Chris Steakhouse.

9:10 p.m. DC-3 Approve temporary outdoor sales, service and consumption of alcoholic beverages during the 2014 Ann Arbor Art Fair. This resolution would allow several downtown businesses to serve alcohol outdoors during the Ann Arbor art fairs, to be held July 16-19 this year: Knight’s Restaurant (600 E. Liberty St.), Michigan Theater (603 E. Liberty St.), Neopapalis (500 E. William St.), Cottage Inn (508-512 E. William St.), New York Pizza Depot (605 E. William St.), Ashley’s Restaurant (338 S. State St.), Red Hawk Bar & Grill (316 S. State St.), and Pizza House (618 Church).

9:13 p.m. Lumm notes that the liquor license review committee had recommended this item for approval. Lumm says that city clerk Jackie Beaudry and assistant city attorney Mary Fales had been very nimble in dealing with a change by theMichigan Liquor Control Commission that required a 10-day review. This is the last day on which the council can approve this item, she says.

9:13 p.m. Outcome: The council has voted to approve outdoor liquor for several downtown businesses during the art fairs this year.

9:13 p.m. DC-4 Call public hearing on issuance of bonds by the Economic Development Corporation. This resolution sets a public hearing for Aug. 7, 2014 on the issuance of re-funding bonds by the city’s Economic Development Corporation that were originally issued to finance and refinance capital improvements for the benefit of Glacier Hills Inc. – a series in the amount of $23,245,000, of which $15,440,000 is presently outstanding and another series of bonds in the amount of $9,875,000, of which $4,545,000 is outstanding. The issuance of the re-funding bonds will not encumber the city in any way, according to the staff memo accompanying the resolution.

9:16 p.m. Lumm says she’s happy to co-sponsor this with Petersen. Lumm is reviewing the background of the re-funding of the bonds.

9:16 p.m. Outcome: The council has voted to approve the setting of a hearing on the issuance of bonds by the EDC.

9:16 p.m. DB-1 Approve the Rudolf Steiner High School building addition site plan. The private school is located at 2230 Pontiac Trail, north of Brookside. The project – estimated to cost $2.5 million – involves building a one-story, 19,780-square-foot addition to the existing classroom building. The structure will include a 9,990-square-foot gym, with the remaining 9,790 square feet used for classrooms and storage. [For additional background, see Development: Rudolf Steiner Site Plan above.]

9:16 p.m. Outcome: The council has voted to approve the Rudolf Steiner High School site plan.

9:16 p.m. DS-1 Confirm the Scio Church sidewalk special assessment roll. This is the first of three assessment rolls the council is being asked to approve tonight for sidewalk projects. [For additional background, see Infrastructure: Sidewalk Special Assessments above.]

9:19 p.m. Briere asks public services area administrator Craig Hupy about Hayner’s concerns – expressed during public comment – that the costs are too high. Hupy notes that the projects have not yet been bid and the numbers are just estimates. City engineer Nick Hutchinson also explains that there’s various curb and gutter and tree work that’s required in addition to the sidewalks. The reason that sidewalks don’t exist in these locations is that they’re challenging locations to install sidewalks, Hutchinson says.

9:21 p.m. Anglin asks about the 10% contingency that is built into contracts. He notes there were problems with the Madison Street reconstruction on the performance of the contractor. He wants specifications spelled out to contractors. The Madison job was left dormant for two months, he said, and that’s the reason it didn’t get done before winter. He ventures that the city should consider using a single-source contractor instead of taking the low bid.

9:23 p.m. Hupy says the 10% contingency can be adjusted up or down depending on the job. There are penalties for non-performance, he says. Hupy says that the city does impose penalties, even though you don’t hear about it. On the question of single-source contractors, assistant city attorney Abigail Elias quotes the one-word answer that a former city staffer, Bill Wheeler, gave regarding single source contracting for public works projects: “No.”

9:23 p.m. Outcome: The council has voted to confirm the Scio Church sidewalk special assessment roll.

