First, the council passed a resolution that will 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.)
• Pizza House (618 Church)

The second alcohol-related item approved by the council on July 7 was a recommendation for 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.

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

From left: Sumi Kailasapathy and Sabra Briere (Ward 1); Sally Petersen and Jane Lumm (Ward 2); Christopher Taylor and Stephen Kunselman (Ward 3). In color are the only two councilmembers on that side of the table who are not running for mayor. (Photo art by The Chronicle.)

The pedestrian safety and access task force appeared on the agenda because confirmation of its nine members was a question before the council. As part of that vote, as well as during council communications, Stephen Kunselman (Ward 3) revived the recent controversy over an attempted repeal of the city’s crosswalk ordinance – an effort that mayor John Hieftje ultimately vetoed. The task force was appointed at Tuesday’s meeting, after Kunselman established that he was still interested in revising the city’s crosswalk ordinance so that motorists would be required to stop for pedestrians only if they could “do so safely.”

In other business, the council approved the site plan for a revised, expanded version of the 624 Church St. project, located in the block just south of South University Avenue. The revised plan is for a 14-story, 116,167-square-foot building with 123 units and about 230 bedrooms. The approval came after an hour and a half of debate on the site plan, focusing on the way the project is satisfying a zoning requirement to provide parking spaces – through the city’s contribution-in-lieu (CIL) program. The Ann Arbor Downtown Development Authority had approved three five-year extensions for the CIL monthly permits – beyond the standard CIL term of 15 years. When Kunselman’s bid to eliminate the extended term failed – a move that would have jeopardized the project’s financing – he told Sean Spellman, representing the developer: “I’m sorry if I scared you …”

Also related to downtown development, the council moved along a process to revise downtown zoning regulations. The council accepted the planning commission’s recommendations, and in turn tasked the planning commission to develop ordinance language to implement the recommendations. In general, the planning commission’s recommendations were intended to create more of a buffer between downtown development and adjacent or nearby residential neighborhoods. Several other recommendations focused on the issue of “premiums” – certain features that a developer can provide in exchange for additional by-right floor area ratio (FAR).

During its Tuesday meeting, the council added some direction of its own: (1) consider rezoning Huron Street from Division to Fourth Avenue to conform with the East Huron 1 character district, and consider incorporating 25-foot minimum side setbacks and 10-foot front setbacks where feasible in the East Huron 1 character district; and (2) consider whether other D1-zoned areas that do not have buffering from adjacent residential neighborhoods, including some areas of South University and Thayer Street, should be rezoned to D2. A date certain was also added by which the planning commission is to report to the council on all its work on this issue – Oct. 20, 2014.

In other zoning action at its Jan. 21 meeting, the council gave initial approval for the zoning of two unzoned properties on South State Street – 1643 and 1645 S. State. They are proposed to be zoned C1 (local business district). One of those properties houses Biercamp Artisan Sausage and Jerky.

In another item related to South State Street property, the council approved with no discussion a $25,550 contract with Atwell LLC for environmental site assessment services to evaluate 2500 S. State St. That’s the Edwards Brothers Malloy property for which the council is currently exploring options to purchase. The item was added to the agenda on Friday, Jan. 17, after the initial publication of the agenda.

Delayed by the council was a six-month extension of the contract with the city’s public art administrator, Aaron Seagraves, and a proposal to add $18,500 to his compensation to cover the added term. The postponement was made amid concern about the remaining $839,507 unallocated balance in the now-defunct Percent for Art fund. The political horse-trade made at the council table was to postpone the contract extension, with the expectation that it would be supported at the council’s next meeting – but at the same time, a process would start to return the better part of the $839,507 to the various funds from which that money was drawn.

The city’s new public art program relies on the idea of integrated or “baked-in” art for capital projects. It was developed by a five-member council committee, which included all four of the councilmembers who have announced that they’re running for mayor in 2014 – Sabra Briere (Ward 1), Sally Petersen (Ward 2), Christopher Taylor (Ward 3) and Stephen Kunselman (Ward 3). The fifth member of that committee was Margie Teall (Ward 4), who cast the only vote against postponing the contract extension for Seagraves – as she wanted to approve it at Tuesday’s meeting.

Also at its Jan. 21 meeting, the council approved $6,818 of general fund money to build a sidewalk from the northeast corner of Penberton Court and Waldenwood northward – to connect to a path leading the rest of the way to King Elementary School. The item, which has a history of at least four years, drew about 15 minutes of discussion.

Taking a half hour of council deliberations was another sidewalk-related item. The council approved the first of four steps in the process to impose a special assessment on property owners for a sidewalk on the east side of Pontiac Trail, between Skydale and Dhu Varren Road. Debate centered on a proposal from Kunselman to ask the city administrator to consider city funding for 80% of the project.

The council dispatched quickly two liquor-license related items: recommendation of a special downtown development liquor license for The Lunch Room at 407 N. Fifth Avenue, and a change in the classification of Silvio’s Organic Pizza license from a Tavern License to a Class C License.

Public commentary was highlighted by concerns about fracking.

Pedestrian Safety and Access Task Force

Councilmembers were asked to confirm nominations made at the council’s Jan. 6, 2014 meeting for members of a pedestrian safety and access task force. Members of the task force are: Vivienne Armentrout, Neal Elyakin, Linda Diane Feldt, Jim Rees, Anthony Pinnell, Sarah Pressprich Gryniewicz, Kenneth Clark, Scott Campbell, and Owen Jansson.

The task force was established at the council’s Nov. 18, 2013 meeting. The group is supposed to “explore strategies to improve pedestrian safety and access within a framework of shared responsibility through community outreach and data collection, and will recommend to Council improvements in the development and application of the Complete Streets model, using best practices, sound data and objective analysis.” The group is asked to deliver a report by February 2015.

Stephen Kunselman (Ward 3).

During council communications time at the start of the meeting, Stephen Kunselman (Ward 3) read aloud from several sources, calling it a “collage of the crosswalk ordinance working as intended.” The first item he read aloud was an email from Chelsea resident Diane Locker, who questioned the city’s crosswalk ordinance, based on an experience she had. The subject line to the email was “Crosswalk law caused a recent near-accident.” The email asked for help in understanding how to comply with the city’s crosswalk ordinance. She’d never received a traffic ticket, nor had she been involved in causing an accident, she wrote.

The previous day she’d had an experience on W. Eisenhower near Waymarket Drive that nearly caused a serious accident, she wrote. Under the city’s ordinance, she felt, she should have received a ticket, like a half-dozen cars behind her. She also felt that the father and child who were waiting to cross Eisenhower would have been within their right to start crossing but would have been seriously injured or killed, if they’d started crossing. To date, that’s the closest she’d come to having an accident since the crosswalk law’s repeal had been vetoed by mayor John Hieftje. Locker said she sees pedestrians waiting at the curb to cross on her commute to work and would hate to think that an accident is inevitable. She described other occasions when she’s proceeded without even attempting to stop – because the pedestrian was not walking and the car following her was too close to react to her braking.

Kunselman then read aloud from the ordinance:

10:148. Pedestrians crossing streets.
(a) When traffic-control signals are not in place or are not in operation, the driver of a vehicle shall stop before entering a crosswalk and yield the right-of-way to any pedestrian stopped at the curb, curb line or ramp leading to a crosswalk and to every pedestrian within a crosswalk when the pedestrian is on the half of the roadway on which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.

Kunselman then read aloud from Hieftje’s statement vetoing the ordinance:

Referred to as the “Crosswalk Ordinance,” existing Section 10:148 in the Ann Arbor City Code differs from Rule 702 of the Michigan Uniform Traffic Code (“UTC”) in that it explicitly requires drivers to stop, if they can do so safely, for pedestrians stopped on the curb, curb line or ramp. [.pdf of the Dec. 9, 2013 veto statement]

Kunselman then read aloud from an interview with Hieftje in Concentrate magazine:

Given that you had to use your veto to stop council eliminating the requirement for drivers to stop for pedestrians waiting to enter a crosswalk, are you concerned about how the issue will change without your vote in play?

No, I’m pretty happy with the task force that I’ll be naming at our next council meeting. Their mandate is to study the issue. There’s absolutely no data to show that our crosswalk ordinance isn’t working as intended. So I would hope that the task force would be allowed to work.

Kunselman highlighted the part of Hieftje’s veto statement that requires drivers to stop “if they can do so safely.” He ventured that the city attorney’s office had reviewed the language of Hieftje’s veto statement. So now, Kunselman said – citing the email from the Chelsea driver – people are making decisions as to whether they can stop safely.

A few minutes later, the council was asked to confirm appointment of the nine members of the pedestrian safety task and access force. Kunselman asked what the task is for the task force: Is it to come up with recommendations to amend the ordinance?

Sabra Briere (Ward 1) replied that the task force was conceived independently of the heated controversy about the crosswalk ordinance. There are a whole slew of things related to pedestrian safety in addition to crosswalks, she said, which the task force would be reviewing. She alluded to a manual put out by the federal government that will guide the task force’s work. She also said that the task force will be given a book about walkable cities.

Kunselman contended that Briere’s explanation had made clear that the council can continue to consider the question of amending the crosswalk ordinance. He returned to his previous focus on the phrase from the mayor’s veto statement that said drivers should stop “if they can do so safely.” He ventured that an attempt might be made to amend the language of the ordinance to include that phrase.

Outcome: The council voted to confirm all the pedestrian safety and access task force appointments.

624 Church Street

The council considered approval of the site plan for 624 Church Street. This project would be located south of South University Avenue in downtown Ann Arbor, next to and over the two-story Pizza House restaurant on the west side of Church. A previous version went through the planning review process and was given approval by the city council almost a year ago at its March 4, 2013 meeting.

The current, revised plan is for a 14-story, 116,167-square-foot building with 123 units and about 230 bedrooms. The apartment building would extend to the southeast corner of Willard and Church, where the building’s entrance will be located. Existing buildings at 624 Church Street and 1117 Willard would be torn down.

Rendering of 624 Church apartments, looking south from South University. Zaragon Place is pictured to the west, immediately next to the proposed 624 Church building. (Image included in the planning commission meeting packet.)

The original plan was for an 83,807-square-foot, 14-story building addition with 76 residential units. But after the original plan received site plan approval, the developer purchased an adjacent parcel at 1117 Willard to expand the project. The Tice family, which owns Pizza House, is partnering with Opus Group of Minnetonka, Minnesota, and 624 Partners LLC. When Pizza House expanded in 2006, the project included foundations that would allow for a taller building eventually to be constructed. [.pdf of site plan] [.pdf of draft development agreement] [.pdf of staff memo]

Premiums offered in the D1 zoning district – for buildings with residential uses, and LEED silver certification – are being used to allow a larger structure than would otherwise be permitted, gaining an additional 267% in floor area ratio for a total of 667% FAR. To use the residential premium, each bedroom must have a window directly to the outside. The premium also triggers the requirement to provide parking – either by building it onsite or through the city’s contribution-in-lieu (CIL) program.

The project includes a 1,491-square-foot outdoor dining area for Pizza House, which will be built underneath the apartment structure on the south side of the restaurant, opening onto Church Street. It will be partially enclosed, with large garage-style overhead doors along the front property line opening to the sidewalk.

Other features of the project and development agreement include:

• Two small offices for building management on the ground floor of the addition, with a solid waste/recycling room and bicycle parking room at the rear. There will be no new retail space.
• The top floor will include a small “club room” for residents and a rooftop patio with benches, a small grilling area, and garden trellis.
• The second floor will contain a fitness room, study lounge and five apartments. Other floors will have 11 apartments each. The apartments will be divided into: 23 one-bedroom (19%); 88 two-bedroom (72%); and 11 three-bedroom (9%). The units will range in size from 490 to 1,100 square feet.
• The developer will make a contribution of $47,120 to the city’s parks and recreation unit for improvements to the nearby Forest Plaza, adjacent to the Forest Avenue parking structure.
• The development agreement includes a requirement to disconnect 27 footing drains as part of the city’s footing drain disconnect program. That’s an increase from the 20 that were required for the previous version of the project.

The new version of this development was evaluated by the city’s design review board, which was generally supportive of the project. [.pdf of September 2013 DRB report] The city planning commission recommended approval of the revised plan at its Dec. 17, 2013 meeting.

The development requires 53 parking spaces under the city’s zoning. Five of those will be provided in spaces underneath the building. The previous proposal had no on-site parking. At its Nov. 6, 2013 meeting, the Ann Arbor Downtown Development Authority granted the owner the ability to buy a total of 48 monthly parking permits in the Forest Avenue parking structure, through the city’s contribution-in-lieu (CIL) program. That program requires the developer to pay 20% more than the standard rate for monthly parking permits. The DDA had already granted a request for 42 permits under the original version of the project.

At its Jan. 8 2014 meeting, the DDA board approved a request for the option to extend the monthly parking contracts for three five-year periods. Opus had wanted the ability to extend the contract’s 15-year commitment to instead cover a 30-year financing period – based on feedback from firms that would be providing the financing.

The previous development proposal had drawn concern from representatives of the adjacent Zaragon Place apartments, at 619 E. University. The concerns stemmed in part from the fact that under the previous plan, the new building would have been built up to the lot line next to Zaragon Place. The current proposal calls for setbacks of 10 feet and 20 feet from that property line. According to planning staff, the city hasn’t received any feedback from adjacent property owners about this current proposal.

624 Church Street: Public Hearing

Brad Moore, the architect for the project, led off the public hearing.

Architect for 624 Church Street, Brad Moore.

Moore noted that what’s before the council is a revision to the previous project. He reminded the council that the renovation to Pizza House had been designed with strong enough foundations to facilitate a larger project to be built at a later time. He explained that the portion of the previous project that had zero setback with the adjacent Zaragon building has been redesigned, so that it now has a 20-foot setback. [That had been a point of friction with the owner of the Zaragon building in the previous iteration of the project, but has not been an issue this time around.]

Moore noted that the unit mix is about 90% 1-2 bedroom units, with 11 3-bedroom units.

Eppie Potts spoke about the parking permit issue. She questioned the contribution-in-lieu policy that allows a developer to pay for permits in the public parking system, instead of building parking spaces onsite. That’s not good for the public, Potts said. She won’t be able to get to her favorite restaurant, she feared. The public is being crowded out. If the developers can build that big of a building, they could also find a way to build some parking, she contended.

Next to speak was Scott Munzel, who is a local attorney representing Opus, the developer. He noted that the project complies with all the applicable zoning requirements. He called the project a creative use of a “difficult site.” That’s why it’s difficult to construct parking onsite, he said, and that’s why the developer is making use of the city’s contribution-in-lieu program. The project is consistent with the downtown plan, he said, and it’s consistent with other city goals, like creating a sense of place.

Maggie Ladd, director of the South University Area Association, told the council she supports the project. She said that the zoning was changed before the A2D2 (Ann Arbor Discovering Downtown) process, and that A2D2 lowered the height restrictions.

624 Church Street: Council Deliberations

Sumi Kailasapathy (Ward 1) led off the discussion. She asked for planning manager Wendy Rampson to come to the podium. Kailasapathy wanted to know about the contribution to parks – as $72,450 had been requested. The developer had made a smaller contribution – $47,120. Rampson noted that the parks contribution is voluntary. Brad Moore, the project’s architect, responded by saying the city parks staff member had modified the request downward, based on the specific parks improvements at Forest Plaza that the city wanted to undertake.

Kailasapathy then expressed dissatisfaction with the extension option for the contribution-in-lieu parking program that the DDA had granted – three five-year periods past the standard 15 years for parking CIL permits.

Susan Pollay, executive director of the DDA, described the usage pattern of the Forest Avenue parking structure, which is heavy during the school year. She ventured that a circulator bus downtown could allow for relocating the permits to a different parking structure sometime in the future. Mayor John Hieftje noted that the developer is taking advantage of an existing policy – the CIL program.

Pollay described an “experiment” or “pilot” program the DDA had tried where parking permits would be granted not on a first-come-first-serve basis but rather to property owners based on square footage. The number of parking permits that were being granted to the project fell within the square-footage guidelines of that pilot program, she said. [Property owners turned out not to be interested in managing parking permits on behalf of their tenants.] Hieftje elicited the fact that the CIL program requires a 20% premium to be paid on the regular price for a monthly parking permit.

About the Forest parking structure, Stephen Kunselman (Ward 3) asked: Is there a wait list? Yes, answered Pollay, 325 are on the list, and 153 of those have joined the list since 2012.

Kunselman said the extension of the CIL by three 5-year periods “irked” him. He asked what the DDA’s discussion had been like in terms of “fairness.”

Pollay said that fairness is the point of the “pilot” program. But the DDA had learned that the property owners didn’t want to manage parking permits for their own tenants. Pollay said the conversation about fairness was ongoing. About the South University area, Kunselman noted that “we’re running out of land over there.”

Kunselman wanted to know what other developments had contracts for parking permits. How many spaces are available to the public at the Forest parking structure?

Pollay said the Forest structure has almost 900 spaces, but the University of Michigan had been a partner on the expansion of the structure. So not counting the spaces allotted to UM, just under 590 spaces are available to the public, she said. There are 131 monthly permits that have been sold to the public now. She explained how the gate arms keep track of public usage versus UM usage.

Pollay noted that the current monthly permit system is on a month-to-month basis – which means that the DDA can choose not to renew a monthly permit. Kunselman wanted to know if the 48 permits for the 624 Church Street project would be taken out of the 131 existing permits. He elicited the fact that the 48 permits sold to the 624 Church Street project will jump ahead in line of those currently on the wait list. Pollay said that many people on the wait list may already be parking in the Forest structure on an hourly basis, adding that having a monthly permit is a matter of convenience.

Margie Teall (Ward 4) said the council keeps hearing that for new developments that are built, the residents are going to bring cars. She was not sure that all 48 of those spaces would be needed for the project.

Jane Lumm (Ward 2) thought that if a more diverse housing mix is desired, not all residents would find it convenient to not have a car. She expressed concerns about the lengthened parking agreement. She was glad that flexibility on the location of the structure where they’d be granted had been built into the agreement. She asked Pollay if this relocation of the permits to a different structure during the extension period had been a point of discussion with the developer. Yes, answered Pollay. Pollay also noted that the CIL program had been approved by the council.

Lumm said she didn’t want to see cars parked in the neighborhood if people can’t get into the structure. Hieftje, who lives in the North Burns Park area, responded to Lumm’s remarks by indicating that the residential parking program is effective in preventing people from storing cars on the streets. Hieftje ventured that if the council wants to review the CIL program, it should do that separate from its consideration of the 624 Church Street project.

Kailasapathy responded to Hieftje by saying that the 15-year extension was outside the CIL policy. She called the use of the CIL policy “externalization of costs” associated with the development.

Christopher Taylor (Ward 3) indicated support for the site plan –because it conforms with the zoning requirements. It would add useful residential units, he said. Previously the area had been challenged and desolate and it’s no longer so, he said.

On the parking permit issue, Taylor allowed that fairness is an issue, but said he’s relying on the DDA to take a longer view of managing the demand of the parking system. On the parking permit spaces, Taylor said: “They’re being used by Ann Arbor residents – they just don’t live here, yet.”

Kunselman asked if the DDA has looked at subsidizing lower-income students for their parking costs. Pollay replied by saying that the DDA’s strategy has been to make as many options available as possible and to let people choose.

Kunselman asked if the monthly permits allow someone to park 24/7. Yes, Pollay answered. That’s a problem, Kunselman said.

Kunselman then asked if long-term parking had been explored for people to park at a satellite lot for “storage parking.” Pollay said a pilot had been done at the Fingerle lot to explore the idea of “storage parking.” Not many takers had been found, she said.

Kunselman ventured that developments in D1 and D2 zoning districts are “parking exempt,” so he wanted an explanation for why the 624 Church Street project needed parking. Rampson explained that parking can be required for the larger buildings that result from premium FAR (floor area ratio).

Kunselman asked the city attorney what happens if the council amends the development agreement. Assistant city attorney Kevin McDonald suggested that instead of trying to amend the development agreement, the council should make changes in the resolved clauses of its resolution.

Kunselman asked for the developer to come to the podium, and asked about striking the CIL’s extended term and location from the development agreement: Will that be a deal-breaker? Yes, answered Sean Spellman with The Opus Group. The national lending market has spoken, Spellman added.

Spellman noted that for the extended term of the CIL, the location of the parking structure where the permits would be granted wouldn’t necessarily be the Forest parking structure. But having the extended term was essential to obtaining financing, Spellman said. Kunselman replied: “Your financing is not my concern.”

Kunselman said that all these years he’s participated in this kind of site plan review process, he’s always told citizens that the council is voting on the zoning, not the financing, and it’s up to the developer to put the financing together.

Spellman said that the council could move the spaces wherever it wants, but the development really needed the extension. Kunselman said that if the project can’t get financing without the parking, then maybe it’s too big. About the DDA board’s decision to agree to the extended term, Kunselman said: “The DDA rolled over for ya.”

Kunselman continued by saying that the DDA doesn’t sign contracts, and the developer would have to go to the bank with a DDA resolution, not a contract. Kunselman added that he’d be content not to have any parking required for the project.

Sabra Briere (Ward 1) then reviewed with the developer the availability of spaces in the Forest structure. Pollay reviewed how a monthly parking permit is not transferable, and cannot be sublet.

Sally Petersen (Ward 2) asked Rampson if the developer could meet the parking requirement by providing Zipcar spaces. Rampson reviewed the lessons learned from The Varsity project, and noted that Zipcar doesn’t necessarily accept locations on a private site.

624 Church Street: Council Deliberations – Proposed Amendment (Location)

Kunselman then offered an amendment to the resolution. Kunselman’s added “resolved” clause stated that the development agreement is to be renegotiated to eliminate the designation of the Forest parking structure and the three 5-year extensions.

Teall appreciated the sentiment of Kunselman’s amendment. She wished there were more parking in the South University area. But she didn’t think Kunselman’s amendment was practical.

Hieftje said he understood the financing issue. He also understood the value of the additional units the project would provide. He called Kunselman’s amendment a “poison pill” for the development.

Hieftje said the DDA has thought deeply about this issue and knows more about the parking system than the council does. Assistant city attorney Kevin McDonald suggested that the word “negotiate” should be eliminated from the amendment, because it’s just council’s direction to be followed and nothing would be “negotiated.”

Lumm wanted the question divided. So the designation of the Forest parking structure as the location for the monthly permits was one question. The three 5-year extensions were a separate question.

First up was the location of the permits. Briere asked Pollay if she understood the amendment to mean that the spaces couldn’t be assigned in the Forest structure, and that the DDA would be constrained to look at other parking structures. Pollay replied that she did not know what the DDA board members would think, but what she interpreted the amendment to mean was direction from the council that the council would prefer that the spaces not be allocated in the Forest structure, and the DDA would take it as direction to find spaces for the permits elsewhere in the system.

Jack Eaton (Ward 4) said the question should actually be directed to Kunselman as to what his intent was. Kunselman said he didn’t mind if the permits were assigned in Forest – and he wanted the DDA to have the flexibility to assign them wherever it deems suitable.

Taylor asked if the location of the parking spaces had an implication for the financing. Spellman indicated the assumption had always been that the majority percentage of the permits would be in the Forest structure. Taylor ventured that the DDA has already indicated that the spaces are available in the Forest structure. Petersen noted that the council had already approved 40 spaces in Forest, in conjunction with the previous version of the project.

Outcome on the location amendment: The amendment failed with support only from Kunselman, Eaton, Anglin and Kailasapathy.

624 Church Street: Council Deliberations – Proposed Amendment (Term)

Next up was the question of three 5-year term extensions. Lumm said she’d support the amendment, but noted that she wasn’t sure why the DDA agreed to the extensions.

Hieftje brought Spellman back to the podium. He got clarification that Opus needs the “capacity” to extend the term for the permits for 30 years. The location for that entire period is not important. About the chances for getting financing without the 30-year term, Spellman said: “It’s zero.”

Eaton asked if the project could get financing if the project were parking-exempt. Spellman indicated that if the project were exempt, then it would already be zoning-compliant.

Briere wondered what the expectation was for a building becoming compliant with zoning in year 16 – after the standard term for a CIL permit agreement. McDonald explained that the policy was to require a minimum for 15 years. The 20% additional payment is to provide an enhancement to the parking system, McDonald said. He noted that banks are concerned that the building could become out of compliance. He said it was the city that came up with the 15-year requirement.

From right: Christopher Taylor (Ward 3), Jane Lumm (Ward 2) and Sally Petersen (Ward 2).

Lumm ventured that not having the parking agreement could kill the project. McDonald said that the conversations with the developer have been extensive. He pointed out that the DDA’s initial response to the request of a 15-year extension was to reject that in favor of three 5-year extendable terms.

