Jackie and John Farah address the Ann Arbor planning commission at its Aug. 19, 2014 meeting. To the right is Andrew Walters of Metro Consulting Associates, who’s working on the Farahs’ project. (Photos by the writer.)

Both projects required approval of a special exception use from the commission, because the zoning doesn’t allow those uses without it.

It was the health spa/fitness center proposal that drew the most scrutiny from commissioners. John and Jackie Farah want to convert part of an existing office building at 3100 W. Liberty into a facility that would provide personalized training and guidance to help people develop healthier lifestyles. Jackie Farah stressed that the focus is on wellness, not on athletic fitness. The center would be in the same complex as John Farah’s dental practice.

Six people spoke during a public hearing on this project, including the Farahs as well as nearby residents. Concerns from neighbors included the disturbances that additional use of this site would have on their properties. Also speaking against the project was Brian Eisner, owner of the nearby Liberty Athletic Club, who expressed concern about increased traffic on West Liberty. The Farahs stressed that their effort would not increase traffic or negatively impact the residential neighbors.

During deliberations, commissioners considered putting limits on the hours of operation or restricting use to appointments only, but ultimately rejected those constraints. However, they did amend the special exception use to limit the amount of square footage that could be used for fitness center activities – to 9,000 square feet. It does not require additional city council approval.

The other special exception use was granted to the Community Music School of Ann Arbor, allowing it to operate at 1289 Jewett Ave., between South Industrial and Packard. The music school will share the building of Clonlara School, a private K-12 educational institution.

Commissioners also recommended the annexation and zoning of 2115 Victoria Circle, a half-acre vacant site west of Newport and north of M-14. If approved by the city council, the property would be annexed from Ann Arbor Township and zoned R1A (single family dwelling).

Farah Fitness Center

The Aug. 19 agenda included a request for a special exception use to create a fitness center at 3100 W. Liberty.

3100 West Liberty.

The proposal by the owners, John and Jackie Farah, is to convert part of an existing office building on the southern end of a 5.37-acre site into a fitness center that would operate similar to a physical therapy/rehabilitation facility, according to a staff report. The special exception use allows for indoor recreation on a site zoned office (O). It would be part of the Farah Professional Center, which was first developed in 1995 and expanded in 2005.

The site – on the north side of West Liberty, between Wagner and South Maple – includes a 13,000-square foot, two-story building and a 10,000-square foot, one-story building with an 89-space parking lot. The two-story building includes John Farah’s dental practice. The one-story building houses a dental consulting firm and a milling center for dentists and dental labs nationwide. The property is located in Ward 5.

The staff report stated that the proposed center “is a facility available to customers by appointment only, offering less than a dozen pieces of equipment such as treadmills, elliptical, bikes and nautilus machines. Yoga, spinning, massage therapy and acupuncture also will be offered. Hours of operation will be consistent with normal office/health practitioner business hours.” [.pdf of staff report]

The office zoning district is intended as a transition between residential areas and other types of uses that would be incompatible with neighborhoods. In addition to offices – including medical and dental – the office-zoned sites can include salons, funeral homes, artist studios, hotels, and private colleges. With a special exception use, the sites can include veterinarian hospitals and kennels, and indoor recreation.

Separately, the owners have submitted an administrative amendment to the previously approved site plan for changes to the office center’s parking lot. The proposal is to increase the number of spaces from 89 to 104 within the limits of the current parking area. The additional spaces are required to support the proposed indoor recreation use. The modified parking lot would have 70 full-sized spaces, 29 compact-sized spaces, and 5 barrier-free spaces. Of those 104 spaces, 12 would be “deferred” – meaning they will be shown on the planning documents, but not installed.

The administrative amendment does not require planning commission or city council approval. Nor is additional council approval required for the special exception use.

Staff recommended approval.

Farah Fitness Center: Public Hearing

Six people spoke during a public hearing on this project, including the Farahs as well as nearby residents. Some of them had also submitted letters to the commission.

Ira Mark.

Ira Mark told commissioners that he’s a resident of the adjacent subdivision, and lives on Trego Circle. “This building is literally in my back yard.” Almost 19 years ago, he addressed the commission with other neighbors who negotiated significantly with John Farah about the first building that was constructed. He said at that time, the neighbors were guaranteed that the development would have certain hours of operation. Over the years, he’s spent thousands of dollars on landscaping and blackout shades. His neighbors have done the same, Mark said. They still hear cars and see lights from the development.

He indicated that it’s good that the parking won’t be expanded. He hoped that any additional lighting would be minimized. He said he took offense at the Farahs’ statement that the hours of operation won’t be detrimental to the neighborhood. Sometimes there are runners in the parking lot at 5 a.m. – he can hear them talk about where they’ll be running. If the new facility is by appointment only, can people make appointments for 10 o’clock at night or 5 in the morning? Even now, sometimes there are lights on in the building after regular business hours, he said.

Mark said that Farah has been willing to talk to neighbors when they’ve had issues over the years, and those issues have been resolved. He gave the example of trash pickup that used to be done in the early morning. But if there’s a lot of traffic in the parking lot at odd hours, it will be disturbing, he said, and it would potentially impact his property value. [.pdf of Mark's letter]

Brian Eisner introduced himself as the owner of the nearby Liberty Athletic Club – it’s located on the opposite side of West Liberty, in Scio Township. His major concern was traffic. There’s already a problem along that section of West Liberty, he said, citing two very serious accidents in recent years. It’s almost impossible to make a left turn onto West Liberty from the south side, during certain times of the day. His business has been there for 40 years, and he’s seen the traffic pattern change.

Brian Eisner, owner of the Liberty Athletic Club.

Eisner said he knows how many people come to a fitness center, because he owns one. The Liberty Athletic Club has yoga classes with 40 people enrolled, “so these are not small numbers,” he said. The Farahs’ whole business model has been disguised, he said, and he’d like to know what the business model really is. He suggested that the planning commission restrict the number of people that could be in the building at any one time. “I’m just very, very leery about the very, very sketchy information that we have, and how that’s going to impact a serious, serious problem,” he said, referring to traffic. He said he represented the concerns of his club’s members as well. [.pdf of Eisner's letter]

Bill Moorhead, another nearby resident, said his concerns were similar to those stated by Mark and Eisner. He thought that the operation needed to be defined. Is it a spa, or athletic club, or rehabilitation facility? [.pdf of Moorhead's letter]

Andrew Walters of Metro Consulting Associates was attending on behalf of the Farahs, who were also at the meeting. The proposal is for a “modern lifestyle health spa,” he said. It would provide a combination of services that deal with maintaining a healthy lifestyle. The use is consistent with some of the other uses that are allowed without a special exception use, he said, such as health practitioner or beauty salons that provide massage. There is, however, an athletic component to their proposal, Walters added, and that’s what triggered the need for a special exception use.

No parking expansion is proposed, Walters noted. New spaces will be added by re-striping the existing parking lot. Nor is there planned expansion of the parking lot lighting, he said. Ultimately, it will just be a change in tenant of the building, and it won’t be a hindrance to the neighborhood. All the uses will be indoors, and the hours of operation will mostly be during general business hours – 8 a.m. to 7 p.m. Regarding traffic, the site currently has office and medical/dental office uses, he said. A health fitness club use would be expected to produce the same or less traffic than a medical/dental office, he said. The people who visit would be spread out during the day, not all at the start and end of the business day.

Jackie and John Farah.

The Farahs also addressed the commission. John Farah said he’s lived in Ann Arbor over 50 years. He’s a runner and believes in fitness. The proposal is to really help people lead a healthy lifestyle, he said. Many of his friends who are his age aren’t in as good of shape as he is, Farah said. “I think I have ways of helping people in the community.”

The place will be limited in size and will be very personalized, Farah told commissioners. He said that Ira Mark knows that any time the neighbors had a problem, he would address it. “I hate to say this,” Farah added, talking to Mark, “but you have never seen any runners in that lot. We have never had anybody congregating there in that lot.”

Before this space became empty, the previous tenants employed up to 22 people at one point, Farah reported. “We will not employ any more than three or four people in that area.” It should not affect the traffic in any detrimental way.

Farah noted that he’s been a member of the Liberty Athletic Club for many years, and he appreciates it. He’s taken many yoga classes there, and there have never been 40 people in a class. Usually the size is 12-15 people, except on Sundays when there are up to 25. That club also has only ??23 bikes in the spinning room, he noted.

Farah said he’s contributed to this community in many ways, and he thinks this new project will benefit the community too.

Farah then introduced his wife, Jackie Farah. There are many interpretations of the word “fitness,” she noted. But their focus is on the healthy lifestyle aspect, “and not fitness in a gym where you work out to become a better athlete.” Their spinning room will have eight bicycles. There will be one private yoga room for one or two people, she said, and the other yoga room will fit 12 people. “We’re really trying to zoom in on a very personal fitness plan for people,” she said. They’re proud of trying to help people, including those who’ve finished physical therapy or are fighting debilitating illness and need to continue with yoga or other instruction. The focus is on wellness, not on being a better athlete, she concluded.

Farah Fitness Center: Commission Discussion

Kirk Westphal wondered whether the description of the operation that’s included in the staff report would be tied to the special exception use – that is, would the special exception use only be valid as long as the fitness center reflects what’s described in the report? For example, the report states that the center will have less than a dozen pieces of equipment. What if the center eventually has two dozen pieces?

Alexis DiLeo of the city’s planning staff.

City planner Alexis DiLeo replied that the special exception use would be for an “indoor fitness center.” There are no limitations as to size or hours or maximum membership, she said, and the special exception use would apply to the entire site. However, it could be amended by commissioners to stipulate a limit on square footage, for example, or to put a limit on hours, she said.

Westphal wondered if city code for this zoning district puts any limit on hours of operation. No, DiLeo replied. There are city code limits on construction hours, but for not general business or retail hours.

Westphal also clarified with DiLeo that the special exception use would stay with the parcel, not the owner. “It’s not like a functional family,” she noted – a reference to a controversial request by local Jesuits for a function family special exception use earlier this summer.

Sabra Briere asked about the proposed use for the adjacent property that’s located in Scio Township. DiLeo replied that it’s owned by the Washtenaw County office of the water resources commissioner, and is part of the Sister Lakes drain. It’s open space, she said.

Briere ventured that the land creates a buffer between the residents on Trego Circle and the Farahs’ site. How wide is that buffer? DiLeo said she’d check to be sure, but she thought it was around 100 feet. Andrew Walters of Metro Consulting Associates reported that it’s at least 35 feet wide.

Ira Mark gives some information to Sabra Briere, who serves as the city council’s representative on the planning commission. Mark raised concerns about a proposed fitness center near his property off of West Liberty.

Bonnie Bona pointed out that in addition to the drain property, there’s also a landscape buffer for the parking lot. DiLeo said that it’s a conflicting land use buffer, so it should be a minimum of 15 feet. She added that some additional landscaping is being put in, as part of the redesign of the parking lot, in order to meet the city’s current square-footage requirement for a “vehicular use area.” DiLeo explained how the redesign was being handled. Walters reported that three trees are being added to the landscaping, mostly on the eastern side of the site – nearest to the residential area.

Eleanore Adenekan asked about the hours of operation, confirming with John Farah that it would be from 8 a.m. to 7 p.m. Farah said they haven’t worked out details about whether there would be weekend activity. It might be necessary to be there a few hours, to accommodate the schedules of certain individuals. He doubted they would do anything on Sundays.

Jeremy Peters asked whether the fitness center would take up the entire building – if not, how much space would be used? Farah replied that the building is two floors. His dental clinic is on the second floor, so the center would be on the first floor, with about 6,400 square feet.

Replying to another query from Peters, Farah said there would be trainers available to work with clients by appointment.

Bona commended the Farahs, saying that they’re proposing a great business, so her comments weren’t a critique of their business plan. “Creativity and keeping people healthy is all a good thing – it’s whether or not it’s appropriate in this location,” she said.

Bona said she’s struggling with the use of an indoor fitness center. What zoning district would allow for a more traditional fitness club, like Liberty Athletic Club? DiLeo replied that the bulk of the city’s zoning ordinance was developed in the 1960s, and terms like “gym” and “yoga” are not included. The ordinance does mention indoor recreation – for court games like raquetball, which were popular at that time.

Planning commissioner Bonnie Bona.

But the ordinance has to be interpreted for modern times, DiLeo said. So the staff has interpreted and applied the ordinance to allow for a gym or fitness use on sites that are zoned as commercial districts, as well as in other zoning districts – office and light manufacturing – that allow for indoor recreation as a special exception use.

Wendy Woods asked what entity is responsible for West Liberty Street? Briere responded that the road is actually in Scio Township. DiLeo noted that the road is under the purview of the Washtenaw County road commission.

No traffic study is required for this project, DiLeo explained. A study is triggered only if the Institute of Traffic Engineers manual indicates that a site’s use will generate more than 50 trips in a peak hour, she said. Based on this project’s square footage and type of use, it fell below that amount.

Bona said the concerns she’s heard relate to hours of operation, traffic, lighting, and the amount of parking. The principal uses that are allowed in an office district – such as beauty salons, institutions of higher education, hotels, health practitioners – vary widely in their hours of operation, she noted. The district allows for a lot more flexibility than what perhaps the neighbors would like, she said.

Bona added that she was struggling to figure out how the Farahs’ proposed use was different from a health practitioner. She wondered why a special exception was needed in the first place, and it didn’t make sense to limit the hours of operation when some of the other allowed uses would have even longer hours.

Planning commissioner Kirk Westphal.

Diane Giannola said she saw things a bit differently. In a commercial area, there are more comings and goings during the day. For an office area – including a medical center – there would be less coming and going, she said, because people would primarily be entering and exiting at the beginning and end of the work day. So a commercial fitness center would have much more traffic than an office, she said.

Giannola’s concern with this item was that the special exception use would be attached to the property. The Farahs’ project appears to be appointment-only, she noted, which would limit the number of people coming into the site. She suggested amending the special exception use so that it would be limited to appointment-only centers. That would limit it for future uses too, so that businesses like Curves wouldn’t be allowed to operate there.

Responding to a query from Briere, John Farah said the dental consulting firm and milling center combined employ about two dozen people, who work during standard business hours. The same is true for employees of his dental office, though in that case there are also patients who arrive and depart throughout the day. Briere noted that in a way, the fitness center would be like adding dental patients, because they’d have scheduled appointments.

Farah thought the flow of people to the fitness center would be much lower than for his dental office. Walters added that the fitness center wouldn’t be adding to peak-hour traffic.

Planning commission chair Wendy Woods.

Briere pointed out that the entire site won’t be used for one purpose, but it will continue to be used for multiple purposes. She agreed with Bona, saying she’s hard-pressed to see why this fitness center requires a special exception use. She suggested it might be time to revisit the city code, since it’s so outdated.

Bona clarified that her intent isn’t to change the rules, but rather to define businesses that exist today that are consistent with those already allowed. “We’re not talking about allowing things that would have characteristics dramatically different from what’s already allowed,” she said.

Westphal wanted to make sure commissioners all understood what would be allowed under this special exception use, which applies to the whole site. The lot hasn’t been developed as much as it could be, he noted, so if the property changed hands, this special exception use could allow for a significantly expanded fitness center, like a Planet Fitness. He didn’t doubt that the Farahs planned a smaller operation, but he wanted to be clear that in the future, something like a large gym would be a possibility.

DiLeo noted that the staff typically recommends some kind of quantity limit on any special exception use. For example, a special exception use for veterinary kennels would typically limit the number of dogs. Most schools come with a maximum number of students. So perhaps in this case, she said, it would make sense to limit the square footage allowed for a fitness center.

Planning commissioner Jeremy Peters.

Westphal said he’d be open to that, as well as to some kind of “generous” limit on hours of operation.

Peters supported a limit on square footage, and also suggested limiting the usage to appointments only. That might address at least some of the traffic concerns, he said.

Bona said she’d like to see this business operate at this location. Regarding the suggestion on limiting use to appointments only, she noted that this zoning district allows institutions of higher education – without a special exception use. Such institutions hold classes, she observed, and those are often held in the evening. “It’s a little odd to put restrictions on a use when some of the allowed primary uses can do more,” Bona said.

However, Bona added that in the interest of allowing this to move forward, the appointment limitation and square footage are reasonable, “especially since it looks like we need to have a more robust discussion about how we define primary use.” She suggested that if revisions to the city code are made, the district shouldn’t be called “office” if there are a lot of non-office uses that are allowed. It misleads the neighbors into making certain assumptions about what could be located there, she said.

Giannola asked whether Farah intended to sell unlimited-use passes for the facility.

Farah responded by saying he was trying to be creative with this project, and to accommodate people in various ways. “I mean, how many restrictions can you put, you know?” Farah asked.

Planning commissioner Eleanore Adenekan.

They’ve thought about whether to offer classes or a lecture to small groups, on topics like nutrition. They’ll probably experiment with different ideas, he said. But in general, it would be geared toward very small numbers of people. That makes it different from places like Liberty Athletic Club, he said.

Regarding limits on hours of operation, Farah said they want to cater to individuals – so occasionally, someone might need to be there until 8 p.m. He didn’t think it made sense to put time limitations. Giannola replied that it’s not a concern with his business, but if he sold the building, someone else could put in a different operation. “I’m not selling the building,” Farah said.

Giannola noted that in 10 or 20 years, that might change. The city can’t take back a special exception use, if all of the requirements are being met, she noted. So that’s why commissioners are being cautious.

Based on the discussion, Westphal said he’d withdraw his suggestion to limit the hours. He also questioned the enforceability of restricting the use to appointments only. However, he’d continue to support a limit on square footage.

Peters proposed amending the special exception use to limit it to 9,000 square feet.

Outcome on amendment: It passed unanimously on a voice vote.

There was no further discussion.

Outcome on amended special exception use: It passed unanimously and does not require additional approval from city council.

Community Music School

The planning commission was asked to grant a special exception use to the Community Music School of Ann Arbor to operate at 1289 Jewett Ave., between South Industrial and Packard. It would allow the private music school to use the Clonlara School building with a maximum of 150 students at any time.

Jill Thacher of the city’s planning staff gave a report on the Community Music School request.

Clonlara School, a private K-12 institution, is located in a district zoned R1B (single family dwelling), which permits private schools if given a special exception use approval. Most of the surrounding properties are single-family homes or duplexes. Clonlara already has a special exception use to operate with a maximum of 150 students. No changes are planned for the exterior of Clonlara’s 16,900-square-foot, single-story building.

The music school will primarily use the facility on weekdays from 3:30-9 p.m., on Saturdays from 9 a.m. to 6 p.m., and on occasional Sunday afternoons. Over the last three years, the music school has enrolled 220-250 students, but on an average day, only about 25-30 students come in for lessons.

Even if there were an overlap in classes between Clonlara and the music school, there could only be a total of 150 students in the building at the same time.

Clonlara School’s 2.46-acre site includes 22 parking spaces in a parking lot off Jewett Avenue, plus three spaces behind a rental house located north of the school building. A one-way drive runs north from Jewett to Rosewood Street.

The city’s traffic engineer reviewed this request and thought that the number of instructors and students on that site at any given time would have a negligible traffic impact. Jill Thacher of the city’s planning staff reported that there’s good public transportation access to that location, with a bus stop near the corner of Jewett and South Industrial, and other nearby stops on Packard. [.pdf of staff report]

Thacher said she’d received two calls from neighbors about this request, both of them inquiring about how loud the music would be. Clonlara windows don’t open, she noted, so that helps to contain sound. “They don’t intend to hold lessons outdoors on the site,” she added.

Community Music School: Public Hearing

Two people spoke during the public hearing, both in support of the special exception use.

Kasia Bielak-Hoops, executive director of the Community Music School (formerly the Ann Arbor School for the Performing Arts).

Kasia Bielak-Hoops, executive director of the Community Music School (formerly the Ann Arbor School for the Performing Arts), explained why the school would like to move to Clonlara. “We feel that it is an incredible capacity-building opportunity for us,” she said, and also an opportunity to collaborate with a similar organization.

The music school’s activities will not disturb the peace of the neighborhood, she said, and it might even be a resource to the community. She quoted from an email she’d received from a resident who lives on Jewett. The resident described the move as a “win-win” for the neighborhood, enlivening it with kids and families. Maybe some nearby residents would even sign up for classes.

Bielak-Hoops said she’d be happy to answer any questions that commissioners might have.

Martha Rhodes, Clonlara’s campus director, also described the compatibility of the two schools and their focus on lifelong learning. Clonlara has worked hard to become a “green” school, she said, and this change would continue that effort – because it would bring more activity to a large building that sits empty after 3:30 p.m. and on weekends.

The music school also offers the opportunity for deeper programming for Clonlara’s students, Rhodes said, “and an opportunity for both programs to grow together.” She hoped the commission would see it as a really good use of empty space, and would approve the special exception use.

Community Music School: Commission Discussion

Diane Giannola asked why the music school needed a special exception use, since there’s already an active special exception use for a school at that location.

Planning commissioner Diane Giannola.

Jill Thacher replied that music schools are considered to be different “because they make more noise than elementary schools,” though she joked that as someone with experience at elementary schools, she might challenge that assumption.

Jeremy Peters noted that he works in the music industry and has a degree in music, so he joked that his question will probably cause his friends to yell at him. He wondered if the school was planning to hold lessons for amplified instruments.

Kasia Bielak-Hoops replied that they do offer a jazz studies program that includes electric guitar. They also have a guitar teacher who gives lessons in both acoustic and electric guitar. “But the plan is to have it indoors,” she said.

Peters cautioned that the music school should be aware of possible concerns from neighbors over noise. He said it didn’t seem like that would be an issue, but he wanted to raise it since the city had heard from residents about it.

Responding to comments made during the public hearing, Kirk Westphal noted that the planning commission does like to see buildings used longer and parking lots filled more times during the day.

Outcome: Commissioners unanimously granted the special exception use for the Community Music School.

Victoria Circle Annexation

The Aug. 19 agenda included a resolution to recommend the annexation and zoning of 2115 Victoria Circle, a half-acre vacant site west of Newport and north of M-14.

2115 Victoria Circle.

If approved by the city council, the property would be annexed from Ann Arbor Township and zoned R1A (single family dwelling).

The owner, Abayomi Famurewa, wants to build a single-family home there and connect to the city’s public water and sanitary sewer service. The staff report notes that the city’s storm sewer system does not extend to that area at this point. [.pdf of staff report] Staff had recommended approval.

No one spoke during a public hearing on this item.

Victoria Circle Annexation: Commission Discussion

Sabra Briere noted that the city has recently annexed several properties on Victoria Circle. Homeowners in the adjacent neighborhood have concerns that driveways would lead onto Newport Creek or one of the nearby streets. She pointed out that the property under consideration looks like it could have a driveway onto Newport Creek. Briere wondered if the city has any restrictions on that type of thing.

City planner Alexis DiLeo replied that Newport Creek is a public street, and the number of curbcuts permitted for any particular property is based on the property’s frontage onto a road. She noted that the property didn’t actually connect to Newport Creek. She didn’t believe the 2115 Victoria Circle site had enough frontage to warrant two curbcuts on Victoria Circle.

Bonnie Bona observed that the property has public land on one side (the Riverwood Nature Area), as well as sites zoned for single-family dwelling (R1A) and two vacant lots zoned as planned unit developments (PUDs). She asked about the history of the PUDs. DiLeo replied those sites zoned PUD are city-owned parkland, though she could not recall why they were still zoned PUD. She explained that the sites are “virtually undevelopable,” because it would require a voter referendum to sell parkland.

Kirk Westphal asked if the city-owned PUD sites were used as cut-throughs to the nature area, and whether the property owner of 2115 Victoria Circle knew that people might use it for that purpose. DiLeo said she wasn’t sure on either count. Briere ventured that there’s not currently a trailhead at that location into the nature area. DiLeo replied that staff could mention it in the letter that would be sent to the owner after annexation is approved.

Outcome: Commissioners unanimously recommended approval of the annexation and zoning. The item will be forwarded to city council for consideration.

Present: Eleanore Adenekan, Bonnie Bona, Sabra Briere, Diane Giannola, Kirk Westphal, Wendy Woods, Jeremy Peters.

Absent: Ken Clein.

Next meeting: Wednesday, Sept. 3, 2014 at 7 p.m. in council chambers at city hall, 301 E. Huron. [Check Chronicle event listings to confirm date.]

From left: Paige Morrison, Colin Smith, Bob Galardi and Graydon Krapohl before the start of the Aug. 19, 2014 Ann Arbor park advisory commission meeting. (Photos by the writer.)

Regarding feedback on Liberty Plaza and Library Lane, PAC unanimously passed a resolution to form a subcommittee to study issues related to those urban parks, and to allocate or obtain resources to oversee programming there for up to a year.

Based on that effort, the subcommittee would analyze the outcome and deliver recommendations to council next year – no later than October 2015. This resolution, drafted by PAC chair Ingrid Ault and vice chair Graydon Krapohl, had been emailed to commissioners earlier in the day but was not available to the public prior to the meeting. [.pdf of Aug. 19, 2014 Liberty Plaza resolution]

The Aug. 19 discussion also included comments from Matthew Altruda, who programs the Bank of Ann Arbor’s Sonic Lunch weekly summer concert series at Liberty Plaza. Ault had invited Altruda to the meeting to describe that effort, which is widely cited as a successful use of Liberty Plaza.

Regarding the fee waiver, PAC voted unanimously to extend the waiver through October 2015 – coordinating with the subcommittee work on Liberty Plaza and Library Lane.

Both Aug. 19 items – the feedback to city council (but with no accompanying resolution) and fee waiver – had originally appeared on PAC’s July 15, 2014 agenda, but were postponed because three commissioners were absent at that meeting.

In other action, PAC recommended approval of three three-year professional services agreements (PSAs) for engineering services in the parks and recreation unit – with SmithGroupJJR, Stantec Consulting Michigan Inc, and Tetra Tech Inc. The amount was not to exceed $150,000 annually per agreement.

The commission also elected David Santacroce as chair for the coming year, replacing Ingrid Ault in that position. Paige Morrison was elected as vice chair. Each vote was conducted by “secret ballot” as stipulated in PAC’s bylaws. The one-year terms begin Sept. 1.

One topic that did not appear on PAC’s Aug. 19 agenda was a review of the proposed four-year extension on a University of Michigan lease of three parking lots at Fuller Park. The city council – at its meeting the previous night, on Aug. 18 – had indicated an interest in having PAC take another look at the lease renewal, but parks and recreation manager Colin Smith told commissioners that he didn’t have additional details on the request.

During deliberations on Aug. 18, mayor John Hieftje had recommended postponing council action until early October, in order to give PAC two meetings during which they could reevaluate the lease agreement. PAC had already recommended approval of the lease, after discussing it at their July 15, 2014 meeting. The parliamentary option chosen by the council was to postpone, not to refer to PAC.

The two council representatives on PAC – Mike Anglin (Ward 5) and Christopher Taylor (Ward 3) –  chose somewhat different points of emphasis in their characterizations of the council’s Aug. 18 action on the Fuller Park lease. When Anglin told commissioners that the council wanted PAC to review the lease again, Taylor stressed that the council action was “a straight postponement” – not a vote to refer the item back to PAC. He added that the council was interested in hearing if PAC has any further thoughts on the use of the site.

Liberty Plaza & Library Lane

Two items on the Aug. 19 agenda related to Liberty Plaza: (1) extension of a fee waiver for events held at Liberty Plaza; and (2) feedback in response to city council action, which addressed Liberty Plaza and the potential park atop the Library Lane underground parking structure.

PAC chair Ingrid Ault.

Both Aug. 19 items – the feedback to city council (but with no accompanying resolution) and fee waiver – had originally appeared on PAC’s July 15, 2014 agenda, but were postponed because three commissioners were absent at that meeting.

After July 15, however, PAC called a special meeting for Aug. 5 to begin their discussion on providing feedback to the city council on Liberty Plaza. PAC’s discussion on Aug. 19 was informed in part by a packet of material provided to commissioners at that Aug. 5 special meeting, which The Chronicle was not able to attend because it was the date of primary elections. [.pdf of Aug. 5 Liberty Plaza packet] The materials included a memo with background and a bulleted list of issues related to Liberty Plaza, a list of potential ideas to address these issues, and suggestions for next steps.

Also included were PAC’s downtown parks recommendations, and a summary of previous work related to downtown parks, such as results from surveys conducted by the Ann Arbor Downtown Development Authority’s Connecting William Street study and by PAC’s downtown parks subcommittee. The packet also included case studies from downtown parks in four other communities: Director Park in Portland, Oregon; Arcadia Creek Festival Place in Kalamazoo; Campus Marius Park in Detroit; and Katz Plaza in Pittsburgh.

Commissioners continued that discussion on Aug. 19, focused on a newly crafted resolution that had been drafted by PAC chair Ingrid Ault and vice chair Graydon Krapohl. [.pdf of Liberty Plaza resolution, as amended by PAC on Aug. 19]

Liberty Plaza & Library Lane: Background

The PAC resolution discussed on Aug. 19 responded to a city council resolution that had been considered at the council’s June 16, 2014 meeting. That council resolution had been brought forward by Christopher Taylor (Ward 3) – who serves as an ex officio member of PAC – as well as mayor John Hieftje, Margie Teall (Ward 4) and Sabra Briere (Ward 1).

Liberty Plaza is highlighted in green. The surface of the Library Lane parking structure is highlighted in yellow. The city council has designated 12,000 square feet of that lot, on the west side along the South Fifth Avenue, as a future park.

The original version of Taylor’s resolution would have directed the city administrator to “work collaboratively with the property owners adjacent to and near Liberty Plaza, the general public, PAC [park advisory commission], the Ann Arbor District Library, and the DDA to develop a conceptual design for an improved Liberty Plaza…”

But after nearly an hour of debate on June 16, the council voted to refer the resolution to PAC instead of approving it. The vote on referral to PAC came amid deliberation on some amendments to the resolution proposed by Jane Lumm (Ward 2) that would have broadened the scope of the effort to include the Library Lane lot. [.pdf of Lumm's amendments]

Funding for the collaborative work on the redesign, in the amount of $23,577, was specified in the proposed resolution as coming from the parks and recreation budget. In addition to a concept for a “re-imagined Liberty Plaza,” the resolution was supposed to result in options for funding construction, to be provided by city staff. Taylor’s resolution called for a report to be provided to the park advisory commission by December 2014 and to the city council a month later in January 2015.

Taylor’s resolution came in the context of a push by some Ann Arbor residents – including members of the Library Green Conservancy – to establish public park space on top of the underground Library Lane parking garage, which is southwest of Liberty Plaza separated from that park by a surface parking lot owned by First Martin Corp.

Related to that, the council voted at its April 7, 2014 meeting – as part of reconsidering a vote it had taken at its previous meeting on March 17 – to designate a 12,000-square-foot portion of the Library Lane surface to be reserved as an urban park. The result of the reconsidered resolution on April 7 undid the council’s earlier decision to establish a square foot range for the urban plaza – from 6,500-12,000 square feet. That April 7 council decision was made on a 7-4 vote, with dissent from Taylor, Hieftje, Teall and Chuck Warpehoski (Ward 5).

Deliberations among councilmembers on June 16, 2014 included questions about why PAC hadn’t been consulted on the resolution on Liberty Plaza. Taylor indicated that it wasn’t necessary to consult PAC, as it’s the council’s prerogative to set policy. PAC’s regular monthly meeting had been scheduled for June 17 – the day after the council meeting – but it was canceled.

PAC had previously been directed by the council to develop a set of recommendations regarding downtown parks, which were completed last year and included recommendations for Liberty Plaza and the Library Lane site. The council accepted PAC’s recommendations at its Nov. 7, 2013 meeting. [.pdf of 21-page PAC downtown parks report]

Liberty Plaza & Library Lane: Public Commentary

Two people spoke about this topic during the first opportunity for public commentary at PAC’s Aug. 19 meeting.

Ethel Potts told commissioners that she watches their meetings on Community Television Network. “You haven’t seen me, but I see you,” she said – a comment that drew laughs. The city council has given PAC an assignment to do something with Liberty Plaza, she noted. But the council has tied PAC’s hands by limiting the planning to Liberty Plaza. She described the plaza as “orphaned public space, unconnected to anything else in that whole block.” It used to connect to the lower level of the adjacent building, owned by First Martin Corp. on East Liberty, Potts said. Now, that building seems to be mainly offices, she added, with “very little coming and going of people.”

Ray Detter at the Aug. 19, 2014 meeting of the park advisory commission.

Potts thought the plaza’s design is charming, with two features that every park should have – shade and seating. However, to be a success it needs to connect to the downtown library, to the future park on Fifth Avenue [on top of the Library Lane underground parking structure], and to the bus station. She noted that someday, there will be a building over part of the Library Lane structure.

Liberty Plaza needs to have a connection, “so that it isn’t just left out there on a corner on its own,” Potts said. “I would ask you to please disregard the limits put on your planning by council.”

The idea of connecting Liberty Plaza with the rest of that block is supported by the Ann Arbor Preservation Alliance, which is very concerned about the historic buildings on Liberty and Division in that same block, she said. Liberty Plaza itself is becoming historic, she concluded.

Ray Detter said he was speaking on behalf of the downtown citizens advisory council. Most of the July DCAC meeting was devoted to a discussion of the future of the “library block,” he said – particularly Liberty Plaza and the future park on top of the Library Lane parking structure. With the former Y lot now sold and a broker hired to explore the sale of development rights on the Library Lane site, “we should all be ready to plan a great urban space on that entire block,” Detter said.

Members of the DCAC support development of a significantly-sized public plaza on the South Fifth Avenue side of the Library Lane site, Detter said, as well as use of Library Lane all the way up to the parking structure entry for scheduled community activities. DCAC also supports pedestrian walkways. All future development should take into consideration the needs of the downtown library, possible connection to the Blake Transit Center, the University of Michigan credit union site, the former Y lot, and nearby historic properties, businesses and residents, he said.

DCAC also supports a new tax-producing private or public development on the major part of the Library Lane site – a development that would provide “eyes” on a future adjoining public plaza, Detter said. In April, he noted, the city council resolved that the city would work with the developer of the remaining portion of the Library Lane site to ensure that the design serves both spaces. A lot of work and outreach has been done to develop integrated planning, he said, “and I think it’s time we really use it.”

Detter noted that the DCAC was involved in the 1991 Luckenbach/Ziegelman study, as well as with the 2005 Calthorpe study and more recently the DDA’s Connecting William Street study. All of these studies support a vision for the entire block and area, he said. “Connecting Liberty Plaza and the proposed Library Lot plaza have always been a major part of that plan,” he said. No money should be spent on redesigning Liberty Plaza unless it’s a part of that broader vision. He hoped that any money spent would be used for programming on Liberty Plaza. Events such as Sonic Lunch and Magic Carpet Mornings have proven that with the right programming, Liberty Plaza can be a downtown asset, he said.

Saying that PAC might have forgotten it, Detter recalled that about 10 years ago a group had formed called Friends of Liberty Plaza, which raised $250,000. The DDA agreed to give $250,000 if the city parks department gave $50,000, Detter said. Ron Olson, the city’s park director at that time, agreed to that. So there were major improvements made then, he said. However, he added, “we did not eliminate the problems that the park still faces today. We think we can do that with a comprehensive plan for the entire park.”

Liberty Plaza & Library Lane: Commission Discussion

PAC chair Ingrid Ault began the discussion by noting that both of the city councilmembers who serve on PAC – Mike Anglin and Christopher Taylor – were running late. She hoped that Taylor especially would arrive in time to participate, because he had sponsored the council resolution that PAC would be discussing. [He arrived about 30 minutes into the discussion.]

Colin Smith, the city’s parks and recreation manager, pointed out that the council did not vote on Taylor’s original resolution or on amendments proposed by Jane Lumm. Rather, they referred the resolution and amendments to PAC for consideration and feedback about costs and a timeline.

Ault apologized to commissioners, noting that they had not been sent her draft two-page resolution until earlier that day. It had turned out to be more complicated than she’d anticipated. She said the last page was the most important, and she then read it aloud:

Whereas, placemaking principles specifically identify the importance of dedicated and sustained programming resources as vital components of successful urban public spaces,

Whereas, dedicated and sustained programming resources have not historically been allocated in direct support of Ann Arbor urban parks, especially Liberty Plaza,

Whereas, PAC recommends the formation of a subcommittee to study and specifically address the issues associated with urban parks, especially Liberty Plaza and the Library Lot,

Whereas, PAC recommends that prior to any resource being allocated for redevelopment efforts directed at planning and redesign of either Liberty Plaza or the Library Lot, that resources, human and material, be allocated or obtained to specifically oversee the programming of Liberty Plaza and the Library Lot for a period not to exceed one year in order to answer the following questions:

1. Determine costs for on-going dedicated resources (human and material) for programming of the spaces for one year, recognizing that key element for success of any urban park is sustained and meaningful programming of the space.

2. Determine the success of programming efforts and how the currently designed spaces function in support of that programming. What worked and didn’t work?

3. Determine at the end of the study if issues long associated with Liberty Plaza are a function of design or the absence of sustained and meaningful programming, or a combination of both.

4. If shortcomings are design related, does it warrant a partial or complete redesign based on the outcomes of the study?

5. Determine what role adjacent and near by properties (public and private) have along with other downtown neighbors with regard to Liberty Plaza in determining key stakeholders for ongoing discussions.

NOW THEREFORE, BE IT RESOLVED, to reaffirm the purpose of PAC is to provide for public involvement in community park and recreation services and to provide advisory recommendations to the Manager of the Department of Parks and Recreation, City Administrator and Council regarding parks administration,

BE IT FURTHER RESOLVED, that PAC recommends that Council accept the above recommendations and direct staff and PAC to answer these questions and report their findings no later than October 2015.

Ault said that she and Krapohl had forgotten to include what funds would be designated for this purpose, so the resolution would need to be amended for that.

This would be a big undertaking, Ault said, so the timeframe was very important. It’s not something that could be done in the timeframe indicated by the council resolution – January 2015. She noted that PAC’s downtown park subcommittee had worked for nine months to complete its recommendations.

Pushing back the timeframe would allow PAC and staff to use the fall and winter to come up with ideas for programming, which could be implemented in the spring and summer, she said. The results of that programming then could be reported to the council in the fall of 2015. “You can’t make improvements unless you know how [the space] functions currently,” Ault said.