9:24 p.m. DS-2 Confirm the Barton Drive sidewalk special assessment roll. [For additional background, see Infrastructure: Sidewalk Special Assessments above.]

9:24 p.m. Outcome: The council has voted to approve the Barton Drive sidewalk special assessment roll.

9:24 p.m. DS-3 Confirm the Stone School Road sidewalk special assessment roll. [For additional background, see Infrastructure: Sidewalk Special Assessments above.]

9:24 p.m. Outcome: The council has voted to approve the Stone School Road sidewalk special assessment roll.

9:24 p.m. DS-4 Authorize a contract with Cadillac Asphalt LLC for the water utilities street repair program ($344,600/year). The contract covers repair of streets after water mains, storm and sanitary sewers are repaired.

9:24 p.m. Outcome: The council has voted to approve the contract with Cadillac Asphalt LLC.

9:24 p.m. DS-5 Authorize contract with Stantec Consulting Michigan Inc. for $125,000; and Fishbeck, Thompson, Carr & Huber Inc. for $125,000 for general civil engineering and surveying services. The contracts cover general civil engineering and surveying services. Those services include a range of activities, according to the staff memo accompanying the resolution: design and management of capital improvement projects; private development construction plan review; private development utility and road construction inspection; traffic engineering; civil engineering design; construction inspection; drafting; and surveying.

9:25 p.m. Outcome: The council has voted to approve the contracts with Stantec Consulting Michigan Inc. and Fishbeck, Thompson, Carr & Huber Inc.

9:25 p.m. DS-6 Award contract for replacement of clarifier drive at the drinking water treatment plant to Titus Welding Company ($175,000). According to the staff memo accompanying the resolution, the clarifier drive to be replaced is original to the plant and was installed in 1965. It had an expected life of 30 years. It has begun to show signs of failure, included seizing, high vibration, and bearing failure. The drive has been assessed by the manufacturer and it has been determined that it is not cost-effective to repair, according to the memo.

9:25 p.m. Outcome: The council has voted to approve the contract with Titus Welding Company.

9:25 p.m. DS-7 Approve Amendment No. 2 to the contract with Tetra Tech Inc. for environmental consulting services at the Ann Arbor Landfill ($80,835). This contract amendment brings the total amount on the contract to $624,221. According to the staff memo accompanying the resolution, for several years the landfill has had a plume of 1-4 dioxane and vinyl chloride contamination offsite primarily in Southeast Area Park, northeast of the landfill. A slurry wall was constructed along most of the boundary of the landfill to eliminate groundwater passing through the landfill, and three purge wells were used to attempt to capture the offsite contamination.

9:27 p.m. Lumm expresses concern about the amendments and the growing cost. But with this issue, she ventures there’s not a lot that can be done about it – the city has to do what MDEQ says, she says.

9:27 p.m. Outcome: The council has voted to approve the contract with Tetra Tech Inc.

9:27 p.m. DS-8 Approve a contract with Renosys Corporation to install PVC pool liners at Buhr and Fuller pools ($205,055). The city is switching to PVC pool lines from Marcite, which is, according to a staff memo, a “cementitous product that covers the pool shell creating a smooth and waterproof surface.” The new product has a smoother surface, and won’t require the yearly patching required due to harsh winters and wear and tear on the pool, according to the staff memo.

9:28 p.m. Hieftje says he’s visited both pools in the last few weeks and he’d enjoyed his swims, and the people there seemed to be enjoying themselves.

9:28 p.m. Outcome: The council has voted to approve the contract with Renosys Corporation.

9:28 p.m. DS-9 Notice the intent to vacate two segments of Seybold Drive adjacent to the proposed Ann Arbor Housing Commission North Maple Road Development. This notice of vacation is related to the rezoning and renovation of Ann Arbor Housing Commission properties at North Maple Estates. [For additional background, see Development: Ann Arbor Housing Commission – North Maple Rezoning above.]

9:28 p.m. Outcome: The council has voted to give notice of intent to vacate two segments of Seybold Drive.