Taylor called it “nonsensical” to deny the permits, knowing it would stop the project. “This makes no sense to me,” he said.

Kunselman ventured that the previous project was apparently financeable without the parking permit term extensions. He then shifted to a somewhat conciliatory tone, saying the project won’t get killed, because his amendment would be voted down. But later he would be bringing forth a proposal to kill the CIL program. Hieftje ventured technically the vote could come out for the amendment, which would kill the project.

Outcome on amendment on the parking permit extensions: The amendment failed, with support from Kunselman, Eaton, Anglin and Kailasapathy. [Lumm hesitated, saying she was counting votes, then voted no.]

624 Church Street: Council Deliberations – Continued

With the main question before the council again, Lumm worried about the CIL program eating away at the capacity of the parking system.

Petersen said she voted no on Kunselman’s amendment, but wanted the CIL program re-examined. She hoped it could be “Zipcar in lieu of parking.”

Kunselman said he’d had no intention, coming into the meeting, of raising these issues, but as he listened, he thought that the fairness issue was important. He allowed that the developer might have found the council’s discussion to be scary: “I’m sorry if I scared you, but as we work this through, that’s what we do.”

Briere said she’d bring up this issue with the planning commission, as the CIL program is related to D1 zoning and premiums. She ventured that many in the community would advocate for requiring a developer to provide parking for tenants. The issue needs to be considered carefully, she said.

Outcome: The council voted to approve the site plan and development agreement for 624 Church St.

Downtown Zoning Recommendations

The council considered a resolution giving direction to the planning commission to develop revisions to the city’s downtown zoning ordinance.

Downtown Zoning Recommendations: Background

By way of background, a downtown zoning evaluation began last year, following a city council directive to the planning commission on April 1, 2013. That direction was prompted in part by the controversial 413 E. Huron development, at the northeast corner of Huron and Division. The council’s direction was for the planning commission to make recommendations to the city council by Oct. 1, 2013.

Planning consultant ENP & Associates was hired to gather public input and evaluate certain aspects of downtown zoning known as A2D2 (Ann Arbor Discovering Downtown), which was adopted in 2009. ENP’s Erin Perdu took the lead on this project.

Her report had been originally presented at the commission’s Oct. 8, 2013 working session. [.pdf of consultant's downtown zoning report] [.pdf of Appendix A: city council resolution regarding zoning review] [.pdf Appendix B: list of downtown development projects since 2000] [.pdf of Appendix C: public input results]

Commissioners held a public hearing on the consultant’s recommendations that began on Oct. 15, 2013, and continued at their Nov. 6, 2013 meeting. They also discussed the recommendations at a Nov. 12 working session. Based on that discussion, planning manager Wendy Rampson made revisions to Perdu’s original set of recommendations. Rampson drafted a memo and resolution containing these revised recommendations. [.pdf of Nov. 19 memo and draft resolution]

The commission continued the public hearing and debated most of these recommendations at its Nov. 19, 2013 meeting, which adjourned at about 12:30 a.m. The group did not tackle the most controversial item that night: Possible changes to the parcel at 425 S. Main, at the southeast corner of Main and William.

On Dec. 3, commissioners picked up the topic and heard from three people during the ongoing public hearing – all three of them addressing the issue of zoning at 425 S. Main. Following that, the commission’s discussion focused on 425 S. Main, as well as revisiting a recommendation related to the design guidelines.

For additional background on this process, see Chronicle coverage: “Feedback on Downtown Zoning Continues“; “Downtown Zoning Review Nears Final Phase“; “Priorities Emerge in Downtown Zoning Review”; ”Downtown Zoning Review Moves Forward” and “Downtown Zoning Review to Wrap Up Soon.”

Downtown Zoning Recommendations: Planning Commission to Council

In general, the final recommendations made by the planning commission at its Dec. 3, 2013 meeting aim to create more of a buffer between downtown development and adjacent or nearby residential neighborhoods.

Three of the recommendations related to specific parcels: (1) Rezone the parcel located at 336 E. Ann from D1 (downtown core) to D2 (downtown interface); (2) Reduce the maximum height in the East Huron 1 Character District (on the north side of Huron, between Division and State) to 120 feet. Include a tower diagonal maximum and consider a step-back requirement to reduce the shading of residential properties to the north; (3) Rezone the parcel at 425 S. Main, at the southeast corner of Main and William, from D1 (downtown core) to D2 (downtown interface) and establish a maximum height of 60 feet for D2 zoning in the Main Street Character District.

Several other recommendations focused on the issue of “premiums” – certain features that a developer can provide in exchange for additional square footage. Those recommendations are: (1) Revise the premium conditions to require mandatory compliance with core design guidelines for a project to receive any premium in the D1 or D2 districts; (2) Reduce the residential premium with the goal of encouraging the use of other existing or proposed premiums to compensate for this reduction, such as increased energy efficiency certification, open space with landscape, active ground floor use, balconies and workforce housing; (3) Review options in D1 and D2 districts, with the housing and humans services advisory board (HHSAB), for providing additional affordable housing within mixed income projects or through other funding mechanisms; (4) Eliminate the affordable housing 900% FAR (floor area ratio) “super premium”; and (5) Evaluate the downtown real estate market to determine the effectiveness of premium incentives every 2-5 years.

Prior to the meeting, Sabra Briere (Ward 1) distributed amendments that she intended to bring forward. [.pdf of Briere's possible amendments to the downtown zoning resolution]

At its Jan. 21 meeting, the council considered a resolution that accepted the recommendations as completing the planning commission’s assignment. The resolution further directed the planning commission to translate its recommendations into proposed ordinance language, which would require review and a public hearing. The specific ordinance language would then be recommended by the planning commission to the city council, which would make the ultimate decision after a public hearing.

Downtown Zoning Recommendations: Public Hearing

Peter Nagourney led off the public hearing.

Sabra Briere (Ward 1) spoke with Doug Kelbaugh before the start of the council meeting.

He supported the work of consultant Erin Perdu. He called the master plan “the constitution” and the zoning ordinance “the law” – a sentiment he attributed to resident Tom Whitaker. In some cases, the consultant’s recommendations went beyond the council’s direction, he noted, but that was in order to achieve overall consistency.

Doug Kelbaugh, former dean of the University of Michigan’s Taubman College of Architecture and Urban Planning, was next to address the council. He said the fallout from 413 E. Huron had resulted in a productive process.

Going from 180 feet to 60 feet (D1 to D2) is too abrupt, he said. Kelbaugh asked that the rest of Ann Street also be considered as part of the zoning review. He alluded to Briere’s possible amendment as addressing the Ann Street concerns. He told the council that the recommendations in front of the council are supported by many people.

Tamara Burns, an architect and chair of the city’s design review board, told the council that the board does not support tying the award of premiums to compliance with the recommendations of the design review board. The design guidelines need to be revised and the process for the design review needs to be updated, she said – before making premium FAR (floor area ratio) contingent on design review board recommendations.

Steve Kaplan said that in recent history, his observation was that having design guidelines is a great start, but it’s easy to ignore them. He asked that some attention is given to how much teeth the guidelines can have – so that people follow them in the future.

From left: Eleanor Linn, Chris Crockett and Ray Detter.

Chris Crockett thanked the council for providing the direction to re-evaluate the downtown zoning. She said there are some changes to the recommendations that she would suggest. She wanted consideration of zoning changes all the way to Fourth Avenue on Ann Street. She called 413 E. Huron a sad experience because of a misapplication of character areas. Crockett said she has respect for Tamara Burns, saying she’s known Burns since Burns was in high school. But Crockett ventured that there could be some way to put some additional teeth into the design guidelines.

Hugh Sonk spoke representing the Sloan Plaza Condominium Association. Sloan Plaza is located on the north side of East Huron, next to the 413 E. Huron development. He called on the council to support the additional recommendations made by the near downtown neighborhood group. [.pdf of Near-Downtown Neighborhood Group letter]

Piotr Michalowski said he’s very concerned about the corner of Main and William. He asked the council to support the current recommendation to rezone that parcel as D2. He noted that residents of the neighborhood have already been “burned” once with a project he said he would not name. [He was referring to City Place, on South Fifth Avenue south of William.] He asked the council to maintain the transition between residential areas and Main Street.

Cy Hufano, a resident of Sloan Plaza, spoke next. On the technical side, he addressed the second recommendation – for the D1.5 zoning proposal, which includes a height limit of 120 feet, and the use of diagonals.

Cy Hufano.

As far as the process goes, Hufano felt there were a lot of loose ends. He cautioned against making decisions based on the threat of lawsuits. He said he was speaking from the heart. He visited the Library of Congress in Washington D.C. and looked at a mural. There was a figure holding a halter, he said: “People have got to watch what government is doing.”

When Ray Detter addressed the council, he essentially reprised the same comments that he delivered at the Jan. 8, 2014 meeting of the Ann Arbor Downtown Development Authority board. He agreed with Hufano’s comments.

Eppie Potts strongly urged support for the resolution to start the process of much-needed amendments. D1 and D2 have been tried, but found to be controversial, she said. To avoid future controversy, additional revision is needed. She cited problems with overlay districts. She gave The Varsity on East Washington as an example of a problem with front setbacks. She asked the council to keep the door open to reviewing other troublesome aspects of D1 and D2.

Eleanor Linn introduced herself as a resident of Forest Court, near Zaragon and the Landmark apartment buildings in the South University neighborhood. She ventured that another large building will be built on Church Street, depending on the council’s action later that night. [The council later approved the 624 Church St. project.] She supported the possible amendments to be offered by Briere – which would direct the planning commission also to consider revisions to zoning in the South University area. Linn recalled intricate details of the history of past planning exercises.

David Blanchard introduced himself as chair of the city’s housing and human services advisory board (HHSAB). He said he wanted to keep the idea of affordable housing alive, with a diversity of housing choices for different income levels. He remembered the PUD (planned unit development) system where cash-in-lieu of affordable housing units could be contributed. He also noted that the current zoning has a “super-premium” for building affordable housing. The current recommendation is to remove that premium, because that premium wasn’t being used. That might be the right recommendation, he allowed, but he wasn’t sure enough thought had gone into it. He urged the planning commission to work with HHSAB to make affordable housing a reality in Ann Arbor.

Downtown Zoning Review: Council Deliberations – Briere Amendments

Sabra Briere (Ward 1), who represents the city council on the planning commission, said that the commission had discussed all the communications that had been described during the public hearing. The public had asked the planning commission to expand its scope of consideration, but the planning commission had decided to confine its recommendations to the council’s specific direction.

Briere then offered her amendments. In addition to the direction already given in the original resolution, her amendments directed the planning commission to: (1) consider rezoning Huron Street from Division to Fourth Avenue to conform with the East Huron 1 character district (which has a height limit of 150 feet instead of a 180-foot limit like other D1 areas); (2) consider whether other D1-zoned areas that do not have buffering from adjacent residential neighborhoods, including some areas of South University and Thayer Street, should be rezoned to D2.

Briere’s amendments added a date certain by which the planning commission is to report to the council on all its work on this issue: Oct. 20, 2014, which is the council’s second meeting that month. [.pdf of amendments to the downtown zoning resolution put forward Briere]

Jane Lumm (Ward 2) asked Briere if she’d be willing to add setback language to the amendments so that 25-foot minimum side setbacks and 10-foot front setbacks would be included for the East Huron 1 character district. Briere said she tried to not constrain the planning commission. So she had not suggested any side setbacks in her amendments. She didn’t think front setbacks of 10 feet would benefit all of Huron Street. Briere wanted further discussion before accepting Lumm’s suggestions as friendly.

Margie Teall (Ward 4) wanted to know if Briere would be willing to add Ann Street between Fourth and Fifth as an area for additional consideration. That suggestion was added in a friendly way.

Lumm then phrased her suggestion on setbacks in terms of “considering” changes to the setbacks, which was added to the set of amendments.

Christopher Taylor (Ward 3) said he wanted to “chat” about the reference to Thayer in the amendments offered by Briere. He didn’t think there’s residential in that area that needs buffering. But he thought there needs sight-scape buffering to Hill Auditorium, so he’d support the reference to Thayer.

Outcome: Briere’s amendments were approved.

Downtown Zoning Review: Council Deliberations – Taylor Amendment

Christopher Taylor (Ward 3) said there’s been a lot of good and solid work done on this by the planning commission and the public. He said he hopes that the recommendation on residential premiums means that it’s a reduction in the size of the units – as that would speak to the kind of housing that “millennials” are looking for. He said that the recommendation at the corner of Main and William had been a swift change from the consultant’s initial recommendation. So he wanted to keep an eye on that.

Taylor then offered a specific amendment on the recommendation about the design review board’s role. He said the city needs modest and smart growth. His amendment indicated that the revisions to the design review board process should have the support of the design review board. [That was a reaction to the public hearing comments by design review board chair Tamara Burns, who said that as things currently stand, the design review board did not want to be the arbiter of the award of premium FAR (floor area ratio).]

The phrasing of Taylor’s amendment was to highlight the recommendation on making adherence to core design principles mandatory [numbered (4) in the resolution] by exempting it from the resolution’s general direction to the planning commission to implement the changes.

Briere noted that when Taylor said “save (4)” many people understood it as “save for.” So wordsmithing ensued to ensure Taylor’s amendment did escape the Oct. 20, 2014 deadline.

Mayor John Hieftje said the design review board had all along not wanted to have mandatory compliance. So he appreciated Taylor’s amendment.

Planning manager Wendy Rampson said (4) had originally been drafted to say that there would be mandatory compliance. The planning commission had revised the wording to emphasize there should be a focus on the core design guidelines and improving the process, without making the design review board the gatekeeper to the premiums. About Taylor’s amendment, which Rampson said she was seeing for the first time, she concluded that “it looks fine.”

Stephen Kunselman (Ward 3) asked Rampson who the gatekeepers to the premiums would be – the planning commission? Rampson responded to Kunselman by saying that the planning commission had discussed various possibilities. Commissioners were reluctant to make compliance mandatory. They wanted the ability to look at each site as unique. Kunselman ventured that the final arbiter would be the council. Rampson suggested that two paths for a project review could be maintained, for site plan and for design review.

Sally Petersen (Ward 2) asked Rampson to comment on the design review board process and the city’s participation in the state’s Redevelopment Ready Communities program. Would the DRB process prevent Redevelopment Ready certification? Rampson said the main thing with the program is that “we have to be clear” so that a developer knows what to expect.

Jack Eaton (Ward 4) talked about the idea that the council would be making the judgment about how close a developer had come to meeting the recommendations of the design review board: Is that approach workable? Rampson indicated that the approach works in other communities.

Mike Anglin (Ward 5) said that some developers find out what the neighbors want and build that – while others don’t, and get pushback.

Anglin asked about setbacks. Rampson explained that the idea is that the setbacks allow for some flexibility, but the building should continue a pattern if there’s an existing pattern of buildings set forward on a particular street. The goal was not to crowd the sidewalk, Rampson said.

Lumm asked for confirmation about what the planning commission and design review board will be doing. Rampson indicated that she thought those two groups will be able to chart out a path to work together. Rampson noted that the DRB is not always consistent in its comments – with different members offering different perspectives. So the DRB is looking for a preliminary meeting, with more informal commentary, followed by a more formal process.

Hieftje said he’d always supported mandatory compliance, but he thought the amendment Taylor had offered is very thoughtful.

Outcome: Taylor’s amendment was approved.

Downtown Zoning Review: Council Deliberations – Amended Resolution

When the council had finished its amendment process and focused on the main question, Kunselman said he’d support the resolution. He noted that mandatory compliance can’t be required on a basic project, but it can be required for premiums. He noted that he’d been the only councilmember who’d voted against the A2D2 zoning. He had preferred the previous zoning, which was more of a “mosaic,” he said. He echoed the remarks of Eleanor Linn, who’d described during the public hearing how the “density chips” in the Calthorpe planning exercise were dumped on South U: “They definitely were,” he said.

When the zoning was changed in the South University area before A2D2, the council had not been told about the possibility of parcel combinations, Kunselman said. He added that the current revisions are implementing corrections to the previous policies and the “lust to build more and more housing.”

Briere said she’d support the resolution and she’d try to influence the outcome on the planning commission based on what she’d heard at the council’s meeting.

From left: Chuck Warpehoski (Ward 5) and Stephen Kunselman (Ward 3).

Chuck Warpehoski (Ward 5) said he’d support the resolution – especially because of the deadline that Briere had added. He hoped that the pieces that are clear can be covered quickly, and that not everything will be held up in order that everything is done before anything is done. He was glad the process took a look at the southeast corner of William and Main. He said he’d trust the process, adding that the corner of Main and Packard is not a place for D1 zoning.

Lumm said she’d support the resolution. She ticked through a list of people she wanted to thank. She called the report and recommendations thorough and clear. The recommendations help address the flaws in the A2D2 zoning that manifested themselves in the 413 E. Huron project, she said.

Sumi Kailasapathy (Ward 1) said was glad the council was moving forward with this. She’d attended some of the public outreach meetings. What was said at the meetings was reflected in the report, she said. The council’s work session last week [on economic development] gave her pause, she said. She wants to keep Ann Arbor’s housing stock diverse and affordable.

Outcome: The council voted unanimously to approve the recommendations, with amendments, to the planning commission for changes to the downtown zoning.

State Street Zoning Request

The council considered initial approval for the zoning of two properties on South State Street – 1643 and 1645 S. State. The zoning designation would be C1 (local business district). One of those properties houses Biercamp Artisan Sausage and Jerky.

The unzoned parcels – located in Ward 4 just south of Stimson and the Produce Station – are owned by Stefan Hofmann. The site at 1645 S. State is used for storage. In addition to housing Biercamp, the parcel at 1643 S. State also includes an auto repair shop and furniture manufacturer, which is primarily a woodworking shop.

The zoning for these parcels, which were annexed into the city from Ann Arbor township in 2011, has previously been considered by the planning commission. That was when Biercamp owners Walt Hansen and Hannah Cheadle wanted to zone the property C3 (fringe commercial district), so their business could sell a wider variety of merchandise, including products not made on site.

When the property was annexed into the city from the township, the site had been zoned by the township for light industrial. The closest equivalent in the city’s zoning code was M1 (limited industrial zoning). The city’s master plan – prior to the adoption of the South State Street corridor plan – called for light industrial zoning in that area, but M1 zoning would only allow for retail space to occupy 20% of the building’s floor area, to sell products made on-site.

At its Sept. 8, 2011 meeting, the planning commission unanimously recommended denial of that C3 zoning request, based on the proposed zoning being inconsistent with the city’s master plan. The request was then made directly to the city council, which also denied the request at a meeting on Feb. 21, 2012.

At the time, planning commissioners also were advocating for a broader study of the State Street corridor. That study was subsequently completed, and on July 15, 2013, the city council adopted the South State Street corridor plan as an amendment to the master plan’s land use element.

According to a staff memo, the adoption of the corridor plan into the city’s master plan prompted city planning staff to initiate the current zoning request. The C1 zoning is consistent with recommendations in the master plan, which calls for a mixed-use neighborhood retail center in that area to serve the Yost and Burns Park neighborhoods.

C1 is a more restrictive type of zoning than C3, primarily related to limits on the size of a business. No drive-thru restaurants are allowed in C1 districts, and there’s an 8,000-square-foot limit on the size of a business, for example. There is no restriction in either C1 or C3 that limits the products sold to those that are made on-site.

The city’s planning commission recommended C1 zoning for these parcels at its Dec. 17, 2013 meeting.

State Street Zoning Request: Council Deliberations

Chuck Warpehoski (Ward 5) noted that the staff memo gave the historical perspective on the Biercamp zoning request, but he wasn’t sure if the current proposal met Biercamp’s needs. He said that it gave him the chance to visit the business to get some jerky and to get a growler so that Sally Petersen (Ward 2) was clear about what a growler is. He lifted a growler onto the table, prompting Petersen to ask if it was a gift. [Petersen had previously asked at a council meeting what a growler is. That was the Dec. 17, 2012 meeting, when the council approved a micro-brewery license for Biercamp.]

Warpehoski reported, based on his visit, that the Biercamp owners are supportive of the C1 zoning.

Outcome: The council voted unanimously to give initial approval to the zoning of 1643 and 1645 S. State. It will need a second vote at a subsequent meeting.

Edwards Brothers Land

On the council’s agenda was approval of a $25,550 contract with Atwell LLC for environmental site assessment services to evaluate 2500 S. State St. That’s the Edwards Brothers Malloy property for which the council is currently exploring options to purchase.

At its Jan. 6, 2014 meeting, the council directed the city administrator and the city attorney to explore options and gather information. So the site assessment by Atwell is part of that effort. The council is working within a 60-business-day window that began Nov. 27, 2013.

By way of background, the pending sale of the property to UM was announced in a Nov. 27, 2013 press release. The business – a fourth-generation Ann Arbor publishing and printing firm – had signaled its intent to put the property on the market in late July.

The city’s right of first refusal on the property was a condition of a tax abatement granted by the city council almost three years ago, on Jan. 18, 2011. Purchase by the university would remove the property from the tax rolls. Washtenaw County records show the taxable value of the property at just over $3 million.

According to the tax abatement agreement, the event triggering the city’s 60-day right-of-first-refusal window is a formal notification to the city by Edwards Brothers, which was made on Nov. 27, 2013.

Discussion at the city council’s Sunday night caucus on Jan. 19 indicated that conversations could be taking place between city officials and the university about UM’s needs and how the Edwards Brothers property meets those needs – with an eye toward the possibility of the city and the university arriving at a mutually agreeable outcome where the city acquired only a portion of the property.

Caucus discussion also indicated that talks are taking place between the city and developers who might have an interest in purchasing the property from the city. One obstacle in those conversations is the fact that the university could still eventually exercise its right of eminent domain to acquire the property from a developer, even after purchasing it from the city. But that would require convincing a court that the expansion of the university’s athletic campus at that location would be in the public interest.

Outcome: The council voted without discussion to approve the contract with Atwell to do a site assessment of the Edwards Brothers property. The council held another closed session on land acquisition at the end of the meeting, which lasted about 40 minutes.

Public Art Administrator Contract

The council considered an extension of the contract with the city’s public art administrator, Aaron Seagraves, by six months – through June 30, 2014 – and to add $18,500 to his compensation to cover the added term. A total of $20,500 was to be appropriated from the balance in the public art fund, with the additional money to cover various expenses. Seagraves is contracted to work an average of 20 hours a week.

By way of background, the city council enacted a public art ordinance in late 2007, setting up a Percent for Art program as a funding mechanism. For each of the city’s capital projects, 1% of the budget – up to a cap of $250,000 – was set aside for public art. The Ann Arbor public art commission oversaw the expenditures. However, the approach proved controversial and the city council changed the ordinance to eliminate the Percent for Art funding mechanism at its June 3, 2013 meeting. That ordinance change came after a failed public art millage that was put before voters in the November 2012 election.

Mayor John Hieftje.

Under the new approach, city staff will work to determine whether a specific capital improvement should have enhanced design features “baked in” to the project – either enhanced architectural work or specific public art. The funding for any of the enhanced features would be included in the project’s budget and incorporated into the RFP (request for proposals) process for the capital project.

The funds accrued to the public art fund during the time of the Percent for Art program are still subject to the same legal constraints – which require a thematic link between the original source of the funds (e.g., the street millage) and the piece of art to be funded. The council debate at its June 3, 2013 meeting included wrangling about what to do with that fund balance, with Jane Lumm (Ward 2) arguing unsuccessfully that $845,029 should be returned to the funds of origin. The council voted to return only the money that had accrued to the fund in the most recent budget year – $326,464.

A budget summary provided by Seagraves in response to a Chronicle email shows a current balance of $839,507 in available funds for public art, as of Jan. 14, 2014. An additional $535,853 is earmarked for three projects that are underway: artwork at East Stadium bridges ($385,709), a rain garden at Kingsley and First ($7,009), and at Argo Cascades ($143,134). [.pdf of financial summary]

Public Art Administrator Contract: Public Commentary

Bob Miller, chair of the Ann Arbor public art commission, spoke to the council during public commentary at the start of the meeting. The art commission has followed the direction of the city council since the change to the ordinance last year, he reported. He gave a summary of the projects that are currently in the works. The commission looks forward to achieving the goals set by the council, he told councilmembers.

Public Art Administrator Contract: Council Deliberations

Jack Eaton (Ward 4) led off deliberations by saying he couldn’t support continuing to spend funds that were accumulated under the former Percent for Art program. [As a budget amendment, the item needed eight votes to pass on the 11-member council. So if the council had voted on the issue instead of postponing, there was a credible possibility that it would have failed.]

