Stories indexed with the term ‘planning commission bylaws’

Ann Arbor planning commission meeting (Aug. 6, 2014): Ann Arbor city planning commissioners took mixed action on a proposed Ann Arbor housing commission (AAHC) property.

They sent the rezoning request for the 3451 Platt Road property – R1C (single-family dwelling district) and R2A (two-family dwelling district) to R4B (multi-family dwelling district) – to the city council with a recommendation of approval. However, commissioners postponed consideration of the site plan for the five-building, 32-unit project, amid concerns about the site’s location in the floodplain and stormwater management.

Zoning and site plan approval must ultimately be given by the city council. However, the zoning approval will require two votes by the council at two separate meetings – because changes to the zoning code are actually changes to a city ordinance. So the delay on the approval of the site plan would not necessarily delay the project, as long at the site plan is put in front of the council for consideration by the time the council takes a second vote on the rezoning.

AAHC is hoping that the zoning and site plan approval can be obtained from the city council by sometime in mid-October, because that will help support a grant application.

Several residents who live near the proposed site spoke against the project during the public hearing on Aug. 6, while advocates for more affordable housing spoke in support of it. That public hearing will be continued when the site plan is next taken up by the commission.

The question of whether those speakers will be allowed to speak again at that same public hearing is the type of issue that was addressed in a different item handled by the commission at its Aug. 6 meeting. The commission approved revisions to its bylaws, including one stipulating that people who have already spoken at a public hearing can speak at a continuation of that public hearing only at the discretion of the planning commission chair – or if a proposal has changed in a material way between the initial portion of the hearing and the continued portion.

Revisions to the planning commission bylaws will be forwarded to the city council for approval. [Full Story]

At its Aug. 6, 2014 meeting, the Ann Arbor planning commission approved revisions to its bylaws related to public hearings.

At the commission’s July 15, 2014 meeting, planning manager Wendy Rampson introduced staff recommendations for changes to the bylaws, which had also been discussed at a July 8 working session. She noted that when revisions to bylaws are being considered, the commission must provide notice at a meeting before that potential action. That public notice happened on July 15.

Planning commissioners had originally adopted similar revisions to their bylaws at a Feb. 20, 2014 meeting. Such revisions require city council approval. However, the city attorney’s office did not forward the Feb. 20 changes to the council for consideration. There was no action … [Full Story]

With five of the nine Ann Arbor planning commissioners present, the commission elected officers for the coming fiscal year, which began on July 1. The action took place at the commission’s July 15, 2014 meeting.

Wendy Woods was unanimously elected to serve as the commission’s chair, replacing Kirk Westphal. She has served as vice chair for the past two years. Ken Clein, who has served as secretary, was elected vice chair, replacing Woods in that position. Westphal reported that Jeremy Peters had expressed interest in serving as secretary, though he did not attend the July 15 meeting. Peters was unanimously elected to that position. None of the officer elections were contested. These three positions make up the commission’s executive committee.

This is … [Full Story]

Ann Arbor planning commission working session (Feb. 4, 2014): Continuing a discussion that began last year, planning commissioners debated two aspects of their bylaws, in preparation for a vote on proposed revisions to those rules at their Feb. 20 meeting.

Most of their discussion at the Feb. 4 working session focused on how the city council interacts with the commission. The issue stems from an episode last year when councilmember Chuck Warpehoski (Ward 5) began to speak during a public hearing on a project in his neighborhood. He hadn’t been aware of the bylaws governing whether councilmembers can formally address the commission.

A similar situation occurred at an ordinance revisions committee meeting later in the year, when councilmember Sumi Kailasapathy (Ward 1) started to address the commissioners during public commentary. In both cases, the councilmembers were told that the commission’s bylaws prevented them from speaking.

The current bylaws state: “A member of the City Council shall not be heard before the Commission as a petitioner, representative of a petitioner or as a party interested in a petition during the Council member’s term of office.”

Jack Eaton (Ward 4) weighed in during the council’s Feb. 3 meeting, stating his view that if councilmembers are involved in a petition that would prevent them from voting on the item at the council meeting, they should be allowed to address the planning commission. “When we get elected, I don’t think we give up our right to petition government,” he said. Eaton asked Sabra Briere (Ward 1), who serves on the planning commission, to convey his point to commissioners as part of their discussion.