9:28 p.m. DS-10 Approve agreement between city of Ann Arbor and Washtenaw County for animal control services ($135,570). Background to the city’s agreement includes a long process of discussions and negotiations between Washtenaw County and the Humane Society of Huron Valley (HSHV) – a conversation that began in 2011 when the amount of funding provided to HSHV was under scrutiny. A task force was appointed, and ultimately the county board of commissioners, at its Nov. 7, 2012 meeting, authorized contracting with HSHV for $500,000 a year for animal control services. [.pdf of contract between Washtenaw County and HSHV]

Cited in the council’s July 7 resolution as the cost of public animal control countywide is $951,793. The assignment of $135,570 of that cost to the city of Ann Arbor is based on the proportion of dogs that come from Ann Arbor that are housed at HSHV, factoring in the $500,000 provided to the HSHV by Washtenaw County.

9:31 p.m. Lumm has some questions. She is pleased that efforts are underway to improve compliance with dog licensing. Powers says that planning is underway. After the August primary, the clerk will be helping to implement the initiative. Lumm reports that she’d called the clerk’s office number and received the recorded message. She asks that the message provide a menu option for dog licenses.

Responding to another query from Lumm, Powers says that the deer management report will be completed at the end of the month as specified in the council’s resolution.

9:33 p.m. Lumm says she gets a lot of questions from constituents, including: How do you get rid of a dead deer carcass. Lumm thanks Powers for his work with Washtenaw County and the HSHV. For many years, the city has not paid for animal control services, Lumm says. That placed an unfair burden on HSHV, she adds. We’re still not quite all the way there as far as reimbursing HSHV, she says. The resolution designates HSHV as the animal shelter under Chapter 107 of the city code, she notes.

9:33 p.m. Outcome: The council has voted to approve the contract with Washtenaw County for animal control services.

9:35 p.m. Communications from the council. Kailaspathy alerts the council to a communication from the human rights commission. It concerns the same-sex marriages that were solemnized in Michigan – and it calls on Gov. Rick Snyder and attorney general Bill Schuette to cease their appeal of the federal court decision.

9:37 p.m. Teall is reminding councilmembers of the start of Huron River Day. She also says on July 9 there’s an emergency preparedness exercise at Michigan Stadium. There will be a lot of public safety personnel on site, she says.

9:41 p.m. Warpehoski notes that Lumm had shared her proposed amendment to the charter earlier in the meeting. He thanks Lumm for that effort. He says he fears that the mayoral election will be decided by less than a majority of voters. He’s working with the city attorney on a California-style blanket open primary. He’s not sure if it will be ready for this year, but if not he’ll look at it for 2016. The proposal deals with the possibility of the winner having less than a majority mandate, and would move the decision to an election with higher turnout. A possible downside, he explains, is that it could heighten the impact of money in elections. He’s also exploring the possibility of shifting to four-year election cycles. He’s not sure if it will be ready, but he wanted to follow Lumm’s example of alerting people to what he was working on.

9:42 p.m. Hieftje refers to state-level encouragement to communities that have elections every year to move them so that they are only every two years.

9:44 p.m. Lumm is happy to hear Warpehoski’s report of the work he’s doing. She ventures that a lot of people will want to provide some input into that question. She wants the question of non-partisan elections to be addressed. “This is absolutely something we should look at,” she says.

9:45 p.m. Briere says she wants to encourage people to consider not just the office of councilmember, but also for mayor as they think about this issue.

9:46 p.m. Kunselman says he’s taken the Ward 3 seat twice with less than 50% of the vote. He’s now asking about the DDA ambassador program. He wants to know if the DDA is going to use TIF (tax increment finance) or parking revenues for that program.

9:46 p.m. Clerk’s report.

9:46 p.m. Outcome: The council has voted to accept the clerk’s report.

9:46 p.m. Public commentary. There’s no requirement to sign up in advance for this slot for public commentary.

9:48 p.m. Kai Petainen is at the podium. He asks the council to send the minutes from a March LDFA meeting back to the LDFA board because they indicate that he’d been a client of the business accelerator. He says he wasn’t.