Jack Eaton (Ward 4).

Sumi Kailasapathy (Ward 1) said the money in the public art fund balances should be returned to the funds of origin. Jane Lumm (Ward 2) noted that she’s previously said she wouldn’t support continued spending of public art money. Her resolution to return about $800,000 to the funds of origin had failed several months ago. She said a “clean break” should be made between the current program and the old program.

[At the council's June 3, 2013 meeting, the council eliminated the Percent for Art program from the ordinance, and revised the ordinance in a way that allowed the return of money to its funds of origin – but just for money accumulated in the public art fund for the FY 2014 budget year. And the council voted at the same June 3 meeting to return that money, which amounted to $326,464. But a bid by Lumm to revise the ordinance to allow the return to its funds-of-origin money accumulated in previous years did not win majority support on the council.]

By the end of 2013, Lumm said, the council was supposed to have a description of the new program. Based on Ann Arbor public art commission chair Bob Miller’s remarks that night, Lumm said it didn’t appear that has happened.

On the question of the contract extension, mayor John Hieftje said that pretty much nothing happens without a staff member. A lot of citizens have put in a lot of time on a lot of projects that are in the works, he said. He asked Miller if any of the projects could go forward without an art administrator. Miller’s answer: No. Without an art administrator, the public art commission couldn’t function, he said.

Sally Petersen (Ward 2) said she thought that money from the streets millage should be returned to that fund. But she saw the need for a public art administrator. This should be the last extension of his contract, she said. After this, part of the public art administrator’s job is supposed to include raising private funds.

Sabra Briere (Ward 1) tried to get an estimate from public services area administrator Craig Hupy of the likelihood of having a private funding mechanism in place by June. Hupy, who supervises Seagraves, described a model where a nonprofit would be formed outside of the city. He ventured that the wastewater treatment facility art project, currently in the planning stages, would have 50% private support.

Briere said that the idea of leaving the money in the public art fund was to use some of that as a “bridge” to the new model. She was concerned about how long that might take. She said she thinks an administrator is needed for the next few months, but she didn’t want to see the contract extension for much longer.

Stephen Kunselman (Ward 3) asked questions about the projects in the works. Hupy said that the East Stadium bridges artwork had run into some issues with the sustainability of the materials and some modifications had been made. That would come back to the public for review.

Kunselman said he’d made a commitment to following through on the transition. But at some point, he allowed, the council has to pull the plug. He felt that the projects left over from the Percent for Art program were a drag on the ability of the city to transition to the new program. Kunselman said it’s also unfair to Seagraves to be subjected to a contract renewal every six months.

Eaton suggested a postponement on the contract extension, and that it be brought back with a simultaneous proposal to revise the ordinance to allow the return of money to the funds of origin. Kunselman said if all the money is put back, you can’t pay for the art currently in the works.

Hieftje got clarification about Eaton’s intent – which was to provide enough money to fund an administrator, but to return the other public art money to the funds of origin.

Eaton’s motion to postpone nearly failed for lack of a second. But Briere offered the seconding motion.

Briere pointed out that an ordinance can’t be changed in one meeting – because it requires a first and second reading. Hieftje responded to Briere’s point by saying a resolution could be introduced at the council’s next meeting to direct the preparation of ordinance language. Kunselman asked what the ordinance amendment would do. Answer: It would allow the return of the money to the funds of origin for previous years.

Chuck Warpehoski (Ward 5) ventured that the compromise he was hearing Eaton offer was to take the amorphous wind-down time period of the old public art program and give it some additional structure. Petersen said she didn’t think the vote that night needed to be postponed.

Eaton clarified, saying that he wanted a quid pro quo – his vote in support of the contract extension in exchange for a commitment to return the unassigned money in the public art fund to the funds of origin.

Margie Teall (Ward 4) was not willing to make the deal Eaton was proposing. She said there had not been an agreement to end the public art program, but rather to transition to a new approach. She was disappointed that no nonprofit has yet been found to take the lead on the private funding component. She said she’d support the contract extension that night.

Kunselman said he’d support the postponement because it continues the dialogue and gives Eaton some time. He appreciated Teall’s sentiments, but said there are other areas of the city that have needs. He compared providing parking for wealthy students in the public parking structure – a reference to debate earlier in the evening over parking permits for 624 Church St. – with a tent out on Stone School Road where people are trying to keep warm.

Hieftje responded to Kunselman by saying there’s not a single dollar in the public art fund that could be used for human services.

Mike Anglin (Ward 5) said that art projects that people can actually see would have a positive impact. He indicated support for the postponement.

Outcome: The council voted to postpone extending Seagraves’ contract as public art administrator. Sole dissent came from Teall.

Sidewalks

Two items involving construction of new sidewalks – at two specific locations – appeared on the council’s Jan. 21 agenda.

Sidewalks: Waldenwood – Background

By way of background, at its Aug. 8, 2013 meeting, the city council had approved a $10,000 design budget for a sidewalk to fill in a gap from the northeast corner of Penberton Court and Waldenwood northward, connecting to a path leading the rest of the way to the King Elementary School.

Waldenwood sidewalk gap. Green indicates existing sidewalks. Red indicates a sidewalk gap. Blue stars indicate signers of a petition in support of the sidewalk.

In its form, that resolution was similar to other sidewalk design budgets the council approved last year. [For example, the council approved similar design budgets for a sidewalk on Barton Drive at its July 15, 2013 meeting, a sidewalk on Newport Road at its Jan. 22, 2013 meeting, and for a sidewalk on Scio Church Road at its Nov. 19, 2012 meeting.]

However, the sidewalk gap near King Elementary School includes a history of advocacy by nearby resident and former Ann Arbor Public Schools board member Kathy Griswold dating back to 2009.

For students crossing Waldenwood from the west to attend school, the new 186-foot sidewalk would allow them to make the crossing at the intersection, where there is a four-way stop – instead of crossing the street using a mid-block crosswalk.

According to the staff memo accompanying the resolution, “The Ann Arbor Public Schools (AAPS) Transportation Safety Committee has agreed the use of a new crosswalk at this stop controlled location would be preferable over the existing mid-block crossing at the school entrance.”

Sally Petersen (Ward 2) spoke with Michael van Nieuwstadt before the meeting started.

From the fall of 2009 through the spring of 2010, Griswold addressed the council on at least nine occasions on the topic of the King Elementary School crosswalk and the related sidewalk gap. The construction of a sidewalk had been met with opposition by the immediately adjoining property owners. And the more recent feedback, reflected in the staff memo for the Jan. 21 meeting, indicates that an Oct. 3, 2013 neighborhood meeting attended by 22 people resulted in 15 feedback forms, 10 of which indicated support and 5 of which indicated opposition. [.pdf of letter from the van Nieuwstadts and Weismans]

The funding of new sidewalks – as contrasted with repair of existing sidewalks – is typically achieved at least partly through a special assessment on adjoining property owners. Sidewalk repair, but not new construction, can be paid for with the city’s sidewalk repair millage.

In the case of the Waldenwood sidewalk, it’s located to the rear of the residential properties – and the city does not typically special assess properties to finance sidewalks to the rear of a property.

Only a small amount of the originally approved $10,000 design budget was spent. To cover the $16,000 construction cost, an additional $6,818 of general fund money was requested at the Jan. 21 meeting.

Sidewalks: Waldenwood – Public Commentary

Michael van Nieuwstadt is an owner of property adjacent to the proposed sidewalk near King Elementary School. He asked for clarification about the nature of the agenda item: Did it involve moving the crosswalk as well as construction of the sidewalk? Sabra Briere (Ward 1) departed from the typical city council practice of not responding at all to public speakers, explaining to van Nieuwstadt that it’s just about construction of the sidewalk. He said he’s been asking for a safety report for the last four weeks, and he’d learned that one had been produced just earlier in the day. He wanted some time to look at the report. He described the sidewalk connection as connecting two pieces of “nowhere.” He asked for some additional time for the neighborhood to gather its thoughts.

Kathryn Dacosta also addressed the issue of the sidewalk extension near King School.

Kathryn DaCosta returned to the podium after providing the city clerk with copies of a photograph she had described during her public commentary.

She walks her kids to school every day, so she’s on the front lines of the issue, she said. Before the 2011-12 school year there was no crossing guard. It’s a difficult situation and it’s very unsafe, she said.

Drivers are distracted by saying goodbye or looking for their kids. They’re not watching for kids doing unexpected things. Drivers are committing traffic infractions, she contended. She reported that Sally Petersen (Ward 2) had visited the site that morning. Dacosta said there have been three traffic accidents in the last year.

There’s gridlock, she said, causing angry drivers. Drivers are also on their cell phones. People also park on the side of the street where the extension is proposed. She took a photo to illustrate the situation, which she handed to the city clerk. It showed parents with their children walking in the street.

Sidewalks: Waldenwood – Council Deliberations

Sally Petersen (Ward 2) said she had the same impression as the speaker during public commentary – that the resolution dealt also with the location of the crosswalk. But the crosswalk location was not a part of the resolution. She proposed an amendment to make that clear.

Jane Lumm (Ward 2) added that in the many conversations about the sidewalk, concerns had been raised about previous studies. She referred to a Jan. 21 email from Ann Arbor Public Schools director of ancillary services Brad Mellor, saying that the transportation safety committee agreed that the issue of the sidewalk construction adjacent to the school needs to be resolved, and would not benefit from further analysis or additional delay. [.pdf of email from Mellor]

Lumm said she thought that a sidewalk would provide a good location for kids to be dropped off.

Outcome: The council approved the amendment proposed by Petersen, which stated “Resolved, That such approval does not confer agreement to relocate the existing mid-block crosswalk;”

Petersen then wanted to know how a decision would be made to change the location of the crosswalk, if it were changed. Pat Cawley, a project manager for the city, explained the process to go through moving a crosswalk in the future.

Petersen then wanted to make sure that the King Elementary School families would have an opportunity to provide feedback on a change to a crosswalk location.

Lumm thought all the issues that had previously been raised had been addressed. Lumm inquired about the feedback form from a previous meeting and how it was distributed.

Outcome: The council voted to approve the Waldenwood sidewalk construction budget.

Sidewalks: Pontiac Trail

In separate sidewalk-related item, the council considered taking the first of four steps in the process to impose a special assessment on property owners for a sidewalk on the east side of Pontiac Trail, between Skydale and Dhu Varren Road. The project would also construct a concrete curb and gutter northward from Skydale about 920 feet along the east side of Pontiac Trail and about 1,030 feet along the west side of Pontiac Trail. Those stretches currently don’t have a curb and gutter.

This first step directed the city administrator to prepare plans, specifications and a cost estimate.

Sidewalks: Pontiac Trail – Council Deliberations

Sabra Briere (Ward 1) led off the discussion by explaining why the sidewalk is only on one side: It’s not anticipated that there will be demand. If the property owners on the other side, in the township, are annexed into the city, a sidewalk on that side might be added, she said.

Stephen Kunselman (Ward 3) asked if the city was going to be contributing some percent of the cost. Craig Hupy, the city’s public services area administrator, said there’s no federal or state dollars involved. Kunselman responded by saying he wanted to amend the resolution. He wanted 80% of the cost to be borne by the city. He was comparing the way the city approached special assessments for some projects in the city when there were federal or state funds available. He didn’t think it was OK to sometimes provide a portion of the cost and sometimes not – for other projects that are special-assessed.

Chuck Warpehoski (Ward 5) asked for an explanation from Hupy about other projects. Hupy explained that for some other projects, state or federal funding is available. The federal or state portion is typically 80% of the project cost. Warpehoski ventured that Kunselman’s amendment would establish a new precedent of the city providing funding.

Nick Hutchinson, a project manager for the city, clarified that there would be eight property owners affected by the special assessment for the Pontiac Trail sidewalk.

Mayor John Hieftje agreed with Warpehoski that it would not set a good precedent as a way to fill sidewalk gaps, to commit city funds to it.

Kunselman asked for an estimate of the cost. Hutchinson ventured that it’d be $45,000 for 920 feet. Kunselman stressed that it’s the first step in the special assessment process and doesn’t commit the city to anything. The issue is to let the people know that the city is thinking about them. He said that Pontiac Trail should have federal dollars available and he thought that the city should wait until federal funds are available.

Hutchinson confirmed that the federal surface transportation program is for major streets and Pontiac is a major street, so it’s eligible. But Hutchinson said it would be at least 2018 before federal money might be available.

Kunselman called it an issue of fairness – because Ward 3 residents with a project on Stone School Road would have their project funded with federal monies, but Pontiac Trail wouldn’t. What he was proposing is to resolve the fairness issue with city dollars.

Jane Lumm (Ward 2) joined Hieftje and Warpehoski in expressing a concern about setting a precedent. Hieftje spoke again to the issue of fairness by saying that special assessment is the standard way to finance sidewalk construction and always has been.

Briere said her immediate reaction to Kunselman’s amendment was to be intrigued by it. It seems to indicate a commitment by the council to filling sidewalk gaps. But Briere said that if the council determines the fallback position is that the city would pay 80%, then she fears that very few sidewalk gaps would be filled. Briere noted that she would be attending a meeting the following night with property owners on Newport Road who actually want to pay for construction of a new sidewalk.

Kunselman observed that Chapter 13 of the city code, governing special assessment, has been on the books for a long time but sidewalks gaps have persisted. Any neighborhood that doesn’t have sidewalks will have this process applied, he contended. Kunselman continued by saying the city needs to show some empathy for taxpayers instead of just saying that the city is going to assess them for a sidewalk.

Outcome on Kunselman’s amendment: It failed with support from only Eaton, Kunselman and Anglin.

Outcome: The council has voted to direct the city administrator to prepare plans, specifications and a cost estimate for the Pontiac Trail sidewalk project.

Liquor: Lunch Room, Silvio’s

The council considered two liquor-license related items. First, the council considered recommending that the Michigan Liquor Control Commission approve a special downtown development liquor license for The Lunch Room at 407 N. Fifth Avenue. That category of license was made available by the Michigan legislature in 2006 for cities that established districts where such licenses would be granted. The requirements include investment in the rehabilitation of the building that houses the establishment seeking the license, and a determination that the recipient of the license be recommended “above all others.”

And the council considered approving a change in the classification of Silvio’s Organic Pizza license from a Tavern License to a Class C License. A key difference between a Class C License and a Tavern License is that a Class C allows the sale and consumption of not just beer and wine, but also liquor. Silvio’s is located at 715 N. University Ave.

Liquor: Council Deliberations

For both liquor license items, Jane Lumm (Ward 2) reviewed the details of the requirements. She also thanked the various staff involved, including the clerk’s office, fire department, police department, and city attorney’s office. “They do great work,” she said.

Lumm serves on the council’s liquor license review committee, along with Mike Anglin (Ward 5) and Sumi Kailasapathy (Ward 1).

Outcome: On separate votes, the council recommended approval of a downtown development district liquor license for The Lunch Room and the change in category from Tavern to Class C license for Silvio’s Organic Pizza.

Communications and Comment

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

Comm/Comm: Fracking

During public commentary reserved time at the start of the meeting, Kurt Gleichman told the council that there’s urgency to implement anti-fracking ordinances. Coalition groups have worked on raising awareness, he said. Corporations don’t have a conscience, he said, and they have huge resources to influence legislators and persuade the public. Those in power take the easy way out, he said. Because of a lack of action by those in authority, the people have to take it into their own hands, he added. Gleichman alluded to a trial that’s starting next Monday in connection with a civil disobedience action against fracking. He asked the council to make this a priority.

Leon Bryson introduced himself as a Ward 5 resident. He called for a local ordinance against fracking. He said he recently attended a meeting with state Rep. Gretchen Driskell on the topic. He said some of the people who attended the meeting had been approached by companies who wanted to buy their mineral rights. He’s concerned that horizontal drilling from locations outside the city could come close to his own house.

Chuck Warpehoski (Ward 5).

Bryson alluded to the Elk River chemical spill in West Virginia that contaminated the drinking water. “We can take the lead in Ann Arbor” to ban fracking, he said. He alluded to the leadership of Ann Arbor on the pedestrian ordinance, and called on the Ann Arbor city council to show similar leadership on the fracking issue.

During council communications time following public commentary, Chuck Warpehoski (Ward 5) noted that fracking is already banned by the city’s prohibition of any extraction of minerals within the city limits.

But he allowed that there could be loopholes – and said that the city is working to address those.

Ann Arbor is already leading on this issue, Warpehoski said. He pointed out that Ann Arbor, as a home rule city, can ban mineral extraction, but townships surrounding Ann Arbor can’t.

From the city code:

Chapter 56: Prohibited Land Uses
…
5:116. Oil and gas wells
The locating, sinking, drilling, casing, deepening or operating of oil wells, gas wells, and oil and gas wells and test holes for the location of natural crude oil or natural dry gas, or both, in the City of Ann Arbor is hereby prohibited.

Comm/Comm: Green Baxter Court Fire

Sally Petersen (Ward 2) gave an update on what’s being done for former residents of the Green Baxter Court building that was destroyed by fire on Jan. 8. It’s an Ann Arbor housing commission property. Petersen said she and Jane Lumm (Ward 2) held a town hall meeting and were updated by Joan Doughty of Community Action Network. CAN runs a community center at Green Baxter, under contract with the city.

Lumm followed up on Petersen’s remarks on the Green Baxter Court fire. She told people to go to the Community Action Network website to find out how they can help.

Comm/Comm: Cold Weather

During his communications time at the start of the meeting, city administrator Steve Powers told the council that the cold weather has again caused the Delonis Shelter to go into emergency mode. The intoxication and behavior rules have been relaxed. He gave additional information about warm places where people could seek refuge, noting that much of it had been covered previously in an update at the council’s Jan. 6, 2014 meeting.

Powers also described how the extreme cold was beginning to reduce the effectiveness of salting the roads, but the city was salting and sanding known “problem intersections,” hills and curves.

Comm/Comm: Homelessness Advocacy

During council communications at the end of the meeting, Stephen Kunselman (Ward 3) also recognized advocates for the homeless community – Seth Best and Caleb Poirer, who were in attendance and stayed until the end of the meeting – for their cooperation. He said that they’d given assurances that the tent on Stone School Road would be taken down, because it’s not in conformance with city code.

Comm/Comm: Streetlights

During council communications at the end of the meeting, Stephen Kunselman (Ward 3) reported that streetlights on Packard have been repaired all the way from Jewett to Stone School, so he thanked DTE.

Present: Jane Lumm, Mike Anglin, Margie Teall, Sabra Briere, Sumi Kailasapathy, Sally Petersen, Stephen Kunselman, Jack Eaton, John Hieftje, Christopher Taylor, Chuck Warpehoski.

Next council meeting: Monday, Feb. 3, 2014 at 7 p.m. in the second-floor council chambers at 301 E. Huron. [Check Chronicle event listing to confirm date]

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The council’s actions came at its Jan. 21, 2014 meeting.

In more detail, the council voted to recommend that the Michigan Liquor Control Commission approve a special downtown development liquor license for The Lunch Room at 407 N. Fifth Avenue. That category of license was made available by the Michigan legislature in 2006 for cities that established districts where such licenses would be granted. The requirements include investment in the rehabilitation of the building that houses the establishment seeking the license, and a determination that the recipient of the license be recommended “above all others.”

The change in the classification of Silvio’s Organic Pizza license from a Tavern license to a Class C license means that Silvio’s will be able to serve hard alcohol. A key difference between a Class C license and a Tavern license is that a Class C license allows the sale and consumption of not just beer and wine, but also liquor. Silvio’s is located at 715 N. University Ave.

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

The Ann Arbor city council’s second regular meeting in January is shifted to the Tuesday following the national holiday honoring the birthday of Martin Luther King Jr. Highlights of the Jan. 21 meeting agenda include three items related to development in the city – one for a specific project downtown and two others related to zoning regulations.

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

The council will be asked to approve the site plan for a revised, expanded version of the 624 Church St. project, located in the block just south of South University Avenue. An earlier version of the project went through the planning review process about a year ago, with city council approval coming on March 4, 2013.

The revised plan is for a 14-story, 116,167-square-foot building with 123 units and about 230 bedrooms. The apartment building would stand adjacent to and over the existing two-story restaurant at 618 Church, and would extend to the southeast corner of Willard and Church, where the building’s entrance will be located. Existing buildings at 624 Church Street and 1117 Willard would be torn down. The city planning commission recommended approval of the revised plan at its Dec. 17, 2013 meeting.

Also on the Jan. 21 agenda are possible future changes to the city’s downtown zoning regulations. A public hearing on the matter will be held at the Jan. 21 meeting. Three of the recommendations relate to specific parcels: (1) Rezone the parcel located at 336 E. Ann from D1 (downtown core) to D2 (downtown interface); (2) Reduce the maximum height in the East Huron 1 Character District (on the north side of Huron, between Division and State) to 120 feet. Include a tower diagonal maximum and consider a step-back requirement to reduce the shading of residential properties to the north; (3) Rezone the parcel at 425 S. Main, at the southeast corner of Main and William, from D1 (downtown core) to D2 (downtown interface) and establish a maximum height of 60 feet for D2 zoning in the Main Street Character District. Several other recommendations focus on the issue of “premiums” – certain features that a developer can provide in exchange for additional square footage.

It’s likely that amendments will be brought forward during the Jan. 21 meeting that would alter the original resolution.

But the decision on the 624 Church St. project will come long before the zoning revisions could be enacted. And the changes – recommended by the city’s planning commission at its Dec. 3, 2013 meeting – are focused on parts of downtown Ann Arbor other than the South University area. The council’s Jan. 21 resolution, if approved, would direct the planning commission to translate its recommendations into proposed ordinance language, which would require review and a public hearing. The specific ordinance language would then be recommended by the planning commission to the city council, which would make the ultimate decision. In general, the planning commission’s downtown zoning recommendations aim to create more of a buffer between downtown development and adjacent or nearby residential neighborhoods.

Also its Jan. 21 meeting, the council will be asked to give initial approval for the zoning of two unzoned properties on South State Street – 1643 and 1645 S. State. They are proposed to be zoned C1 (local business district). One of those properties houses Biercamp Artisan Sausage and Jerky. The currently unzoned parcels – located in Ward 4 just south of Stimson and the Produce Station – are owned by Stefan Hofmann. The zoning for these parcels, which were annexed into the city from Ann Arbor township in 2011, has previously been considered by the planning commission.

In another item related to South State Street property, the council will be asked to approve a $25,550 contract with Atwell LLC for environmental site assessment services to evaluate 2500 S. State St. That’s the Edwards Brothers Malloy property for which the council is currently exploring options to purchase. The item was added to the agenda last Friday, after the initial publication of the agenda.

Also on the Jan. 21 agenda are two items related to construction of sidewalks. One resolution involves a sidewalk gap from the northeast corner of Penberton Court and Waldenwood northward – to connect to a path leading the rest of the way to King Elementary School. The council had already authorized $10,000 for the design and public process budget at its Aug. 8, 2013 meeting. A small amount of that was spent. To cover the $16,000 construction cost, an additional $6,818 of general fund money is being requested at the Jan. 21 meeting. The other sidewalk item is the first of four steps in the process to impose a special assessment on property owners for a sidewalk on the east side of Pontiac Trail, between Skydale and Dhu Varren Road.

The council will also be asked to extend the contract with the city’s public art administrator, Aaron Seagraves, by six months – through June 30, 2014 – and to add $18,500 to his compensation to cover the added term. It’s a part-time position.

Another agenda item is for a recommendation that the Michigan Liquor Control Commission approve a special downtown development liquor license for the Lunch Room at 407 N. Fifth Avenue. The council also will be asked to approve a change in the classification of Silvio’s Organic Pizza license from a Tavern License to a Class C License, to allow for the sale of liquor in addition to beer and wine. Silvio’s is located at 715 N. University Ave.

The council’s consent agenda includes two contracts related to the sobriety court, one of the 15th District Court’s specialty courts. The consent agenda also includes street closures in connection with three events: Winter Warriors, Shamrocks & Shenanigans, and the University of Michigan Big House 5K.

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 Tuesday 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.

624 Church St.

This project would be located south of South University Avenue in downtown Ann Arbor, next to and over the two-story Pizza House restaurant on the west side of Church. A previous version went through the planning review process and was given approval by the city council almost a year ago at its March 4, 2013 meeting.

The current, revised plan is for a 14-story, 116,167-square-foot building with 123 units and about 230 bedrooms. The apartment building would extend to the southeast corner of Willard and Church, where the building’s entrance will be located. Existing buildings at 624 Church Street and 1117 Willard would be torn down.

