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

Ann Arbor city council action came at its May 5, 2014 meeting.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

And third, the council will consider final approval for the rezoning of land that’s been donated to the city by developer Bill Martin, founder of First Martin Corp. The 2.2-acre parcel at 3301 Traverwood Drive is being added to the adjacent Stapp Nature Area, near the Leslie Park golf course.

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

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

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

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

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

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

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.

Public Hearings

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

Public Hearing: FY 2015 Budget

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

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

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

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

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

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

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

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

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

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

Public Hearing: FY 2015 Community Service Fees

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

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

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

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

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

FDD Contract

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

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

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

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

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

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

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

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

Land Use

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

Land Use: Initial Approval – Drive-Thrus

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The two-story house at 515 Oxford includes two one-story wings. It is currently a rental property with three units – a studio apartment, one-bedroom apartment, and four-bedroom apartment – and a maximum occupancy of 8 people. One of the units is in a former garage.

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

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

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

Land Use: Stapp Nature Area

The council’s May 5 agenda includes a resolution giving final approval to rezoning of land that’s been donated to the city by developer Bill Martin, founder of First Martin Corp. The 2.2-acre parcel at 3301 Traverwood Drive is being added to the adjacent Stapp Nature Area, near the Leslie Park golf course.

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

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

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

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

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

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

Parks

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

Parks: Play Equipment

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

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

Parks: Mowing/Snow-Removal

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

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

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

Sidewalks

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

The total amount to be special assessed for the Newport Road project is $49,746 – the entire cost of the project. But residents of the Newport Creek Site Condominium – who would not ordinarily be assessed, as their property isn’t adjacent to the sidewalk – have volunteered to contribute $10,228 to the project to help offset their neighbors’ assessments. Details of that arrangement are being finalized. The work is planned to be coordinated with a road resurfacing project for Newport Road, from Sunset to just south of Bird Road.

Newport Road sidewalk stretch.

Environmental Commission Appointments

Appointments to the city’s environmental commission (EC) are on the May 5 agenda, having been postponed at the council’s April 21 meeting. All three that appeared on the April 21 agenda were reappointments for currently serving members of the EC: Kirk Westphal, David Stead, and Susan Hutton.

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

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

Stead was among the first members to be appointed, on Sept. 18, 2000 – after the council established the commission in a resolution approved on April 3, 2000. And he has served continuously since that initial appointment. Stead also served on the city council representing Ward 5 from April 1993 through November 1994.

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

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

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

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

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

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

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

Deer Herd Management

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

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

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

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

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

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

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

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

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

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

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

6:33 p.m. Pre-meeting activity. The scheduled meeting start is 7 p.m. Most evenings the actual starting time is between 7:10 p.m. and 7:15 p.m.

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

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

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

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

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

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

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

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

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

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

7:09 p.m. Approval of agenda.

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

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

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

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

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

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

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

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

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

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

7:25 p.m. Communications from council.

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

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

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

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

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

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

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

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

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

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

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

7:43 p.m. Public hearings. All the public hearings are grouped together during this section of the meeting. Action on the related items comes later in the meeting. Tonight’s agenda features five public hearings.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

8:08 p.m. Approval of minutes.

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

8:08 p.m. Consent agenda. This is a group of items that are deemed to be routine and are voted on “all in one go.” Contracts for less than $100,000 can be placed on the consent agenda. This meeting’s consent agenda includes:

• CA-1 Street Closing: East Washington for the Ann Arbor Book Festival on June 21.
• CA-2 Street Closing: East Liberty for Sonic Lunch on Aug. 21.
• CA-3 Street Closing: Several neighborhood streets for the 2014 Glacier Area Homeowners Association Annual Memorial Day Parade on May 26.
• CA-4 Approve March 27, 2014 recommendations of the Board of Insurance Administration.
• CA-5 Transfer delinquent fees to the July 2014 city tax roll.

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

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

8:08 p.m. B-1 Stapp rezoning This item gives final approval to rezoning of land that’s been donated to the city by developer Bill Martin, founder of First Martin Corp. The 2.2-acre parcel at 3301 Traverwood Drive is being added to the adjacent Stapp Nature Area, near the Leslie Park golf course. [For background, see Land Use: Stapp Nature Area above.]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

10:21 p.m. We’re back.

