At least 50 people attended the council meeting in support of the resolution, and four people spoke in support of the resolution during public commentary reserved time at the start of the meeting.

The council has already directed the city administrator to hire a real estate broker to explore selling the rights to develop the site – above the Library Lane underground parking structure, which was completed in 2012. But there is not currently an offer from a buyer for the development rights. Estimates of the sale price have ranged from $6-10 million.

The item had been postponed at the council’s April 7, 2014 meeting.

Voting for the policy at the June 2, 2014 meeting were Christopher Taylor (Ward 3), Margie Teall (Ward 4), Chuck Warpehoski (Ward 5), mayor John Hieftje, Sumi Kailasapathy (Ward 1), Sabra Briere (Ward 1) and Sally Petersen (Ward 2). Mike Anglin (Ward 5) was absent. Stephen Kunselman (Ward 3), Jane Lumm (Ward 2) and Jack Eaton (Ward 4) voted against it.

Details on the council’s deliberations are provided in The Chronicle’s live updates filed during the meeting.

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

The result of council action is that a significant portion of the surface is still reserved as an urban park, and the property will be listed for sale without any delay for a public process. A decision on how to use the net proceeds of a potential sale of the land will be put off at least until June.

The Library Lane underground parking deck is highlighted in yellow. The name “Library Lane” is based only on the proximity of the structure to the downtown location of the Ann Arbor District Library. The library does not own the structure or the mid-block cut-through. (Base image from Washtenaw County and City of Ann Arbor GIS services.)

Originally on the agenda were just two resolutions related to the Library Lane parking structure: (1) a resolution directing the city administrator to allocate half the net proceeds from a possible upcoming sale of development rights to support affordable housing; and (2) a delay in hiring a broker to list the property for sale, until an additional public process could be completed. The council had voted at its March 17, 2014 meeting to direct the city administrator to list the property for sale.

But the council wound up re-debating that March 17 resolution on listing the property for sale, as well as a resolution from March 17 that designated a 6,500-12,000 square foot area on the western portion of the Library Lane site as an urban park. At the start of the meeting, Stephen Kunselman (Ward 3) added the reconsideration of those two March 17 resolutions to the agenda.

First up for the council was the March 17 resolution on reserving a portion of the surface for an urban park. Kunselman moved to amend that resolution to restore the original wording of the March 17 resolution, which had called for a 12,000 square foot portion of the surface to be reserved as an urban park. That amendment passed over dissent from councilmembers Sabra Briere (Ward 1), Christopher Taylor (Ward 3), Margie Teall (Ward 4), Chuck Warpehoski (Ward 5), and mayor John Hieftje. An attempt to postpone the resolution then failed on a 5-6 vote, with Kunselman, Hieftje, Sumi Kailasapathy (Ward 1), Jane Lumm (Ward 2), Jack Eaton (Ward 4), and Mike Anglin (Ward 5) voting no. The vote on the question – which specified the portion of the Library Lane site to be reserved for an urban park as 12,000 feet – passed on a 7-4 vote, with dissent from Taylor, Teall, Warpehoski, and Hieftje.

Next up was reconsideration of the March 17 resolution directing the city administrator to list the Library Lane property for sale. Kunselman made it clear that he was bringing back the resolution for reconsideration to highlight why he had wanted the property listed for sale: He wanted definitive answers on the question of how many of the Library Lane structure parking spaces could be dedicated for private use – while still meeting the restrictions of the Build America Bonds used to finance the structure. The vote on that reconsidered resolution was 7-4 with dissent from Kailasapathy, Lumm, Eaton, Anglin.

When the council arrived at the resolution that would have delayed the listing of the property for sale until a public process could be completed, a roughly 40-minute debate ensued. After a brief recess to sort out some kind of compromise, the general consensus – shared even by the resolution’s sponsors (Eaton, Anglin and Briere) – was that it should be voted down and possibly brought back sometime in the future. The vote to reject the delaying resolution was 11-0.

On the item allocating 50% of the net proceeds from a potential sale of the Library Lane development rights, the council wound up postponing the question until the first meeting in June, which comes after the council approves the FY 2015 budget. The vote was 6-5 to postpone, with dissent from Briere, Taylor, Teall, Warpehoski, and Hieftje.

More details on the debate to increase the square footage of a park is provided in The Chronicle’s live updates from the April 7 meeting. The live updates also cover deliberations on reconsidering the resolution about listing the Library Lane site for sale, and on a move to delay hiring a broker. The discussion about allocating net proceeds from a potential sale is also part of The Chronicle’s live updates.

This brief was filed from the city council’s chambers on the second floor of city hall located at 301 E. Huron after the meeting concluded at around 1:30 a.m.

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

The council’s April 7 agenda features two significant items of old business: a first reading of an ordinance that would regulate outdoor smoking in certain locations; and an allocation of funds for the work of a pedestrian safety and access task force.

The pedestrian safety task force funding resolution is now expected to be withdrawn. At the first meeting of the task force, held on Friday, April 4, Ward 1 councilmember Sabra Briere, speaking from the audience, told the group that it was her intent to withdraw the funding resolution when the council meets on April 7. Even if the resolution is withdrawn at the April 7 meeting, however, the task force will be able to continue its work.

Pedestrian issues form one of the themes of the meeting agenda – as the council will be approving annual contracts for the sidewalk repair program, as well as applying for a grant to renovate the pathway in Gallup Park – from the Geddes Dam at the east end of the Gallup Park pathway, to the parking lot east of Huron Parkway. Along with the sidewalk maintenance program contracts, the city council will also be asked to approve the annual street resurfacing program contracts.

Another main theme of the meeting is land use. Carried over as a topic from the council’s March 17 meeting is the surface of the city-owned Library Lane underground parking structure in downtown Ann Arbor. After voting on March 17 to hire a real estate broker, the council will consider a resolution on April 7 that would allocate to the city’s affordable housing trust fund half of the proceeds of any sale of the site’s development rights.

But on April 7, the council will also be considering an amendment to the March 17 resolution that directed the city administrator to list the surface of the Library Lane parking structure for sale. The amendment would require a public process to take place before brokerage services are obtained or the real estate is listed for sale. That public process is supposed to allow discussion of the possibility that the entire surface of the underground parking garage could be used as a park or plaza. The amendment is sponsored by Mike Anglin (Ward 5) and Jack Eaton (Ward 4).

The council will also be considering some items that arrived on its agenda via the city’s planning commission: rezoning of a nature area to PL (public land); and a resolution calling on the University of Michigan to incorporate the city’s land use recommendations as it considers the future use of the Edwards Brothers property on South State Street. The April 7 agenda also includes, as an item of communication, a resolution passed by the city planning commission on March 18, 2014 that gives advice to the council about how to develop the Library Lane property.

In other business, the council will be considering a resolution to approve an expansion of the Main Street business improvement zone (BIZ). The geographic area of the self-assessment district – which handles sidewalk snow removal, sweeping and other upkeep for property owners – would more than double. The final decision rests with the property owners in the expanded area.

Also at its April 7 meeting, the council will consider a resolution asking that Michigan state officials stop opposing a recent court ruling that allows same-sex marriages.

The council’s agenda also includes several street-closing approvals for upcoming events: Taste of Ann Arbor on June 2; The Event on Main Street on June 19; the Ann Arbor Jaycees Fourth of July Parade on July 4; and the Townie Street Party on July 14.

Among the reports and communications attached to the agenda is the final report of a council economic collaborative task force.

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

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

Outdoor Smoking

A new local law regulating smoking in some outdoor locations will be given a first reading by the council for the third time at its April 7 meeting. The law would regulate smoking outside of public buildings and also potentially in areas of some city parks.

The most recent action – to postpone the ordinance until April 7 – came at the council’s March 3, 2014 meeting. The new ordinance had also been postponed at the council’s Feb. 3 meeting.

Chuck Warpehoski (Ward 5), sponsor of the proposed new local law, had appeared before the city’s park advisory commission on Feb. 25, 2014 to brief commissioners on the proposal and solicit feedback.

Made punishable under the proposed ordinance through a $50 civil fine would be smoking within 20 feet of: (1) bus stops; (2) entrances, windows and ventilation systems of the Blake Transit Center; and (3) entrances, windows and ventilation systems any city-owned building.

The ordinance would also authorize the city administrator to have signs posted designating certain parks or portions of parks as off limits for outdoor smoking, and to increase the distance from entrances to city buildings where outdoor smoking is prohibited.

Where no signs are posted noting the smoking prohibition, a citation could be issued only if someone doesn’t stop smoking immediately when asked to stop.

An existing Washtenaw County ordinance already prohibits smoking near entrances, windows and ventilation systems, according to the staff memo accompanying the resolution – but the county’s ordinance can be enforced only by the county health department. The memo further notes that the Michigan Clean Indoor Air Act does not regulate outdoor smoking.

At the council’s March 3 meeting, other councilmembers expressed concern about the potential disparate impact of such a law on the homeless, and the challenge of enforcement.

Peds: Pedestrian Safety and Access Task Force

At its April 7 meeting, the council will consider for the second time a resolution that would appropriate $197,250 to fund the work of a pedestrian safety and access task force. Action to postpone the resolution until April 7 came at the council’s March 3, 2014 meeting.

The total amount proposed to be appropriated for the task force project budget is $197,250. That amount includes an “estimated $122,500” as the approximate cost of the anticipated city staff effort for the project. The total project budget includes $77,400 for a professional services agreement with Project Innovations Inc.