Rendering of 624 Church apartments, looking south from South University. Zaragon Place is pictured to the west, immediately next to the proposed 624 Church building. (Image included in the planning commission meeting packet.)

The original plan was for an 83,807-square-foot, 14-story building addition with 76 residential units. But after the original plan received site plan approval, the developer purchased an adjacent parcel at 1117 Willard to expand the project. The Tice family, which owns Pizza House, is partnering with Opus Group of Minnetonka, Minnesota, and 624 Partners LLC. When Pizza House expanded in 2006, the project included foundations that would allow for a taller building eventually to be constructed. [.pdf of site plan] [.pdf of draft development agreement] [.pdf of staff memo]

Premiums offered in the D1 zoning district – for buildings with residential uses, and LEED silver certification – are being used to allow a larger structure than would otherwise be permitted, gaining an additional 267% in floor area ratio for a total of 667% FAR. To use the residential premium, each bedroom must have a window directly to the outside.

The project includes a 1,491-square-foot outdoor dining area for Pizza House, which will be built underneath the apartment structure on the south side of the restaurant, opening onto Church Street. It will be partially enclosed, with large garage-style overhead doors along the front property line opening to the sidewalk.

Other features of the project and development agreement include:

• Two small offices for building management on the ground floor of the addition, with a solid waste/recycling room and bicycle parking room at the rear. There will be no new retail space.
• The top floor will include a small “club room” for residents and a rooftop patio with benches, a small grilling area, and garden trellis.
• The second floor will contain a fitness room, study lounge and five apartments. Other floors will have 11 apartments each. The apartments will be divided into: 23 one-bedroom (19%); 88 two-bedroom (72%); and 11 three-bedroom (9%). The units will range in size from 490 to 1,100 square feet.
• The developer will make a contribution of $47,120 to the city’s parks and recreation unit for improvements to the nearby Forest Plaza, adjacent to the Forest Avenue parking structure.
• The development agreement includes a requirement to disconnect 27 footing drains as part of the city’s footing drain disconnect program. That’s an increase from the 20 that were required for the previous version of the project.

The new version of this development was evaluated by the city’s design review board, which was generally supportive of the project. [.pdf of September 2013 DRB report]

The development requires 53 parking spaces under the city’s zoning. Five of those will be provided in spaces underneath the building. The previous proposal had no on-site parking. At its Nov. 6, 2013 meeting, the Ann Arbor Downtown Development Authority granted the owner the ability to buy a total of 48 monthly parking permits in the Forest Avenue parking structure, through the city’s contribution in lieu (CIL) program. That program requires the developer to pay 20% more than the standard rate for monthly parking permits. The DDA had already granted a request for 42 permits under the original version of the project.

At its Jan. 8 2014 meeting, the DDA board approved a request for the option to extend the monthly parking contracts for three five-year periods. Opus had wanted the ability to extend the contract’s 15-year commitment to instead cover a 30-year financing period – based on feedback from firms that would be providing the financing.

The previous development proposal had drawn concern from representatives of the adjacent Zaragon Place apartments, at 619 E. University. The concerns stemmed in part from the fact that under the previous plan, the new building would have been built up to the lot line next to Zaragon Place. The current proposal calls for a setback of 10 feet and 20 feet from that property line. According to planning staff, the city hasn’t received any feedback from adjacent property owners about this current proposal.

Downtown Zoning Recommendations

By way of background, a downtown zoning evaluation began last year, following a city council directive to the planning commission on April 1, 2o13. That direction was prompted in part by the controversial 413 E. Huron development, at the northeast corner of Huron and Division. The council’s direction was for the planning commission to make recommendations to the city council by Oct. 1, 2013.

Planning consultant ENP & Associates was hired to gather public input and evaluate certain aspects of downtown zoning known as A2D2 (Ann Arbor Discovering Downtown), which was adopted in 2009. ENP’s Erin Perdu took the lead on this project.

Her report had been originally presented at the commission’s Oct. 8, 2013 working session. [.pdf of consultant's downtown zoning report] [.pdf of Appendix A: city council resolution regarding zoning review] [.pdf Appendix B: list of downtown development projects since 2000] [.pdf of Appendix C: public input results]

Commissioners held a public hearing on the consultant’s recommendations that began on Oct. 15, 2013, and continued at their Nov. 6, 2013 meeting. They also discussed the recommendations at a Nov. 12 working session. Based on that discussion, planning manager Wendy Rampson made revisions to Perdu’s original set of recommendations. Rampson drafted a memo and resolution containing these revised recommendations. [.pdf of Nov. 19 memo and draft resolution]

The commission continued the public hearing and debated most of these recommendations at its Nov. 19, 2013 meeting, which adjourned at about 12:30 a.m. The group did not tackle the most controversial item that night: Possible changes to the parcel at 425 S. Main, at the southeast corner of Main and William.

On Dec. 3, commissioners picked up the topic and heard from three people during the ongoing public hearing – all three of them addressing the issue of zoning at 425 S. Main. Following that, the commission’s discussion focused on 425 S. Main, as well as revisiting a recommendation related to the design guidelines.

For additional background on this process, see Chronicle coverage: “Feedback on Downtown Zoning Continues“; “Downtown Zoning Review Nears Final Phase“; “Priorities Emerge in Downtown Zoning Review”; ”Downtown Zoning Review Moves Forward” and “Downtown Zoning Review to Wrap Up Soon.”

In general, the final recommendations made by the planning commission at its Dec. 3, 2013 meeting aim to create more of a buffer between downtown development and adjacent or nearby residential neighborhoods.

Three of the recommendations relate to specific parcels: (1) Rezone the parcel located at 336 E. Ann from D1 (downtown core) to D2 (downtown interface); (2) Reduce the maximum height in the East Huron 1 Character District (on the north side of Huron, between Division and State) to 120 feet. Include a tower diagonal maximum and consider a step-back requirement to reduce the shading of residential properties to the north; (3) Rezone the parcel at 425 S. Main, at the southeast corner of Main and William, from D1 (downtown core) to D2 (downtown interface) and establish a maximum height of 60 feet for D2 zoning in the Main Street Character District.

Several other recommendations focused on the issue of “premiums” – certain features that a developer can provide in exchange for additional square footage. Those recommendations are: (1) Revise the premium conditions to require mandatory compliance with core design guidelines for a project to receive any premium in the D1 or D2 districts; (2) Reduce the residential premium with the goal of encouraging the use of other existing or proposed premiums to compensate for this reduction, such as increased energy efficiency certification, open space with landscape, active ground floor use, balconies and workforce housing; (3) Review options in D1 and D2 districts, with the housing and humans services advisory board (HHSAB), for providing additional affordable housing within mixed income projects or through other funding mechanisms; (4) Eliminate the affordable housing 900% FAR (floor area ratio) “super premium”; and (5) Evaluate the downtown real estate market to determine the effectiveness of premium incentives every 2-5 years. [.pdf of possible amendments to the downtown zoning resolution that Sabra Briere (Ward 1) might bring forward]

The council’s Jan. 21 resolution would accept the recommendations as completing the planning commission’s assignment. The resolution would further direct the planning commission to translate its recommendations into proposed ordinance language, which would require review and a public hearing. The specific ordinance language would then be recommended by the planning commission to the city council, which would make the ultimate decision after a public hearing.

State Street Zoning Request

On the city council’s Jan. 21 agenda is initial approval for the zoning of two properties on South State Street – 1643 and 1645 S. State. The zoning designation would be C1 (local business district). One of those properties houses Biercamp Artisan Sausage and Jerky.

The unzoned parcels – located in Ward 4 just south of Stimson and the Produce Station – are owned by Stefan Hofmann. The site at 1645 S. State is used for storage. In addition to housing Biercamp, the parcel at 1643 S. State also includes an auto repair shop and furniture manufacturer, which is primarily a woodworking shop.

The zoning for these parcels, which were annexed into the city from Ann Arbor township in 2011, has previously been considered by the planning commission. That was when Biercamp owners Walt Hansen and Hannah Cheadle wanted to zone the property C3 (fringe commercial district), so their business could sell a wider variety of merchandise, including products not made on site.

When the property was annexed into the city from the township, the site had been zoned by the township for light industrial. The closest equivalent in the city’s zoning code was M-1 (limited industrial zoning). The city’s master plan – prior to the adoption of the South State Street corridor plan – called for light industrial zoning in that area, but M-1 zoning would only allow for retail space to occupy 20% of the building’s floor area, to sell products made on-site.

At its Sept. 8, 2011 meeting, the planning commission unanimously recommended denial of that C3 zoning request, based on the proposed zoning being inconsistent with the city’s master plan. The request was then made directly to the city council, which also denied the request at a meeting on Feb. 21, 2012.

At the time, planning commissioners also were advocating for a broader study of the State Street corridor. That study was subsequently completed, and on July 15, 2013, the city council adopted the South State Street corridor plan as an amendment to the master plan’s land use element.

According to a staff memo, the adoption of the corridor plan into the city’s master plan prompted city planning staff to initiate the current zoning request. The C1 zoning is consistent with recommendations in the master plan, which calls for a mixed-use neighborhood retail center in that area to serve the Yost and Burns Park neighborhoods.

C1 is a more restrictive type of zoning than C3, primarily related to limits on the size of a business. No drive-thru restaurants are allowed in C1 districts, and there’s an 8,000-square-foot limit on the size of a business, for example. There is no restriction in either C1 or C3 that limits the products sold to those that are made on-site.

The city’s planning commission recommended C1 zoning for these parcels at its Dec. 17, 2013 meeting.

Public Art Administrator

The council will be asked to extend the contract with the city’s public art administrator, Aaron Seagraves, by six months – through June 30, 2014 – and to add $18,500 to his compensation to cover the added term. A total of $20,500 would be appropriated from the balance in the public art fund, with the additional money to cover various expenses. Seagraves is contracted to work an average of 20 hours a week.

By way of background, the city council enacted a public art ordinance in late 2007, setting up a Percent for Art program as a funding mechanism. For each of the city’s capital projects, 1% of the budget – up to a cap of $250,000 – was set aside for public art. The Ann Arbor public art commission oversaw the expenditures. However, the approach proved controversial and the city council changed the ordinance to eliminate the Percent for Art funding mechanism at its June 3, 2013 meeting. That ordinance change came after a failed public art millage that was put before voters in the November 2012 election.

Under the new approach, city staff will work to determine whether a specific capital improvement should have enhanced design features “baked in” to the project – either enhanced architectural work or specific public art. The funding for any of the enhanced features would be included in the project’s budget and incorporated into the RFP (request for proposals) process for the capital project.

The funds accrued to the public art fund during the time of the Percent for Art program are still subject to the same legal constraints – which require a thematic link between the original source of the funds (e.g., the street millage) and the piece of art to be funded. The council debate at its June 3, 2013 meeting included wrangling about what to do with that fund balance, with Jane Lumm (Ward 2) arguing unsuccessfully that $845,029 should be returned to the funds of origin. The council voted to return only the money that had accrued to the fund in the most recent budget year – $326,464.

A budget summary provided by Seagraves in response to a Chronicle email shows a current balance of $839,507 in available funds for public art, as of Jan. 14, 2014. An additional $535,853 is earmarked for three projects that are underway: artwork at East Stadium bridges ($385,709), a rain garden at Kingsley and First ($7,009), and at Argo Cascades ($143,134). [.pdf of financial summary]

Sidewalks

Two items involving construction of new sidewalks – at two specific locations – appear on the council’s Jan. 21 agenda.

Sidewalks: Waldenwood

By way of background, at its Aug. 8, 2013 meeting, the city council had approved a $10,000 design budget for a sidewalk to fill in a gap from the northeast corner of Penberton Court and Waldenwood northward, connecting to a path leading the rest of the way to the King Elementary School.

Waldenwood sidewalk gap. Green indicates existing sidewalks. Red indicates a sidewalk gap. Blue stars indicate signers of a petition in support of the sidewalk.

In its form, that resolution was similar to other sidewalk design budgets the council approved last year. [For example, the council approved similar design budgets for a sidewalk on Barton Drive at its July 15, 2013 meeting, a sidewalk on Newport Road at its Jan. 22, 2013 meeting, and for a sidewalk on Scio Church Road at its Nov. 19, 2012 meeting.]

However, the sidewalk gap near King Elementary School includes a history of advocacy by nearby resident and former Ann Arbor Public Schools board member Kathy Griswold dating back to 2009.

For students crossing Waldenwood from the west to attend school, the new 186-foot sidewalk would allow them to make the crossing at the intersection, where there is a four-way stop – instead of crossing the street using a mid-block crosswalk. According to the staff memo accompanying the resolution, “The Ann Arbor Public Schools (AAPS) Transportation Safety Committee has agreed the use of a new crosswalk at this stop controlled location would be preferable over the existing mid-block crossing at the school entrance.”

From the fall of 2009 through the spring of 2010, Griswold addressed the council on at least nine occasions on the topic of the King Elementary School crosswalk and the related sidewalk gap. The construction of a sidewalk had been met with opposition by the immediately adjoining property owners. And the more recent feedback, reflected in the staff memo for the Jan. 21 meeting, indicates that an Oct. 3, 2013 neighborhood meeting attended by 22 people resulted in 15 feedback forms, 10 of which indicated support and 5 of which indicated opposition. [.pdf of letter from the van Nieuwstadts and Weismans]

The funding of new sidewalks – as contrasted with repair of existing sidewalks – is typically achieved at least partly through a special assessment on adjoining property owners. Sidewalk repair, but not new construction, can be paid for with the city’s sidewalk repair millage.

In the case of the Waldenwood sidewalk, it’s located to the rear of the residential properties – and the city does not typically special assess properties to finance sidewalks to the rear of a property.

Only a small amount of the originally approved $10,000 design budget was spent. To cover the $16,000 construction cost, an additional $6,818 of general fund money is being requested at the Jan. 21 meeting.

Sidewalks: Pontiac Trail

In a different sidewalk-related item, the council will be asked to take the first of four steps in the process to impose a special assessment on property owners for a sidewalk on the east side of Pontiac Trail, between Skydale and Dhu Varren Road. The project would also construct a concrete curb and gutter northward from Skydale about 920 feet along the east side of Pontiac Trail and about 1,030 feet along the west side of Pontiac Trail. Those stretches currently don’t have a curb and gutter.

This first step directs the city administrator to prepare plans, specifications and a cost estimate.

Sobriety Court

On the council’s consent agenda are two items related to the sobriety court, which is a specialty court within the 15th District Court.

One is a contract with Washtenaw County Community Support & Treatment Services (CSTS) to provide mental health treatment services to defendants who appear in the sobriety court. The amount of the contract is $45,271 and is funded with a grant from the Supreme Court of Michigan State Court Administrative Office Michigan Drug Court Grant Program (SCAO-MDCGP).

The second is a contract with the Washtenaw County sheriff’s office to provide drug abuse screening services of defendants in the sobriety court and the veterans treatment court. The amount of the contract is $23,200 and is paid for through the Supreme Court of Michigan State Court Administrative Office Veterans Treatment Court Grant Program (SCAO-MVTCGP) and the Supreme Court of Michigan State Court Administrative Office Drug Court Grant program (SCAO-MDCGP).

Street Closings

Three street closings appear on the council’s consent agenda:

• Feb. 1, 2014: Winter Warriors. The event will shut down a half block of E. Washington outside the Arbor Brewing Company. The fundraiser to “terminate” hunger with a special batch of Terminator Doppelbock entails sitting outside in the cold.
• March 9, 2014: Shamrocks and Shenanigans 5K Run/Walk. The course is straight up Main Street from the corner of Main and Stadium into downtown Ann Arbor, where it loops around. [.pdf of Shamrocks and Shenanigans street closures]
• April 6, 2014: University of Michigan Big House 5K. Streets to be closed are in the vicinity of the university campus. The finish takes runners into Michigan Stadium down the tunnel with a finish at the 50-yard line.

Liquor: Lunch Room, Silvio’s

Two items added to the council’s agenda on Jan. 17 after the agenda’s initial publication are related to liquor licenses. The council will be asked to recommend that the Michigan Liquor Control Commission approve a special downtown development liquor license for The Lunch Room at 407 N. Fifth Avenue. That category of license was made available by the Michigan legislature in 2006 for cities that established districts where such licenses would be granted. The requirements include investment in the rehabilitation of the building that houses the establishment seeking the license, and a determination that the recipient of the license be recommended “above all others.”

And the council will be asked to approve a change in the classification of Silvio’s Organic Pizza license from a Tavern License to a Class C License. A key difference between a Class C license and a Tavern License is that a Class C license allows the sale and consumption of not just beer and wine, but also liquor. Silvio’s is located at 715 N. University Ave.

Edwards Brothers Land

Another item added to the agenda on Jan. 17 is the approval of a $25,550 contract with Atwell LLC for environmental site assessment services to evaluate 2500 S. State St. That’s the Edwards Brothers Malloy property for which the council is currently exploring options to purchase.

The University of Michigan has made an offer to Edwards Brothers to purchase the property for $12.8 million, but the city has a right of first refusal. At its Jan. 6, 2014 meeting, the council directed the city administrator and the city attorney to explore options and gather information. So the site assessment by Atwell is part of that effort. The council is working within a 60-business-day window that began Nov. 27, 2013.

Live updates will begin closer to the 7 p.m. scheduled meeting start time.

4:11 p.m. Sabra Briere (Ward 1) might be bringing forward some amendments to the council’s resolution that directs the planning commission’s work on revisions to downtown zoning. In addition to the original resolution’s direction to implement as a part of the zoning code a set of the planning commission’s own recommendations, Briere’s amendments would also direct the planning commission to (1) consider rezoning Huron Street from Division to Fourth Avenue to conform with the East Huron 1 character district (which has a height limit of 150 feet instead of a 180-foot limit like other D-1 areas); (2) to consider whether other D1-zoned areas, which do not have buffering from adjacent residential neighborhoods, including some areas of South University and Thayer Street, should be rezoned to D2. Briere’s amendments add a date certain by which the planning commission is to report to the council on all its work on this issue: Oct. 20, 2014, which is the council’s second meeting that month. [.pdf of possible amendments to the downtown zoning resolution that Sabra Briere (Ward 1) might bring forward.]

4:14 p.m. Staff’s written responses to questions about agenda items are now available: [.pdf of Jan. 21, 2014 agenda responses] Highlights include the clarification that in the resolution authorizing the contract with Atwell for the Edwards Brothers land site assessment, the acronym ACM stands for “asbestos-containing materials.”

4:55 p.m. Five people are signed up for public commentary reserved time. Two are signed up to speak on the Waldenwood sidewalk project: Michael van Nieuwstadt and Kathryn Dacosta. Two people are signed up to talk about a fracking moratorium: Kurt Gleichman and Leon Bryson. And Bob Miller, chair of the Ann Arbor public art commission, is signed up to give an update on public art.

6:27 p.m. Pre-meeting activity. The scheduled meeting start is 7 p.m. Most evenings the actual starting time is between 7:10 p.m. and 7:15 p.m.

6:29 p.m. CTN staff has installed microphones for councilmembers at the table. Replay of most the recent Ann Arbor Area Transportation Authority meeting is playing on the monitor. Council chambers are empty except for The Chronicle. Odile Hugonot Haber arrives.

6:41 p.m. A UM political science graduate student who has been attending city council meetings for the last year and a half has arrived. Dissertation to come in a year or so. Jack Eaton (Ward 4) is the first councilmember to arrive.

6:52 p.m. Chambers are starting to fill up. Sally Petersen (Ward 2) has arrived. Several high school students here to satisfy a course requirement are here.

6:54 p.m. Usual interested parties on zoning issues are here: Eppie Potts, Piotr Michalowski, Peter Nagourney. City administrator Steve Powers and city attorney Stephen Postema have arrived. Bob Miller from the public art commission is here.

7:05 p.m. All the councilmembers have now arrived.

7:07 p.m. Mayor John Hieftje is twirling the gavel. We’re close to starting.

7:07 p.m. Call to order, moment of silence, pledge of allegiance. And we’re off.

7:08 p.m. Roll call of council. All councilmembers are present and correct.

7:09 p.m. Approval of agenda. The agenda has been approved.

7:10 p.m. Communications from the city administrator. Steve Powers says that the cold weather has again caused the Delonis Shelter to go into emergency mode. The intoxication and behavior rules have been relaxed. He gave additional information, noting that much of it had been covered previously in an update at the council’s Jan. 6, 2014 meeting.

7:10 p.m. Public commentary reserved time. This portion of the meeting offers 10 three-minute slots that can be reserved in advance. Preference is given to speakers who want to address the council on an agenda item. [Public commentary general time, with no sign-up required in advance, is offered at the end of the meeting.] Tonight’s lineup for reserved time speaking is: Michael van Nieuwstadt and Kathryn Dacosta, speaking on the Waldenwood sidewalk project; Kurt Gleichman and Leon Bryson to talk about a fracking moratorium; and Bob Miller, chair of the Ann Arbor public art commission, to give an update on public art.

7:14 p.m. Michael van Nieuwstadt is an owner of property adjacent to the proposed sidewalk near King Elementary School. He asks for clarification about the nature of the agenda item: Does it involve moving the crosswalk as well as construction of the sidewalk? Sabra Briere (Ward 1) tells him it’s just about construction of the sidewalk. He says that he’s been asking for a safety report for the last four weeks, and he’d learned that one had been produced just today. He wants some time to look at the report. He described the sidewalk connection as connecting two pieces of “nowhere.” He asks for some additional time for the neighborhood to gather its thoughts.

7:17 p.m. Kathryn Dacosta is also addressing the sidewalk extension. She walks her kids to school every day, so she’s on the front lines of the issue, she says. Before the 2011-12 school year there was no crossing guard. It’s a difficult situation and it’s very unsafe, she says. Drivers are distracted by saying goodbye or looking for their kids. They’re not watching for kids doing unexpected things. Drivers are committing traffic infractions. She reports that Sally Petersen (Ward 2) visited the site this morning. Dacosta says there have been three traffic accidents in the last year. There’s gridlock, she says, causing angry drivers. Drivers are also on their cell phones. People also park on the side of the street where the extension is proposed. She took a photo to illustrate it, which she hands to the city clerk – parents with their children walking in the street.

7:19 p.m. Bob Miller, chair of the Ann Arbor public art commission, is now addressing the council. The art commission has followed the direction of the city council since the change to the ordinance last year, he reports. He’s giving a summary of the projects that are currently in the works. The commission looks forward to achieving the goals set by the council, he tells councilmembers.

7:22 p.m. Kurt Gleichman expresses that there’s urgency to implement anti-fracking ordinances. Coalition groups have worked on raising awareness, he says. Corporations don’t have a conscience, he says. Corporations have huge resources to influence legislators and persuade the public, he cautions. Those in power take the easy way out, he says. Because of a lack of action by those in authority, the people have to take it into their own hands, he says. He alludes to a trial that’s starting next Monday in connection with a civil disobedience action against fracking. He asks the council to make this a priority.

7:27 p.m. Leon Bryson introduces himself as a Ward 5 resident. He calls for a local ordinance against fracking. He says he recently attended a meeting with state Rep. Gretchen Driskell on the topic. He said some of the people who attended the meeting had been approached by companies who wanted to buy their mineral rights. He’s concerned that horizontal drilling could come close to his own house. He alludes to the chemical spill in West Virginia that contaminated the drinking water. “We can take the lead in Ann Arbor” to ban fracking, he said. He alludes to the leadership of Ann Arbor on the pedestrian ordinance, and calls on the Ann Arbor council to show similar leadership on the fracking issue.

7:27 p.m. Communications from council. This is the first of three 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.

7:27 p.m. Chuck Warpehoski (Ward 5) notes that fracking is already banned by the city’s prohibition of any extraction of minerals within the city limits. But he allows that there could be loopholes – and says that the city is working to address those. Ann Arbor is already leading on this issue, he says. He points out that Ann Arbor, as a home rule city, can ban mineral extraction, but townships surrounding Ann Arbor can’t.

7:30 p.m. Sally Petersen (Ward 2) gives an update on what’s being done for former residents of the Green Baxter Court building that was destroyed by fire on Jan. 8. It’s an Ann Arbor housing commission property. Petersen said she and Jane Lumm (Ward 2) held a town hall meeting and were updated by Joan Doughty of Community Action Network. CAN runs a community center at Green Baxter, under contract with the city.

7:33 p.m. Stephen Kunselman (Ward 3) is reading aloud a communication from a driver who questions the city’s crosswalk ordinance, based on an experience she had. Kunselman now is reading aloud from the ordinance, and from mayor John Hieftje’s veto statement. Kunselman then reads aloud from an interview with Hieftje in Concentrate magazine.