10:21 p.m. Adjournment. We are now adjourned. That’s all from the hard benches.

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

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

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

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

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

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

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

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

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

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

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

Second, the council will consider giving initial approval to a rezoning request and area plan for 515 Oxford, to convert a house for use as an annex to the Delta Gamma sorority. The main sorority house is located nearby at 626 Oxford. The request, supported by the city’s planning staff, is to rezone the parcel from R4A (multi-family dwelling) to R2B (two-family dwelling and student housing).

And third, the council will consider final approval for the rezoning of land that’s been donated to the city by developer Bill Martin, founder of First Martin Corp. The 2.2-acre parcel at 3301 Traverwood Drive is being added to the adjacent Stapp Nature Area, near the Leslie Park golf course.

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

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

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

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

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

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.

Public Hearings

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

Public Hearing: FY 2015 Budget

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

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

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

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

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

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

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

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

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

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

Public Hearing: FY 2015 Community Service Fees

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

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

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

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

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

FDD Contract

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

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

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

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

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

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

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

Land Use

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

Land Use: Initial Approval – Drive-Thrus

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The two-story house at 515 Oxford includes two one-story wings. It is currently a rental property with three units – a studio apartment, one-bedroom apartment, and four-bedroom apartment – and a maximum occupancy of 8 people. One of the units is in a former garage.

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

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

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

Land Use: Stapp Nature Area

The council’s May 5 agenda includes a resolution giving final approval to rezoning of land that’s been donated to the city by developer Bill Martin, founder of First Martin Corp. The 2.2-acre parcel at 3301 Traverwood Drive is being added to the adjacent Stapp Nature Area, near the Leslie Park golf course.

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

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

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

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

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

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

Parks

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

Parks: Play Equipment

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

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

Parks: Mowing/Snow-Removal

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

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

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

Sidewalks

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

The total amount to be special assessed for the Newport Road project is $49,746 – the entire cost of the project. But residents of the Newport Creek Site Condominium – who would not ordinarily be assessed, as their property isn’t adjacent to the sidewalk – have volunteered to contribute $10,228 to the project to help offset their neighbors’ assessments. Details of that arrangement are being finalized. The work is planned to be coordinated with a road resurfacing project for Newport Road, from Sunset to just south of Bird Road.

Newport Road sidewalk stretch.

Environmental Commission Appointments

Appointments to the city’s environmental commission (EC) are on the May 5 agenda, having been postponed at the council’s April 21 meeting. All three that appeared on the April 21 agenda were re-appointments for currently serving members of the EC: Kirk Westphal, David Stead, and Susan Hutton.

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

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

Stead was among the first members to be appointed, on Sept. 18, 2000 – after the council established the commission in a resolution approved on April 3, 2000. And he has served continuously since that initial appointment. Stead also served on the city council representing Ward 5 from April 1993 through November 1994.

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

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

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

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

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

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

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

Deer Herd Management

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

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

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

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

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

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

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

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From left: Ann Arbor planning commissioners Eleanore Adenekan, Diane Giannola and Bonnie Bona. (Photos by the writer.)

Commissioners had debated the proposed revisions at a Feb. 4, 2014 working session. Some of the same issues were raised during the Feb. 20 discussion, which was relatively brief.

One revision clarifies the limitations on a city councilmember’s interaction with the commission. The revised section states: “A member of the City Council shall not be heard before the Commission during the Councilmember’s term in office.” The intent is to prevent undue influence on the commission, and to avoid the possibility of legal action against the city.

Other revisions affect speaking turns at public hearings. The intent is to clarify how many turns the same person can speak at a public hearing, and how public hearings are continued if an item is postponed.

In other action, commissioners recommended rezoning a parcel on the city’s north side to public land (PL). The 2.2-acre site at 3301 Traverwood Drive, donated to the city by developer Bill Martin, is being added to the adjacent Stapp Nature Area, near the Leslie Park golf course. It was originally zoned R4D (multi-family dwelling) and had been part of a larger site that’s being developed with an apartment complex.

During communications, Kirk Westphal reported on a project that the environmental commission is working on: a neighborhood mini-grant program. Volunteers would coordinate a competitive grant program for community groups, who could apply to fund projects that address one of the city’s goals in its sustainability framework. That’s in the planning stages, he said.

