The 4.5-acre parcel will be rezoned from M1 (limited industrial district) to O (office district). It’s a $10 million project by Ann Arbor-based McKinley Inc. The plan calls for constructing two 4-story apartment buildings at the rear of the site, totaling 112,262 square feet, with 38 units each. Another 2,027 square foot building – for a leasing office with two apartments above it – will be built on the front of the parcel, on South State.

Aerial view of State Street Village site.

Final action came at the council’s Aug. 18, 2014 meeting. Action on the initial zoning approval came at the city council’s meeting on July 21. A recommendation for the rezoning was given at the June 17, 2014 meeting of the Ann Arbor planning commission.

At that meeting, commissioners recommended approval of the site plan, development agreement and rezoning for the project.

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

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

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

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

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

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

Land use and development is set up to be a dominant theme of tonight’s meeting, as it frequently is for many of the council’s meetings. An additional highlight will be initial consideration of a change to the city’s taxicab ordinance – in response to the entry of services like Uber and Lyft into the Ann Arbor market.

A report from the city administrator on options for deer management has led to a resolution on the Aug. 18 agenda appropriating $20,000 for the development of a deer management program.

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

Among the land use items on the Aug. 18 agenda is one related to use of city-owned land – three parking lots at Fuller Park: (1) the parking lot south of Fuller Road, next to the railroad tracks; (2) the paved parking lot north of Fuller Road at Fuller Park; and (3) the unpaved parking lot north of Fuller Road at Fuller Park. The lots are used by the University of Michigan during restricted hours.

The council will be considering a two-year lease with one additional two-year option for renewal. Annual revenue from this lease will be $78,665, and will be included as part of the parks and recreation general fund budget. The item was forwarded to the city council from the park advisory commission with a recommendation of approval.

Private land development items on the Aug. 18 agenda include final approval of the rezoning of land for the State Street Village project at 2221-2223 S. State St. The 4.5-acre parcel is proposed to be rezoned from M1 (limited industrial district) to O (office district). Also on the council’s agenda is the site plan for the project that will be made possible by approval of the rezoning – a $10 million development by Ann Arbor-based McKinley Inc. The plan calls for constructing two 4-story apartment buildings at the rear of the site, totaling 112,262 square feet, with 38 units each. Another 2,027-square-foot building – for a leasing office with two apartments above it – would be built on the front of the parcel, on South State.

Also on the agenda for final approval is the rezoning required for an Ann Arbor Housing Commission project – a 4.8-acre site at 701 N. Maple Road. The zoning would change from R1C (single-family dwelling district) to R4B (multi-family dwelling district). The site plan, which is also on the council’s Aug. 18 agenda, calls for demolishing 20 existing single-family homes – the public housing complex known as North Maple Estates – and constructing an eight-building, 42-unit apartment complex with a total of 138 bedrooms. A related item on the agenda is the vacation of a portion of the city’s right-of-way for Seybold Drive.

Rezoning for 121 W. Kingsley Street for a private development is getting initial consideration by the council on Aug. 18. The project calls for rezoning the site from a planned unit development (PUD) to D2 (downtown interface). The development would include renovating the existing two-story, 2,539-square-foot building, plus constructing two additional buildings: (1) a 3.5-story addition to the existing building; and (2) a 4.5-story structure at the southeast corner of West Kingsley and North Ashley. In total, the development would include 22 units and 40,689 square feet. The estimated cost is $6.5 million.

Getting initial consideration by the council at its Aug. 18 meeting are changes to the city’s taxicab ordinance that have been recommended by the city’s taxicab board. The recommendations come in the context of the entry of Uber and Lyft into the Ann Arbor market. The companies offer the arrangement of rides through mobile networks with drivers who operate their own vehicles. Both companies have ignored cease-and-desist orders from the city.

Uber has sent its Ann Arbor customers an email asking them to sign an online petition supporting Uber’s continued ability to operate here.

One ordinance change would establish certain parameters to mitigate possible negative consequences to the setting of a very high maximum allowable taxicab rate, under which taxicab companies might eventually compete. Those parameters include a requirement that a taxicab company commit to a single rate annually and that the rate be advertised in a vehicle with signage in letters one-inch tall. The other ordinance would require that all drivers for hire – whether they are taxicab drivers or drivers who work for Uber or Lyft – register with the city, maintain proper insurance for their vehicles and acquire commercial plates.

The Aug. 18 agenda also includes an item to confirm the re-appointment of Bob Guenzel to the board of the Ann Arbor Downtown Development Authority.

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.

Fuller Park Parking Lease

The council will be considering a possible four-year extension on a University of Michigan lease of three parking lots at Fuller Park. The lease comes to the council with a recommendation of approval from the park advisory commission. The commission gave that recommendation at its July 15, 2014 meeting.

Map of parking lots at Fuller Park that are leased to the University of Michigan.

The existing lease expires on Aug. 31, 2014. The three lots are: (1) the parking lot south of Fuller Road, next to the railroad tracks (Lot A); (2) the paved parking lot north of Fuller Road at Fuller Park (Lot B); and (3) the unpaved parking lot north of Fuller Road at Fuller Park (Lot C). The lots are used by UM during restricted hours.

The city has leased Lot A to UM since 1993. Lots B and C have been leased since 2009.

The proposal, which requires city council approval, is for a two-year lease with one additional two-year option for renewal. Annual revenue of this lease will be $78,665, and will be included as part of the parks and recreation general fund budget. [.pdf of proposed lease agreement] [.pdf of staff report]

The hours that UM can use these lots are stipulated in the agreement:

• Lot A: 4 a.m. to 4 p.m. Monday through Friday.
• Lot B (paved lot): 6 a.m. to 5 p.m. Monday through Friday, beginning the day after Labor Day through the Friday before Memorial Day, excluding holidays.
• Lot C (unpaved lot): 6 a.m. to 5 p.m. Monday through Friday, excluding holidays.

At the PAC meeting when the lease was recommended, parks and recreation manager Colin Smith noted that the revenue from these three lots is significant for the parks and recreation operating budget. The current agreement – which was approved by the council in 2009 and extended by two administrative renewals – is essentially the same as the agreement that will expire, Smith told PAC.

The main purpose of the lots is for the parks, Smith explained. That’s reflected in the hours when UM can use the lots – on weekdays, prior to 4-5 p.m. The outdoor pool and soccer fields don’t need the quantity of parking during the winter or off-season. “It’s an asset within the parks department that we can either have sit there, or we can lease it for a significant amount of revenue that obviously helps us provide other programs,” he said. If the city doesn’t lease those parking lots, “I am absolutely certain that people will park in it anyway,” Smith added.

State Street Village

On Aug. 18, the council will consider final approval of the rezoning of land for the State Street Village project at 2221-2223 S. State St. The 4.5-acre parcel is proposed to be rezoned from M1 (limited industrial district) to O (office district). Also on the council’s agenda for approval is the site plan for the project that will be made possible by approval of the rezoning – a $10 million development by Ann Arbor-based McKinley Inc. The plan calls for constructing two 4-story apartment buildings at the rear of the site, totaling 112,262 square feet, with 38 units each. Another 2,027 square foot building – for a leasing office with two apartments above it – would be built on the front of the parcel, on South State.

Aerial view of State Street Village site.

Action on the initial approval came at the city council’s July 21, 2014 meeting. A recommendation for the rezoning was given at the June 17, 2014 meeting of the Ann Arbor planning commission.

At that meeting, commissioners recommended approval of the site plan, development agreement and rezoning for the project.

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

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

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

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

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

North Maple Estates

To be considered for final approval by the council at its Aug. 18 meeting is the rezoning required for an Ann Arbor Housing Commission project – a 4.8-acre site at 701 N. Maple Road. The zoning would change from R1C (single-family dwelling district) to R4B (multi-family dwelling district). The site plan, which has been shifted to the Sept. 2 agenda, calls for demolishing 20 existing single-family homes – the public housing complex known as North Maple Estates – and constructing an eight-building, 42-unit apartment complex with a total of 138 bedrooms. A related item on the agenda is the vacation of a portion of the city’s right-of-way for Seybold Drive.

The Ann Arbor planning commission recommended all three items for approval at its June 17, 2014 meeting. The council gave initial approval of the rezoning at its July 7, 2014 meeting.

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

The project is part of a major renovation effort by the Ann Arbor Housing Commission of several of its properties. The site is on the west side of North Maple, between Dexter Avenue and Hollywood Drive. [.pdf of staff report]

The units in the eight-building, 42-unit apartment complex are proposed to have a total of 138 bedrooms. The units range in size from one bedroom to five bedrooms.

The project would include a playground, community building and 73 parking spaces. According to a staff memo, the buildings would be located along a T-shaped driveway that connects to North Maple Road and Dexter Avenue. The drive extends northward toward Vine Court but does not connect with that street. There would be a new connection to Dexter Avenue through the remaining, undeveloped length of Seybold Drive.