7:33 p.m. Jane Lumm (Ward 2) is following up on Petersen’s remarks on the Green Baxter Court fire. She tells people to go to the Community Action Network website to find out how they can help.

7:35 p.m. Sabra Briere (Ward 1) announces a meeting on Jan. 22 at Forsythe Middle School about a sidewalk. Lumm announces a Millers Creek sediment accumulation study meeting.

7:35 p.m. MC-1 Pedestrian safety and access task force appointments. The council is being asked to confirm appointment of the nine members of the pedestrian safety task force, which was established by the council at its Nov. 18, 2013 meeting. The members of the task force are: Vivienne Armentrout, Neal Elyakin, Linda Diane Feldt, Jim Rees, Anthony Pinnell, Sarah Pressprich Gryniewicz, Kenneth Clark, Scott Campbell, and Owen Jansson.

7:36 p.m. Kunselman asks what the task is of the task force: Is it to come up with recommendations to amend the ordinance?

7:39 p.m. Briere says the task force was conceived independently of the heated controversy about the crosswalk ordinance. There are a whole slew of things related to pedestrian safety in addition to crosswalks, she says. She alludes to a manual put out by the federal government that will guide the task force’s work. She also says that the task force will be given a book about walkable cities.

7:40 p.m. Kunselman says that Briere’s explanation makes clear that the council can continue to consider the question of amending the crosswalk ordinance. He’s focused on a phrase from the mayor’s veto statement that says that drivers should stop “if they can do so safely.” He ventures that an attempt might be made to amend the language of the ordinance to include that phrase.

7:41 p.m. Outcome: The council has voted to confirm all the pedestrian safety and access appointments.

7:42 p.m. MC-2 Nominations. Nominations to city boards and commissions to be voted on at the council’s next meeting include the following: Jim Simpson is being nominated to fill the vacancy of Malverne Winborne on the public art commission. Winborne’s term ended on Dec. 31, 2013. Daniel Lee is being nominated to serve out the rest of Marta Manildi’s term on the Ann Arbor housing commission. Manildi’s term ends this spring, but she said she’d step down early if someone could be appointed. Paige Morrison is being nominated to serve out the rest of Jennifer Geer’s term on the Ann Arbor park advisory commission. Geer resigned. Peter Woolf is being nominated to fill the vacancy of Lindsey-Jean Hard on the public market advisory commission.

7:42 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 the two public hearings that are scheduled are on (1) the downtown zoning recommendations, and (2) the 624 Church St. project, a 14-story, 116,167-square-foot building with 123 units and about 230 bedrooms.

7:46 p.m. PH-1 Downtown zoning amendments. Peter Nagourney is first up. He supports the work of consultant Erin Perdu. He calls the master plan the constitution and the zoning ordinance the law. In some cases the consultant’s recommendations went beyond the council’s direction, he notes, but that was in order to achieve overall consistency. He’s arguing for specific points of rezoning.

7:49 p.m. Doug Kelbaugh is now addressing the council. He says the fallout from 413 E. Huron has resulted in a productive process. Going from 180 feet to 60 feet (D-1 to D-2) is too abrupt, he says. He asks for the rest of Ann Street to be considered as a part of the reconsidered zoning. He alludes to Briere’s possible amendment as possibly addressing the Ann Street concerns. He tells the council that the recommendations in front of the council are supported by many people.

7:51 p.m. Tamara Burns, an architect and chair of the city’s design review board, tells the council that the board does not support tying the award of premiums to compliance with the recommendations of the design review board. The design guidelines need to be revised and the process for the design review needs to be updated, she says – before making premium FAR (floor area ratio) contingent on design review board recommendations.

7:52 p.m. Steve Kaplan says that in recent history, his observation is that having design guidelines is a great start, but it’s easy to ignore them. He asks that some attention is given to how much teeth guidelines can have so people follow them in the future.

7:55 p.m. Chris Crockett thanks the council for providing the direction to re-evaluate the downtown zoning. She says there are some changes to the recommendations that she would suggest. She wants consideration of zoning changes all the way to Fourth Avenue on Ann Street. She calls 413 E. Huron a sad experience because of a misapplication of character areas. Crockett has respect for Tamara Burns, saying she’s known Burns since Burns was in high school. But Crockett ventures that there could be some way to put some additional teeth into the design guidelines.

7:56 p.m. Hugh Sonk represents the Sloan Plaza Condominium Association. Sloan Plaza is located on the north side of East Huron, next to the 413 E. Huron development. He calls on the council to support the additional recommendations made by the near downtown neighborhood group. [.pdf of Near-Downtown Neighborhood Group letter]

8:00 p.m. Piotr Michalowski says he’s very concerned about the corner of Main and William. He asks the council to support the current recommendation to rezone that parcel as D-2. He says that residents of the neighborhood have already been “burned” once with a project he says he will not name. [He's referring to City Place, on South Fifth Avenue south of William.] He asks the council to maintain the transition between residential areas and Main Street.

8:04 p.m. Cy Hufano is a resident of Sloan Plaza. On the technical side, he addresses the second recommendation – for the D-1.5 zoning proposal, which includes a height limit of 120 feet, and the use of diagonals. As far as the process goes, he felt there were a lot of loose ends. He cautioned that decisions get made based on the threat of lawsuits. He says he’s speaking from the heart. He visited the Library of Congress in Washington D.C. and looked at a mural. There was a figure holding a halter, he said: “People have got to watch what government is doing.”

8:07 p.m. Ray Detter is now addressing the council and essentially reprising the same comments that he delivered at the Jan. 8, 2014 meeting of the Ann Arbor Downtown Development Authority board. He agrees with Hufano’s comments.

8:10 p.m. Eppie Potts strongly urges support for the resolution to start the process of much-needed amendments. D-1 and D-2 have been tried, but found to be controversial, she says. To avoid future controversy, additional revision is needed. She cites problems with overlay districts. She gives The Varsity on East Washington as an example of a problem with front setbacks. She asks the council to keep the door open to reviewing other troublesome aspects of D-1 and D-2.

8:13 p.m. Eleanor Linn introduces herself as a resident of Forest Court, near Zaragon and the Landmark apartment buildings in the South University neighborhood. She ventures that another large building will be built on Church Street, depending on the council’s action later that night. She supports the possible amendments to be offered by Briere that would direct the planning commission to consider revisions to zoning in the South University area. Linn recalls intricate details of the history of past planning exercises.

8:16 p.m. David Blanchard introduces himself as chair of the city’s housing and human services advisory board (HHSAB). He says he wants to keep the idea of affordable housing alive and a diversity of housing choices for different income levels. He remembers the PUD (planned unit development) system where cash-in-lieu could be contributed. He also noted that the current zoning has a “super-premium” for building affordable housing. The current recommendation is to remove that premium, because that premium wasn’t being used. That might be the right recommendation, he said, but he wasn’t sure enough thought had gone into it. He urged the planning commission to work with HHSAB to make affordable housing a reality in Ann Arbor.

8:16 p.m. That’s it for PH-1.

8:16 p.m. PH-2 624 Church site plan. Brad Moore, the architect for the project, is first up.

8:19 p.m. Moore notes that what’s before the council is a revision to the previous project. The renovation to Pizza House was designed with strong enough foundations to facilitate a larger project. He’s explaining that the portion of the previous project that had zero setback with the adjacent Zaragon building has been redesigned, so that it now has a 20-foot setback. [That had been a point of friction in the previous iteration of the project, but has not been an issue this time around.] Moore notes that the unit mix is about 90% 1-2 bedroom units, with 11 3-bedroom units.

8:21 p.m. Eppie Potts is speaking to the parking permit issue. She questions the contribution-in-lieu policy that allows a developer to pay for permits in the public parking system, instead of building parking spaces onsite. That’s not good for the public, Potts says. She won’t be able to get to her favorite restaurant, she fears. The public is being crowded out, she says. If the developer can build that big of a building, they could find a way to build some parking, she contends.

8:23 p.m. Scott Munzel is a local attorney representing Opus, the developer. He notes that the project complies with all the applicable requirements. He says that it’s a creative use of a “difficult site.” That’s why it’s difficult to construct parking onsite, he says. That’s why the developer is making use of the city’s contribution-in-lieu program. The project is consistent with the downtown plan, he says, and it’s consistent with other city goals, like creating a sense of place.

8:25 p.m. Maggie Ladd, director of the South University Area Association, tells the council she supports the project. She says that the zoning was changed before the A2D2 (Ann Arbor Discovering Downtown) process, and that A2D2 lowered the height restrictions.

8:25 p.m. That’s it for PH-2.

8:25 p.m. Approval of previous meeting minutes. Outcome: The council has voted to approve the previous meeting’s minutes.

8:25 p.m. Consent agenda. This is a group of items that are deemed to be routine and are voted on “all in one go.” Contracts for less than $100,000 can be placed on the consent agenda. This meeting’s consent agenda includes:

• CA-1 Approve a contract with Washtenaw County Community Support & Treatment Services to provide mental health treatment services to sobriety court defendants ($45,271) .
• CA-2 Approve contract with the Washtenaw County Sheriff’s Office to provide drug abuse screening services to veterans treatment court and sobriety court defendants ($23,200).
• CA-3 Approve a purchase order for Enertron LLC for the city hall network cabling project ($39,704)
• CA-4 Approve a purchase order to New World Systems for financial system annual software support and maintenance agreement ($64,040).
• CA-5 Accept board of insurance administration minutes of Dec. 17, 2013.
• CA-6 Close E. Washington for Winter Warriors (Saturday, Feb. 1, 2014).
• CA-7 Close streets for Shamrocks & Shenanigans 5K (Sunday, March 9, 2014)
• CA-8 Close Streets for UM Big House 5K (Sunday, April 6, 2014).

8:26 p.m. Councilmembers can opt to select out any items for separate consideration. No one does.

8:26 p.m. Outcome: All items on the consent agenda have now been approved.

8:26 p.m. C-1 Hofmann zoning. The council is being asked to give initial approval of the zoning of the parcel as C1 (local business district). This parcel houses Biercamp Artisan Sausage and Jerky. The owners of Biercamp had wanted C3 zoning two years ago, which was denied. C1 is a more restrictive type of zoning than C3, primarily related to limits on the size of a business. No drive-thru restaurants are allowed in C1 districts, and there’s an 8,000-square-foot limit on the size of a business, for example. There is no restriction in either C1 or C3 that limits the products sold to those that are made on-site.This is just the initial approval to establish zoning, after annexation from the township. [For more detailed background, see State Street Zoning Request above.]

8:29 p.m. Chuck Warpehoski (Ward 5) notes that the staff memo gave the historical perspective, but he wasn’t sure if the proposal met Biercamp’s needs. He says that it gave him the chance to visit the business to get some jerky and to get a growler so that Sally Petersen was clear about what a growler is. He lifts a growler onto the table. [Petersen had previously asked at a council meeting what a growler is.] Warpehoski says that the Biercamp owners are supportive of the C-1 zoning.

8:30 p.m. Outcome: The council has given initial approval to the Hoffman zoning. It will need a second vote at a subsequent meeting.

8:30 p.m. DC-1 Recommend approval of downtown development district liquor license to The Lunch Room, LLC. [For more detailed background, see Liquor: Lunch Room, Silvio's above.]

8:30 p.m. Jane Lumm (Ward 2) reviews the details of the requirements. She thanks the various staff involved including the clerk’s office, fire department, police department, and city attorney’s office.

8:31 p.m. Outcome: The council has voted to recommend approval of a downtown development district liquor license for The Lunch Room.

8:31 p.m. DC-2 Approve request from Silvio’s Organic Pizzeria Inc. to transfer classification from a Tavern License to a Class C License. A key difference between a Tavern license and a Class C license is that Tavern licenses are restricted to beer and wine. Class C includes other alcohol. [For more detailed background, see Liquor: Lunch Room, Silvio's above.]

8:32 p.m. Lumm reviews the item, noting it’s not a new license, but rather a change in the classification. She reiterates her thanks to the various city staff: “They do great work,” she says.

8:32 p.m. Outcome: The council has voted to approve the change from a Tavern license to a Class C license for Silvio’s Organic Pizza.

8:32 p.m. DC-3 Approve a contract with Atwell, LLC for environmental site assessment (ESA) services ($25,550). The property in question is the Edwards Brothers Malloy property on S. State Street. The city is now gathering information in advance of a decision on whether to exercise its right of first refusal to purchase the land. The University of Michigan has made an offer of $12.8 million. [For more detailed background, see Edwards Brothers Land above.]

8:33 p.m. Outcome: The council has voted without discussion to approve the contract with Atwell to do a site assessment of the Edwards Brothers property.

8:33 p.m. DB-1 Downtown zoning amendments. These are recommendations for changes to downtown zoning that came from the planning commission, prompted by the controversy last year surrounding the 413 E. Huron project. If the recommendations for the changes are approved, the planning commission will then be tasked with crafting ordinance language to implement the recommendations. After the planning commission has completed that task, held a public hearing and voted on it, the ordinance revisions will be forwarded to the city council. The council would then need to give initial approval, hold a public hearing, and then give the changes final approval. [For more detailed background, see Downtown Zoning Recommendations above.]

Here’s a .pdf of possible amendments to the downtown zoning resolution that Sabra Briere (Ward 1) might bring forward.

8:36 p.m. Briere, who represents the city council on the planning commission, says that the commission had discussed all the communications that had been described during the public hearing. The public had asked the planning commission to expand its scope of consideration, but the planning commission had decided to confine its recommendations to the council’s specific direction.

8:40 p.m. Briere offers her amendments. [.pdf of amendments]

8:42 p.m. Lumm asks to add setback language to the amendments. Briere says she tried to not constrain the planning commission. So she didn’t suggest any side setbacks. She didn’t think front setbacks of 10 feet would benefit all of Huron. She wanted further discussion before accepting Lumm’s suggestions as friendly.

8:43 p.m. Margie Teall (Ward 4) wants to know if Briere would be willing to add Ann Street between Fourth and Fifth to an area for additional consideration. That’s added in a friendly way.

8:45 p.m. Lumm now phrases her suggestion in terms of “considering” changes to the setback.

8:47 p.m. Taylor says he wants to “chat” about the reference to Thayer. He doesn’t think there’s residential there that needs buffering. But he thinks there needs sight-scape buffering to Hill Auditorium, so he’ll support the reference to Thayer.

8:47 p.m. Outcome: Briere’s amendments are approved.

8:50 p.m. Christopher Taylor (Ward 3) says there’s been a lot of good and solid work done on this by the planning commission and the public. He says he hopes that the recommendation on residential premiums means that it’s a reduction in the size of the units – as that would speak to the kind of housing that millennials are looking for. He says that the change at the corner of Main and William had been a swift change from the consultant’s initial recommendation. So he wants to keep an eye on that.

8:53 p.m. Taylor offers a specific amendment on the recommendation about the design review board’s role. He says the city needs modest and smart growth. His amendment indicates that the revisions to the design review board process should have the support of the design review board. [This reacts to the public hearing comments by design review board chair Tamara Burns, who said that as things currently stand, the design review board did not want to be the arbiter of the award of premium FAR (floor area ratio).]

8:55 p.m. Briere says that when Taylor said “save (4)” many people understood it as “save for.” Some wordsmithing ensues to ensure Taylor’s amendment does not escape the Oct. 20, 2014 deadline.

8:56 p.m. Hieftje says the design review board has all along not wanted to have mandatory compliance. So he appreciates Taylor’s amendment.

8:58 p.m. Planning manager Wendy Rampson says (4) had originally been drafted to say that there would be mandatory compliance. The planning commission had revised the wording to emphasize there should be a focus on the core design guidelines and improve the process, without making the design review board the gatekeeper to the premiums. She concludes about Taylor’s amendment that “it looks fine.”

9:00 p.m. Kunselman asks Rampson who the gatekeepers to the premiums would be – the planning commission? Rampson said the planning commission had discussed various possibilities. Commissioners were reluctant to make compliance mandatory. They wanted the ability to look at each site as unique. Kunselman ventures that the final arbiter would be the council. Rampson suggests that two paths could be maintained, for site plan and for design review.

9:01 p.m. Petersen asks Rampson to comment on the design review board process and the city’s participation in the state’s Redevelopment Ready Communities program. Would the DRB process prevent RR certification? Rampson said the main thing with RR is that “we have to be clear.”

9:02 p.m. Jack Eaton (Ward 4) talks about the idea that council would be making the judgment as to how close a developer had come to meeting the recommendations: Is that workable? Rampson indicates that this works in other communities.

9:05 p.m. Mike Anglin (Ward 5) says that some developers find out what the neighbors want and build that. Others don’t and get pushback.

9:07 p.m. Anglin asks about setbacks. Rampson says that the idea is that the setbacks allow for some flexibility, but the building should continue a pattern if there’s an existing pattern of buildings set forward. The goal was not to crowd the sidewalk, Rampson says.

9:10 p.m. Lumm asks for confirmation about what the planning commission and design review board will be doing. Rampson indicates that she thinks those two groups will be able to chart out a path to work together. Rampson notes that the DRB is not always consistent in its comments. So the DRB is looking for a preliminary meeting, with more informal commentary, followed by a more formal process.

9:11 p.m. Hieftje says he’s always supported mandatory compliance, but says he thinks the amendment Taylor has offered is very thoughtful.

9:11 p.m. Outcome: Taylor’s amendment is approved.

9:15 p.m. Kunselman says he’ll support the resolution. He notes that mandatory compliance can’t be required on a basic project, but it can be required for premiums. He notes that he’d opposed the A2D2 as the only councilmember who did so. He preferred the previous zoning, which was more of a “mosaic,” he says. He echoes the remarks of Eleanor Linn, who’d described how the “density chips” in the planning exercise were dumped on South U: “They definitely were,” he said.

When the zoning was changed in the South University area before A2D2, the council had not been told about the possibility of parcel combinations, Kunselman said. He says the current revisions are implementing corrections to the previous policies and the “lust to build more and more housing.”

9:16 p.m. Briere says she’ll support the resolution and she’d try to influence the outcome on the planning commission based on what she’s heard tonight.

9:19 p.m. Warpehoski says he’ll support this – especially because of the deadline that Briere has added. He hopes that the pieces that are clear can be covered quickly, and that not everything will be held up in order that everything is done before anything is done. He’s glad the process took a look at the southeast corner of William and Main. He said he’d trust the process. He says the corner of Main and Packard is not a place for D-1 zoning.

9:20 p.m. Lumm says she’ll support the resolution. She’s ticking through a list of people she wants to thank. She calls the report and recommendations thorough and clear. The recommendations help address the flaws in the A2D2 zoning that manifested themselves in the 413 E. Huron, she says.

9:23 p.m. Sumi Kailasapathy (Ward 1) says she’s glad the council is moving forward with this. She’d attended some of the public outreach meetings. What was said at the meetings was reflected in the report, she says. The council’s work session last week [on economic development] gave her pause, she said. She wants to keep Ann Arbor’s housing stock diverse and affordable.

9:23 p.m. Outcome: The council has voted to approve the recommendations, with amendments, to the planning commission for changes to the downtown zoning.

9:23 p.m. Recess. We are now in recess.

9:34 p.m. And we’re back.

9:34 p.m. DB-2 624 Church site plan. The current, revised plan is for a 14-story, 116,167-square-foot building with 123 units and about 230 bedrooms. The apartment building would extend to the southeast corner of Willard and Church, where the building’s entrance will be located. Existing buildings at 624 Church Street and 1117 Willard would be torn down. [For more detailed background, see 624 Church St. above.]

9:37 p.m. Kailasapathy leads things off. She asks for planning manager Wendy Rampson. Kailasapathy wants to know about the contribution to parks – $72,450 had been requested. The developer had made a smaller contribution. Rampson notes that the parks contribution is voluntary. Brad Moore, the project’s architect, responds. He says that the city staff member had modified the request downward based on the specific parks improvements that the city wanted to undertake.

9:38 p.m. Kailasapathy is now expressing dissatisfaction with the extension option for the contribution-in-lieu parking program that the DDA had granted – three five-year periods past the standard 15 years for parking permits.

9:40 p.m. Executive director of the DDA, Susan Pollay, is describing the usage pattern of the Forest Avenue parking structure, which is heavy during the school year. She ventures that a circulator bus downtown could allow for relocating the permits to a different parking structure sometime in the future. Hieftje notes that the developer is taking advantage of an existing policy.

9:42 p.m. Pollay describes an “experiment” or “pilot” program where parking permits would be granted not on a first-come-first-serve basis but rather to property owners based on square footage. Hieftje elicits the fact that the CIL program requires a 20% premium.

9:42 p.m. Kunselman asks: Is there a wait list? Yes, says Pollay, 325 are on the list, and 153 have joined the list since 2012.

9:43 p.m. Kunselman says the extension of the CIL by three 5-year periods “irks” him.

9:44 p.m. Kunselman asks what the DDA’s discussion was in terms of “fairness.” Pollay said that was the point of the “pilot” program. The DDA had learned that the property owners didn’t want to manage parking permits for their own tenants. Pollay said that the conversation about fairness was ongoing. Kunselman noted that “we’re running out of land over there.”

9:45 p.m. Kunselman wants to know what other developments have contracts for parking permits. How many spaces are available to the public at Forest, he asks?

9:47 p.m. Pollay says the Forest structure has almost 900 spaces, but the UM had been a partner on the expansion of the structure. So just under 590 spaces are available to the public, she says. There are 131 permits now. She explains how the gate arms keep track of public versus the UM usage.

9:50 p.m. Pollay notes that the current monthly permit system is on a month-to-month basis. Kunselman wants to know if the 48 permits would come out of the 131 existing permits. Kunselman elicits the fact that the 48 will jump ahead of line of those on the wait list. Pollay says that many on the wait list may already be parking in the Forest structure on an hourly basis, and having a monthly permit is a matter of convenience.

9:52 p.m. Teall says we keep hearing that for new developments that are built, the residents are going to bring cars. She was not sure that all those spaces would be needed.

9:55 p.m. Lumm says that if a more diverse housing mix is desired, she thinks not all residents would find it convenient to not have a car. She expresses concerns about the lengthened parking agreement. She was glad that flexibility had been built in terms of the location of the structure where they’d be granted. She asks Pollay if this relocation of the permits to a different structure had been a point of discussion with the developer. Yes, says Pollay.

9:55 p.m. Pollay notes that the CIL program had been approved by the council.

9:57 p.m. Lumm is speculating about what kind of people are on the wait list. Lumm and Pollay are in an extended back-and-forth.

9:59 p.m. Lumm says she doesn’t want to see cars parked in the neighborhood if people can’t get into the structure. Hieftje, who lives in the North Burns Park area, responds to Lumm’s remarks by indicating that the residential parking program is effective in preventing people from storing the cars on the streets. Hieftje ventures that if the council wants to review the CIL program, it should do that separate from this project.

10:00 p.m. Kailasapathy responds to Hieftje by saying that the 15-year extension was outside the CIL policy. She calls this a case of “externalization of costs.”

10:03 p.m. Taylor says he’ll support the proposal, because it conforms with the zoning requirements. It would add useful residential units, he says. Previously the area had been challenged and desolate and it’s no longer so, he says. On the parking permit issue, he allows that fairness is an issue, but says he’s relying on the DDA to take a longer view of managing the demand of the parking system. On the parking spaces, Taylor says: “They’re being used by Ann Arbor residents, they just don’t live here, yet.”

10:04 p.m. Kunselman asks if the DDA has looked at subsidizing lower-income students for their parking. Pollay says that the DDA’s strategy has been to make as many options available as possible and to let people choose.

10:06 p.m. Kunselman asks if the monthly permits allow someone to park 24/7. Yes, Pollay says. That’s a problem, Kunselman says.

10:07 p.m. Kunselman asks if long-term parking had been explored for people to park at a satellite lot for storage parking. Pollay says a pilot had been done at Fingerle to explore the idea of “storage parking.” There had not been many takers, she says.

10:08 p.m. Kunselman ventures that D-1 and D-2 are parking exempt. Rampson explains that for residential use and premiums, parking can be required for the larger buildings that result from premium FAR.

10:09 p.m. Kunselman asks the city attorney what happens if the council amends the development agreement. Assistant city attorney Kevin McDonald suggests that the council should make changes in its resolved clauses of its resolution.

10:11 p.m. Kunselman asks for the developer to come to the podium: Will that be a deal breaker? Yes, says Sean Spellman with The Opus Group. The national lending market has spoken, he says.

10:12 p.m. Spellman notes that for the extended term of the CIL, the location of the parking structure where the permits would be granted wouldn’t necessarily be the Forest parking structure.

10:13 p.m. Kunselman says: “Your financing is not my concern.”