Liberty Plaza & Library Lane: Q&A with Matthew Altruda

Ault reported that she had asked Matthew Altruda to attend the Aug. 19 meeting and share his observations about what works or doesn’t work at Liberty Plaza, based on his experiences programming the Bank of Ann Arbor’s Sonic Lunch weekly summer concert series.

Matthew Altruda programs the Sonic Lunch summer concert series on behalf of the Bank of Ann Arbor.

Altruda briefly described the history of Sonic Lunch, saying that the bank’s president, Tim Marshall, had wanted to sponsor an event that used music to build community. “We believe music is one of the great chariots of building community. When you’re out seeing music and dancing with someone, that’s where you meet your great friends and future husbands and wives – it really brings the community together.” He pointed out that in the movie “Braveheart,” the only time the characters are enjoying themselves is when they’re dancing around the fire.

Sonic Lunch is a huge event and it takes a lot of time, Altruda said. This summer is the seventh season for this series, and any event that someone tries in a city park needs to be given a few years to get off the ground. “We are in the fruits of our labor now, with great turnouts and the city really embracing us,” he said. It’s extremely difficult to make a new Ann Arbor tradition.

A lot of people understand the “non-programming” that goes on in Liberty Plaza, Altruda said – some people talk about how it’s a place where homeless people hang out or where drug activities occur. In his experience, when the Bank of Ann Arbor staff shows up, the people who are hanging out at Liberty Plaza usually leave. First and foremost, these are people in the Ann Arbor community, Altruda said. “We treat them with respect, and when it’s time for us to do our programming in the park, they return that respect and leave.” If they don’t leave, they “act like great citizens and enjoy the music like everyone else,” he added.

Ault said that one thing PAC learned when they studied downtown parks is to focus on behavior, not on particular groups of people. She thanked Altruda for reminding them of that. “Everybody has the right to use a public space, until behavior encroaches,” she said.

Paige Morrison asked Altruda to elaborate on obstacles that Sonic Lunch has faced. Altruda replied that some of it relates to reassuring families about the safety of Liberty Plaza. Early on, there was an issue with people panhandling, he said. So some confidence had to be built to assure visitors that the park was safe.

“A lot of people fear the unknown, and when they walk by the park, they’re thinking that there’s terrible people there doing terrible things,” Altruda said. “I think that’s an unfair thought to have for these people.” There are definitely some “bad apples” who hang out at Liberty Plaza, he added. But others have started to police themselves, he said, if someone is out of line.

PAC member Paige Morrison.

Bob Galardi asked how much time is devoted to programming these concerts. Altruda said it doesn’t seem like a lot of time because he’s passionate about it, but in fact it’s his job and he does spend a lot of time on it. He works on Sonic Lunch year-round, communicating with record labels and booking agents to ensure that the series gets great performers. It’s part of the bank’s marketing effort, he said, so they spend money and time on the event.

To do other kinds of programming at Liberty Plaza, “it would take a lot of passionate people that want to do great events, and empowering them to do so. I think that passion is just gonna run wild with this community, if given the opportunity,” he said.

Graydon Krapohl asked about costs. Altruda replied that it’s a marketing opportunity for the bank, “so we’re definitely putting a lot of money and effort into it.” He indicated that although the bank is willing to spend a lot of money to bring major artists like Michelle Chamuel and ZZ Ward, that level of support isn’t necessary to have a successful event. “We just go big because it’s part of our vision, with the size of the event,” he said. If it were scaled down, Altruda thought they could still put on a great event. He added that he didn’t really know how to address the budget issue for other events.

Alan Jackson asked whether it mattered if the infrastructure of Liberty Plaza were different in some way – like eliminating the sunken aspect of the plaza. Altruda said it’s definitely been an issue, but it improved when the city trimmed and removed some bushes to create better sight lines for the bands. The bank also bought a stage that it sets up each week, which has helped. Altruda said he’s been told that people hide in the sunken parts of Liberty Plaza to do various things, but he hasn’t seen any of that.

Altruda said that if you leave Liberty Plaza alone, people will come and do whatever they want. But if you put on great events, then the people who want to participate in those events will come. There needs to be programming at Liberty Plaza, so that people will want to come there and bring their families, he said, “changing the perception to make people feel safe there.”

Altruda added that he feels safe at Liberty Plaza now, because 99% of the people who hang out there are harmless. But others might not have as much faith in people as he does, he said.

Liberty Plaza & Library Lane: Commission Discussion

Graydon Krapohl began the discussion by stressing the importance of programming any urban space. For Liberty Plaza, he noted, there hasn’t been a commitment to sustain programming over a period of time, to offset some of the behaviors that take place there. That’s a critical thing to explore before making recommendations about infrastructure, he said. “I’m not sure we know what needs to be redesigned or how it needs to be redesigned until we actually do programming” to see what does or doesn’t work, and how programming can be coordinated between Liberty Plaza and Library Lane.

PAC vice chair Graydon Krapohl.

Ingrid Ault highlighted some data associated with Campus Martius Park in Detroit. She was there about a month ago for lunch, and there was live music, a small farmers market, a sand beach and fountain. It’s commonly lauded as a great public space, she said, but it entails a lot of investment. It costs between $1.2 million and $1.4 million each year to operate, Ault said. “That’s pretty serious dollars – which comes back to the funding.”

So the city needs to identify sustainable funding before moving forward, she said. “That’s the one area that I’m gravely concerned about, with only $23,000 being identified at this point.”

Colin Smith, the city’s parks and recreation manager, clarified that the $23,577 mentioned in the council resolution was the result of a “parks fairness” budget resolution. Every year when the city council approves the city’s annual budget, adjustments are made to ensure that the parks budget is increased to match any increase in general fund expenditures in other areas, or to make sure there aren’t disproportionate cuts to the parks budget. This year, the parks budget was increased by $23,577 as a result of the budget amendments that were approved for the general fund.

Smith noted that the $23,577 isn’t currently allocated for any specific purpose. He added that if there is a desire to heavily program Liberty Plaza for a year, then “that is by no means enough.” He said he didn’t have any suggestion for where additional funding might come from within the parks and recreation budget. PAC could always suggest that the council consider using general fund reserves, he added.

Traditionally, Smith explained, the parks staff has done programming within the city’s recreation facilities – the pools, rinks, canoe liveries and golf courses. The “non-facility” parks, which comprise the majority of city parks, are unstaffed from a programming standpoint, he said.

Mike Anglin, a city councilmember and ex officio member of PAC.

But urban parks, to be successful, really do require some level of staffing, Smith said, noting that Director Park in Portland, Oregon, makes a good case study. It’s about the same size as the entire Library Lane site, and it also has underground parking. That park has fountains, public art, a cafe – and 26 businesses around the park’s perimeter. The annual operating costs are $475,000, which comes out of the city of Portland’s general fund. That funding is primarily for maintenance and staffing, Smith said, including a full-time “urban park specialist” who oversees the park.

Smith said he talked to Director Park’s specialist, who described it as “a community center without walls that requires attention every hour of the day.” Smith added that her words rang true to him. “It works really well when you work really hard at it.” For Liberty Plaza, $23,577 isn’t enough to make a difference – nor would it be a one-time investment, he said. Even if Liberty Plaza is redesigned successfully, funding would be needed on an ongoing basis.

Mike Anglin said that one way to evaluate a park is by looking at its use. That’s something to keep in mind if the city moves forward with programming. He recalled that one year there was a parade around Christmas time, and he was amazed at how many people came downtown. “We have a lot of talented people who have pent-up energy,” Anglin said. That’s something the city should tap into in a very positive way, he added. Anglin also spoke about the New York City park system, and some of its programming.

Alan Jackson wanted commissioners to keep in mind that if funding is spent on Liberty Plaza or a Library Lane park, “there may be associated economic benefits.” He suggested that when they evaluate the outcome of programming, they also evaluate benefits to adjacent businesses.

Karen Levin wondered if there were ways to partner with other entities, like the Ann Arbor Downtown Development Authority.

PAC member Karen Levin.

David Santacroce pointed out that there might be people who are willing to program the space at no cost to the city. He cited the Sunday Artisan Market at the Ann Arbor farmers market. He supported the approach reflected in Ault’s resolution. No matter how Liberty Plaza might be redesigned – other than fencing it off – without people in the park, there will continue to be “behavior that we may not want in a park.” Santacroce noted that Liberty Plaza has already been redesigned, “and it still didn’t accomplish what we wanted it to accomplish.”

Based on previous PAC discussions, Santacroce thought there was consensus that commissioners aren’t endorsing a city-funded public park versus a public space funded by a developer of the Library Lane site. “We’re not weighing in on that,” he said. That’s important to note, he added, because the process is still underway regarding development of that site.

Bob Galardi agreed. He wondered whether PAC had the purview to insert a whereas clause related to funding sources. Smith replied that since it was a recommendation to the council, adding that kind of clause would be appropriate, if that’s what PAC wanted to do. Galardi thought there might be other sources of funding, beyond just the city.

Smith said that since the programming would be for a year, it would likely be handled by hiring someone on contract to do the work. There’d need to be funding for materials and supplies as well, and possibly for security. Parks staff could come up with an estimate for the cost, he said. It’s also important to be very focused about what a contractor’s roles and responsibilities will be during that year, Smith added. He noted that it would take time to develop partnerships and other funding sources. Would that be the person’s focus? Or would the worker focus primarily on programming? He urged commissioners to keep in mind that they can’t accomplish everything immediately.

Anglin cautioned against hiring someone to “run” the programming. He wanted to make sure the community had the opportunity for input and consensus. “This is a discussion that needs buy-in first before we proceed,” Anglin said. If you have events and people show up, that means you’re on the right track, he said. But if no one comes, “you’re not moving – you don’t have the support.” Anglin thought it would take some time to do, saying that “deliverables in the public sector are very difficult, as we all know.”

PAC member Alan Jackson.

Jackson thought a one-year process would be setting it up for failure. It would probably take at least two years, he said.

Santacroce noted that there was a lot of public input when the PAC subcommittee on downtown parks did its work just last year. “I would be hesitant to re-engage the public in the identical conversation that we just did a year ago, because I think it’s a waste of time and public resources,” he said. One strategy might be to refine the request for input, he added, which would shorten the process a bit.

Krapohl agreed that one year probably isn’t enough time, but it would be the minimum amount needed. He thought the primary responsibility of a person dedicated to Liberty Plaza should be programming, and working out the metrics for how the city should measure success.

Smith drew an analogy to the city’s Give 365 volunteer program, which started a few years ago. One metric for that was to measure the number of volunteer hours per year, and gauge that in terms of hours worked by a full-time employee. The first year, the city had a goal of getting volunteer hours to equal three FTEs. So the parks and recreation staff is familiar with the need to measure a new initiative, he said. For Liberty Plaza, one measure could be the number of visitors to events.

Liberty Plaza & Library Lane: Commission Discussion – Amendments

The remainder of the discussion focused on relatively minor amendments, all of which were considered friendly – no votes were taken. Amendments included:

• Substitute “public open space” for “park” in the first whereas clause: “Whereas, the Park Advisory Commission (PAC) was asked to make recommendations for development of five city owned parcels in the downtown regarding use as a park public open space in late 2012,..”
• Eliminate “urban parks, especially” from this whereas clause: “PAC recommends the formation of a subcommittee to study and specifically address the issues associated with urban parks, especially Liberty Plaza and the Library Lot, …”
• Add “and financial” and “or obtained” in this whereas clause: “PAC recommends that prior to any resource being allocated for redevelopment efforts directed at planning and redesign of either Liberty Plaza or the Library Lot, that resources, human, material, and financial be allocated or obtained to specifically oversee the programming of Liberty Plaza and the Library Lot …”
• Add “and financial” in one of the questions to be answered: “Determine costs for on-going dedicated resources (human, material, and financial) for programming of the spaces for one year, recognizing that key element for success of any urban park is sustained and meaningful programming of the space.”
• Change “superintendent” to “manager” in this resolved clause: “… to provide advisory recommendations to the Superintendent Manager of the Department of Parks and Recreation, City Administrator and Council regarding parks administration, …”

Ault and Krapohl clarified that they intended the new subcommittee to study the space at Library Lane and Liberty Plaza as it exists now, and to determine how it might function in the future based on activities during the year of the study. That might include looking at how to coordinate activities at both locations, Krapohl said.

Jackson advocated for extending the timeframe to two years rather than just one. Ault said she’d feel more comfortable leaving it at one year, with the understanding that one of the recommendations delivered in October 2015 might be to extend the period of study another year. Santacroce agreed with Ault, saying by that time there might be more clarity about what’s happening at the Library Lane site, in terms of development.

Ault then read aloud the two-page resolution, as amended. [.pdf of Liberty Plaza resolution, as amended by PAC on Aug. 19]

Outcome: The resolution passed unanimously on a voice vote. It will be forwarded to city council for consideration.

Liberty Plaza Fee Waiver

Also on Aug. 19, commissioners considered an extension of the Liberty Plaza fee waiver.

Liberty Plaza, an urban park located at the southwest corner of Liberty and Division.

By way of background, a year ago the city council voted to waive fees for use of Liberty Plaza, located at Liberty and Divisions streets. The waiver was for a one-year trial period, through July 1, 2014. The waiver had been recommended by PAC at its June 18, 2013 meeting. It came in response to a situation that arose earlier that spring when city staff applied fees to the hosting of Pizza in the Park in Liberty Plaza – a homelessness outreach ministry of a local church.

The goal of the waiver was to attract additional musicians, performers, and other events at Liberty Plaza. A key “whereas” clause of the 2013 council resolution stated: “… it is the goal of PAC to further activate Liberty Plaza by increasing social, cultural, and recreational activities that take place there; …”

Later in the year, on Nov. 18, 2013, the council approved ordinance revisions to allow for a waiver of fees when an organization uses any park to distribute goods for basic human needs. The ordinance was revised to include the following text: “There shall be no park rental fee charged in association with a permit, where the permitted event’s primary proposed activity is the charitable distribution of goods for basic human needs.”

Liberty Plaza Fee Waiver: Commission Discussion

On Aug. 19, parks and recreation manager Colin Smith told commissioners that the PAC resolution passed a year ago included a resolved clause stating that PAC should review the waiver after a year and make a recommendation to council about whether it should become permanent.

Alan Jackson asked how well the fee waiver has worked. Smith replied that there’s been some use – he mentioned the Turkey Trot – but not a lot. There hasn’t been a staff person available who could promote it. Smith thought it would dovetail nicely with PAC’s study of Liberty Plaza and the Library Lane site, which had been discussed earlier in the meeting.

Responding to the possibility of a similar fee waiver at the Library Lane site, Smith said that would be a question for the Ann Arbor DDA, which oversees the city’s public parking structures – including Library Lane.

David Santacroce suggested extending the Liberty Plaza fee waiver to synch with the proposed study of Liberty Plaza and Library Lane – through October 2015.

Christopher Taylor suggested the following wording for a resolution:

WHEREAS in the past year, fees have been waived at Liberty Plaza;

WHEREAS the park advisory commission has insufficient information about whether this is wise on a permanent basis;

THEREFORE BE IT RESOLVED that PAC recommends that city council continue the fee waiver in its current form for another year.

There was no additional discussion.

Outcome: On a voice vote, PAC unanimously recommended to extend the Liberty Plaza fee waiver. The recommendation will be forwarded to city council for consideration.

Election of Officers

PAC held its annual election of officers on Aug. 19. David Santacroce was nominated as chair for the coming year, to replace Ingrid Ault in that position.

Ault told commissioners that she’d be stepping down soon from PAC, as she’s moving out of town. Earlier this year she took a job as an educator with the Michigan State University Extension in Calhoun County, Michigan, based in Marshall. She has been commuting there from Ann Arbor.

David Santacroce (left) was elected chair of the Ann Arbor park advisory commission for a one-year term starting Sept. 1. Next to him is Alan Jackson.

Santacroce is a professor of law at the University of Michigan. Before his appointment to PAC in November 2013, he chaired the city’s North Main Huron River corridor task force, which last year delivered its report to the council on recommendations for that corridor.

There were no competing nominations.

The vote was taken by “secret ballot,” as stipulated in PAC’s bylaws. Parks and recreation manager Colin Smith passed out slips of paper for commissioners to write their vote. City councilmembers Mike Anglin and Christopher Taylor, who serve as ex officio members of PAC, are not allowed to vote.

Outcome: On a 6-0 vote with one abstention, David Santacroce was elected chair, for a one-year term starting Sept. 1. He received a round of applause.

Paige Morrison was nominated as vice chair.

Typically, the current vice chair is nominated and elected as chair. However, PAC’s vice chair, Graydon Krapohl, is running unopposed for a city council seat in Ward 4. He won the Aug. 5 Democratic primary, also unopposed, and will appear on the ballot for the Nov. 4 general election. Krapohl told The Chronicle that he plans to step down from PAC after the November election, but is interested in being appointed as one of the two city council ex officio members. Those positions are currently held by Christopher Taylor (Ward 3) and Mike Anglin (Ward 5). Taylor won the Aug. 5 Democratic mayoral primary, and faces independent Bryan Kelly in November.

There were no competing nominations for vice chair.

Outcome: On a 6-0 vote with one abstention, Paige Morrison was elected vice chair for a one-year term starting Sept. 1.

After the vote, Smith commented that he didn’t remember any abstentions in previous years, “so that was an exciting departure from the norm.”

Agreement for Engineering Services

At the start of the Aug. 19 meeting, the agenda was amended to add a new resolution related to engineering services. The resolution, brought forward by staff, was to recommend approval of three three-year professional services agreements (PSAs) for engineering services in the parks and recreation unit. The amount was not to exceed $150,000 annually per agreement. [.pdf of staff memo and resolution]

Colin Smith, the city of Ann Arbor’s parks and recreation manager.

Colin Smith, the city’s parks and recreation manager, explained that for the last six years, the city has maintained professional agreements for engineering services for capital projects that the parks and recreation staff oversees. The existing three-year agreements are expiring.

The staff conducted interviews earlier in August with companies that responded to a request for proposals (RFP). They made a decision on Aug. 18 – that’s why the resolution was a late addition for PAC’s Aug. 19 meeting, he said.

The engineering firms are pre-qualified so that as projects come up, it speeds up the process, Smith explained. Each project still requires that the city administrator approve a “work statement” before a contract is signed with the firm, he noted.

Ten firms submitted RFPs. The three firms that qualified were selected based on the city’s needs: SmithGroupJJR; Stantec Consulting Michigan Inc; and Tetra Tech Inc.

City park planner Amy Kuras told commissioners that this process really helps her streamline projects. Responding to a query from Mike Anglin, Kuras clarified that the $150,000 ceiling applies to each firm annually. Sometimes it’s a lot less, she said, but there are also some projects that exceed that amount.

Smith said there’s no guarantee that any of these firms would get any work – it depends on whether projects emerge that are best suited for any of the firms.

Christopher Taylor asked whether any money is paid before specific projects are proposed. No, Kuras replied – the firms aren’t on retainer, they’re just pre-qualified. Kuras also noted that before contracts are awarded for projects, the firm must provide a detailed description of the work and cost estimates, which are sometimes negotiated down, she said.

Outcome: On a voice vote, PAC recommended approval of the professional services agreements.

Communications & Commentary

During the Aug. 19 meeting there were several opportunities for communications from staff and commissioners, as well as two slots for public commentary. Here are some highlights.

Communications & Commentary: Manager’s Report – Senior Center, Fuller Park Lease

Colin Smith, the city’s parks and recreation manager, noted that the city’s outdoor pools would be closing for the summer after Labor Day, and he urged commissioners to get out and enjoy them in the remaining days.

Christopher Taylor, a city councilmember and ex officio member of PAC.

Smith also gave an update on repairs to the Ann Arbor senior center, located at 1320 Baldwin Ave. near Burns Park. He described a recent story in the newspaper “that perhaps raised more questions than provided answers.” There are repairs being done to the ceiling, and it’s easier and safer for users of the center to relocate to other sites. While that work is being done, there will also be improvements made, such as adding skylights. The staff expects it to reopen at the beginning of September.

Regarding a city council resolution on renewing a lease with the University of Michigan for the Fuller Park parking lot, Smith reported that the council postponed action on it until October. That action came at council’s Aug. 18 meeting. He said he didn’t have more details on that. [PAC had discussed the lease and recommended approval of the renewal at its July 15, 2014 meeting.]

Mike Anglin – one of the two city council ex officio members of PAC – recommended that commissioners watch the Community Television Network video from the Aug. 18 council meeting, regarding the discussion of the Fuller Park parking lease. “Because I believe the council sent it back to PAC to take a second look at it – that’s how I interpreted it,” he said. [The discussion begins at roughly the 2:53:43 minute mark.]

Christopher Taylor, the other city councilmember on PAC, characterized the council action as “a straight postponement” – not a vote to refer the item back to PAC. [The parliamentary procedure used by the council contrasted with the one used by the council to deal with Taylor's June 16 Liberty Plaza resolution – which was a vote "to refer."] Taylor added that council was interested in hearing if PAC has any further thoughts on the use of the site for parking.

Anglin said he thought the council was clearly sending it back to PAC.

Smith said he’d forward the council minutes to PAC after they are approved, “because I am not clear, after today, myself.” He didn’t think there was a vote on it, but he’d rely on the minutes.

The council’s Aug. 18 deliberations lasted about five minutes. Jack Eaton (Ward 4) suggested that if the council postponed action, he’d ask that PAC review the lease’s implications on city planning documents, such as the Parks & Recreation Open Space (PROS) plan.

Mayor John Hieftje then asked what would be an appropriate amount of time for PAC to do that, and he asked when PAC met next. Taylor replied that PAC met the next day – on Aug. 19. Hieftje then said: “Ok, maybe we should give them until the first meeting in October – because then they would meet twice before our next meeting.” Taylor replied: “Fair enough.” Taylor also noted that PAC had reviewed the lease renewal already, “but certainly if there’s a particular question that council is interested in, then we can certainly address that.”

Eaton said it was his understanding that PAC’s previous discussion of the lease had been brief. Mike Anglin described PAC as having a “quite lengthy discussion” about one aspect of the lease – a section of the lease titled “Early Termination/Transportation Use.” Anglin noted that some PAC members wanted to be clear that they were not endorsing a train station in that location. He said he’d like to send it back to PAC so that they could eliminate any mention of a future use. The mention of a possible future use seemed inappropriate to him, since the council hasn’t made any decision about that.

The council then unanimously voted to postpone action on the lease renewal.

Communications & Commentary: Committee Reports

Karen Levin reported that the dog park subcommittee would be bringing its work to PAC in September. It’s a guide for establishing new dog parks and improving existing ones, she said.

David Santacroce gave an update on the subcommittee that’s developing recommendations related to smoking regulations in the park. They’ve met with an expert from the University of Michigan, he said, and their intent is to bring forward recommendations to PAC in September. The recommendations will include a list of parks in which smoking should be banned.

Communications & Commentary: World Peace Day

Alan Haber spoke about World Peace Day on Sunday, Sept. 21. It was started by the United Nations in 1982 on the third Tuesday in September, coincident with the annual opening of the UN General Assembly session. In 2001, the UN changed the day to be Sept. 21 each year. “This is celebrated all over the world and as a peace person, I would certainly want to see it celebrated here,” Haber said.

Alan Haber.

He hoped there would be a place to come together in this town to talk about what people can do to address the conflicts in our world. The day could also be used to inaugurate a park on the Library Lane lot, he said, “as a peaceful place.”

It’s within that framework, Haber said, that it seemed to him appropriate for the park advisory commission to give the idea an endorsement or imprimatur of some sort, “as indeed the DDA has.” [It's not clear what action Haber was referring to regarding the Ann Arbor Downtown Development Authority, which oversees the Library Lane underground parking structure.] He hoped the parks and recreation staff could help in some way – such as using the city’s liability insurance policy to cover the event. Whatever PAC did collectively, he hoped commissioners would come “and bring that peaceful part of yourself, and let’s elevate consciousness and activism.”

Haber also spoke on the same topic at the final opportunity for public commentary. Noting that PAC had discussed the importance of programming earlier in the meeting, Haber said this would be an example of community-initiated programming. He’d like to see World Peace Day become an ongoing part of the city’s calendar. He hoped the city would co-sponsor it, along with the DDA, and would allow the event to use the city’s omnibus liability insurance policy.

He thought a skating rink would also be a good programming idea for the Library Lane site.

Present: Ingrid Ault, Bob Galardi, Alan Jackson, Graydon Krapohl, Karen Levin, Paige Morrison, David Santacroce, and councilmembers Mike Anglin and Christopher Taylor (ex-officio members). Also Colin Smith, city parks and recreation manager.

Absent: Missy Stults.

Next PAC meeting: Tuesday, Sept. 16, 2014 at 4 p.m. in the city hall second-floor council chambers, 301 E. Huron St., Ann Arbor. [Check Chronicle event listing to confirm date]

Front side of a sample Washtenaw County ID card.

A county identification card would allow residents who don’t have a driver’s license or other government-issued photo ID to access services that require that kind of identification, like renting an apartment or opening a bank account.

The proposal indicates that cards would cost $20 or $25 each, although a waiver might be available for people who can’t afford it. An estimated 1,000 cards would be issued in the first year through the voluntary program. Those revenues would help offset the operating costs, estimated at about $35,000 for the first year. The expenses would include funding for part-time staff at the county clerk’s office, which would administer the program.

Keta Cowan of the nonprofit Synod Community Services led the Aug. 7 presentation, outlining the work of the task force in comparing similar programs in other communities nationwide – although this would be the first ID card program offered by a Michigan municipality. The task force also conducted outreach to law enforcement agencies in the county, and Cowan indicated that they were supportive of the program. Sheriff Jerry Clayton is a task force member, along with several other county officials and nonprofit leaders.

Of the five commissioners who attended the working session, all but one indicated support for the program. Dan Smith (R-District 2) had concerns, and wondered why the county should spend money to duplicate a service that the Michigan Secretary of State already provides.

Task force members described the state’s ID program as being too stringent for residents who can’t meet the requirements, but who are living in this community and need access to services.

Conan Smith (D-District 9) described it as a basic human right. It didn’t matter to him whether someone is a legal resident or an undocumented resident – “if you need to live a decent quality of life and we can facilitate that with a simple ID card, great. We can and we should.” Smith also thought it would with access to voting, which he described as a citizen’s most fundamental right – the opportunity to shape their government.

Commissioners Rolland Sizemore Jr. (D-District 5), Andy LaBarre (D-District 7) and Yousef Rabhi (D-District 8) also indicated support for the program. Rabhi served on the task force that is bringing forward the ID card recommendations.

The board is expected to consider a formal resolution to establish an ID card program, likely at a meeting later this year.

The Aug. 7 working session also included a presentation on the public health department’s strategic plan. This report focuses only on the ID card program.

ID Card: Presentation

Yousef Rabhi (D-District 8) introduced the ID project presentation. He had represented the county board on the task force. About a year and a half ago, Keta Cowan and Janelle Fa’aola of Synod Community Services came to him to pitch the idea of an ID project. [Rabhi had first mentioned the project during a Feb. 6, 2013 county board meeting.]

The task force has been reviewing what other communities have done, Rabhi said, as well as the potential for what might be done in Washtenaw County. [.pdf of task force report]

In addition to Rabhi, task force members are:

• Jerry Clayton, Washtenaw County sheriff
• Catherine McClary, Washtenaw County treasurer
• Larry Kestenbaum, Washtenaw County clerk/register of deeds
• Melody Cox, Washtenaw County clerk/register of deeds assistant
• Keta Cowan, Synod Community Services (task force chair)
• Janelle Fa’aola, Synod Community Services (task force vice chair)
• Laura Sanders, Washtenaw Interfaith Coalition for Immigrant Rights
• Ellen Schulmeister, Shelter Association of Washtenaw County
• Charo Ledon, community organizer
• Sherrie Kossoudji, Law Enforcement Citizens Advisory Board
• Jason Eyster, Cooley Law School Immigration Law Clinic
• Irene Serrano, Community Conversations
• Martha Valadez, Community Conversations
• Ibrahem Irmy, Organizing for Action

Keta Cowan – CEO of Synod Community Services, a nonprofit based in Ypsilanti Township – began the presentation by showing a video that reviewed the reasons for implementing a county ID program. It would provide a way for residents who don’t have a driver’s license or other government-issued photo ID to access services that require such an identification card.

Members of an ID task force attended the Aug. 7, 2014 working session of the Washtenaw County board.

Actions and services that require a photo ID include renting an apartment, opening a bank account, and proving residency for things like library cards. People who are elderly, immigrants, ex-offenders, or homeless often face discrimination because they don’t have a photo ID. According to the task force report, having an ID is also important for law enforcement, because sometimes immigrants don’t feel comfortable reporting crimes – they fear repercussions if police ask for their ID.

An estimated 43,000 people in Washtenaw County lack ID, according to the task force, including 7,000 seniors, 11,000 African Americans and 5,000 undocumented residents.

Other communities across the country have already implemented local ID programs, including San Francisco and Oakland, Calif.; New Haven, Conn.; Mercer County, New Jersey; and New York City.

The task force is recommending that Washtenaw County establish an ID card available to all residents, and effective throughout the county. It would be administered through the county clerk’s office, and is projected to cost $20-$25 each. The cards would be completely voluntary.

There are human rights issues at stake when large numbers of people can’t access necessary goods and services, Cowan told commissioners. In addition, policing resources must now be spent identifying people who don’t have ID, she said. That means the community loses that police resource while an officer is taking an individual back to the station to get their information verified. “With a county ID, we could drastically minimize the waste of those policing resources, and provide a coordinated response to the problem of identifying folks in our community,” she said.

It’s in everyone’s interest to ensure that all residents have a safe and healthy community, Cowan said.

About two years ago, the task force began reviewing other jurisdictions that have already established an ID card, Cowan explained. Those communities provided a lot of advice and guidance on how to proceed. The advice included the importance of building a broad-based coalition and doing community outreach. So the Washtenaw County ID task force set out to meet with every law enforcement agency within the county, she said. Those groups shared the issue of tracking down ID as a diversion of police resources.

Cowan reported that the sheriff and police chiefs throughout the county support the ID program. They’ve committed to accepting the ID if other police jurisdictions accept it, she added, “and they’ve all indicated that they will.”

Keta Cowan, CEO of Synod Community Services, describes recommendations from a task force that’s been developing a Washtenaw County ID card program. (Photos by the writer.)

The front of the proposed ID card would be labeled “Washtenaw County Identification Card.” It would also state that the card is a “Michigan Picture Identification,” and not a license of any kind. The card would include a photo of the individual, their name and signature, taken on the day of their application. Other elements on the card are an ID number, date of issue and expiration, address, date of birth, height, weight and eye color. The security feature would be a “ghost image” of the person’s photo. The card would also include the Washtenaw County seal in the corner.

The card would have a magnetic strip that’s coded with the information on the card.

Applicants would apply for the card voluntarily through the county clerk’s office. An existing staff member from the clerk’s office would work part-time on the ID cards, accepting applications, verifying the identity and residency documents, and producing the ID card that same day.

In addition, for many residents who don’t have identity documents or who are mobility-impaired, the task force recommends establishing an “ID clinic.” It would be staffed by volunteers who’ll be trained in how to identify authentic residency and ID documents. There will be a 300-point system established to determine eligibility criteria, which must include at least one credential with a “biometric” feature – a photo or fingerprinting.

Janelle Fa’aola, task force vice chair, told commissioners that the goal of the ID clinic is to take some of the burden off of the county. The clinic would ensure that needs of vulnerable residents are met and that they are welcomed and supported, she said. The task force also is prepared to continue its community outreach efforts, forming partnerships with service agencies, law enforcement, government programs, and libraries. Outreach would also be conducted to local businesses that might provide discounts for ID-holders. [The task force has also started an online MoveOn.org petition to raise support for the ID card. As of Aug. 16, it had 529 signatures.]

Cowan reviewed a proposed itemized budget for the program. Washtenaw County’s one-time non-personnel costs are estimated at $23,285. An additional $8,190 in non-personnel costs would be paid by the community, Cowan said. County personnel costs – for a part-time staffer – would be an estimated $30,600 annually. Recurring non-personnel costs, primarily for supplies, would be $3,830. [.xls file of proposed budget]

In total, annual recurring costs would be an estimated $35,770.

Regarding the non-personnel costs, one item is the card printer for $9,000. This particular type of printer is recommended because it can produce security features to deter fraud and misuse, Cowan said, including security seals, ghosted photos, UV strips, and a digitized signature.

Chart of projected revenues from the ID card program.

The ID card also represents a revenue opportunity, Cowan said. The task force estimates that about 1,000 cards would be distributed each year. That’s based on looking at cards that are issued in other communities – particularly Mercer County, which is about the same size as Washtenaw County, she noted. But it’s possible that more cards would be issued, she added.

If Washtenaw County charges $25 per card, the program could recoup most of the initial start-up costs, Cowan said. If more cards are issued, the revenue would obviously increase, she noted. “We believe the program would pay for itself.”

Cowan told commissioners that the task force spent considerable time working out the eligibility criteria for applicants. They developed a 300-point system, which includes the requirement of identity documents with a photo or fingerprinting. Applicants would have to show proof of residency, showing that they had lived in Washtenaw County for at least 15 out of the past 30 days. “We set it low so that we can encourage people to come and get a card as soon as they move,” Cowan said.

ID Card: Board Discussion

Dan Smith (R-District 2) began the discussion by saying he had several questions and concerns. He asked why the county should spend about $35,000 annually to duplicate a service that the Michigan Secretary of State already provides?

Keta Cowan replied that it’s not a duplication, because the state only provides an ID card “to a rigid, restricted group of people.” The state’s requirements are so stringent that some American citizens are not able to get identification cards, she said. And if you can’t show proof of legal residency in the country, you’re also not eligible, she noted.

Dan Smith (R-District 2).

In that case, Smith said, why wouldn’t the county lobby the Secretary of State, who is also an elected official with staff throughout the state, to make adjustments “to get rid of some of that [rigidness] that you claim exists?”

Cowan indicated they can pursue that approach. But meanwhile, there are individuals who lack access to necessary resources, she added.

Smith suggested that there’s probably a reason why some people can’t get state-issued ID cards. What’s been the response from the Secretary of State’s office?

The Secretary of State’s staff has said “that they can’t help us,” Cowan said. She gave two examples of residents who’ve been turned away, in one case because the man has dementia and can’t locate his identification documents.

Smith responded: “So you’re advocating that we put a less stringent process in place to make it easier for someone to get an ID than the state of Michigan, who has been in the ID business for decades.” He presumed the Secretary of State didn’t come up with its requirements “to be difficult.” There are legitimate reasons that the Secretary of State has for its processes and procedures, he said. So now, because the county doesn’t like those, they’ll just invent their own?

Jason Eyster, a task force member who works for the Cooley Law School Immigration Law Clinic, pointed out that for political reasons, the state determined that undocumented immigrants should not be allowed to get driver’s licenses. Even if those people have other valid forms of identification – such as a passport – they’re not allowed to get a state ID or state driver’s license, he said. Other states have decided to handle it in other ways, Eyster noted.

Smith asked why someone would need a county ID card, if they have a valid passport. Eyster said if the passport has expired, that wouldn’t be considered appropriate ID by many organizations and law enforcement. Smith questioned why the county would issue an ID based on an expired passport, when other entities don’t recognize that as a legitimate ID. Eyster replied that the goal is to determine “if this person is indeed who they say they are.” In the interest of human dignity and to assist those who live in our community, he added, it’s important to provide an ID so they can do things like rent a canoe, for example.

In the case of renting a canoe, Smith replied, that decision should be up to the city of Ann Arbor to change their policy regarding canoe rentals. The city is able to do that, and doesn’t need assistance from the county, he added. The same is true for other entities, like libraries and banks. “You’re trying to influence all these other policies throughout the county,” Smith said. Instead of developing a county ID, advocates should be lobbying other entities to change their policies.

Cowan responded, saying that the task force has done that type of community outreach. The response has been positive, she said. “If we institute a county ID, they would accept that.” Smith stressed that the county doesn’t need to “get in the middle of it.” The library, governed by a separate elected body, can make changes to its policies in any way it sees fit, for example. “They don’t need any assistance from us to alter their policies,” he said.

Eyster noted that they can continue to lobby each individual organization.

Smith thought that this problem is largely solved through the state’s ID card, and he wasn’t convinced the county should enact a new program. Regarding comparisons to other communities that offer ID cards, Smith noted that the ID program in New Jersey is a private venture, and the program in New Haven is operated by a city – there are no counties in Connecticut. And in California, counties are significantly more important than in Michigan because there’s no township structure there. So in the examples given by the task force, “none of them really bear any weight with me because there are completely different entities issuing the ID, as opposed to county government the way it exists in Michigan.”

Andy LaBarre (D-District 7) asked whether the county has authority from the state to do this – such as state enabling legislation or an attorney general opinion. Cowan replied that the county’s corporation counsel, Curtis Hedger, is researching that issue and will advise the board.

Yousef Rabhi (D-District 8) noted that there is no current state enabling legislation – but there’s also no legislation that would prevent it.

Conan Smith (D-District 9) said he took a different perspective on it “than the other commissioner Smith.” He thought that the county would be providing a public service – not just for the individuals who would receive the ID “as a very basic human right,” but also for entities like libraries, businesses and other organizations. Those groups shouldn’t have to figure out their ID parameters on their own, he said. It seems like people would be very grateful if the county provided that service.

It’s not the county’s role to solve the U.S. immigration policies, C. Smith said, but the county can help residents get access to services that require an ID – whether you’re a legal resident or an undocumented resident. “It doesn’t matter to me – if you need to live a decent quality of life and we can facilitate that with a simple ID card, great. We can and we should.”

Next to the dental clinic that the county is starting, C. Smith thought an ID card would be one of the best things that the board has accomplished. “It warms my heart that we’re even here at this point right now,” he said. He thanked the work of the task force, and looked forward to a formal proposal being brought to the board for approval.

Back side of a sample Washtenaw County ID card.

Rabhi said he understood Dan Smith’s concerns. But responding to that, Rabhi added, when there are citizens in this community who are afraid to report a crime that they witness or that they’re the victim of, “that’s a problem.” When people can’t cash a check unless they go to a pawn shop, that’s a problem. If even a thousand residents in this community don’t have an ID, that’s a problem, he said. “I’m not going to wait for the Secretary of State to solve this problem, because in the last multiple decades, the Secretary of State hasn’t solved the problem,” he said.