The project also requires the city to vacate a portion of the right-of-way for Seybold Drive. The surrounding land is owned by the housing commission, so if the right-of-way vacation is approved, the land would become part of the housing commission property. In a separate vote, the planning commission also recommended approving that request.

When the project was in front of the planning commission, planning staff noted three issues that need to be resolved before the project gets approval from city council:

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

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

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

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

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

121 Kingsley West

Rezoning for 121 W. Kingsley Street for a proposed new development is getting initial consideration by the council on Aug. 18. The project calls for rezoning the site from a planned unit development (PUD) to D2 (downtown interface). The development would include renovating the existing two-story, 2,539-square-foot building, plus constructing two additional buildings: (1) a 3.5-story addition to the existing building; and (2) a 4.5-story structure at the southeast corner of West Kingsley and North Ashley. In total, the development would include 22 units and 40,689 square feet. The estimated cost is $6.5 million.

The rezoning is on the council’s agenda, but the site plan will not come before the council until the zoning is considered for a second and final vote. The Ann Arbor planning commission’s recommendation of approval for the site plan and the rezoning came at its July 15, 2014 meeting.

Rendering of 121 Kingsley West project, looking south from Kingsley. The existing building is in the left foreground.

Developers are Tom Fitzsimmons, Peter Allen and Mark Berg. The architect is Marc Rueter.

There would be 29 parking spaces below the buildings – though only two spaces are required, based on residential premiums that the project is seeking. The premiums give the project additional floor area, compare to what’s allowed by right. An elevator for each building will be accessible from the parking level. The parking level of the east building will include a bike room with 14 spaces.

According to a staff report, the project’s development agreement will address “easements for encroachments onto the City right of way by the existing building, onsite stormwater management, verification of LEED points, six required footing drain disconnects, future façade alterations, and the contribution to Parks and Recreation Services.” [.pdf of staff report]

Planning commissioners unanimously recommended approval of the rezoning, site plan and development agreement. However, only five commissioners on the nine-member body were present, and the commission’s bylaws stipulate that approval requires six votes. So the project was forwarded to city council for consideration with a recommendation of denial from the commission. Wendy Woods, the commission’s chair, assured the developers that city council would be informed that the project secured unanimous support from all commissioners who were present.

The project is on the same site as a previously proposed project by Peter Allen called Kingsley Lane. That had been envisioned as a larger development with 46 units in a complex with two “towers” – at four and nine stories. According to a 2006 Ann Arbor News article, pre-sales of the units were slower than expected because of the struggling housing market, and ultimately financing fell through. At a July 9, 2013 planning commission work session, planning manager Wendy Rampson reported that the developers had lost the property to the bank, but subsequently secured the land and were expected to submit a new site plan.

Taxicab Ordinances

Getting initial consideration by the council on Aug. 18 are two changes to the city’s taxicab ordinance that have been recommended by the city’s taxicab board. The recommendations come in the context of the entry of Uber and Lyft into the Ann Arbor market. The companies offer the arrangement of rides through mobile networks with drivers who operate their own vehicles. Both companies have continued to operate in Ann Arbor, despite cease-and-desist orders from the city. [.pdf of cease-and-desist sent to Lyft] [.pdf of cease-and-desist sent to Uber]

The vote to recommend the ordinance changes came at the July 24, 2014 meeting of the taxicab board.

These issues were also discussed at three monthly meetings of the taxicab board prior to that, on April 23, 2014, May 22, 2014 and June 26, 2014.

One ordinance change would establish certain parameters to mitigate possible negative consequences to the setting of a very high maximum allowable taxicab rate, under which taxicab companies might eventually compete. Those parameters include a requirement that a taxicab company commit to a single rate annually and that the rate be advertised in a vehicle with signage in letters one-inch tall.

The current structure for fare regulation already allows for the adoption of a maximum rate to be adopted by the city council. Currently the maximum rate in Ann Arbor is $3 to get in, $2.50 per mile, and 40 cents per minute waiting time. Those maximum rates were last adjusted upwards three years ago, on May 16, 2011, in response to gas prices that had nudged past $4 per gallon. At that time, the taxicab board indicated it did not anticipate considering another rate change until the gas prices were over $5 for at least two consecutive months.

So the taxicab board’s thinking is not being driven by gas prices, which are currently between $3.75 and $4 in the Ann Arbor area. Instead, a possible increase in allowable fares is based on concern that the taxicab industry in Ann Arbor might not be able to survive unless taxis are allowed to charge more.

At its July 24 meeting, taxicab board members discussed the possibility of delaying their recommendation on the ordinance changes until the board could also make a specific recommendation on the price point for a very high maximum rate. But ultimately board members felt that a recommendation on a price point for a new maximum rate could come later – especially because ordinance changes require a first and second reading in front of the council. There would be a window of opportunity between those readings to make a recommendation on the higher maximum. The taxicab board’s next meeting is scheduled for Aug. 28 at 8:30 a.m. at city hall.

The other ordinance change to be given initial consideration would require that all drivers for hire – whether they are taxicab drivers or drivers who work for Uber or Lyft – register with the city, maintain proper insurance for their vehicles and acquire commercial plates. Commercial plates would require that the commensurate commercial insurance is carried.

And the absence of commercial plates on a vehicle that is observed to be used for picking up or dropping off passengers would provide a primary reason for a traffic stop by Ann Arbor police. At the taxicab board meetings over the last few months, representatives of the taxicab industry argued that the state statute regulating limousines already gives the city the ability to enforce against Uber and Lyft drivers.

Deer Management

Attached to the Aug. 18 city council agenda is a report from the city administrator outlining issues and options for management of the urban deer herd in Ann Arbor. Based on that report is a resolution, sponsored by Sabra Briere (Ward 1) and Jane Lumm (Ward 2), that would accept the report and appropriate $20,000 from the general fund for development of a “community endorsed deer management plan.” [.pdf of Aug. 14, 2014 deer management options report]

The council had directed the preparation of the report on various options in a resolution approved at its May 5, 2014 meeting. The report was to have been delivered to the council by July 31.

Fall 2015 is the earliest date identified in the report as a possible timeframe for a culling of the herd.

Before developing a specific plan – that could involve killing deer or not – input from Washtenaw County Parks and Recreation and the University of Michigan would be sought. And the Michigan Department of Natural Resources would need to approve any plan for deer management. The Aug. 14 report includes descriptions of deer management plans in other Michigan cities that range from ordinances prohibiting the feeding of deer to culling programs that shut down city parks and prescribe shooting lanes for archers.

City of Ann Arbor staff estimate that six months would be needed for public engagement. That public engagement could start within 45 days of city council approval to proceed.

Estimated staff time to develop the specific plan is 160 hours, according to the Aug. 14 report. Contractual public engagement and support to develop a management plan are estimated at $20,000.

Other facts included in the plan are the fact that neither city parks nor golf courses have had vegetation damage by deer. The cost to the city for disposing of deer carcasses in fiscal year 2014 was $5,850.

Estimated cost to kill 40-50 deer in the city of Ann Arbor is $25,000-$27,000 per year. That amount includes city staff administration cost in the amount of $14,000.

All deer-car accidents in Washtenaw County from 2004 through 2013 are plotted in the dynamic map below. Map is by The Chronicle with data from michigantrafficcrashfacts.org.

3:50 p.m. Agenda questions. Now available are the city staff’s written responses to questions about agenda items submitted by councilmembers. [.pdf of Aug. 18, 2014 agenda responses]

3:59 p.m. Public speaker lineup. Two speakers and one alternate are signed up to talk about the Fuller Park lease agreement: Rita Mitchell, George Gaston and Larry Baird (alternate). Two speakers and one alternate are signed up to talk about the taxicab ordinance changes: Anne Choike, Scott Sanders and Michael White (alternate). Five speakers are signed up to talk about deer management: Maurita Holland, Mary Avrakotos, Trocy Grogan, Judy Cohen and Nicholas Avrakotos. Thomas Partridge is signed up to talk about electing Mark Schauer and affordable housing.

6:33 p.m. Two large groups are congregating – one outside city hall by the Dreiseitl fountain and one inside the lobby. They’re drivers for Uber and Lyft, respectively.

6:36 p.m. Two people are here in chambers so far. Both are here because they’re interested in the new taxicab ordinance revisions. Sally Petersen (Ward 2) has already arrived and is sitting at the council table.

6:44 p.m. Color coding for the TV viewing audience: Pink T-shirts are for Lyft; blue is for Uber. About 40 people total so far. Two AAPD officers are also here. One of them talks with Mozhgan Savabieasfahani and Blaine Coleman about the seating.

6:53 p.m. City attorney Stephen Postema and city administrator Steve Powers are here. Jane Lumm (Ward 2) has arrived.

6:53 p.m. Chief of police John Seto and deputy chief Greg Bazick were in the hallway on the second floor, outside council chambers. Jack Eaton (Ward 4) arrived earlier.

6:57 p.m. One guy in the back row has both pink and blue T-shirts draped over his shoulders. He drives for both Uber and Lyft.