The funds are to be sourced in part from an allocation made during the May 20, 2013 budget deliberations, which appropriated $75,000 for a study to prioritize sidewalk gap elimination. The connection between sidewalk gaps and the task force’s work is based in part on one of the other “resolved” clauses establishing the task force: “… the task force will also address sidewalk gaps and create a tool for setting priorities for funding and filling those gaps; …”

The pedestrian safety and access task force was established through a council resolution passed on Nov. 18, 2013. Confirmed as members of the task force on Jan. 21, 2014 were: Vivienne Armentrout, Neal Elyakin, Linda Diane Feldt, Jim Rees, Anthony Pinnell, Sarah Pressprich Gryniewicz, Kenneth Clark, Scott Campbell, and Owen Jansson.

Another key “resolved” clause establishing the group’s scope of work includes the following: “… the task force will explore strategies to improve pedestrian safety and access within a framework of shared responsibility through community outreach and data collection, and will recommend to council improvements in the development and application of the Complete Streets model, using best practices, sound data and objective analysis.”

The responsibilities of the task force include delivery of a report a year from now – in February 2015.

The funding for the task force is in part to be used to pay for a $77,400 contract with Project Innovations Inc. to provide facilitator support to the task force.

According to a staff memo written in response to councilmember questions, the facilitator would assist with an anticipated 18 task force meetings, 24 resource group (staff) meetings, five stakeholder meetings and three public meetings. The facilitator would be “preparing materials and agendas; facilitating the meetings; summarizing the meetings; facilitating communication and discussions between, and among, the task force members and the resource group; and, developing materials for community outreach in addition to the actual public meetings, including content for press releases and web page publishing, and a community survey.”

According to the staff memo, a “team of staff members has identified Project Innovations, Inc. as a firm in the region that has demonstrated skill in task force facilitation and robust community engagement efforts, and is uniquely qualified with the capacity to facilitate the pedestrian safety and access task force’s rigorous work approach within the specified timeframe.” Based on the phrasing in the memo, the work appears not to have been put out to bid and Project Innovations was identified as a “sole source” provider.

Project Innovations is the same firm currently providing facilitation support to a citizens advisory committee that is attached to a sanitary sewer wet weather evaluation study being conducted by the city.

The resolution establishing the task force does not explicitly charge the group with a review of the city’s crosswalk law. But the pedestrian safety task force was established in the same time frame as the council was considering an amendment to the city’s crosswalk law. The council ultimately voted to change the language of that law at its Dec. 2, 2013 meeting – so that motorists were required to concede the right-of-way only to pedestrians who had already entered the crosswalk.

That change was subsequently vetoed by mayor John Hieftje. Drawing on the phrasing used in Hieftje’s statement of veto, Stephen Kunselman (Ward 3) has indicated he intends to bring forward an amendment that would require motorists to stop at crosswalks for pedestrians only if “they can do so safely.” At the council’s Feb. 18, 2014 meeting, Kunselman announced he’d be pursuing such an amendment.

Peds: Pedestrian Safety and Access Task Force – Recent Developments

The funding resolution is now expected to be withdrawn. At the first meeting of the task force, held on Friday, April 4, Ward 1 councilmember Sabra Briere, speaking from the audience, told the group that it was her intent to withdraw the funding resolution when the council meets on April 7.

Even if the resolution is withdrawn at the April 7 meeting, the task force would still be able to continue its work. Here’s why. In the resolution that’s expected to be withdrawn, the total amount proposed to be appropriated for the task force project budget is $197,250. That amount includes an “estimated $122,500” as the approximate cost of the anticipated city staff effort for the project. The total project budget includes $77,400 for a professional services agreement with Project Innovations Inc.

So the portion of the project budget that requires hard costs to be covered – other than city staff time – is the cost for the consultant to provide facilitation services. And according to a staff memo to the city administrator written after the council’s action to postpone, the bulk of the cost can already be covered in an existing budget allocation. From the March 27, 2014 staff memo to the city administrator: “The estimated amount for the facilitation work is $70,000 to $90,000. Of this amount, $75,000 is currently budgeted for pedestrian safety and sidewalk-gap planning. The remaining $15,000 will be included in the City Administrator’s recommended FY 14 budget amendment.”

In addition to authorizing the funding, the resolution would authorize a $77,400 contract with Project Innovations for the facilitation work. But now, it’s not clear that particular consultant will be selected for the work. Originally, Project Innovations had been identified by staff as a contractor uniquely qualified to do the facilitation work. Project Innovations is familiar to city staff as the facilitator for a sanitary sewer wet weather evaluation study the city is currently conducting. But now the city has decided to issue an RFP (request for proposals) for the facilitation work. [.pdf of RFP No. 893] Responses to the RFP are due by April 22, 2014.

At the April 4 task force meeting, Connie Pulcipher – a systems planner with the city of Ann Arbor – told members of the task force that they could be involved in the process of interviewing respondents to the RFP. The delay in selecting a facilitator means that the original timeline for the group’s work, which included a final report by February 2015, has shifted to around August 2015.

Peds: Belle Tire Easement

On the council’s agenda is approval of an easement related to the Belle Tire site plan at State and Ellsworth. The planning commission recommended approval at its March 18, 2014 meeting.

Aerial view of a proposed Belle Tire site.

The site plan itself was recommend for approval by the commission at its Aug. 20, 2013 meeting, and the project subsequently received city council approval on Oct. 7, 2013. The site is located in Ward 4.

By way of background, a 50-foot-wide right-of-way easement on the front this site was recorded by the city as part of a previously approved land division for this parcel. That easement reduced the front setback of the Belle Tire building from 10 feet to roughly 3 feet. The minimum front setback for this site is 10 feet.

So the property owner, who also owns the adjacent site at 3975 S. State, has proposed that the city vacate the northern 7 feet of its right-of-way easement.

In exchange, the property owner has offered to convey a non-motorized use easement over the same 7 feet. Such an easement would allow for this strip to be used by the public for future non-motorized transportation facilities, according to a staff memo. And as a non-motorized use easement, the 7-foot strip would be considered part of the required 10-foot front building setback.

Peds: Gallup Park Path

On the council’s consent agenda – a group of items voted on all-in-one-go – is approval of a grant application to fund renovations to a pathway that runs through Gallup Park, which is part of the Border to Border Trail (B2B) connecting the eastern and western borders of Washtenaw County. Renovations would include repairs to the existing asphalt, as well as widening to 10 feet – in part to meet current American Association of State Highway and Transportation Officials (AASHTO) standards.

The grant application would be made to SEMCOG (Southeast Michigan Council of Governments) and MDOT (Michigan Dept. of Transportation) for the Transportation Alternatives Program (TAP). The grant funds, if awarded, would fund renovation of the pathway from the Geddes Dam at the east end of the Gallup Park pathway, to the parking lot east of Huron Parkway. The work would include the loop that leads around that part of the park. Total length of the pathway to be renovated is about two miles.

The city would provide a grant match of $200,000, which would be paid out of the parks and recreation capital improvements millage.

Peds: Sidewalk Maintenance Program

Also related to pedestrian issues are two contracts related to the annual sidewalk maintenance and repair program, which is funded out of a five-year millage approved by voters in November 2011.

A sidewalk marked with a “C” – which indicates that it needs to be cut flush – on Fifth Avenue south of William Street.

Some sidewalk slabs are in reasonably good shape but are out of alignment with adjacent slabs. The city takes the approach of shaving the portion that’s out of alignment so that it’s flush.

Cutting the concrete is more cost effective than replacing the entire slab. The contract for the cutting work for the upcoming 2014 program is to be awarded to Precision Concrete Cutting for $207,350.

The other part of the program involves outright replacement of sidewalk slabs.

That contract is to be awarded to Doan Construction Company for $1,707,037.

Areas of the city of Ann Arbor where sidewalk repair will be done in 2013 and 2014.

Asphalt: Street Resurfacing Program

In addition to an annual sidewalk repair program, the city manages an annual street resurfacing program. On the council’s April 7 agenda is the award of a construction contract to Barrett Paving Materials Inc. for $3.409 million for the 2014 program. Also on the agenda is a professional contract for materials testing – with CTI and Associates Inc. for $82,332.

Heavy black highlights indicate stretches of road that are a part of the city of Ann Arbor’s street resurfacing program in 2014.

Text descriptions of the streets to be resurfaced are as follows:

• Washington: First St to Fourth Ave (April – May)
• Fuller: Maiden Lane to Huron River Bridge (May – June)
• Newport: Sunset to south of Bird Rd (June – July)
• Linwood:, Doty to Wildwood (April – May)
• Northside Grill Alley: Broadway to End (April – May)
• Vinewood: Berkshire to Avon (May – June)
• Steeplechase: Whiltshire to Blaney (June – July)
• St. Aubin: Platt to Creek Dr (June – July)
• Woodbury: Astor to Stadium (July – July)
• Prairie: Plymouth to Aurora (July – August)
• Burlington Court: Burlington to End (July – August)
• Waldenwood & Adjacent Courts: Penberton to Earhart (north end) (July – September)

Asphalt: Windemere Tennis Courts

The council will consider a $134,297 contract with Nagle Paving Co. to relocate and rebuild the tennis courts at Windemere Park. The park advisory commission recommended approval of the contract at its Feb. 25, 2014 meeting.