It’s incumbent on the county to show leadership, Rabhi said. This isn’t a new concept, he noted. “We are acknowledging the humanity of people, and not pushing them to the side.” A lot of these people are taxpayers, he noted. He recalled a woman who’d come to a county board meeting asking for their help – she was a homeowner and her children were U.S. citizens, but she faced deportation. [He was referring to Ann Arbor resident Lourdes Salazar Bautista, who spoke at the board's Dec. 7, 2011 meeting.]

Homeowners and renters contribute to the local economy, Rabhi said. The taxes they pay come back to the county, city, library and schools, he noted. “They’re paying into a system that they can’t fully retrieve the benefits of, and that’s a lack of service to our taxpayers.” It’s a matter of equity, he said. Rabhi urged his fellow commissioners to support it.

Rolland Sizemore Jr. asked if any other communities in Michigan offer an ID card. No, Cowan replied. Rabhi noted that task force members met with representatives from Calhoun County, and he’s also fielded calls from Grand Rapids and Kent County – so there’s interest from other Michigan communities, he said. “There’s a lot of buzz in the state right now about it.”

Sizemore wondered what it cost law enforcement agencies to deal with people who don’t have a valid ID. Cowan said the task force hadn’t asked for that figure. Eyster noted that depending on the circumstances, someone without an ID could be arrested rather than just ticketed. An arrest would also require that a police officer or deputy notify the immigration & naturalization service (INS), and the person could be subject to deportation. So being pulled over for a broken taillight or other minor infraction has larger implications, he said.

Sizemore asked if everyone could afford a $25 fee for the card. If someone is homeless, $25 is a lot of money, he said. Cowan replied that the task force has considered instituting a waiver for people who are truly indigent.

Responding to other queries from Sizemore, Cowan said an applicant for the ID card would not be fingerprinted. It would only take a few minutes to process the application, and the card would be provided when the person applied. Sizemore also wanted to know more details about how the process would be protected from fraud.

Sizemore told the task force members that he planned to support their proposal. Washtenaw County takes pride in being a leader, he said. It would help make people feel more a part of this community, especially youth. Given the benefits, the county wouldn’t be spending a lot of money on this, he said.

Rolland Sizemore Jr. (foreground) and other commissioners at the Aug. 7 working session.

LaBarre indicated that he’d likely support the program too. “From a cold-hearted business perspective, it would be good for commerce – and I say that half tongue-in-cheek, given where I work,” he quipped. [LaBarre is vice president of government relations for the Ann Arbor/Ypsilanti Regional Chamber of Commerce.]

Based on the experience of other communities, LaBarre said, what should the county be prepared for in terms of possible security problems? Other communities that the task force surveyed haven’t seen problems with the ID card, Cowan replied.

LaBarre said he was worried that even if the county puts this ID program in place, businesses and other entities might not accept the identification as valid. How can the county ensure that it’s effective?

Cowan explained that the majority of instances when an ID is required for businesses is for liquor purchases or in conjunction with the use of a credit card. The regulations issued by major credit card companies indicate that any government ID will suffice. For liquor stores, only state-issued or federal ID is acceptable, she said, “so our county ID would not be effective for the purchase of liquor.”

Responding to another question from LaBarre, Cowan said that local social service agencies and nonprofits have encouraged the task force to develop an ID program. Eyster pointed out that the task force has a responsibility to make sure that various organizations are educated about the program.

LaBarre said that if he were writing a headline to get attention, it would say something inflammatory, like “County Proposes Giving IDs to Illegals.” He imagined that if the program moves forward, the county will have to contend with rumor and hearsay. He wanted to make sure that they go into it with their eyes wide open in terms of all possible problems. Were there issues that other communities hadn’t anticipated when they launched their ID card programs?

Cowan reported that one community felt they hadn’t begun their community outreach early enough. Another community thought that they hadn’t built a coalition that was sufficiently broad-based. And one community hadn’t realized the balance of weighing access to the card against the need for having a reliable, reputable card that actually authenticates the identity of an applicant.

Eyster described the issue of undocumented immigrants as “incendiary.” He noted that the current issue about immigrant children coming from Central America is an example of that. There will be individuals who’ll take potshots or who vehemently feel it’s inappropriate, he said. LaBarre wanted the county to have an airtight case in terms of the program’s implementation, to make sure they’re prepared to deal with these issues.

Eyster noted that it’s important to remember the terrorists involved in the 9-11 attacks all had valid visas. LaBarre replied: “Something tells me that folks who will hit us on that issue will not listen to your point, but it’s worth saying.”

Rabhi said the ID program could be the start of a public-nonprofit partnership. The proposal isn’t for the county to go it alone, he noted. Community partners would help with outreach and education, and that’s built into the budget. That’s an investment that would help leverage the county’s investment, he said.

Conan Smith wanted to highlight the people who have lived in the United States for perhaps their whole lives who have problems getting an ID. With the proliferation of voter identification laws, it’s become a problem in exercising a citizen’s most fundamental right – the opportunity to shape their government, he said. It’s a problem that disproportionately impacts young people under the age of 25, poor people who are making less than $30,000 a year, and minorities. “We can help with that problem,” Smith said.

Cowan noted that the program provides an opportunity to do outreach into communities where people lack IDs, and who don’t know about the affidavit of identify. “All they know is that the signs say, ‘Take your ID to the polls,’” she said. “So if you don’t have an ID, you don’t go to the polls.”

The board is expected to consider a formal resolution to establish an ID card program, likely at a meeting later this year.

ID Card: Public Commentary

Two people spoke during the time for public commentary at the end of the working session.

Katia Salazar told commissioners that she’ll be a senior at Huron High School. She lives in Ann Arbor and is part of the Washtenaw Interfaith Coalition for Immigrant Rights. She supports the ID task force because every human deserves a form of identification to prove who they are. “We are all equal, and deserve to have the same equal rights as others,” she said. Having ID would also help prevent unnecessary deportations in the community, and it alleviates the fear that she or a family member could be deported. It also makes it less embarrassing to try to access services or resources like a library card. She hoped the county could get IDs for people who need them.

Ibrahem Irmy, a member of the ID task force, told commissioners that he’s a media analyst and preschool teacher. “I became a human being naturalized by the law three years ago.” He had lived in fear for a year before that, and couldn’t do normal things. He looked for ways to volunteer, but many organizations didn’t want him to help, because he didn’t have the documents for that. He’s now working with Organizing for Action to try to pass immigration reform, and he’s seen lots of people living in fear. They live on extremely low wages – $3 or $4 an hour – and live with 17 people in a room that doesn’t have space for even one person, he said. It’s about being a human being. Everyone is an immigrant, he noted. “We came here somehow, and we have human rights for all of us.” He hoped Washtenaw County would be the first county in Michigan to implement the ID program. He’d be willing to do anything to make that happen.

Present: Andy LaBarre, Yousef Rabhi, Rolland Sizemore Jr., Conan Smith, Dan Smith.

Absent: Felicia Brabec, Kent Martinez-Kratz, Ronnie Peterson, Alicia Ping.

Chris Haslinger (second from right), director of training for the United Association (UA) of plumbers and pipefitters, received a proclamation from the county board of commissioners at the board’s Aug. 6 meeting. They were gathering for a photo to mark the event. From left: Conan Smith, Andy LaBarre, Alicia Ping, Yousef Rabhi, Chris Haslinger, and Verna McDaniel, the county administrator. (Photos by the writer.)

The county has determined that it’s authorized to collect up to 1/10th of a mill for support of indigent veterans, without seeking voter approval. That’s because the state legislation that enables the county to levy this type of tax – the Veterans Relief Fund Act, Public Act 214 of 1899 – predates the state’s Headlee Amendment. The county first began levying this millage in 2008, and collects the tax in December. The current proposal is to levy 1/27th of a mill in December 2014, which is expected to raise about $540,887 in revenues for use in 2015.

The county’s position is that Act 88 can also be levied without voter approval to fund economic development and agricultural activities. This year, the proposal is to levy 0.07 mills in December 2014 – the same rate that was levied in 2013. It’s expected to raise an estimated $1,022,276 in property tax revenues.

Final action on these tax levies is expected at the board’s Sept. 3 meeting.

Also related to Act 88, the board approved allocations of $87,760 in Act 88 revenues that were collected in 2013, to support six projects. Four of the projects are administrated by Ypsilanti-based Growing Hope, with the remaining two projects initiated by the Michigan State University Product Center.

During the Aug. 6 meeting, commissioners approved amendments to both the Act 88 projects resolution and the resolution to levy the tax this year. The amendments directed the county’s corporation counsel to provide a written opinion about how Act 88 revenues can lawfully be used, and how the tax can be lawfully levied without a vote of the people. The amendments were brought forward by Dan Smith (R-District 2).

In other action, the board received a second-quarter budget update, with projections showing a general fund surplus of $211,920 for the year. The board also made mid-year budget adjustments, which included allocating a $3.9 million surplus from 2013 into unearmarked reserves.

Commissioners approved a new policy to guide decisions on tax increment finance (TIF) proposals, and supported revised rules and guidelines from the water resources commissioner. Those revisions relate to procedures and design criteria for stormwater management systems.

A proclamation made during the Aug. 6 meeting honored Herb Ellis Sr., the first black man to be elected to the Washtenaw County board of commissioners. Ellis was elected in 1968 and served until 1982, representing Ann Arbor. During that time he also was the first black chair of the county board. He passed away on July 10, 2014 at the age of 98.

Another resolution recognized the contributions of United Association (UA), a union of plumbers, pipefitters, sprinkler fitters, welders, and heating, ventilation, air conditioning and refrigeration (HVACR) technicians. They’re in this area from Aug. 9-15 for their 61st annual training program, and have announced a new 15-year agreement to continue the program at the Washtenaw Community College.

The Aug. 6 meeting was held one day after the Aug. 5 primary elections. At the start of the meeting, board chair Yousef Rabhi congratulated all primary candidates, and said he looked forward to working with Ruth Ann Jamnick, the winner of the District 5 Democratic primary. He quickly added “pending the general election, but I think…” – a comment that drew laughs. District 5 – which covers August Township and parts of Ypsilanti Township – is heavily Democratic. Jamnick, who prevailed in the four-way Democratic primary, will face Republican Timothy King in the Nov. 4 general election. District 5 was the only race that was contested for the county board, with incumbent Rolland Sizemore Jr. not seeking re-election. Incumbents in all other districts of the nine-member board were unchallenged in the primary.

At the end of the meeting, the board voted to enter into a closed executive session for the purpose of reviewing attorney-client privileged communication. It is one of the exemptions allowed under the Michigan Open Meetings Act.

After about 30 minutes, three commissioners returned to the boardroom – Dan Smith (R-District 2), Alicia Ping (R-District 3) and Conan Smith (D-District 9). They indicated to The Chronicle that they thought the discussion in the closed session had strayed away from the limits imposed by the OMA, and they had left the session because of that. They did not state what the nature of the discussion had been, nor the topic of the session.

Soon after, the remainder of the board emerged from the closed session, and the meeting was adjourned.

Act 88 Grants, Levy

The Aug. 6 agenda included a resolution to approve allocations to six projects, using funds from an Act 88 millage that the county levies each year. Commissioners were also asked to give initial approval to levy that tax.

Tony VanDerworp, the county’s economic development officer.

The county’s position is that Act 88 of 1913 can be levied without voter approval to fund economic development and agricultural activities. This year, the proposal is to levy 0.07 mills in December 2014 – the same rate that was levied in 2013. It’s expected to raise an estimated $1,022,276 in property tax revenues.

In previous years, the resolution setting this millage has outlined how the revenues would be allocated. The largest allocations have gone to the county’s office of community & economic development, and to the nonprofit Ann Arbor SPARK.

However, at its Nov. 6, 2013 meeting, the board adopted a new policy for allocating Act 88 revenues, drafted by Conan Smith (D-District 9). [.pdf of Act 88 policy] The policy included creating an Act 88 advisory committee to make recommendations to the board and prepare an annual report that assesses how Act 88 expenditures have contributed toward progress of goals adopted by the board. The policy allows the committee to distribute up to 10% of annual Act 88 revenues without seeking board approval. The policy also allocates up to 30% of revenues to the county office of community & economic development, which administers Act 88 funding.

This year, the 10% amounts to $91,753. Of that, $3,993 remains unallocated and will stay in the Act 88 fund balance to support future projects. Beyond that, a total of $87,760 in funding was recommended for six projects initiated by two organizations – the Michigan State University Product Center, and Ypsilanti-based Growing Hope [.pdf of staff memo]:

• $10,060 to the MSU Product Center to study the potential for enhanced food processing in Washtenaw County.
• $12,700 to the MSU Product Center to develop “MarketMaker,” a food industry business network and database.
• $20,000 to Growing Hope/Reconsider to run community education events on the Michigan Invests Locally Exemption Act and to study the potential and processes for investing locally in Washtenaw County.
• $13,000 to Growing Hope/Revalue to provide two full-day educational events to assist investors in incorporating local investment offerings into their financial plans.
• $13,000 to Growing Hope to create a study on increasing food assistance sales at farmers markets in Washtenaw County.
• $19,000 to Growing Hope to support the development of an Ypsilanti “MarketPlace,” a year-round farmer’s market, and “MarketHub,” a food distribution center serving underserved communities.

These recommendations were made to the county board by the Act 88 advisory committee. Members are: County commissioners Ronnie Peterson (D-District 6), Alicia Ping (R-District 3) and Conan Smith (D-District 9); Todd Clark, president of United Bank & Trust; and Art Serafinski, chair of the Ypsilanti Convention & Visitors Bureau board. Staff support was provided by the county’s office of community & economic development (OCED), including economic development officer Tony VanDerworp, who attended the Aug. 6 meeting along with OCED director Mary Jo Callan.

Act 88 Grants: Board Discussion

Commissioner Dan Smith (R-District 2) began the discussion by noting that he’s had some long-standing concerns about the legality of how the county is using Act 88 funds. Rather than sorting those issues out that night, he said he’d rather work with the county’s corporation counsel and come to an understanding about it.

He then brought forward an amendment for the projects resolution, requesting that corporation counsel provide the board with a written opinion about the lawful use of the sums raised under Act 88. Smith’s original proposed amendment stated:

FURTHERMORE BE IT RESOLVED that the Washtenaw County Board of Commissioners directs Corporation Counsel to provide an exhaustive written opinion, by December 31, 2014, detailing the lawful uses of sums raised under Act 88 of 1913 (MCLA 46.161), and that this opinion address in similar manner other possible interpretations.

Smith’s motion did not receive support from any other commissioners to bring it forward for discussion, so Alicia Ping (R-District 3) declared it dead due to the lack of support.

Dan Smith (R-District 2).

Conan Smith (D-District 9) and Yousef Rabhi (D-District 8) had been out of the room during this part of the meeting, and returned to their seats just after the motion had been declared dead. Conan Smith said he’d be willing to support Dan Smith’s motion. Alicia Ping (R-District 3) – vice chair of the ways & means committee, who was chairing the meeting in the absence of Ways & Means chair Felicia Brabec (D-District 4) – allowed D. Smith to reintroduce the motion. It was then supported by C. Smith.

C. Smith said there’s been a lot of confusion about Act 88, “and we face it every year.” He and D. Smith had spent a lot of time on the phone talking about the meaning of the act, he said, so “it would be really helpful to have an interpretation that we can use as we go into our granting processes and the distribution of these funds.”

At the Act 88 committee meeting that was held earlier in the day, C. Smith said, they began talking about the grants process for next year, and about how to ensure that the allocations relate specifically to the purposes of the act – “just to make sure we’re on the straight and narrow.” One way to go about it is to leave it up to the committee to determine, though none of the committee members are lawyers, he noted. He thought it would be great to have a statement to rely on. Even if it’s not possible to be definitive – because the law itself is unclear – it would be useful to know what ways the law could be interpreted, he said. C. Smith concluded that he was comfortable with the amendment.

Andy LaBarre (D-District 7) asked Curtis Hedger, the county’s corporation counsel, about what legal effect Hedger’s legal opinion would have – “what would it get us on the hook for down the road, good or bad?”

Curtis Hedger, the county’s corporation counsel.

Hedger replied that like any opinion, it would simply be his advice to the board. As policymakers, ultimately it’s the county commissioners who decide what to do, he noted. If the amendment were approved, he’d give them his best interpretation of how the Act 88 revenues can be spent. Hedger said that asking him to come up with alternative interpretations, as directed by D. Smith’s draft amendment, was a little “touchy-feely.” He added: “That would just be me speculating.”

As far as putting the county on the hook one way or another, Hedger said he didn’t think that was an issue, because it would just be an opinion.

Yousef Rabhi (D-District 8) asked what D. Smith meant by the word “exhaustive.” D. Smith replied that Hedger has already provided the board with opinions on other topics that explain how phrases could be construed in different ways. That’s what D. Smith intended by “exhaustive.” The language in MCLA 46.161 is extremely convoluted, he added, so Hedger could explain how parsing the grammar in different ways would yield different interpretations. Then it’s up to the board to decide which interpretation to use, he said.

Rabhi said he thought an opinion was simply an opinion – not a description of other opinions. He wasn’t sure it was an appropriate approach to ask for alternative interpretations. Rabhi would support asking Hedger to give the board his interpretation of the law, but it wasn’t Hedger’s job to do more than that.

C. Smith said he’d asked D. Smith to include that language in the amendment. He noted that the very first sentence of Act 88 has a semicolon in it. That sentence states:

The boards of supervisors of the several counties may levy a special tax on the taxable property within their respective counties for the purpose of creating a fund; or appropriate out of the general fund an amount to be used for advertising agricultural or industrial advantages of the state or county or any part of the state, or for collecting, preparing or maintaining an exhibition of the products and industries of the county at any domestic or foreign exposition, for the purpose of encouraging immigration and increasing the trade in the products of Michigan, or advertising the state and any portion thereof for tourists and resorters.

As an English major, C. Smith said, his interpretation of a semicolon is to stop one thought, and append another thought to it – interrelated but separate. So for the Act 88 language, he said, there might be two legitimate interpretations of the function of that semicolon. It’s important for the board, which will be allocating the Act 88 dollars, “to have some degree of comfort that we’re doing it within the parameters of legality, even if those aren’t 100% clear,” he said.

Conan Smith (D-District 9).

The courts ultimately are responsible for interpreting the law, C. Smith said. If the board asked for a legal opinion and someone then sued the county over Act 88, the board would have a document that showed the legal underpinnings for their decision – and “I would feel more comfortable with the decisions that we are making.”

Act 88 is a mess, C. Smith continued – it’s “ancient” legislation that’s been amended over the decades, making it even more convoluted. “Just knowing that we’re walking down a path that is legal – even if we’re not sure that that is the absolute right path – I think would be helpful for us on the committee to make an allocation of the funds,” he said. “What I definitely don’t want to do is to walk down a path that’s not legal.”

D. Smith said he wants to make sure there’s a very full discussion of the law’s various nuances. At the end of the day, Hedger will provide his best interpretation of the law, he added. But as part of that guidance, it’s prudent to explore other ways that it could be interpreted. It should answer as many questions as can be answered, he said, “so that this issue is put to rest once and for all.”

Rabhi said it seemed like D. Smith was trying to do Hedger’s job. He thought they should ask the person that they hired to be the county’s attorney for his opinion. If the board wants a white paper on Act 88, they should ask for that – but maybe not from Hedger, he said. Rabhi asked Hedger what he thought.

Hedger replied that after this discussion, he had a better feel for what the amendment is asking for. He said D. Smith was right – when Hedger writes legal opinions for the board, he often describes other interpretations that he doesn’t necessarily agree with. He didn’t have a problem with this approach.

Alicia Ping (R-District 3) didn’t think the amendment accurately reflected what the board wanted from Hedger. C. Smith said he’d be comfortable striking the last clause: “…and that this opinion address in similar manner other possible interpretations.” D. Smith agreed to that change.

Rabhi thanked the Smiths, saying that striking the clause would allow him to support the amendment.

The revised amendment was as follows: [strike-through reflects a clause that was struck during deliberations]:

FURTHERMORE BE IT RESOLVED that the Washtenaw County Board of Commissioners directs Corporation Counsel to provide an exhaustive written opinion, by December 31, 2014, detailing the lawful uses of sums raised under Act 88 of 1913 (MCLA 46.161), and that this opinion address in similar manner other possible interpretations.

Outcome on the amendment, as revised: It passed unanimously on a voice vote.

Outcome on main resolution, as amended: The board unanimously passed the resolution allocating Act 88 funds, without additional discussion.

After the vote, Conan Smith commented that this was the first round of competitive Act 88 grants, and the projects are really interesting. “I think they’ll be very impactful on the community,” he said. He was especially excited about the grant to Growing Hope to study how to increase the use of food stamps at the Ypsilanti farmers market, so that people who use food stamps can get better access to fresh fruit and vegetables. He encouraged everyone in the community to take a close look at these projects.

Rolland Sizemore Jr. (D-District 5) expressed some frustration about the amount of money in general that’s being spent on studies, rather than directly on projects. He thought that the Ypsilanti farmers market project should be expanded to other parts of the county.

Act 88 Levy: Board Discussion

Later in the meeting, the board was asked to consider a separate resolution that would authorize the county to levy the Act 88 tax this year.

Dan Smith brought forward a similar amendment, aimed at getting a firm understanding of the Act 88 millage:

FURTHERMORE BE IT RESOLVED that the Washtenaw County Board of Commissioners directs Corporation Counsel to provide an exhaustive written opinion, by October 1, 2014, detailing the exact mechanism under which Act 88 of 1913 taxes may be levied in excess of Article IX, Section 6 constitutional limits without a vote of the people.

There was no discussion on the amendment.

Outcome on the amendment: It passed unanimously on a voice vote.

Outcome on the main resolution, as amended: It passed unanimously.

2nd Quarter Budget Update

The administration gave an update on the county’s second-quarter financial status, for the period from Jan. 1 through June 30, 2014. County administrator Verna McDaniel introduced the update by calling it “good news.” [.pdf of presentation]

Finance analyst Tina Gavalier.

Tina Gavalier of the county’s finance staff told commissioners that property tax revenue is showing a projected surplus of $720,000 compared to what was budgeted for 2014. In addition, the sheriff’s office is projecting a roughly $200,000 surplus due to federal, state and local reimbursements for prisoner boardings. In the category of general intergovernmental revenues, there’s now a projected surplus of $370,000 due to state liquor tax funds and local reimbursements for animal control.

Several other areas are showing a revenue shortfall, however, compared to the amount budgeted. Those units include the clerk/register of deeds ($350,000 shortfall), district court ($209,000 shortfall), trial court ($73,000 shortfall) and interest income ($71,000 shortfall).

Gavalier noted that the trial court is still determining the impact of a Michigan Supreme Court decision prohibiting the assessment of court costs on criminal cases. The court can collect on anything that was assessed prior to the court ruling, she explained, but if no legislative action is taken, courts could see a substantial decrease in future revenues.

Overall, the net projected revenues for the general fund show a revenue surplus of $656,991.

On the expenditure side, the sheriff’s office has a projected over-expenditure of $673,000 related to overtime costs, inmate food and medical services, and law enforcement operating supplies. Gavalier said the sheriff and his staff are actively working to reduce that over-expenditure by year’s end. All other departments are reporting a combined operating surplus of $135,000.

In other expenditure categories, the line item for tax appeals and refunds is projected to have a surplus of about $239,000. The line item of central charges has a projected surplus of $93,000 due to tax refund overpayments being less than budgeted – partially offset by projected over-expenditures from the homelessness initiative that the board approved earlier this year. Appropriations are assumed to be on budget at $16.2 million. The expenditure projections also took into account structural and non-structural budget adjustments that have been made so far in 2014, totaling $560,000.

The net projected over-expenditures for the general fund are $445,070. So the projected general fund surplus for 2014 is $211,920.

Washtenaw County general fund projections for 2014.

If that $211,920 is added to the fund balance at year’s end, Gavalier said, then the fund balance would be 20.3% of the general fund expenditures.

Most departments that aren’t part of the general fund are on budget or are projecting a surplus, Gavalier reported. Two areas – veterans relief and risk management – are using their fund balances as planned, she said.

Some revenue issues to monitor include: (1) state legislation that might repeal or reform Act 88, (2) revenues for the clerk/register of deeds office, (3) court revenues, (4) personal property tax reform, and (5) payments from state revenue-sharing. Expenditure items to monitor include rising costs in the child care fund due to increased caseloads and placements, the sheriff’s office costs, and union contract negotiations.

Gavalier noted that the board will receive a third-quarter update in November, with a budget reaffirmation process taking place this fall for the 2015-2017 budget.

2nd Quarter Budget Update: Board Discussion

Responding to a query from Yousef Rabhi (D-District 8), Tina Gavalier explained that the projected revenue shortfall of $350,000 in the clerk/register of deeds office was from lower-than-projected fees from document-processing – such as real estate transfers and marriage licenses. It’s lower than it’s been in the past several years. Rabhi quipped: “Buy houses and get married, everybody!”

County administrator Verna McDaniel.

Regarding the courts, Rabhi asked if there’s legislation pending to address the impact of the recent state Supreme Court ruling. He wondered if the county’s lobbyist needed to work on something in Lansing. [Washtenaw County and several other local municipalities pay Governmental Consultant Services Inc. to act as a lobbyist for their interests at the state level.]

County administrator Verna McDaniel said she hadn’t taken any action on this issue, but would be talking with the court administrators about it. She pointed out that the courts operate under a lump sum budget.

Rabhi said it might be worthwhile to see what other counties are facing, and to see if there’s potential to work across county lines. McDaniel said she’d get more information about that.

Dan Smith (R-District 2) wondered when the new GASB regulations take effect. He was concerned when the administration talks about a “surplus,” knowing that the county actually has about a huge amount of unfunded liability.

By way of background, Smith was referring to more than $200 million in unfunded liabilities from the retiree health care and pension funds. The new accounting changes – required by the Governmental Accounting Standards Board (GASB) – take effect in phases. In 2014, the main change will be more disclosures in notes to the financial statements, required by GASB 67. But in 2015, when GASB 68 is implemented, the county’s unfunded actuarial accrued pension liability will be booked as a liability in the county’s statement of net position, which will be a significant change, according to the county’s finance staff. New standards for health care liabilities will be addressed in the future by GASB, and the county’s accounting staff is working on that.

McDaniel replied that it’s an issue that staff will “continue to dialogue with this board about,” to get direction in terms of priorities and any additional actuarial payments that might be required.

Alicia Ping (R-District 3) asked about the shortfall for the courts, saying she was concerned about it. She wondered how that will impact the memorandum of understanding with the county, regarding the lump sum budget under which the courts operate. McDaniel noted that in the past, the courts have been able to work within their lump sum budget. But this year, the impact of the Supreme Court ruling will be substantial, she said. So the courts will have to come up with a plan about how they’ll handle it. The impact could be as much as a half million dollars, McDaniel said. “We’ll work with them, and we’ll have more information as this develops.”

Ping also asked for a breakdown in line-item costs that are contributing to the over-expenditures in the sheriff’s office budget. McDaniel said that the sheriff, Jerry Clayton, felt confident that expenses will even out over the remainder of 2014, based on actions that his office is taking.

Outcome: This was not a voting item.

2014 Budget Adjustments

Commissioners were asked to give final approval to mid-year budget adjustments, including allocating this year’s higher-than-expected property tax revenues and a $3.9 million surplus from 2013. Initial approval had been given at the board’s July 9 meeting.

The adjustments increased the general fund budget’s expenses and revenues by $720,486 for 2014, $733,233 for 2015, $745,980 for 2016 and $758,727 for 2017. The county operates on a four-year budget, with the fiscal year matching the calendar year.

The adjustments were recommended by county administrator Verna McDaniel, who requested setting aside the $3,920,818 surplus from 2013 in unearmarked reserves, rather than spending it. The projected year-end 2014 fund balance is $20,638,675. The county board had previously approved a goal of holding a fund balance equal to 20% of its general fund budget. For 2014, the general fund budget is $103,127,202. [.pdf of staff memo and mid-year budget resolution]

In addition, the following mid-year budget adjustments were made to the general fund:

• Structural adjustments resulting in a $494,677 increase in expenditures for: (1) providing employee health care coverage for autism; (2) a consultant to help with the board’s budget priority work, (3) a “local government initiatives” intern; (4) reinstatement of two full-time equivalent positions in the sheriff’s office; and (5) salary adjustments for non-union employees.
• Non-structural, one-time, adjustments that increased expenditures by $65,000 for homelessness initiatives.

The administration recommended that the remaining $160,809 be held as an undesignated allocation until budget projections improve as new information becomes available. Finance staff gave a second-quarter budget update on Aug. 6, projecting that the county will have a $211,920 general fund surplus at the end of 2014. [.pdf of budget presentation]

From left: County prosecuting attorney Brian Mackie and commissioner Dan Smith (R-District 2).

When an initial vote was taken on July 9, commissioners Dan Smith (R-District 2) and Conan Smith (D-District 9) had voted against it. On Aug. 6, both raised the same concerns they’ve voiced earlier.

Conan Smith said he hoped that when the county achieves its goal of a fund balance equal to 20% of the general fund budget, then any extra surplus would be “put to work in the community.” With its vote that night, the board will have achieved fiscal stability, he said, and he looked forward to achieving community stability as well.

Dan Smith stressed the importance of setting a budget and sticking to it, with adjustments coming only during the annual budget affirmation process – rather than throughout the year. There are other things to focus on, he said, including policy issues.

Yousef Rabhi (D-District 8) said he agreed with C. Smith. The board has done a lot to make sure the county’s financial security is in place. Looking forward, there are some investments that the county can make in the community. He thanked C. Smith for advocating on that issue.

Outcome: The budget adjustments passed unanimously.

Veterans Relief Tax

Commissioners were asked to give initial approval to levy a tax to support services for indigent veterans.

The county has determined that it is authorized to collect up to 1/10th of a mill without seeking voter approval. That’s because the state legislation that enables the county to levy this type of tax – the Veterans Relief Fund Act, Public Act 214 of 1899 – predates the state’s Headlee Amendment. The county first began levying this millage in 2008, and collects the tax in December. Services are administered through the county’s department of veterans affairs.

Since 2008, the county board has slightly increased the rate that it levies each year. In 2012, the rate was 0.0286 mills – or 1/35th of a mill. It was raised to a rate of 1/30th of a mill in December 2013, to fund services in 2014.

The current proposal is to levy 1/27th of a mill in December 2014, which is expected to raise about $540,887 in revenues for use in 2015.

There was no discussion of this item at the board’s Aug. 6 meeting.

Outcome: The board unanimously gave initial approval to levy this millage. A final vote is expected at the board’s Sept. 3 meeting.

New TIF Policy

Commissioners were asked to give initial approval a policy to guide the county’s participation in tax increment financing (TIF) authorities.

Commissioner Andy LaBarre (D-District 7) and county administrator Verna McDaniel.

At its Oct. 16, 2013 meeting, the board had passed a resolution directing county administrator Verna McDaniel to develop a policy for evaluating future TIF proposals. The resolution stated that the policy would be developed with input from staff of the office of community and economic development, the equalization department, and the brownfield redevelopment authority. The Oct. 16 resolution was passed over dissent by the board’s two Republican commissioners, Dan Smith (R-District 2) and Alicia Ping (R-District 3).

Subsequently, an advisory committee was formed to help develop the policy. Members were: county commissioner Andy LaBarre (D-District 7); county treasurer Catherine McClary; corporation counsel Curtis Hedger; and finance director Kelly Belknap.

The two-page policy brought forward by McDaniel lays out a process by which the board would consider any proposed or amended Corridor Improvement Authority (CIA) or Downtown Development Authority (DDA) where the capture of county tax revenues is requested. [.pdf of TIF policy]

New TIF Policy: Board Discussion

Dan Smith (R-District 2) referred to this section of the policy:

III. Tax Increment Financing Participation Process

Any local unit of government proposing a new or amended Corridor Improvement Authority or Downtown Development Authority, or other statutory entity empowered to capture, incremental County tax revenues are requested, shall adhere to the following review process, in addition to those specified by the appropriate state enabling legislation:

…

D. Any County participation in these Tax Increment Financing Districts shall be through the execution of a participation agreement. A participation agreement shall include, at a minimum, extent of County participation including estimated amount (consideration of dollar for dollar and percentage estimates), duration, and methods, if any, of termination and reporting requirements.

IV. County Opt Out Authorization

In the event a requesting entity fails to adhere to this process, the Washtenaw County Board of Commissioners authorize the County Administrator to take the appropriate steps to opt out of participation in the proposed tax increment financing plan.

It appeared to D. Smith that no additional board approval would be required, in order for the county administrator to begin opt-out proceedings if the requesting entity doesn’t follow the agreed-upon process. He didn’t object to that approach, but wanted to make certain that it’s what is intended.

Andy LaBarre (D-District 7) responded, saying that D. Smith’s interpretation was correct. Corporation counsel Curtis Hedger said the committee gave that authorization because of a potential timing issue. There are times when deadlines related to the TIF process would occur before the next board meeting, “so it gives the administrator some flexibility,” he said.

LaBarre said the policy is an attempt to give the board as broad a framework as possible. This is a tool the board could use, he said, but he also urged the board to look at each individual proposal in its set-up and its context. There are so many different types of tax-capture mechanisms for many different purposes, so he wanted to give that caveat. LaBarre praised the county staff for their work in developing this policy, saying “I simply went along for the ride.

Outcome: The TIF policy passed unanimously on an initial vote. A final vote is expected at the board’s next meeting, on Sept. 3.

Appointments

Yousef Rabhi (D-District 8), the board’s chair, made several nominations for appointments.

• Food Policy Council: Khadije Wallace to the slot for a citizen representative, for a term ending Dec. 31, 2014.
• River Raisin Watershed Council: Evan Pratt, the county’s water resources commissioner, as the Washtenaw County representative; and Harry Sheehan, environmental manager with the water resources commissioner’s office, as the county alternate. Those terms both end on Dec. 31, 2014.
• 2014 Remonumentation and Land Survey Peer Review Group: Thomas Sutherland, John Jekabson, Kevin Gingras, Patrick Hastings and Kenneth Coleman.

Outcome: All appointments were confirmed.

Water Resources: Revised Rules & Guidelines

The board’s Aug. 6 agenda included an item to support new rules and guidelines proposed by the county’s water resources commissioner, Evan Pratt. The changes relate to procedures and design criteria for stormwater management systems. [.pdf of revised rules and guidelines]

The previous rules and guidelines had been adopted in 2000. According to a staff memo, the new changes reflect updated requirements of the county’s National Pollutant Discharge Elimination System (NPDES) Phase II stormwater discharge permit, which is administered by the Michigan Department of Environmental Quality.

Pratt attended the Aug. 6 meeting, but there were no questions from commissioners and no discussion on this item.

Outcome: The resolution supporting the revised rules and guidelines was approved.

Communications & Commentary

During the Aug. 6 meeting there were multiple opportunities for communications from the administration and commissioners, as well as public commentary. In addition to issues reported earlier in this article, here are some other highlights.

Communications & Commentary: Proclamations – UA

At its July 9, 2014 meeting, the board had passed a proclamation welcoming the United Association (UA), a union of plumbers, pipefitters, sprinkler fitters, welders, and heating, ventilation, air conditioning and refrigeration (HVACR) technicians. They’ll be in this area from Aug. 9-15 for their 61st annual training program. For the past 25 years, that program has been held in Washtenaw County on the Washtenaw Community College campus, bringing about 2,400 participants to the county with an estimated economic impact of $5 million. [.pdf of UA proclamation]

Chris Haslinger, director of training for the United Association (UA) of plumbers and pipefitters.

At the Aug. 6 meeting, Chris Haslinger, director of training for the UA, was on hand to receive the proclamation. He thanked the board. He described the growth of the training program over the years, pointing out that this year there will be 450 first-time attendees. He noted that the community here welcomes the UA members, and that the union receives a great deal of assistance from the Ann Arbor and Ypsilanti convention and visitors bureaus. Both presidents of those bureaus – Mary Kerr and Debbie Locke Daniel – also attended the county board’s Aug. 6 meeting.

Halsinger reported that the UA had reached an agreement with WCC to extend the program here through 2028. There are eight people based in the Ann Arbor area who work year-round on UA training programs, he said. Eight people might not seem like a lot, he added, but it’s important that they live here and contribute to the community.

He described some other initiatives undertaken with WCC, and concluded by thanking the county, the city of Ann Arbor, Local 190 and Local 704. “We look forward to a future in the Ann Arbor community,” he said.

Board chair Yousef Rabhi (D-District 8) responded by thanking Halsinger and sharing an anecdote. He said he was on a conference call with U.S. vice president Joe Biden, discussing the future of the country’s talent and job resources. Rabhi said he asked Biden a question and mentioned the partnership between WCC, the county, the UA and other communities as an example of the direction that the country should be heading. He thanked Haslinger for UA’s investment in this community.

Communications & Commentary: Proclamations – Herb Ellis Sr.

Yousef Rabhi (D-District 8) read a proclamation honoring Herb Ellis Sr., the first black man to be elected to the Washtenaw County board of commissioners. Ellis was elected in 1968 and served until 1982, representing Ann Arbor. During that time he also was the first black chair of the county board. [.pdf of proclamation]

Jeff Ellis.

Ellis had passed away on July 10, 2014 at the age of 98.

Jeff Ellis, one of Ellis’ sons, was on hand to accept the proclamation. His father’s life was dedicated to serving others, either through education, civic organizations or as an elected official, he said. In particular, Ellis had been interested in public health issues, promoting educational opportunities for young people, and improving the lives of senior citizens.

Herb Ellis was a pioneer in the community, as one of the first black teachers in the Ann Arbor public school system, and the first person of color to be elected to the county board of commissioners. He was recognized as a consensus-builder, Jeff Ellis said. “He believed in leading by example, and did his best to be a positive role model in all aspects of his life. By most accounts, he was successful in that effort.”

Communications & Commentary: Proclamations – Donald Shelton

The board had a third proclamation – for 22nd circuit court judge Donald Shelton, who is retiring this year. [.pdf of proclamation for Shelton] Shelton was out of town and did not attend the Aug. 6 meeting. Yousef Rabhi reported that the proclamation would be given to Shelton at a retirement party later this year.