6:59 p.m. Savabieasfahani calls supporters of the “Boycott Israel” contingent to sit on the north side of the chambers. Thomas Partridge responds by saying, “This is a city council meeting, not a rally!”

7:01 p.m. Chants of “Boycott Israel” begin. The council meeting has not yet been convened.

7:01 p.m. And we’re off.

7:01 p.m. Call to order, moment of silence, pledge of allegiance.

7:02 p.m. Roll call of council. Sabra Briere (Ward 1), Margie Teall (Ward 4), and Chuck Warpehoski (Ward 5) are absent at the rollcall.

7:02 p.m. Approval of agenda.

7:03 p.m. Outcome: The council has approved the evening’s agenda without amendment.

7:05 p.m. Communications from the city administrator. City administrator Steve Powers is talking about the closing of the Ann Arbor senior center for safety reasons. It will be open again in early September. Applications for the city fire chief position will be accepted through Sept. 15. The city’s bond rating has been confirmed as AA+.

Powers doesn’t mention the deer management report that has been submitted to the council. It’s attached to the council’s agenda as a communication. [.pdf of Aug. 18, 2014 deer management options report]

7:05 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.]

Two speakers and one alternate are signed up to talk about the Fuller Park lease agreement: Rita Mitchell, George Gaston and Larry Baird (alternate). Two speakers and one alternate are signed up to talk about the taxicab ordinance changes: Anne Choike, Scott Sanders and Michael White (alternate). Five speakers are signed up to talk about deer management: Maurita Holland, Mary Avrakotos, Trocy Grogan, Judy Cohen and Nicholas Avrakotos. Thomas Partridge is signed up to talk about electing Mark Schauer and affordable housing.

Mayor John Hieftje is reviewing the rules about how many people can speak at a time and where signs can be held.

7:05 p.m. Rita Mitchell tells Hieftje that she is electing not to speak.

7:08 p.m. George Gaston is addressing the council on the topic of the Fuller Park lot leases. In an email sent to council members over the weekend, he explained how he’s calculated revenue to the University of Michigan from the Yellow and Blue permits issued for the lots. Gaston’s calculations put the UM’s revenue at a total of $521,956 annually, compared to the $78,665 amount in the lease. [.pdf of Gaston's Aug. 15 and Aug. 17, 2014 emails]

He tells the council that he’d spoken to the park advisory commission [at its July 15, 2014 meeting]. He asks the council to delay approval of the lease until they’ve reviewed the figures. Lot A was supposed to be a temporary lot, 20 years ago, he says. The lots are Yellow and Blue lots in the UM parking system, he says. Yellow permits are much cheaper, he says. The council should insist on compensation from the UM based at least on the cost of Yellow Blue permits. Gaston is reciting the history of the leasing of the lots, which involved an interest in preserving bur oak trees. [Briere has now arrived at the table. So has Warpehoski.]

7:12 p.m. Anne Choike tells the council she recently moved to Ann Arbor to teach at the law school. She is speaking in her personal interest in support of Uber and Lyft. She’s arguing for the services based on an interest in less reliance on car ownership. She relies on the bus system, Uber and Lyft, and shared rides with friends. She recites reasons why taxicab service is inadequate. She describes how she is able to spend money on local businesses, instead of on car ownership.

7:16 p.m. Scott Sanders says he’s a homeowner, with two kids and the husband of a professor. Two kids means that it’s a challenge to find a way to earn extra money. Driving in a ride-sharing service is a way to do that. He describes this as an opportunity to grow the transportation business. Instead of fighting for a smaller piece of the pie, people should be thinking about growing the size of the pie: “Coopetition.” This makes transportation more efficient and more accessible, he says. Every time he picks up riders, they express the attitude that: What did we ever do before this? He asks the council not to use a heavy hand. His remarks conclude with applause from the audience, like the previous speaker did.

7:18 p.m. Maurita Holland is speaking for various plants that have been harmed by deer. She’s also speaking for the Washtenaw Citizens for Ecological Balance. She calls for immediate action because the problem is doubling every year, she contends. The deer population in Washtenaw County is 12.5 times the recommended density, she says. “We have to do something,” she says.

7:19 p.m. Mary Avrakotos is speaking as a homeowner on the problem of deer management. She calls deer an increasing menace. She wants the council to decide quickly on a deer management plan and to insist that the city administrator adhere to a timeline on implementation.

7:22 p.m. Tracy Grogan says that spending money on a deer management plan would be money well spent. He likes deer, but deer in urban areas are nervous and tentative, he says. The problem is complex and subject to debate. Ann Arborites are thoughtful, peaceful and caring, he says. But the deer situation is brutal and costly. He wants the discussion to be elevated aggressively. The resolution tonight is an important step forward, he says. He allows that the general fund balance is a precious resource, but we owe it to ourselves to develop a plan that reflects the values of the city. His remarks draw applause.

7:25 p.m. Judy Cohen is also here to talk about the deer issue. It’s not just a matter of whether the deer are eating lilies and decimating your garden. The dollar value of the damage is high, she says. She says that Matthaei Botanical Gardens has cages around the trees to protect them from the deer, but most people don’t want cages around their own trees. She’s describing her personal close calls with deer in her car and actual accidents in her car.

7:27 p.m. Nicholas Avrakotos tells the council that we do have a problem with deer. The most severe winter in many years has not diminished the deer population, he says. He’s describing overpopulation of rabbits on an island – which has become a refuge for rabbits. He says that’s what’s happening here with respect to deer. He wants the council to acknowledge there is a problem.

7:29 p.m. Thomas Partridge calls for the election of Mark Schauer as governor and Gary Peters as U.S. Senator. Hieftje tells Partridge that he had signed to talk about agenda item F-5 and wants him to do that. Peters would have a platform that would help eliminate homelessness and provide affordable housing, Partridge responds.

7:30 p.m. Hieftje disallows Baird as an alternate speaker, saying that Mitchell was here but chose not to speak.

7:30 p.m. Communications from council. This is the first of two slots on the agenda for council communications. It’s a time when councilmembers can report out from boards, commissions and task forces on which they serve. They can also alert their colleagues to proposals they might be bringing forward in the near future.

7:32 p.m. Taylor conveys regrets from Teall, who is caring for older family members. Eaton announces a neighborhood meeting for the Packard Square development on Sept. 4.

7:33 p.m. MC-1 Confirmations. The council is being asked tonight to confirm nominations made at the council’s Aug. 7, 2014 meeting: Bob Guenzel as a reappointment to the Ann Arbor Downtown Development Authority; Stephen Raiman to the energy commission to replace Dina Kurz; and Nora Lee Wright to a vacancy on the housing and human services advisory board.

7:33 p.m. Outcome: All nominations have been confirmed without discussion.

7:33 p.m. MC-2 Nominations. Anna Ercoli-Schnitzer is being nominated to fill a vacancy on the Commission on Disability Issues. Tamara Burns and Dick Mitchell are being nominated to be reappointed to the design review board. Sofia Franciscus is being nominated to fill the vacancy on the planning commission due to Paras Parekh’s resignation. And John Splitt is being nominated for reappointment to the Downtown Development Authority board. Votes on their confirmation will take place at the council’s next meeting.

7:35 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. Four public hearings are scheduled tonight. Two of them relate to an Ann Arbor Housing Commission project on North Maple that involves demolishing some units and re-building them. [For additional background see North Maple Estates above] The other two public hearings relate to the McKinley project on State Street called State Street Village. [For additional background see State Street Village above]

Hieftje tells the Boycott Israel contingent to hold their signs over to the sides. They respond by exiting. In leaving some make statements: “You care more about deer than people.”

7:35 p.m. PH-1 Ann Arbor Housing Commission North Maple Road.

7:37 p.m. Thomas Partridge calls for more affordable housing.

7:37 p.m. PH-2 Seybold Drive street vacation.

7:38 p.m. No one speaks on this public hearing.

7:38 p.m. PH-3 State Street Village rezoning.

7:40 p.m. Thomas Partridge calls for more consideration of the most vulnerable.

7:40 p.m. PH-4 State Street Village site plan.

7:42 p.m. Thomas Partridge calls for public access by everyone, including seniors and the disabled.

7:42 p.m. Approval of minutes. Outcome: The minutes of the council’s previous meeting have been approved.

7:42 p.m. Consent agenda. This is a group of items that are deemed to be routine and are voted on “all in one go.” Contracts for less than $100,000 can be placed on the consent agenda. This meeting’s consent agenda includes:

• CA-1 Approve the member services agreement into the Keenan Pharmacy Purchasing Coalition ($60,000 for 2014 and $60,000 for 2015).
• CA-2 Approve July 24, 2014 recommendations of the Board of Insurance Administration.
• CA-3 Street Closure: Maynard Street on Wednesday, September 10, 2014 for the Barracuda Networks BBQ.
• CA-4 Approve agreement with the Washtenaw County Road Commission for the resurfacing of Newport Road (City Limits to Bird Road) ($90,000).