10:14 p.m. Kunselman says that all these years he’s participated in this kind of process, he’s always told citizens that the council is voting on the zoning, not the financing, and it’s up to the developer to put the financing together.

10:16 p.m. Spellman says that the council could move the spaces wherever it wants, but he really needs the extension. Kunselman says that if the project can’t get financing without the parking, then maybe it’s too big. “The DDA rolled over for ya,” he says.

10:17 p.m. Kunselman also contends that the DDA doesn’t sign contracts, and the developer would have to go to the bank with a DDA resolution, not a contract. Kunselman says that he’d be content not to have any parking required for the project.

10:20 p.m. Briere is now reviewing with the developer the availability of spaces in Forest structure. Pollay is reviewing how a monthly parking permit is not transferable, and cannot be sublet.

10:22 p.m. Petersen asks Rampson if the developer could meet the parking requirement by providing Zipcar spaces. Rampson reviews the lessons learned from The Varsity project, and noted that Zipcar doesn’t necessarily accept locations on a private site.

10:25 p.m. Kunselman now offers an amendment to the resolution. The added resolved clause says that the development agreement is to be renegotiated to eliminate the designation of the Forest parking structure and the three 5-year extensions.

10:26 p.m. Teall appreciates the sentiment of Kunselman’s amendment. She wishes there were more parking in the South University area. But she doesn’t think Kunselman’s amendment is practical.

10:28 p.m. Hieftje says he understands the financing issue. He also understands the value of the additional units. He calls Kunselman’s amendment a “poison pill” for the development.

10:29 p.m. Hieftje says that the DDA has thought deeply about this issue and knows more about the parking system than the council does. McDonald suggests that the word “negotiate” should be eliminated from the amendment, because it’s just council’s direction to be followed and nothing would be “negotiated.”

10:30 p.m. Lumm wants the question divided. Designation of the Forest parking structure is one question. The three 5-year extensions are a separate question.

10:34 p.m. First up is the location of the permits. Briere asks Pollay if she understood the amendment to mean that the spaces couldn’t be assigned in the Forest structure. Pollay says the message she is taking away is that the council doesn’t want the spaces assigned in Forest. Eaton says the question should go to Kunselman as to what his intent is. Kunselman says he doesn’t mind if they’re assigned in Forest – and he wants the DDA to have the flexibility to assign them wherever it deems suitable.

10:36 p.m. Petersen and Pollay discuss 10 of the parking permits in use currently by Pizza House.

10:37 p.m. Lumm wants to know if there are implications for the developer’s ability to satisfy the premium requirements.

10:41 p.m. Taylor asks if the location of the parking spaces has an implication for the financing. Spellman indicates the assumption is that the majority percentage would be in Forest. Taylor indicates that he thinks the DDA has already indicated that the spaces are available in Forest. Petersen notes that the council had approved 40 spaces in conjunction with the previous version of the project.

10:43 p.m. Outcome on location amendment: The amendment fails with support only from Kunselman, Eaton, Anglin and Kailasapathy.

10:44 p.m. Now up is the question of three 5-year term extensions.

10:44 p.m. Lumm says she’ll support the amendment, saying she’s not sure why the DDA agreed to the extensions.

10:45 p.m. Hieftje brings Spellman back to the podium. He gets clarification that Opus needs the “capacity” to extend the term for the permits for 30 years. The location for that entire period is not important.

10:46 p.m. About the chances for getting financing without the 30-year term, Spellman says: “It’s zero.”

10:47 p.m. Eaton asks if the project could get financing if the project was parking-exempt. Spellman indicates that if the project were exempt, then it would already be zoning-compliant.

10:50 p.m. Briere wonders what the expectation was for a building becoming compliant with zoning in year 16. McDonald says the policy was to require a minimum for 15 years. The 20% additional payment is to provide an enhancement to the parking system, McDonald says. He notes that the banks are concerned that the building could become out of compliance. He says it was the city that came up with the 15-year requirement.

10:53 p.m. Lumm says that it could kill the project without this parking agreement. McDonald says that the conversations with the developer have been extensive. He points out that the DDA’s initial response to the request of a 15-year extension was to reject that in favor of three 5-year extendable terms.

10:55 p.m. Warpehoski raises a point of order so the council can vote to start its closed session after 11 p.m. The council votes to suspend the rule.

10:56 p.m. Taylor says that it’s “nonsensical” to deny the permits, knowing it would stop the project. “This makes no sense to me,” he says.

10:59 p.m. Kunselman ventures that the previous project was apparently financeable without the parking permit extensions. He says the project won’t get killed because the amendment would be voted down. But afterwards, he would be bringing forth a proposal to kill the CIL program. Hieftje ventures that the vote could go toward killing it.

10:59 p.m. Outcome on amendment on the parking permit extensions: The amendment fails.

11:00 p.m. Lumm worries about eating away at the capacity of the parking system.

11:02 p.m. Petersen says she voted no on Kunselman’s amendment, but wants the CIL program re-examined. She hopes it can be “Zipcar in lieu of parking.” Kunselman said he had no intention, coming into the meeting, of raising these issues, but as he listened, he thought that the fairness issue was important. He allows that the developer might have found the council’s discussion to be scary. “I’m sorry if I scared you, but as we work this through, that’s what we do.”

11:04 p.m. Briere says she’ll bring up this issue with the planning commission, as the CIL program is related to D-1 and premiums. She allows that many in the community would advocate for requiring a developer to provide parking for tenants. The issue needs to be considered carefully, she says.

11:05 p.m. Outcome: The council has voted to approve the site plan for 624 Church St.

11:06 p.m. DB-3 Approve amendment to the contract with Aaron Seagraves as public art administrator ($18,500). This resolution would extend Seagraves’ contract by six months – through June 30, 2014 – and to add $18,500 to his compensation to cover the added term. A total of $20,500 would be appropriated from the balance in the public art fund, with the additional money to cover various expenses. Seagraves is contracted to work an average of 20 hours a week. [For more detailed background, see Public Art Administrator above.]

11:08 p.m. Eaton says he can’t support a continuation of spending funds that were accumulated under the former Percent for Art program. Kailasapathy says that the money in the public art fund balances should be returned to the funds of origin. Lumm notes that she’s previously said she wouldn’t support continued spending of public art money. Her resolution to return about $800,000 to the funds of origin had failed several months ago. She says a “clean break” should be made between the current program and the old program.

11:09 p.m. By the end of 2013, Lumm says, the council was supposed to have a description of the new program. Based on Bob Miller’s remarks that night, Lumm says that it doesn’t appear that has happened.

11:11 p.m. Petersen is getting clarification about what the status of the funds is.

11:12 p.m. Hieftje says that pretty much nothing happens without a staff member. A lot of citizens have put in a lot of time on a lot of projects that are in the works, he says. He asks Bob Miller, chair of the public art commission, if any of the projects could go forward without an art administrator. Miller says: No. Without an art administrator, the public art commission couldn’t function, he says.

11:14 p.m. Petersen says she thinks that money from the streets millage should be returned to that fund. But she sees the need for a public art administrator. This is the last extension of his contract, she says. After this, part of the public art administrator’s job is to raise private funding.

11:17 p.m. Briere is getting an estimate from public services area administrator Craig Hupy of the likelihood of having a private funding mechanism in place by June. Hupy is describing a model where a nonprofit would be formed outside of the city. He ventures that the wastewater treatment facility art project would have 50% private support.

11:20 p.m. Briere says that the idea of leaving the money in the public art fund was to use some of that as a bridge to the new model. She was concerned about how long that might take. She says she thinks an administrator is needed for the next few months, but she didn’t want to see the contract extension for much longer.

11:24 p.m. Kunselman is asking questions about the projects in the works. Hupy says that the East Stadium Bridges artwork had run into some issues with the sustainability of the materials and some modifications had been made. That would come back to the public for review. Kunselman says that he’d made a commitment to following through on the transition. At some point, he allowed, the council has to pull the plug. He felt that the projects left over from the Percent for Art program were a drag on the ability of the city to transition to the new program. Kunselman says it’s also unfair to Seagraves to be subjected to a contract renewal every six months.

11:26 p.m. Eaton suggests a postponement on the contract extension, and that it be brought back with a simultaneous proposal to revise the ordinance to allow the return of money to the funds of origin. Kunselman says if all the money is put back, you can’t pay for the art.

11:27 p.m. Hiefte gets clarification about Eaton’s intent, which is to provide enough money to fund an administrator, but to return the other public art money to the funds of origin.

11:28 p.m. Eaton’s motion to postpone nearly fails for lack of a second. Briere offers the second.

11:31 p.m. Briere ventures that an ordinance can’t be changed in one meeting – because it requires a first and second reading. Hieftje says a resolution could be introduced to direct the preparation of ordinance language. Kunselman asks what the ordinance amendment would do. Answer: It would allow the return of the money to the funds of origin.

11:32 p.m. Warpehoski ventures that the compromise he’s hearing is to take the amorphous wind-down time period of the old public art program and give it some additional structure. Petersen says she doesn’t think the vote needs to be postponed.

11:34 p.m. By way of background here, it requires 8 votes.

11:37 p.m. Eaton is saying that he wants a quid pro quo, a vote in support of the contract extension in exchange for a commitment to return the money to the funds of origin.

11:37 p.m. Teall says she’s not willing to make the deal Eaton is proposing. She says there was not an agreement to end the public art program, but rather to transition to a new approach. She’s disappointed that no nonprofit has been found to take the lead on the private funding component. She says she’ll support the contract tonight.

11:39 p.m. Kunselman says he’ll support the postponement because it continues the dialogue and gives Eaton some time. He appreciates Teall’s sentiments, but says there are other areas that have needs. He compares providing parking for wealthy students in the public parking structure, with a tent out on Stone School Road where people are trying to keep warm. Hieftje says there’s not a single dollar in the public art fund that could be used for human services.

11:41 p.m. Anglin says that art projects that people can actually see would have a positive impact. Anglin supports the postponement.

11:42 p.m. Outcome: The council has voted to postpone extending Seagraves’ contract as public art administrator. Sole dissent came from Teall.

11:42 p.m. DS-1 Waldenwood sidewalk ($6,818). The resolution would authorize the construction budget for a sidewalk from the northeast corner of Penberton Court and Waldenwood northward – to connect to a path leading the rest of the way to the King Elementary School. The council had already authorized $10,000 for the design and public process budget at its Aug. 8, 2013 meeting. A small amount of that was spent. To cover the $16,000 construction cost, an additional $6,818 of general fund money is being requested tonight. [For more detailed background, see Sidewalks: Waldenwood above.]

11:43 p.m. Petersen says she had the same impression as the speaker during public commentary – that the resolution dealt also with the location of the crosswalk. But the crosswalk location is not a part of the resolution. She proposes an amendment to make that clear.

11:46 p.m. Lumm adds that in the many conversations about the sidewalk, concerns had been raised about previous studies. She refers to this email: [email from Mellor]

11:47 p.m. Lumm says she thinks that a sidewalk will provide a good location for kids to be dropped off.

11:47 p.m. Outcome: The amendment proposed by Petersen is approved.

11:49 p.m. Petersen now wants to know how a decision would be made to change the location of the crosswalk if it were changed. Pat Cawley, a project manager for the city, is explaining the process to go through moving a crosswalk in the future.

11:50 p.m. Petersen wants to make sure that the King Elementary School families would have an opportunity to provide feedback on the change to a crosswalk location.

11:52 p.m. Lumm says she thinks all the issues that had previously been raised had been addressed. Lumm inquires about the feedback form from a previous meeting.

11:55 p.m. Outcome: The council has voted to approve the Waldenwood sidewalk construction budget.

11:55 p.m. DS-2 Special assessment resolution #1 for Pontiac Trail sidewalk. This is the first of four steps in the process to impose a special assessment on property owners for a sidewalk on the east side of Pontiac Trail, between Skydale and Dhu Varren Road. The project would also construct a concrete curb and gutter northward from Skydale about 920 feet along the east side of Pontiac Trail and about 1,030 feet along the west side of Pontiac Trail. Those stretches currently don’t have a curb and gutter. [For more detailed background, see Sidewalks: Pontiac Trail above.]

11:57 p.m. Briere explains why the sidewalk is only on one side: It’s not anticipated that there will be demand. If the property owners on the other side in the township are annexed into the city, a sidewalk on that side might be added.

11:58 p.m. Kunselman asked if the city was going to be contributing some percent of the cost. Hupy says there’s no federal or state dollars involved. Kunselman says he has an amendment.

11:59 p.m. Kunselman wants 80% of the cost to be borne by the city. He doesn’t think it’s OK to sometimes provide a portion of the cost and sometimes not – for other projects that are special-assessed.

12:02 a.m. Warpehoski asks for explanation from Hupy about other projects. Hupy explains that for some other projects, state or federal funding is available. Warpehoski ventures that Kunselman’s amendment would establish a new precedent of the city providing funding.

12:05 a.m. Nick Hutchinson, a project manager for the city, clarifies that there would be eight property owners affected by the special assessment.

12:07 a.m. Hieftje agrees with Warpehoski that it would not set a good precedent for a way to fill sidewalk gaps.

12:11 a.m. Kunselman is asking for an estimate for the cost. Hutchinson ventures that it’d be $45,000 for 920 feet. Kunselman stresses that it’s the first step in the special assessment process and doesn’t commit the city. The issue is to let the people know that the city is thinking about them. He says that Pontiac Trail should have federal dollars available and thinks that the city should wait until federal funds are available. Hutchinson says that the surface transportation program is for major streets and Pontiac is a major street, so it’s eligible.

12:13 a.m. Hutchinson says it would be at least 2018 before federal money might be available.

12:13 a.m. Kunselman says it’s an issue of fairness – because Ward 3 residents with a Stone School project would have their project funded with federal monies, but Pontiac Trail wouldn’t. What he’s proposing is to resolve the fairness issue with city dollars.

12:14 a.m. Lumm is concerned about setting a precedent.

12:16 a.m. Hieftje speaks to the issue of fairness by saying that special assessment is the standard way to finance sidewalk construction and always has been.

12:17 a.m. Briere says her immediate reaction to Kunselman’s amendment was to be intrigued by it. It seems to indicate a commitment by the council to filling sidewalk gaps. But Briere says that if the council determines the fallback position is that the city would pay 80%, then she fears that very few sidewalk gaps would be filled.

12:19 a.m. Briere notes that she’s going to a meeting of property owners tomorrow night with property owners on Newport Road who actually want to pay for construction of a new sidewalk.

12:20 a.m. Kunselman notes that Chapter 13, governing special assessment, has been on the books but sidewalks gaps have persisted. Any neighborhood that doesn’t have sidewalks will have this process applied, he contends.

12:21 a.m. Kunselman says we need to show some empathy for taxpayers instead of just saying that the city is going to assess them for a sidewalk.

12:24 a.m. Briere asks Hupy to comment on funding proposals for filling sidewalk gaps.

12:25 a.m. Outcome: Kunselman’s amendment fails with support from only Eaton, Kunselman and Anglin.

12:25 a.m. Outcome: The council has voted to direct the city administrator to prepare plans, specifications and a cost estimate for the Pontiac Trail sidewalk project.

12:25 a.m. DS-3 Approve contract with Transmap Corporation Data Collection Services for the sign inventory and pavement assessment project ($272,490). According to the memo accompanying this resolution, the city needs to do a sign inventory and pavement assessment to meet federal regulations. It will also use the result of the work to improve efficiency in operations and maintenance, capital improvements planning and integrate the results with an asset maintenance management system. According to the memo, both projects – the pavement assessment and sign inventory – can be achieved for about the same cost as each would have cost over the next three years: “By approving the resolution, the City is using technology and market place changes to generate savings.”

12:26 a.m. Outcome: The council has voted to approve the contract with Transmap Corporation Data Collection Services.

12:26 a.m. DS-4 Approve a five-year lease to University of Michigan for city-owned property behind 926 Mary Street ($4,000 annually). The University of Michigan currently leases the 12-15 parking spaces for $225 per month, which translates to an annual cost of $2,700. The lease hasn’t been renewed or re-evaluated since approval of the month-to-month terms by city council in 1987.

12:26 a.m. Outcome: The council has voted to approve the lease with the University of Michigan for the city-owned property on Mary Street.

12:28 a.m. Communications from council. Kunselman says that streetlights on Packard have been repaired all the way from Jewett to Stone School, so he thanks DTE. He also recognizes Seth Best and Caleb Poirer (who are here in the audience) for their cooperation, saying that they’d given assurances that the tent on Stone School Road would be taken down because it’s not in conformance with city code.

12:28 a.m. Clerk’s report of communications, petitions and referrals. Clerk’s report is received.

12:28 a.m. Public comment general time. There’s no requirement to sign up in advance for this slot for public commentary. No one speaks.

12:29 a.m. Closed session. The council votes to go into closed session for discussion of land acquisition and pending litigation.

1:10 a.m. We’re back.

1:10 a.m. Adjournment. We are now adjourned. That’s all from the hard benches.

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

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One of the items is the approval of a $25,550 contract with Atwell LLC for environmental site assessment services to evaluate 2500 S. State St.  That’s the Edwards Brothers Malloy property for which the council is currently exploring options to purchase. The University of Michigan has made an offer to Edwards Brothers to purchase the property for $12.8 million, but the city has a right of first refusal. At its Jan. 6, 2014 meeting, the council directed the city administrator and the city attorney to explore options and gather information. So the site assessment by Atwell is part of that effort. The council is working within a 60-business-day window that began Nov. 27, 2013.

The other two items are related to liquor licenses. The council will be asked to approve a recommendation that the Michigan Liquor Control Commission approve a special downtown development liquor license for the Lunch Room at 407 N. Fifth Avenue. That category of license was made available by the Michigan legislature in 2006 for cities that established districts where such licenses would be granted. The requirements include investment in the rehabilitation of the building that houses the establishment seeking the license, and a determination that the recipient of the license be recommended “above all others.”

And the council will be asked to approve a change in the classification of Silvio’s Organic Pizza license from a Tavern License to a Class C License. A key difference between a Class C license and a Tavern License is that a Class C license allows the sale and consumption of not just beer and wine, but also liquor. Silvio’s is located at 715 N. University Ave.

For a preview of other Jan. 21, 2014 agenda items, see The Chronicle’s report: “Jan. 21, 2014 Ann Arbor Council: Preview.“

The council withdrew objection when The Arena paid all outstanding obligations to the city on April 30, 2013.

The basis of the council’s objection to the renewal, which was made at its March 18, 2013 meeting, had been The Arena’s failure to pay a combined $8,755 of 2011 taxes and an additional default judgment. The default judgment was made in the 15th District Court by then-judge Julie Creal in favor of the city for $1,659. It involved non-payment for police services.

The city’s objection had been forwarded to the Michigan Liquor Control Commission (MLCC) for final action. Because The Arena paid the taxes, the MLCC was willing to extend The Arena’s license, conditioned on the Ann Arbor city council’s withdrawal of the original objection by May 31, 2013.

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

Jane Lumm at the March 6, 2013 hearing on the non-renewal recommendation of The Arena’s liquor license. She served as hearing officer.

The basis of the objection to the renewal, which will now be forwarded to the Michigan Liquor Control Commission for final action, was The Arena’s failure to pay a combined $8,755 of 2011 taxes and an additional default judgment. The default judgment was made in the 15th District Court by then-judge Julie Creal in favor of the city for $1,659. It involved non-payment for police services.

A hearing on The Arena’s liquor license renewal was held on March 6, 2013 – presided over by hearing officer Jane Lumm, who represents Ward 2 on the city council. Based on evidence presented by assistant city attorney Bob West, who called city clerk Jackie Beaudry and city treasurer Matt Horning as witnesses, Lumm concluded that the recommendation of non-renewal should be placed on the March 18, 2013 city council agenda.

Also on March 6, 2013 a hearing was conducted on the non-renewal of the license for Banfield Bar & Grill. Lumm issued a similar verdict on that case, but in the meantime, Banfield paid the taxes owed. So Banfield was on the council’s agenda with three other establishments that were recommended to have their licenses renewed. The three other establishments recommended for renewal by the council on March 18 – all of which had rectified any issues prior to the March 6 hearings – included Aut Bar, Bagger Dave’s Legendary Burgers & Fries, and Café Zola.

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]

According to the staff memo accompanying the resolution, Biercamp intends to brew small batches of beer in growlers for off-site consumption to complement their artisan meats. Sally Petersen (Ward 2) asked if anyone knew what a growler was. Some of her council colleagues explained that it’s a common container – typically a half-gallon jug – for holding draft beer.

A micro brewer license limits the amount of beer produced to no more than 30,000 barrels per year. A barrel is 31 gallons.

The owners of Biercamp had previously hoped for a rezoning of the parcel to allow for the sale of more products not manufactured on site. That rezoning request was ultimately denied by the city council at its Feb. 21, 2012 meeting.

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]

From left: Ann Arbor city councilmembers Tony Derezinski (Ward 2), Jane Lumm (Ward 2) and Stephen Kunselman (Ward 3) as they arrive to the March 19 meeting. Lumm was clearly feeling ill and was encouraged by her colleagues to head home, advice she heeded. (Photos by the writer.)

The council postponed for a second time (without deliberation) a resolution that would direct Ann Arbor’s city attorney to delay enforcement activities against medical marijuana dispensaries, except in limited circumstances. The only reason offered for postponing was to allow the absent councilmembers to participate in that vote. The same resolution had been postponed previously, at the council’s March 5 meeting. On that occasion, other deliberations had pushed the council’s meeting past midnight, and councilmembers had wanted to deal with the issue while they were fully awake.

And the council found itself unable to muster a six-vote majority for any intermediate action on a proposed change to the landscape and screening ordinance – and thus wound up simply defeating it. The changes would have restricted additional landscaping requirements just to those site plans requiring planning commission or city council approval, and would have exempted R4C (multi-family residential) districts from certain buffering requirements. Attempts to amend, postpone and table the resolution all failed on 5-3 votes, one vote short of the majority needed.

Several agenda items highlighted the Ann Arbor police department in some fashion. The council authorized the purchase of four new police vehicles, along with a street sweeper. And a new contract with the command officers union was one of two labor contracts ratified by the council at its meeting – the other was with the firefighters union. Deputy chief John Seto, who’ll be interim police chief when Barnett Jones retires at the end of the month, briefed the council on police activity on St. Patrick’s Day as well as during a severe storm the week before. Seto also was criticized during public commentary for a traffic stop he’s alleged to have made as a patrol officer in the mid-1990s.

The police department was also a key actor in the city council’s action to recommend to the Michigan Liquor Control Commission that the liquor license not be renewed for Dream Nite Club, located on Fourth Avenue in downtown Ann Arbor. At an administrative hearing earlier in the day on that issue, much of the evidence presented by the city was based on police reports or police officer testimony.

In other business, the council approved an upgrade to control room equipment for Community Television Network. The city also added a total of around 160 acres to its greenbelt program, while selling a tiny wedge of property on Summit Street that had a murky history. Also related to land and its use, the city gave final approval to a rezoning request for the Les Voyageurs Society property located near Argo Dam.

The council passed a resolution expressing opposition to pending state legislation, which has already won approval from the Michigan house of representatives, that would allow grass clippings to be dumped in landfills under certain conditions.

The topic of Fuller Road Station emerged during public commentary as well as during remarks at the council table.

And councilmember Stephen Kunselman (Ward 3) alerted his council colleagues that he’d be pressing two issues in the near future: (1) getting a written, public legal opinion from the city attorney regarding the city’s Percent for Art program; and (2) getting a calculation by the city treasurer of the tax capture to which the Ann Arbor Downtown Development Authority is entitled.

Direction on Medical Marijuana

The council considered for a second time a resolution that would direct the city attorney, Stephen Postema, to “delay all enforcement activities against medical marijuana dispensaries and cultivation facilities except for claims that they violate Section 5:50.1(3) of the City Code [zoning regulations], until the Council amends or rejects amendments to the zoning and licensing ordinances for medical marijuana.”

The part of the city code called out for continued enforcement in the resolution, Section 5:50.1(3), specifies the zones in the city where medical marijuana businesses may be located. From the code: “Medical marijuana dispensaries shall only be located in a district classified pursuant to this chapter as D, C, or M, or in PUD districts where retail is permitted in the supplemental regulations. Medical marijuana cultivation facilities shall only be located in a district classified pursuant to this chapter as C, M, RE, or ORL.” [.pdf of Section 5:50.1(3)]

The attempted resolution reflects an ongoing tension between the city’s medical marijuana licensing board and the city attorney’s office.