Westphal also distributed a copy of a resolution recently passed by the city’s energy commission. It supports a recommendation to hire a full-time employee to focus on projects that help achieve goals in the city’s climate action plan. Westphal indicated that the planning commission’s executive committee would be discussing it. The energy commission would like a supporting resolution from the planning commission.

Commissioners also heard from two Skyline High School students, who spoke during public commentary as part of a class assignment. They talked about the importance of the Huron River and of the Huron River Watershed Council‘s River Up project. The planning commission’s work plan includes looking at how to implement recommendations from city’s North Main Huron River corridor task force.

Revisions to Bylaws

Revisions to the bylaws of the planning commission were on the Feb. 20 agenda. The changes related to two issues: how city councilmembers interact with the commission, and public hearings. [.pdf of staff memo and proposed revisions at start of Feb. 20 meeting]

In giving the staff report, planning manager Wendy Rampson recalled that the issue of public hearings had emerged last fall, when a public hearing for revisions to downtown zoning had continued over several meetings.  The issue about whether the same person could speak multiple times during the same public hearing – even if that hearing was held during different meetings – had been debated by commissioners on Oct. 15, 2013, during the middle of a public hearing on the downtown zoning changes.

Subsequently, a proposed revision related to this issue in the bylaws was brought forward by commissioner Jeremy Peters on Nov. 6, 2013, but no vote was taken.

On Feb. 20, Rampson reviewed the sections that were affected by the proposed revisions. She noted that the bylaws, if approved, would allow the commission to waive the limitation on speaking turns and allow the public hearing to carry over to the next meeting.

Here’s the draft proposed at the beginning of the Feb. 20 discussion [added text in italics, deletions in strike-through]:

Article VIII Public Hearings

…

Section 3. An individual wishing to address the Planning Commission during a public hearings may speak for up to three (3) minutes in total. The first person identifying him/herself as the petitioner, or as a person representing the petitioner, or representing an organized neighborhood group registered with the City of Ann Arbor, may speak for five (5) minutes in total. Subsequent speakers identifying themselves as the petitioner, or as a person representing the petitioner or representing an organized neighborhood group, may speak for three (3) minutes in total. The commission may, by majority vote, modify or waive the limitations made within this section. The Chair may extend the speaking time further at his/her discretion.

…

Section 5. At the discretion of the Chair, or by vote of a majority of the members present, public hearings may be continued to another date meeting, but will not be deemed to be a new hearing but a continuation of the original.

Regarding the other bylaws change related to interactions with councilmembers, Rampson reminded commissioners that this proposed revision had been suggested following a discussion at the commission’s Feb. 4, 2014 working session.

The revised section states:

Section 9. 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 Councilmember’s term in office.

No one spoke during the Feb. 20 public hearing on these proposed revisions.

Revisions to Bylaws: Commission Discussion – Public Hearings

Bonnie Bona said she struggled with the proposed revisions to both sections, but particularly with the section related to public hearings, “mostly because I didn’t want to give any perception of tightening or restricting public input.” But based on the commission’s previous discussions, she agreed with the need to create consistency with the city council’s practice.

Ann Arbor planning commissioners Jeremy Peters and Sabra Briere.

She also liked the fact that the revisions put in writing that the commission can waive the restriction and allow people to speak more than once during the same public hearing. That’s been the practice of the commission, she noted, but it hasn’t been written down. She thought the changes were clarifying and would offer guidance for future commissions.

Jeremy Peters told commissioners that the whole idea behind these revisions was to provide clarity and to match what happens at city council meetings, though he thought that the planning commission bylaws would now be clearer than the council rules. He said he wasn’t trying to force through these changes, and he didn’t have a strong opinion about them. He was just hoping to add clarity.

Sabra Briere read aloud from a portion of the staff memo accompanying the proposed revisions: ”The proposed changes clarify that public hearing speaking time is limited to a total of 3 minutes (or 5 minutes for registered organizations) for an item, with the opportunity for the commission to waive the limitation via a majority vote. This would allow for the commission to maximize discussion time on certain postponed items, but still allow for public commentary in situations where a petition or proposal has changed from the time of the original public hearing.”