PAC’s recommendation on the contract followed its approval on Jan. 28, 2014 of a revised new location for tennis courts at Windemere Park, on the city’s northeast side. The final location approved by PAC was one put forward at a public meeting earlier this year.

The new location for the tennis courts has been disputed among neighbors who live near Windemere Park, a nearly four-acre parcel north of Glazier Way between Green and Earhart roads. The tennis courts there have deteriorated, and the city has been looking at options for replacing them. Neighbors had originally advocated keeping the courts in the same location, but the soil there is unstable. Before the area was developed, the current location of the courts was a pond.

Nagle Paving was the lowest of five responsible bidders on the project, according to a staff memo. Including a 10% construction contingency, the entire project budget is $147,727. Funding will come from the FY 2014 park maintenance and capital improvement millage revenues. [.pdf of staff memo and resolution] [.pdf of cost comparison chart]

Land: Library Lot Proceeds to Affordable Housing

The city council will consider a resolution at its April 7 meeting that would direct the city administrator to allocate half the proceeds from a possible upcoming real estate sale to support affordable housing. The land in question is the surface of the Library Lane underground parking structure, which completed construction in the summer of 2012. [.pdf of draft resolution on Library Lane sale]

The Library Lane underground parking deck is highlighted in yellow. The name “Library Lane” is based only on the proximity of the structure to the downtown location of the Ann Arbor District Library. The library does not own the structure or the mid-block cut-through. (Base image from Washtenaw County and City of Ann Arbor GIS services.)

From the resolution: “Resolved, That City Council direct the City Administrator to allocate 50% of any and all proceeds, after fees and closing costs, from the sale of development rights at 319 S. Fifth Avenue [the Library Lane lot] to the affordable housing fund.” Use of money in the city’s affordable housing trust fund is subject to recommendations by the housing and human services advisory board (HHSAB).

Based on a ballpark estimated value for the property of $6-7 million dollars – given by Jim Chaconas of Colliers International at the council’s March 17, 2014 meeting – the resolution would translate to somewhere in the neighborhood of $3 million to support affordable housing, depending on fees and closing costs.

No specific deal appears to be in the offing to develop the top of the structure. But the council voted at its March 17, 2014 meeting to hire a brokerage service to list the development rights to the top of the underground parking garage for sale. At the same meeting, the council passed a separate resolution that reserved 6,500-12,000 square feet on the Library Lane site for a publicly owned urban park.

The resolution allocating 50% of proceeds of a Library Lane sale to support affordable housing is now sponsored by four councilmembers: Sabra Briere (Ward 1), Christopher Taylor (Ward 3), Chuck Warpehoski (Ward 5),  and mayor John Hieftje.

The strategy of channeling at least some of the proceeds of land sales to support affordable housing efforts has been a consistent part of city policy dating back several years. However, the council has not always agreed on the portion of a sale that should be allocated to support affordable housing. At the March 16 Sunday night caucus, Briere indicated one reason she might be reluctant at the following evening’s council meeting to support the hiring of a broker to list the Library Lane development rights for sale: She did not at that time want to take on the fight with other councilmembers about what to do with the proceeds. But Briere voted with seven of her colleagues on the 8-1 vote that saw only Sumi Kailasapathy (Ward 1) dissenting. Sally Petersen (Ward 2) and Margie Teall (Ward 4) were not present for that vote.

The sale of another city property – the former Y lot in downtown Ann Arbor, on William between Fourth and Fifth avenues, across the street from the Library Lane site – is expected to generate roughly $1.4 million in net proceeds from the $5.25 million purchase price. That sale to hotelier Dennis Dahlmann had a closing date of April 2, 2014. And the sale was, in fact, completed.

The council voted at its Dec. 16, 2013 meeting to allocate all of those net proceeds to the affordable housing trust fund. More recently, at its March 3, 2014 meeting, the council directed the city administrator to prepare a budget resolution that would – upon completion of the former Y lot sale – allocate $600,000 from the affordable housing trust fund to the Ann Arbor Housing Commission, to support major capital improvements to its properties.

More than a year ago, at its Oct. 15, 2012 meeting, the council adopted a general policy on proceeds of land sales that was based on a budget committee recommendation. Essentially the policy is to consider land sales on a case-by-case basis, considering all the needs of the city. A nod to affordable housing was included in an amendment added at the council meeting in the form of a statement that all needs of the city would be considered in deciding the use of land sale proceeds – but “especially the need for affordable housing.”

The draft resolution to be considered at the April 7 council meeting cites the budget committee’s recommendation, which was adopted in the Oct. 15, 2012 council resolution, that “no less than 10% of net proceeds of any sale will be allocated and distributed to the affordable housing trust fund …”

Land: Amendment to Library Lane Resolution to List for Sale

On April 7, the council will also be revisiting the March 17 resolution on listing the surface of the Library Lane structure for sale. Mike Anglin (Ward 5) and Jack Eaton (Ward 4) have sponsored a resolution that would delay the hiring of a broker and listing the property for sale until a public process, to be structured by the city administrator, is completed.

That public process is supposed to allow discussion of the possibility that the entire surface of the underground parking garage could be used as a park or plaza. From the resolution:

Resolved, That Resolution R-14-098 Directing the City Administrator to List for Sale 319 South Fifth and Retain Estate Brokerage Services be amended to direct the City Administrator to require that retention of brokerage services be delayed and listing not occur until adequate public process has taken place to explore public uses for the entire property;

Resolved, That the City Administrator structure the public process to allow citizens an opportunity to bring forward and discuss any and all appropriate public uses for this City-owned property, including its use, in its entirety, as a park or plaza;

Resolved, That City Administrator schedule a public hearing as part of the public process for citizen input on public uses for the property

Resolved, That City Administrator provide City Council with report on the public process at its completion; and

Resolved, On completion of the required public process, the City Administrator is directed to seek further direction from City Council as to whether the property should be listed or to continue to develop a wholly public or mixed public/private plan for its use.

The vote on the council’s March 17 resolution was 8-1, with dissent only from Sumi Kailasapathy (Ward 1). Sally Petersen (Ward 2) was absent from the start of the meeting and Margie Teall (Ward 4) departed late in the meeting but before the vote was taken.

The April 7 council agenda also includes, as an item of communication, a resolution passed by the city planning commission on March 18, 2014 that gives advice to the council about how to develop the Library Lane property. The commission’s recommendations focused on conditions for developing the site that would garner economic benefits to the city, such as a mixed-use development that generates foot traffic, with an entry plaza or open space and a design that “creates an iconic addition to the skyline.” The recommendations drew on material in several existing documents, including the Connecting William Street report that was completed by the Ann Arbor Downtown Development Authority about a year ago.

Also attached to the council agenda as an item of communication is a resolution passed by the Ann Arbor District Library board on March 17, 2014. The resolution asked the council to reject designating a portion of the city-owned Library Lane site – which is adjacent to the downtown library – as a public park or plaza at this time.

Land: Recommendation to UM on Edwards Brothers

An additional land-use item on the council’s April 7 agenda is a resolution recommending that the University of Michigan collaborate with the city of Ann Arbor on the future development of the former Edwards Brothers property at 2500-2550 South State Street, immediately adjacent to existing UM athletic facilities. The university is purchasing the 16.7-acre property, following the Ann Arbor city council’s decision on Feb. 24, 2014 not to exercise its right of first refusal to buy the site.

The city planning commission passed the same resolution at its March 18, 2014 meeting and forwarded it to the city council.

The resolution was drafted by planning manager Wendy Rampson based on previous discussions by the planning commission and city council. [.pdf of resolution as amended at March 18 planning commission meeting]

The one resolved clause states:

RESOLVED, That the Ann Arbor City Council and Ann Arbor City Planning Commission request that The Regents of The University of Michigan and President authorize University staff to meet with City representatives to collaborate on issues related to future development of the South Athletic Campus area, including, but not limited to:

• Exploring the creation of one or more parcels fronting South State Street to be developed, preferably privately, for complementary uses adjacent to the South Athletic Campus that also follow the South State Street plan recommendations;
• Discussing options for the relocation of park-and-ride facilities as the South Athletic Campus develops; and
• Discussing the opportunities for a future pedestrian and vehicular connection between South Main Street and South State Street via the planned Oakbrook Drive extension through the South Athletic Campus site.

At the planning commission’s March 18 meeting, Rampson said she’s already shared a draft of the resolution with UM planner Sue Gott and Jim Kosteva, the university’s director of community relations.

The city council voted down a resolution that would have authorized Ann Arbor’s right of first refusal on the Edwards Brothers Malloy property, at a special session of the council on Feb. 24, 2014. That will allow the University of Michigan to purchase the property unimpeded.

Land: Stapp Nature Area Addition Rezoning

The council’s April 7 agenda includes a resolution giving initial approval to rezoning of land that’s been donated to the city by developer Bill Martin, founder of First Martin Corp. The 2.2-acre parcel at 3301 Traverwood Drive is being added to the adjacent Stapp Nature Area, near the Leslie Park golf course.

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

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

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

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

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

The council would be giving the rezoning initial approval at its April 7 meeting. The final vote would come at a future meeting after a public hearing.