Communications & Commentary: Public Commentary

Thomas Partridge introduced himself as a recent candidate for political office in the state legislature and Ann Arbor city council. He called on the county to redouble its efforts after the Aug. 5 primary election to give priority to eliminating homelessness, generating adequate affordable housing, true countywide affordable and accessible public transportation, affordable health care and education. He supported Act 88 funding but didn’t think the grants reflected these priorities. Partridge advocated for support of Democrat Mark Schauer in his bid for governor, and for a progressive Democratic platform to address the needs of the most vulnerable residents. The state needs a balanced budget, but not one that’s balanced on the backs of those who are least able to fend for themselves in this economy.

Executive Session

At the end of the meeting, the board voted unanimously to go into executive session for the purpose of reviewing attorney-client privileged communication. It is one of the exemptions allowed under the Michigan Open Meetings Act. Commissioners retreated to a room in the administration’s offices, along with several staff members and others who had been invited into the closed session.

After about 30 minutes, three commissioners returned to the boardroom – Dan Smith (R-District 2), Alicia Ping (R-District 3) and Conan Smith (D-District 9). They indicated to The Chronicle that they thought the discussion in the closed session had strayed away from the limits imposed by the OMA, and they had left the session because of that. They did not state what the nature of the discussion had been, nor the topic of the session.

Soon after, the remainder of the board emerged from the closed session, and the meeting was adjourned.

Present: Andy LaBarre, Kent Martinez-Kratz, Alicia Ping, Yousef Rabhi, Rolland Sizemore Jr., Conan Smith, Dan Smith.

Absent: Felicia Brabec, Ronnie Peterson.

Next regular board meeting: Wednesday, Sept. 3, 2014 at 6:30 p.m. at the county administration building, 220 N. Main St. in Ann Arbor. The ways & means committee meets first, followed immediately by the regular board meeting. [Check Chronicle event listings to confirm date.] (Though the agenda states that the regular board meeting begins at 6:45 p.m., it usually starts much later – times vary depending on what’s on the agenda.) Public commentary is held at the beginning of each meeting, and no advance sign-up is required.

From left: Scott Betzoldt of Midwestern Consulting, Ann Arbor housing commission executive director Jennifer Hall, and John Mouat, project architect for AAHC’s proposed development at 3451 Platt Road.

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

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

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

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

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

Revisions to the planning commission bylaws will be forwarded to the city council for approval.

AAHC Platt Road Project

At its Aug. 6 meeting, the Ann Arbor planning commission considered two actions related to an Ann Arbor housing commission project at 3451 Platt Road.

Aerial view of 3451 Platt.

The first was a rezoning proposal on 3.1 acres – from R1C (single-family dwelling district) and R2A (two-family dwelling district) to R4B (multi-family dwelling district). The site includes a property currently owned by AAHC, as well as an adjacent parcel that’s being purchased by the city on behalf of AAHC. The rezoning request needs approval from the city council, in a two-step process.

In a separate item, the commission considered a recommendation on a proposed site plan for the low-income housing development, to allow AAHC time to address staff concerns regarding the impact on natural features. The site plan will also need city council approval. AAHC hopes to have a decision on the zoning and the site plan from the city council by mid-October, to enhance a grant application.

The project calls for demolishing four single-family homes and one two-family building, and constructing a 32-unit apartment complex with five buildings, 61 parking spaces, a playground, and a community building. The new apartments will include: 8 one-bedroom units; 12 two-bedroom units; 6 three-bedroom units; 2 four-bedroom units; and 4 five-bedroom units.

Two of the proposed buildings would be in the floodplain, which raised concerns from city staff. The AAHC is working to address those concerns – possibly by eliminating or reducing the number of buildings in the floodplain. It’s expected that the AAHC can address the issues raised by city staff so that the site plan can return to the planning commission at its Aug. 19 meeting. [.pdf of planning staff report] [.pdf of June 28, 2014 citizen participation meeting report]

This project is part of major renovations and improvements the commission is making to its low-income housing inventory. For background on the AAHC process of renovating its properties, see Chronicle coverage: “Public Housing Conversion Takes Next Step.”

Alexis DiLeo of the city planning staff.

This project is not the same site as a county-owned property on Platt Road, which is also being considered for affordable housing.

City planner Alexis DiLeo gave the staff report on the project. She described how staff had considered how modifications might be made under a “planned project” designation – to allow a single mid-rise building 6-9 stories tall, or to allow decreased side setbacks and building spacing. But those decreased setbacks might not be desirable to neighbors, she said. DiLeo’s remarks on those “planned project” modifications were met with headshaking from some in the audience.

On the rezoning issue, DiLeo commented that the R4B zoning district allows for every type of dwelling unit and noted that the parcel is big enough to be zoned with its own zoning designation. The city staff from various departments are providing feedback on the site plan proposal, DiLeo said, and the systems planning department had just completed its comments – so the AAHC has not had time to examine those comments. The city’s floodplain coordinator [Jerry Hancock] does not support the existing design, she noted.

The staff were making a split recommendation – to recommend the rezoning, but to delay the site plan. Given the two-step approval process that the council must follow for changes to zoning regulations – with an initial and final vote taken at two separate meetings – the site plan should be able to catch up and could go to council for action at the same time the zoning is considered for final approval, DiLeo thought. That would be in mid-October, she said, “if all the stars align.”

Planning commission chair Wendy Woods indicated that Ron Woods, her husband, serves on the AAHC board. She had no financial interest in the project, but said that she could recuse herself at the pleasure of the commission. None of the other commissioners objected to Woods’ participation in the deliberations and vote on the project.

AAHC Platt Road Project: Public Hearing

The public hearing on this project drew 17 speakers.

Sarah McCallum told the commission she lives within 1,000 feet of the project. She’s been a homeowner for 10 years. She had several concerns, she said. One concern was that she’d attended a citizens participation meeting in February held at the Malletts Creek branch of the Ann Arbor District Library. The site plan presented at that meeting was drastically different from the one now being presented. The current plan has a scope that is exponentially larger, she said – up to 78 bedrooms. She also had concerns about the floodplain. The fact that the buildings won’t have basements means that if there were a storm or tornado, residents would have nowhere to seek shelter.

From left: Joan Doughty, executive director of the nonprofit Community Action Network (CAN), and housing commission executive director Jennifer Hall.

McCallum also told the commission that traffic in the morning is very congested – because the road had been reduced to two lanes and two bike lanes. The project would result in additional congestion, she said. Property values since she purchased her home started off nice, then decreased but have started to recover. She was concerned about the negative impact of the project on surrounding property values. She questioned why affordable housing projects were being “pushed on” that neighborhood? The neighborhood already had the Hikone project [also operated by AAHC].

She was not opposed to affordable housing – but the proposed project was too dense. She noted that 60% of students at the nearby Mitchell Elementary and Scarlett Middle School qualified for free or reduced lunches. She wondered if the neighborhood could afford additional affordable housing units. She reiterated that she was not opposed to affordable housing. She asked the commission to postpone action, saying that half the people who would have attended a July 28 public meeting weren’t in town.

Julie Steiner, former executive director of the Washtenaw Housing Alliance, spoke in support of the project. While previous speaker, Sarah McCallum, thought the project was dense, Steiner called the 32 units acceptable. A different developer could build more units than that, she pointed out. This project is a chance to put in more affordable housing – in a neighborhood with good schools and transportation. The project is recommended to be built to “green” standards, with the possibility that solar panels will be installed, Steiner said. AAHC is also thinking of adding a community center so services can be provided on-site and children have somewhere go and something to do. No matter where we try to put affordable housing, neighborhoods will object, Steiner ventured. But the city only has a limited amount of land.

Flo Burke told the commission that the Aug. 6 meeting was the third one she’d attended on this project. She contended that the notes about those meetings that the AACH had provided to the planning commission had not reflected a lot of the comments made at the meetings. There were a lot of people who’d attend the meetings who didn’t think the project was a good idea, she said – like Sarah McCallum, who’d led off the public hearing. Burke told the commission that she lived on Springbrook. Neighbors on Springbrook are not opposed to public housing or low-income housing, she said. And in fact many of them are low-income residents themselves. She noted that she’d received money from a community development block grant to renovate her house. She pointed out that public housing at Hikone is located not far from the proposed project. She asked the commission to pay attention to residents and not to affordable housing advocates.

Paul Zsenyuk told the commission that he lived across the street from the proposed project. He’d lived there for 27 years and paid taxes. He’d put money into his house fixing it up, he said. Things had reached a point where he had a hard time going to retrieve his mail from the mailbox on Platt Road because there is so much traffic. He told the commission that he was 61 and would be retiring. He didn’t want to sit on his porch and look at that development. He liked the peace and quiet of the property now, and he didn’t want that changed, concluding, “This is not acceptable to me at all.”

Tracy Williams introduced himself as a member of Camp Take Notice, MISSION and Camp Misfit. He understood that there’s a lot of need for affordable housing, he told the commission. Affordable housing should stay affordable and not go up, he said. About the development of the land, he said, this is Ann Arbor and we all knew it was going to grow.

Wendy Woods, chair of the planning commission.

Peg Ball addressed the commission from her wheelchair. She told the commission she was really excited about this development. She’d spoken with the architect before the meeting [John Mouat]. Many new developments are built with 8-10 or 20-step stairs. But this proposed development includes “visitability” – and that means that every unit will be enterable by people with disabilities. That’s something that’s needed, she said: People with disabilities want to be a part of the community and be able to visit neighbors, just like able-bodied people do.

Seth Best told the commission that he lived at the corner of Packard and Platt. As someone who needs affordable housing, he was very excited about the proposed project. The proposed design makes it looks like a residential community as opposed to an apartment complex, he said. As far as the concern that during a tornado, a house with no basement would have no place to offer shelter, Best told the commission that people down South live in houses built on slabs and they survive bad weather. The 78 bedrooms that would be built as a part of this project should be considered in the context of the 500 units that are needed, he said. Some people have to choose between sleeping on the street or visiting the shelter, he said. He relied on disability payments, which were $1,000 a month and he was paying $690 a month for a one-bedroom apartment. He thanked god he had a Section 8 voucher. He’d come to Ann Arbor because it was safe, and he was also staying because he expected it would stay that way. Best concluded his remarks by congratulating Sabra Briere on her run for mayor, saying he was sorry that it didn’t work out – but she’d run a wonderful campaign. [Briere is a city councilmember who also serves on the planning commission.]

Greg Pratt addressed the issue of the floodplain by telling the commission that Swift Run ran behind his house. His house is built on a slab, because that’s the way it needs to be built given that the Swift Run drain is that close. He’s a member of MISSION, and that group works with hundreds of people who have no place to go at night. He was in support of the AAHC project.

Tom Snoblen said he’s in favor of Section 8 housing. But he’d bought his house as an investment. And he really didn’t want to see a big building like that across the street from him. He wanted to see the zoning stay the same.

Abdul Al-Samadi told the commission that he and my family would be affected as they live at 3451 Platt, one of the houses that is proposed to be demolished.  They love their neighborhood and  they have a strong sense of community, he said. The proposal will construct a big building in a field, he said – where they enjoy playing soccer. He felt the project is not going to be feasible, because it’s going to be overcrowded. Platt Road is crowded as it is, he said.

Judy Shapiro told the commission she lived right across the street from the proposed project. She and her husband had bought the house they live in 13 years ago, and they knew that the AAHC property was located across the street from theirs. But they thought it would keep the same zoning. Right across the street the zoning is for single family. There is supposed to be a process for changing the zoning, she said. There were a lot of angry people at the citizens participation meeting – but she didn’t see that reflected in the AAHC’s report on that meeting.

Caleb Poirier told the commission that his nonprofit owns a property on Stone School Road about 1 mile from the location of the proposed AAHC project. He ventured that those who live near a property tend to “mentally lay ownership beyond their property lines.” If you want to maintain a low-density environment, then you move into a subdivision to secure that type of density, he said. The R4B zoning allows for 15 units per acres – so 45 units. But only 32 units are proposed to be built. He also wanted to draw the commission’s attention to the people who were not at the meeting that night – those who would be living in this project.

Tim Colenback, a member of the AAHC board.

Joan Doughty allowed that she lived nowhere near the project, but she works for Community Action Network (CAN), which is the service provider for Hikone. [Doughty is CAN's executive director.] She was there of her own volition. The AAHC Platt Road proposal is exactly the kind of proposal that would work, she said. Hikone has 29 units and Green Baxter has 23 units. At that size, there is a challenge achieving a critical mass for programs, she said. But 32 units is a perfect size. She also liked the variable sizes of the apartments that are proposed. Sometimes a family gets larger and smaller – so it’s awesome for kids if they don’t have to move to a different community as the family grows. AAHC is an excellent steward, she said. Doughty also highlighted the proposed community center as a benefit.

Tim Colenback, who serves on the AAHC board, told commissioners there are a lot of reasons to support this project. It is only a small development, he said, and it’ll be an improvement over what’s there now. The buildings will have high quality construction with green standards beyond what is required by the city.

But real reason he wanted to support the project is because of the people who will be served. The community has had a crisis for some time, he said. People who do the difficult jobs in the city can’t live here – those who clean our buildings and serve our food. Some of our low-income housing has been converted to market rate, he noted. His polling location for elections is at Arrowwood Hills Cooperative housing. It’s just a stone’s throw – because he lives near there, he said. He has many great friends who live at Arrowwood. He was very glad they didn’t go market rate because there is a large group of low- and moderate-income people there. He asked planning commissioners to please meet the needs of 32 families who need this kind of housing.

AAHC executive director  Jennifer Hall noted that the property had been owned by the city of Ann Arbor for over 40 years – and it was purchased to be affordable housing. It never went through the process of zoning, she said. She didn’t know why only four units were built there. About the citizen participation meeting, Hall allowed that there’d been a lot of yelling and anger. She characterized most of the opposition as being against developing the property on the west side of Platt, which was not part of site plan. The reason the proposal had been increased from 26 to 32 units was because the AAHC had been approached by the owner of the adjoining parcel with a duplex, so the project now comprises three parcels instead of two. The density of the three-parcel project, she explained, is actually less than the density was as a two-parcel project. It’s less density than Colonial Square, she noted.

Scott Betzoldt of Midwestern Consulting and John Mouat of Mitchell and Mouat Architects wrapped up the public hearing with a description of the site plan.

AAHC Platt Road Project: Commission Discussion – Rezoning

Diane Giannola asked for clarification about the staff preference to delay on the site plan, but to send the rezoning proposal to the city council with a recommendation of approval.

Planning commissioner Diane Giannola.

DiLeo explained that the city planning staff is doing the best it can to set the AAHC up for a possible city council approval by mid-October. AAHC is applying for a grant, and if the site plan and zoning approval is completed by mid-October, the AAHC gets additional points on its grant application. There’s “automatic dead time” between the first and the second readings of the zoning change in front of the city council, DiLeo explained.

Giannola expressed some concern that the site plan might be completely different by the time it reached the city council, and might not be compatible with the R4B zoning. DiLeo explained that R4B allows for a lot of flexibility and would likely be consistent with anything that AAHC might propose.

Eleanore Adenekan asked some questions about the proposed detention pond. It was proposed to be about four feet deep.

On the specific question of the rezoning, Jeremy Peters stated his support for the rezoning, saying that it would allow the development of additional affordable housing, which was a community goal – as reflected in the sustainability framework. He also said the rezoning would provide site improvements that would benefit the broader neighborhood.

Ken Clein asked DiLeo what criteria are used to evaluate whether the rezoning would have a negative impact on the area. DiLeo clarified that the claim in the report about a lack of any negative impact was the AAHC’s response on the application for rezoning, not the planning staff’s conclusion. But she gave a hypothetical example of a proposed rezoning to allow manufacturing. Her professional planning opinion would be that rezoning to manufacturing would have a negative impact on public welfare and property rights. Or if it were rezoned to commercial, which would allow a Target to be built there, then the traffic and intensity of land use would be impactful on the area.

Clein concluded that the proposed AAHC project was a little different from what the neighbors are accustomed to, allowing that it’s a little more dense than what it is now. Clein cautioned against thinking of this as “poor people housing.” Some back-and-forth between Clein and AAHC executive director Jennifer Hall clarified how residents of AAHC units are screened.

Sabra Briere asked for the maximum number of units could be built under the existing zoning. Hall indicated that Midwestern Consulting’s Scott Betzoldt had calculated that number to be 20. Briere concluded that it would be an increase in density. Briere asked about turf pavers that were mentioned in the site plan – which were explained to be there to allow fire trucks to have access. Briere said she continued to be hopeful that more open space could be provided on the site. She said that according to the description of R4B, it is supposed to be suitable for infill development for moderate density – which she concluded the AAHC project seemed to be.

Outcome: The planning commission voted unanimously to recommend rezoning of the parcel to R4B.

AAHC Platt Road Project: Commission Discussion – Site Plan

The discussion by planning commissioners about the site plan focused on the natural features and the floodplain.

Planning commissioner Ken Clein.

Giannola asked how anything could be built in the floodplain. DiLeo explained that buildings can be constructed in the floodplain, if they are elevated. She noted that the city’s floodplain coordinator does not support this project as proposed.

Briere was concerned about the amount of impervious surface and increased runoff. She also expressed some concerns on an aesthetic level – saying there was not enough distinction between one unit and another. In an allusion to her mayoral campaign, she said after spending a lot of time in the last few months walking through residential neighborhoods, she’d observed that there were always ways that people had made their homes their own. She encouraged the architects to look for opportunities to make the units more human and less consistent in pattern and design to the point that when they deteriorate they’ll all deteriorate the same. She also encouraged that AAHC heed the concern about soccer-playing families and that there be space to run around.

Clein questioned why 61 parking spaces are being proposed when only 48 spaces are required. Hall explained that there are complaints at other AAHC sites about the lack of parking, and pointed out that there is no on-street parking at the site.

After some additional discussion, the commission moved towards a vote to postpone. Peters wanted to be sure that the public hearing would be continued, whenever the site plan was back in front of the planning commission, noting that it was not certain when that might be.

Outcome: The commission voted unanimously to postpone consideration of the site plan.

Revision to Bylaws

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

Planning commissioner Jeremy Peters.

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

Planning commissioners had originally adopted similar revisions to their bylaws at a Feb. 20, 2014 meeting. Such revisions require city council approval. However, the city attorney’s office did not forward the Feb. 20 changes to the council for consideration. There was no action until July, when assistant city attorney Kevin McDonald provided suggested revisions to the bylaws related to public hearings. Those were the changes that were presented to commissioners at their July 15 meeting, and considered on Aug. 6. [.pdf of revised bylaws regarding public hearings] [.pdf of bylaws staff memo]

The main changes considered on Aug. 6 are in Sections 3 and 5 of Article 5 – Public Hearings. In Section 3, the changes eliminate the ability of the commission’s chair to modify or waive the speaking time limitations. Instead, the changes stipulate that the entire commission would have to make that decision via a majority vote.

The changes for Section 5 relate to the continuation of a hearing, and are as follows [deletions in strike-thru, additions in bold]:

Section 5. At the discretion of the Chair, or by vote of a majority of the members present, public hearings may be continued to another date. meeting, but will not be deemed to be a new hearing but a continuation of the original. If a public hearing is continued, individuals who have not previously addressed the Commission during the public hearing may address the Commission following the requirements of Section 3. Individuals who have addressed the Commission previously during the public hearing may only address the Commission for additional time (as limited by Section 3) during the continued public hearing if the Chair, with the consultation of Planning and Development Services staff, determines that: 1) additional public feedback is necessary, or 2) a specific petition has materially changed since the date of the original public hearing date. Agendas for continued public hearings shall specify whether members of the public shall be granted additional time to speak.

There were no changes suggested for the revisions that were passed by planning commissioners on Feb. 20 related to interactions with city councilmembers. That revised section states:

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

The revisions must be approved by the council before taking effect.

Revision to Bylaws: Commission Discussion

Planning manager Wendy Rampson noted that these changes had been presented to the commission at its July 15 meeting. The bylaws changes clarified how public speaking time at public hearings is regulated. The intent is to make sure the public and commissioners understand whether someone can speak again at a public hearing if it is continued from one meeting to the next.

Rampson explained the basic rule is that there’s an opportunity for a person to speak at a public hearing for three minutes – or five minutes if the person is speaking on behalf of a neighborhood group. The planning commission can waive the time limit through a majority vote, Rampson noted. The new section, as proposed, would clarify that if a public hearing is continued to the next planning commission meeting, a person who spoke at the initial meeting’s portion of the public hearing can’t speak at the continued hearing.

However, the chair of the commission can, in consultation with the staff, determine to allow someone to speak again – if there is some compelling reason, or material changes have been made in a proposal since the initial portion of the public hearing was held.

Jeremy Peters noted that he was the one who had originally proposed this change to the bylaws. The language in the proposal now more closely meets the intent of what he had originally proposed – so he was fully in support of it.

Planning commission chair Wendy Woods got clarification that changes to the planning commission’s bylaws are subject to city council review and approval. Until the council approves the changes, the commission will operate under the current rules.

Kirk Westphal thanked Peters and everyone who pushed it through. He noted there’d been a lot of back-and-forth with the city attorney’s office on the change to the bylaws.

Outcome: The planning commission unanimously approved the changes to its bylaws.

Minutes of Previous Meeting

The usually perfunctory approval of minutes from previous meetings received some detailed discussion. Kirk Westphal asked that the minutes from the May 20, 2014 meeting be corrected, to insert the word “no” in the following passage that reported what he’d said [insertion is denoted in bold]:

Martin said they are confident that it will be extremely active and with a hotel, there will be people coming into that building all the time so the use itself is built in activity. He said he would like to have the flexibility as there are still many unknowns but he believes restaurant or retail will be on the ground floor. He asked if Westphal wanted him to commit to office use.

Westphal clarified no office or financial institution uses.

By way of background, Westphal’s disfavorable view of financial institutional uses for ground-floor, street-facing contexts is well documented.

Planning commissioner Kirk Westphal.

In 2009, as the Ann Arbor Discovering Downtown (A2D2) rezoning legislation was moving through the approval process, he wrote a guest op-ed piece for the Ann Arbor News that argued for a requirement that street-facing, ground-level land uses in the downtown should be required to be “active.” Banks and offices are not considered to be active uses. The “active use” requirement was not adopted in the final rezoning of downtown.

Consideration of the June 3, 2014 meeting minutes was postponed by the commission. They had been completed just the previous day, planning manager Wendy Rampson told the commission. So staff was requesting postponement – so that the commission could have a chance to review them.

Outcome: The commission approved the May 20, 2014 minutes as amended, and postponed approval of the June 3, 2014 minutes.

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

Absent: Bonnie Bona.

Next meeting: Tuesday, Aug. 19, 2014 at 7 p.m. in council chambers at city hall, 301 E. Huron. [Check Chronicle event listings to confirm date.]

Former park advisory commissioner Gwen Nystuen and former planning commissioner Eric Lipson of the Library Green Conservancy spoke during public commentary. They advocated for integrated planning of public space in the Library Block, which includes Liberty Plaza and the Library Lane site. (Photos by the writer.)

An existing lease to the University of Michigan expires on Aug. 31, 2014. PAC recommended that the city renew the lease for two years, with an additional two-year option for renewal beyond that. Annual revenue will be $78,665, and will be included as part of the parks and recreation general fund budget.

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.

Three people spoke during public commentary regarding Fuller Park, though most of their focus was on the possibility of locating a train station at that site, which they opposed.

Responding to concerns raised during public commentary, commissioners discussed and ultimately amended the recommendation, adding a whereas clause that stated the “resolution does not commit PAC to support or oppose the use of Lot A as a rail station.”

The July 15 agenda also included two items related to Liberty Plaza: (1) extension of a fee waiver for events held at Liberty Plaza; and (2) feedback in response to city council action, which addressed Liberty Plaza and the potential park atop the Library Lane underground parking structure.

The existing fee waiver, which had been in place for a year, expired on July 1. The feedback to the city council related to action at the council’s June 16, 2014 meeting, which took place after a contentious debate over a resolution co-sponsored by Christopher Taylor, who also serves as an ex officio member of PAC.

On July 15, the commission also heard public commentary related to this area, as Library Green Conservancy members advocated for PAC to consider the entire block – both Liberty Plaza and Library Lane – when making recommendations to the council.

But because three PAC members were absent, chair Ingrid Ault suggested that the two items be put off until more commissioners could participate in a discussion. Absent on July 15 were PAC vice chair Graydon Krapohl, Alan Jackson, and Bob Galardi, who also serves as chair of the Allen Creek Greenway Conservancy board.

There was no formal vote to postpone, but it’s likely that the items will appear on PAC’s Aug. 19 agenda. That date falls after the Aug. 5 primary elections. Krapohl, a Democrat, is the only candidate running for Ward 4 city council. Christopher Taylor – a councilmember who serves as an ex officio member of PAC – is one of four Democrats running for mayor.

During the July 15 meeting, PAC also received a briefing on activities at Mack Pool, the city’s only indoor pool. Although the city had considered closing it just a few years ago, new programming has resulted in increased revenues for that facility.

Liberty Plaza

Two items appeared on the July 15 agenda related to Liberty Plaza: (1) extension of a fee waiver for events held at Liberty Plaza; and (2) feedback in response to city council action, which addressed Liberty Plaza and the potential park atop the Library Lane underground parking structure.

The commission also heard public commentary related to this area.

Liberty Plaza: Fee Waiver – Background

By way of background on the fee waiver, a year ago the city council voted to waive fees for use of Liberty Plaza, located at Liberty and Divisions streets. The waiver was for a one-year trial period, through July 1, 2014.

Looking down the steps into Liberty Plaza, at the southwest corner of Division and Liberty.

The waiver had been recommended by PAC at its June 18, 2013 meeting. It came in response to a situation that arose earlier that spring when city staff applied fees to the hosting of Pizza in the Park in Liberty Plaza – a homelessness outreach ministry of a local church.

The goal of the waiver was to attract additional musicians, performers, and other events at Liberty Plaza.” A key “whereas” clause of the 2013 council resolution stated: “… it is the goal of PAC to further activate Liberty Plaza by increasing social, cultural, and recreational activities that take place there; …”

Later in the year, on Nov. 18, 2013, the council approved ordinance revisions to allow for a waiver of fees when an organization uses any park to distribute goods for basic human needs. The ordinance was revised to include the following text: “There shall be no park rental fee charged in association with a permit, where the permitted event’s primary proposed activity is the charitable distribution of goods for basic human needs.”

The July 15, 2014 PAC agenda did not include a staff recommendation or draft resolution related to the fee waiver. The meeting packet contained copies of the resolution approved by PAC in June 2013 and by the city council later that year.

Liberty Plaza: Council Resolution – Background

The July 15 PAC agenda also included a slot to discuss the city council resolution that had been passed at the council’s June 16, 2014 meeting.

That council resolution had been brought forward by Christopher Taylor (Ward 3) – who serves as an ex officio member of PAC – as well as mayor John Hieftje, Margie Teall (Ward 4) and Sabra Briere (Ward 1). The original version would have directed the city administrator to “work collaboratively with the property owners adjacent to and near Liberty Plaza, the general public, PAC [park advisory commission], the Ann Arbor District Library, and the DDA to develop a conceptual design for an improved Liberty Plaza…”

Christopher Taylor at PAC’s July 15 meeting.

But after nearly an hour of debate, the council voted to refer the resolution to PAC instead of approving it. The vote on referral to PAC came amid deliberation on some amendments to the resolution proposed by Jane Lumm (Ward 2) that would have broadened the scope of the effort to include the Library Lane lot. [.pdf of Lumm's amendments]

Funding for the collaborative work on the redesign, in the amount of $23,577, was specified in the proposed resolution as coming from the parks and recreation budget. In addition to a concept for a “re-imagined Liberty Plaza,” the resolution was supposed to result in options for funding construction, to be provided by city staff. The resolution called for a report to be provided to the park advisory commission by December 2014 and to the city council a month later in January 2015.

This resolution came in the context of a push by some Ann Arbor residents – including members of the Library Green Conservancy – to establish public park space on top of the underground Library Lane parking garage, which is southwest of Liberty Plaza separated from that park by a surface parking lot owned by First Martin Corp.

Related to that, the council voted at its April 7, 2014 meeting – as part of reconsidering a vote it had taken at its previous meeting on March 17 – to designate a 12,000-square-foot portion of the Library Lane surface to be reserved as an urban park. The result of the reconsidered resolution on April 7 undid the council’s earlier decision to establish a square foot range for the urban plaza – from 6,500-12,000 square feet. That April 7 council decision was made on a 7-4 vote, with dissent from Christopher Taylor (Ward 3), mayor John Hieftje, Margie Teall (Ward 4) and Chuck Warpehoski (Ward 5).

Deliberations among councilmembers on June 16, 2014 included questions about why PAC hadn’t been consulted on the resolution on Liberty Plaza. Taylor indicated that it wasn’t necessary to consult PAC, as it’s the council’s prerogative to set policy. The day after the council met, PAC’s regular monthly meeting, on June 17, was canceled.

PAC had previously been directed by the council to develop a set of recommendations regarding downtown parks, which were completed last year. The council accepted PAC’s recommendations at its Nov. 7, 2013 meeting. [.pdf of 21-page PAC downtown parks report]

Liberty Plaza and Library Lane: PAC’s April 15 Meeting

The last time members of PAC had a discussion about Liberty Plaza and the Library Lane site was on April 15, 2014, when they discussed the council resolution that had been passed on April 7. That’s the resolution designating a 12,000-square-foot portion of the Library Lane surface to be reserved as an urban park. [CTN video of PAC's April 15, 2014 meeting – the Library Lane park discussion beings at roughly the 1:42 minute mark]

The surface of the Library Lane parking structure is highlighted in yellow. The city council has designated 12,000 square feet of that lot, on the west side along the South Fifth Avenue, as a future park.

During PAC’s April 15 discussion, which lasted about 30 minutes, councilmember Mike Anglin – who serves as an ex officio member of PAC and who supports a Library Lane public space – told commissioners that the council didn’t give direction to PAC, but he thought that PAC should take initiative. PAC should start coming up with ideas about how a park at Library Lane should be designed, he said – who should be involved, how the meetings should be held, and how the process should be handled. He urged commissioners to watch the council’s April 14 deliberations, saying “that’s about the only way to truly understand what happened … because discussions take strange directions.”

It would be a real task to develop the city’s “first urban park,” he said. “The field, to me, is kind of open,” but there is direction to move forward. “There’s all sorts of … language going around and a lot of words being expressed, but there’s still a lot of room for discussion.” Anglin said he was confident that the community is intelligent enough to figure it out, though it might take a long time.

Another factor is that the council directed the city administrator to hire a broker for the possible sale of development rights on a portion of the Library Lane site.

Anglin told commissioners on April 15 that PAC should take the initiative, but there shouldn’t be a “stacked deck” with a pre-determined outcome. “If we do that, the process will die immediately – it’ll be dead on arrival.” A stacked deck is when the process is conducted “with all your cronies,” he said. Instead, it needs to be inclusive, with people that will likely disagree. He said he knew the library, for example, would come with some strong opinions.

David Santacroce, who was appointed to PAC in November 2013, told Anglin that he’d read the recommendation from PAC about downtown parks, and was confused about what’s expected of PAC now. “It seems like a re-do of the same work,” Santacroce said. “I don’t understand what’s supposed to be different about this public engagement and this downtown study that didn’t happen in the last go-around.” Was the council looking for more specifics about what kind of park should go there?

Colin Smith, the city’s parks and recreation manager, said there’s a tendency to “remember what was said last.” Much of the recent discussion had been on the size of a park at Library Lane, and whether the city administrator should retain a broker, he said. But when PAC’s downtown park subcommittee had solicited feedback in 2013, they got over 1,600 survey responses and provided a lot of information, he noted. Smith thought it would be valuable to remind people about that, and to take another look at the public feedback from those surveys. There’s a lot of information about what residents would like to see in a downtown park. “We’ve got a pulse on that,” Smith said. [.pdf of downtown park survey results]

Anglin said he’s always felt that the major stakeholders are the library, the city, and maybe a developer. Some councilmembers think the developer should take care of and pay for a park. There are also “background people” who are privately saying that they would pay for a park, he said. “The game is not over yet.” So in that context, Anglin added, the community needs to have a discussion about “what do you want your town to be like in the downtown?”

Library Lane is a small two-way street that runs between South Fifth and Division, north of the downtown library – the brick building in the background. The street was built as part of the city-owned underground parking structure.

Anglin indicated that the Ann Arbor District Library might come up with a plan to build a new downtown library, which might include the Library Lane park area. The city made a major investment in that site, he said – maybe more than $56 million. The design of a park might include a couple of fountains, he said, or a band shell, a place to play chess, a rose garden and trees. He said that Argo Cascades “was never in the plan,” but that’s been a success. “If we build something and we’re not pleased with it, it can come out,” he added. The city has land and an opportunity for an urban park next to the library, where more people go than anyplace else in town, he said.

Graydon Krapohl said the question of a vision for the downtown is bigger than PAC’s role. Krapohl agreed that there’s already a lot of good information in the downtown park subcommittee’s report that was provided to council. It’s premature to have PAC develop ideas for a park without knowing what a developer might do or what kind of development might be there, he said. After a developer is involved, then PAC would have a role, he said. But it would be a waste of time and money to work on a design before that.

Krapohl thought that by setting the Library Lane’s park size at 12,000 square feet, it might have eliminated some potential interest in developing the property.

Krapohl also noted that the downtown park subcommittee worked for eight months to develop recommendations, which the full commission approved. He pointed out that Anglin was the only councilmember who didn’t vote to support that report at the council meeting. Anglin hadn’t provided any input or guidance to PAC about how the recommendations should have been shaped, Krapohl said.

Ingrid Ault said she’d been frustrated by the “blatant ignoring” of two key components in those recommendations – the point that funding needs to be identified, and if funding comes from the parks and recreation budget, what’s the impact on other programs? She also thought that council was ignoring placemaking principles that had been identified in the recommendations. “You’re asking us to design some kind of a park in an area that we know, based on best practices, won’t do well,” she said. “For me, that was really quite frustrating.”

Missy Stults agreed with Ault and Krapohl. She suggested returning to the downtown park subcommittee’s survey of residents, and draw out some of the main themes from respondents. But she agreed that PAC’s role right now shouldn’t extend beyond that.

Anglin responded, saying he’s well aware that the city doesn’t protect the citizens’ property “as much as we do the developers’ property.” The Library Lane site is the public’s property, and he wanted that discussion to occur. If it were already a park, then of course PAC would be involved in planning it, he said.

Regarding PAC’s recommendations for downtown parks, Anglin said he objected to the recommendation for development, because the community hadn’t said they wanted development there.

Santacroce then asked whether Anglin wanted additional input on whether there should be any development on the Library Lane site. Anglin indicated that he objected to the assumption that the lot would need to be developed, in order to recoup the city’s investment in the infrastructure there. He said that when the library ultimately builds a new downtown library, “it will be a spectacular work of art, if you will, and a community resource that we can all be proud of – as we are today.”

Anglin said he didn’t have all the answers, but he thought the answers could come from the community. To him, it wasn’t political – he just liked the concept of having a community commons.

Krapohl again said it sounded like a broader discussion that PAC could participate in, but that it wasn’t PAC’s role to lead. That broader question is what do residents want downtown to be. That discussion would in turn provide guidance regarding the Library Lane site. Does the community want part of the site developed so that the city can reap the return of tax revenue for years to come? Or should it be a large park, that will have to be paid for some way?

The broader discussion needs to include businesses, Krapohl said, as well as the DDA, neighborhood associations, PAC, the planning commission, the environmental commission and others.

Santacroce asked whether the council resolution already called for a building on the Library Lane site. If so, then “isn’t this issue out of the barn already?” One of the resolved clauses from the April 7 resolution states:

RESOLVED, That the City will work with the developer of the remaining portion of the Library Lane site to ensure that the designs for both spaces, an urban public park and the adjacent development, complement and support each other’s successful uses;

Anglin replied that developers would have to know what they’re getting, and the council has carved out 12,000 square feet for a park. It might take a long time, he said. Anglin also noted that he and other councilmembers simply want to discuss this issue with the community.

Smith noted that at the April 7 meeting, the council passed a resolution directing the city administrator to hire a broker for possible sale of development rights on the portion of the Library Lane site that’s not designated for a park. He pointed out that a different resolution, which would have stopped this process, was not approved by the council.

Instead of re-inventing the wheel, Smith noted that there was also extensive outreach regarding a vision for downtown as part of the DDA’s Connecting William Street study. There’s a tremendous amount of information in that effort, too, he said. More time needs to be spent evaluating the existing information that’s already available.

Smith noted that some people in the community would rather not see any private development on the Library Lane site. There are others who view this as an opportunity for collaboration and compatibility between the private and public sectors, he said. Smith pointed to results from the downtown park subcommittee survey, in which about 70% of the 1,600 respondents preferred a public/private approach to funding. Those responses shouldn’t be forgotten, he said.

Liberty Plaza and Library Lane: July 15 Public Commentary

At PAC’s July 15 meeting, two people spoke during public commentary to address the issue of a park at the Library Lane site.

Gwen Nystuen, a former park commissioner, said she was there to talk about the Library Lane site. In June, the city council had asked PAC to develop a conceptual design integrating Liberty Plaza and Library Green – or whatever it will be called, she said. The intent was that the two parks should complement each other and become successful urban design parks. It will be challenging, but worth it, Nystuen said. There’s no question that Ann Arbor needs public open space downtown, and it has the ability to make the parks exciting and attractive, she said.

Former PAC member Gwen Nystuen and Ward 5 city councilmember Mike Anglin, who serves as an ex officio member of PAC.

Nystuen showed two drawings by the Library Green Conservancy, illustrating how walkways could be developed. The drawings were taken from a 1991 Luckenbach/Ziegelman report that looked at development of the entire block. [.pdf of Luckenbach/Ziegelman report] Nystuen pointed out that there are park acquisition funds that could be used to buy easements to make these paths possible.

She noted that there are several properties in that block that might be redeveloped, including the downtown library and credit union site. That means it’s important to plan for the pedestrian connections, she said. The downtown citizens advisory council has supported creating pathways to walk through the block from as many directions as possible. PAC’s own recommendations, she noted, state that “Future improvements should also work to create a permanent and highly visible connection between Library Lot and Liberty Plaza.”