7:43 p.m. Councilmembers can pull out any item on the consent agenda for separate consideration. Briere pulls out CA-4.

7:43 p.m. Outcome: The consent agenda has been approved except for CA-4.

7:43 p.m. CA-4 Approve agreement with the Washtenaw County Road Commission for the resurfacing of Newport Road (City Limits to Bird Road) ($90,000).

7:44 p.m. Briere is thanking staff for working with the Washtenaw County Road Commission to make this happen.

7:44 p.m. Outcome: CA-4 has now been approved from the consent agenda.

7:44 p.m. B-1 Ann Arbor Housing Commission North Maple Road Rezoning. The council is considering for final approval the rezoning required for an Ann Arbor Housing Commission project – a 4.8-acre site at 701 N. Maple Road. The zoning would change from R1C (single-family dwelling district) to R4B (multi-family dwelling district). The site plan, which has been shifted to the Sept. 2 agenda, calls for demolishing 20 existing single-family homes – the public housing complex known as North Maple Estates – and constructing an eight-building, 42-unit apartment complex with a total of 138 bedrooms. A related item on the agenda is the vacation of a portion of the city’s right-of-way for Seybold Drive. [For additional background see North Maple Estates above]

7:45 p.m. Outcome: The council has voted to give final approval to the North Maple Estates rezoning.

7:45 p.m. B-2 State Street Village rezoning. The council is considering the rezoning of land for the State Street Village project at 2221-2223 S. State St. The 4.5-acre parcel is proposed to be rezoned from M1 (limited industrial district) to O (office district). Also on the council’s agenda for approval is the site plan for the project that will be made possible by approval of the rezoning – a $10 million development by Ann Arbor-based McKinley Inc. The plan calls for constructing two 4-story apartment buildings at the rear of the site, totaling 112,262 square feet, with 38 units each. Another 2,027 square foot building – for a leasing office with two apartments above it – would be built on the front of the parcel, on South State. [For additional background see State Street Village above]

7:45 p.m. Briere notes that office (O) zoning was the most flexible zoning for this site. She assures members of the public that every site plan is vetted for access to transit by all users.

7:46 p.m. Outcome: The council has voted to give final approval to the State Street Village rezoning.

7:46 p.m. C-1 121 Kingsley West rezoning. This is the initial consideration of the 121 W. Kingsley Street project. The project calls for rezoning the site from a planned unit development (PUD) to D2 (downtown interface). The development would include renovating the existing two-story, 2,539-square-foot building, plus constructing two additional buildings: (1) a 3.5-story addition to the existing building; and (2) a 4.5-story structure at the southeast corner of West Kingsley and North Ashley. In total, the development would include 22 units and 40,689 square feet. The estimated cost is $6.5 million. The rezoning is on the council’s agenda, but the site plan will not come before the council until the zoning is considered for a second and final vote. [For additional background see 121 Kingsley West above]

7:46 p.m. Outcome: Without discussion, the council has voted to give initial approval to the rezoning for 121 Kingsley West.

7:46 p.m. C-2 Taxicab ordinance amendment: Rates. Getting initial consideration tonight are two changes to the city’s taxicab ordinance that have been recommended by the city’s taxicab board. The recommendations come in the context of the entry of Uber and Lyft into the Ann Arbor market. This ordinance change would establish certain parameters to mitigate possible negative consequences to the setting of a very high maximum allowable taxicab rate, under which taxicab companies might eventually compete. Those parameters include a requirement that a taxicab company commit to a single rate annually and that the rate be advertised in a vehicle with signage in letters one-inch tall. [For additional background see Taxicab Ordinances above]

7:47 p.m. Outcome: Without discussion, the council has voted to give initial approval of the taxicab ordinance change on the maximum rate.

7:47 p.m. C-3 Taxicab ordinance amendment: Register drivers for hire. This is the second item recommended by the taxicab board. It would require the registration with the city by all drivers for hire, including those who work for Uber and Lyft. Key requirements are the affixing of commercial license plates to a vehicle and maintaining commensurate insurance. [For additional background see Taxicab Ordinances above]

7:50 p.m. Stephen Kunselman (Ward 3) is noting that he sits on the taxicab board. The board has been working to bring up the city’s laws up to date with the changes to the marketplace. The speakers tonight have not addressed the issue of public safety, he says. This ordinance will require insurance of vehicles as commercial vehicles, he notes. This will make all drivers comply with the same rules, Kunselman says. He notes that this is the first reading of the ordinance. Some items might need to be removed, but he would like that to happen at the second reading.

7:51 p.m. Kunselman compares the issue to Selma Cafe. Everyone thought it was great, and then came the annoyances from all the neighbors because of the parking in the neighborhood. Relying on personal insurance won’t work, Kunselman says, because that puts the consumer at risk.

7:52 p.m. Hieftje is reviewing the two-step process for changes to ordinances – first reading, followed by second reading with a public hearing at a later date. Lumm is thanking the city attorney’s staff for their work.

7:54 p.m. Lumm asks about the division of responsibility between the state and local municipalities with respect to taxicabs and limos. Assistant city attorney Kristen Larcom tells Lumm that her understanding of the state of Michigan’s position is that Uber and Lyft services meet the definition of a limo. There’s movement among legislators to make amendments to the state limo act, she thinks.

7:57 p.m. City CFO Tom Crawford, who serves on the taxicab board in an ex officio capacity, responds to a question from Lumm about mechanics and inspections.

7:59 p.m. Briere wants to know what the financial impact will be on drivers for Uber and Lyft. Crawford says that there’s a distinction between a limo company, the drivers and the vehicle. He says that the drivers for Uber and Lyft are 1099 workers. Briere says that this is not what she’s concerned about. She wants to know who bears the cost. How does the proposed change share responsibility? she asks.

8:03 p.m. Kailasapathy ventures that answering the cost question is challenging, and Crawford agrees. Petersen says that the real hurdle is the insurance, not the chauffeur’s license.

8:06 p.m. Anglin agrees that it’s important to understand the cost. Kunselman responds by saying the reason that Lyft and Uber can make a profit is that they are “cheating” the law. What about the companies that are complying with the law? Kunselman asks – like Ann Arbor’s taxicab companies. The reason Uber and Lyft can charge less because they aren’t carrying the associated cost of business, he says. About the use of a family car for a ride-sharing business, Kunselman says: “Lord help us all if that family vehicle gets in a wreck,” and the family goes into bankruptcy.

8:07 p.m. Anglin doesn’t want to jump into anything rapidly.

8:10 p.m. Taylor says that the solution proposed is for a problem that does not exist. Uber and Lyft provide safe service, he says. They allow Ann Arborites to maintain a carless lifestyle. These business models provide for full insurance, he contends. Drivers are taken care of by the insurance of Uber and Lyft when they’re driving. He’ll vote against this, he says. Instead he’ll be working with Briere to bring forward a resolution directing the city administrator to develop an operating agreement with Uber and Lyft. His remarks are met with applause. Hieftje says “Applause is not appropriate during the body of the meeting.”

8:13 p.m. Eaton asks a question of the city attorney’s office. He asks if there’s anything about the state limo act that prevents the city from asserting control over the same subject matter. Warpehoski gets clarification that Ann Arbor does not limit the number of taxicab licenses. He’s comparing Ann Arbor to New York, and its taxicab “cartel.” He says it’s a matter of threading the needle, balancing the right amount of regulation.

8:15 p.m. Warpehoski says he’ll vote for this at first reading, but if the text is the same by the time the ordinance comes back for second reading, he’ll vote against it at that time.

8:15 p.m. Petersen says she’ll take Warpehoski’s advice from a couple of meetings ago: If you’re going to vote against it at second reading, vote against it at first reading. She wants to support Taylor’s efforts to develop an operating agreement.

8:19 p.m. Kunselman notes that the Detroit operating agreement is for a short time, while the law is worked out. All this ordinance does is make everyone follow the same laws, he says. If councilmembers think that Uber and Lyft can self-regulate public safety, then they should vote this down and let it be a free-for-all, he says. They’re making money because they’re not paying the full cost of the business model. They’re using public streets to make a buck, he says. With Selma Cafe, everyone was having a great time going to breakfast at someone’s house, he says, but then it had to be shut down.

8:19 p.m. Kunselman says he doesn’t use Lyft and Uber because he doesn’t feel they’re safe.

8:21 p.m. Briere is describing how many cities are developing operating agreements while the state laws are sorted out. The operating agreements can address who pays for what, she says. The agreement being considered in Lansing would define an amount for which the company is responsible for insuring, she says.

8:23 p.m. Briere ventures that such operating agreements could eventually be extended to standard limo companies. She doesn’t imagine ever needing to know who every driver is, but thinks it’s rational to expect that a list be maintained – so it’s fine if Lyft and Uber maintain that list.