Land: Main Street BIZ Expansion

On the council’s April 7 agenda is approval of an expansion of the geographic area of the Main Street Business Improvement Zone. The business improvement zone was established in 2010 by a vote of property owners in the zone to provide a mechanism for taxing themselves to pay for items like sidewalk snow removal, sidewalk sweeping and landscaping. [For the state enabling legislation for a BIZ, see Public Act 120 of 1961]

The current geographic area of the Main Street BIZ extends north-to-south from William to Huron on both sides of Main Street, extending to the mid-block alleys. The expansion would extend the area westward by a half block from the alley to Ashley Street. The expansion would also extend the area eastward by a half block along the whole north-south dimension; and between William and Liberty, the zone would expand westward an additional block – to Fourth Avenue.

While the council must give its approval of the plan, the expansion is contingent on a vote among property owners in the area, which has to be set for no later than 49 days after the date of the council’s resolution. The council’s April 7 meeting agenda includes a public hearing on the issue.

Main Street BIZ geographic area and expansion. (Map by The Chronicle from the BIZ plan using Washtenaw County and city of Ann Arbor GIS services mapping tools.)

Same-Sex Marriage

At its April 7 meeting, the Ann Arbor city council will consider a resolution asking that Michigan state officials stop opposing a recent court ruling that allows same-sex marriages. [.pdf of draft resolution on same-sex marriage]

The ruling in question was issued by federal judge Bernard Friedman on Friday, March 21, 2014 in the case of Deboer v. Snyder. In that ruling, Friedman found that Article I, Section 25 of the Michigan Constitution – which limits the benefits of marriage to unions between one man and one woman – did not advance any legitimate state interest. So the ruling had the effect of making same-sex marriages legal in Michigan.

But the day following the decision, on March 22, the U.S. Court of Appeals for the Sixth Circuit issued a temporary stay on Friedman’s ruling. Michigan’s Gov. Rick Snyder and Attorney General Bill Schuette are appealing Friedman’s decision.

The council’s resolution reads in part:

RESOLVED, That the Ann Arbor City Council urges Governor Snyder and Attorney General Schuette to immediately suspend all efforts to appeal or otherwise contest Judge Friedman’s Ruling…

Before the stay on Friedman’s ruling took effect, Washtenaw County clerk Larry Kestenbaum opened his office for business on Saturday, March 22, and issued 74 marriage licenses for same-sex couples in Washtenaw County. The county board had already set the stage for those couples to receive what practically amounts to a fee waiver for the expedited processing of a license, which ordinarily takes three days. The “fee” approved by the board at its Feb. 19, 2014 meeting reduced the usual fee from $50 to 1 cent.

The resolution passed by the county board on Feb. 19 allows the county clerk, consulting with the county administrator, to establish a “fee holiday” on the day preceding a period during which the office’s vital records division would be closed for four or more days, or when an unusual number of marriage license applicants are expected to appear. During a “fee holiday,” the charge for immediately processing a marriage license is 1 cent.

The resolution to be considered by the Ann Arbor city council on April 7 currently initially had four sponsors: Christopher Taylor (Ward 3), Margie Teall (Ward 4), Sabra Briere (Ward 1) and Chuck Warpehoski (Ward 5). Later Jane Lumm (Ward 2) and mayor John Hieftje were added, for a total of six. So that resolution is almost sure to be approved – because it needs only a six-vote majority on the 11-member council.

Economic Collaborative Task Force

Among the many agenda attachments – reports and communications – is the final report of the economic collaborative task force, established by the council last year at its May 20, 2013 meeting. The idea to establish the task force had grown out of a desire to review the Ann Arbor Downtown Development Authority in the context of proposed changes to the city ordinance governing the DDA. The task force drew members from city of Ann Arbor, Ann Arbor SPARK and the Ann Arbor DDA.  [.pdf of March 28, 2014 economic collaborative task force report]

In more detail, the task force was supposed to do the following:

• Provide clarity, alignment and specificity on economic development policy and objectives for fiscal year 2014 toward accomplishing city council’s success statement for Economic Development.
• Provide for strategic alignment of priorities between the Task Force member entities.
• Highlight cost sharing and maximizing of resource utilization.
• Identify options for sustaining, modifying, or eliminating operations in a financially-responsible manner through efficiencies and/or partnerships as part of a cohesive economic development plan for the city.

The “success statement” mentioned in the resolution was crafted by the city council at a budget retreat held in late 2012.

Those initially appointed to represent the city on the task force were city administrator Steve Powers, Sally Petersen (Ward 2) and then councilmember Marcia Higgins (Ward 4).

According to the resolution establishing the task force, a report was supposed to be presented to the council in December 2013 and the task force was supposed to expire at the end of 2013.

The 4.5-page report in general calls on the city, the Ann Arbor DDA and Ann Arbor SPARK to continue existing initiatives.

Some highlights of the report include a recommendation that the city consider technology infrastructure that is “essential for companies to compete globally and for communities to attract the necessary talent.” In that category of infrastructure, the report indicates that the city and Ann Arbor SPARK should “continue their work to develop a proposal for high-speed fiber that would accelerate both commercial and residential internet speeds.”

Also recommended in the report is the preparation of a plan to market and sell surplus city-owned properties. Properties included on the list include the South Ashley/West William (Kline) lot, the South Main/East William (Palio) lot, Library Lane, and 415 W. Washington.

4:00 p.m. Staff written responses to councilmember questions about agenda items are now available. [.pdf of April 7, 2014 staff responses to councilmember questions]

6:24 p.m. Sally Petersen (Ward 2) has already arrived in council chambers. She was here earlier for a meeting of the council rules committee – along with Chuck Warpehoski (Ward 5), Christopher Taylor (Ward 3), mayor John Hieftje and Sabra Briere (Ward 1). Dinner for Petersen tonight at the council table is salad.

6:37 p.m. Paul Fulton with the city’s IT department is here, available to comment on an agenda item involving the TRAKiT system.

6:58 p.m. Council chambers are starting to fill up. Councilmembers Jane Lumm (Ward 2), Sumi Kailasapathy (Ward 1), Jack Eaton (Ward 4), Mike Anglin (Ward 5), Taylor, and Warpehoski have all arrived.

6:59 p.m. Councilmembers Margie Teall (Ward 4) and Stephen Kunselman (Ward 3) have now arrived.

7:03 p.m. Pre-meeting activity. The scheduled meeting start is 7 p.m. Most evenings the actual starting time is between 7:10 p.m. and 7:15 p.m. We’re almost ready to start.

7:08 p.m. And we’re off.

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

7:09 p.m. Approval of agenda. All councilmembers are present and correct.

7:11 p.m. Approval of agenda. Kunselman is bringing back the two resolutions from the last meeting on the Library Lane site for reconsideration. He was on the prevailing side for both of those resolutions – which were both approved.

7:13 p.m. The items will be placed under “unfinished business” which comes right after the outdoor smoking ordinance. And Eaton wants DC-4 to be heard before DC-3.

7:13 p.m. Outcome: The council has approved its agenda for tonight’s meeting, over dissent from Teall.

7:16 p.m. Communications from the city administrator. City administrator Steve Powers reports that the amount of funds available from the sale of the former Y lot is $1.42 million. Powers also notes that the homeless shelter had found housing for 107 people this season as of the end of February.

Powers now is alerting the council to the report of the collaborative economic task force, which is attached to tonight’s agenda.

7:16 p.m. INT-1 Veg Week Proclamation. The week of April 21-27, 2014, is being proclaimed as Ann Arbor Veg Week. The proclamation names several local organizations and businesses as supporting it: Nicola’s Books, The Lunch Room, Ann Arbor District Library, Humane Society of Huron Valley, Main Street Area Association, A2 Fitness Professionals, and Current Publications. More than 20 restaurants that will be offering vegan special menu items throughout the week, according to the resolution.

7:21 p.m. INT-2 Elizabeth Dean Day Proclamation. This proclamation honors Elizabeth Russell Dean, who died exactly 50 years ago today, on April 7, 1964. She bequeathed nearly $2 million for the benefit of public trees of Ann Arbor, which is held in a trust with the annual interest income to be used for the planting, care and maintenance of these trees. The proclamation of the anniversary of Dean’s death as Elizabeth R. Dean Day “serves as a reminder of the vast contributions Ms. Dean made to ensure that Ann Arbor will forever remain a ‘City of Trees.’”

7:22 p.m. Edith Fletcher and Jane Immonen are on hand to receive the proclamation.

7:22 p.m. Public commentary reserved time. This portion of the meeting offers 10 three-minute slots that can be reserved in advance. Preference is given to speakers who want to address the council on an agenda item. [Public commentary general time, with no sign-up required in advance, is offered at the end of the meeting.]

Eight people are signed up to speak during public commentary reserved time, half of them to address the topic of the Library Lane site: Alan Haber, Odile Hugonot-Haber, Ingrid Ault and Ali Ramlawi. Ault is chair of the park advisory commission. Ramlawi is owner of the Jerusalem Garden restaurant, which is currently located almost directly adjacent to the Library Lane property and will border the lot when it moves into the former Seva building.

Thomas Partridge is signed up to talk about affordable transportation. Frank Burdick is signed up to talk about the funding resolution for the pedestrian safety task force. Cliff Douglas is signed up to talk about the outdoor smoking ordinance. Douglas is director of UM’s Tobacco Research Network. And Kermit Schlansker is signed up to talk about “How to Sow the Earth.”