Briere said she took that as a goal statement, to allow people to speak again if a petition has significantly changed. But she noted that when she read the proposed revisions for Section 5, she was having a hard time reconciling that with the goal statement – because Section 5 states that a person can’t speak again at the same public hearing.

Peters thought the last sentence in Section 3, which allows the commission to waive its rules, would address Briere’s concerns. He had proposed Section 5 to clarify when a public hearing begins and when it ends – because that hadn’t been clear in either the planning commission’s bylaws or the city council rules.

Kirk Westphal said the fact that Section 5 comes after Section 3 seems to undo the waiving of rules.

So Peters then proposed an amendment, to remove the last sentence of Section 3 and move it into a new, separate Section 6. He originally proposed that the new Section 6 would apply to the entire Article VIII of the bylaws, but accepted a friendly amendment offered by Briere to limit its application to Sections 3 and 5.

Section 6: The commission may, by majority vote, modify or waive the limitations made within Sections 3 and 5.

Outcome on amendment: Commissioners unanimously approved the amendment creating a new Section 6.

Westphal noted that during public hearings, the commission will need to be mindful that if an agenda item is postponed and the public hearing is carried over, the commission will need to provide the public with notice that they’ll have the option of speaking again at a future meeting.

Commissioners then voted on these revised bylaws, as amended:

Section 3. An individual wishing to address the Planning Commission during a public hearings may speak for up to three (3) minutes in total. The first person identifying him/herself as the petitioner, or as a person representing the petitioner, or representing an organized neighborhood group registered with the City of Ann Arbor, may speak for five (5) minutes in total. Subsequent speakers identifying themselves as the petitioner, or as a person representing the petitioner or representing an organized neighborhood group, may speak for three (3) minutes in total.

…

Section 5. At the discretion of the Chair, or by vote of a majority of the members present, public hearings may be continued to another meeting, but will not be deemed to be a new hearing but a continuation of the original.

Section 6. The commission may, by majority vote, modify or waive the limitations made within Sections 3 and 5.

Outcome on public hearing revisions: Commissioners unanimously approved these revisions.

Revisions to Bylaws: Commission Discussion – Councilmember Interactions

Commissioners had debated at some length the proposed bylaws revisions at a Feb. 4, 2014 working session, discussing the issue of council interactions. The Feb. 20 discussion was relatively brief.

Kirk Westphal, chair of the Ann Arbor planning commission.

Jeremy Peters thought it was best for city councilmembers to manage their own conflicts of interest, and to avoid the legal issues that might arise from jumping in front of the city’s due process. The change prevents the city from the possibility of being sued, he said, so he supported the proposed revisions.

Sabra Briere said she had tried to come up with a situation in which the proposed Section 9 would be a problem, but she couldn’t come up with one. She could imagine that a situation might occur at the city’s historic district commission, where someone might want to come and present their case. But HDC operates much more independently of council than some other boards or commissions, she said, even though HDC members are also appointed by the council.

She couldn’t recall a time when a single-family homeowner came to the planning commission with a petition. It had occurred at the zoning board of appeals, but not the planning commission. Typically, items that come before the planning commission are brought forward by developers of large parcels, she said.

“I’m looking for the unintended consequences of this [bylaws] change,” she said. Briere asked whether any other commissioners or staff could recall the kind of situation that she had described. No one offered any examples.

Kirk Westphal cited a hypothetical situation in which a councilmember might request a rezoning, and would have to be recused from voting on the issue at council. So should they be given the opportunity to speak to the planning commission? He could imagine such a scenario, and wondered if the bylaws should include some kind of “release valve” to allow commissioners to waive the rule.

Diane Giannola recalled the HDC bylaws, saying that if you serve on the HDC, you can’t be a petitioner in front of that body. She drew a comparison to city councilmembers, saying they wouldn’t be able to bring a petition to the planning commission as long as they serve on the council.

Giannola was referring to Section 8 of the HDC bylaws [.pdf of HDC bylaws] :

Section 8. A Commissioner shall not be heard before the Commission as an applicant, representative of an applicant, or as a party interested in an application during the Commissioner’s term of office.

Regarding petitions to the planning commission, Briere responded that there were other options – for example, your spouse or lawyer could bring forward a petition. “It’s just that you the councilmember may not appear in front of the planning commission representing yourself on an issue that’s to be determined by the planning commission.” She could imagine a situation in which someone who is a developer is elected to the council. In that case, any petitions from the person would require representation by an architect, attorney, or someone else on the development team.