That tension between the medical marijuana licensing board and the city attorney’s office is highlighted in a statement sent by members of the board to city councilmembers on March 2, which reads in part: “[The city attorney's office] has been aggressively trying to shut [dispensaries] down while we actively try to license them.” The statement goes on to point out that a representative from the city attorney’s office had been present at all of the board’s meetings and that the board’s recommendations had been reported to the city council. But after that, the city attorney’s office had sent out new letters to all dispensaries requesting them to provide information about how their business operates. [.pdf of entire statement from Ann Arbor's medical marijuana licensing board to the Ann Arbor city council]

The attempted council resolution stemmed from a meeting of the city’s medical marijuana licensing board on Feb. 28 that was convened in response to concerns by several dispensary owners, who had received letters dated Feb. 24 from the city attorney’s office. The letters make specific inquiries into several aspects of the business model of dispensaries – in order to assess whether they are in compliance with Michigan’s Medical Marijuana Act. Compliance with the MMMA is a requirement for issuance of a medical marijuana license, and recipients of the letters have license applications pending with the city. Although the legal position of the city attorney appears to be that it’s possible for a dispensary to operate in compliance with the MMMA, no explication of what that model would entail has been set forth publicly.

Among the questions being posed to all dispensaries in the letters is the following: “Does any person or entity deliver marijuana to [Dispensary Name]? If so, does [Dispensary Name] ever pay, donate, or in any way give money to the person or entity who delivers the marijuana or to anyone else? If so, to whom is the money paid, donated, or given and how much?” [.pdf of set of letters]

The city council resolution was sponsored by Sabra Briere (Ward 1), who is the council’s representative to the medical marijuana licensing board. After its Jan. 31, 2012 meeting, the board submitted a required report to the council with recommendations on the issuance of the first dispensary licenses and revisions to the city’s medical marijuana ordinance. The report recommends to the council that 10 dispensaries be issued licenses.

The city council enacted zoning and licensing regulations for medical marijuana businesses at its June 20, 2011 meeting.

The resolution requested that the council decide on recommendations for amendments to the city’s medical marijuana ordinance before June 18, 2012.

Direction on Medical Marijuana: Public Comment

Chuck Ream told the council that he helps operate a medical marijuana dispensary in town that helps a lot of people. He offered councilmembers a pile of medical benefit report forms that they could read and see how medical marijuana can help people. Ream said he’d sent councilmembers an email about the science of medical marijuana, which he described as incontrovertible and conclusive. Right now they can get the medicine to the people, he said.

Ream told the council that the attempt at marijuana prohibition has nothing to do with marijuana, it’s about social control, he said. He told the council, “You guys have done the right thing in the past, even though it’s difficult.” He said he was confident they would do the right thing in the future. He reviewed the voter support for medical marijuana locally – 74% voted in favor of a charter amendment in 2004, he said. The voter-initiated state law in 2008 had enjoyed support of 79% of Ann Arbor voters, he noted. He said he didn’t think apple pie could bring in that kind of numbers.

What’s needed is a legal basis for dispensaries to exist and to be regulated in a reasonable and consistent manner, Ream said. Ann Arbor has demonstrated how that can be done [through its licensing ordinance]. He told councilmembers that they should be proud of themselves. He called the medical marijuana licensing board almost as smart as the council.

Local attorney Dennis Hayes, who represents some of the dispensaries in Ann Arbor, said he thought it would be a long time before he and Thomas Partridge agreed on everything, but he agreed with everything Partridge had said that night. [Partridge spoke about a right to affordable transportation, health care, education and housing. In the past, Partridge has also spoken against the city's initiative to license medical marijuana dispensaries.]

Hayes described the background of the resolution that the council was considering. The issue arose after a letter was sent to dispensaries asking for additional information. And the medical marijuana licensing board had proposed the resolution that was before the council that night. All the questions posed in the letter, Hayes said, were items in the original licensing ordinance drafted back in October 2010.

Those items were removed from the ordinance because it was clear that city couldn’t prevent that information from being disclosed, Hayes said. The licensing ordinance was discussed over a period of time, he said, and it was recognized in the course of that discussion that the city would wind up with information that it couldn’t protect, if the information were collected that’s asked for in the recent letter. Yet the questions have come back, he noted. He stated that it’s inappropriate for the city attorney to ask dispensaries for information that the city can’t protect against disclosure.

Direction on Medical Marijuana: Council Deliberations

Sabra Briere (Ward 1) immediately asked for a postponement of the measure. Mayor John Hieftje said he had no problem with a postponement. Christopher Taylor (Ward 3) asked on what basis Briere wanted to postpone. Briere indicated that some of the absent three members had expressed a desire to participate in the vote on the issue. To give them an opportunity to vote would be “good manners,” she said.

Outcome: The council voted unanimously to postpone the resolution giving the city attorney direction on enforcement of the city’s medical marijuana ordinance.

Liquor Licenses: Dream Nite Club, Rush Street

The council considered resolutions with recommendations concerning the renewal of annual liquor licenses for two downtown bars – Rush Street and Dream Nite Club.

For Rush Street the recommendation was for the Michigan Liquor Control Commission (MLCC) to renew the license, because the bar had finally paid nearly $10,000 in back taxes.

Assistant city attorney Bob West at the liquor license hearing on March 19, 2012.

But for Dream Nite Club, the recommendation approved by the city council was to object to the renewal of that bar’s license. The recommendation was consistent with the finding of hearing officer Tony Derezinski, a city councilmember representing Ward 2 who presided over a hearing earlier in the day on March 19. The hearing was scheduled to begin at 8 a.m., and lasted until the early afternoon.

The March 19 hearing had been set at the council’s March 5 meeting, when councilmembers had passed a resolution with an initial recommendation that liquor licenses for both businesses – Dream Nite Club and Rush Street – not be renewed this year. That initial vote was based on the recommendation of the city council’s liquor license review committee, which met on Feb. 23, 2012 to conclude its annual review of licenses in the city.

Initially, no one appeared on behalf of Rush Street at the March 19 hearing, but later, a representative did appear. Derezinski re-heard the matter and based on the report that back taxes had been paid, which was verified by city treasurer Matt Horning, Derezinski made the recommendation that the council recommend renewal of Rush Street’s license to the MLCC.

[.jpg file of map showing liquor license locations in Washtenaw County] [link to dynamic map showing liquor license locations in Washtenaw County] Note: Maps include all liquor licensees, not just those with on-premise consumption.

Liquor Licenses: Council Deliberations

Tony Derezinski (Ward 2) summarized what had happened at the hearings earlier in the day.

He characterized the rationale for the recommendation against renewing the liquor license for Dream Nite Club as based on numerous complaints and conduct on the premises and violation of state liquor laws. He told his colleagues that the hearing earlier in the day had included testimony from police officers, and a number of police reports had been provided as evidence. He noted that there were two court reporters taking notes – one for the city and one for Dream Nite Club.

Liquor Licenses: Hearings

During the portion of the Monday morning hearing observed by The Chronicle, at least a dozen different Ann Arbor police officers offered testimony, elicited by assistant city attorney Bob West, in support of the city’s contention that Dream Nite Club constitutes a nuisance. Legal counsel for Dream Nite Club – Roger Farinha and Brent Leder – sharply questioned the officers about their reports and the conclusions they drew from what they’d witnessed.

Roger Farinha, attorney for Dream Nite Club, at the March 19 liquor license review hearing.

Objections by Dream Nite Club’s counsel, contending hearsay evidence or a lack of foundation, became routine during the hearing – to the point that on several occasions, a “standing objection” was made to subsequent testimony and introduction of evidence. At one point Leder rose to object that the police officer who was providing testimony was doing so on behalf of another officer who could not attend the hearing, and that the absent officer’s testimony was itself hearsay – which made the testimony double hearsay.

Derezinski’s response to the objections was simply to advise that they were noted; however, he allowed the testimony and the admission of the evidence. During the hearing, assistant city attorney Bob West argued for admission of the evidence and the testimony, saying that the rules of evidence for administrative hearings are different from that for courts of law. From Michigan’s Administrative Procedures Act 306 of 1969 [emphasis added]:

24.275 Evidence; admissibility, objections, submission in written form.
Sec. 75. In a contested case the rules of evidence as applied in a nonjury civil case in circuit court shall be followed as far as practicable, but an agency may admit and give probative effect to evidence of a type commonly relied upon by reasonably prudent men in the conduct of their affairs. Irrelevant, immaterial or unduly repetitious evidence may be excluded. Effect shall be given to the rules of privilege recognized by law. Objections to offers of evidence may be made and shall be noted in the record. …

The general direction of much of the cross examination by Dream Nite Club’s legal counsel mirrored the themes in a federal lawsuit that the owners of the club have filed against the city of Ann Arbor, which is currently pending in the U.S. District Court for the Eastern District of Michigan (Southern Division).

Tony Derezinski presided over the liquor license hearing on March 19, 2012.

The lawsuit, filed on Jan. 17, 2012, names the city of Ann Arbor, Ann Arbor’s police department, chief of police Barnett Jones, city administrator Steve Powers and former city administrator Roger Fraser. [.pdf of the complaint in V.R. Entertainment v. city of Ann Arbor]

The city of Ann Arbor answered the complaint, filing a motion to dismiss the claim. [.pdf of city of Ann Arbor's motion to dismiss] In responding to the city’s motion, V.R. Entertainment (Dream Nite Club) re-asserted its claim. [.pdf of response to motion to dismiss] A motion hearing is scheduled before judge Paul Borman on May 30, 2012.

The lawsuit contends violations of Section 1983 and 1985 of the Civil Rights Act of 1871 as well as violations of the U.S. Constitution – Fourth Amendment (prohibition of unreasonable search and seizure), Fourteenth Amendment (guarantee of due process), and Eighth Amendment (prohibition of unusual punishment). The lawsuit also claims infliction of emotional distress and conspiracy.

The set of facts alleged in the lawsuit includes the following:

10 On or about May 29, 2011, the City of Ann Arbor brought a nuisance action against the Plaintiffs for an alleged altercation and shooting that occurred in the vicinity of the Plaintiffs night club.

11 The fight and shooting in fact occurred on federal government property after the club was closed specifically the United States Postal Service Parking Lot, a property that does not belong to the club and is overseen by federal authorities.

12 The Defendants unjustly sought and obtained without a full hearing and without consideration to the facts a Temporary Restraining Order shutting the Plaintiffs club for several weeks; thereafter, a ‘security receiver’ was appointed to oversee the security at the club.

13 The report that was submitted by the ‘security receiver’ Mr. John Phillips indicated that the problems in the area came allegedly from the parking garage immediately next to the club, not from the club itself, albeit without evidence.

14 Throughout the State Court case, Case No. GCW-11-597-CH and up to the filing of this action, the Defendant Police Department has focused extraordinary police attention on the club without justification, routinely targeting surveillance on the club as evidenced by parked Police vehicles directly in front of the Plaintiffs club.

During the liquor license hearing, AAPD officers were asked under cross examination to comment on the assignment of patrol officers to the general vicinity of the Dream Nite Club. They were also asked to assess the demographic makeup of the crowd at the club.

Liquor License: Outcomes

Derezinski’s conclusion as hearing officer was based on the police reports as well as violations of the Michigan Liquor Control Code. His conclusion was that the city of Ann Arbor had a basis to object to the renewal of Dream Nite Club’s liquor license. For Rush Street, he concluded that the city should have no objection to the renewal. The council handled those issues on separate votes.

Outcome: On separate votes, the council’s unanimously recommended to the Michigan Liquor Control Commission that Rush Street’s license be renewed, but that Dream Nite Club’s license not be renewed. The license renewal will be decided by the MLCC.

Policing in Ann Arbor

Like the Dream Nite Club liquor license renewal, a number of other items at the March 19 council meeting touched on Ann Arbor police department activity. Blair Shelton led things off during public commentary at the start of the meeting – he’d attended the Dream Nite Club liquor license hearing earlier in the day as well.

Shelton had filed a lawsuit in 1995 against the city of Ann Arbor, after he’d been targeted in an investigation and eventually provided blood evidence for DNA testing. He sued for the return of his blood evidence and was successful. The complaint in the lawsuit alleged a set of facts that essentially amounts to racially profiling of Shelton, which is parallel to allegations in the current Dream Nite Club lawsuit. [.pdf of Shelton v. city of Ann Arbor police department]

Policing: Public Commentary

Blair Shelton told the council he was there to talk about the new police chief. By way of background, current chief Barnett Jones will be retiring at the end of the month. Deputy chief John Seto has been appointed interim chief.

Blair Shelton at the liquor license hearing for Dream Nite Club on March 19.

Shelton told the council that before he’d filed a lawsuit against the city in 1995, he’d been pulled over by Seto on Geddes near Forest Hill Cemetery in a brand new Camero. It was around 7 a.m., Shelton said. Seto didn’t say why he’d pulled Shelton over, he said.

Shelton told the council that when he looked at Seto, he thought, “Oh, great, an Asian police officer, I don’t have to worry about any, you know, typical Ann Arbor police.” Shelton then described how Seto had verified that Shelton had a driver’s license, had insurance and was the owner of the vehicle and had no police record. When Shelton asked Seto why he’d pulled him over, Shelton contended that Seto had replied, “You’re a smart guy, you can figure it out.”

Shelton told the council that he had figured it out. He concluded that there is no way Seto should be police chief. He said he’d spoken to many African Americans about trouble they’ve had with the police department, and that Seto’s name came up quite a bit.

Shelton wondered why Barnett Jones was being “pushed out.” He ventured that it was because Jones did not agree with DNA testing of everyone in the city. He said he’d spoken with Jones and liked him. He’d warned Jones that the city will turn on you and make you a scapegoat the first chance they get, he said. He contended that Jones had replied: I’m beginning to see that. Shelton stressed the importance of vetting the new police chief.

Former police chief Carl Ent wasn’t vetted, Shelton said, and it was discovered that he was having sex in the back of a patrol car. Dan Oates was also not vetted properly, he said, and alluded to an occasion when Oates had used his lights and siren in order to catch a plane. Shelton then concluded with an intended reference to city attorney Stephen Postema, saying that if adopting an African American child meant Postema couldn’t be labeled a racist, then he could still be labeled a “slave owner.”

Responding later in the meeting to Shelton’s remarks about chief Barnett Jones, mayor John Hieftje described Jones as his friend and stated that Jones’ decision to retire was entirely personal. The city would get Jones to stay on as chief, if that were possible. Jones’ decision came as a surprise, Hieftje said. He ventured that the deputy chiefs would be glad to have Jones stay on as chief. Jones deserves his time off, Hieftje said.

Policing: Fire, Police Labor Contracts

The council considered a resolution approving new contracts with its firefighters as well as with its police command officers.

The contract with Local 693 of the International Association of Fire Fighters (IAFF) is retroactive to July 1, 2010 and runs through June 30, 2014. Ann Arbor’s firefighters have been working without a new contract since the previous agreement expired on June 30, 2010. Features of the new contract include the restoration of pay to the 2008 level – the union had previously accepted a wage decrease of 3% in order temporarily to preserve jobs. The restoration to previous wage levels will take place over the course of two years, at 1.5% each year.

The contract reduces the food allowance for firefighters, who work 24-hour shifts. The contract also includes a change in the firefighters’ schedule to increase the average number of hours worked from 50.4 to 54. Health care provided under the contract meets the new state mandated hard caps on health care contributions by public employers.

The new contract with the Command Officers Association of Michigan runs retroactively from July 1, 2009 to June 30, 2013. The command officers have been operating without a contract since the expiration of the previous one.

The health care plan in the contract is similar to the health care offered to non-union city staff, with the state of Michigan’s mandated hard cap on the amount that a public employer can contribute to employees’ health care.

The council considered the two contracts on separate votes – they were listed as different items on the agenda. Up first was the contract for the firefighters. Marcia Higgins (Ward 4) said she was pleased to bring the firefighters resolution forward for the council’s labor committee, which has worked hard on it. [In addition to Higgins, others on the labor committee are Sandi Smith (Ward 1), Jane Lumm (Ward 2), Margie Teall (Ward 4), and mayor John Hieftje.] Higgins praised the firefighters union for working to resolve the contract outside the framework of arbitration. She called the agreement a “win-win,” and said she thinks it’s a good contract. She urged other councilmembers to support it.

Christopher Taylor (Ward 3) said he wanted to thank the labor committee for its work – as someone who does not serve on that committee. He also thanked the union for working with the city outside the arbitration process. Mayor John Hieftje complimented the labor committee and the members of the firefighters union. He remarked that this would be the first time in a long time that the city has all of its labor contracts settled. Higgins quickly interjected that this would be true as soon as the command officers contract was approved. When that contract came up as the next item on the agenda, Higgins said she hope this meant there would be labor peace for at least some period of time.

Outcome: The council unanimously approved both labor contracts on separate votes.

Policing: Police Cars

The council considered separate resolutions that authorized the purchase of a total of four police cars from three different vendors: two from Gorno Ford for $49,420; one from Signature Ford for $27,067; and one from Shaheen Chevrolet for $26,081.

The acquisition of the vehicles comes in the context of the city’s planned evaluation of pursuit-rated vehicles from all three major manufacturers in the wake of the retirement of the Crown Victoria, a model that was retired by Ford last year.

Outcome: The council voted without comment to approve the purchase of the vehicles.

Policing: Graffiti

Sandi Smith (Ward 1) said she’d heard a lot about graffiti and that there’s been a lot of dialogue about it. There’d been a commercial building completely cleaned and hit from top-to-bottom within 72 hours of it being cleaned. The issue is “creeping,” She thought it would be a good time to have an update from the police about what the public can do. People are getting very frustrated, she said.

Mayor John Hieftje (left) and deputy chief of police John Seto, who'll serve as interim chief when Barnett Jones retires at the end of March.

When deputy chief John Seto was at the podium to report on St. Patrick’s Day policing issues, mayor John Hieftje asked Seto about the graffiti. As he typically does, Hieftje mentioned the fact that he attends a weekly Wednesday meeting with the city administrator and the police department about crime in the city. Hieftje said he knew that the police department is “engaged on this issue,” saying that graffiti has risen to a higher priority than he’d ever seen. Hieftje said it’s not just an Ann Arbor problem – there’s a surge of graffiti among communities nationwide, he said. And one of the theories for that is that it’s been glorified on the Internet, Hieftje said.

Seto said the police had heard the frustration from citizens and the community. He said there’s a detective assigned to graffiti cases, and the department is trying to combat the problem. There’s a lot of awareness of the issue within the police department, but also in the community, he said. And the department continues to explore all its options.

Smith asked Seto for recommendations for homeowners or business owners. She’s told people to call community standards. Seto allowed that calling community standards is a good option for correcting the situation once the graffiti is there. But it’s also important to be alert so that the police can be notified when perpetrators are doing the graffiti – in the act or soon afterwards, he said.

Policing: Tornado

Sabra Briere (Ward 1) reminded the public that the neighborhood of the broader community had suffered from a tornado. [On March 15, a tornado touched down in the Dexter area, west of Ann Arbor.] She said that who are able should be doing what they can to help rebuild houses, schools, businesses and lives.

Marcia Higgins (Ward 4) reported that on Thursday night [March 15] she’d called city administrator Steve Powers to see how Ann Arbor was faring as a city after the storm. The southwest side (which includes Ward 4, represented by Higgins) got hit really hard. As she was driving home, lightning hit a transformer, and there was a live wire dancing around the street. She’d also watched a garage get hit and a resulting fire. She said that city staff had responded well.

Several “lakes” had formed and were named for the streets where they were located, Higgins said. It was good to see people helping each other, Higgins said, getting cars out of the deep water. There were two firefighters injured, she said, and she hoped the city would get a report that they’re doing better. The staff did a good job and it was quite a display, she said.

During his report to the council, Powers noted that by the luck of nature, the storm on Thursday was less damaging than it could have been. Two firefighters were injured by the live wire Higgins had described earlier. One firefighter had been off-duty until the previous day.

Six roads were barricaded in connection with the storm, Powers said. High-priority roads were chosen for those barricades. There’d been six reports of basements flooding and two property owners had accepted the city’s offer of assistance for catastrophic cleanup. Compared to surrounding communities, Ann Arbor was very fortunate, he said.

Deputy police chief John Seto told the council that between 6-9 p.m. the police department received 64 calls for service, the majority of which were to assist motorists who’d been trapped in the rising water. The police department also assisted the fire department in responding to a structure fire as well as to some smaller fires created by downed wires.

Craig Hupy, interim public services area administrator, also stepped to the podium to respond to councilmember questions about the city’s response to the storm. Briere said that after the storm she’d driven through several low-lying areas. She’d spoken with a crew that was staffing a truck dealing with cleanup efforts, and one of the crew members said next time the city repaves Depot Street, the stormwater pipes should be enlarged. Briere said she had no way to assess whether that was a good idea or a bad idea. But she wanted to know when Depot Street is up for repaving.

Hupy said he didn’t know off the top of his head when Depot Street would be repaved. Generally, he said, stormwater on Depot Street flows to the west. He described a project that had been put in to give some relief in Depot Street and take the water directly to the Huron River. The challenge there is that you have to cross the MichCon site, and the cost of constructing across a contaminated site is so high that the project never went to its full scale. Hupy and Briere agreed that the basic problem is that the area is in the floodplain.

Stephen Kunselman (Ward 3) asked for information on the amount of rainfall. Hupy gave a report out from the city’s rain gauges, but noted there was a possibility that accuracy had been affected due to the hail.

Policing: St. Patrick’s Day

City administrator Steve Powers described the St. Patrick’s day events as also somewhat weather-related, but ventured that the outcome was determined not by luck but by decisions made by police officers on Saturday evening.

Deputy police chief John Seto noted that this year, St. Patrick’s Day fell on a Saturday and came in conjunction with unseasonably warm weather. From the 24 hours from 6 a.m. to 6 a.m., the police department had received 308 calls for service, Seto told the council. By way of comparison to a similar timeframe for the previous week, he said, that’s twice as many. Five arrests were made in which someone was taken into custody, three of which were for fighting.

There was a period of time when the crowd grew to a point where South University Avenue needed to be closed off for the safety of the public, Seto said. Working with the University of Michigan department of public safety, he said, officers were able to clear the street of people in 90 minutes without any major incidents.

Sabra Briere (Ward 1) told Seto she’d begun receiving complaints about debris left from Saturday. She wondered what the role of community standards officers would be in addressing that debris. Briere had alluded to football Saturdays in her question, and Seto described how that’s addressed through the day on a Saturday and on that evening. Seto indicated that community standards officers had gone out to address the St. Patrick’s Day litter on Monday morning.

Stephen Kunselman (Ward 3) asked what kind of people took part in the St. Patrick’s Day revelry – were they students, or did they come into the city from out of town? Seto said the police don’t keep track of whether someone is a student, but said that they were not all students. A lot of visitors came from outside the city, Seto said.

Landscaping Buffer Change

The council considered a resolution that would have made changes in landscaping and land use buffer requirements in the city code. The council had previously postponed the vote from its March 5, 2012 meeting.

The first change would have restricted some requirements that have been added recently just to those plans that require city planning commission or city council approval: (1) providing landscaped islands for every 15 parking spaces; and (2) providing bioretention areas in 50% of the interior landscaping areas. Administrative amendments to existing plans would not trigger the requirements.

The second change would have involved existing requirements to provide buffers between parcels with conflicting land uses. Recent amendments to the code had added requirements that properties in R3 (townhouse dwelling) and R4 (multiple-family dwelling) districts include a buffer along the side and rear property lines if the parcel is immediately adjacent to a property that is principally used or zoned as residential.

The change considered by the council on March 19 would have removed the R4C zoning district from the recently-added land use buffer requirement. The rationale for exempting the R4C sites from the requirement was characterized in the staff memo as due to the fact that the R4C sites “are typically located on small lots in older neighborhoods near downtown. Most R4C lots are too small to accommodate a 15-foot wide conflicting land use buffer along the entire side and rear property lines.”

City councilmembers’ discussion included their interest in first receiving the report of a study committee, which has been looking at possible revisions to the R4C and R2A zoning code. The committee has looked at the issue of establishing maximum lot sizes in R4C districts, to prevent the accumulation of multiple parcels for a single project.

The change had been recommended 6-2 by the planning commission.

Landscape Buffer: Council Deliberations

Sabra Briere (Ward 1) led off deliberations by noting that she’d raised the point at the council’s previous meeting that the focus of the proposed ordinance change is on property zoned R4C. Because the R4C/R2A study committee is still going through its process and has not yet issued its report, Briere was interested in making sure the council did not modify the zoning code to eliminate protections for R4C properties. Briere noted the staff memo had described R4C parcels as generally small, so it would be difficult to apply the code and include a buffer.