7:28 p.m. Thomas Partridge introduces himself as a recent candidate for the state legislature and for the city council. He calls attention to the fact that U.S. president Barack Obama visited Ann Arbor last week, to support an increase to the minimum wage. He wishes that Obama had also supported an expanded transit system in his remarks. Partridge calls for affordable housing and the elimination of homelessness. He advocates for affordable healthcare and lifetime education. He notes the needs of the most disadvantaged members of society, saying we must give more attention to the most vulnerable among us. He calls on people to support the transit millage [on the May 6 ballot].

7:29 p.m. Frank Burdick introduces himself as a Ward 4 resident. He asks that the council postpone consideration of funding a consultant for the pedestrian safety task force. He says that city staff are competent to serve the role of a facilitator. He calls on the council to fund concrete, not more consultants.

7:33 p.m. Cliff Douglas speaks in support of the outdoor smoking ordinance. He’s lived in Ann Arbor since 1997, he says, and is speaking as an individual. But he’s also director of UM’s Tobacco Research Network. He names a number of other individuals at the UM School of Public Health who support the ordinance. The key issue, he says, is that although smoking is devastating to its users, it also causes harm to the environment and results in avoidable cleanup costs. In the U.S. there are 921 municipalities with 100% smoke-free ordinances. He has an 11-year-old son and can’t count the number of times the boy has put cigarette butts in his mouth. Cigarette butts are the leading cause of litter, he says.

7:36 p.m. Alan Haber tells the councilmembers that he’s written to each of them asking them to postpone the idea of selling the Library Lane site. They should use the occasion to establish a public process to explore the full public use of the land. There’s a font of creativity in this town to which the council should open the door, he says. There are possibilities for good and the future and for the children of future generations, he says. He urges the council not to press to find out how much it’s worth in terms of monetary value. He urges beginning now with intermediate activities. He’s asking for support and encouragement for people to gather on the surface of the Library Lane underground garage on Earth Day, which falls on April 22.

7:39 p.m. Ingrid Ault introduces herself as a Ward 1 resident and chair of the city’s park advisory commission. She says she’s puzzled about the idea that the listing of the Library Lane site for sale should be delayed until a public process can take place. She cites the Connecting William Street study and the work of the PAC subcommittee on downtown public parks as public process that has already taken place. About public process she says, “This has already been done.” “When will the madness stop?” she wonders. She hopes it will stop tonight. How would the process be different? She says that a “special interest group” [the Library Green Conservancy] can’t take no for an answer. She asks the council to “end the hamster wheel ride tonight.” [Editor's note: Will Hathaway of the Library Green Conservancy has contacted The Chronicle, saying that while some members of the conservancy are certainly in favor of this resolution, the group has not taken a position on it.]

7:41 p.m. Odile Hugonot-Haber says it’s amusing to her to hear that there’s been a lot of public process and when the process has been done, so many people say they want a public space, a green space, a place where people can come together. There is no place for women with their children to go, she says. The people have clearly spoken, she says, but elected and appointed officials refuse to hear.

7:43 p.m. Kermit Schlansker says that the U.S. Senate had an all-night session recently on global warming. He says conservation is overlooked as a solution. We desperately need to reduce our energy consumption, he says. He calls for living configurations like an apartment house on farmland. Bigger buildings are easier to heat, he says.

7:48 p.m. Ali Ramlawi thanks mayor Hieftje for over 10 years of service. even if he’s disagreed with some of Hieftje’s policies. The future of the surface of the Library Lane site has been a hot button issue, he says. He says that the whole western half should be a plaza. It’s too small for just the southwest corner to be used as a plaza, he says. There’s a lot of fear that the next Liberty Plaza will be built. Liberty Plaza is haunted with a poor design, he says. A better design and a better police presence would lead to a successful plaza, he says.

7:48 p.m. Communications from the council. This is a slot on the agenda for council communications. It’s a time when councilmembers can report out from boards, commissions and task forces on which they serve. They can also alert their colleagues to proposals they might be bringing forward in the near future.

7:49 p.m. Margie Teall is thanking everyone who helped put on FestiFools this past weekend.

7:51 p.m. Jane Lumm announces that there’s a public meeting hosted by MDOT on the Jackson Avenue reconstruction project from Dexter to Maple. The road will be reconfigured to three lanes – one in each direction and a turn lane. She had not supported that configuration. The meeting will take place on April 10 from 4-6 p.m. at the downtown library. Chuck Warpehoski notes that the purpose of the meeting is to inform the public about the construction schedule. It’s being set up as a drop-in, drop-out situation.

7:54 p.m. Mike Anglin says that when city staff, who are extremely competent, are used in projects then it gets good results. When consultants are used, it creates a disconnect, he says. There’s a good dialogue going on between staff and residents along Seventh Street about traffic calming, he says.

7:55 p.m. Communications from the mayor. Hieftje is describing an energy conference and signing the Alliance to Save Energy.

8:00 p.m. Hieftje is saying that the weather at FoolMoon on Friday, April 4 was wet and cold. He’s recounting several other events of the weekend, including Hash Bash. Hieftje reports that Obama told him he likes coming to Ann Arbor.

Hieftje is now following up on the city administrator’s remarks on the homeless shelter. He says that he met with leaders of Washtenaw County on the topic of homelessness. The city administrator will be providing a report on the work of the shelter and costs that were incurred during the past season. Hieftje is reviewing the history of the homeless shelter. The proportion of county residents served there has decreased over the years, he says. The system is not designed to handle these kind of numbers: Is it a regional center for southeast Michigan? If so, then the city needs to work with the state legislature and other regional partners, he says.

8:02 p.m. Briere inquires about the implications of refusing service to anyone.

8:05 p.m. MC-1 Confirmation of appointments. This item will confirm nominations from the council’s previous meeting, on March 17. The appointments are:

• Ann Arbor Commission on Disability Issues: Westley Resendes, filling a vacancy left by Patti Smith, for a term ending May 31, 2015;
• Economic Development Corporation: Dale Leslie and Tim Marshall (re-appointments for terms ending May 31, 2019);
• Historic District Commission: Ellen Ramsburgh (re-appointment for a term ending May 31, 2017);
• Public Market Advisory Commission: Aimee Germain (re-appointment for a term ending May 31, 2017).

8:05 p.m. Outcome: The council has voted to approve all the nominations made at its previous meeting.

8:05 p.m. MC-2 Nominations. A raft of nominations is being made tonight. The vote on the appointments will come at the next meeting of the council. The nominations are:

• Airport Advisory Committee: Mary Karen McClellan (filling a vacancy, for a term ending May 30, 2016);
• Ann Arbor Housing Commission: Gwenyth Hayes (serving out rest of term for Gloria Black as a resident’s representative, through May 4, 2015) and Daniel Lee (re-appointment, for a term ending May 6, 2019);
• Design Review Board: Shannan Gibb-Randall (serving out rest of term for Mary Jucari, through May 30, 2015);
• Employees Retirement Systems Board of Trustees: Mark Heusel (re-appointment for a term through May 2, 2017);
• Public Market Advisory Commission: David Santacroce (re-appointment for a term through May 30, 2017).

8:06 p.m. Public hearings. All the public hearings are grouped together during this section of the meeting. Action on the related items comes later in the meeting. Two public hearings appear on tonight’s agenda.

For the first one, the property owner has proposed that the city vacate the northern 7 feet of its right-of-way easement. In exchange, the property owner has offered to convey a non-motorized use easement over the same 7 feet. Such an easement would allow for this strip to be used by the public for future non-motorized transportation facilities, according to a staff memo. And as a non-motorized use easement, the 7-foot strip would be considered part of the required 10-foot front building setback. This resolution would approve that arrangement. [For more background, see Peds: Belle Tire Easement above.]

The second public hearing is on the expansion of the geographic area of the Main Street Business Improvement Zone. The business improvement zone was established in 2010 by a vote of property owners in the zone to provide a mechanism for taxing themselves to pay for items like sidewalk snow removal, sidewalk sweeping and landscaping. For the expansion to be finalized it will need to be approved by property owners in the expanded district. [For more background, see Land: Main Street BIZ Expansion above.]

8:07 p.m. PH-1 Belle Tire ROW Vacation. No one speaks at this public hearing.

8:07 p.m. PH-2 Amended Main Street BIZ plan.

8:09 p.m. Thomas Partridge says he thinks that this plan should give more attention and greater priority to seniors and those who need access to public transportation.

8:11 p.m. Jan Culbertson says she’s a property owner in the area. She supports the expansion. The consistency of the services is important, she says.

8:13 p.m. Bill Kinley speaks in favor of allowing property owners to make a decision about whether to participate in the expanded BIZ. He’s eager to see a consistent and attractive sidewalk experience. This is not an expense for general taxpayers, but rather of the property owners in the area, he points out.

8:14 p.m. Jim McDonald asks the council to allow property owners to vote on whether they want to participate in the expanded BIZ.

8:14 p.m. Ed Shaffran introduces himself as chair of the Main Street BIZ board. He thanks councilmembers for the conversations he’s had with them. He’s there in case they have any questions, he says.

8:15 p.m. Approval of previous meeting’s minutes.

8:15 p.m. Outcome: The council has voted to approve the minutes of its previous meeting.