9:50 p.m. Ed Vielmetti says that he’s noticed while riding his bicycle around town there’s a lot of bike lanes that are poorly marked. He’s not sure what the process is for reporting the erosion of striping. He asks that a city traffic engineer review the intersection at Hill and Packard. There was a left-turn lane created for the East Stadium bridges project, that might not be needed any longer, he says.

9:50 p.m. Thomas Partridge asks for the council to provide leadership to oversee the work of contractors in the city.

9:56 p.m. Jeff Hayner asks that as the Barton Drive sidewalk project gets done, some type of traffic control is considered. He’s commenting on the charter amendments that councilmembers have talked about. He asks councilmembers to consider the timing of elections when millages are passed, noting that the recent transit millage was passed with roughly 12% participation.

9:56 p.m. Closed session. The council has voted to go into closed session to discuss land acquisition, pending litigation and attorney-client written communication.

10:27 p.m. We’re back.

10:28 p.m. Adjournment. We are now adjourned. That’s all from the hard benches.

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

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

A month before the dog days actually begin, the council will be considering as part of its July 7 agenda a resolution that would pay Washtenaw County $135,570 for animal control services. The county in turn contracts with the Humane Society of Huron Valley for those services. This is a new arrangement, based on recommendations from a 2012 county task force. The idea is that local governments in the county with their own dog licensing programs, which generate revenue through licensing, should shoulder part of the cost of the county’s animal control contract. Ann Arbor has its own dog licensing program.

The July 7 agenda is heavy with items related to infrastructure. Three special assessments for the construction of new sidewalks are on the agenda for final approval: Stone School Road, Barton Drive and Scio Church Road. And the council will be considering approval of contracts for street repair associated with utilities work, the replacement of a clarifier at the drinking water treatment plan, the replacement of liners for the swimming pools at Buhr and Fuller parks, and for monitoring work at the now-dormant Ann Arbor city landfill.

Several development items also appear on the July 7 agenda. The rezoning of three Ann Arbor Housing Commission (AAHC) properties will be given final consideration in connection with major renovations and improvements the commission is making to its inventory – at Baker Commons, Green/Baxter Court Apartments, and Maple Meadows. Initial approval for rezoning of another AAHC property is also on the council’s agenda: North Maple Estates.

In addition to the AAHC properties, the council will consider rezoning for parcels on Research Park Drive, in the southern part of the city, and a site plan for the expansion of Rudolf Steiner High School on the city’s north side.

The council will give initial consideration to changes in the ordinance that defines how city boards and commissions are appointed – changes that focus on the environmental commission. The changes involve clarifications of the nomination process and other housekeeping issues. The council will also consider confirmation of three appointments to the environmental commission: Allison Skinner, Benjamin Muth and Mark Clevey.

The summertime theme of the agenda is reflected in the approval of temporary outdoor sales and consumption of alcohol for several downtown businesses during the art fairs, which run from July 16-19. A permanent liquor license for Ruth’s Chris Steakhouse also appears on the council’s agenda. The theme of transition from summer to fall is reflected on the council’s July 7 agenda in the set of street closing approvals, which include closings around the University of Michigan stadium for home football games.

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.

Animal (Dog) Control Services

The council will be considering a $135,570 agreement between the city of Ann Arbor and Washtenaw County for animal control services.

Background to the city’s agreement includes a long process of discussions and negotiations between Washtenaw County and the Humane Society of Huron Valley (HSHV) – a conversation that began in 2011 when the amount of funding provided to HSHV was under scrutiny. A task force was appointed, and ultimately the county board of commissioners, at its Nov. 7, 2012 meeting, authorized contracting with HSHV for $500,000 a year for animal control services. [.pdf of contract between Washtenaw County and HSHV]

Recommended as a part of that task force report was for the county to pursue a cost-sharing arrangement with those municipalities in the county that collect licensing fees for animals. The city of Ann Arbor is one such municipality in the county. From the task force report:

Cost Sharing with Local Governments
Between 45 and 65 percent of the animals at the Humane Society come from jurisdictions with their own animal control ordinances or licensing programs. While the County would bear responsibility for stray dogs in those jurisdictions absent a controlling ordinance, it would also collect licensing fees from pet owners in those communities. The current system, however, drives costs to the County without providing direct revenues to offset them. The Task Force recommends that the County reach out to the communities whose ordinances either exceed the scope of the County animal control policy or that capture licensing fees, and develop a cost sharing agreement with those local governments to offset increases driven by local ordinance requirements. [.pdf of 2012 task force report]

Cited in the council’s July 7 resolution as the cost of public animal control countywide is $951,793. The assignment of $135,570 of that cost to the city of Ann Arbor is based on the proportion of dogs that come from Ann Arbor that are housed at HSHV, factoring in the $500,000 provided to the HSHV by Washtenaw County.

The city council’s approved FY 2015 budget had already included $105,000 for such animal control services. Increased dog licensing revenue is projected to fund the remaining $32,570, according to the staff memo accompanying the resolution.

The city council’s FY 2015 budget deliberations on May 19 , 2014 resulted in two amendments that affected funding for animal control services. One was an amendment that re-allocated $75,000 for a commercial sign inventory to animal control, including deer herd management. The other was an amendment that adjusted the revenue budget upwards to reflect an assumed 30% participation rate for dog licensing in the city – which would be a total of about $63,000. That’s $48,000 more than the actual amount up to now, with the idea being that a publicity campaign could increase participation in the licensing program. The additional revenue is to be put towards animal control.

Infrastructure: Sidewalk Special Assessments

At its July 7 meeting, the city council will consider the final vote on the special assessment of property owners to help pay for construction of three different sidewalks – on Stone School Road, Barton Drive and Scio Church Road.

The new sidewalk on Stone School Road will be on the west side of the road. This work will be done in conjunction with the Stone School Road reconstruction project from I-94 to Ellsworth Road. The total sidewalk project cost is roughly $128,500, of which about $55,000 will be special assessed. A public hearing on the special assessment will also take place at the council’s July 7 meeting.

The Barton Drive sidewalk project will extend eastward from Bandemer Park at Longshore Drive. The cost of the Barton Drive sidewalk has been calculated to be $80,606. Of that, about $36,000 will be paid from federal surface transportation funds. Of the remaining $44,606, the city’s general fund would pay $42,626, leaving just $1,980 to be paid through the special assessment.

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

Infrastructure: Public Services Contracts

Several contracts appear on the council’s July 7 agenda that are related to infrastructure maintenance and repair. The council will be considering a $344,600 contract with Cadillac Asphalt LLC for repair of streets after water mains, storm and sanitary sewers are repaired. The city’s public services area does not have the equipment or the staff to perform these types of street repairs, which often involve the replacement of the concrete base or the concrete street surface, according to the staff memo accompanying the resolution.

The city council will also consider awarding a $175,000 contract to replace a clarifier drive in the drinking water treatment plant – to Titus Welding Company. According to the staff memo accompanying the resolution, the drive to be replaced is original to the plant and was installed in 1965. It had an expected life of 30 years. It has begun to show signs of failure, included seizing, high vibration, and bearing failure. The drive has been assessed by the manufacturer and it has been determined that it is not cost-effective to repair, according to the memo.

The council will also consider a $205,055 contract with Renosys Corp. to install PVC pool liners at Buhr and Fuller pools. The city is switching to PVC from Marcite, which is, according to a staff memo, a “cementitous product that covers the pool shell creating a smooth and waterproof surface.” The new product has a smoother surface, and won’t require the yearly patching required due to harsh winters and wear and tear on the pool, according to the staff memo.

The council will consider a $80,836 contract amendment with Tetra Tech Inc. for environmental consulting services at the now-closed Ann Arbor landfill. That brings the total amount on the contract to $624,221. According to the staff memo accompanying the resolution, for several years the landfill has had a plume of 1-4 dioxane and vinyl chloride contamination offsite primarily in Southeast Area Park, northeast of the landfill. A slurry wall was constructed along most of the boundary of the landfill to eliminate groundwater passing through the landfill, and three purge wells were used to attempt to capture the offsite contamination.