Eric Lipson introduced himself as a 35-year resident of Ann Arbor and former city planning commissioner. He’s also a member of the Library Green Conservancy, which has been advocating for a public park atop the Library Lane underground parking structure. And he’s a member of the Rotary Club of Ann Arbor, which is helping to fund a universal access playground at Gallup Park. He’s happy and excited that PAC is looking at ways to design and improve Liberty Plaza. But it makes obvious sense to plan not just for Liberty Plaza, but also for the entire block – bounded by Fifth and Division, and William and Liberty. There are some areas with barriers to pedestrian flow at Liberty Plaza, such as steps, which discourage the plaza’s use by the general public and encourage use “by those seeking to take advantage of the privacy of the sunken cul-de-sacs,” he said.

Will Hathaway of the Library Green Conservancy passes out materials before PAC’s July 15 meeting. In the background is Christopher Taylor, a city councilmember and ex officio member of PAC.

Effective approaches to planning of public open space look at ways to connect activity centers, like the Diag does. The vision of connected public spaces on the Library Lot has been endorsed many times, Lipson noted – by the 1991 Luckenbach/Ziegelman study, the 2005 Calthorpe, the survey done by the Ann Arbor Downtown Development Authority for its Connecting William Street project, and PAC’s own survey of public preferences for downtown parks. Lipson noted that last spring, mayor John Hieftje proposed a clearly defined pedestrian path that would connect Liberty Plaza with public open space on the Library Lot, and then continue on to the former Y lot and the city-owned lot at the corner of Main and William, next to Palio restaurant. “This makes all the sense in the world,” Lipson said.

Liberty Plaza is the logical collection point and gateway from Liberty Street to the library, credit union, bus station, and on to Main Street. Bringing walkways from Division and Liberty up to grade, along with improved lighting and signage, would go a long way to creating a constant pedestrian flow, improve handicapped access and deter illicit behavior, he said. Preserving mature trees will make their shade a welcome place to gather on hot days. A water feature would be wonderful – perhaps using water currently collected and stored under the Library Lane lot.

Connecting Liberty Plaza to the proposed Library Lot plaza will create numerous opportunities for activating both corners of that block and all of the “activity-generators” between and beyond that area. It’s an exciting opportunity for PAC to have a major impact on the vitality of the downtown, Lipson concluded. He hoped commissioners would take full advantage of it.

Liberty Plaza: Commission Discussion

When PAC reached the two Liberty Plaza items on its July 15 agenda – the fee waiver and the city council’s referral of the resolution on Liberty Plaza – chair Ingrid Ault suggested that the conversation should be postponed. She said that key PAC members were absent, who could offer insight: Bob Galardi, Alan Jackson, Graydon Krapohl.

PAC chair Ingrid Ault and Colin Smith, manager of parks and recreation.

Ault noted that Galardi is chair of the Allen Creek Greenway Conservancy board. She pointed out that Krapohl is PAC’s vice chair and had participated in the downtown park subcommittee, though he wasn’t an official subcommittee member. And Jackson had been instrumental in that subcommittee’s work, she said. Ault thought it would be prudent to wait until those members were at the table, before having this discussion.

No one objected.

Ault asked PAC’s city council representatives – Christopher Taylor and Mike Anglin – whether this would be an issue for the council. Both Taylor and Anglin indicated that it would not be a problem to wait.

There was no discussion of the specific meeting at which these issues would be re-introduced. The previous fee waiver for Liberty Plaza expired on July 1, 2014.

By way of additional background, the next scheduled meeting for PAC, on Aug. 19, will fall two weeks after the Aug. 5 primary election. Graydon Krapohl, PAC’s vice chair, is the only candidate running for Ward 4 city council. Christopher Taylor is one of four Democrats running for mayor.

In addition, PAC chair Ingrid Ault is expected to resign her post later this year, as she is moving out of town. Earlier this year she took a job as an educator with the Michigan State University Extension in Calhoun County, Michigan, based in Marshall. She has been commuting there from her residence in Ann Arbor.

Outcome: This was not a voting item.

Fuller Park

A resolution to recommend the possible four-year extension on a University of Michigan lease of three parking lots at Fuller Park appeared on PAC’s July 15 agenda.

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.

Colin Smith, parks and recreation manager, 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 said.

The main purpose of the lots is for the parks, Smith explained. That’s reflected in the hours during which 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.

Fuller Park: Public Commentary

Three people spoke during public commentary about Fuller Park.

From left: Rita Mitchell, Nancy Shiffler and George Gaston.

Nancy Shiffler introduced herself as chair of the Huron Valley Group of the Sierra Club. She was there to talk about Fuller Park and the potential location of a new train station. In looking at the lease agreement, there seems to be an assumption that the train station could go on the south side of Fuller Road, on a portion of Fuller Park. The city is going through an environmental review of potential sites, and the Sierra Club is concerned that the appropriate procedures are followed, she said. In particular, that means taking into account the Dept. of Transportation’s Section 4(F) requirements when one of the proposed sites involves city parkland. There’s a hope that PAC would be looking closely at the criteria that are being used to evaluate sites in that review process, she said.

When it comes to Fuller Park, the assessment should be looking at the impact on the park in its entirety, Shiffler stressed, not simply the portion of the site where a station might be located. If you look at projections of 10 Amtrak runs per day, plus an unknown number of commuter passengers – which could reach up to 500,000 a year – then the traffic impact along the Fuller Road corridor would be increased a lot, she said. It should be very clear what the impact might be on Fuller Pool and the rest of the park, such as the impact on air quality from idling trains and buses. She noted that a station could impact the Border-to-Border trail, which is intended to run through a portion of the park, as well as the entire Huron River valley.

Rita Mitchell said she’d been following the issues related to Fuller Park for a long time – since 2009, when there was proposal to build a large parking structure there. There’s been a parking lot of the site for more than 20 years, “but it was a park beforehand,” she noted, and it was one of the earliest parks in Ann Arbor along the river. It has history that some people haven’t seen, because they’re newcomers to Ann Arbor.

Mitchell said that part of Fuller Park could be returned a recreation area, or a place that could mirror the kinds of things that happen now in Gallup Park, which is often very crowded. As someone who’s a member of Protect Ann Arbor Parks, Mitchell asked PAC to consider the issues of protecting parkland, and to avoid the potential of turning it into a transportation center. If it could happen there, what would stop it from happening in any park?

Mitchell said it was disturbing to see an early termination clause in the lease agreement with UM. She hoped that PAC would study it carefully, possibly put it on the table for a while, and acknowledge that the public has not weighed in on a transportation center at that location. The environmental assessment for a train station is still going on, she noted, so it’s disturbing to see a transportation center referenced in a document that would be signed by the city.

George Gaston noted that he lived by Island Park, one of the oldest parks in the city. He came to speak in defense of Fuller Park, one of the chain of parks along the river assembled by Eli Gallup during his 38-year term as parks superintendent for the city. When Gallup assembled these properties, Gaston said, there were houses, farms, businesses and factories – it was not open, vacant land. There was a conscious effort to open up the riverside for public use, and “we would like to see it maintained for public use,” he said. The surface parking lot at Fuller Park (Lot A) was never intended to be permanent, Gaston said. At the time when the lease was first signed, PAC had considered it a temporary measure to provide parking as part of a swap while the UM Cancer Center was being built. Twenty years later, it’s still there.

If the city is intent on renewing this lease, Gaston said, he asked whether PAC has reviewed the figures involved. There’s another parking lot at Riverside Park that the university leases from the city, and there’s a great disparity between what UM pays there compared to the Fuller Park lot, he said. The city needs to decide whether it should be subsidizing parking for the university or should the city be getting full value from the lease. The university charges its departments as well as individuals for the parking permits, he noted. It’s still parkland, would be nice to be used for the Border-to-Border trail. There isn’t enough parking for the parks now, Gaston concluded.

Fuller Park: Commission Discussion

Colin Smith, manager of parks and recreation, responded to some of the issues raised during public commentary. He said that he and other staff are very concerned about making sure that whatever happens with the train station is done in an open and transparent way. That’s why Eli Cooper, the city’s transportation program manager, and the consultant on this project addressed PAC earlier this year to give an update, Smith said. He and park planner Amy Kuras are involved in that process, to evaluate the potential sites for a station. That work is ongoing, and any recommendations will be brought to PAC for review.

Colin Smith, the city’s parks and recreation manager.

Smith pointed out that the PAC meeting packet had included both a proposed new lease as well as a copy of the 2012 lease agreement. [.pdf of proposed 2014 lease] [.pdf of 2012 lease]

Smith noted that the 2012 lease, which was the same one that had been in place since 2009, had a section on page 3 that was titled “Early Termination/Potential Rail Station and Local Connector.” It specifically addressed the project that was called the Fuller Road Station.

The reality, Smith said, is that this agreement isn’t about the train station. It’s a lease agreement between two parties for the use of a parking lot, while recognizing what’s going on in the community, he added. “It is possible, if the public decides and council decides, that this could become something else. And as such, it seems both kind of a courtesy and a standard business practice to let the people who you’re going into a lease with know that there may be a change,” he said, and to clarify how it would be addressed.

So this is nothing new, Smith concluded. The change between the 2014 lease and the prior lease is the title of that section, which is now titled “Early Termination/Transportation Use.” That section states:

City reserves the right to terminate this Lease for use of all or a portion of the site to facilitate public transportation with 12 months advance written notification to University. Termination under this provision will be automatically effective on the date specified in the notice and City shall have no further obligation to University under this Lease except that if the 12-month notice period occurs so as to cross annual payment periods (i.e. for example: notice period June- May/annual payment period September-August), University shall be entitled to a rebate of that portion of the annual payment applicable to the months after the termination date.

Upon initiating formal planning for construction of a new commuter rail station, relocating the Ann Arbor Amtrak intercity passenger station or developing a local connector service contemplating use of a part, or all, of Lot A, City shall notify University of such planning considerations. Notification shall be in writing and will include information regarding University input in City’s planning process. City will work cooperatively with University while considering enhancing transportation service to this location. The planning process will assure both parties’ interests are included in all considerations. It is recognized that provision of high capacity public mass transportation service to this site is intended to increase access and mobility resulting in a decrease in the need for surface parking by University. Notwithstanding the above, it is understood by the parties that participation by University in the planning process does not negate or otherwise impact City’s right to terminate this Lease for the reason stated.

Karen Levin asked why there needs to be any mention of “transportation use.” Why can’t the lease simply mention the early termination option? “It seems like that’s what there’s a concern about,” she said. Why is there a need to be so specific? Early termination could result from something else, she noted.

Smith replied that the section is included as a recognition of what’s going on in the community, a conversation that’s essentially running parallel with the lease and that includes the same property.

Levin was concerned that the section makes it appear that PAC is indirectly endorsing a train station at that location.

Karen Levin.

David Santacroce said that if he were in the university’s position, he wouldn’t want to sign a lease “where you could willy-nilly cancel it for any reason.” So having a specific reason gives the university some comfort in the negotiation process, he said.

Smith noted that the section prior to that includes standard default/termination language, allowing either party to terminate under certain conditions.

The section titled “Early Termination/Transportation Use” in the 2014 proposed lease is actually somewhat shorter and less specific than the 2012 version, he noted.

Missy Stults told Smith that she picked up from public commentary the sense that the use of Fuller Park land as a parking lot was intended to be temporary. She asked him to talk about that history, and whether there’s been any discussion about reverting it to parkland.

Smith replied that the lot on the south side of Fuller Road, Lot A, has been a parking lot leased to the university for 21 years. The other lots have been leased since 2009. In terms of needs for additional parkland space at that location, “it’s not something I’ve had a strong call for,” he said. It wasn’t clear how all of the space would be used for the Border-to-Border trail, for example. During the summer months in the evenings, most of the parking is used for park activities – including the pool and soccer fields. So “I would certainly be hesitant to remove parking for park use,” Smith said.

Levin again expressed concern about the language in the agreement. She thought the lease made it appear that the train station would be located there, and she hoped there was a way to indicate that it was only a possibility.

Smith noted that the language has been in the lease for about six years, and it hasn’t caused a “great deal of heartache.” But if it would make commissioners feel more comfortable, he said, he could contact the university and see if it’s important that the language remain. If it’s removed, he added, he didn’t think it changed things very much. The environmental assessment for a train station’s potential new location will continue, he noted. The lease “doesn’t have the strength to determine that this is the site for a station. This doesn’t do that at all.”

Christopher Taylor weighed in, saying that “the obligations that the language creates are predicated upon, or rather spring from when the thing occurs.” As a consequence, the agreement has to talk about the thing occurring, he said, in order to describe what happens after it occurs. Taylor said it’s like the heading could be “If A Large Number of Things Fall Into Place Such That A Station Is Proposed And Planned At This Location,” then the following things would happen. He said the lease lists what would need to happen if all those things occur, but “it doesn’t push it, I don’t think.” It doesn’t predispose the city or university to do certain things, Taylor continued, “it’s just a contingency.”

Missy Stults.

Mike Anglin asked whether commissioners would be amenable to stating that the passage of this recommendation in no way supports a decision to move forward with the train station. It would indicate that this isn’t an endorsement of a train station location, he said, but simply addressing the needs that the park system has for this revenue. PAC is not endorsing any railroad station in parkland, he said – “period.” Nor is PAC not endorsing, he noted.

Santacroce said he didn’t read the lease as an endorsement. But at some point, PAC might decide that it does want to endorse a train station at that location. To include language stating that it’s not an endorsement or a refusal to endorse “all feels to me a little bit wrought.” The proposed agreement struck him as just good planning for the future. He understood the concerns, but thought that the debate over the train station “is a whole different subject, and this doesn’t speak to it at all – other than giving the city an option, at some point.”

Anglin pointed out that the lease requires council approval. He urged that some caveat be included, in order to secure that approval.

Stults clarified with Smith that the city attorney’s office had already reviewed the lease. She wondered if adding the word “if” would provide some assurance, inserted into this sentence: “If upon initiating formal planning for construction of a new commuter rail station …” She asked the two attorneys who serve on PAC – Santacroce and Taylor – what they thought.

Santacroce indicated that it was awkward, because “clearly some legal minds already thought about the construction of this,” and he was hesitant to change it.

Taylor said he already read the language as constituting a “condition precedent upon initiating formal planning when that thing occurs.” He added: “That thing is not going to occur without a large, full, transparent conversation – if ever.” If he were drafting the lease, he would have no problem inserting “if” into the agreement. However, “I don’t know that it’s our role to wordsmith it,” he added.

Taylor indicated that if PAC passed the recommendation, it would be important for him and Anglin to communicate to the council that the recommendation “is entirely silent as to whether or not a station at this location is wise or foolish.”

Smith pointed out that the “if” is implied in the first paragraph of that section: “City reserves the right to terminate this Lease for use of all or a portion of the site to facilitate public transportation with 12 months advance written notification to University.” He also described the kind of input that he and Kuras were providing for the environmental assessment, noting that they’ll continue to be involved in that effort.

David Santacroce.

Santacroce noted that PAC is being asked to do is to recommend that the city sign the lease. Ultimately, the council will decide. And as long as it’s communicated clearly that PAC isn’t taking a position on the use of the park for a train station, he was comfortable with this resolution.

Anglin then pointed out that all parkland is considered public land, and “subject to transportation use.”

Levin again suggested adding something to the resolution to address the concern that had been raised during public commentary. Smith said he understood her position, but he wondered whether it would be “cleaner” for councilmembers to simply share PAC’s conversation about this issue with the rest of council – rather than adding a resolved clause that doesn’t have anything to do with the business at hand. He noted that it wouldn’t be an issue if the current agreement didn’t expire until next year. The expiration just happened to coincide with the environmental assessment for a train station location.

Stults wondered if PAC ever communicated to council by attaching a memo or cover letter with its resolution. Smith replied: “You may do whatever you want when it comes to communicating with council.” He thought council would welcome feedback on this, with the resolution or additional communication.

Santacroce suggested adding a resolved clause: “Whereas by this resolution, PAC takes no position on any potential use of this land at this time.” This is about appearances, he said, and although he doesn’t read it that way, some people could interpret the termination language as a threat. He’s hesitant to change the lease itself, because of the logistics involved – it would have to go back to the city attorney’s office and the UM general counsel’s office. “They’ll be spending money, we’ll be spending money – it just seems like a waste of effort that could go elsewhere.”

Anglin characterized it as a controversial issue. If he were drafting the lease, he’d strike all language out of the agreement that mentioned the possible transportation or any future use. There’s been a community conversation and it’s down to two sites, he said, “so it’s getting near decision time.” He didn’t think PAC’s job was to reflect “on what is going on out there. It’s not affecting this lease in any shape or form – unless there’s some legal things going on” regarding land use or other constraints. He thought the dialogue would still be going on for at least two more years.

Anglin said the city had a lot of other parking agreements with UM, and those don’t mention anything like this. “Rather than confuse it and muddy some waters in pro or con, it’s best to just pull back and say we’re just leasing it,” he said. It was just a suggestion, he added, but he thought there would be some councilmembers who’d share that opinion.

Smith replied that you could see it both ways. One could argue that it’s more transparent to mention the possible transportation use as part of the lease agreement, he said, compared to leaving it out. “It’s obviously perceived otherwise by some, too,” he added.

Santacroce thought it made simple business sense to leave the section in the lease, even if the possibility of putting a transportation center there is remote. He didn’t want to get involved in a discussion about whether it should be located there, but it would be foolhardy for the city not to include that option.

Taylor then proposed adding a whereas clause to the resolution: “Whereas this resolution does not commit PAC to support or reject the use of Lot A as a rail station.”

Other commissioners indicated support for adding that clause to their resolution.

As the discussion wrapped up, Smith also responded to another concern raised during public commentary – about the amount being charged for the Fuller Park lots, compared to parking at Riverside Park. At Riverside, a handful of spaces are leased to the university off of Canal Street. Those spots do bring in more per spot, he noted. The university rents those spots as “Blue” parking permits. The spots at Fuller Park are “Yellow” permits. The university issues those Yellow permits for $153 per year. There are roughly 450 spots at Fuller, but the university doesn’t have access to those lots at all times, he noted. [.pdf of UM parking permit fees]

Outcome: PAC unanimously recommended approval of the lease renewal. The recommendation will be forwarded to the city council for consideration.

Mack Pool

Gayle Hurn, recreation supervisor for Mack and Fuller pools, made a presentation to PAC about the past season at Mack indoor pool, and a look ahead at things to come. [.pdf of Hurn's presentation]

Gayle Hurn, recreation supervisor for Mack and Fuller pools.

By way of background, in April 2009 former city administrator Roger Fraser had proposed either closing Mack Pool or turning it over to the Ann Arbor Public Schools, as a way to help balance the city’s budget in the face of declining revenues. Supporters of the pool mobilized to come up with ideas for cutting expenses and increasing pool revenues. Ultimately, the city council voted for a budget that included keeping the pool. For additional background, see Chronicle coverage: “Task Force Floats Ways to Save Mack Pool“; “More Options for Ann Arbor’s Mack Pool“; and “Ann Arbor Budget: Formal Commencement.”

At PAC’s July 15 meeting, Hurn began by describing the features of the pool, which is located inside the AAPS school Ann Arbor Open. The pool is shared, and used by the school in the morning and by the public in the very early mornings, afternoons, evenings and weekends.

It’s the city’s only indoor pool – a six-lane, 25 yard pool with an attached 30-foot by 45-foot toddler area. It employs 15-18 seasonal workers. Last season, there were over 67,000 visits to the pool.

In the 2013-2014 fiscal year, the pool was budgeted for revenue of $119,000 but brought in more than that – $159,000. That was due to new programming and different ways of using the pool space and time, Hurn said. The new program also resulted in higher-than-budgeted expenses, she noted – about $29,000 over budget. Now that the new programs have been started, the intent is to help those grow to increase the revenue while keeping expenses stable.

The staff is trying to create as many new opportunities for using the pool as possible, Hurn explained. Having more people exposed to swimming means the community is healthier, and that there’s support for keeping Mack Pool open.

Programs include:

• Group swim lessons, with 299 participants in 2013-14 compared to 246 the previous year. The staff is looking at offering more classes at different skill levels.
• Private, one-on-one swim lessons, with 237 participants in 2013-14 compared to 110 a year ago.
• Masters swim sessions, with 384 registered pass holders and 383 drop-in swimmers. The previous year, there were 283 pass holders.
• A youth swim team – the Mack Manta Rays – was a new addition in the 2013-14 season, and was very successful, Hurn said. There were 183 registered swimmers over two sessions. They compete against teams in Chelsea, Dexter, Ypsilanti and other municipalities.
• Water aerobics had 63 participants, and is another program that the staff hopes to grow.
• Log rolling was new in the 2013-14 season, and was a huge hit, Hurn said. An initial demonstration by representatives of Keylog Rolling resulted in Hurn buying one of the logs and using it for special events, for workshops and private parties. Hurn hopes to someday form a competitive team.

In addition to these programs, Mack Pool also offers special events, including monthly “Splash Days” and four “Dive-In” movie nights, when families can bring their flotation devices to watch a children’s film. The most popular one was “Frozen,” Hurn said. It’s something that’s being carried over to the city’s outdoor pools as well.

Hurn also described training that’s provided to pool staff, including re-certification courses for CPR and lifeguarding. They also offer Red Cross lifeguard certification courses to the public now, too.

Regarding maintenance, Hurn reported that a large roof repair project is being completed this summer. A new pool cover was purchased to help reducing heating costs. That made a big difference, she said, especially coupled with thermal curtains that were hung during the winter. The pool pump was also rebuilt.

Looking ahead, Hurn described efforts to grow the use of Mack Pool, including more evening group swim lessons, more private lessons, and a wider variety of party packages

Mack Pool: Commission Discussion

Paige Morrison asked about the expansion of private parties, and wondered how many hours per week the pool would be available for that.

PAC member Paige Morrison.

Gayle Hurn said that most people are looking to book parties on the weekends. The pool closes to the public at 6 p.m., so a private dive-in movie party could be scheduled after that. She noted that private birthday parties are also booked during the pool’s general swim time on Saturdays, and use only a portion of the pool.

Ingrid Ault thanked Hurn for her work and enthusiasm, and pledged to learn how to log roll.

Colin Smith, the city’s parks and recreation manager, praised Hurn for her work. It’s her first year in that position, and has brought energy and enthusiasm as reflected in new programming. Smith also complimented deputy parks & recreation manager Jeff Straw, who supervises Hurn. Smith noted that Straw gives the staff latitude to try new ideas, even ones that seem a little “out there.”

Manager’s Report

Colin Smith, the city’s parks and recreation manager, provided several updates. He noted that the city’s fiscal year ended on June 30, 2014. Typically a detailed year-end financial report would be provided at the July meeting, but Bob Galardi – chair of PAC’s budget and finance committee – couldn’t attend the July 15 meeting.

As a quick preview, Smith said, the parks and recreation unit exceeded its revenue budget for the year. The budget had called for $3.729 million in revenues, but actual revenues were about $3.81 million for the year. Revenues were up for the canoe liveries and Mack Pool.

The expenditure budget was $5.273 million, and actual expenditures were slightly lower – $5.186 million. He noted that more bills for the year will be arriving, so the final amount for expenditures could be higher. A more detailed update will be presented to PAC at its August meeting.

Smith also reported that the first meeting had been held for a subcommittee to discuss smoking in the parks. He thought the group would have something to report to PAC in August.

Responding to a query from Ingrid Ault, Smith said that on the weekends, University of Michigan is allowing the city to use its surface parking near the Kellogg Eye Center, near Argo Pond. There’ve been 80-100 cars parked there each weekend day. A shuttle comes by to take people to the canoe livery, or it’s within walking distance, he said. The arrangement has reduced complaints about parking in the neighborhood near Argo Pond. UM is not charging the city for the parking use, he said.

Present: Ingrid Ault, Karen Levin, Paige Morrison, David Santacroce, Missy Stults, and councilmembers Mike Anglin and Christopher Taylor (ex-officio members). Also Colin Smith, city parks and recreation manager.

Absent: Bob Galardi, Alan Jackson, Graydon Krapohl.

Next PAC meeting: Tuesday, Aug. 19, 2014 at 4 p.m. in the city hall second-floor council chambers, 301 E. Huron St., Ann Arbor. [Check Chronicle event listing to confirm date]

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From left: AAATA strategic planner Michael Benham, Ed Vielmetti (background) and CEO Michael Ford, talked after the meeting.

The board barely achieved a quorum – with six of 10 board members attending. Anya Dale presided over the meeting in the absence of board chair Charles Griffith.

The board received some updates on the preparations for implementing that expanded service plan. And three of the board’s July 24 voting items were related at least indirectly to the additional services: a plan for acquiring 20 new buses; adjustments to the current fiscal year’s operating budget; and a tweak to the AAATA’s mission statement.

The mission statement was modified to highlight “accessible” as the kind of transit services that the AAATA aspires to provide. The change to the mission statement also reflected the addition last year of the word “area” to the name of the organization. That name change came as the result of adding the city of Ypsilanti as well as Ypsilanti Township as members of the authority. Previously, the city of Ann Arbor had been the sole member. The additional services will be paid for with a millage levied on property owners from all the member jurisdictions.

The fiscal 2014 budget ends Sept. 30. Revenues were adjusted to reflect the millage revenue. Of the additional $4,543,695 in local millage revenues, $3,850,000 is being put toward next year’s FY 2015 budget. Adjustments to this year’s budget include changes to reflect the hiring and training of 11 new bus drivers, bringing the total to 138 drivers. An operations supervisor, two new vehicle mechanics, an additional service crew member, and a human resources administrative assistant will also be added.

The additional 20 buses the AAATA is acquiring for the service expansion are spread over the next three years, with two to be acquired this year, 11 in FY 2015 and 7 in FY 2016. The buses for FY 2015 and 2016 will be paid for with the additional local millage funds, while the buses this year will tap a federal grant with matching state funds. A public hearing was held on the federal grant application that will include those two buses.

Potential future expansion of services – in addition to those to be implemented starting Aug. 24 – was also reflected in a voting item on the board’s July 24 agenda. The board approved an increase in the contract with SmithGroupJJR from $105,200 to $800,000 – to continue study of north-south commuter rail options between Howell and Ann Arbor. An earlier phase of the study for the WALLY (Washtenaw and Livingston Railway) project identified a segment of the Ann Arbor Railroad right-of-way, between Liberty and Washington streets, as a preferred location for a downtown Ann Arbor station. A portion of the work is being paid for with a $640,000 federal Transportation, Community and System Preservation (TCSP) program grant.

The final voting item on the board’s agenda was a $234,360 contract with GZA GeoEnvironmental to perform environmental cleanup work at the AAATA headquarters building at 2700 S. Industrial Highway. The cleanup, which involves contamination from a gasoline leak that was identified in 2010, is covered by insurance.

At its July 24 meeting, the board also heard its usual range of updates, reports and public commentary, much of which highlighted the idea of accessibility.

AAATA Mission Statement

The board considered an update to the organization’s mission statement – to reflect the new name of the organization and a few other concerns. The proposed modified mission statement, which reflected board discussion at its June 10 retreat, read as follows [added words in bold, deleted words in strike-through]

It is the Mission of the Ann Arbor Area Transportation Authority to provide accessible useful, reliable, safe, environmentally responsible, and cost-effective public transportation options for the benefit of the Greater Ann Arbor Area Community.

The mission statement had been last affirmed over five years ago at the AAATA’s Feb. 18, 2009 board meeting.

The word “useful” was critiqued by some board members at the June retreat as too modest an attribute, and they argued for “valuable” instead. Ultimately, the consensus was that this positive, goal-oriented attribute could be incorporated through adding the word “benefit.”

Inserting the word “accessible” was championed at the retreat by board member Jack Bernard. He works in the office of the University of Michigan’s general counsel and serves on the university’s council for disability concerns.

The insertion of the word “area” in the mission statement reflects the geographic expansion of the AAATA’s jurisdiction in 2013 to include the city of Ypsilanti and Ypsilanti Township – as well as the formal change of the authority’s name to include “area.” [.pdf of memo on AAATA mission statement]

Mission Statement: Public Commentary

Thomas Partridge addressed the board’s mission statement. He said it needed to be expanded – to serve the needs of the most vulnerable riders. The operating budget needs to have additional funding to greater serve the most vulnerable riders in terms of disabled persons and senior citizens in particular, he said. And the board needs to answer how, with the passage of the millage, service will be targeted to the disabled people and seniors. Partridge did not see those priorities in the existing materials and the existing applications to the FTA for formula funding. He also questioned whether existing funding could be used to continue planning for a true countywide transportation system. Such a system is certainly needed to serve those areas of the county that do not have existing bus service, senior ride service, or paratransit handicap ride service, he said.

Mission Statement: Board Discussion

Roger Kerson reported out for the performance monitoring and external relations (PMER) committee. He noted that the revised mission statement was on the board’s agenda. He pointed out that there had been some debate about the use of the word “useful.” He urged the board to take a careful read of the proposed new language, saying that the issue should not be re-debated at every meeting – the board should adopt a mission statement that it really likes.

During question time, Jack Bernard talked about the image of the “service star” in some of the marketing materials and how it matches up with the mission statement. He asked that the board continue to think about how that star is going to look after the mission statement is adjusted. He put a plug in for “accessibility” to be added into that graphic.

When the board came to the item on its agenda, Kerson was asked to read aloud the new mission statement, which he did. Larry Krieg said he rather lamented the demise of the word “useful” but was willing to live with a mission statement as it stands. He felt it would require too much revision of planned materials to change it now. In some ways, usefulness is so fundamental to the mission of any transit organization that it almost goes without saying. So Krieg could live without saying it, as long as the AAATA remembers that it needs to be useful to the community – that is why it’s there.

Jack Bernard thanked his board colleagues for including the word “accessible.” He also appreciated the fact that the word had not been relegated to the end. So often, accessibility is relegated to an afterthought at the end of the statement. Putting it at the beginning heralds that all the programs, services and buses are to be accessible to all – people who have disabilities, older passengers, kids, people with resources and people who don’t have a great deal of resources. It’s the entire community that they are trying to serve. So he commended the board for stepping up to this and including the word “accessible.”

Outcome: The board voted unanimously to adopt the new mission statement.

Mission Statement: Accessibility

During his report to the board, CEO Michael Ford noted that during public commentary at the planning and development committee meeting, there had been a request for additional information at bus stops to aid passengers. The AAATA is considering redesigning its bus stops and changing the size of the signs to provide more information on each side of each sign, he said.

During question time, Jack Bernard thanked Ford for talking about the expansion of information at the bus stops. He felt it was a very important thing. But as the organization thinks about doing that, he wanted to encourage people to be aware of a general trend across organizations: When more information is provided, the font tends to be shrunk. He encouraged the AAATA, as it thinks about the real estate of the sign, to understand that there’s a cost associated with shrinking everything down – because it ends up not having a great deal of utility.

Bernard asked that a QR code be included, as more information is added on bus stops signs. That would enable somebody to get that information and then enlarge it or get expanded information using a mobile device. Those QR codes are a very efficient way to drive people to information that they want, which can not be included on the sign. He allowed that not all riders have a smartphone, so essential information still needs to be included on the physical sign. Increasingly, however, riders are connected with mobile devices.

Ford responded to Bernard by saying that staff just had a meeting about QR codes and signage, and they discussed issues of color contrast, placement and height. So Ford welcomed Bernard’s comments.

During public commentary time at the conclusion of the meeting, Ed Vielmetti responded to Bernard’s suggestion about QR codes. A local example of where that’s being done is the University of Michigan’s transit system, he said. There are QR codes on a number of the university’s bus stop signs. You put your phone up to it, it beeps, and it gives you a link to information that is specific to that individual stop – so it is not general information about the system, or general information about the line that you’re on, but rather it’s information relevant to your exact location. That is immensely helpful, Vielmetti said, especially if you are in an unfamiliar spot wondering where the bus goes, or when the bus coming, or if it is even running right now. It’s not a trivial exercise to assemble real-time, pinpoint information for thousands of stops, he ventured, but he called it a worthwhile goal.

Also during public commentary at the end of the meeting, Thomas Partridge told the board that he had attended the AAATA’s meetings numerous times over more than a decade, pleading for greater assistance for the most vulnerable riders – including handicapped riders and senior citizens. He questioned whether the board and administration of the AAATA comprehended and absorbed the full range of difficulties that disabled people and senior riders have in using the system.

Earlier in the meeting, during his report from the performance monitoring and external relations committee, Roger Kerson noted that a new web developer has been hired on staff: Preston Stewart. Kerson felt it was a good transition to bring the web project in-house so that the AAATA is not at the mercy of a contractor. If you think about the core functions of the agency, Kerson said, the ability to communicate regularly with its customers in an efficient and up-to-date manner is not an add-on – that is a core function. He called Preston’s previous experience very impressive.

Bernard said he was thrilled to hear that a new web developer had been hired. It remains continually important for the website to be accessible. He said that strides have been made, but the website was not yet completely accessible. He hoped that the web developer would be provided any support that he needed to make the AAATA website as accessible as it can be. Bernard asked if the new web developer had any experience in accessible websites. Ford was not sure, but said the AAATA was focused on that issue.

New Buses

The board considered a change to its capital and categorical grant program – in order to acquire new buses needed to implement expanded services. The services will be funded by the new millage that voters approved earlier this year on May 6, 2014. The expanded services are scheduled to begin on Aug 24.

The plan is add a total of 20 new buses over the next three years to the AAATA’s existing fleet of 80 buses. Total cost for the vehicles is $9 million.

The initial service expansion will not require many additional buses – as expanded services focus on extended hours of operation. But over the five-year service expansion, new route configurations and higher frequency services will require the additional vehicles. By year, here’s how the bus acquisition breaks down:

• 2014: 2 buses for service expansion. Federal grant and state matching funds ($1,016,250). [Tentative: clean diesel.]
• 2015: 11 buses for service expansion. Local funds from new millage ($4,903,300). [Tentative: clean diesel.]
• 2016: 7 buses for service expansion. Local funds from new millage ($3,187,100). [Tentative: clean diesel.]

A tentative decision appears to have been made to specify the drive train on the new buses as conventional clean diesel, as opposed to the hybrid electric technology used by 52 of the current 80-bus fleet. However, no final decision has been made on the technology choice. The incremental cost per bus for the hybrid technology is nearly $200,000.

Minutes from the board’s July 8, 2014 planning and development committee show that AAATA maintenance manager Terry Black has indicated a final decision on the type of power unit for the buses needs to be made by November or December of 2014 – and certainly no later than February of 2015. The battery packs for many of the existing hybrid buses are reaching the end of their projected life, and the AAATA is also weighing the hybrid-versus-conventional diesel decision for replacement of those buses.

Among the issues to be weighed for the hybrid-versus-conventional diesel decision are fuel savings and noise reduction associated with hybrids. At the AAATA’s June 10 meeting, Black reported that for the newer clean diesel models, there is not a significant difference in the fuel economy. Some of the AAATA’s existing hybrid buses have had some transmission problems, which have resulted in a cost of $50,000 per bus. Even though that cost has been covered under warranty, the manufacturer is looking toward reducing the warranty coverage.

The board’s planning and development committee is supposed to receive a report on the hybrid-versus-diesel issue at its August meeting.

Outcome: When the board reached the voting item on its agenda, there was no additional discussion. The board unanimously approved the amendment to the capital and categorical grant program.

New Buses: Federal Grant Application

While most of the new buses needed for the expansion of service will be purchased with new millage funds, at least two buses will be purchased with federal grant money. A public hearing was held on the federal grant applications, which essentially mirrored the capital and categorical grant program already approved by the board last year, with the exception of some “livability” funds that the AAATA had been awarded a few months ago.

Chris White, AAATA manager of service development, explained that the public hearing was about the FY 2014 program of projects. The program of projects and the public hearing notice had been published in the Ann Arbor News twice. And it had been posted on the AAATA website for the last 30 days. No written comments had been received either by mail or by email at that point, White said. He then reviewed the entire program.

The projects in this program come directly from the capital and categorical grant program that was adopted by the board in December 2013 – with one exception, White said. When the AAATA was developing the capital and categorical grant program, a process was used that was open to the public. That included three meetings of the planning and development committee, and the board meeting at which the program was actually adopted. Any additional comments received that night would be included in the record for the Federal Transit Administration to review, White said.

White explained that the amounts in the program – Section 5307 ($6,457,306), and Section 5339 ($752,049) funds – are formula funds that are allocated to the Ann Arbor urbanized area. The southeast Michigan Regional Transit Authority (RTA) is now the designated recipient for those funds, but the RTA has given the AAATA the authority to program that money and to make applications directly to the Federal Transit Administration for those funds. Livability Section 5309 ($813,000) funds are discretionary, White said.

There was also an amount for 5307 carryover ($622,969), White said. Those are funds from last year that the AAATA did not program. The funds are available to the AAATA for the two years following their appropriation. So the AAATA always uses up the money, but not always in the year that the funds are appropriated.

The total program is for the use of a total of $7,521,000 in federal funds. The total amount available is $8,645,324, so about $1.1 million will be carried over into FY 2015, White said.

White then reviewed the items in the program – nine small “expansion buses.” These are buses that AAATA will purchase that the paratransit contractor now provides for A-Ride service, White explained. So these buses are not to expand A-Ride service, so much as for the AAATA to provide that service directly, he clarified.

The second item on the list of projects is three large buses for expanded service. Those buses will use the federal Livability Section funds – the discretionary funds that the AAATA received. The AAATA had been informed that it had received approval for funds during the year – just a couple of months ago. And they were not included in the capital and categorical grant program, because the AAATA didn’t think it had the funds for the buses at that time.

White noted that this item was labeled as “up to three large buses.” He explained the $813,000 was actually not enough for three full buses – it’s enough for two buses and a fraction of a bus. The AAATA must record “up to three” in order to spend the entire amount, White said. Those are buses for the AAATA’s expansion for the five-year transit improvement program. The millage funds that were approved by the voters were programmed to buy expansion buses. Most of those buses will still be purchased from the local funds, White said. The livability funds would help the AAATA purchase two and a fraction of those buses.

All the other items on the program of projects are being paid for with the Section 5307 formula funds – computer-aided reservations dispatch for A-Ride, computer hardware and software, bus components (for hybrid buses), bus stop improvements (a Super Stop on Washtenaw Avenue), capital costs of subcontracted service, preventive maintenance and operating assistance.