8:26 p.m. Lumm says the ship has left the dock and there’s no stopping it now. Even though there’s a cease-and-desist order, Uber and Lyft are continuing to do business, she says. It’s about ensuring safety for passengers, she adds. Detroit had left undefined who the “third party” is who can inspect vehicles. Lumm is talking about the fact that Uber and Lyft drivers are rated by customers, but she wonders what happens if there’s a series of bad ratings. Lumm asks that Taylor and Briere work with the taxicab board, if the ordinance revision doesn’t pass at first reading. She notes that the chair of the taxicab board [Michael Benson] had sent the council an email asking the council to support the changes.

8:29 p.m. Crawford describes himself as conflicted about the ordinance. He says that he doesn’t see Uber and Lyft as competing with taxicabs so much as with limos. The Uber and Lyft business models are designed for those who have smartphones, he notes. They have ways to rate passengers and drivers, he says, so if you have give drivers a bad experience, you might not be able to get a ride.

8:32 p.m. Kailasapathy is drawing an analogy to renting a house. If a landlord was skirting requirements on fire inspections, would the city opt to come up with operating agreements with them? Is the city council there to revise ordinance that apply to everybody, or when people break the rules, do we scramble to create operating agreements to fit their business models? For her it’s a governance issue.

8:35 p.m. Eaton says he’ll support the ordinance change. He notes that Kunselman has stated he’s willing to compromise on some of the language. Eaton says that he is sensitive to the idea that a company will self-regulate for safety. He says that the same offer of an operating agreement would need to be offered to taxicab companies. Eaton can’t imagine letting an entire industry arise under the guise of self-regulation.

8:36 p.m. Petersen says she’s not opposed to ordinance amendments, but she doesn’t think that these are the right set of amendments. She says that Kunselman should go back to the drawing board. Public safety, health and welfare is paramount, but she doesn’t think that these are insurmountable barriers.

8:39 p.m. Anglin is talking about the transportation that the AAATA’s shared taxi service provides. Briere moves to waive the council’s rules on speaking times, which the council agrees to.

8:40 p.m. Kunselman is going through the requirements in the ordinance change and asks other councilmembers if they have objections to each of them. “Does anybody have a problem with that?” is the question he poses for each requirement.

8:42 p.m. Kunselman comes to “the one that probably scares Uber and Lyft the most,” which is that they would have to comply with state limo act. He asks if councilmembers are willing to allow a company to operate in violation of state law. If so, then “have at it,” he says.

8:44 p.m. Briere calls Kailasapathy’s comparison to renting a house interesting. She extends that to the hotel industry and bed and breakfasts, and is now talking about Airbnb-type models.

8:47 p.m. Briere says she wants the company to bear the burden. The city would be adding an incredible burden to something that is a casual relationship. She thinks the city can be more creative in regulating this issue. Since April, she’s been convinced that an operating agreement is the way to go.

8:49 p.m. Lumm thinks that the requirements in the ordinance are really basic. She asks for the representative from Uber, Michael White, to explain which elements of the ordinance he objects to.

8:52 p.m. White says that there’s no need for commercial insurance on a vehicle that’s being used for three hours a week for this service, he says. Uber’s insurance covers those vehicles when they’re being used to drive for Uber, he says. If there were a safety issue, he says, it wouldn’t be just a national issue, it would be an international issue, he says.

8:54 p.m. Eaton asks which requirements White objects to. He objects to each driver having to complete the requirements.

8:55 p.m. Kailasapathy is asking about the insurance policy. It’s a liability policy, White explains.

8:57 p.m. Briere asks if White can share data about safety. Not today, he says. Briere asks if he can get it. Complaints come in as a stream, he says. Briere wants to know about percentages – out of 20 vehicles, how many complaints are there?

9:00 p.m. White says that their drivers have an average star rating of 4.6 stars out of 5.0. Briere says she’s not asking about satisfaction, but about safety. Petersen wants to know how that data is used by Uber. White is providing the standard Uber marketing message to the council.

9:01 p.m. Petersen asks if Uber can suspend a driver before they discover that people aren’t requesting rides from them. Based on White’s response, it’s not clear.

9:02 p.m. Lumm is following up with questions about the rating system.

9:05 p.m. White is taking the opportunity to explain the various advantages that Uber offers to riders.

9:07 p.m. Lumm is going back and forth with White about what he’d be willing to put in an operating agreement. He’d be willing to put a requirement in an Ann Arbor operating agreement that required the vehicle inspection to be done by a licensed mechanic.

9:12 p.m. Warpehoski has some back-and-forth with White.

9:12 p.m. Kunselman asks White if Uber would be willing to accept six points as a maximum. White says that they evaluate the nature of the violations. He’d be happy to discuss various issues. Kunselman says White has been vague. Kunselman asks if Uber would allow a felon to be a driver. No, White says. The city council had recently approved a policy on that, Kunselman notes. [Earlier this year, the city eliminated the requirement that job applicants disclose past criminal records – except for police and fire department applicants.]

White says that an English requirement would effectively arise from having to be able to go through the application system. And if they did manage to be activated as a driver, their ability to deliver quality service would be hampered by a lack of English. And that would show up in the feedback the driver would get.

9:14 p.m. Kunselman asks about possible discrimination against riders with disabilities and about red-lining. White says that studies have been done that show in Chicago, undesirable and underserved areas are much better served by Uber than by existing transportation options. Kunselman asks: Do you think that we should disband the taxicab industry in Ann Arbor?

9:20 p.m. Hieftje says there have been a lot of good comments. He mentions pipelines as a self-regulated industry, in some ways. It’s long been a goal of his to make it possible for people to live without owning a car, he says. The bike lane system has been expanded, he says. The bus system has been expanded. Ride-sharing apps are a way to expand ride-share options. So he won’t support the ordinance change tonight. He doesn’t think there’s any reason to think that Uber and Lyft aren’t concerned with safety.

9:24 p.m. Outcome: The council has rejected the ordinance at first reading on a 5-5 vote. Voting against it were Hieftje, Briere, Petersen, Lumm and Taylor.

9:24 p.m. Recess. We’re now in recess.

9:37 p.m. We’re back.

9:37 p.m. DC-1 Appropriate $20,000 to develop a community-endorsed deer management plan. This item is based on the Aug. 14 report from the city administrator on options for managing the deer population. Before developing a specific plan – that could involve killing deer or not – input from Washtenaw County Parks and Recreation and the University of Michigan would be sought. And the Michigan Department of Natural Resources would need to approve any plan for deer management.

The Aug. 14 report includes descriptions of deer management plans in other Michigan cities that range from ordinances prohibiting the feeding of deer to culling programs that shut down city parks and prescribe shooting lanes for archers. City of Ann Arbor staff estimate that six months would be needed for public engagement. That public engagement could start within 45 days of city council approval to proceed. Estimated staff time to develop the specific plan is 160 hours, according to the Aug. 14 report. Contractual public engagement and support to develop a management plan are estimated at $20,000. The report indicates that to cull 40-50 deer per year, the cost to the city would be about $25,000. According to Michigan Department of Natural Resources records 6,608 deer were taken by hunters in Washtenaw County. [For additional background see Deer Management above]

9:39 p.m. Lumm is thanking city administrator Steve Powers and community services administrator Sumedh Bahl. Lumm is reading aloud a written statement. The plan to be developed is supposed to include metrics for success, she says. The MDNR is the critical partner, she says.

9:42 p.m. Lumm allows that the problem might be concentrated in Ward 1 and Ward 2, but she hopes that the council will support it. Briere says that the problem is growing in Ward 5 as well. Briere says she doesn’t have an interest in seeing the deer slaughtered, but there are few ways to control the deer population. The problem might not be only the overpopulation of deer, she allows. She supports moving the process forward.

9:44 p.m. Hieftje says his central concern is that it be a comprehensive solution. He reports that he saw a buck walk past his front porch, even though there are no natural areas in the area.

9:47 p.m. Lumm asks Bahl to come to the podium. Powers responds first. He notes that the partners involved “aren’t quite there yet,” and the DNR has recommended that there be a community process. That comment comes in response to some public input to the effect that the city was not moving fast enough.

9:50 p.m. Lumm asks if there will be more data collected on environmental data. That will take some time, Bahl says.

9:51 p.m. Lumm is now reading aloud an email from a NAP volunteer. Young oak trees don’t survive unless the volunteer fences the trees, the email states.

9:52 p.m. Outcome: The council has voted unanimously to appropriate $20,000 to develop a deer management plan.

9:52 p.m. DC-2 Community Events Fund Disbursements. This item was added late to the agenda by Sabra Briere (Ward 1) and Chuck Warpehoski (Ward 5). The council rule on the subject reads as follows: “Council members may add items to the agenda at any time, but will use best efforts to do so prior to 5:00 p.m. on the Friday before the next Council meeting.” The two constitute the council committee for distribution of community events funding. They met at 10 a.m. today (Monday) for a meeting that was announced through the city’s notification system at 4:06 p.m. last Friday.