During the working session on Feb. 4, some commissioners expressed concern that any time a councilmember addresses the commission, it can be an undue influence on the process. Another concern is whether councilmembers, by forecasting their view in advance of a council vote, could put the city at legal risk. But at least one commissioner had a different view on the issue of constraining councilmembers from addressing the commission. Eleanore Adenekan told commissioners: “It’s like somebody telling me that ‘You can’t walk into this room because you’re black.’”

There seemed to be general consensus that the current bylaws are unclear, and a proposed revision is intended to simplify the issue: “A member of the City Council shall not be heard before the Commission during the Councilmember’s term in office.”

Briere advocated for additional training of councilmembers, regarding what’s appropriate in these contexts. When the council takes up ethics issues later this year, she said, the issue of communicating with city boards and commissions will be one of the topics. “I call it How to Behave in Public,” Briere said.

Commissioners also discussed revisions to the bylaws related to public hearings. Some of the changes relate to whether someone can speak more than once at the same public hearing, when it is continued over multiple meetings. This situation arose last year during a public hearing on the downtown zoning review. Bonnie Bona cautioned other commissioners against changing the bylaws in ways that are “just making ourselves look more closed.” Some commissioners countered that the bylaws also allow for a majority vote to modify or waive the limitations, if necessary. [.pdf of current planning commission bylaws] [.pdf of Feb. 20 staff memo and proposed revisions]

The commission’s Feb. 20 meeting – held on a Thursday, rather than the typical Tuesday, because of scheduling due to the Presidents Day holiday – has a light agenda. In addition to the bylaws, the only other action item is a proposed rezoning of 2.02 acres at 2225 Traverwood Drive, adjacent to the Stapp Nature Area. Developer Bill Martin is donating the land to the city, and the proposal would rezone it to public land. [Full Story]

Editor’s note: This “Live Updates” coverage of the Ann Arbor city council’s Feb. 3, 2014 meeting includes all the material from an earlier preview article published last week. We think that will facilitate easier navigation from live-update material to background material already in the file.

The most significant item on the council’s Feb. 3, 2014 agenda is listed last – a resolution that would authorize the city administrator to exercise the city’s right of first refusal to purchase the 16.7-acre Edwards Brothers property on South State Street. The council could adjust the order of the items at the start of the meeting.

Two new ordinances will also be given initial consideration at the Ann Arbor city council’s Feb. 3 meeting. One involves public art – which relates to leftover business from the council’s previous meeting. The second proposed new local law involves prohibitions against smoking in some public places.

Background on the possible acquisition of the Edwards Brothers property includes the fact that 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 on the property as a condition of a tax abatement granted by the city council three years ago, on Jan. 18, 2011.

The resolution on tonight’s agenda approves the exercise of the city’s right of first refusal, appropriates necessary funds, and directs the city administrator to notify Edward Brothers Malloy about the exercise of the city’s right.

This effort began at the council’s Jan. 6, 2014 meeting, when councilmembers had directed the city administrator and the city attorney to explore options and gather information about the Edwards Brothers land. The due date for that gathering of information was specified in the council’s resolution as Jan. 30.

Public art is actually the topic of two separate items on the council’s agenda. One is a contract extension for the city’s part-time public art administrator, which had been on the council’s Jan. 21, 2014 agenda, but was postponed at that meeting.

The postponement took place in the context of a political horse trade offered by Jack Eaton (Ward 4) at the council table on Jan. 21. Eaton indicated he’d support the public art administrator’s contract extension at the council’s subsequent meeting – but only if the council would move toward returning as-yet-unallocated money set aside during the now defunct Percent for Art program to its funds of origin (e.g., sanitary sewer fund, street millage fund etc.).

Both elements of the horse trade are scheduled for the Feb. 3 meeting. The move toward returning money out of the public art fund takes the form of initial consideration of an amendment to the city’s public art ordinance. The ordinance amendment, sponsored by Jane Lumm (Ward 2), would allow the council to return money accumulated under the city’s former Percent for Art program to the funds from which that money was drawn. The ordinance change would need a second and final council vote at a subsequent meeting to be enacted. Any transfer of public art money would require separate council action after the potential ordinance change.

Also getting initial consideration on Feb. 3 will be a new ordinance that would prohibit smoking in specific outdoor public areas. Made punishable through a $50 civil fine would be smoking within 20 feet of: (1) bus stops; (2) entrances, windows and ventilation systems of the Blake Transit Center; and (3) entrances, windows and ventilation systems of any city-owned building. The ordinance amendment would also authorize the city administrator to have signs posted designating certain parks or portions of parks as off limits for outdoor smoking.