New Buses: Federal Grant Application – Public Hearing

Jim Mogensen told the board that he thought it would be helpful in the future to have an issue paper that explains how the formula funds work. Is it because of the amount of service that we have? It seems that what is happening, Mogensen said, is you find out how much the funds are and then you figure out how to allocate the money in these various categories. But for someone who doesn’t have that information, it’s a little unclear how that would work. The other thing that would be helpful to know is what happens if for some reason federal money doesn’t come through. How would that impact how the funds are sorted out?

Tom Partridge questioned whether the existing formulas are sufficient to serve the most vulnerable paratransit riders. He said he heard no significant amounts being dedicated to extending and expanding the service that is available to handicapped riders or senior riders and other people who are disadvantaged in the community. He called on the AAATA to take steps before sending this on to the federal government. He called on the Federal Transit Administration to give priority for expansion of transit services for senior and handicapped riders.

FY 2014 Budget Adjustments

The AAATA fiscal year runs from Oct. 1 through Sept 30. At its July 24 meeting, the board considered an amendment to the budget for FY 2014 fiscal year to increase total expenses by $41,597 – from $34,073,795 to $34,115,392.

The proposed change also reflects adjustments to incorporate proceeds from the new millage, approved by voters on May 6, 2014. Of that additional $4,543,695 in local millage revenues, $3,850,000 is being put toward next year’s FY 2015 budget. Although that net amount of the expense adjustment is small, the infusion of new millage funds was offset by several hundred thousand dollars that were not spent this fiscal year for north-south commuter rail study.

It’s not uncommon for public bodies to make adjustments to the budget toward the end of the fiscal year.

The AAATA’s proposed amended budget reflected a number of changes related to the new millage and the service expansion that it will pay for. Among those changes are the hiring and training of 11 new bus drivers, bringing the total to 138 drivers. An operations supervisor, two new vehicle mechanics, an additional service crew member, and a human resources administrative assistant will also be added. [.pdf of detail on FY 2014 budget amendment]

The fares collected under the AAATA’s agreement with the University of Michigan are under budget for the year, because the proportion of the $1-per-ride fare booked as cash has decreased. A federal grant – which is recorded as federal operating assistance – has increased.

In the report to the board treasurer, AAATA controller Phil Webb reported an $81,254 surplus. But the report also noted an unrestricted net asset reserve amount of 2.64 months. The board’s reserve policy is to maintain at least the equivalent of a 3-month operating reserve.

FY 2014 Budget Adjustment: Public Commentary

Jim Mogensen addressed the board during the board’s first opportunity for public commentary at the start of the meeting. He said he’d always been very impressed with how detailed the information is about the operating budget. The AAATA presented both the standard operating budget and the extended notes. Because people are trying to understand how this all works, he suggested that materials also include a discussion of how the money is flowing in. For example, in the category of “special fares” – which related to the University of Michigan and the Ann Arbor Downtown Development Authority, Washtenaw Community College and Eastern Michigan University – it would be helpful to have that broken out so that people could see how the total number is determined. He suggested that the board figure out a way to include that kind of information in the extended notes on the budget.

FY 2104 Budget Adjustment: Board Discussion

Reporting out from the performance monitoring and external relations committee, Roger Kerson noted that the proposed budget revision includes the new millage funds and the expansion of service. The total amount of the adjustment is small because the AAATA spent less in a different area – namely, the north-south rail study. There were a few hundred thousand dollars not spent on that project in this fiscal year. So even though there is more than $42,000 going to new activities, the net effect is the increase that is included in the budget. The committee had discussed with staff the fact that the board wants to track as carefully as the AAATA can exactly how the new millage funds are used for the new service – so that the AAATA can report to voters on that in an ongoing way, he said.

The committee had reviewed financial reports. Budget-wise, the organization is under budget on both revenues and expenses, so that matches up fairly well, Kerson said. The news on performance reports is that over the year, ridership is down overall as a result of the severe winter weather. People stay home and work at home or make other arrangements so that they don’t have to travel, and that impacts the quantity of service that gets delivered, he said.

AAATA board member Eli Cooper.

When the board came to the voting item on its agenda, Eli Cooper stressed that the amendment of the budget is a positive aspect of the effort, which is a culmination of the efforts that led to the successful millage. The budget amendment is needed, to incorporate resources to sustain the new services that are being offered. The AAATA needs to be able to account for the resources that have been bestowed on the organization, and they need to be vigilant to ensure that the pledges made with respect to the five-year service plan are kept. Those pledges should be kept in a way that is consistent with the mission statement – in a cost-effective manner.

The budget is a planning instrument expressing the AAATA’s plan as it moves forward, Cooper said. It’s not merely an item where the board says: Yep, the numbers all add up and we’re going to approve that. So Cooper asked that the board take a moment to reflect on the value and the meaning of the budget – as a device that reflects all the hard work and that prepares a platform for the services to be delivered in a manner that is fiscally responsible. That’s one of the challenges the AAATA as an authority does well with, Cooper said, and it needs to continue to do well with that. So Cooper was pleased to speak in support of this amendment to the operating budget – because of the work done in the last six months, the last year, and even before that.

Outcome: The board unanimously approved the budget adjustments.

North-South Rail Study (WALLY)

The board considered an $800,000 contract with SmithGroupJJR for additional study of north-south commuter rail project. [.pdf memo for July 24, 2014 WALLY resolution]

Planning and work for north-south commuter rail between Ann Arbor and Howell in Livingston County has been going on for several years in a project that has been called WALLY (Washtenaw and Livingston Railway). The AAATA appears to be transitioning to a project label that incorporates “N-S Rail” as part of the description.

About two years ago, at its Aug. 16, 2012 meeting, the AAATA board approved the award of a $105,200 contract to SmithGroupJJR for “station location and design services” in connection with the WALLY project. The board’s authorization at that time included an option to increase the contract scope at a later date. That’s what the board’s July 24 item was proposed to do – increasing the total amount of the contract from $105,200 to $800,000.

Of that $800,000, a significant portion will be covered with a federal grant received by the AAATA in 2012 under the federal Transportation, Community and System Preservation (TCSP) program. The federal grant award of $640,000 requires a $160,000 local match, which will be made by the Howell Downtown Development Authority, the Ann Arbor DDA and Washtenaw County – equaling a total of $143,000, with the remaining $17,000 to come from the AAATA.

The initial $105,200 contract with SmithGroupJJR was focused on a station location study and is now largely complete. The conclusion of that station location study was to identify a segment of the Ann Arbor Railroad right-of-way, between Liberty and Washington streets, as a preferred location for a downtown station.

The scope of the additional work under the contract considered by the AAATA board on July 24, 2014 will:

• Thoroughly examine alternatives/supplements to N-S Rail service such as express bus, bus-on-shoulder and HOV (high-occupancy vehicle) options.
• Complete the evaluation of boarding areas (stations) in terms of locations, costs and required features.
• Estimate operating and capital costs at a much finer level of detail, taking into account new service concepts, rail right-of-way work, ownership changes, and railcar acquisition that has taken place since 2008.
• Undertake a more rigorous approach to demand estimates in full compliance with FTA New Starts / Small Starts requirements.
• Incorporate “green” concepts and operating principles.
• Be accompanied by a robust public involvement effort aimed at informing stakeholders and testing public support for the service, governance and funding elements of the plan as they evolve.

The timeframe for the second phase of the study is about 18 months.

North-South Rail Study (WALLY): Board Discussion

In his report out from the planning and development committee, Larry Krieg noted that there was a federal grant of $640,000 to undertake the study. He noted that the city study would include not just the possibility of a rail corridor, but also the use of express buses, and high-occupancy vehicle (HOV) lanes on US-23. The study would take about 18 months, he said, and the federal portion covers 80% of the cost. Several organizations – including Washtenaw County, the city of Ann Arbor, the Howell Downtown Development Authority – had contributed to the local match for that. Krieg concluded that the study had received a lot of support from around the region.

In his report out from the performance monitoring and external relations committee, Roger Kerson also commented on the north-south rail feasibility study. He felt that including express buses in the scope of the study is a very good idea – so that the AAATA would have a good sense of what the cost and time alternatives are.

Kerson said he was personally a big fan of trains and noted that the reason the board had a quorum for the meeting was because of the efficiency of DC Metro – which had gotten him from his meeting in Washington, D.C., that morning to Union Station, and then to another train to get to his plane. But that system had cost taxpayers billions and billions of dollars. And WALLY would cost millions and millions. “We can have a bus for thousands of thousands of dollars,” Kerson said, and probably have it in a matter of months, instead of years.

The AAATA had hit a home run with its service between downtown Ann Arbor and Detroit Metro Airport, he said, so the AAATA now knows how to provide that kind of service. AirRide is receiving very high marks for convenience and rider experience. So that’s in the AAATA’s inventory now of services it can deploy. Kerson wanted to see side-by-side from the feasibility report what it will take moneywise and timewise. He also wanted the study to find out people’s opinion about the different kinds of service. He felt that if people are exposed to that type of express bus service, they would really really like it, and it could be done in a cost-effective manner.

Outcome: When the board came to this item on the agenda, there was no additional discussion. The board voted unanimously to approve it.

Environmental Cleanup Work

The board considered a $234,360 contract with GZA GeoEnvironmental for environmental remediation work at the 2700 S. Industrial Highway headquarters of the Ann Arbor Area Transportation Authority.

The need for the work dates back four years to 2010, when an in-ground gasoline leak was discovered during an upgrade to the fuel tank monitoring system.

The $25,000 insurance deductible through Chartis, the AAATA’s insurance company, has already been paid through previous work associated with this contamination. The current work – up to the $234,360 amount of the contract – will be reimbursed by Chartis for the total project price.

The work includes the following:

1. Installation of new monitoring wells.
2. Perform baseline groundwater sampling.
3. Chemical analysis of groundwater samples.
4. Anaerobic biodegradation bench scale study.
5. Soil and dewatering excavation.
6. Collection of excavation verification of soil remediation sampling.
7. Introduction of selected bioremediation enhancement materials.
8. Backfill restoration and concrete replacement.
9. Groundwater sampling (will occur a year after remediation activities has been completed).
10. Completed summary report that will be filed with MDEQ for satisfactory closure of incident.

Environmental Cleanup Work: Board Discussion

During his report out from the performance monitoring and external relations committee, Roger Kerson noted there are procedures and equipment in place to prevent that kind of leak from happening again.

AAATA controller Phil Webb

Larry Krieg asked for clarification of the word “gas” in the report. Was it natural gas, diesel fuel, or gasoline? AAATA maintenance manager Terry Black explained that it was gasoline. There had been a connection on a tank that had probably been seeping for several years, he said. And it had previously been undetected.

Eric Mahler asked about the contingency costs. If the additional work is not necessary, he wondered if the money would be returned to the AAATA. AAATA controller Phil Webb explained that the AAATA would pay only for the work that was done. If additional work is needed, then there would be an additional negotiation about how that would be paid for. Webb also pointed out that it’s part of the insurance coverage the AAATA has. So the AAATA had worked with the insurance company on this project – which has been approved by the insurance company. The AAATA would be reimbursed through the insurance claim.

Outcome: The board voted unanimously to approve the contract for the environmental work.

Communications, Committees, CEO, Commentary

At its July 24 meeting, the board entertained various communications, including its usual reports from the performance monitoring and external relations committee, the planning and development committee, as well as from CEO Michael Ford. The board also heard commentary from the public. Here are some highlights.

Comm/Comm: Title VI Compliance

During his report to the board, CEO Michael Ford noted that the planning and development committee had heard from members of the public during public commentary at its meeting on the issue of Title VI compliance. The AAATA is close to completing the new requirements under Title VI, Ford reported. The full board had approve the Title VI policy earlier in the year, he noted, and the five-year transit improvement program will provide consistent service in the member jurisdictions, starting with the service improvements in August.

The performance monitoring and external relations committee was also working on revisions to service standards that would need to be approved by September, Ford noted. With those elements in place, Ford continued, the AAATA would be submitting all of its materials in October to the Federal Transit Administration about how the AAATA is meeting Title VI standards. The performance monitoring and external relations committee would be working throughout fiscal year 2015 on service standards, which are not required, but would be updates to Title VI material.

Jim Mogensen said that the previous week he’d attended two public meetings. The first was a University of Michigan’s regents meeting. His topic was public transit and the university. It was a topic that he talked to the regents about a couple of years ago, he said. At that time, he had said: Look, I’m probably gonna file a Title VI complaint against the AAATA – because there are structural issues the university needs to pay attention to when they merge their own transit plans with the AAATA’s. He’d suggested that because outside people would be looking in [to review Title VI compliance], one of the things the university should consider is providing transit out to its East Ann Arbor medical center. What he had not told the regents is that he had decided not to speak to the regents again until he actually filed the complaint. So he had not spoken to the regents for a couple of years.

He told the AAATA board to remain calm – because he had not actually filed a Title VI complaint yet. But he felt it was time to revisit the situation. The M-Ride agreement – between the University of Michigan and the AAATA – is being re-authorized next year and there was a year to figure it all out. So he suggested to the regents that this continues to be an issue – even with the new transit millage, because it is based on property taxes. And if you evaluate service based on municipal capacity, that will always be a challenge.

He suggested that the M-Ride agreement should be linked to the full actual fair, which is $1.50 – whereas the agreement now is for UM to pay $1 per ride. His suggested approach would recognize that what is happening was: People affiliated with the university have their fares paid by the university. The idea would be to tie it to the full fare. So, over the longer term, if fares for the general ridership went up, they would also go up for university affiliates, and would be linked to the university’s use of the transit system.

The second meeting that Mogensen had attended the previous Thursday was the WeROC (Washtenaw Regional Organizing Coalition) meeting. He brought up the Title VI issue up with WeROC – which had worked in support of the public transit millage. So Mogensen wanted to convey to the board that this was something he was working on, and that he was not working on it just by himself. He asked the board to please not short-circuit the idea before it’s given the opportunity to happen. Because sometimes, when you put ideas forth, things actually happen, Mogensen said.

Comm/Comm: Construction Detours; On-Time Performance

During his report to the board, CEO Michael Ford noted that there have been some challenges with construction and detours throughout the city. He ventured that everyone had felt the pinch of that. Some of the routes of been impacted by traffic backups, he reported, which affected the AAATA’s customer satisfaction and on-time performance. They’re doing everything they can to mitigate those issues, but it’s a difficult slog, he said.

AAATA board member Roger Kerson.

Traveling right now in Ann Arbor is a pain in the neck because of all the construction, Roger Kerson noted during his report out from the performance monitoring and external relations committee. That’s true whether you’re walking, riding a bus, or in a car. And that is impacting the AAATA’s ability to meet on-time standards. They’re doing the best they can, but when virtually every major artery and every major entrance and exit to town has construction, and the buses just can’t move.

Kerson was surprised to hear about the situation on Pontiac Trail, where the AAATA literally cannot run the buses down the street and has to stop and turn around and have a detour. Obviously that is going to impact people there quite a bit, he said, but added: “We are at the mercy of the construction project.”

During question time, Larry Krieg asked about the difficulty in achieving on-time performance. He asked if any of the methods the AAATA was using to do the best it could, were impacting budget. Ford replied that they were actually suffering in that area. They are adding buses, and according to AAATA manager of transportation Ron Copeland, the estimate of the additional cost is $4,000-$5,000 a week. There is not a lot of bandwidth available to the AAATA, Ford said, and so they’re trying to do the best they can – trying to communicate as best they can with customers, and to get them where they need to go, as efficiently as they possibly can. He allowed it is costing the organization money to do that.

Comm/Comm: Public Comment – Compliments

Ed Vielmetti addressed the board during the first opportunity for public comment. He introduced himself as an Ann Arbor resident. He told the board that he rides the bus from time to time. As he’d look through the board packet before coming to the meeting, he noticed some of the statistics that were gathered and reported with respect to complaints about drivers and service – as well as compliments about drivers and service. He was surprised to see that the number of compliments was just 41. When he rides the buses, people are generally friendly with the bus driver and say hello and they seem to be cheerful about the whole process – especially in the summertime. Since he had never registered a formal compliment, Vielmetti wasn’t sure what the process was for doing that. He wasn’t sure if he was supposed to send an email or fill out a form at the transit center. He had no clue about how he would add one to the number of compliments. He asked the staff to figure out what needed to be added to signage or to the RideGuide to let people know how they can report on how the ride went, and to encourage people to give positive comments.

Comm/Comm: BTC Public Art

During his report to the board, CEO Michael Ford noted that the planning and development committee had requested a summary of the evolution of the Blake Transit Center art project and the details on the warranty of the artist’s work. Issues of durability and the warranty had been discussed with the artist as a result of the PDC request, Ford said, and that agreement would be committed in writing. The AAATA is also documenting the award of the art project to this particular artist.

During his report out from the planning and development committee, Larry Krieg noted the committee had received an update on the artwork that was funded as a part of the new Blake Transit Center. The artist, Roberto Delgado, made a visit to Ann Arbor and had made photographs of the distinctive parts of the region so that those images can be incorporated into the artwork. The final artwork would be made of tile and would be vandal-resistant, Krieg said. Sue Gott had urged the AAATA to set aside funds for the maintenance of the art, saying that any outdoor artwork would require maintenance.

Comm/Comm: Art Fair Ridership

During his report to the board, Michael Ford noted that the Ann Arbor art fairs had taken place the previous week. Ridership for the AAATA’s art fair shuttle from Briarwood to downtown was up over 30% compared to last year, he reported. There were about 79 riders per service hour and the weather was great. He thanked everyone who was involved in the process.

Present: Eric Mahler, Eli Cooper, Roger Kerson, Anya Dale, Jack Bernard, Larry Krieg.

Absent: Susan Baskett, Sue Gott, Charles Griffith, Gillian Ream Gainsley.

Next regular meeting: Thursday, Aug. 21, 2014 at 6:30 p.m. at the Ann Arbor District Library, 343 S. Fifth Ave., Ann Arbor [confirm date]

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Rachel Coffman spoke during public commentary to earn points in the AADL summer game. (Photos by the writer.)

Most of the funding was for renovations of the downtown library’s front entrance. The board authorized a $425,523 construction budget for that project at 343 S. Fifth Ave., which has been in the works for several months. The budget covers new doors, a redesigned facade, and heated sidewalks, among other changes. The construction manager is O’Neal Construction of Ann Arbor.

Also related to the downtown library, trustees authorized a $93,598 contract with Schindler Elevator Corp. to repair the public elevator, which has been out of commission since this spring.

A week after the July 21 meeting, the board called a special meeting for July 29 to address additional issues related to the elevator. The four board members present at that meeting voted to authorize an additional $75,000 for elevator work.

Because of the elevator repair work, the Friends of the AADL bookshop is now located in the main first-floor lobby of the downtown building, rather than its normal location in the lower level, which is closed. It’s been in the lobby since June 30, and is open all of the hours that the building is open. Books are sold at the circulation desk.

The third infrastructure project approved on July 21 was $50,000 for carpet replacement in parts of the downtown library, as well as at the branch located at the Westgate Shopping Center.

The money for all three projects will be taken from the fund balance, which stood at $8.17 million as of June 30.

In other action on July 21, the board approved five adjustments to the 2013-14 budget, for the prior fiscal year ending June 30, 2014. The adjustments totaled $96,300.

Public commentary was dominated by fans of AADL’s summer game – in part because they could earn points by speaking to the board. Other issues raised during public commentary included concerns about communication, outreach to underserved populations, the cost of renovations to the downtown library entrance, and the “purging” of reference books.

The board’s August meeting is canceled. The next scheduled board session is on Sept. 15.

Downtown Entrance Renovations

The board was asked to approve a $425,523 construction budget for renovations to the downtown library’s front entrance, at 343 S. Fifth Ave.

AADL trustee Margaret Leary, left, talks with Nicole Wallace of O’Neal Construction, center, and AADL director Josie Parker after the July 21 board meeting. Leary is chair of the board’s facilities committee.

The resolution also increased the capital outlays line item in the 2014-2015 budget by that same amount to cover the work, transferring it from the library’s fund balance. As of June 30, the fund balance stood at $8.17 million.

The construction budget was presented by O’Neal Construction Inc. At its June 16, 2014 meeting, the board had voted to hire O’Neal for construction management of these renovations. The project involves adding new doors and a redesigned facade facing South Fifth Avenue, along with changes to address accessibility issues.

The construction budget includes funding for heated sidewalks and two new flagpoles. Those were among the items that were considered discretionary, but were recommended by the board’s facilities committee. [.pdf of construction budget resolution]

The existing teal porcelain panels that wrap around the downtown building’s front facade, part of architect Alden Dow’s original design from the mid-1950s, will be replaced with a “concrete skin” panel. The entrance will continue to be oriented to South Fifth Avenue, with new doors into the building. Leading from the front of the building into the vestibule will be two balanced double doors, which will be easier to open than the existing entry, and a single automatic door. A matching set of these doors will lead from the vestibule to the interior of the building.

The overall project was originally expected to cost about $250,000. Work will begin later this summer.

Nicole Wallace at O’Neal Construction, the project’s supervisor, attended the July 21 meeting but did not formally address the board.

Downtown Entrance Renovations: Board Discussion

AADL director Josie Parker reported that the project has been submitted to the city for building permits, and bids will be going out soon. She hoped that the cost would be lower, but that won’t be clear until after bids are submitted. There will be a lot of concrete work.

Trustee Nancy Kaplan.

The amount was in line with what she had anticipated, Parker said. There were some adds that the facilities committee requested – three flagpoles that are lit, for example – which increased the cost.

Parker noted that the heated sidewalks also increase the cost quite a bit – by $67,834. There are several reasons why it makes sense to add this feature, she said, noting that it hadn’t been part of the board’s original discussion.

Because the library is working with the city to eliminate the step at the front curb, that means the grade needs to be handled somewhere else. So to remove the step, the grade will have to be accommodated in other ways. In addressing that, the concrete on the north side of the building will be removed and repoured. That’s why the library has asked that the ArborBike program delay installation of its station at that site, Parker said. That way the conduit they’ll be using to power the bike-sharing station will be placed underneath the concrete.

All of this new concrete work will be adjacent to the surface of the city-owned Library Lane underground parking garage, which already includes heated sidewalks. So the entire approach from the parking structure into the library will be clear of ice and snow, Parker said. She noted that the area was designed so that cars could pull into Library Lane to drop off library patrons, rather than stopping on South Fifth Avenue. Drivers can let people out on the passenger side, rather than having people get out next to traffic on South Fifth – a one-way, southbound street.

There will also be a heated sidewalk on the incline leading to the south of the building, which is exposed to the elements, Parker explained. The walkway under the overhang won’t be heated, because it won’t be exposed. But the steps in the front and the concrete deck in front of the building will be heated.

Rebecca Head characterized it as a balance between energy use and safety. Parker said it’s a one-time cost to put the heating in now, while the concrete is being ripped up for the renovation.

Parker also explained the $9,042 in additional expense related to cladding material. Under the front windows outside, there’s white material that’s peeling off, she said. A greenish-colored cladding will be placed over that.

New signs are not included in this construction budget, because the library will be handling that separately, Parker said.

Margaret Leary reported that the facilities committee had discussed this construction budget for about an hour. This was their recommendation to the board.

Outcome: The construction budget received unanimous approval.

Downtown Entrance Renovations: Public Commentary

During public commentary at the end of the meeting, Donald Salberg said he hadn’t planned to speak until he heard about “the apparent inflated costs” for O’Neal to replace the front entrance. He noted that Josie Parker had previously indicated that she hoped to keep the costs under $250,000. He said he wasn’t sure if the total cost now was estimated at $425,000 or closer to $700,000.

Trustee Barbara Murphy.

AADL director Josie Parker replied, saying “Dr. Salberg, I have no idea where you came up with the number of $700,000.” Salberg said he didn’t know if $425,000 would be the total – he said he’d assumed that was the number. It still represents almost doubling of the original cost estimate. He wondered about the heated sidewalks. Trustee Barbara Murphy clarified that the cost for the heated sidewalks was about $67,000 and characterized it as not very much, compared to the total project.

Salberg said one of the problems with heating coils is that if it doesn’t completely melt the snow as it falls, then you get a thin layer of water that’s being melted, covered by a thin layer of ice and snow. “That could potentially make the walkway slipperier than it would be otherwise.” He also wondered what the expected lifetime of the heat coils would be, how frequently they break down, and if there’s any way to repair them other than breaking up the concrete. It would be nice to know how much more the AADL will have to spend on electricity to operate the coils, he said. Using salt and the manual removal of snow seems to have worked well in the past, he added. He wondered if the expense was entirely necessary.

Carpet Replacement

The board was also asked to authorize the director to seek bids and award a contract for carpeting at the West branch, located at the Westgate Shopping Center, and in portions of the downtown library. The amount was not to exceed $50,000, to be transferred from the fund balance to the capital outlays budget.

Because of the work on the elevator in the lower level of the downtown library and the high use of the spaces there, the carpet will need to be replaced, AADL director Josie Parker told the board. That includes the shop for the Friends of the AADL, the meeting space, the exhibit area and stairwell lobby, as well as the hallway to the emergency exit. In addition, carpeting on the third floor will be replaced. It’s original to that section of the library, which was built in 1990.

After all the renovation work is done downtown, the branch at Westgate will be closed and completely recarpeted. That will likely happen in the fall, Parker said.

There was no board discussion on this item.

Outcome: The board voted unanimously to authorize the carpeting projects and budget.

Downtown Library Elevator Repair

On July 29, the board was asked to authorize a $93,598 contract with Schindler Elevator Corp. to repair the public elevator at the downtown library, located at 343 S. Fifth Ave. A special meeting held about a week later – on Tuesday, July 29 – included only one agenda item: Allocating an additional $75,000 for the repair work.

The downtown library’s public elevator is broken and barricaded.

The elevator has been broken and out of commission since this spring. AADL director Josie Parker had reported the situation at the board’s May 19, 2014 meeting, estimating it would cost about $100,000 to repair. It’s the same problem that took the freight elevator out of commission a couple of years ago. Leaks had developed in the hydraulic piston, causing it to fail a weight test.

The July 21 resolution authorizing the contract designated $57,988 for elevator repair, plus $35,610 for “well drilling (after-drill) of elevator hole in the existing hoistway and clean out of existing hole and casing.”

The capital outlays line item in the 2014-2015 budget would be increased by a total of $93,598, to be transferred from the library’s fund balance. As of June 30, the fund balance stood at $8.17 million. [.pdf of July 21 elevator contract and resolution]

Downtown Library Elevator Repair: Board Discussion – July 21

Barbara Murphy asked for an explanation of “after-drill.” AADL director Josie Parker explained that the elevator is a hydraulic jack design. It operates using a cylinder with hydraulic fluid that hoists the elevator. The cylinder is as deep as the library is tall, she said. Over time, the wear on the cylinder causes hydraulic fluid to leak, compromising the safety of the elevator. It failed its inspection for weight, she reported.

The same problem occurred with the staff elevator a few years ago, Parker noted. Both elevators had been installed about the same time – around 1990, she said, and it’s fortunate that the library was able to get this many years out of it.

The workers will drain out the hydraulic fluid, then take the jack out piece by piece by lifting it up and cutting off sections to remove. As the jack is removed, the earth around it caves in. So the work entails excavating and drilling the hole again for a new jack and casing.

The new jack and casing will also be brought in section-by-section through the front door, then welded together in the lower level. The workers will bring it in before the library opens, and on those days the library will open later, at noon. “The last thing we need is for someone from the public to come into the building when it’s not open, and go near that hole in the ground,” she said.

Parker noted that anyone who needs to use an elevator in the interim can ask any employee to use the staff elevator. People are asking for help, and the staff is happy to provide it, she said.

Margaret Leary pointed out that the contract with Schindler includes the statement that “the condition of the existing casing and hole is unknown. Removing the existing jack may uncover a cylinder hole full with sand or other debris requiring additional work to install the new jack.” If additional work is necessary, the company will provide a separate proposal for that.

Leary said one important element of this job is that Schindler doesn’t know exactly what they’ll have to do until they take it apart.

Outcome: The board unanimously authorized the elevator repair work.

Downtown Library Elevator Repair: July 29

A week later – on July 28 – the board announced that a special meeting was called for Tuesday, July 29 with one action item: Allocating an additional $75,000 for elevator work.

Board president Prue Rosenthal.

AADL director Josie Parker reported that after last week’s board meeting, Schindler made an assessment of the elevator. The well-drillers found that there were three casings in the elevator shaft, nested inside each other. It’s not clear why there are three casings, she said. To meet current code, the jack must be encircled by PVC. But the center casing is too narrow to accommodate the PVC and jack, and isn’t allowing a plumb drop. So the center casing must be removed. If the jack and PVC can be inserted without removing the middle casing, then the cost will be lower, Parker said.

The $75,000 is an amount that would cover the worst-case scenario, Parker said – that all three casings would have to be pulled out, the shaft redrilled for a new outside casing, PVC and jack.

The total authorized by the board for the project would be about $170,000. “If we don’t need it, we won’t spend it,” Parker said. But she didn’t want to keep coming back to the board “every time there a bump that causes to change the scope of this project,” she added, especially becase the board won’t be meeting in August.

Jan Barney Newman asked what the casings were made of. The old casings are steel, Parker replied.

Parker explained that the workers will come in next week and spend the week taking out the casing. The following week, they’ll be drilling for the new casing and prep for the rest of the work. “That’s when things are going to be incredibly noisy in here, and smell bad,” Parker said. The casing is brought into the building in sections of pipe that’s 12-15 feet long, and workers will weld the casing in place, she noted. It’s likely that there will be some closures of the downtown library during that period. The elevator work will be done during the weekdays, so there will be no closing on weeknights or weekends.

Outcome: The board unanimously approved the additional $75,000 for elevator work. Four trustees were present at the July 29 special meeting: Rebecca Head, Jan Barney Newman, Prue Rosenthal, and Ed Surovell.

Finance Report

Eli Neiburger, AADL’s deputy director, presented the June 2014 financial report at the July 21 meeting. [.pdf of finance report] He noted that this report was for just the month of June, not for the close of the fiscal year, which ends June 30.

Eli Neiburger, AADL deputy director.

Through June 30, the library has received tax revenue totaling $11.256 million for the fiscal year. This is the library’s low cash time of year, Neiburger said, between the end of the fiscal year but before the arrival of revenue from summer taxes, which are collected in July.

Through the fiscal year, the library showed an operating surplus of $460,616. A lot of that related to positions that were open and that are now being filled, Neiburger said. The library had $8.77 million in unrestricted cash at the end of June, with a fund balance of $8.17 million, up from $8.001 million a month ago.

Revenue from state aid for the year was $153,000 more than budgeted, Neiburger noted. The library always budgets very conservatively, he added, because they’re not sure how much state aid will be awarded. Other revenue items that were higher than budgeted include interest and grants/memorials. Overall, revenue for the year was $12.3 million, “which was just about right on target,” he said.

Neiburger reported that five line items were slightly over budget for the year – purchased services, software, copier expenses, supplies and library programming. Purchased services are slightly over budget because the library paid for a survey in March. Regarding software, the library had planned to make a larger capital purchase, but it turned out that half of that purchase was actually a software license. Copier expenses were slightly higher than expected.

Regarding the supplies line item, Neiburger explained that every year, the library budgets for big capital projects but many individual purchases for those projects are typically under $1,000 each. That makes them assets that aren’t tracked, he said, so they can’t be paid for from the capital outlays line item. So every year at this time, the board is asked to transfer funds from the capital outlays line item to cover expenses in the supplies line item. These purchases are for things like computers and monitors that used to be capital outlays, but that are now much less expensive.

Library programming was $536 over budget for the year. “On a $273,000 [programming] budget, that’s pretty close,” Neiburger said. That line item went over budget primarily because of last-minute travel expenses related to visiting musicians performing in June concerts.

Neiburger noted that the board would be asked to make budget adjustments for FY 2013-14 later in the meeting.

The board had no questions about this presentation.

Outcome: The board voted unanimously to approve disbursements for June.

FY 2013-14 Budget Adjustments

The board was asked to approve five adjustments to the 2013-14 budget, for the prior fiscal year ending June 30, 2014. The adjustments totaled $96,300.

Eli Neiburger, AADL’s deputy director, had previously indicated that such adjustments would be necessary.

The resolution would authorize transfers in the following line items:

• $22,500 from capital outlays to supplies.
• $49,800 from capital outlays to software licenses/maintenance.
• $17,000 from utilities to purchased services.
• $6,500 from utilities to copier expense.
• $500 from utilities to library programming.

There was no discussion of this item.

Outcome: The board unanimously approved the budget adjustments.

Summer Game

The AADL’s summer game launched in mid-June, and it was a theme throughout the June 21 meeting – for the public, staff and board.

This sign was posted outside the boardroom door where the AADL board held its July 21 meeting. Chronicle readers can get these 500 points too – because it’s like being there.

Players can earn points for traditional activities like reading a book, but the game includes tasks that are done online, like tagging an item in AADL’s catalog or commenting on a blog post. Points can be traded in for merchandise that’s available at AADL’s online store.

People can log on, sign up and earn points for completing tasks like checking out a book or other item (50 points), tagging an item in the AADL catalog (10 points), writing reviews (50 points), or posting a comment (50 points). One point per page or minute is awarded for reading, watching, or listening to media, with a 100-point bonus for finishing an item. You can get between 200-500 points for attending an AADL event – including board meetings – where you’ll be given a code that allows you to redeem the points and earn “badges.”

On July 21, points were awarded for attending the meeting, with additional points for speaking during public commentary.

Summer Game: Public Commentary

Rachel Coffman told the board she was in second grade going into third grade. She really loves the summer game, and so do her sisters. They love it so much that they’ve been hiding codes all over their house, in places like the toothbrush cabinet, and they’ve made badges out of paper. “I just really love the summer game,” she said.

Cherie Burkheiser said she was there because she’s addicted to the summer game. Last year she discovered the game late in the season, so she jotted this year’s start date into her calendar “and I was there the first day it started.” She also wanted to make some comments. She’s lived in Ann Arbor her whole life, so she assumed all library websites were like AADL’s. But she recently looked at some other library district’s sites, and said that many are difficult to search. She asked that AADL make improvements to the online commenting, however, to make it easier to follow comment threads.

Tom Brown and his daughter Lydia Brown spoke about the AADL summer game during public commentary.

Regarding summer game codes placed in parks, she requested that the staff make sure the codes are permanent. One code was graffiti on a bench that was subsequently sanded off and painted over, and another code was for signs that have been removed. She said she looked forward to when her son is older and can help with the summer game.

Sara Mayman said she enjoyed the summer game and the library. She also offered a general suggestion, noting that there’s a lot of outdated equipment, like Betamax videocassettes and Zip drives. She was hoping that AADL could have a media room or make this equipment available for checkout. People could donate the equipment, and perhaps volunteers from Maker Works could manage the upkeep. When she was cleaning out her parents’ house, she came across these kinds of things and wasn’t sure what to do with them. Most people don’t need to use this kind of equipment very often, or for very long, she noted. It would be useful to be able to transfer your old media to new media at the library, using equipment there. It would be expensive for someone to buy, especially just to use one time. She offered to volunteer if there’s a committee that would work on this.

Tom Brown and his daughter Lydia Brown told the board that they were enjoying the summer game. They described some of the things they’ve done, like attending the Emerging Writers workshop and Kids Read Comics, and visiting all the AADL branches. They went to Parker Mill to get their codes, and saw a deer. They also went to the Barton Nature Area. Tom Brown said he’s lived in Ann Arbor 22 years and had never been there before. “The code made me go there, so that was cool.” They saw a deer there too. And when they went to Mary Beth Doyle Park, they saw a badger. In total, they’ve earned 78 badges. They also participate in a summer game team with the youth group at their church. Lydia reported that she collects buttons – including some vintage AADL buttons – and put them on her AADL bag. AADL director Josie Parker noted that “vintage” means pre-district, when the library was part of the public school system and called Ann Arbor Public Library.

Jinny Potter introduced herself as a summer game “fangirl.” Her family moved here about four years ago from the ??south. In the south, people are friendly and like to get together. When her family moved here, they initially lived in the metro Detroit area and the library there only had events for her and her young son once a month. She never felt like a part of that community. When they moved to Ann Arbor, her husband has a longer commute but it’s been worth it. Having the library here has helped with her homesickness, Potter said. The summer game has been a great way to learn about local businesses, the parks system and it’s a lot of fun to play with her family. She hopes that the recent success with expanding public transit “means that maybe we can revisit the expansion of the downtown branch.” It’s already pretty awesome, she said, but it’s exciting that it could be even more of a resource for the community. She’d love to volunteer to work on that, because the library has given so much to her family.

A girl named Rosie said that this spring, she and her sister Margaret started talking about how they couldn’t wait for the summer game to begin. Their mom was confused about what that meant, “and then we got her hooked.” She thanked the board and staff for doing a wonderful job, and for encouraging reading and other modes of learning. She also thanked the library for hosting Nerd Nite, saying it was “awesome and very informative.” She’ll be sad when August comes and the game ends.

At the meeting’s final opportunity for public commentary, Donald Harrison quipped “the code’s making me do it!” He said he’s a fan of the summer game and of AADL’s non-traditional collections. The musical instruments have been a great addition, and he’s used most of them. Recently he saw a little green table on the shelves, so he checked it out and took it to a family reunion that weekend. He set up the table and net, and within minutes, “we’re playing ping pong at the family reunion, so family members who hadn’t seen each other in years were having a really great time.” Things like that create a lot of value, he said. Harrison joked that this might put some pressure on the parks and recreation department to add public ping pong tables in the parks.

Summer Game: Director’s Report

As part of her director’s report, Josie Parker highlighted the popularity of AADL’s summer game, as reflected in some of the public commentary. She noted that it requires a lot of work from staff. For example, the staff goes out into local parks to find where codes could be located. It’s gratifying to hear that the library is sending people out to visit parks they haven’t been to before, or to local businesses. “It’s the library bringing the community together in a game, but then sending the community out,” she said. “I don’t want us to lose that, because that’s what I think is so important about this way of playing the summer game. And it’s reading, reading, reading – there’s no way to play the game without reading or being read to.”

Parker also noted that teens are volunteering to package the prizes that players are redeeming with their points. It counts as community service for their high school, but many of them have finished that requirement and continue to volunteer, she said. Adults are also volunteering too.