About half of the events to receive funding this year have already taken place. The disbursements are for a total of $55,000, including $10,000 for the Ann Arbor Street Art Fair and $25,000 for the Summer Festival.

9:54 p.m. Warpehoski apologizes for the late addition to the agenda. Some of the events that been allocated funding turned out not to be happening and so adjustments needed to be made late. The full amount is not being allocated, he says, so that late applications might be accommodated.

9:54 p.m. Outcome: The council has voted to approve the disbursements from the community events fund.

9:54 p.m. DB-1 Seybold Drive vacation. This item is related to the Ann Arbor Housing Commission’s North Maple Estates project the zoning for which the council voted on earlier in the meeting. [For additional background see North Maple Estates above]

9:54 p.m. Outcome: The council has voted to approve the vacation of Seybold Drive.

9:54 p.m. DB-2 State Street Village site plan. The council voted on the rezoning for the project earlier in the meeting. [For additional background see State Street Village above]

9:54 p.m. Outcome: The council has voted to approve the State Street Village site plan.

9:54 p.m. DS-1 Approve extended policy with EyeMed Vision Care ($305,828). The policy period is four years. The policy requires the city to pay a set monthly premium. The monthly premiums are $4.53 for single, $8.61 for two people, and $12.64 for a family from July 1, 2014 through Dec. 31, 2014. According to the staff memo accompanying the resolution, due to the fees imposed onto insurers under the Affordable Care Act (ACA), the premiums will be adjusted upward on January 1, 2015. The new monthly premiums will be $4.67 for single, $8.87, for two people, and $13.02 for a family from Jan. 1, 2015 through Dec. 31, 2018.

9:55 p.m. Outcome: The council has voted to approve the extension with EyeMed.

9:55 p.m. DS-2 Approve Fuller Lot lease with University of Michigan. This item would extend the lease by the city to the University of Michigan for three parking lots at Fuller Park: (1) the parking lot south of Fuller Road, next to the railroad tracks; (2) the paved parking lot north of Fuller Road at Fuller Park; and (3) the unpaved parking lot north of Fuller Road at Fuller Park. The lots are used by the University of Michigan during restricted hours. Annual revenue from this lease will be $78,665, and will be included as part of the parks and recreation general fund budget. The item was forwarded to the city council from the park advisory commission with a recommendation of approval. [For additional background see Fuller Park Parking Lease above.]

9:57 p.m. Hieftje says that he thinks it would be useful to postpone the question.

9:58 p.m. Eaton asks that if this is sent back to the park advisory commission (PAC), then he wants the commission to review the relevant planning documents.

10:00 p.m. Briere moves to postpone until October. Lumm asks what happens, given the expiration of the current lease. Hieftje ventures that this is coming to the council later than it should have.

10:01 p.m. Anglin is concerned about the inclusion of a mention of future uses of the property.

10:01 p.m. Outcome: The council has voted to postpone the Fuller Park lot lease with the University of Michigan until the first meeting in October.

10:01 p.m. DS-3 Appropriate emergency management performance ($42,582) This item will accept $42,582 in grant funding from the state for emergency management. It will pay for part of the salary for the city’s emergency manager.

10:01 p.m. Outcome: The council has voted to approve the acceptance of the emergency program grant funds.

10:02 p.m. Communications from the council.

10:05 p.m. Kailasapathy is pointing out that the council rule regarding public commentary is that if someone vacates their reserved time, it shall be assigned to the alternate speakers. Larry Baird was the alternate who was denied an opportunity to speak. Hieftje says that he will take a look at that. But he says that the rules are under a great deal of scrutiny to make sure that the rules are followed. “Maybe I was too careful.” He was concerned that someone might bring that up to the council. Kailasapathy reiterates the point of the rule. Hieftje says he’ll look into that. Warpehoski notes that everyone has a responsibility to note the error at the time it’s made.

10:06 p.m. Clerk’s Report. Warpehoski says he’s happy to see the inclusion of accessory dwelling units in the planning commission’s work plan, which is part of the clerk’s report of communications.

10:08 p.m. Warpehoski says that if the council wants to see things move forward, they need to make the necessary resources available.

10:08 p.m. Outcome: The council has now accepted the clerk’s report.

10:08 p.m. Public comment. There’s no requirement to sign up in advance for this slot for public commentary.

10:10 p.m. Thomas Partridge says that despite the council’s vote on the taxicab ordinance, the city still needs assurances that transportation will be safety. He says the city is not making the kind of progress it needs to on affordable housing.

10:13 p.m. Kai Petainen is addressing the council on the topic of Ann Arbor SPARK. Here’s a .pdf of his remarks: [.pdf of Petainen Aug. 18, 2014]

10:16 p.m. A Lyft driver is addressing the council. He says he’s been living here for 14 years. He says that the council makes the city better and better every day. He wants them to continue to make Ann Arbor’s transportation system better.

10:18 p.m. A second Lyft driver, who’s been working with that service since May 8, is now addressing the council. Ann Arbor deserves ride-sharing in the city, he says. About 80% of riders he picks up are college students. When he picks up students who are drunk, he knows that he is saving their lives. It takes 45 minutes to an hour for other services, he says. Lyft covers him with a $1 million policy, he says.

10:21 p.m. Ed Vielmetti is addressing the council. He’s a Ward 4 resident. Two years ago, The Chronicle’s Stopped.Watched feature recorded a vehicle in storage by the city of Ann Arbor – it’s a Washtenaw County APC with a battering ram. He alludes to events in Ferguson. He hopes and prays that if something happens in this city and county, their public officials will support them in cases where injustices have been done.

10:23 p.m. Rita Mitchell says that she is choosing to speak now, although she chose not to speak earlier. She appreciates the rule that calls for speakers to speak on agenda items at the start of the meeting. She thanks the council for their action to postpone the item on leasing Fuller Park lots to UM. She hopes that the parks can be funded without leasing parkland for non-park uses. She also objects to inclusion of language in the lease about possible future use of the area as a train station. She wants the city to check into the condition of the trees that were supposed to be saved through the lease so many years ago.

10:25 p.m. Jeff Hayner says he hopes the city can get a better deal from the University of Michigan. He delivers a theatrical reading with a deer skull.

10:26 p.m. An Uber driver is now addressing the council in support of Uber and other ride-sharing services.

10:27 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.

A report from the city administrator on options for deer management has led to a resolution on the Aug. 18 agenda appropriating $20,000 for the development of a deer management program.

Screenshot of Legistar – the city of Ann Arbor’s online agenda management system. Image links to the Aug. 18, 2014 meeting agenda.

Among the land use items on the Aug. 18 agenda is one related to use of city-owned land – three parking lots at Fuller Park: (1) the parking lot south of Fuller Road, next to the railroad tracks; (2) the paved parking lot north of Fuller Road at Fuller Park; and (3) the unpaved parking lot north of Fuller Road at Fuller Park. The lots are used by the University of Michigan during restricted hours.

The council will be considering a two-year lease with one additional two-year option for renewal. Annual revenue from this lease will be $78,665, and will be included as part of the parks and recreation general fund budget. The item was forwarded to the city council from the park advisory commission with a recommendation of approval.

Private land development items on the Aug. 18 agenda include final approval of the rezoning of land for the State Street Village project at 2221-2223 S. State St. The 4.5-acre parcel is proposed to be rezoned from M1 (limited industrial district) to O (office district). Also on the council’s agenda for approval is the site plan for the project that will be made possible by approval of the rezoning – a $10 million development by Ann Arbor-based McKinley Inc. The plan calls for constructing two 4-story apartment buildings at the rear of the site, totaling 112,262 square feet, with 38 units each. Another 2,027-square-foot building – for a leasing office with two apartments above it – would be built on the front of the parcel, on South State.

Also on the agenda for final approval is the rezoning required for an Ann Arbor Housing Commission project – a 4.8-acre site at 701 N. Maple Road. The zoning would change from R1C (single-family dwelling district) to R4B (multi-family dwelling district). The site plan, which is also on the council’s Aug. 18 agenda, calls for demolishing 20 existing single-family homes – the public housing complex known as North Maple Estates – and constructing an eight-building, 42-unit apartment complex with a total of 138 bedrooms. A related item on the agenda is the vacation of a portion of the city’s right-of-way for Seybold Drive.

Rezoning for 121 W. Kingsley Street for a private development is getting initial consideration by the council on Aug. 18. The project calls for rezoning the site from a planned unit development (PUD) to D2 (downtown interface). The development would include renovating the existing two-story, 2,539-square-foot building, plus constructing two additional buildings: (1) a 3.5-story addition to the existing building; and (2) a 4.5-story structure at the southeast corner of West Kingsley and North Ashley. In total, the development would include 22 units and 40,689 square feet. The estimated cost is $6.5 million.

Getting initial consideration by the council at its Aug. 18 meeting are changes to the city’s taxicab ordinance that have been recommended by the city’s taxicab board. The recommendations come in the context of the entry of Uber and Lyft into the Ann Arbor market. The companies offer the arrangement of rides through mobile networks with drivers who operate their own vehicles. Both companies have ignored cease-and-desist orders from the city.