Also on the July 7 agenda is a resolution for $125,000 contracts with Stantec Consulting Michigan Inc. and Fishbeck, Thompson, Carr & Huber Inc. for general civil engineering and surveying services. Those services include a range of activities, according to the staff memo accompanying the resolution: design and management of capital improvement projects; private development construction plan review; private development utility and road construction inspection; traffic engineering; civil engineering design; construction inspection; drafting; and surveying.

Development

On the council’s agenda are a number of rezoning requests and site plans associated with new development in the city.

Development: Research Park Drive – Rezoning, Recreation

On the city council’s July 7 agenda for initial consideration is the rezoning of six sites along Research Park Drive – from RE (research district) to ORL (office/research/limited industrial district). Related to that rezoning, the council will be asked to give initial approval to amendments to the city’s zoning code to allow outdoor recreation as a special exception use in the ORL zoning district.

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

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

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

Only the initial rezoning and the amendment allowing recreation as a special exception use will be in front of the council at its July 7 meeting. The planning commission recommended support of both actions at its June 3, 2014 meeting.

Aerial view showing Research Park Drive parcels.

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

Development: Rudolf Steiner Site Plan

On the July 7 city council agenda is the approval of a site plan for the expansion of the Rudolf Steiner High School. The private school is located at 2230 Pontiac Trail, north of Brookside. The planning commission had recommended approval of the site plan at its June 3, 2014 meeting.

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

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

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

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

At their June 3 meeting, planning commissioners approved a special exception use for the project. That’s required under Chapter 55 of the city’s zoning code because the site is zoned R1D (single family dwelling). Private schools are allowed within that zoning district, if granted a special exception use. The planning commission has discretion to grant a special exception use, which does not require additional city council approval.

Development: AAHC Rezoning Final Approval

On the council’s agenda for July 7 is the final approval to the rezoning of three Ann Arbor Housing Commission properties that have been given initial approval by the city council. The planning commission had recommended the rezonings at its May 6, 2014 meeting. Initial city council action came at its June 2, 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 given initial rezoning approval on June 2, 2014 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 in progress 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 a parcel. 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.”

Development: Ann Arbor Housing Commission – Appointment

Also at its July 7 meeting, the council will be asked to confirm the appointment of Audrey Wojtkowiak to the board of the Ann Arbor Housing Commission, to fill the vacancy of Christopher Geer. Wojtkowiak’s nomination was made at the council’s June 16 meeting. She’s controller for the Consolidation Center at Detroit Diesel.

Development: Ann Arbor Housing Commission – North Maple Rezoning

On the council’s July 7 agenda is initial consideration of rezoning that’s necessary for a renovation project to be undertaken by the Ann Arbor Housing Commission for a site on North Maple.

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

The council will be asked to give initial approval to rezoning the 4.8-acre site at 701 N. Maple Road – from R1C (single-family dwelling district) to R4B (multi-family dwelling district).

The planning commission had recommended the rezoning at its June 17, 2014 meeting after postponing it on June 3, 2014.

The site is on the west side of North Maple, between Dexter Avenue and Hollywood Drive. [.pdf of staff report]

The site plan calls for demolishing 20 existing single-family homes – the public housing complex known as North Maple Estates – and constructing an eight-building, 42-unit apartment complex with a total of 138 bedrooms. The units range in size from one bedroom to five bedrooms. The project would include a playground, community building and 73 parking spaces. According to a staff memo, the buildings would be located along a T-shaped driveway that connects to North Maple Road and Dexter Avenue. The drive extends northward toward Vine Court but does not connect with that street. There would be a new connection to Dexter Avenue through the remaining, undeveloped length of Seybold Drive.

The project will require the city to vacate a portion of the right-of-way for Seybold Drive. The surrounding land is owned by the housing commission, so if the right-of-way vacation is approved, the land would become part of the housing commission property.

The site plan will not be in front of the city council on July 7. Only the initial rezoning approval and a resolution of intent to vacate right-of-way for Seybold Drive appear on the agenda. That resolution of intent sets a public hearing for Aug. 18, 2014 – the same council meeting when a vote will be taken on the vacation’s approval. The rezoning will also need a second vote of approval from the council at a future meeting.