Some badges are easy to earn, Parker noted – like the one called “Josie’s Chickens,” which entails going to her office and retrieving the code. But other badges take hours or days, because the clues are nuanced and complicated to figure out. “That’s why people love this – it makes you think,” she said. The game is teaching children how to use the resources of the library – its catalogue and databases – as well as getting them out into the community to find codes. If board members haven’t tried the game, Parker encouraged them to do it.

Committee Reports

The board has seven committees: communications, budget and finance, facilities, policy, director’s evaluation, executive, and strategic plan. Because membership on each committee consists of only three trustees, which is fewer than a quorum of the board, the meetings are not required to be open to the public under Michigan’s Open Meetings Act. The board has the option of making its committee meetings open to the public, but has chosen not to do so.

There were two committee reports on July 21: communications and facilities.

Committee Reports: Communications

Rebecca Head, chair of the communications committee, reported that they met on June 17. Other members are Margaret Leary and Prue Rosenthal. They reviewed the recommendations of the Allerton-Hill Consulting report regarding different ways to ratchet up the library’s communications. [.pdf of Allerton-Hill report]

Trustee Rebecca Head.

They agree that the communication is already pretty good, she said, but there’s always more that could be done. For example, AADL director Josie Parker has a blog, Head noted, as do other staff. That’s useful for getting information out, she said. The print newsletter that was mailed out earlier this year was a success, she added, and so those mailings will continue. The winter newsletter will focus on why people use the library, so that people understand what’s available.

There are plans to do more outreach to the townships that are part of the district.

The committee also talked about how to ratchet up services related to social equity, such as reading readiness and job search assistance. The library does an extreme amount of partnering in these areas, she noted, and are very connected to schools and other organizations. “But we’re always looking for new ways to get these messages across.”

Barbara Murphy mentioned that the board received a list of all AADL partners earlier this year. She didn’t think it had been part of the minutes or board packet. AADL director Josie Parker replied that it’s available for anyone who wants it. Murphy suggested posting it on the AADL website.

Committee Reports: Facilities

Margaret Leary, chair of the facilities committee, reported that the group met on June 25. Other members are Ed Surovell and Jan Barney Newman. Most of their discussion related to items on the board’s agenda that night, including the construction budget for the downtown entrance. They reviewed the most recent schematic drawings with Cory Lavigne of InForm Studio. They also went over the proposed budget for that work, she said.

The committee also discussed two other items that were on the board’s July 21 agenda: repair of the downtown library’s public elevator; and a proposal for carpeting in portions of the downtown library and the West branch.

Library Stats

The board is provided with monthly library statistics in five categories: Collections, users, visits, usage and participation. The data is compared to year-ago figures, when available. The information for June 2014 was presented by Eli Neiburger, AADL’s deputy director.

AADL collections data: June 2014.

AADL users data: June 2014.

AADL visits data: June 2014.

AADL usage data: June 2014.

AADL participation data: June 2014.

Neiburger noted that the presentation of these stats will be retooled in the future, because some of it isn’t very meaningful if there’s little year-to-year variation. It’s also an opportunity for some strategic planning, he said, to identify some key performance metrics.

Here are some highlights from Neiburger’s commentary:

• Collections: The AADL collection continues to grow in most categories compared to a year ago. In the digital collection, the category of photos saw the biggest growth (117%) with most of that coming from the Old News collection.
• Users: There are 199,613 known computer users, up 6.6%. Borrowers were up 8.3% to 123,437. The number of active borrowers during the month was 58,711. June is a big month for new library card sign-ups because of the summer game. New online registrations almost doubled compared to June 2013, mostly related to the summer game. This year there were 937 new library cards issued – 5% higher than last year. The number of cards issued to non-residents, businesses and organizations is also growing, he noted, thanks to the efforts of AADL’s outreach staff.
• Visits: The number of visits are down at all locations, but Neiburger said there’s missing data at several branches. For example, there was no data for five days in June at the downtown library. The door-counting hardware isn’t performing well, so the staff will be looking at how to get more accurate data. A ceiling-mounted system might provide better results. “However, our event attendance was crazy in June,” Neiburger said, with nearly 15,000 attendees – up 31.8% compared to a year ago. Online visits to AADL’s “devblog” – where staff posts information about the software they develop – was up over 100%.
• Usage: Checkouts were down in most categories, aside from art prints and tools/kits. The decrease of 2.2% for books is “really within the realm of noise, in terms of use of the collection month-over-month,” Neiburger said. Use of DVDs and CDs are falling off significantly more, he noted. Even though checkouts of Bluray decreased, that’s because most of the collection is checked out – there’s actually growing demand for it. The total collection value in all categories stands at $15.58 million. For online usage, image downloads increased 64.4% compared to a year ago, and video use is up 90%.
• Participation: For the first time, attendance at films and shows exceeded the turnout for storytime events, Neiburger reported. Attendance for the category of talks, which includes Kids Read Comics, was up about 200%. Overall, the library held 4% fewer events in June compared to last year, but attendance was up 32%.

Neiburger also gave highlights of some “Top Tweets” that mentioned @aadl during June. One was by Midwestern Gothic (@MWGothic), a literary magazine based in Ann Arbor. They tweeted about a reading that AADL hosted in early June for the magazine’s contributors. Neiburger pointed out that AADL has licensed the full run of Midwestern Gothic, and it’s available for immediate download to keep.

Some of the Tweets highlighted new items from the AADL collection, including the Bounty Hunter Junior metal detector, giant checkers, disc golf and Kubb – a Swedish lawn game. Neiburger described it as a cross between horseshoes and cornhole. The library just got 10 more sets of it.

Tweet from @AADL.

Tweet by Kathleen Folger.

Tweet by Ken Varnum.

Director’s Report

AADL director Josie Parker covered several topics during her director’s report, some of which are reported elsewhere in this article.

Parker showed the board a slide show about Visions 2014, a vendor fair held on May 14 at Washtenaw Community College for people who are blind and physically handicapped. The two-minute presentation is also posted on AADL’s website. The library continues to get good feedback on that event, she said.

Parker also noted that the Friends of the AADL bookshop is now located in the main first-floor lobby of the downtown building, because of the closure of the basement area where the bookshop normally operates. It’s been in the lobby since June 30, and is open all of the hours that the building is open. Books are sold at the circulation desk.

She reported that many people didn’t realize there was a bookshop, so it’s become very popular. Nancy Kaplan asked if there’s the possibility that it could remain in that location, even after the elevator repair is finished. Parker replied that it’s a possibility. “That conversation is one we’ll have to have,” she said.

Margaret Leary said it’s a fabulous example of a good outcome from a situation that was challenging. It’s creative and opens the door to new ways of thinking about the bookshop.

Resolution of Thanks

The board’s agenda included a resolution of thanks to Wendy St. Antoine, who is retiring on Aug. 15. She joined the library in December 1996.

AADL director Josie Parker reported that St. Antoine came into the system as a head clerk at the Northeast branch. “We no longer have head clerks, and we no longer have the Northeast branch,” she noted. St. Antoine is known throughout AADL for her quiet strength, Parker said. She deals well with all sorts of people, and does it respectfully and in a way that everyone finds approachable.

When Parker joined AADL in 1999 “and found myself managing the circulation department as well as the youth department during that financial crisis, suddenly I had over half the employees under my supervision, two-thirds of the budget, and all these desks everywhere. Wendy is the person who taught me how to think about that in the right way, so that it was manageable in my mind. I’ll always be grateful to her for that.” Everyone has a story like that about St. Antoine, Parker said.

Cancelation of August Board Meeting

The board was asked to cancel its Aug. 18 meeting.

Margaret Leary pointed out that board president Prue Rosenthal and AADL director Josie Parker had discussed this, and they don’t foresee any business that will need to be addressed at that time.

Parker said that actions by the board regarding facilities projects, in votes taken earlier in the July 21 meeting, give her the authorization she needs to move forward on that work – on the downtown library front entrance, the downtown library elevator repair, and the carpeting replacement.

The next board meeting will be on Monday, Sept. 15.

Outcome: A proposal to cancel the Aug. 18 meeting was moved and supported, but Rosenthal did not call for a vote on this item. The board appeared to have consensus, though no official action was taken. A meeting cancelation notice has been posted on the AADL website.

Public Commentary

Of the 12 people who spoke during public commentary, most of them talked about the summer game. They earned summer game points for both attending the meeting and for public commentary. Those comments are included earlier in this report.

Public Commentary: Communications

Lyn Davidge introduced herself as a Scio Township resident who also loved the summer game, and who’d spent the past 15 minutes looking for codes in the library. She said she hated to stand there and be the grinch, “but there’s one in every crowd.”

Lyn Davidge.

She’d been pleased to attend the informational meeting on July 14 for potential AADL board candidates. She’d been looking on the AADL website, MLive and The Ann Arbor Chronicle for information about the session’s date and location. She was surprised to see an item published by The Chronicle on Sunday morning, July 13 at 11 a.m., announcing the session for the following day. “In my opinion, that was incredibly short notice to the public.” [The Chronicle received the AADL press release via email on the morning of July 13, though it was dated July 9.]

To double check herself, Davidge said she went back to the AADL website and still couldn’t find any announcement there. She still couldn’t find anything in the online or print editions of MLive. It was possible that she simply missed the previous announcements, she said. “On the other hand, I was left with the uncomfortable feeling that maybe the short-notice notice in The Chronicle was the only notice of the potential candidates meeting – and you know what that looks like, don’t you? It looks like you were hoping no one would show up.” She hoped they really didn’t want to give that impression, even to one constituent at one time.

Similarly, she said, the July 21 AADL board meeting was being held at the downtown library. But months ago, it had been announced that the meeting would be held at the Pittsfield branch, she noted. She knew that the venue had been changed, because a couple of trustees had given her the heads-up about it. They knew that she thought it was a good idea for the trustees to be visible in all of the branches. They also knew that she disagreed with the decision not to hold the July meeting at a branch. [The June 16, 2014 meeting was held at the Traverwood branch, and had drawn only one member of the public.]

Davidge said she could respect the board’s decision, but she couldn’t understand why the change in the July meeting venue wasn’t just announced during the June meeting. That way, people would have had very timely notice of that schedule change, she said. “Again, it looked like you were hoping no one would show up tonight.” That’s the impression people get, she said. Thank goodness there were a lot of people attending that night’s meeting – the word got out, she said. She hoped there would be more publicity in the future.

Kathy Griswold told the board that the Ann Arbor community is fortunate to have such an excellent library and truly excellent staff. She wanted to talk about one lost opportunity and two minor areas of weakness. The lost opportunity is that the library isn’t addressing part of its mission statement for underserved populations and low-income students, she said. Griswold said she’d tried to engage some of these students in the summer game, but she didn’t have the resources to do that. The library needs to go out into some of these communities, she said. There are several nonprofits who work with underserved youth but have limited financial resources, especially compared to the library. They are providing books to students in some of the subsidized housing units, she said. Griswold also noted that Ann Arbor Kiwanis recently provided a grant to the Family Learning Institute to buy a modified bookmobile. She’d really like to see the library revisit using a bookmobile that includes computers.

Regarding weaknesses, Griswold cited communications as something that needed work. She noted that the Detroit Free Press had recently sued the University of Michigan board of regents over alleged violations of the state’s Open Meetings Act. “I believe that their regents operate similar to the way that trustees operate, and that is just within the limits of the Open Meetings Act.”

Griswold also said she cringed to see that material had been printed out for trustees in “slide mode” rather than “handout mode,” which wastes a tremendous amount of toner – because the printouts had white letters on black background.

Trustee Margaret Leary.

Finally, Griswold noted that a step at the Traverwood branch hadn’t yet been repaired. It’s a minor issue, but it’s a safety issue that needs to be addressed, she said.

Later in the meeting, AADL director Josie Parker responded to comments about the underserved. Parker pointed out that the library does provide services to underserved populations through its partnerships with nonprofits, as well directly through the library’s outreach to schools. “We are considered sort of the foundational location for many of them, because they don’t have budgets that give them space,” she said. The Ann Arbor Public Schools English-as-a-second-language (ESL) classes are held at the library, as are sessions for Washtenaw Literacy and the Family Learning Institute. So the library’s outreach to the underserved – children and adults – is a long tradition, Parker said, “and not one that we would abandon.”

Margaret Leary clarified with Parker that it would not be accurate to say that the library doesn’t address the needs of the underserved, whether they’re children or adults. Parker said it’s fair to note that the library can’t solve all the issues that face the community. Root causes like illiteracy are of real interest to the library, and have always been, she said. Poverty, lack of health care and other issues are outside the mission of the public library, she added.

“However, we definitely serve those nonprofits trying to meet that mission, by giving them space to meet, space to bring those populations together,” Parker said. One example is the Proyecto Avance: Latino Mentoring Association (PALMA), a University of Michigan student group that provides tutoring in English. She said it’s important to be very careful in using the term “underserved” and labeling people.

Barbara Murphy highlighted the fact that AADL gives a book to every newborn – it’s one of her favorite programs.

Public Commentary: Reference Books

Gladwin McGee, an Ann Arbor resident, said he’s concerned about the purging of large numbers of reference books from the downtown library in recent months. There are several references that he’s used in the past, but they’ve been removed from the shelves. These include a three-volume encyclopedia of television, a three-volume encyclopedia of musical theater, and an eight-volume encyclopedia of the American Constitution. Just last week there was a Merriam-Webster encyclopedia of literature that had been removed, as was the American Decades series of history and culture.

“I would have hoped that it would be part of the philosophical groundings of librarians to respect various pathways of learning discovery, including respecting the choices of those of us who cherish various print reference works, who’ve found enrichment in them and would like to have the opportunity to continue using them.” He said it seemed like it was happening in almost “bibliocidal proportions.” It’s true that the Internet provides an almost unprecedented collection of facts, and would lead some to claim that print reference books are outmoded and could be dispensed with. However, the best reference works are more than just a collection of facts. They provide outstanding contextual frameworks for highlighting and exploring connections among related but independent sets of facts. “It saddens me greatly to see their removal.” He noted that he’d made an appointment to talk with the AADL director about this.

Responding to a follow-up query from The Chronicle, AADL director Josie Parker indicated that the library regularly removes outdated materials, and has not changed that process. Some print reference work also is now available in electronic databases.

Present: Rebecca Head, Nancy Kaplan, Margaret Leary, Barbara Murphy, Prue Rosenthal.

Absent: Jan Barney Newman, Ed Surovell.

Next regular meeting: The August meeting has been canceled. The next regular board meeting is on Monday, Sept. 15, 2014 at 7 p.m. at the downtown library, 343 S. Fifth, Ann Arbor. [Check Chronicle event listing to confirm date]

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From left: former Congressman Wes Vivian talks with Washtenaw County board chair Yousef Rabhi (D-District 8) before the board’s July 9 meeting. Vivian is advocating for the board to put a proposal on the Nov. 4, 2014 ballot regarding the U.S. Supreme Court’s Citizens United ruling. (Photos by the writer.)

Linda Edwards-Brown, the county’s juvenile division administrator, told commissioners that there’s been an increase in young men “terrorizing” their communities. The sheriff’s office and court had started working together several months ago after they began observing an increase in gang-type activity, she said, including home invasions, firearm larceny, and assaulting police officers. They’d been hopeful that they could stem the tide of violence, she added, but it had escalated with a death in Ypsilanti earlier this summer.

So the sheriff’s office and court officials have reached consensus to remove some of these young men from the community and put them into residential facilities in other parts of the state, Edwards-Brown said. The juvenile division of the Washtenaw County trial court will place at least six youths in residential facilities this month, in addition to six youths who are currently in residential placements. According to a staff memo, residential placements are costly, with a typical length of stay at nine to twelve months.

At the July 9 meeting, commissioners and staff expressed the need to continue working on this issue as a community-wide effort.

In other action, commissioners were asked to pass a resolution making mid-year budget adjustments and allocating this year’s higher-than-expected property tax revenues, as well as putting the $3.9 million surplus from 2013 into unearmarked reserves.

The adjustments passed on a 6-2 vote, with Dan Smith (R-District 2) and Conan Smith (D-District 9) dissenting. Andy LaBarre (D-District 7) was absent. Dan Smith objected to spending more than was budgeted and making budget changes outside of the annual budget affirmation process, which takes place later this year. Conan Smith didn’t state his reason for voting against it on July 9, though in the past he has advocated for spending more of the surplus, rather than setting it aside in the fund balance.

Commissioners also authorized putting a proposal on the Nov. 4, 2014 ballot to renew a 10-year, 0.2353-mill countywide parks and recreation operations tax. They held public hearings related to other millages that the county plans to levy later this year: (1) for support of indigent veterans and their families; and (2) to fund economic development and agricultural activities, under Act 88. The hearings drew one speaker – Thomas Partridge.

Related to the health department, the board created a new board of health to help oversee public health services in the county. A state official was on hand to talk about the accreditation process that the Washtenaw County public health department completed earlier this year.

Commissioners voted to accept the recommendations of a task force that’s been working on a funding strategy to help end homelessness, and to sunset that task force. The board also made appointments to a new committee that’s charged with exploring funding options for road repair.

Several issues were raised during public commentary. Former Congressman Wes Vivian urged the county board to place a proposal on the Nov. 4, 2014 ballot enabling Washtenaw County voters to ask the state to support a constitutional amendment to overturn the Citizens United decision. That U.S. Supreme Court ruling has resulted in corporations “sloshing big money into our elections at all levels,” Vivian said.

Also during the meeting, commissioners honored Arthur Williams, who is retiring as principal of Huron High School in Ann Arbor after 19 years in that job. The board also passed proclamations welcoming the United Association (UA) of plumbers and pipefitters and the Ironworkers International. Both unions hold training programs in Washtenaw County each summer.

At the beginning of the meeting, Rabhi asked for a moment of silence in memory of Rowan David LaBarre, the newborn son of commissioner Andy LaBarre and his wife Megan LaBarre. Rowan David had passed away earlier in the week. “We all pray and hold Rowan in the light of our prayers and thoughts,” Rabhi said.

Funding to Address Juvenile Crime

The July 9 agenda included a resolution authorizing the use of $642,707 from the Child Care Fund balance to pay for a range of services overseen by the county’s dept. of human services. The use of $642,707 will drop the Child Care Fund balance from $1,041,882 to $399,175. [.pdf of staff memo]

Linda Edwards-Brown, the county’s juvenile division administrator.

The resolution authorized an amendment to the Child Care Fund (CCF) budget for the current fiscal year. The request came from the Washtenaw County Trial Court’s juvenile division and the county’s department of human services – the entities that oversee programs supported by the CCF.

According to a staff memo, the CCF is a collaboration between the state and county circuit courts to support programs that serve neglected, abused and delinquent youth in Michigan. The state reimburses counties for 50% of all eligible CCF expenses.

The specific request on July 9 was for an increase in the CCF budget from $1,872,928 to $2,500,000 for the 2014 county fiscal year, which runs from Jan. 1 through Dec. 31 – an increase of $642,707.

Expenditures for the children’s services department are expected to be $262,341 over the current budget during the county fiscal year. Those expenses relate to use of part-time temporary staff as well as overtime, according to the staff memo, “to ensure that Children’s Services remains in compliance with state licensing requirements for juvenile detention facilities.”

In addition, the Trial Court’s juvenile division planned to put at least six youths in out-of-home placements in July. Another six youths are already placed. The typical length of such placements is nine to twelve months at an average $260 per day, per youth. That cost can range from a low of $150 to a high of $522. The total cost for the remainder of the county fiscal year is projected to be $396,000.

In addition, detention beds in the county’s children’s services facility have been occupied at or near capacity for all of 2014, which has resulted in the need for part-time temporary staff as well as overtime pay.

Funding to Address Juvenile Crime: Board Discussion

Ronnie Peterson (D-District 6) asked about the timing of this request. Linda Edwards-Brown, the county’s juvenile division administrator, clarified that the request for funding is for the county’s fiscal year, through Dec. 31. However, the Child Care Fund (CCF) budget is aligned with the state’s fiscal year, from Oct. 1 through Sept. 30. Edwards-Brown noted that the budget amendment would run only through Dec. 31, 2014. “We’ll be back here in a few months to look at the 2014-2015 Child Care Fund budget,” she said.

Ronnie Peterson (D-District 6).

Peterson expressed interest in seeing long-term budget projections. It’s not about the money, he added, but it’s important to find out what’s happening in the juvenile justice system. The county needs to know what its financial obligations are to address some of the issues that are occurring in the community, which are causing youth to end up in detention facilities.

Edwards-Brown told commissioners that a group of young men are “terrorizing” their communities. They are carrying weapons, displaying weapons on social media, committing home invasions, and stealing guns.

Several months ago, the sheriff’s office and the court started working together as they saw the beginning of what seemed to be gang-type activity, Edwards-Brown said. “We were hopeful that we would be able, by working together, to stem this tide of violence that we’re seeing in the community. We were unable to do that.”

Last month, a young man was murdered in Ypsilanti, Edwards-Brown said. It’s a problem that the sheriff’s office had predicted, she added. Now, collectively, the court and sheriff’s staff have decided they need to remove the young men from the community, she said. “So that’s the answer as to why we’re here tonight asking for more money for residential placements.”

The trial court has made a concerted effort over the last several years to keep youth in the community and work with them in their homes, Edwards-Brown said. But at this point, public safety is an issue, as well as the safety of these young men, she said. They can’t be “safely maintained” in the community, and need to be taken outside their homes, she said.

Derrick Jackson, director of community engagement for the sheriff’s office, reported that last summer, deputies started to notice an increase in juvenile violence and an escalation in crimes that juveniles were committing. He noted that in the early 1990s, there was gang activity in the area and a lot of those gang members were taken off the streets for 10-15 years. The question since then has been how can the community change so that when those men got back out, “things won’t go back to the way they were,” he said.

Derrick Jackson, director of community engagement for the Washtenaw County sheriff’s office.

Fortunately, those men didn’t go back to criminal behavior, Jackson added, but some of their children, younger siblings and other relatives are now in their teens, and are starting to get involved in gang-type activity. The good thing about having a conversation now is that it’s at an early stage, he said, “and we’re hoping we can prevent some of this.”

They’re not saying that the answer is to lock up every kid who’s associated with these things, Jackson stressed. But this is one of the answers for a small percentage of kids who are very violent, carrying weapons, doing drugs and who ultimately committed homicide.

A large task force is coming together to talk about a “holistic, wrap-around response to what we’re seeing in the community,” Jackson said, because it’s such a significant issue. He noted that about 55 community leaders – including some county commissioners – had met recently to talk about the juvenile criminal justice system, and everyone had seen an increase in problems. When he talks to high school and middle school teachers in the eastern part of the county, they all say the same thing – they see a difference in how young people are acting.

Jackson said that when you see the train coming down the track, you can prepare to get run over or you can figure out a way to stop it. People in the county are working to stop the train, he said.

Lisa Greco, the county’s youth center director, noted that juvenile detention is where kids are placed when law enforcement removes them from the community. They’re held in secure custody until decisions can be made about what to do next. The juvenile detention center has seen more than a 25% increase in population and days of care, Greco said. Managing the dynamics in the community is challenging, she said, and managing those kids in the confined space of juvenile detention is also a challenge. “I think we’ve been up to it, and have taken good care of the kids,” she said.

Rolland Sizemore Jr. (D-District 5).

The community is at a crossroads, Greco added. There’s a need for an immediate response, as well as a call to action to re-examine the juvenile justice system in Washtenaw County in its entirety. “We need alternatives to juvenile detention,” she said. There needs to be early identification, intervention and assessment for kids who are struggling in the community.

Rolland Sizemore Jr. (D-District 5) expressed concern about the kids who’ll be sent to places outside of Washtenaw County. “What happens when they get done and come back here?”

Edwards-Brown replied that none of the young men will be sent out of state. They’ll be sent to Maxey Boys Training School in Whitmore Lake, Turning Point Youth Center in St. Johns, and other facilities within Michigan. “We want them to have the opportunity for their families to visit them and to participate in family therapy while they’re in these placements,” she said.

These young men will eventually be returning home in nine to 12 months, Edwards-Brown noted. So it’s important to bring change to their homes, so that they won’t be returning to the same situation, she said.

Sizemore advocated for having an individual or entity examine all the programs in the county that help youth. He thought there were duplicative services, and the services should be better coordinated. He also hoped the school districts would get involved, and that parents would be supported. He praised Jackson, sheriff Jerry Clayton and deputies for doing difficult work. But it’s time to stop studying the situation and to put some money directly into programs that will help youth, he said.

Alicia Ping (R-District 3) said she first heard about the Ypsilanti murder on Facebook, from a friend who lived in that neighborhood. She thought that by removing these young men, it will help the community as a whole. It will provide hope to the people living there, since they won’t be living in a place of fear. It’s important to let residents know that the community cares about what’s happening in those neighborhoods, Ping said, and that action is being taken to help.

Alicia Ping (R-District 3).

Edwards-Brown stressed that “this may not be the panacea.” Although the additional funding will help remove a certain number of young men, “there are brothers and sisters and nieces and nephews and cousins – so we have a bigger problem that we have yet to address,” she said. “We’re hoping to, quite frankly, save lives – the lives of these young men, and perhaps someone else in the community. But our work is far from done.”

Peterson said the problem isn’t just isolated to Ypsilanti – it’s something happening nationwide. He noted that the funding for this request is coming from the Child Care Fund reserves, but it’s unclear where funding will come from in the future. It could be a budget that inflates much higher, because the county has an obligation to provide services to all youth in need, he said.

Peterson suggested that the county administrator, Verna McDaniel, and the county board chair, Yousef Rabhi (D-District 8), work with staff to identify budget projections and future demand for services. If there’s a trend, the board should be aware of it well in advance, he said. “This is not going to be a gang haven,” he said. “The is not the Wild West.” Washtenaw County has the reputation as a great place to raise children, and they need to maintain that, Peterson added.

Jackson offered to make a presentation to the board with more details about the responses that are being planned. He said he’d spoken with three different mothers who had noticed that their sons were changing, but who couldn’t find help until the situation had escalated. That’s what needs to be addressed, he added – how to structure something in this community that will align the human services with the real issues that need attention.

Conan Smith (D-District 9) drew attention to the fact that fund balance is being used. The CCF fund balance will be depleted by two-thirds with just this one allocation, he noted. It’s an important allocation, and the kind of thing that fund balances are used for, he added. “But we’re doing it regularly now – dipping into departmental fund balances for programmatic expenditures.”

At the same time, Smith noted, the board is set to add money to the general fund reserves. He expected to see other proposals from departments later this year, also requesting to use their departmental fund balances. “This is a fiscal policy question that we really ought to be grappling with,” Smith said.

McDaniel pointed out that it’s actually a $1.3 million problem – the county’s $642,707, plus an equal amount that will be reimbursed by the state.

Outcome: Commissioners unanimously approved the Child Care Fund budget amendment.

Mid-Year Budget Adjustments

Commissioners were asked to pass a resolution making mid-year budget adjustments and allocating this year’s higher-than-expected property tax revenues, as well as a $3.9 million surplus from 2013.

County administrator Verna McDaniel.

The adjustments increased the general fund budget’s expenses and revenues by $720,486 for 2014, $733,233 for 2015, $745,980 for 2016 and $758,727 for 2017. The county operates on a four-year budget, with the fiscal year matching the calendar year.

The adjustments also followed the recommendation of county administrator Verna McDaniel, and set aside the $3,920,818 surplus from 2013 in unearmarked reserves, rather than spending it. The projected year-end 2014 fund balance is $20,638,675. The county board had previously approved a goal of holding a fund balance equal to 20% of its general fund budget. For 2014, the general fund budget is $103,127,202. [.pdf of staff memo and mid-year budget resolution]

In addition, the following mid-year budget adjustments were made to the general fund:

• Structural adjustments resulting in a $494,677 increase in expenditures for (1) providing employee health care coverage for autism; (2) a consultant to help with the board’s budget priority work, (3) a “local government initiatives” intern; (4) reinstatement of two full-time equivalent positions in the sheriff’s office; and (5) salary adjustments for non-union employees.
• Non-structural, one-time, adjustments that increased expenditures by $65,000 for homelessness initiatives.

The administration recommended that the remaining $160,809 be held as an undesignated allocation until budget projections improve as new information becomes available. The administration will present a second-quarter budget update at the board’s next meeting on Aug. 6, 2014.

Mid-Year Budget Adjustments: Board Discussion

Dan Smith (R-District 2) noted that it’s been less than three months since Raman Patel, the county’s equalization director, told the board about higher-than-expected tax revenues, which resulted in about $750,000 more revenue this year than had been budgeted for 2014.

Dan Smith (R-District 2).

Now, the board is already spending almost $600,000 of that surplus, which hadn’t been included in the original 2014 budget, Smith noted. There is no shortage of things to spend this money on, he continued, including over $234 million in unfunded liabilities “which we have no particular plan to pay for, other than amortizing payments over 26 years – something that our actuary is recommending against us doing.” The actuary would like to see that amount amortized over a much shorter period of 10 years.

Smith said he had no problem with making technical budget adjustments as they come along. But one of the reasons to have a four-year budget is to have a plan and then execute that plan, Smith said.

If the board wants to “be constantly in budget mode,” he said, then they could simply have a one-year budget. Unless there’s an emergency situation or deadlines that are outside of the county’s control, he thought it would be more appropriate to make these changes in the fall, during the board’s annual budget reaffirmation process.

There was no additional discussion on this item.

Outcome: The budget adjustments were passed on a 6-2 vote, over dissent by Dan Smith (R-District 2) and Conan Smith (D-District 9). Andy LaBarre (D-District 7) was absent.

County Parks & Rec Millage

The board was asked to pass a resolution that would authorize putting a proposal on the Nov. 4, 2014 ballot to renew a 10-year countywide parks and recreation operations millage.

Bob Tetens, director of Washtenaw County parks & recreation.

The resolution on July 9 was for an amended version, compared to a resolution given initial approval on May 21, 2014. That’s because some state-mandated information had inadvertently been left off the proposed ballot language in the original resolution, according to a staff memo. [.pdf of staff memo]

The operations millage was first authorized by voters in November 1976 at 0.25 mills for a 10-year period and has been renewed three times. Because of the state’s Headlee amendment, the rate that’s actually levied has been rolled back and is now 0.2352 mills. The current millage expires in December 2016.

If renewed again, it would generate an estimated $3.4 million annually – or about half of the parks & rec annual operating expenses. Other revenue sources are admission/gate/membership fees charged seasonally at facilities including the Meri Lou Murray recreation center, the water/spray parks, and the Pierce Lake golf course. Funding is also received from state and federal grants as well as private donations.

The county parks system receives most of its funding from two countywide millages. In addition to the operations millage, another millage pays for capital improvements and park development. It was also originally levied at 0.25 mills, but has been rolled back to 0.2367 mills.

In addition, a third millage – levied at 0.25 mills but rolled back to 0.2409 mills – funds natural areas preservation, bringing in about $3 million annually. It was first approved by voters in 2000, and renewed for another 10 years in 2010.

The county’s parks & recreation department is overseen by a separate entity – the parks & recreation commission – whose members are appointed by the county board. The county board has the authority to put a parks millage proposal on the ballot, but does not authorize expenditure of the funds. That responsibility rests with the parks & recreation commission. The group meets monthly at the parks & recreation office at County Farm Park, and its meetings are open to the public.

County Parks & Rec Millage: Board Discussion

Conan Smith (D-District 9) advocated for support of this millage in November. The county parks & recreation commission has done incredible things, he said. [Conan Smith serves on the commission, along with Dan Smith (R-District 2) and Rolland Sizemore Jr. (D-District 5).] There’s a park or preserve or recreation facility in nearly every community throughout Washtenaw County, and most of the county facilities are free to the public, he noted. The parks & rec commission also leverages funds from the state, Smith added, on projects like the Border to Border trail. It’s worthy of the continued support of county citizens, he concluded.

Yousef Rabhi (D-District 8) said he hears a lot from people around the state and nation about how unique the county parks & rec system is. He also supported the millage renewal.

Outcome: The board unanimously approved placing the millage renewal on the Nov. 4, 2014 ballot.

Appointments

There were two sets of appointments on the July 9 agenda – for a road funding committee, and the board of public works.

Appointments: Road Funding Committee

Commissioners were asked to approve appointments to a new committee that’s charged with exploring funding options for road repair.

The board had created the road funding committee on June 4, 2014, after debating whether to levy a countywide road millage or put a millage proposal on the Nov. 4, 2014 ballot to fund road repair. The final vote to create the committee had been 6-1 vote, over dissent from Conan Smith (D-District 9). Commissioners Yousef Rabhi (D-District 8) and Dan Smith (R-District 2) were absent.

In arguing against levying a tax at that time, some commissioners cited the need to study funding options – including a possible Act 283 levy, which doesn’t require voter approval – before making a decision.

On July 9, Rabhi proposed an amendment to his original resolution, adding two new slots – one for the director of the Washtenaw Area Transportation Study (WATS), and one for an additional county commissioner slot, to make it an odd-numbered roster.

Rolland Sizemore Jr. (D-District 5) wondered why nine members were needed. Rabhi said he wanted to add the WATS representation because that group has been doing a lot of work on the road funding issue, and would like to participate. “It’s less a matter of the number of people, and more a matter of who we have at the table,” Rabhi said.

Outcome on amendment: Commissioners approved the amendment on a voice vote.

The following members were nominated by Rabhi:

• Lew Kidder, representing the general public
• Bill McFarlane, representing the road commission
• Roy Townsend, managing director of the road commission
• Rolland Sizemore Jr., the county board of commissioners’ liaison to the road commission
• Dan Smith, county commissioner
• Kent Martinez-Kratz, county commissioner
• Rodrick Green, Superior Township trustee, representing townships
• Steve Powers, Ann Arbor city administrator, representing incorporated municipalities
• Ryan Buck, director of the Washtenaw Area Transportation Study (WATS)

The resolution directs the committee to meet within 60 days of this appointment to elect officers and draft bylaws. The committee is to report to the county board at its Sept. 17, 2014 meeting, and make quarterly updates after that with a final report due in December 2015.

The county administrator will help provide administrative support to the committee.

For additional Chronicle coverage on road-related issues, see: “County Board Continues Weighing Road Tax,” “County Board Debates Expanded Road Commission,” “County Board Sets Hearing on Road Tax,” “County Considers Road Funding Options,” “No Major Change Likely for Road Commission” and “Group Explores Road Commission’s Future.”

Outcome: Commissioners unanimously approved the appointments to the road funding committee.

Appointments: Board of Public Works

Yousef Rabhi nominated Steve Feinman to the county’s board of public works for the remainder of a three-year term ending Dec. 31, 2015.

According to the department of public works website, the board of public works “focuses on assisting local communities within Washtenaw County in addressing environmental and public health issues and development needs, including wastewater disposal and collection, water treatment and supply, lake management, and solid waste management.”

There was no discussion on this appointment.

Outcome: Feinman’s appointment was made on a unanimous vote.

Public Hearings: Act 88, Veterans Relief Millages

The board held two hearings on July 9 related to millages that the county plans to levy later this year: (1) for support of indigent veterans and their families; and (2) to fund economic development and agricultural activities.

Kent Martinez-Kratz (D-District 1).

For support of indigent veterans, the county’s position is that it is authorized to collect up to 1/10th of a mill without seeking voter approval. That’s because the state legislation that enables the county to levy this type of tax – the Veterans Relief Fund Act, Public Act 214 of 1899 – predates the state’s Headlee Amendment. The county first began levying this millage in 2008, and collects the tax in December. Services are administered through the county’s department of veterans affairs.

Since 2008, the county board has slightly increased the rate that it levies each year. In 2012, the rate was 0.0286 mills – or 1/35th of a mill. It was raised to a rate of 1/30th of a mill in December 2013, to fund services in 2014.

The current proposal is to levy 1/27th of a mill in December 2014, which is expected to raise about $540,887 in revenues for use in 2015.

No increase is proposed for the economic development millage, levied under Act 88 – another pre-Headlee law. The proposal is to levy 0.07 mills in December 2014, raising an estimated $1,022,276 in property tax revenues. In previous years, the resolution setting this millage has outlined how the revenues would be allocated. The largest allocations have gone to the county’s office of community & economic development, and to the nonprofit Ann Arbor SPARK.

However, at its Nov. 6, 2013 meeting, the board adopted a new policy for allocating Act 88 revenues, drafted by Conan Smith (D-District 9). [.pdf of Act 88 policy] The policy included creating an Act 88 advisory committee to make recommendations to the board and prepare an annual report that assesses how Act 88 expenditures have contributed toward progress of goals adopted by the board. The policy allows the committee to distribute up to 10% of annual Act 88 revenues without seeking board approval. The policy also allocates up to 30% of revenues to the county office of community & economic development, which administers Act 88 funding.

On July 9, only one person – Thomas Partridge – spoke at these public hearings. He endorsed the veterans relief millage, and questioned whether it would provide sufficient support for indigent veterans. He also questioned whether the amount levied under the Act 88 millage was sufficient for a county this size.

Outcome: This was not a voting item. A vote to levy these millages would be made at a future meeting.

Task Force on Homelessness

Commissioners were asked to accept the report and recommendations of a task force that’s been working on a funding strategy to help end homelessness. The resolution also sunsets that task force.

Felicia Brabec (D-District 4).

The leadership group for the Task Force on Sustainable Revenues for Supportive Housing Services to End Homelessness made a presentation at the board’s May 22, 2014 working session. Their recommendations include the goal of building a $50 million endowment over 20 years. Payouts from the endowment would fund supportive services – such as treatment for mental illness and substance abuse – with the intent of addressing the root causes of homelessness. The concept is called permanent supportive housing, and is part of the community’s broader Blueprint to End Homelessness, which was created in 2004 and is being updated.

A possible millage – recommended at 0.25 mills, for no more than 20 years – would help fund supportive services while the endowment is built. County commissioners are being asked to consider putting such a millage on the ballot, possibly in 2015.

Several steps have already been taken to achieve these goals. An endowment was established in 2011, with $2.1 million in commitments so far. That amount includes a $1 million gift from the St. Joseph Mercy Health System to create the endowment, which is called the Sister Yvonne Gellise Fund for Supportive Services for Housing. Gellise is the former CEO of St. Joe’s. She served on the task force and is a founding board member of the Washtenaw Housing Alliance. Another $1 million commitment comes from the Ann Arbor Area Community Foundation (AAACF), where the endowment is housed. AAACF CEO Cheryl Elliott is another task force member. In addition, an anonymous donor has contributed $100,000.