Uber has sent its Ann Arbor customers an email asking them to sign an online petition supporting Uber’s continued ability to operate here.

One ordinance change would establish certain parameters to mitigate possible negative consequences to the setting of a very high maximum allowable taxicab rate, under which taxicab companies might eventually compete. Those parameters include a requirement that a taxicab company commit to a single rate annually and that the rate be advertised in a vehicle with signage in letters one-inch tall. The other ordinance would require that all drivers for hire – whether they are taxicab drivers or drivers who work for Uber or Lyft – register with the city, maintain proper insurance for their vehicles and acquire commercial plates.

In other significant business at its Aug. 18 meeting, the council will also be asked to confirm the re-appointment of Bob Guenzel to the board of the Ann Arbor Downtown Development Authority.

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.

Fuller Park Parking Lease

The council will be considering a possible four-year extension on a University of Michigan lease of three parking lots at Fuller Park. The lease comes to the council with a recommendation of approval from the park advisory commission. The commission gave that recommendation at its July 15, 2014 meeting.

Map of parking lots at Fuller Park that are leased to the University of Michigan.

The existing lease expires on Aug. 31, 2014. The three lots are: (1) the parking lot south of Fuller Road, next to the railroad tracks (Lot A); (2) the paved parking lot north of Fuller Road at Fuller Park (Lot B); and (3) the unpaved parking lot north of Fuller Road at Fuller Park (Lot C). The lots are used by UM during restricted hours.

The city has leased Lot A to UM since 1993. Lots B and C have been leased since 2009.

The proposal, which requires city council approval, is for a two-year lease with one additional two-year option for renewal. Annual revenue of this lease will be $78,665, and will be included as part of the parks and recreation general fund budget. [.pdf of proposed lease agreement] [.pdf of staff report]

The hours that UM can use these lots are stipulated in the agreement:

• Lot A: 4 a.m. to 4 p.m. Monday through Friday.
• Lot B (paved lot): 6 a.m. to 5 p.m. Monday through Friday, beginning the day after Labor Day through the Friday before Memorial Day, excluding holidays.
• Lot C (unpaved lot): 6 a.m. to 5 p.m. Monday through Friday, excluding holidays.

At the PAC meeting when the lease was recommended, parks and recreation manager Colin Smith noted that the revenue from these three lots is significant for the parks and recreation operating budget. The current agreement – which was approved by the council in 2009 and extended by two administrative renewals – is essentially the same as the agreement that will expire, Smith told PAC.

The main purpose of the lots is for the parks, Smith explained. That’s reflected in the hours when UM can use the lots – on weekdays, prior to 4-5 p.m. The outdoor pool and soccer fields don’t need the quantity of parking during the winter or off-season. “It’s an asset within the parks department that we can either have sit there, or we can lease it for a significant amount of revenue that obviously helps us provide other programs,” he said. If the city doesn’t lease those parking lots, “I am absolutely certain that people will park in it anyway,” Smith added.

State Street Village

On Aug. 18, the council will consider final approval of the rezoning of land for the State Street Village project at 2221-2223 S. State St. The 4.5-acre parcel is proposed to be rezoned from M1 (limited industrial district) to O (office district). Also on the council’s agenda for approval is the site plan for the project that will be made possible by approval of the rezoning – a $10 million development by Ann Arbor-based McKinley Inc. The plan calls for constructing two 4-story apartment buildings at the rear of the site, totaling 112,262 square feet, with 38 units each. Another 2,027 square foot building – for a leasing office with two apartments above it – would be built on the front of the parcel, on South State.

Aerial view of State Street Village site.

Action on the initial approval came at the city council’s July 21, 2014 meeting. A recommendation for the rezoning was given at the June 17, 2014 meeting of the Ann Arbor planning commission.

At that meeting, commissioners recommended approval of the site plan, development agreement and rezoning for the project.

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

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

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

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

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

North Maple Road

To be considered for final approval by the council at its Aug. 18 meeting is the rezoning required for an Ann Arbor Housing Commission project – a 4.8-acre site at 701 N. Maple Road. The zoning would change from R1C (single-family dwelling district) to R4B (multi-family dwelling district). The site plan, which is also on the council’s Aug. 18 has been shifted to the Sept. 2 agenda, calls for demolishing 20 existing single-family homes – the public housing complex known as North Maple Estates – and constructing an eight-building, 42-unit apartment complex with a total of 138 bedrooms. A related item on the agenda is the vacation of a portion of the city’s right-of-way for Seybold Drive.

The Ann Arbor planning commission recommended all three items for approval at its June 17, 2014 meeting. The council gave initial approval of the rezoning at its July 7, 2014 meeting.

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

The project is part of a major renovation effort by the Ann Arbor Housing Commission of several of its properties. The site is on the west side of North Maple, between Dexter Avenue and Hollywood Drive. [.pdf of staff report]

The units in the eight-building, 42-unit apartment complex are proposed to have a total of 138 bedrooms. The units range in size from one bedroom to five bedrooms.

The project would include a playground, community building and 73 parking spaces. According to a staff memo, the buildings would be located along a T-shaped driveway that connects to North Maple Road and Dexter Avenue. The drive extends northward toward Vine Court but does not connect with that street. There would be a new connection to Dexter Avenue through the remaining, undeveloped length of Seybold Drive.

The project also requires the city to vacate a portion of the right-of-way for Seybold Drive. The surrounding land is owned by the housing commission, so if the right-of-way vacation is approved, the land would become part of the housing commission property. In a separate vote, the planning commission also recommended approving that request.

When the project was in front of the planning commission, planning staff noted three issues that need to be resolved before the project gets approval from city council:

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

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

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

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

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

121 Kingsley West

Rezoning for 121 W. Kingsley Street for a proposed new development is getting initial consideration by the council on Aug. 18. The project calls for rezoning the site from a planned unit development (PUD) to D2 (downtown interface). The development would include renovating the existing two-story, 2,539-square-foot building, plus constructing two additional buildings: (1) a 3.5-story addition to the existing building; and (2) a 4.5-story structure at the southeast corner of West Kingsley and North Ashley. In total, the development would include 22 units and 40,689 square feet. The estimated cost is $6.5 million.

The rezoning will be on the council’s agenda, but the site plan will not come before the council until the zoning is considered for a second and final vote. The Ann Arbor planning commission’s recommendation of approval for the site plan and the rezoning came at its July 15, 2014 meeting.

Rendering of 121 Kingsley West project, looking south from Kingsley. The existing building is in the left foreground.

Developers are Tom Fitzsimmons, Peter Allen and Mark Berg. The architect is Marc Rueter.

There would be 29 parking spaces below the buildings – though only two spaces are required, based on residential premiums that the project is seeking. The premiums give the project additional floor area, compare to what’s allowed by right. An elevator for each building will be accessible from the parking level. The parking level of the east building will include a bike room with 14 spaces.

According to a staff report, the project’s development agreement will address “easements for encroachments onto the City right of way by the existing building, onsite stormwater management, verification of LEED points, six required footing drain disconnects, future façade alterations, and the contribution to Parks and Recreation Services.” [.pdf of staff report]

Planning commissioners unanimously recommended approval of the rezoning, site plan and development agreement. However, only five commissioners on the nine-member body were present, and the commission’s bylaws stipulate that approval requires six votes. So the project was forwarded to city council for consideration with a recommendation of denial from the commission. Wendy Woods, the commission’s chair, assured the developers that city council would be informed that the project secured unanimous support from all commissioners who were present.

The project is on the same site as a previously proposed project by Peter Allen called Kingsley Lane. That had been envisioned as a larger development with 46 units in a complex with two “towers” – at four and nine stories. According to a 2006 Ann Arbor News article, pre-sales of the units were slower than expected because of the struggling housing market, and ultimately financing fell through. At a July 9, 2013 planning commission work session, planning manager Wendy Rampson reported that the developers had lost the property to the bank, but subsequently secured the land and were expected to submit a new site plan.

Taxicab Ordinances

Getting initial consideration by the council on Aug. 18 are two changes to the city’s taxicab ordinance that have been recommended by the city’s taxicab board. The recommendations come in the context of the entry of Uber and Lyft into the Ann Arbor market. The companies offer the arrangement of rides through mobile networks with drivers who operate their own vehicles. Both companies have continued to operate in Ann Arbor, despite cease-and-desist orders from the city. [.pdf of cease-and-desist sent to Lyft] [.pdf of cease-and-desist sent to Uber]

The vote to recommend the ordinance changes came at the July 24, 2014 meeting of the taxicab board.

These issues were also discussed at three monthly meetings of the taxicab board prior to that, on April 23, 2014, May 22, 2014 and June 26, 2014.

One ordinance change would establish certain parameters to mitigate possible negative consequences to the setting of a very high maximum allowable taxicab rate, under which taxicab companies might eventually compete. Those parameters include a requirement that a taxicab company commit to a single rate annually and that the rate be advertised in a vehicle with signage in letters one-inch tall.