Planning staff noted three issues that need to be resolved before the project gets approval from city council:

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

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

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

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

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

Environmental Commission

The city’s environmental commission appears in two different agenda items – one that amends the city ordinance establishing the commission, and another that nominates additional members to the commission.

Environmental Commission: Ordinance Change

The council will be giving initial consideration to a change to the city ordinance that regulates how appointments are made to the environmental commission (EC). The EC is one of the few boards or commission in the city for which the mayor does not make nominations. The more familiar procedure – for most boards and commissions – includes a mayoral nomination at one council meeting, followed by the confirmation vote of the council at a subsequent meeting.

In the past, the council has mimicked this procedure for the EC by having some councilmember put a resolution on the agenda appointing a member to the EC, and then postponing the resolution until the next meeting. The ordinance revisions clarify that the nominations put forward by the council as a body to the EC are to be made by the two councilmembers who serve as the council’s representatives to the EC.

Besides two slots for council representatives, the EC includes positions for members of the planning commission, park advisory commission, and energy commission. The ordinance revision that the council will be considering on July 7 makes clear that those groups make their appointments to the EC without further city council approval. This specific revision comes after the planning commission had selected Kirk Westphal from its membership to serve on the EC earlier this year, and some councilmembers voted against his confirmation, when the council was asked to confirm his selection two months ago. For background on that vote, see “Hutton, Westphal Reappointed to EC.”

The staff memo summarizes the changes to the ordinance regulating appointments to boards and commissions as follows:

• clarifies that the councilmembers currently serving on the environmental commission nominate persons for “at-large” appointments, which are then approved by council resolution;
• clarifies that the planning commission, park advisory commission, and energy commission each designate a representative to the environmental commission without council approval and for a one-year term;
• clarifies that the 3-year terms should be equally staggered;
• removes references to the Leslie Science Center Advisory Board, which no longer exists;
• requires the city administrator or the designated support staff of the environmental commission to notify council of vacancies – previously this was delegated to the clerk’s office, which does not always have immediate knowledge of vacancies;
• contains a few minor, non-substantive corrections and clarifications.

If the council gives the ordinance amendment initial approval on July 7, it would still need a second and final vote at a subsequent meeting, in order to be enacted.

Environmental Commission: Appointments

Also on the agenda are confirmation of three nominations to the EC, which were announced at the council’s June 16, 2014 meeting: Allison Skinner, Benjamin Muth and Mark Clevey.

Clevey is the representative to the EC selected by the energy commission, so this confirmation will not follow the ordinance amendment for which the council will be asked to give initial approval on July 7.

Liquor

At its July 7 meeting, the city council will be considering two items related to serving alcohol. One is an item that would allow several downtown businesses to serve alcohol outdoors during the Ann Arbor art fairs, to be held July 16-19 this year:
Knight’s Restaurant (600 E. Liberty St.), Michigan Theater (603 E. Liberty St.), Neopapalis (500 E. William St.), Cottage Inn (508-512 E. William St.), New York Pizza Depot (605 E. William St.), Ashley’s Restaurant (338 S. State St.), Red Hawk Bar & Grill (316 S. State St.), and Pizza House (618 Church).

The second item is a downtown development liquor license for Ruth’s Chris Steak House. The council approved the site plan for Ruth’s Chris – to be located on Fourth Avenue between William and Liberty – at its June 2, 2014 meeting.