The first fund distribution – of $26,100 – will be made this fall in a competitive grant process. AAACF’s distribution committee – an all-volunteer group – will be responsible for making grant recommendations.

AAACF is also helping provide a three-year, part-time development job to support fundraising for this endowment. Funding for the position will come from the Washtenaw Housing Alliance ($25,000), the AAACF ($5,000) and an anonymous donor ($10,000).

The foundation posted the position earlier this summer, with the intent of making a hire as soon as possible. The position would be in place until at least mid-2017. The employee will report to AAACF’s vice president for development and donor services, and to the Sister Yvonne Gellise Fund development committee. Members of that committee are the same people who’ve served on the leadership team of the task force, Elliott said. In addition to herself, members include Bob Chapman, Sister Yvonne Gellise, Bob Guenzel, Norm Herbert and Dave Lutton.

There was no discussion on this item at the July 9 meeting.

Outcome: Commissioners unanimously voted to accept the report and sunset the task force.

Public Health Accreditation

Mark Miller, director of local health services with the Michigan Dept. of Community Health, attended the July 9 meeting to talk about the accreditation process that the Washtenaw County public health department completed earlier this year. [.pdf of letter from Dept. of Community Health director]

Washtenaw County health officer Ellen Rabinowitz and sheriff Jerry Clayton.

Miller thanked commissioners and staff, including county health officer Ellen Rabinowitz and retired health officer Dick Fleece, who both attended the July 9 meeting. Miller presented certificates of accreditation, and praised the achievement. It’s the fifth cycle that Washtenaw County has completed, passing stringent standards in the accreditation program, he said. The standards are hard to meet, Miller added, especially when budgets are tight.

Ten program areas were reviewed, and of 140 indicators, the Washtenaw County health department only missed one, Miller reported. “I don’t get to go to too many counties and get to say that – generally, [other counties] miss quite a few more.” Washtenaw County eventually achieved 100%, he noted.

Washtenaw County also passed an optional quality improvement supplement, which only about half of the health departments in Michigan have achieved, Miller reported. It means the county has a comprehensive program for improvement.

“This performance is no fluke,” Miller told commissioners. The Washtenaw County health department maintains many partnerships, which allow it to leverage resources and provide better services for residents. That’s admirable, he said.

Miller highlighted several comments included in the accreditation report, including praise for the health department’s website and for support from county commissioners for initiatives like breastfeeding-friendly policies. He called out Sharon Sheldon, the program administrator for health promotion and disease prevention, for her unit’s work. Special recognition is deserved for the HIV/STD program, the report noted, because client return rates for HIV test results have exceeded 96%. Programs in hearing and vision care were also commended, as was the food safety unit, overseen by Kristen Schweighoefer, and several other programs. Miller also noted that Washtenaw County is a pioneer in trying to manage requests for vaccine waivers.

Miller concluded by saying the state was very impressed by the county health department’s efficient and innovative programs. “You guys have a really terrific health department here,” he said.

Board of Health

A resolution to create a board of health was originally on the board’s June 4, 2014 agenda for final approval, but was postponed until the July 9 meeting. The entity would provide advice on public health issues for the county. Commissioners had given initial approval to the item at their May 21, 2014 meeting.

A description of the board’s duties is outlined in a staff memo that accompanied the resolution:

The purpose and role of a Washtenaw County Board of Health will be to identify public health problems and concerns in the community, establish health priorities, and advise the Board of Commissioners and the Health Department on issues and possible solutions. The Board of Health will serve as advocates and educators for public health services and policies. The Board of Health will provide oversight and guidance to the Health Department, and will recommend a program of basic health services to the Board of Commissioners.

The new Board of Health will have the authority to hear appeals and requests for variances from the local public health and environmental regulations established under the Public Health Code. The Board of Health will have the authority to hear appeals regarding the suspension or revocation of food service licenses.

The resolution creating the health board also dissolves an existing environmental health code appeals board and the hearing board for the Health Department Food Service Regulation. The duties of those boards would be absorbed by the new health board. [.pdf of staff memo]

The recommended size is 10 members, including one ex-officio representative from the county board of commissioners. According to the staff memo, appointments could represent “health service delivery (physicians, dentists, mental health practitioners, administrators); environmental health and conservation, land use planning, food service and nutrition, academia, K-12 education, philanthropy, social service delivery, legal services, and consumers of public health services.”

Members would be compensated for attending each meeting. The total cost for the health board, including in-kind staff support, is estimated at $19,000 annually. The board of health would be expected to convene for the first time in October 2014.

Ellen Rabinowitz, the county’s public health officer, attended the July 9 meeting but did not formally address the board.

Board of Health: Board Discussion

Conan Smith (D-District 9), who had moved to postpone the resolution last month without explanation, told commissioners on July 9 that he had distributed three amendments to the board via email. All of them are making additions to the resolution, he said.

Conan Smith (D-District 9).

Smith noted that commissioners have talked about a board of health taking a leadership role in the county, coordinating public health responses across many agencies. He thought it was important for the board of health to think actively about its role as a coordinator, so one of his amendments included that sentiment in a whereas clause.

Smith also proposed adding two resolved clauses. One clause clarified the roles and expectations of the board of health, to do three things: (1) develop and oversee the strategic plan for the department of health; (2) recommend the annual budget to the county administrator; and (3) work with the county administrator to evaluate the performance of the county public health officer.

The second additional resolved clause is to ensure that the bylaws that will be developed for the board of health will be brought to the county board of commissioners for review and approval. “That’s the document that’s truly going to delegate any authorities that we have from this board,” Smith said.

There was no discussion on these amendments.

Outcome: Smith’s amendments were approved on a voice vote.

There was no additional discussion.

Outcome: On a 7-1 vote, commissioners approved creation of a board of health, over dissent from Rolland Sizemore Jr. (D-District 5). Andy LaBarre (D-District 7) was absent.

Later in the meeting, Ronnie Peterson (D-District 6) said that establishing the board of health is a major step in improving the health for residents of this community, especially children.

Communications & Commentary

During the July 9 meeting there were multiple opportunities for communications from the administration and commissioners, as well as public commentary. In addition to issues reported earlier in this article, here are some other highlights.

Communications & Commentary: Budget Work

Felicia Brabec (D-District 4) reported that Susan McGraw has been hired as a consultant to work with the board on its budget priorities. That work will kick off later this month, she said.

Communications & Commentary: Taubman Fellowship

Yousef Rabhi (D-District 8) reported that he’d learned a lot earlier this summer at Harvard University’s Program for Senior Executives in State and Local Government at the John F. Kennedy School of Government. Ronnie Peterson (D-District 6) pointed out that Rabhi had received the Taubman Fellowship for Executive Excellence, which is given to selected officials and staff through the Southeast Michigan Council of Governments (SEMCOG). Peterson said that to be chosen for a fellowship is one of the highest recognitions that SEMCOG awards. “We should be honored to know that Washtenaw County and a Washtenaw County commissioner was selected,” Peterson said, joking “I just don’t know why they didn’t ask me.”

Arthur Williams, who retired as principle of Huron High School after 19 years in that position.

Communications & Commentary: Proclamations

Several proclamations were given during the July 9 meeting.

Communications & Commentary: Proclamations – Retirements

Board chair Yousef Rabhi (D-District 8) presented a proclamation honoring Arthur Williams, who is retiring as principal of Huron High School in Ann Arbor. [.pdf of Williams' proclamation]

Rabhi noted that he graduated from Huron High School “and Dr. Williams was my principal!” Williams was also a neighbor to Rabhi’s family as Rabhi grew up, so he knows Williams well. Williams has served as principal at Huron High since 1995.

Williams spoke briefly. As educators, he said, “we touch the future.” Many times they don’t know what the effects are of what they do in the schools, he added. Williams noted that Martin Luther King said everyone can be great, because everyone can serve. Williams said his goal has been to try to make this world a better place, by helping raise young people and families, and by trying to make an impact on lives.

He received a round of applause from commissioners and staff.

The board also made a proclamation to Mary Sue Coleman, who recently stepped down as president of the University of Michigan. Coleman did not attend the July 9 meeting.

Communications & Commentary: Proclamations – Ironworkers, UA

Mary Kerr, president of the Ann Arbor Visitors & Convention Bureau, was on hand to receive a proclamation welcoming the Ironworkers International annual instructor training program, which ran from July 12-18 this year. That program, held at Washtenaw Community College, brought in about 700 participants and an estimated economic impact of $2 million. It’s their fifth year holding the program in Washtenaw County. [.pdf of Ironworkers proclamation]

Mary Kerr, president of the Ann Arbor Visitors & Convention Bureau.

The board also gave a proclamation welcoming the United Association (UA) of plumbers and pipefitters for their 61st annual training program. For the past 25 years, that program has been held in Washtenaw County. [.pdf of UA proclamation]

This year, the program runs from Aug. 9-15, also on the WCC campus, bringing about 2,400 participants to the county with an estimated economic impact of $5 million.

Kerr noted that the county also hosts the training week for the National Joint Apprenticeship and Training Committee (NJATC) for the Electrical Industry. This year is a milestone for all three groups, she said. NJATC is in its 25th year and has been coming to Washtenaw County for six years. This year, the NJATC National Training Institute runs from July 26-Aug. 1 at the University of Michigan, and expects a 15% increase in participation compared to last year, Kerr reported.

Kerr said that a conservative economic impact estimate for all three programs is $12 million. “This is new spending in our community – spending that wouldn’t be here if these three training programs were not here,” she added. The spending is on hotels, restaurants, recreation, entertainment, shopping and transportation.

Her goal is to keep these events in Washtenaw County by providing a high level of service and making sure the unions know that they’re appreciated by the community. She thanked commissioners for their continued support.

Communications & Commentary: Proclamations – Gun Safety

The board passed a proclamation declaring July 20-26 as Gun Safety Week in Washtenaw County. [.pdf of gun safety resolution] The goal is to increase public safety “by raising awareness and educating residents of Washtenaw County about how to keep themselves and their families safe.”

During the week, local law enforcement agencies will be providing free gun locks and gun safety information. More information about the week is provided on the county’s website.

Communications & Commentary: Public Commentary

Speaking during public commentary, former Congressman Wes Vivian told commissioners that until four years ago, the U.S. had laws that prohibited or limited contributions by corporations to candidates for political office.

Former Congressman Wes Vivian.

But four years ago, the U.S. Supreme Court overturned those laws in the Citizens United decision, he said. Now, “corporations are sloshing big money into our elections at all levels,” Vivian said. Polls show that about 90% of U.S. citizens oppose that Supreme Court decision. Furthermore, almost 20 state governments have asked the U.S. government to enact a constitutional amendment to overturn the Citizens United decision. “To date, the state of Michigan has not done so, even though it’s been asked to,” Vivian noted.

The Ann Arbor and Ypsilanti city councils have asked Michigan’s government to take action on this issue, Vivian said. But so far, the state legislature has refused to bring it up for a vote, he added. He asked the county board to place a proposal on the Nov. 4, 2014 ballot enabling Washtenaw County voters to ask the state to support a constitutional amendment to overturn Citizens United. He didn’t have suggested wording for such a ballot proposal, but said he’d be glad to work on it.

Yousef Rabhi (D-District 8), the board’s chair, thanked Vivian and said he hoped the board would take action of some sort at a later date. It was an issue about the sustainability of this nation’s democracy, he said.

Conan Smith (D-District 9) also thanked Vivian for raising this issue. The idea of corporate personhood has raised many challenges, he said, “and the notion that just regular citizens are somehow second class in our decision-making process has got to be pre-empted.” It’s incumbent upon elected officials and the county board as a body of elected officials to take a stand, he said. Smith liked the idea of asking county residents to weigh in, saying it would send a great signal to people throughout the state and nation.

Ruth Ann Jamnick also addressed the board during public commentary. She pointed out that she’s one of the four candidates in the Aug. 5 Democratic primary election for the District 5 seat on the county board. She provided a handout with information about her experience and accomplishments.

Ruth Ann Jamnick.

Referring to the board’s discussion about juvenile crime earlier in the evening, Jamnick noted that she had been involved in addressing similar issues years ago in Ypsilanti Township. What makes it different now are the ages of the young people who are involved, she said. At that time, it was youth in their late teens – but now, the youth who are creating these problems are younger. It’s important to make some changes and address these issues. She also noted that the situation isn’t isolated to Ypsilanti Township.

Jamnick concluded by thanking Rolland Sizemore Jr., the district’s current commissioner, for his work.

Earlier this year, Sizemore announced that he did not intend to seek re-election. In addition to Jamnick, the three other Democratic candidates are Victor Dobrin, Wilma Gold-Jones, and Keith P. Jason. The winner of that primary will face Republican Timothy King in the Nov. 4 general election. King is unopposed in the primary.

Thomas Partridge introduced himself as a recent candidate for the state legislature. He urged the public to elect Democrat Mark Schauer as governor in November, and to address the critical needs of affordable housing, public transportation, human rights and health care in Washtenaw County. Too many residents are vulnerable and don’t have the services they need, he said. He criticized the county board’s agenda for not including items that address ending homelessness, providing affordable housing and access to countywide public transportation, and supporting better health care and education for adults. These should be priorities for the board, he said.

Present: Felicia Brabec, Kent Martinez-Kratz, Ronnie Peterson, Alicia Ping, Yousef Rabhi, Rolland Sizemore Jr., Conan Smith, Dan Smith.

Absent: Andy LaBarre.

Next regular board meeting: Wednesday, Aug. 6, 2014 at 6:30 p.m. at the county administration building, 220 N. Main St. in Ann Arbor. The ways & means committee meets first, followed immediately by the regular board meeting. [Check Chronicle event listings to confirm date.] (Though the agenda states that the regular board meeting begins at 6:45 p.m., it usually starts much later – times vary depending on what’s on the agenda.) Public commentary is held at the beginning of each meeting, and no advance sign-up is required.

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Only five members of the nine-member Ann Arbor planning commission were present on July 15, so Wendy Woods was alone on her side of the table. She was later elected chair of the commission, and moved to a different seat to preside over the meeting. (Photos by the writer.)

Developer Tom Fitzsimmons and his partners Peter Allen and Mark Berg were assured that the city council would be informed of the circumstances under which the vote was taken.

The plans call for 22 condos in two new structures and an existing building. The request is for approval of a site plan, development agreement and rezoning – from a planned unit development (PUD) to D2 (downtown interface district). The PUD, which has expired, was for a larger development on that same site that was never built – Peter Allen’s Kingsley Lane.

The tallest building at 121 Kingsley West would be 58.4 feet high – just under the 60-foot height limit for D2 zoning.

In other action on July 15, commissioners elected new officers for the coming fiscal year, which began on July 1. Wendy Woods was unanimously elected to serve as the commission’s chair, replacing Kirk Westphal. She has served as vice chair for the past two years. Ken Clein, who has served as secretary, was elected vice chair, replacing Woods in that position. Westphal reported that Jeremy Peters had expressed interest in serving as secretary, though he did not attend the July 15 meeting. Peters was unanimously elected to that position. None of the officer elections were contested.

Planning commissioners also unanimously adopted a master plan resolution and list of resource documents used to support the master plan. This is part of an annual evaluation of the master plan that’s required by the commission’s bylaws. There are no significant changes. Separately, they voted to approve the FY 2015 work program, which planning manager Wendy Rampson characterized as ambitious.

121 Kingsley West

The July 15 agenda included a request to recommend rezoning of 121 W. Kingsley, as well as a site plan and development agreement for a 22-unit condo development called 121 Kingsley West.

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

The development would include renovating the existing two-story, 2,539-square-foot building, plus constructing two additional buildings above a common parking deck: (1) a 3.5-story addition to the existing building on the south; and (2) a 4.5-story structure at the west side of the site, at West Kingsley and North Ashley. In total, the development would include 22 units and 40,689 square feet.

The tallest building would have a height of 58.4 feet, which is slightly below the 60-foot maximum allowed in that zoning designation.

The project calls for rezoning the site from a planned unit development (PUD) to D2 (downtown interface). The site is surrounded by other D2-zoned parcels on the east, west and south sides. Across the street to the north, the land is zoned R4C, where mostly one- and two-story homes are located. To the west are also one- and two-story homes, though the land is now zoned D2. To the east, most of the homes along Main Street have been converted to offices. And to the south along Catherine and Ashley is a newer office building.

Developer Peter Allen.

Currently, the site includes a two-story brick building on the northeast corner, with a parking lot on the south half of the lot. The far northwest corner of the site, at Kingsley and Ashley, has never been built on, according to Jill Thacher, who gave the planning staff report.

One curbcut is proposed off of Kingsley, which would lead into the parking area between the buildings. There would be 29 “formal” 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, compared to allowable by-right square footage. If premiums were not sought, no parking would be required for D2 zoning.

An elevator for each new building will be accessible from the parking level. The parking level of the east building will include a bike room with 14 spaces, plus three other bike spaces elsewhere in the garage.

Ten street trees will be planted along the Kingsley and Ashley front lot lines, and interior landscaping will be provided.

The developers are requesting that the city change the designation for the street frontage from “front yard,” which has a 15-foot minimum setback, to “secondary street,” which has a zero to 15-foot setback. The proposed new setbacks would be for a 7.35-foot setback on West Kingsley and an 8-foot setback on South Ashley.

Jill Thacher of the city’s planning staff.

Thacher reported that the project was evaluated by the city’s design review board on March 19 and determined that it generally met the intent of the downtown design guidelines. The main objection from board members was their perception of a weak connection between the proposed design of the new building and the existing two-story building.

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]

The estimated cost is $6.5 million.

Developers are Tom Fitzsimmons, Peter Allen and Mark Berg, who all attended the July 15 meeting. Fitzsimmons and architect Marc Rueter answered questions from commissioners.

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. Last year, 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. The PUD for Kingsley Lane had expired.

121 Kingsley West: Public Hearing

Two representatives of the developers were the only speakers during the public hearing. Tom Fitzsimmons said that he and his partners – Mark Berg and Peter Allen – were excited to bring new housing to the downtown area. Allen and Berg have been working on a plan since 2003, he noted. The Kingsley Lane project was a previously approved PUD, with mostly housing. It was 105 feet tall with nine stories, he said.

From left: Architect Marc Rueter and developer Tom Fitzsimmons.

Fitzsimmons pointed out that he’s done a lot of work in the near downtown area, in both R4 and D2 zoning districts. He thought this project was a good one, in terms of meeting the D2 zoning guidelines, and providing a design that transitions from the near-downtown neighborhoods to the downtown. He hoped the project would receive a recommendation of approval.

Architect Marc Rueter described the design concept. The first objective was to introduce the site to traffic coming off of Kingsley, with the parking almost completely hidden from view. One of the comments from the design review board was that there should be “a little more interest” from Kingsley, he said. At that time, there were fewer windows and no balconies on that side. Since then, the design has been revised to add more balconies and windows on the north side facing Kingsley. Also, some of the materials have been changed from brick to a very dark porcelain tile on the main building.

Rueter also pointed out that the trash dumpsters are completely enclosed in a garage that will be opened on trash day. The mechanical equipment is also completely concealed, he said.

One of the project’s objectives was to try to get as much pedestrian connection to the site as possible, Rueter explained. So there’s a small stairway and ramp coming off Kingsley, leading to a community area on the site. Pedestrians can also enter off Ashley, or off of the alley, which Rueter said would be a good place for pizza delivery, mail, and other service deliveries. All the pedestrian entrances come together in the center of the site, where there’s a fairly large community deck.

121 Kingsley West: Commission Discussion

Before beginning the discussion, Wendy Woods noted that because only five commissioners were present, it would not be possible to achieve the six votes necessary for a recommendation of approval. She characterized that outcome as a “technical denial,” and noted that the council would be aware of the circumstances.

Planning commissioner Diane Giannola.

Diane Giannola asked if the existing brick building is historic. Jill Thacher of the city’s planning staff replied that it was built in 1947, and isn’t located in an historic district. So it’s not considered historic.

Giannola then asked whether the units would be apartments or condominiums. Tom Fitzsimmons from the development team said they planned to market the units as condos. The old building will be converted into one condominium unit, although they’ll be flexible if there’s not the demand for that. He said the project has received a lot of interest from people who want to live downtown.

Kirk Westphal asked about floor-area ratio (FAR). FAR – a measure of density – is the ratio of the square footage of a building divided by the size of the lot. A one-story structure built lot-line-to-lot-line with no setbacks corresponds to a FAR of 100%. A similar structure built two-stories tall would result in a FAR of 200%.

The 121 Kingsley West project has a proposed 247% FAR. The maximum allowed by right is 200%, and the maximum with premiums is 400%. Thacher pointed out that the project doesn’t use all the available premiums – only the premiums given for residential development. Planning manager Wendy Rampson explained that it’s not possible to achieve 400% FAR using only the residential premiums.

Planning commissioner Wendy Woods.

Westphal noted that it would be possible to achieve a higher FAR, and also pointed out that the project has parking spaces far in excess of the requirements. He asked if the developer would like to comment.

Fitzsimmons replied that they’re designing a building to fit well within the scale of the area. Some of the constraints are the basic zoning guidelines of height, setbacks and other design aspects. They’re keeping the existing building on site, so the design is based around that. “We looked at the whole thing as a package,” he said. They are not trying to max out every possible square foot.

In developing condominiums, there are tradeoffs, Fitzsimmons said. They have to make sure there’s enough available parking, which isn’t as critical if you’re marketing apartments. It would be nice if everyone who lived downtown didn’t have cars, he added, “but that’s just not reality where we’re at.”

Building codes are another issue, he noted. That includes how the project deals with elevator access to the upper floors, and how the mezzanine level is handled. The top floor is really a mezzanine, he explained – covering one-third of the floor below it. That was done so that the top floor wouldn’t visually overwhelm the area, Fitzsimmons said. It’s similar to the Liberty Lofts building on the Old West Side, which also has many two-story homes on two sides.

So they’re not trying to maximize square footage, Fitzsimmons said, but rather they’re trying to do something appropriate within the existing constraints.

Westphal said he appreciated the effort to tuck away the parking.

Eleanore Adenekan clarified with Fitzsimmons that a condo association would be responsible for snow removal.

Developer Tom Fitzsimmons.

Responding to another query from Adenekan, Fitzsimmons explained that units will range between 1,100 and 2,400 square feet. Each condo will have either one or two spaces of dedicated parking, based on the size of the condo. Additional parking spaces will be available on the site. Fitzsimmons noted that Ashley has on-street parking, unlike his other development on North Main Street.

Ken Clein asked about the height. He noted that the zoning allows for streetwall height of two stories minimum and three stories maximum. The zoning comparison chart provided in the staff report lists the project’s streetwall height at three stories. But to him, the streetwall for the building along Ashley looked more like five stories.

Thacher explained that the zoning code has a provision that allows the streetwall height to be averaged. Rueter described it as “an extremely complex site, and zoning is usually written for flat sites.”

Zoning code allows a project to establish an average grade throughout the site by taking into account all the different grades on the site. Everything in the development that’s more than 50% lower than the average grade is considered a basement, he said. It doesn’t count as a story, in terms of calculating height. The building’s plinth establishes the grade line for the first story, he said.

Rueter further explained that the zoning requires a specific setback, but it also allows a project to average that setback. So that’s what this project is doing, he said. That allows them to slightly decrease the mass on the north and south sides.

Clein replied that it still seems like it’s four stories from the plinth – in the renderings, there are four sets of windows going up, he noted. Rampson further clarified that because it’s on a corner lot, they’re allowed to apply the streetwall setback – the setback that starts at the top of the building’s streetwall – to both the Ashley and Kingsley frontages. The developers chose to have no streetwall setback for a portion of the streetwall on Ashley. They’re applying that displaced setback on the Kingsley side, and elevating a portion of the building on the south side. The city’s code didn’t anticipate how to treat a corner lot, she said. Rampson acknowledged that it was hard to describe.

From left: Planning manager Wendy Rampson, and planning commissioners Kirk Westphal and Wendy Woods.

Fitzsimmons noted that the code allows for some flexibility in how to do the setback. Rueter added that a uniform 5-foot setback is not necessarily the best way to utilize decks or public space, or to achieve a strong building facade.

Clein stressed that he liked the design, “but I’m imagining that neighbors or other people will look at that and say ‘That doesn’t look like a three-story wall to me.’”

Clein also clarified with staff that the LEED premiums would be “LEED equivalent” – that is, there’s no requirement that they must be officially LEED certified. Thacher noted that the development agreement will include plans for how to reach that equivalent status, and how they’ll prove it before building permits are issued. Rampson added that a registered LEED professional will have to sign off on it, and it’s intended to be an objective evaluation. The premiums are awarded for “energy and atmosphere” points, she explained, not just general LEED points.

As is his habit, Clein asked about the building materials that are proposed. Rueter replied that originally, the design called for brick on the lower level, to tie in with the existing building. But the design review board had suggested using a different material that would allow them to keep the existing building painted a dark green. So instead of stripping the paint off that building, they decided not to use brick on the other buildings, and instead chose a porcelain tile. Other materials include cementitious panel system, which would be painted a dark color, as well as a lighter-colored HardiPlank and corrugated steel.

Clein also clarified with staff that the stormwater management system will be detaining water underground until it infiltrates.

Wendy Woods said she liked the dark green color of the existing building, saying it reminded her of California. Rueter said the color scheme is taken from Aubrey’s and Sidetrack in Ypsilanti’s Depot Town.

Outcome: Commissioners voted unanimously to recommend approval of the rezoning, site plan and development agreement. However, only five commissioners were present, so it failed to achieve the six votes needed for a recommendation of approval. It will be forwarded to the city council with a recommendation of denial, with an explanation of the attendance.

Officer Elections, Bylaws

The July 15 agenda included organizational items for the new fiscal year, which began July 1. The commission holds officer elections at this time each year. This was the first major item on the agenda.

The elections were held according to the commission’s bylaws:

Section 6. The election of officers shall be held at the first regular meeting in July, provided that if that meeting should occur on July 1, the election of officers shall be held at the next regular meeting.

Section 7. Nominations of officers shall be made from the floor, and the election shall be held immediately thereafter. Voting shall be by secret ballot when more than one candidate has been nominated for the office. If only one candidate has been nominated for the office, the election may proceed on a voice vote at the discretion of the Chair.

Section 8. A candidate receiving a majority vote of the entire membership of the Commission shall be declared elected and shall serve a term of one (1) year or until the candidate’s successor shall take office.

Kirk Westphal, who has chaired the commission for the past two years, presided over the meeting until the new chair was elected.

Kirk Westphal cast a vote during the July 15 meeting. He presided over the early part of the meeting as chair until Wendy Woods was elected to that position. Westphal is running for Ann Arbor city council in the Ward 2 Democratic primary against Nancy Kaplan.

Wendy Woods was nominated as chair. She has served as vice chair for the past two years. There were no other nominations.

Outcome: On a voice vote, Woods was unanimously elected chair, with no competing nominations.

Westphal and Woods switched seats, and Woods presided over the remainder of the meeting.

Ken Clein, who has served as secretary, was nominated as vice chair, to replace Woods in that position.

Westphal reported that Jeremy Peters had expressed interest in serving as secretary, though he did not attend the July 15 meeting. None of the officer elections were contested.

These three positions make up the commission’s executive committee.

Outcome: In separate voice votes, Clein and Peters were elected as vice chair and secretary, respectively.

This is also the time of year when the commission’s bylaws are reviewed. Planning manager Wendy Rampson introduced staff recommendations for changes to the bylaws, which had also been discussed at a July 8 working session. She noted that when revisions to bylaws are being considered, the commission must provide notice at a meeting before that potential action.

Planning commissioners had originally adopted revisions to their bylaws at a Feb. 20, 2014 meeting. Those changes related to two issues: how city councilmembers interact with the commission; and public hearings.

Revisions to bylaws require city council approval. However, the city attorney’s office did not forward the Feb. 20 changes to the council for consideration. There was no action until earlier this month, when assistant city attorney Kevin McDonald provided suggested revisions to the bylaws related to public hearings. Those were the changes that were presented to commissioners at their July 8 working session, and again at their July 15 regular meeting. [.pdf of revised bylaws regarding public hearings] [.pdf of bylaws staff memo]

The main changes are in Article VIII Section 5 [deletions in strike-thru, additions in bold]:

Section 5. At the discretion of the Chair, or by vote of a majority of the members present, public hearings may be continued to another date. meeting, but will not be deemed to be a new hearing but a continuation of the original. If a public hearing is continued, individuals who have not previously addressed the Commission during the public hearing may address the Commission following the requirements of Section 3. Individuals who have addressed the Commission previously during the public hearing may only address the Commission for additional time (as limited by Section 3) during the continued public hearing if the Chair, with the consultation of Planning and Development Services staff, determines that: 1) additional public feedback is necessary, or 2) a specific petition has materially changed since the date of the original public hearing date. Agendas for continued public hearings shall specify whether members of the public shall be granted additional time to speak.

There were no changes suggested for the revisions that were passed by planning commissioners on Feb. 20 related to interactions with city councilmembers. That revised section states:

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

Kirk Westphal asked for clarification of the process. Rampson explained that after commissioners discuss these revisions at their next meeting, if they adopt the changes then it will be forwarded to the council for consideration. The bylaws must be approved by the council before taking effect.

Outcome: This was not a voting item. The bylaws revisions will likely appear on the Aug. 6 planning commission agenda.

Master Plan Review

The July 15 agenda included a review of the city’s master plan and list of resource documents used to support the master plan. This is part of an annual evaluation of the master plan that’s required by the commission’s bylaws. No significant changes were proposed. [.pdf of master plan resolution]

From left: Planning commissioners Eleanore Adenekan, Ken Clein and Diane Giannola.

Seven documents constitute the city’s master plan: (1) sustainability framework, adopted in 2013; (2) parks and recreation open space (PROS) plan, as adopted in 2011; (3) land use element, as adopted in 2013 to add the South State corridor plan; (4) downtown plan, as adopted in 2009; (5) transportation plan update, as adopted in 2009; (6) non-motorized transportation plan, adopted in 2007; and (7) natural features master plan, adopted in 2004.

On July 15, the commissions were also asked to adopt a revised list of resource documents, with two new additions: (1) the climate action plan; and (2) the North Main/Huron River corridor vision report, which replaces the 1988 North Main Street corridor land use plan. Planning manager Wendy Rampson noted that commissioners had discussed making these additions at earlier meetings.

Commissioners had held a public hearing on a master plan update at their May 6, 2014 meeting, as part of this annual review process. Only one person – Changming Fan – spoke during the hearing, asking the commission to include his company’s technology in the master plan. The hearing continued on July 15, but no one spoke.

According to a staff report, in FY 2015 – which began on July 1, 2014 – the planning staff and commission will work to update the master plan in the following ways: (1) incorporating a right-of-way plan for Washtenaw Avenue; (2) developing a greenway plan for Allen Creek; and (3) revising the future land use recommendations for the North Main/Huron River corridor. They also will assist the Ann Arbor Downtown Development Authority in creating a streetscape framework plan and help city staff identify a locally preferred alternative for the connector high-capacity transit route.

Discussion was brief. Kirk Westphal asked about the sustainability framework action plan, and whether that would eventually become a resource document. Rampson replied that city staff had discussed using it internally as a way to organize the work of various commissions and staff, and to gauge how that work relates to achieving the sustainability goals. “I think it’s more of a communication tool,” she said. However, if the planning commission at some point feels that it’s important to include in the master plan’s resource documents, that would be an option.

Westphal characterized it as a work plan for all the commissions, in a way.

Ken Clein asked where the Reimagine Washtenaw initiative would fit. Rampson replied that a recently competed study of that corridor had recommended a right-of-way plan in order to implement the Complete Streets approach along Washtenaw Avenue. [.pdf of right-of-way study] One possibility would be to adopt a future right-of-way line, she explained, that could eventually allow for a bike lane or a high-capacity transit lane. It would set a mark from which building setbacks would be measured. So it’s listed as a future possibility for the master plan, she noted, as an amendment to the land use element or transportation plan.

Outcome: Commissioners unanimously passed the master plan resolution and update to the resource document list.

Annual Work Program

Commissioners were asked to approve the FY 2015 work plan. [.pdf of FY 2015 work plan]

Planning manager Wendy Rampson.

“This is your To Do list for the next year,” planning manager Wendy Rampson said. “It’s very ambitious.”

In addition to items that are related to the master plan, Rampson highlighted the affordable housing needs study, and the work of the affordable housing subcommittee. That group includes planning commissioners Jeremy Peters and Eleanore Adenekan, as well as members of the city’s housing & human services advisory board and staff of the Washtenaw County office of community & economic development (OCED). The needs study includes a survey that OCED is currently undertaking.

The work plan also consists of the capital improvements plan (CIP) review, which will begin this fall, as well as several ordinance revisions:

• A2D2 downtown zoning amendments: Completion target – December 2014.
• Citizen participation ordinance evaluation and amendments: Completion target – January 2015.
• Zoning ordinance re-organization (ZORO) amendments: Completion target – January 2015.
• Redevelopment Ready certification: Completion target – November 2014.
• R4C-R2A zoning amendments: Completion target – March 2015.
• Floodplain ordinance/flood insurance impacts: Completion target – March 2015.
• Accessory apartments/affordable housing amendments: Completion target – TBD.

Rampson reported that in terms of staff work load, most of the numbers had increased – for work like development reviews and site compliance activity, among other things. [.pdf of FY 2014 work plan update]

Ken Clein noted that while this work plan is a blueprint, it also depends on work flow coming into the city for developments and other projects, which would take top priority for planning staff. “So petitioners out there shouldn’t be afraid that we’re going to ignore [their projects] because we’ve got all these other great things to work on, and the community shouldn’t be afraid that if there aren’t petitions, there won’t be enough work for staff to do,” he said.

Outcome: Commissioners unanimously adopted the work program.

Betke Annexation & Zoning

The July 17 agenda included a request to annex an 0.09-acre strip of land from Ann Arbor Township and to zone it as R1A (single-family residential).

Aerial view of 2562 Newport. The dark strip is the parcel to be annexed.

The property is attached to 2562 Newport, which was annexed into the city in August of 2011. The vacant strip – 12 feet wide and 330 feet long – was inadvertently omitted in that original annexation. It’s necessary to annex now in order to clear the title so that the property can be sold.

According to a staff report, there are no plans to build anything on this strip. Jill Thacher of the city’s planning staff characterized the action as “cleaning up and adding this strange little panhandle onto the main parcel.”

Thacher noted that the parcel doesn’t reach Warrington Drive, and would never be used as a driveway. At one point there was a well on this strip, but now the site uses city services and the well has been removed.

The current owners are Erik and Alicia Majcher. The petitioner is Michael Betke. No one spoke during a public hearing on the item, and there was no discussion among commissioners.

Outcome: The rezoning and annexation were unanimously recommended for approval. The item will be forwarded to the city council for consideration.

Communications & Commentary

Every meeting includes several opportunities for communications from planning staff and commissioners. No one spoke during either of the opportunities for general public commentary. Here are other highlights from July 15.

At a July 8, 2014 Ann Arbor planning commission work session, architect Robb Burroughs showed concept designs for a Toll Brothers residential development along Nixon Road.

Communications & Commentary: Planning Manager Update

Planning manager Wendy Rampson noted that there had been a citizen participation meeting about a proposed development along Nixon Road – a residential complex by the Toll Brothers. It was very well attended, with over 200 people, she said – making it the largest citizen participation meeting since the ordinance was adopted. She wasn’t sure when the project would be submitted to the city. [Representatives of the Toll Brothers had attended the commission's July 8 working session to present a "concept plan" for the project.]

Rampson also noted that the Ann Arbor housing commission has decided to expand its development on Platt Road, south of Packard – so 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. The city council’s July 21 meeting includes an item authorizing the purchase of property at 3401 Platt Road on behalf of the housing commission. That property is adjacent to the existing AAHC site, and would be used for the expanded project.

Rampson clarified that this is not the same site as a county-owned property on Platt Road, which is be considered for affordable housing.

Communications & Commentary: DDA Streetscape Framework

Ken Clein, who represents the planning commission on the partnerships committee of the Ann Arbor Downtown Development Authority, reported that the DDA held another advisory committee meeting for the streetscape framework project on July 8. Committee members met with consultants hired by the DDA to figure out how to proceed. There will be a public forum on the project sometime in September. [The DDA board authorized a $200,000 contract for development of a streetscape framework plan at its Nov. 6, 2013 meeting.]

Clein said the goal is to complete the project by the end of this calendar year, and to report out in early 2015.

Communications & Commentary: Ordinance Revisions Committee

Kirk Westphal reported that the planning commission’s ordinance revisions committee (ORC) had met prior to the commission’s regular meeting on July 15. They discussed parcels along Huron Street, and are looking at changing height maximums as well as ways of addressing the shape of buildings. This is the next step in a process, based on a city council directive, to review and recommend 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 a set of recommendations at its Dec. 3, 2013 meeting.

Implementation of ordinance changes related to those recommendations began with a vote at the commission’s May 6, 2014 meeting to rezone a large parcel at the southeast corner of Main and William – at 425 S. Main – from D1 (downtown core) to D2 (downtown interface), a lower-density zoning. The commission also recommended adding new requirements to the Main Street character district, where 425 S. Main is located. At that May 6 meeting, they voted 6-3 to recommend changes that include setting a maximum height of 100 feet for properties in that district that are zoned D2, and requiring upper story stepbacks from any residential property lines. That maximum was 40 feet taller than the 60-foot height limit specified for D2 zoning elsewhere in the downtown.

However, when the changes were forwarded to city council for consideration, the council amended the height down to 60 feet. Councilmembers gave initial approval of that amended version on June 16, 2014. The item is on the council’s July 21 agenda for final approval.

Communications & Commentary: Resolution of Appreciation

Because only five commissioners on the nine-member entity were present, planning manager Wendy Rampson suggested deferring action on a resolution of appreciation for outgoing member Paras Parekh, who is resigning to move to Chicago.

His replacement will be nominated by the mayor and confirmed by the city council. Application forms are available on the city’s website.

Present: Eleanore Adenekan, Ken Clein, Diane Giannola, Kirk Westphal, Wendy Woods. Also: City planning manager Wendy Rampson.

Absent: Bonnie Bona, Sabra Briere, Jeremy Peters.

Next meeting: Wednesday, Aug. 6, 2014 at 7 p.m. in council chambers at city hall, 301 E. Huron. [Check Chronicle event listings to confirm date]

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