8:15 p.m. Consent agenda. This is a group of items that are deemed to be routine and are voted on “all in one go.” Contracts for less than $100,000 can be placed on the consent agenda. This meeting’s consent agenda includes:

• CA-1 Approve contract for construction materials testing with CTI and Associates Inc. for the 2014 street resurfacing project ($82,332)
• CA-2 Approve purchase a TS15P R1000 Robotic Total Station and DNA10 Digital Level for Surveying ($33,671)
• CA-3 Approve purchase order for annual maintenance and support of TRAKiT System with CRW Systems Inc. for FY 2014 ($36,500)
• CA-4 Street Closing: Townie Street Party (Monday, July 14, 2014)
• CA-5 Street Closing: Ann Arbor Jaycees Fourth of July Parade (Friday, July 4, 2014)
• CA-6 Street Closing: Townie Party-Ann Arbor Mile (Monday, July 14, 2014)
• CA-7 Approve Transportation Alternatives Program Grant application to SEMCOG and MDOT to fund renovations of the Gallup Park pathway. [For more background, see Peds: Gallup Park Path above.]
• CA-8 Street Closing: Taste of Ann Arbor (Sunday, June 2, 2014)
• CA-9 Street Closing: The Event on Main Street (Thursday, June 19, 2014)

8:15 p.m. Councilmembers can pull out any item on the consent agenda for separate consideration. No one does tonight.

8:15 p.m. Outcome: The council has now approved all items on its consent agenda.

8:16 p.m. C-1 Outdoor Smoking Ordinance. This is still the first reading of a new local law regulating smoking in some outdoor locations. It was previously postponed at two different council meetings. The law would regulate smoking outside of public buildings and also potentially in areas of some city parks. Made punishable under the proposed ordinance through a $50 civil fine would be smoking within 20 feet of: (1) bus stops; (2) entrances, windows and ventilation systems of the Blake Transit Center; and (3) entrances, windows and ventilation systems any city-owned building. [For more background, see Outdoor Smoking above.]

8:18 p.m. Warpehoski first moves to replace a substitute resolution. It specifies that it’s a police officer who can enforce the ordinance, not a general employee.

Ellen Rabinowitz, interim health officer for Washtenaw County, is now at the podium sharing the county’s experience in enforcing the county’s ordinance on smoking outside entrances to buildings.

8:23 p.m. Rabinowitz is echoing the sentiments of Cliff Douglas during public commentary. Enforcement has been straightforward, she says. “Our experience in Washtenaw County has been quite good.” There’s been lots of compliance, she says.

Warpehoski is asking about Rabinowitz’s work with the Village of Dexter. Warpehoski invites her to explain why an enforcement mechanism is needed at all, if the idea is that it will be self-enforced.

8:24 p.m. Warpehoski asks Rabinowitz to comment on the benefit of such an ordinance as a public health professional. She ticks through the dangers of smoking. It harms users and innocent bystanders, she says. Anything we can do to limit smoking is a good thing, she says.

8:26 p.m. Eaton confirms that Rabinowitz works for Washtenaw County. He ventures that the county has not made efforts to ban smoking in its parks. She explains that the county parks commission has designated certain areas of county parks as non-smoking. Eaton confirms with Rabinowitz that she is the enforcement officer. He’s quizzing her about how the enforcement mechanism works.

8:28 p.m. Kunselman ventures that the county sheriff does not have a role in enforcement. Rabinowitz confirms that. Kunselman asks if she or her designee has the ability to issue a citation. It seems so. Kunselman says his concern is that he doesn’t want law enforcement officers to be writing tickets. He says it sounds like most people comply when they’re asked to stop.

8:30 p.m. Teall wants information about how other municipalities handle enforcement. Lumm notes that the county has had few complaints filed about violations. Lumm says that the council has received a letter from the People’s Food Co-op. Lumm asks if Rabinowitz has received a complaint from that business. Rabinowtz isn’t sure if People’s Food Co-op was one of the 400 complaints over the last 12 years.

8:31 p.m. Kailasapathy wonders how the city ordinance will add to the county ordinance. Rabinowitz says it will add teeth.

8:33 p.m. Kailasapathy asks for specifics about what Rabinowitz means by “teeth.” She means it in the sense of an additional tool, not in the sense that police officers will enforce it. Kailasapathy wonders if AAPD should be tackling heroin use at the public library or chasing down smokers.

8:34 p.m. Rabinowitz tells Kailasapathy that she’s right: They need to address the problem of heroin overdoses. But the smoking ordinance, she thinks, will be largely self-enforcing.

8:35 p.m. Briere asks if Warpehoski will accept a friendly amendment to the definition of “smoking.” She wants to add e-cigarettes to the definition. Warpehoski says he’d consider that friendly.

8:37 p.m. Warpehoski says he’s continued his outreach to various organizations: merchant area associations and the Ann Arbor Downtown Development Authority. He didn’t hear any objections. He recounts the origin of the ordinance – that he’d heard from constituents who felt trapped in situations where they could not get away from second-hand smoke. What drove it home for him was hearing from local businesses in the Sculpture Plaza area.

8:40 p.m. Warpehoski says the allocation of police officers is a red-herring argument. He cites a report out of Toronto that indicates outdoor smoking ordinances don’t cause an additional burden on police. He’s now going over arguments based on litter prevention. He calls it a humble effort. It’s narrow in scope, he says.

8:43 p.m. Warpehoski says it’s a way to make a healthier community. We should have smoke-free playgrounds and bus stops, he says. Taylor thanks Warpehoski for his work in amassing the information. It’s a deeply reasonable effort, he said. Smoking is a scourge, Taylor says, and smokers are accustomed to having a limited set of areas in which they can smoke. The facts are plainly stated, he says. It’s a reasonable ordinance. Concerns about allocation of police resources are not reasonable, Taylor says.

8:46 p.m. Kunselman reports the experience he had of walking behind a group of women who were walking down the sidewalk, three of whom were smoking. That would still be legal, he says. He ventures that receptacles for butts are provided. He brings up the issue of wood smoke, like that generated at Bill’s Beer Garden. He’s received complaints from constituents about wood burning in neighborhoods. He asks Warpehoski if he’d be willing to remove the penalty of a $50 ticket. If there’s a problem with compliance, then the council can revise the ordinance, Kunselman says.

8:48 p.m. Warpehoski ventures that Kunselman might be right that the new law would just move smokers to the sidewalk. But he sees that as an improvement. Warpehoski is now talking about the general issue of good and bad behavior in parks. If there’s a park where smoking is common, that would drive him and his kids out of that park.

8:49 p.m. On the wood smoke issue, Warpehoski says that he’d tried to keep his effort focused and targeted.

8:51 p.m. On the idea of removing the penalties, Warpehoski says we have a set of ordinances – not a book of suggestions. He invites Kunselman to move an amendment and see where it goes.

8:53 p.m. Hieftje says we’ve been talking about this for a while. He says that the information available now is typical of what the council has for a second reading. He says that he doesn’t understand why the council is overthinking the idea of banning smoking in city parks. Lumm says it’s not rational to pass ordinances at first reading just to get to second reading.

8:53 p.m. Lumm is talking about Satchel’s BBQ on Washtenaw Avenue and the wood smoke that comes from there.

8:56 p.m. Lumm says the ordinance is a solution in search of a problem. She appreciates that the ordinance has been amended. She calls it a pretty big step to regulate smoking in city parks. Many of the issues have not been addressed to her satisfaction, she says.

8:58 p.m. Kailasapathy says that the ordinance is structured to be punitive and not educational. Lower socio-economic groups have higher smoking rates, she says. She worries about the disparate impact. She wishes that the police can be taken out of the equation.

8:59 p.m. Warpehoski reiterates his response to Kunselman – that an amendment removing the penalty could be made, but he wouldn’t support it.

9:01 p.m. Eaton asks why e-cigarettes were added through Briere’s amendment – because he thought they did not emit harmful fumes. Cliff Douglas is explaining that these devices are not regulated and that they do contain nicotine.

9:02 p.m. Eaton and Douglas are engaged in a back-and-forth on e-cigarettes.

9:05 p.m. Eaton and Douglas are now discussing enforcement issues.

9:07 p.m. Douglas tells Kunselman that smoking rates have dropped on the UM campus.

9:08 p.m. Kunselman ventures that there’s no enforcement on the UM campus of the no-smoking ordinance, but it still works. Douglas allows that the campus police don’t enforce it, but there is an enforcement mechanism – through an employee’s supervisor, for example.

9:10 p.m. Teall says, “I want to say something!” If there’s a sign you can point to, that allows an ordinary citizen to have something to back up a request made to someone to stop smoking, she notes.

9:12 p.m. Eaton is in a back-and-forth with Rabinowitz on how compliance works.

9:14 p.m. The chief health officer for UM is now at the podium. UM had wanted to be respectful of smokers, but also wanted to create a healthy campus. The medical campus had been smoke-free since 1998, he says. Only one person had been discharged from employment for repetitive smoking, he says.

9:16 p.m. People are not issued citations at UM for smoking anymore than people would be issued a citation for not eating their five vegetables. Warpehoski asks how smoking at UM stadium is handled.

9:18 p.m. Petersen calls the question, saying that the ordinance has a lot of common sense in it and is very practical. Hieftje says everyone needs to have had a chance to speak.

9:20 p.m. [The council isn't voting on calling the question.]

9:20 p.m. Outcome: The council has voted to give initial approval of the ordinance regulating smoking in some outdoor locations, over dissent from Kailasapathy, Lumm and Eaton.