However, Briere continued, it’s possible to combine R4C parcels to make a larger site for building. So Briere proposed to include R4C back into the list of zoning classifications that require a buffer. In terms of the actual wording of the proposed change, that meant eliminating the listing of R4 types, of which R4C is one. If all R4 types required a buffer, then R4C would as well.

City councilmembers Sabra Briere (Ward 1) and Tony Derezinski (Ward 2).

It’s worth pointing out that the “amendment” considered by the council with respect to R4C would essentially have taken the proposed revision to the city code and restored it to the status quo.

Marcia Higgins (Ward 4) inquired of Briere when the issue of R4C property might be taken up – after the study committee’s report comes out? Briere allowed that the council might see that report and decide not to revise the buffer requirement at all.

Higgins wanted to postpone consideration until the council sees the study committee report. She felt it would be “cleaner” to handle all the ordinance revisions that were going to be undertaken all in one go, instead of piecemeal. Briere wanted to know if Higgins was making a formal motion to that effect. Higgins said she would move for postponement, but that Briere would need to withdraw the effort to amend the proposal. Her amendment, explained Briere, was a effort to respect the planning staff recommendation to move ahead on the other aspects of the proposed revision – which related to the kinds of projects that trigger the landscaping requirements.

Tony Derezinski (Ward 2) described how a final draft of the R4C study committee is currently being circulated. He agreed with Higgins that it’s better to handle everything together. His own view was that postponing the resolution would be better, and it could then be folded into the broader ordinance revision.

Higgins asked city planner Alexis DiLeo if it would be burdensome to the staff if council postponed the proposed revision. DiLeo indicated that postponing all of the revisions might be burdensome – there’s a somewhat pressing need for some of them, she said. However, with respect to Briere’s proposed amendment, it would not have a very large impact. For the part Briere wanted to amend out, it’s workable to deal with a postponement of a few months, DiLeo said.

Higgins observed that over the years, when the council has done things piecemeal, it’s created some of its own problems. She was less inclined to approve just part of the proposed revision. She said it sounded like, based on Derezinski’s remarks, that the study committee report is coming soon, so she’d support postponing. At that, Briere withdrew her proposed amendment.

Derezinski then moved to postpone the issue until the second meeting in April.

Christopher Taylor (Ward 3) asked if the R4C/R2A study committee would include recommended ordinance changes. Derezinski indicated that it would not include explicit proposed ordinance changes. Rather, it would include the relevant concepts – setbacks, bundling of parcels and the like. That report would go first to the planning commission for drafting of ordinance language.

Based on Derezinski’s description of what would be included in the study committee’s report, Taylor said he would not support postponement. The work of the committee has been hard and difficult, but it’s taken longer than expected, he observed. Clean language is not going to be brought forward in the report. And the city planning staff says some of the revisions being proposed now would be useful now. So let’s get it done, Taylor suggested.

Mike Anglin (Ward 5) indicated he was in favor of postponement and alluded to the hard work of the citizen study committee.

Mayor John Hieftje wanted to know why R4C was not included in the R4 classifications that would require a buffer. DiLeo reviewed how about nine months ago, the ordinance was revised to require the buffer – for R4C as well. Subsequently, the planning staff felt it would be good to remove the R4C area, so that R4C areas could be treated comprehensively. Based on DiLeo’s remarks, Hieftje said he would not support postponement, but would like to go back to consider Briere’s previous amendment.

City councilmember Marcia Higgins (Ward 4).

Higgins expressed her disappointment at the view of Hieftje and Taylor, noting that the council had tasked the committee to do the work, and now a report was a month away from being produced. She felt if the council were not going to see the report for another six to eight months, she’d be less amenable to postponing.

Higgins cited Derezinski’s status as the city councilmember representative to the planning commission, saying that if the city council’s planning commission liaison says it makes sense to postpone, she felt she was willing to support postponement, and she encouraged her colleagues to support postponement as well.

Hieftje pointed out to Higgins that Derezinski had said the report would not contain specific ordinance language. Derezinski, however, followed up by saying that Higgins was “right on the money on this one.” Derezinski recalled how the study committee was first formed with one citizen representative per ward. That was then doubled to two citizens per ward. That doubled the amount of input, Derezinski said. Additional extended meetings were held so that other groups in the community could be included, he said. The council’s resolution didn’t ask for ordinance language from the study committee, he said. Derezinski said no one likes to kick the can down the road – but it’s a short road and a small can, he contended.

Taylor again pointed out the difference between two portions of the proposed revision under the council’s consideration – the portion that refers to R4C and portion that refers to site plan review, which the planning staff indicated would be useful to have in place now.

Anglin mentioned that small R4C parcels near downtown are not the only properties zoned R4C. Briere agreed with Anglin and noted that R4C areas near downtown could be at risk of a consolidation of lots, yielding a large lot where no buffer would be required. She felt it’s premature to go ahead with that portion of the revision that deals with R4C areas, but indicated agreement with Taylor’s point of view, saying that her bias is to go forward with the things that can be done today. Even with the study committee report in hand, she said, it could take a long time before an ordinance revision was drafted.

Outcome on postponement: The vote for postponement failed on a 5-3 vote. Voting for it were Anglin, Smith, Derezinski, Kunselman and Higgins. Voting against it were Briere, Taylor and Hieftje.

The council then returned to Briere’s amendment, which she re-introduced. It would have restored R4C as a zoning classification that required a buffer. Briere said she felt she was not causing conflict by essentially removing a staff-proposed revision to the ordinance. If it needed to be revised in the future, she said, the council could do that.

Derezinski indicated that rather than bounce back and forth, he felt the best way would be to consider the issue in the context of the study committee report, and he asked his colleagues to join him in voting against the amendment.

Taylor said he understood the vote for Briere’s amendment as a vote for the status quo. It does no violence to the ordinance and the consistency principle is maintained, Taylor said. He’d support the amendment. Hieftje said the amendment would continue to protect R4C areas.

Higgins characterized the amendment as yet another example of making changes at the council table when extensive work on a complex project had been done. She said she would not support the amendment or main motion.

Outcome on amendment: The amendment failed on a 5-3 vote. Voting for it were Hieftje, Smith, Briere, Taylor and Kunselman. Voting against it were Anglin, Derezinski and Higgins.

With the main motion back before the council, Briere said she’d take Higgins’ advice and vote no.

Kunselman said he’d also lean toward a no vote. He sought confirmation from the city attorney that all the council’s options would be preserved, even if the council voted down the proposed revisions.

Sandi Smith (Ward 1) indicated that instead of voting it down, she would prefer to table the resolution. [Tabling is functionally similar to postponing, but does not include a specific time at which the council needs to consider the action again. After six months, if a tabled agenda item has not been taken back up, it automatically dies.] So Smith put forward a motion to table the issue.

Higgins pointed out that a tabled item needs to be brought back in six months. She felt that would allow enough time for the planning commission to put together an entire package of recommended revisions based on the R4C/R2A study committee recommendations. Derezinski indicated that he totally agreed with Higgins.

A Community Television Network technician swapped out mayor John Hieftje's microphone during the March 19 meeting.

Briere pointed out that if the revision were simply defeated, they could be brought back to the council in whatever form it’s deemed appropriate. But with a motion to table, the resolution would need to be taken up off the table with exactly the same language that is currently in front of the council. So tabling would be the best outcome only if the council wants to see the same language again in the future.

Kunselman wondered if that night’s agenda could simply be re-opened – with the idea that the council could simply solve its dilemma by taking the item off the agenda. Hieftje, who presides over the meetings, indicated no enthusiasm for getting Smith to withdraw her motion to table, so that Kunselman’s suggestion could be pursued. So he simply told Kunselman there was a motion on the floor to table. Hieftje observed that the council did not seem to be accomplishing very much.

Taylor briefly reiterated his view that there’s part of the proposed revision that has current usefulness, indicating his disinclination to support tabling.

Outcome on tabling: The motion to table failed on a 5-3 vote. Voting for tabling were Anglin, Smith, Derezinski, Kunselman, and Higgins. Voting against it were Briere, Hieftje and Taylor.

On the question of the (unamended) ordinance revision, Hieftje said he wouldn’t support it, because the amendment had not been approved.

Outcome on the main question: The council rejected the ordinance revision on a 1-7 vote. The sole supporting vote was from Taylor.

Les Voyageurs Rezoning

The council considered a resolution to give final approval to a rezoning request and a site plan for an addition to the Habe Mills Pine Lodge – owned by the Society of Les Voyageurs. The rezoning was unanimously recommended for approval by the Ann Arbor planning commission at its Jan. 19, 2012 meeting. It also received initial approval from the city council at its Feb. 21, 2012 meeting.

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

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

Les Voyageurs: Public Hearing

Thomas Partridge stated that he felt the French name of the society illustrated that what was being requested was a decision based on privilege, and claimed that it was related to the society’s connection with the University of Michigan. He called for every rezoning request to be tied to a requirement of paying into a fund to establish adequate and radically expanded affordable housing within the city of Ann Arbor.

Les Voyageurs: Council Deliberations

Responding to Partridge’s comments immediately following his turn at the microphone, mayor John Hieftje described the society’s house as an old house down by the river – not fancy. Hieftje ventured that it was hard to see how it could be criticized.

Stephen Kunselman (Ward 3) noted that he believed there was a regular Sunday night dinner that would provide an opportunity for Partridge to visit and mingle with members of the society. Kunselman also ventured that the society had a backyard chicken permit so they’re doing what they can to maintain the property in a sustainable fashion. It’s a benefit to the society and the whole community to provide the proper zoning, Kunselman said.

Outcome: The council gave unanimous final approval to the Les Voyageurs rezoning.

Greenbelt Acquisitions

The council considered a resolution authorizing the purchase of development rights for two additional properties under its greenbelt program – the Van Natter Farm in Webster Township (about 25 acres for $126,867) and the Boike Farm in Northfield Township (about 136 acres for $502,307). Both owners agreed to make a donation of 20% of the fair market value of the property as part of the deals.

Greenbelt: Related Public Commentary, Council Communication

Kermit Schlansker addressed the council by saying that the government is breaking the Golden Rule – by not planning for the future. By not making material sacrifices that would help our children, we’re not treating our progeny in the way that we’d like to be treated, if we were them. We face a sure prospect of eternal poverty for our grandchildren and grandchildren, he said. As the price of oil grows so high that poor people can’t buy the gasoline they need to go to work, great hardships will follow, he warned. Urban sprawl is not just deplorable, it will become a killer if we don’t start to deal with it.

The only way to reduce energy use to sustainable levels is to use compact housing that reduces energy use by having reduced heating and transportation needs, Schlansker said. Common sense says we should put as much biomass back into the soil as possible, to make it more fertile, yet we ignore these basic concepts of sustainability, he said. He told councilmembers that when they are his age, they might be desperate because of the increased costs for everything. Schlansker reported that he’d attended a recent city forum on sustainability and based on that compared the city’s efforts to using a toothpick to shovel out from a snowstorm.

Schlansker called for a ring of farms around the city that could help feed the city. The starting point should be a series of colloquia, not lectures, he said. He called for an expansion of the city’s energy commission, in order to start implementing that.

Mayor John Hieftje responded to Schlansker’s comments by saying he was glad that Schlansker had mentioned the series of sustainability forums. He contended that the city was, as Schlansker had recommended, planning for local agriculture and doing more in that area than any other city Hieftje was aware of. He alluded to the building of hoop houses on greenbelt properties.

Sabra Briere (Ward 1) followed up later in the meeting on the issue of sustainability, by mentioning that the city is looking at updating its solid waste plan. At some point, she said, that plan will come before the city council. There will be public engagement meetings in May 2012, she said. She ventured that it’s well past time to rewrite the solid waste plan.

During the brief council deliberations about the greenbelt acquisitions, Briere connected the acquisition of the land to Schlansker’s remarks during public commentary. Hieftje observed that the size of the Van Natter property was small, but good for growing food that could be sold at the farmers market.

Sandi Smith (Ward 1) asked for a future update on the finances of the greenbelt program, including the endowment and what the endowment is being used for. [A detailed financial update for the past fiscal year, which ended June 30, 2011, was given at the greenbelt advisory commission's September 2011 meeting.]

Outcome: On separate votes, the council approved both greenbelt acquisitions.

Grass in Landfills

The council considered a resolution supporting the continued maintenance and enforcement of a 1990 statewide ban on adding yard waste, like lawn grass clippings, to landfills.

The city council’s resolution came in opposition to two bills, HB 4265 and HB 4266, passed by the Michigan state house of representatives on March 15 on a 67-40 and 66-41 vote, respectively. Together the bills would allow for yard waste to be added to landfills under certain conditions – when the landfill has a gas collection system and that gas is used in the production of electricity. Ann Arbor’s now-closed landfill uses such a gas collection system, which has produced around 3,000 MWh (mega-watt hour) of electricity a year. [.pdf of analysis of HB 4265 and HB 4266]

The council’s resolution was accompanied by a staff memo contending that methane gas-fueled generation is a less effective way to manage wastes, citing the U.S. Environmental Protection Agency’s municipal solid waste assessment: “Combustion or gasification with energy recovery, or waste-to-energy (WTE), is the environmentally preferable route for mixed solid wastes that are neither recyclable nor compostable.” The council’s resolution cites in situ composting as a more beneficial policy than adding yard waste to landfills in order to create and collect methane gas for electricity generation.

The council’s resolution also criticizes the pending state legislation for creating an “unfair competitive environment for yardwaste resources, impacting current tipfees and pricepoints.” Ann Arbor’s current costs for disposing of waste in a landfill is $24.83/ton, while its composting costs are $19/ton.

Mayor John Hieftje said that the legislation was being pushed by landfill owners. Stephen Kunselman (Ward 3) said that in his past he’d worked as an intern with the city and delivered yard waste. He said the politics of landfills and solid waste are well known.

Outcome: The resolution against putting yard waste into landfills was passed on a unanimous vote of the eight councilmembers present.

Sale of Land Wedge

The council was asked to consider the sale of 877 square feet of city land on Summit Street for $7,500.

The wedge-shaped parcel of land on Summit Street that is being sold by the city.

The parcel apparently had a murky history and was a part of the right-of-way for Wildt Street. Sale of the land to the owner of the immediately adjacent property will allow the new owner to construct a duplex after demolishing a dilapidated nuisance property.

Outcome: The council unanimously approved the land sale.

New Street Sweeper

The council considered a resolution authorizing the purchase of an Elgin street sweeper from Bell Equipment Co. for $175,175. It’s a replacement of a 10-year old sweeper that has required frequent repair over the last two years. The staff memo accompanying the resolution indicates that over the last two years, the old sweeper required maintenance and repairs 82 times with a total cost of more than $104,300.

The old sweeper will be cannibalized for high-value parts to be used by other sweepers in the city’s fleet, all of which are Elgin sweepers. The remaining vehicle shell will be sold as scrap metal.

Outcome: The council voted without comment to approve the purchase of a street sweeper.

Television Upgrades

The council considered a resolution approving a purchase order for $118,620 with VTP Inc. for an upgrade to the Community Television Networkstudio and control room equipment. The equipment will give CTN high-definition video capture capabilities to create television productions and internet content.

Outcome: The council approved the CTN equipment upgrade without deliberation.

Communications and Comment

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

Comm/Comm: Public Art – Attorney Opinion

Toward the end of the meeting, during time reserved for councilmembers to communicate to the public and to their colleagues on upcoming issues, Stephen Kunselman (Ward 3) told his colleagues he’d be bringing forward a resolution that would provide the necessary direction to get a written opinion from the city attorney regarding the legal basis of the city’s public art ordinance. Kunselman contends, along with many others in the community, that the use of dedicated millage funds or fees by the public art program does not conform with Michigan law.

It’s an issue Kunselman has talked about for over two years, but he has never gone as far as to bring a resolution to the council table.

Comm/Comm: DDA TIF Capture

Kunselman also alerted his colleagues to the fact that he’d be bringing forward a resolution related to the computation of the taxes that can be captured by the Ann Arbor Downtown Development Authority in its tax increment finance (TIF) district.

Stephen Kunselman (Ward 3) wrangles his computer power cord at the start of the March 19 meeting.

By way of background, in May 2011 the city pointed out a provision in the DDA ordinance that indicates a limit on the amount of taxes that can be captured, based on the rate of increased taxable value in the DDA TIF district. It resulted in a return of taxes by the DDA to other taxing authorities. It’s an open question as to whether the amount of returned money was correct.

Subsequently, the DDA took a completely different position, saying that the ordinance does not limit TIF capture, and that it had not needed to return the money it had already paid.

One of the other taxing authorities, which has some of its taxes captured under the DDA TIF, is the Ann Arbor District Library. At the library board’s most recent meeting, AADL director Josie Parker indicated that the library’s position has not changed with respect to the interpretation of the ordinance. It’s up to the DDA as to whether they want to have a conversation, she said.

In a phone interview after the library board meeting, Kunselman told The Chronicle that he had not had any communication with Parker about the TIF capture issue.

[For background, see Chronicle coverage: "Library Weighs DDA Excess Tax Decision" and "Column: Tax Capture Is a Varsity Sport"]

Comm/Comm: Fuller Road Station

During public commentary, Rita Mitchell reviewed how the University of Michigan pulled out of a university-city partnership to build a parking structure at the Fuller Road location. [See Chronicle coverage: "UM, Ann Arbor Halt Fuller Road Project"] She felt it’s a good time to reassess where the city is going with the project, and it’s time to have open discussion about it. That discussion, she said, had started the previous Friday in the form of a walkaround on the property across from the current Amtrak station, organized by Sabra Briere (Ward 1). It was great to have members of the city staff there to have a give-and-take discussion about the kinds of things that can happen for rail service to Ann Arbor, she said.

During a walkaround on Friday, March 16, 2012, an Amtrak train pulled into the station as the group of residents and staff were talking.

Mitchell felt that everyone supports non-motorized transportation into town and out of town with less use of cars. But she said the discussion needs to be careful and open – more open than she felt it’s been so far. She then ticked through some questions that she said should be answered: (1) How would a station be funded? (2) Should Ann Arbor own and operate a train station? Does Ann Arbor have the resources to do that? (3) What’s a good design, and what’s the appropriate location? (4) How can the alternative locations be assessed impartially?

Mitchell then indicated some attributes she felt the location of a train station should have: It should support the downtown and the Lowertown area, and provide easy non-motorized access to its location. She suggested a continuation of the dialogue.

Following public commentary, when Mitchell had made her remarks on the location of a new train station, Mike Anglin (Ward 5) took the occasion of the council communications time to address the Fuller Road Station project and Fuller Park – he said he liked to refer to it as Fuller Park because it is a park. He said he wanted to review the four resolutions the council had considered in connection with the project. The very first one, he said, he’d voted for. In November 2009, Anglin said, there’d been additional money appropriated. The specific council votes to which Anglin referred to were these:

• 2009-Aug-17: Ann Arbor city council approves $213,984 of city funds for an environmental study and site assessment. Of that amount, $104,742 was appropriated from the economic development fund.
• 2009-Nov-05: Ann Arbor city council approves memorandum of understanding with UM on Fuller Road Station.
• 2009-Nov-05: Ann Arbor city council authorizes additional $111,228 for environmental study and site assessment.

A subsequent action that Anglin contends is connected to the Fuller Road Station project was taken by the council on June 20, 2011. That was the award of a $1,216,100 construction contract to Hoffman Brothers Inc. The project involves relocating a sanitary sewer south of Fuller Road, and east of the Maiden Lane and East Medical Center Drive intersection.

Standing is councilmember Mike Anglin (Ward 5) as he talks with city administrator Steve Powers before the start of the meeting.

The project includes moving and replacing an 825-foot, 30-year-old section of 60-inch sanitary sewer pipe. It also includes construction of 525 feet of 24-inch stormwater pipe, as well as construction of 925 feet of a new 12-inch water main for service to Fuller Pool. The water main portion of the project will be completed in two phases, the second of which is planned for 2013.

Anglin voted for that contract award at the June 20 meeting, but then brought it back for reconsideration on July 5, 2011 and voted against it. His was the only dissenting vote.

At the council’s March 19, 2012 meeting, Anglin said he felt the city was starting to wade into the water of the project without the council’s approval. He said he was glad that the walkaround had taken place on Friday. But he said that as a council, they are tiptoeing into the water and it’s getting deeper and deeper. He wanted to re-evaluate the whole item so the city doesn’t keep spending staff time on it.

During his own communications, mayor John Hieftje responded to Anglin’s remarks by saying the Fuller Road Station process is ongoing, and there would be council action requested in the next little while. With respect to Anglin’s review of the action to date, Hieftje said, he believed that those expenditures will help secure the $2.8 million federal grant that is part of the federal funding for the a train station.

If you go back and read the record, Hieftje said, the $1.3 million utilities relocation work was a “free-standing effort” that benefited the Fuller Pool area and the UM hospital – and something like 30,000 people in Ward 1. It had been part of the program of utility work for some time, he said. It could have been done this year or next year, Hieftje said, but it was something that the council had decided was a free-standing effort.

Comm/Comm: Warming Center

Alexandra Hoffman made some remarks in support of medical marijuana dispensaries, but told the council she was there to talk about the Imagine Community. She reminded the council that representatives of the community have been coming to council meetings since the fall of 2011, and they’d been talking about the possibility of using the city-owned building at 721 N. Main since December. It would be a simple space, she said, that the city would still own, for the people of Ann Arbor to work on and congregate in. Liability has been an often-voiced concern, she noted, so one of their community, Alan Haber, has suggested that a lease could be signed and the liability could be transferred to her organization. She then showed the council a lease drawn up on poster board to illustrate what elements such a lease might contain.

Hoffman allowed that the winter is over, but the community will continue to work to prepare for next year, she said. There will be a fundraising benefit held on April 1, 2012, after the FestiFools parade, she said. [The April 1 event will be held at Hathaway's Hideaway from 5:30-7:30 p.m.] Every Wednesday from 4-6 p.m. the group has been holding a vigil in front of the old Borders store on East Liberty. She reported that last week a police officer had asked the group to take their banner down: “Let the people in.” Their banner would continue to say that and she hoped that they would not allow Ann Arbor to be turned into a city that silences protest.

Comm/Comm: Access to Knight’s

Mike Anglin (Ward 5) thanked staff for ensuring that businesses along Dexter Avenue will remain accessible during the construction work along that road, including Knight’s restaurant. Knight’s will remain open, he said.

Comm/Comm: Argo Cascades

Christopher Taylor (Ward 3) gave a brief update from the park advisory commission, on which he serves as one of two councilmember representatives. The newly-constructed bypass around the Argo Dam – which has been named the Argo Cascades – is quickly becoming a favorite, he reported. A new bridge is being installed at the entrance. It’ll be poured the following week, he said, so it’s expected to be open again by the middle of April, but is currently closed in connection with the bridge construction. The Border-to-Border Trail segment in that area is also due to be paved by the end of April or the beginning of May, Taylor said.

Comm/Comm: Basic Rights

During public commentary at the start of the meeting, Thomas Partridge said he was there to call attention of the public to the ongoing onslaught against civil rights of Americans, perpetrated by Republican candidates for president. There’s an attempt to deny the basic civil right to affordable transportation, housing, education, and health care, Partridge said, and the denial of those rights is being given the deceptive heading of “budget reductions.”

At the end of the meeting, Partridge called for radical improvement in support of the full range of services that make life worthwhile, including for the poorest members of the community.

Present: Mike Anglin, Sabra Briere, Sandi Smith, Tony Derezinski, Stephen Kunselman, Marcia Higgins, John Hieftje, Christopher Taylor

Absent: Jane Lumm, Carsten Hohnke, Margie Teall

Next council meeting: April 2, 2012 at 7 p.m. in the council chambers at 301 E. Huron. [confirm date]

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The council’s resolution and subsequent notification of the two business meets the requirement of Chapter 109, Section 9:79 of the city code – that a business be notified of the council’s intent to object to the renewal of its liquor license by the Michigan Liquor Control Commission, and that a hearing be convened to afford a business an opportunity to plead its case. [.pdf of Chapter 109 Section 9:79]

Hearings for the two businesses were set for March 19, which is the soonest they could be held – 10 days after notification. The hearing officer will be Tony Derezinski, who chairs the city council’s liquor license review committee. Later that same day, on March 19, the city council will need to make a final recommendation to the MLCC. The MLCC’s deadline is March 31.

The council’s resolution was based on the recommendation of its liquor license review committee, which met on Feb. 23, 2012 to conclude its annual review of licenses in the city. [.jpg file of map showing liquor license locations in Washtenaw County] [link to dynamic map showing liquor license locations in Washtenaw County] Note: Maps include all liquor licensees, not just those with on-premise consumption.

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]