Planning manager Wendy Rampson recalled that many years ago, the mayor of Ann Arbor at that time was a developer – it was so long ago that “I think there were Republicans on the council at that time,” she quipped. [She was referring to Lou Belcher, a Republican who served as mayor from 1978 to 1985.] His projects came before the planning commission, but Rampson couldn’t recall whether he addressed the commission in those instances.

Peters agreed that the option exists for a councilmember to be represented by someone else, if an item that involves them comes before the planning commission. He hoped that councilmembers would choose not to come before the commission anyway, even if the bylaws didn’t explicitly ban it. But this change would make the rules straightforward and clear, he said.

The vote was then taken on this revised section:

Section 9. A member of the City Council shall not be heard before the Commission during the Councilmember’s term in office.

Outcome: The revisions to planning commission bylaws on council interactions were unanimously approved. Any changes to the bylaws are also subject to review by the city attorney’s office and approval by the Ann Arbor city council.

Rezoning Donated Land

The Feb. 20 agenda included a resolution recommending that the city council rezone land that’s been donated to the city by developer Bill Martin, founder of First Martin Corp. The 2.2-acre parcel at 3301 Traverwood Drive is being added to the adjacent Stapp Nature Area, near the Leslie Park golf course. The recommendation is to rezone it as public land.

Land donated by Bill Martin to the city of Ann Arbor indicated in red outline, south of Stapp Nature Area.

Katy Ryan, an intern with the planning unit, gave the staff report. She noted that city staff have recommended that the donated parcel be rezoned from R4D (multi-family dwelling) to PL (public land). The land spans from Traverwood Drive and to the Leslie Park golf course, south of Huron Parkway. The land expands a corridor of natural areas and parkland. Stapp Nature Area, a 8.11-acre property with a mature native forest and small vernal pool, is adjacent to Tuebingen Park and has a connection to Leslie Woods.

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

First Martin has committed to creating a pedestrian access from the apartment complex to the nature area, which will be formalized with an access easement, Ryan said. Staff is working to determine the exact route.

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

No one spoke during a public hearing on this item.

Rezoning Donated Land: Commission Discussion

Jeremy Peters applauded Bill Martin for donating the land, saying that he hoped others would be receptive to doing this kind of thing in the future.

Bonnie Bona asked when the PROS plan will be updated. Planning manager Wendy Rampson replied that Amy Kuras, the city’s park planner, is close to starting the next review and update. The state requires that the plan be updated every five years, in order for the city to be eligible for state funds.

Bona noted that people are sensitive to the fact that PL does not mean that it’s definitely parkland. Rampson replied that it’s very clear the land is being donated as parkland.

Outcome: Planning commissioners recommended rezoning the parcel to public land. The item will be forwarded to city council for consideration.

Communications & Commentary

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

Communications & Commentary: Public Commentary

Two students from Skyline High School, who are part of the school’s communication, media and public policy magnet, spoke during the first opportunity for public commentary, as part of a class assignment.

Sahr Yazdani, a student from Skyline High School, spoke during public commentary at the planning commission’s Feb. 20, 2014 meeting.

Sahr Yazdani said she wanted to give a speech about the Huron River Watershed Council. She recalled kayaking on the Huron River as a child, and noted that many others have similar experiences. Ann Arbor is fortunate to have an organization like the HRWC, which works hard to protect the river, she said. The organization has established programs to combat the devastating effects of harmful elements in the river, like phosphorus and e coli.

Yazdani highlighted the River Up program, which includes clean-up as well as recreational activities, and encourages communities along the river to make it a destination. It’s important to support River Up, she said.

Daniel Schorin continued speaking on this topic, calling the Huron River a tremendous resource. But we need to ask if we’re using the river to its full potential, he said. That’s where the “build up” component of the River Up program comes into play. In order to transform the river corridor into the center of the Ann Arbor community, the city needs to build development facing the river, not away from it. This means constructing trails, playgrounds, offices, hotels and other infrastructure facing the banks of the river, he said.

Other communities like Milford, Dexter and Flat Rock have already stated their commitment to making the Huron River a highlight of their downtown plans, with parks, buildings and festivals along the river, he said. And projects like the Huron River Art Trail will help attract tourists and stimulate the local economy.