In another item on its Feb. 3 agenda, the council will consider approval of a $398,703 contract plus a $40,000 contingency with Hubbell Roth & Clark Inc. to reconstruct Geddes Avenue from Huntington to Huron Parkway. The project, which includes five components, is scheduled to start in the spring of 2015 and may continue through 2016. The five components of the project are: reconstruction of Geddes, sanitary sewer on Geddes, sanitary sewer on Dover Place and Riverview, storm sewer on Geddes, and water main on Dover Place and Riverview.

Also on the council’s Feb. 3 agenda is a proposed expansion for Germain Motors – an auto dealership on South State Street, formerly Howard Cooper Imports.

The council will also consider setting a hearing date for one establishments that could potentially be recommended for non-renewal of its liquor licenses for non-payment of taxes: Banfield’s Bar & Grill.  Also originally on the list were  The Arena,  and Café Zola, but as of Monday morning, Feb. 3 they’d been removed. Those three businesses were also subject to the same scrutiny last year, and all eventually paid their taxes without having their licenses revoked.

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

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

Updated Friday, Jan. 31: An item authorizing the city’s right of first refusal to purchase the Edwards Brothers property on South State Street has been added to the agenda.

Two new ordinances will be given initial consideration at the Ann Arbor city council’s Feb. 3, 2014 meeting. One involves public art – which relates to leftover business from the council’s previous meeting. The second proposed new local law involves prohibitions against smoking in some public places.

Public art is actually the topic of two separate items on the council’s agenda. One is a contract extension for the city’s part-time public art administrator, which had been on the council’s Jan. 21, 2014 agenda, but was postponed at that meeting.

The postponement took place in the context of a political horse trade offered by Jack Eaton (Ward 4) at the council table on Jan. 21. Eaton indicated he’d support the public art administrator’s contract extension at the council’s subsequent meeting – but only if the council would move toward returning as-yet-unallocated money set aside during the now defunct Percent for Art program to its funds of origin (e.g., sanitary sewer fund, street millage fund etc.).

Both elements of the horse trade are scheduled for the Feb. 3 meeting. The move toward returning money out of the public art fund takes the form of initial consideration of an amendment to the city’s public art ordinance. The ordinance amendment, sponsored by Jane Lumm (Ward 2), would allow the council to return money accumulated under the city’s former Percent for Art program to the funds from which that money was drawn. The ordinance change would need a second and final council vote at a subsequent meeting to be enacted. Any transfer of public art money would require separate council action after the potential ordinance change.

A third public art item is expected to be on the agenda as an item of communication – the annual public art plan for fiscal 2015, which was approved by the Ann Arbor public art commission at its Jan. 29 meeting. It lists projects that are underway, as well as potential new projects for the coming year.

Also getting initial consideration on Feb. 3 will be a new ordinance that would prohibit smoking in specific outdoor public areas. Made punishable through a $50 civil fine would be smoking within 20 feet of: (1) bus stops; (2) entrances, windows and ventilation systems of the Blake Transit Center; and (3) entrances, windows and ventilation systems of any city-owned building. The ordinance amendment would also authorize the city administrator to have signs posted designating certain parks or portions of parks as off limits for outdoor smoking.

In another item on its Feb. 3 agenda, the council will consider approval of a $398,703 contract plus a $40,000 contingency with Hubbell Roth & Clark Inc. to reconstruct Geddes Avenue from Huntington to Huron Parkway. The project, which includes five components, is scheduled to start in the spring of 2015 and may continue through 2016. The five components of the project are: reconstruction of Geddes, sanitary sewer on Geddes, sanitary sewer on Dover Place and Riverview, storm sewer on Geddes, and water main on Dover Place and Riverview.

Also on the council’s Feb. 3 agenda is a proposed expansion for Germain Motors – an auto dealership on South State Street, formerly Howard Cooper Imports.

The council will also consider setting a hearing date for three establishments that could potentially be recommended for non-renewal of their liquor licenses for non-payment of taxes: The Arena, Banfield’s Bar & Grill, and Café Zola. The three businesses were also subject to the same scrutiny last year, and all eventually paid their taxes without having their licenses revoked.

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