9:21 p.m. C-2 Stapp Rezoning. This item would give initial approval to rezoning of land that’s been donated to the city by developer Bill Martin, founder of First Martin Corp. The 2.2-acre parcel at 3301 Traverwood Drive is being added to the adjacent Stapp Nature Area, near the Leslie Park golf course. [For more background, see Land: Stapp Nature Area Addition Rezoning above.]

9:21 p.m. Briere gives some brief background.

9:21 p.m. Outcome: The council has voted to give initial approval of the rezoning.

9:21 p.m. Recess. We’re now in recess.

9:35 p.m. We’re back.

9:36 p.m. Reconsideration: Library Lot – Designation of Area as Urban Park

9:37 p.m. The council has voted to reconsider the resolution. It was a voice vote, with some dissent, not clear who.

9:38 p.m. Kunselman calls the situation that has arisen – the “unpredictability of posturing politicians trying to please people.”

9:42 p.m. Kunselman is proposing that the previous resolution be amended so that the square footage for the urban plaza is approximately 12,000 square feet. [This is prompted by the fact that Briere proposed the amendment at the March 17 meeting that changed the square footage from 12,000 square feet to a range – from 6,500 to 12,000. And now Briere has co-sponsored the resolution by Eaton and Anglin, later on the agenda, that calls for a public process that could result in the entire surface of the parking structure being used as an urban plaza.]

9:44 p.m. Briere responds to Kunselman by drawing the distinction between a civic use and a greatest and highest use. Hieftje ventures that the council’s action is making it difficult to follow what is going on. He says that using the entire South Fifth Avenue frontage (12,000 square feet) would cost the city $2 million in terms of potential selling price. He’s hesitant to give that up – $1 million of which could go to support affordable housing.

9:45 p.m. Kunselman says he supports the idea of a cantilevered building. He cites the comments from Jerusalem Garden owner Ali Ramlawi during public commentary in support of the idea that a plaza of 6,500 would be too small.

9:47 p.m. Teall says she shares Hieftje’s concerns. She likes the flexibility of the range – 6,500 to 12,000 square feet. She says 6,500 is not too small. Petersen is glad to see these resolutions come back. She says that passing the resolutions “jumped the gun” a little bit. Petersen is pitching the idea of a postponement.

9:48 p.m. Petersen says she wants the time of the postponement to be used to put together a group of stakeholders: the Ann Arbor District Library, Ann Arbor Area Transportation Authority, First Martin, Dennis Dahlmann, the Ann Arbor Downtown Development Authority, and the Library Green Conservancy, among others.

9:49 p.m. Petersen says she wants to postpone until the first meeting in October. Hieftje points out that the question before the council right now is Kunselman’s amendment. So the council goes back to the amendment.

9:50 p.m. On the amendment, Taylor says that it’s inconsistent with the library’s view and with the park advisory commission’s view. It’s a blunt instrument that has been deployed for a delicate task, he says. If it’s passed as amended, it would be an impediment to the development of this important parcel.

9:51 p.m. Petersen gets confirmation that the amendment would be consistent with a cantilevered building over the northwest portion of the property.

9:53 p.m. Briere says she hopes that a public space is going to be built. The language change at the last meeting was recommended to her by those who supported the park, she says. Her interest was in making the northern boundary of a plaza flexible. She responds to the talk about a cantilevered building by saying she’s not interested in trying to design a building at tonight’s meeting.

9:56 p.m. Briere quips that it’s an interesting challenge to not posture politically on the council. She won’t support Kunselman’s amendment. Anglin says the question of when we will have a community space in this town has been discussed for a long time. Anglin says he’s not running for office; he’s speaking for the public. He wonders if the council’s action at the last meeting was really what the public wants. He can’t support 12,000 square feet because he’s thinking about something much larger.

9:59 p.m. Warpehoski said at the last meeting there had been a dual narrative that we’d done a lot of process and that we’d not done enough process. He seeks a solution that 1. works for park advocates; 2. works for the city; 3. works for the AADL. He won’t support the amendment. Lumm says she will support it, saying the difference between 6,500 and 12,000 is small.

10:00 p.m. Taylor stresses that the PAC recommendation had not been 12,000 but rather more than the 5,000 that had been indicated in the Connecting William Street study.

10:01 p.m. Part of Warpehoski’s comments included the sentiment that he wanted to see a park on the Library Lane site in time for his kids to be able to play on it.

10:02 p.m. Eaton reminds the council that a sale of this property would require an eight-vote majority on the 11-member council. He said that there wouldn’t be eight votes without 12,000 square feet of parkland. He’ll support the amendment.

10:03 p.m. Kunselman says that the surface has been a surface parking lot for a very long time and he thought it would stay that way.

10:04 p.m. Outcome: The amendment passes over dissent from Briere, Taylor, Teall, Warpehoski, and Hieftje.

10:06 p.m. Petersen moves for postponement. Powers asks an opportunity to provide the council with better than just a guess about how long the stakeholder work would take. So the postponement would be to the next meeting, on April 21.

10:07 p.m. Kailsapathy says the resolution should be voted on tonight, and that the stakeholder meetings can be a separate resolution. She doesn’t want to drag it out. Hieftje also won’t support the postponement. There’ve been over 40 public meetings and it’s been going on for years, he says.

10:09 p.m. Taylor says he’ll support the postponement. The reconsideration was appropriate from a parliamentary perspective. But the AADL would probably have a hard time swallowing that as a proper process, he says. The notion that it was amended and passed at the previous meeting, then at this meeting restored to its original form, would be seen as borderline contemptuous of the library’s position, Taylor says.

10:11 p.m. Lumm says that the council is well informed of the AADL’s position. She says she’s going to oppose postponement.

10:13 p.m. Warpehoski says that once upon a time, a pig and a chicken decided to go into business that would serve ham and eggs. Then they said they weren’t sure if they should do that because one of them was bringing the ham and the other was bringing the eggs. Different stakeholders on the Library Lane site would be bringing ham and others would be bringing eggs. He would support the postponement because he was optimistic that the stakeholders could work something out.

10:15 p.m. Petersen explains to Kailaspathy that the postponement for two weeks would allow the city administrator to provide an update on the progress of hiring a broker, which would also include information on programming and maintenance of the public space on top of the Library Lane site.

10:16 p.m. Hieftje wants to move toward a vote on the postponement. Anglin asks a procedural question about reconsideration.

10:17 p.m. Kunselman says he won’t support the postponement. He appreciates Petersen’s effort to coordinate everyone, but he thinks that will create additional unneeded complexity. He ventures that Powers has not yet hired a broker, so there wouldn’t be much of an update.

10:19 p.m. Kunselman says that it’s important for the broker to have a clear understanding of what the council’s intent is. He cautions against postponing to get more information, when there is not going to be any additional information.

10:21 p.m. Outcome: The postponement fails on a 5-6 vote. Voting against were Kailasapathy, Lumm, Kunselman, Eaton, Anglin and Hieftje.

10:21 p.m. Taylor says this resolution is borderline contemptuous of the library. It’s also unwise – because predetermining the size of the public space without the full context of the site is inconsistent with that open space being successful.

10:22 p.m. Outcome: The council has voted to approve the resolution as amended to stipulate the 12,000 square footage – over dissent from Taylor, Teall, Warpehoski, and Hieftje.

10:23 p.m. Reconsideration: Direct Library Lot Listing for Sale

10:23 p.m. The council has voted to reconsider the resolution from last meeting.

10:24 p.m. Kunselman reports that he met with the outside bond counsel last Friday – on the private and public use questions related to the Build America Bond financing. The post-construction analysis had not been done, Kunselman says.

10:27 p.m. Kunselman says there wouldn’t be a post-construction analysis until the property was listed for sale. He says the number of private use spaces available will affect the value of the property. He’s going through the actual costs paid for construction and asks how much of the debt was actually applied. What if the number of spaces is significantly less than the 29% that were calculated pre-construction? He brought it back for reconsideration to let his colleagues know why it was important to list it for sale.

10:28 p.m. Anglin asks why the council can’t get the post-construction analysis just by asking for it.

10:31 p.m. Hieftje tells Anglin that he can just send the city attorney an email asking for it. Kunselman says that he wants the outside bond counsel to put in writing that it agrees with the analysis – because he wants the outside bond counsel’s insurance to cover any errors and omissions. City attorney Stephen Postema says it would be a normal process to get that information as part of putting the property on the market. Kailasapathy says the council should be able to get the information directly. She wants the outside bond counsel to analyze the post-construction numbers.

10:32 p.m. Kailasapathy says we should not rush into selling the land, just in order to get this post-construction analysis. Postema reiterates that it would be a normal part of selling the property.

10:33 p.m. Briere says that now that she understands Kunselman’s motivation for wanting to list the land – and given that it’s clear he didn’t necessarily expect the land to be sold, she thinks it would be easy to vote it down.

10:36 p.m. Kunselman now adds that he brought up the issue because nobody else had brought it up. When he put it forward, community outcry had been heard and some of his colleagues had gotten cold feet. Instead of delaying the listing (as Anglin and Eaton’s resolution later in the meeting would do), he invited his colleagues to vote down the resolution. He’d still vote to list the property, however. Kunselman ventures that the Library Lane site has been an uncomfortable topic – and had caused people to lose elections. It doesn’t hurt to get the information and it doesn’t hurt to list the property for sale, Kunselman says.

10:38 p.m. Anglin wonders why they can’t just ask for the information. Kunselman says he’s not about to put millions of dollars to construct a park on the Library Lane site. There are other park needs – a tunnel to complete the Border to Border Trail, for example – that he would vote to spend money on before he’d spend money on a park on top of the Library Lane parking structure.