As the city plans for new infrastructure, Schorin asked that they consider facing it toward the river, “so we can make the Huron River the forefront of the community once again.”

Communications & Commentary: North Main/Huron River Corridor

Sabra Briere reported that she’s recently had several conversations with people concerned about North Main Street and the Huron River. She noted that the high school students during public commentary had talked about River Up, including the view that new construction should be turned toward the river.

The concerns that she’s heard are about the report by the North Main Huron River corridor task force, and questions about when the planning commission is going to look at whether the parcels in that area are properly zoned. She’s heard from three different people who are interested in new developments along that corridor, and they’re interested in what kind of zoning might be put in place.

Briere said she knew the commission had a lot on its plate, but she wanted to bring up the topic as a reminder.

Planning manager Wendy Rampson noted that the project is on the commission’s work plan. She said commissioners have given higher priority to zoning revisions for the downtown and R4C districts, as well as a review of the citizens participation ordinance. [Planning commissioners had most recently discussed their work plan at a Jan. 7, 2014 working session.]

Rampson said the commission’s master planning committee could start taking a look at the North Main Huron River task force recommendations. The first step would be to take a detailed inventory of the parcels along that corridor, including the size and characteristics of each parcel. That information would be helpful in determining appropriate zoning, she said.

Communications & Commentary: Manager’s Report

Planning manager Wendy Rampson told commissioners that the Burton Commons project will hold a citizen participation meeting for the proposed apartment project on Wednesday, March 5 from 6-8 p.m. in the Pittsfield Elementary School library, 2543 Pittsfield Blvd. The proposal – 80 apartments in five buildings, plus a clubhouse – would be located at 2559-2825 Burton Road, on the east side of Burton north of Packard. A previously approved site plan is in effect, but the developer now is proposing an addition to the plan – a sound wall that runs the entire length of the east property line, between US-23 and the apartment buildings. Because the sound wall will impact natural features, it will come forward to the planning commission for review.

Rampson also reminded commissioners that they’d met with a property owner at a September 2013 working session, regarding a proposal to build an indoor/outdoor tennis facility. That project is now moving forward, and the owner will hold a citizen participation meeting in the next few weeks.

Communications & Commentary: Environmental & Energy Commissions

As the planning commission’s representative on the city’s environmental commission, Kirk Westphal reported on a project from that group: a neighborhood mini-grant program. Volunteers would coordinate a competitive grant program for community groups, who could apply to fund projects that address one of the city’s goals in its sustainability framework. That’s in the planning stages, he said.

Responding to a follow-up query from The Chronicle, Matt Naud – the city’s environmental coordinator – said that environmental commissioner Susan Hutton is taking the lead on this project. She is trying to raise $10,000 in order to give out grants of $2,000 – one grant in each of the city’s five wards. The likely fiduciary is the nonprofit Ann Arbor Awesome. Naud said the effort is modeled on some small neighborhood grant programs in Seattle.

On Feb. 20, Westphal also gave commissioners copies of a resolution that the energy commission recently passed, and which the environmental commission will be taking a look at too. He said the planning commission’s executive committee will be discussing it. He did not mention the topic.

A copy of the handout was obtained by The Chronicle after the meeting. It supports a recommendation to hire a full-time employee to focus on projects that help achieve goals in the city’s climate action plan. [.pdf of resolution]

The one resolved clause states:

Resolved, City of Ann Arbor Energy Commission recommends that the Ann Arbor City Council direct the City Administrator to restore the second position as an FTE (full time equivalent) to create and implement additional community energy efficiency, conservation, and renewable energy programs that further the Climate Action Plan’s adopted targets, reduce our community GHG emissions, provide economic benefit to our community and help to preserve our quality of life.

Communications & Commentary: Minutes

The Feb. 20 agenda included approval of planning commission minutes from last year – for the Nov. 19 and Dec. 3 meetings – as well as for the special meeting on Jan. 14, 2014.

Sabra Briere, who serves on both the planning commission and city council, reported that she’s heard concerns during public commentary time at city council that minutes of many city boards and commissions are very late getting to the council. [Minutes from the city's various boards, commissions and committees are attached to city council agendas.]