The current structure for fare regulation already allows for the adoption of a maximum rate to be adopted by the city council. Currently the maximum rate in Ann Arbor is $3 to get in, $2.50 per mile, and 40 cents per minute waiting time. Those maximum rates were last adjusted upwards three years ago, on May 16, 2011, in response to gas prices that had nudged past $4 per gallon. At that time, the taxicab board indicated it did not anticipate considering another rate change until the gas prices were over $5 for at least two consecutive months.

So the taxicab board’s thinking is not being driven by gas prices, which are currently between $3.75 and $4 in the Ann Arbor area. Instead, a possible increase in allowable fares is based on concern that the taxicab industry in Ann Arbor might not be able to survive unless taxis are allowed to charge more.

At its July 24 meeting, taxicab board members discussed the possibility of delaying their recommendation on the ordinance changes until the board could also make a specific recommendation on the price point for a very high maximum rate. But ultimately board members felt that a recommendation on a price point for a new maximum rate could come later – especially because ordinance changes require a first and second reading in front of the council. There would be a window of opportunity between those readings to make a recommendation on the higher maximum. The taxicab board’s next meeting is scheduled for Aug. 28 at 8:30 a.m. at city hall.

The other ordinance change to be given initial consideration would require that all drivers for hire – whether they are taxicab drivers or drivers who work for Uber or Lyft – register with the city, maintain proper insurance for their vehicles and acquire commercial plates. Commercial plates would require that the commensurate commercial insurance is carried.

And the absence of commercial plates on a vehicle that is observed to be used for picking up or dropping off passengers would provide a primary reason for a traffic stop by Ann Arbor police. At the taxicab board meetings over the last few months, representatives of the taxicab industry argued that the state statute regulating limousines already gives the city the ability to enforce against Uber and Lyft drivers.

Deer Management

Attached to the Aug. 18 city council agenda is a report from the city administrator outlining issues and options for management of the urban deer herd in Ann Arbor. Based on that report is a resolution, sponsored by Sabra Briere (Ward 1) and Jane Lumm (Ward 2), that would accept the report and appropriate $20,000 from the general fund for development of a “community endorsed deer management plan.” [.pdf of Aug. 14, 2014 deer management options report]

The council had directed the preparation of the report on various options in a resolution approved at its May 5, 2014 meeting. The report was to have been delivered to the council by July 31.

Fall 2015 is the earliest date identified in the report as a possible timeframe for a culling of the herd.

Before developing a specific plan – that could involve killing deer or not – input from Washtenaw County Parks and Recreation and the University of Michigan would be sought. And the Michigan Department of Natural Resources would need to approve any plan for deer management. The Aug. 14 report includes descriptions of deer management plans in other Michigan cities that range from ordinances prohibiting the feeding of deer to culling programs that shut down city parks and prescribe shooting lanes for archers.

City of Ann Arbor staff estimate that six months would be needed for public engagement. That public engagement could start within 45 days of city council approval to proceed.

Estimated staff time to develop the specific plan is 160 hours, according to the Aug. 14 report. Contractual public engagement and support to develop a management plan are estimated at $20,000.

Other facts included in the plan are the fact that neither city parks nor golf courses have had vegetation damage by deer. The cost to the city for disposing of deer carcasses in fiscal year 2014 was $5,850.

Estimated cost to kill 40-50 deer in the city of Ann Arbor is $25,000-$27,000 per year. That amount includes city staff administration cost in the amount of $14,000.

All deer-car accidents in Washtenaw County from 2004 through 2013 are plotted in the dynamic map below. Map is by The Chronicle with data from michigantrafficcrashfacts.org

Action on the initial approval came at the city council’s July 21, 2014 meeting. A vote on the final enactment of the rezoning and on the site plan for the project will come at a future council meeting.

Aerial view of State Street Village site.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Physical Infrastructure

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

Physical Infrastructure: Springwater Street Reconstruction

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

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

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

Physical Infrastructure: Stone School Road

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

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

Physical Infrastructure: Sidewalks – Scio Church, Barton

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

Here’s how the funding breaks down:

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

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

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Infrastructure: Pontiac Trail Sidewalk

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

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

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

Infrastructure: Bridge Inspections

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

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

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

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

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

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

Infrastructure: Wastewater Pumps

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

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

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

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

Legal Infrastructure

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

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

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

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

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

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

Land Sale

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Land Purchase: Burton Commons

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

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

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

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

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

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

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

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

Land Purchase: 3401 Platt Road

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

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

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

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

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

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

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

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

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

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

Development

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

Development: Jackson Drive-Thru

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

Aerial view of 2625 Jackson Ave.

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

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

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

Development: Dusty’s Collision

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

Aerial view of Dusty Collision site.

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

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

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

Development: State Street Village

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

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

Aerial view of State Street Village site.

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

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

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

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

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

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

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

Development: Downtown Zoning

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

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

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

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

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

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

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

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

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

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

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

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

Board and Commissions

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

Boards and Commission: Environmental

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

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

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

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

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

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

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

Boards and Commission: Disabilities

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

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

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

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

6:19 p.m. Pre-meeting activity. The scheduled meeting start is 7 p.m. Most evenings the actual starting time is between 7:10 p.m. and 7:15 p.m. Right now the council chambers are empty except for The Chronicle.

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

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

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

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

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

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

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

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

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

7:12 p.m. Approval of agenda.

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

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

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

7:14 p.m. Public commentary. This portion of the meeting offers 10 three-minute slots that can be reserved in advance. Preference is given to speakers who want to address the council on an agenda item. [Public commentary general time, with no sign-up required in advance, is offered at the end of the meeting.]

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

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

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

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

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

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

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

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

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

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

7:40 p.m. Communications from council.

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

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

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

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

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

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

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

7:47 p.m. Public Hearings. All the public hearings are grouped together during this section of the meeting. Action on the related items comes later in the meeting. Tonight there are six public hearings. The first two involve the rezoning of the parcel on the southeast corner of Main and William streets. Also receiving a hearing is the special assessment for the Pontiac Trail sidewalk project. Two site plans are the subject of public hearings – for Dusty’s Collision and for a drive-thru retail establishment on Jackson Road. Finally, a public hearing is being held on a change to the city’s ordinance on boards and commissions – which will clarify appointments to the environmental commission.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

8:14 p.m. Consent Agenda. This is a group of items that are deemed to be routine and are voted on “all in one go.” Contracts for less than $100,000 can be placed on the consent agenda. This meeting’s consent agenda includes:

• CA-1 Emergency PO with Barrett Paving Materials ($12,815).
• CA-2 Emergency PO with E.T. MacKenzie for storm culvert repair on Dhu Varren ($76,882).
• CA-3 Approve contract with Industrial Organizational Solutions, Inc. (I/O) to Conduct AAPD Promotional Assessment in FY15 ($32,755).
• CA-4 Approve changes to traffic patterns and parking for the 2014 University of Michigan student move-in program from Aug. 27-29, 2014.
• CA-5 Recognize the Skyline Friends of the Arts as a civic nonprofit organization operating in Ann Arbor for the purpose of obtaining a charitable gaming license.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

8:49 p.m. We’re in recess.

9:05 p.m. We’re back.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Final wording on the key resolved clause was as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

10:47 p.m. Clerk’s report.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Physical Infrastructure

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

Physical Infrastructure: Springwater Street Reconstruction

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

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

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

Physical Infrastructure: Stone School Road

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

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

Physical Infrastructure: Sidewalks – Scio Church, Barton

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

Here’s how the funding breaks down:

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

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

-

Infrastucture: Pontiac Trail Sidewalk

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

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

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

Infrastructure: Bridge Inspections

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

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

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

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

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

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

Infrastructure: Wastewater Pumps

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

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

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

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

Legal Infrastructure

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

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

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

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

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

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

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

Land Sale

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Land Purchase: Burton Commons

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

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

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

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

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

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

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

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

Land Purchase: 3401 Platt Road

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

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

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

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

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

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

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

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

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

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

Development

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

Development: Jackson Drive-Thru

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

Aerial view of 2625 Jackson Ave.

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

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

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

Development: Dusty’s Collision

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

Aerial view of Dusty Collision site.

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

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

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

Development: State Street Village

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

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

Aerial view of State Street Village site.

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

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

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

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

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

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

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

Development: Downtown Zoning

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

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

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

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

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

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

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

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

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

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

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

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

Board and Commissions

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

Boards and Commission: Environmental

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

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

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

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

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

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

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

Boards and Commission: Disabilities

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

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Aerial view of State Street Village site.

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

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

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

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

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

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

Commissioners spent about 30 minutes asking question and pressing McKinley to go beyond what the code requires in terms of pedestrian amenities, a reduction of impervious surfaces, and stormwater management. “We’re putting our aspirations on you,” Bonnie Bona told them. The vote, which came near midnight, was unanimous – with only six of nine commissioners present.

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