Street Closings

The consent agenda includes approvals of street closings for special events, which provide a window into what’s happening in the coming weeks. Events with street closings on the July 7 city council agenda include:

• Electric Bolt 8K Run/Walk (July 27, 2014): Various streets from 6-10 a.m.
• Cleats and Beats (Aug. 1, 2014): These street closures would be on S. Main from E. William to Huron, on Liberty from S. Ashley to S. Fourth, and on Washington from S. Ashley to the alley by the parking structure. This is sponsored by the Ann Arbor Convention and Visitors Bureau. It appears to be a different event than the Eats, Beats and Cleats event for which the council unanimously rejected a street closure request last year. That was proposed to take place in a South University neighborhood with a lot of student housing.
• Relevent Sports International Champions Cup Soccer Game (Aug. 2, 2014). Various streets around Michigan Stadium for three hours prior to the start of the game.
• University of Michigan football games (2014 Season): Various streets around Michigan Stadium for three hours prior to the start of each home football game.
• Dancing in the Streets (Aug. 31, 2014): S. Main between Huron and Liberty, and Washington between S. Ashley and the alley on E. Washington toward S. Fourth Avenue, from 11 a.m. to 7:30 p.m.

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The reappointments of Hutton and Westphal were both included in a single resolution voted early in the meeting. On that resolution, Stephen Kunselman (Ward 3), Jack Eaton (Ward 4), Mike Anglin (Ward 5) and Sumi Kailasapathy (Ward 1) dissented, without deliberation. Later, towards the end of the meeting, Kailasapathy explained that her dissent on the EC appointments was based on opposition to Westphal, not Hutton. Jane Lumm (Ward 2), as a member of the prevailing side, then moved to reconsider the resolution so that the question could be divided.

When separated out, Hutton’s appointment was confirmed unanimously. The vote on Westphal’s appointment was again 7-4, with the same four dissenters – but not without 20 minutes of debate.

Westphal was 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. Petersen and Kaplan are also Democrats.

The controversy on the appointment stemmed from a decision by mayor John Hieftje last year not to nominate Jeff Hayner to the public art commission – because Hayner was running for Ward 1 city council against Sabra Briere. Those who dissented on Westphal’s appointment argued in part that the same principle should be applied to Westphal. Those who voted for Westphal noted that it was the planning commission’s choice of Westphal to represent them. Hieftje also noted that his policy that led him not to appoint Hayner was not based on concern for political advantage, but rather about the ability of someone to serve on a city board or commission if they were successful in their council race.

The appointing resolution on the council’s April 21 agenda – which was postponed until May 5 – originally included David Stead as a reappointment along with Hutton and Westphal. 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.

Stead’s name was not included in a substitute resolution put forward at the May 5 meeting. Sabra Briere (Ward 1) indicated in an email on May 2 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.”

Stead’s four previous terms on the commission would likely have been a point of friction for some councilmembers.

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.

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.

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. The park advisory commission is an example of a city commission with such term limits. 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.

During deliberations on May 5, Margie Teall (Ward 4) pointed out that earlier in the meeting, the issue of vacancies on the EC had been raised. “Beggars can’t be choosers,” she said. Teall was referring to a comment by Briere, who had noted the EC vacancies and had encouraged people with a background in environmental sciences, chemistry, biology and the like to apply.

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

The action taken by the council at its April 21 meeting was to postpone the vote until May 5. That’s not unusual for appointments to the EC – because nominations are not made by the mayor, as with most boards and commissions. Past practice as been for the appointments to the EC to mimic the typical two-step mayoral appointment process – with nomination at one meeting followed by confirmation at the next meeting. So council has customarily had the EC appointments on its agenda for initial consideration and postponed a vote until the next meeting.

But council sources indicate that there will likely be debate on at least Stead’s appointment. Stead was originally described in the agenda item as having served on the commission since 2007. That was subsequently corrected. City records in Legistar indicate he was among the first members to be appointed, on Sept. 18, 2000 after the council established the commission in a resolution approved on April 3, 2000.

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

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, 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.

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 that commission. The planning commission voted at its Jan. 23, 2014 meeting to recommend Westphal’s reappointment. Westphal did not participate in the vote on that recommendation.

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

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

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

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

Graham was initially appointed in 2006 and has served two three-year terms on the commission. Graham is also a member of the executive committee of the Michigan Environmental Council.

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

Unlike the majority of nominations to city commissions and boards, which are made by the mayor and confirmed by the city council, the environmental commission nominations are made by the council. The vote on Smith’s appointment will come at the council’s next meeting, on Dec. 3.

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