Briere encouraged that minutes of the planning commission be done in a timely fashion.

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

Absent: Ken Clein, Paras Parekh, Wendy Woods.

Next meeting: Tuesday, March 4, 2014 at 7 p.m. in the second floor council chambers at city hall, 301 E. Huron St., Ann Arbor. [Check Chronicle event listings to confirm date]

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Land donated by Bill Martin to the city of Ann Arbor indicated in red outline, south of Stapp Nature Area.

Based on advice from the city staff, the planning commission recommended rezoning the donated parcel from R4D (multi-family dwelling) to PL (public land). The land spans from Traverwood Drive and to the Leslie Park golf course, south of Huron Parkway. The additional land expands a corridor of natural areas and parkland. Stapp Nature Area, a 8.11-acre property with a mature native forest and small vernal pool, is adjacent to Tuebingen Park and has a connection to Leslie Woods.

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

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

Action came at the city council’s Dec. 2, 2013 meeting. The donated acreage is next to the Stapp Nature Area and the Leslie Park golf course.

Aerial view of proposed Traverwood Apartments at 2225 Traverwood Drive, north of Plymouth Road.

The final vote on the zoning and a vote on the site plan will appear on a future council agenda.

The project, estimated to cost $30 million, would include 16 two-story buildings for a total of 216 one- and two-bedroom units – or 280 total bedrooms. Eight of the buildings would each have 15 units and 11 single-car garages. An additional eight buildings would each have 12 units and 8 single-car garages.

The city’s planning commission recommended approval of the site plan and the required rezoning at its Nov. 6, 2013 meeting. The site is made up of two parcels: a nearly 16-acre lot that’s zoned R4D (multi-family residential), and an adjacent 3.88-acre lot to the south that’s currently zoned ORL (office, research and light industrial). It’s the smaller lot that needs to be rezoned R4D.

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

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.

Aerial view of proposed Traverwood Apartments at 2225 Traverwood Drive, north of Plymouth Road.

The project is being developed by Ann Arbor-based First Martin Corp. Action had been postponed at the commission’s Sept. 17, 2013 meeting due to outstanding issues related to utilities, natural features, connections from the site to adjacent properties, and wetland mitigation. Those issues have been addressed, according to the city’s planning staff.

Subsequently, First Martin decided to donate the 2-acre high-quality woodland portion on the north end of the site to the city for parkland. It would be an addition to the Stapp Nature Area, which was created when First Martin sold another parcel to the city in 2003.

Due to that donation of land, the Traverwood Apartment site was reduced from 21.8 acres to 19.82 acres, which is currently vacant. The site is made up of two parcels: a nearly 16-acre lot that’s zoned R4D (multi-family residential), and an adjacent 3.88-acre lot to the south that’s currently zoned ORL (office, research and light industrial). The smaller lot needs to be rezoned R4D.

The project, estimated to cost $30 million, would include 16 two-story buildings for a total of 216 one- and two-bedroom units – or 280 total bedrooms. Eight of the buildings would each have 15 units and 11 single-car garages. An additional eight buildings would each have 12 units and 8 single-car garages.

The complex will include a 6,150-square-foot community building near the center of the site, with a leasing office, meetings rooms, a small kitchen and an exercise facility. An outdoor pool with patio will be located adjacent to the building. There will also be a play area with playground structures and benches.

The project will be constructed in phases, with the first phase consisting of 11 buildings and the community center. The site will include 336 parking spaces – 152 spaces inside garages and 184 surface parking spaces.

According to a staff memo, the property has several significant natural features. About 40 landmark trees will be removed for construction. An additional 165 trees will be planted on the property to mitigate the trees that will be removed. The owner will also put in a woodchip path connecting to the adjacent Stapp Nature Area to the north.

There are three wetlands on the site, and one will be removed. The owner must secure a wetland use permit from the city and a permit for wetland disturbance from the Michigan Dept. of Environmental Quality. The project includes removing 1,800 square feet of a regulated wetland, which currently leads from a natural pond to a regional detention basin. An underground piping system will be installed there. In addition, a new 2,700-square-foot wetland will be created at the southern edge of the preserved native woodland on the north end of the site.

This brief was filed from the second-floor council chambers at city hall, where the planning commission holds its meetings. A more detailed report will follow: [link]