10:40 p.m. Kunselman says that through all this discussion, no one has talked about where the money is coming from to build a park on the Library Lot. By listing it for sale, it at least starts a conversation with someone who has some money, he says.

10:41 p.m. Kunselman is reviewing the DDA’s proposed budget and concludes that the DDA would not have money to put into it.

10:44 p.m. Taylor says he wants to provide some context. To look at the Library Lane site on its own is misleading, he says. The parking system as a whole generates revenues that are used to pay the debt, he says. The Library Lane parking structure had allowed tech companies to locate in the downtown and was a success by any rational measure, he says. Hieftje agrees with Taylor. Lumm says she voted for the resolution last time. She seems inclined to support it this time around.

10:45 p.m. Lumm is now talking about the resolution later on the agenda that would delay the listing. She says that’s also important.

10:47 p.m. Heiftje says he’ll vote for the resolution because he doesn’t see any other way to fund a plaza. Briere says she’ll vote for it because there’s an opportunity to amend it later on the agenda.

10:48 p.m. Outcome: The council has voted to affirm its vote from the last meeting over dissent from Kailasapathy, Lumm, Eaton, Anglin.

10:48 p.m. DC-1 Same-sex Marriage. This resolution asks that Michigan state officials stop opposing a recent court ruling that allows same-sex marriages. The ruling in question was issued by federal judge Bernard Friedman on Friday, March 21, 2014 in the case of Deboer v. Snyder. In that ruling, Friedman found that Article I, Section 25 of the Michigan Constitution – which limits the benefits of marriage to unions between one man and one woman – did not advance any legitimate state interest. So the ruling had the effect of making same-sex marriages legal in Michigan.

But the day following the decision, on March 22, the U.S. Court of Appeals for the Sixth Circuit issued a temporary stay on Friedman’s ruling. Michigan’s Gov. Rick Snyder and Attorney General Bill Schuette are appealing Friedman’s decision. [For more background, see Same-Sex Marriage above.]

10:49 p.m. Taylor is reviewing the content and background of the resolution.

10:51 p.m. Warpehoski echoes the thanks Taylor gave to Washtenaw County clerk Kestenbaum. He didn’t remember crying at his own wedding, but he’d cried at the weddings of some same-sex couples immediately after the Friedman ruling.

10:52 p.m. Lumm was pleased that it had been brought forward and was pleased to add her name as a co-sponsor.

10:52 p.m. Outcome: The council has voted unanimosuly to approve the resolution calling for state officials to stop opposing the Friedman ruling on same-sex marriage.

10:53 p.m. DC-2 Amended Main Street BIZ plan. This resolution would approve expansion of the geographic area of the Main Street Business Improvement Zone. The business improvement zone was established in 2010 by a vote of property owners in the zone to provide a mechanism for taxing themselves to pay for items like sidewalk snow removal, sidewalk sweeping and landscaping. For the expansion to be finalized it will need to be approved by property owners in the expanded district. [For more background, see Land: Main Street BIZ Expansion above.]

10:54 p.m. Taylor is reviewing the background. He encourages the council’s support.

10:56 p.m. Kailasapathy asks Ed Shaffran to the podium. She’s comparing the situation to Russia and Crimea. Shaffran explains that they’re following the state statute.

10:57 p.m. Kailsapathy says that the sidewalks on Main Street are wider than on Fourth Avenue. Shaffran ventures that the square footage of sidewalks might differ, but he alludes to 13 iterations to come up with an equitable approach.

10:58 p.m. Shaffran tells Kailasapathy that as a property owner on Main Street and on Fourth Avenue, he’s not hearing snow removal contractors say that they’d charge less to remove snow on Fourth Avenue.

11:02 p.m. Kailsapathy tells Shaffran that she’s weighing in on behalf of property owners who could not attend the meeting. Shaffran notes that the vote needs a 60% majority. Eaton asks what would happen if everyone in the existing BIZ voted for it and in the expanded zone voted against it – and Shaffran tells him it would fail. The new area is larger than the existing area.

11:02 p.m. Hieftje says he’ll vote for it. Warpehoski says he’ll vote for it because it’s an accessibility issue.

11:02 p.m. Outcome: The council has voted unanimously to approve the amended Main Street BIZ plan.

11:03 p.m. Recess. We’re now in recess.

11:12 p.m. We’re back.

11:12 p.m. DC-4 Amend March 17, 2014 resolution directing Library Lot to be listed for sale. This item revisits a March 17, 2014 resolution on listing the surface of the Library Lane structure for sale. Mike Anglin (Ward 5) and Jack Eaton (Ward 4) sponsored the item which delays the hiring of a broker and listing the property for sale until a public process, to be structured by the city administrator, is completed. That public process is supposed to allow discussion of the possibility that the entire surface of the underground parking garage could be used as a park or plaza. [For more background, see Land: Amendment to Library Lane Resolution to List for Sale above.]

11:15 p.m. The reconsidered resolution – to list the Library Lane development rights for sale – from the last meeting was approved (again) earlier tonight. This resolution would amend that resolution to delay the listing until after additional public process.

11:16 p.m. Anglin is giving the background on this proposal to amend the council’s previous resolution. This is to create something the entire city can be proud of, Anglin says.

11:20 p.m. Briere says that more than four years ago, she and Anglin and Kunselman were among those who’d requested that the task force reviewing the responses to the Library Lot RFP also consider those proposals that proposed public space. This resolution would allow the city administrator to structure a public process. She says if she had her way – which she ventured she would not – the city would bring in someone from the outside, because we as a community have become polarized, she says.

11:21 p.m. Briere will support this because having the community discussion is vital to having that public space work. If we don’t have community buy-in, it won’t be a successful space, whether there are eight votes or not, she says.

11:22 p.m. Hieftje is inviting Ault to the podium. He’s asking her to review the outreach that the downtown parks subcommittee had done. Ault, who is chair of the park advisory commission, also chaired that subcommittee.

11:25 p.m. Hieftje says it’s been going on for years. He calls it kicking the can down the road. He says there’s no way to build something on the Library Lane site without selling something. Hieftje highlights the part of the resolution that contemplates the use “in its entirety” of the surface as a public plaza. He calculates that this would entail throwing away $16 million. He says he’d prefer to spend a half million redeveloping Liberty Plaza. “I don’t understand it,” he says about the resolution.

11:27 p.m. Hieftje says that when a pretty narrow interest group wins, then maybe people will say that there’s been enough public process. Kunselman says he also won’t support the resolution. He says the public process described in the resolution could be done in parallel with listing the property for sale.

11:29 p.m. Kunselman says he’d support the resolution if the part about delaying the hiring of a broker were deleted. He says, “I’m not sellin’ without getting a 12,000 square foot plaza or public use space.” He also won’t support considering the entire parcel as a “commons.” Kunselman says that he’s had a conversation with a member of the Library Green Conservancy and that group is not behind this proposal, he says. That group had done its homework and worked to figure out what was possible.

11:30 p.m. Kunselman points out that a planter can get really heavy when it fills up with water.

11:32 p.m. Eaton notes that at the March 17 meeting, the library had asked the council to delay the resolution. And since that meeting, the planning commission had passed a resolution asking the council to use an RFP process. He felt there was still an interest among stakeholders in a continued conversation.

11:34 p.m. Petersen is asking Anglin and Eaton what they intend to happen.

11:35 p.m. She wants to know if the intent is to have a conversation with the stakeholders about keeping the entire site green. Yes, says Anglin.

11:38 p.m. Warpehoski says he can’t vote for this resolution at the same time he voted to accept the PAC recommendations that called for some kind of mixed use. This evening the council had thumbed its nose at the library but now is saying they need to be a partner. Warpehoski says Kunselman has this one right. He thinks that a sales agreement can have a rider agreement just like the former Y lot did. He thinks that the public process can unfold in a parallel way. Warpehoski ventures that there will be a “hot mess” discount when a developer thinks about trying to do business with the city.

11:39 p.m. Lumm says that Warpehoski is right about the conversation being a little bit weird. But she says that if you step back and think about it, it’s about making sure that the public has a chance to provide input.

11:42 p.m. Lumm says more discussion is not a terrible thing. Taylor agrees with Warpehoski’s point about voting for the PAC recommendations and voting for this resolution – that they’re inconsistent. Taylor says that Kunselman has it right – that we’ll see what a developer has to propose, quipping “whoever dares” to bid on the property.

11:44 p.m. Hieftje is suggesting some sort of compromise.

11:44 p.m. Recess. We’re now in recess so that councilmembers can figure out some compromise.

11:46 p.m. We’re back.

11:48 p.m. The council has essentially agreed to vote this down and possibly bring it back at a future meeting.

11:49 p.m. Outcome: The council has voted unanimously to reject the resolution that would have halted the listing of the Library Lane surface development rights for sale, until a public process has been completed.

11:49 p.m. DC-3 Library Lot sale proceeds. This resolution would direct the city administrator to allocate half the proceeds from a possible upcoming real estate sale to support affordable housing. The land in question is the surface of the Library Lane underground parking structure, which completed construction in the summer of 2012. [For more background, see Land: Library Lot Proceeds to Affordable Housing above.]

11:51 p.m. Briere is explaining the background of the resolution. She didn’t think the minimum 10% recommendation of the council’s budget committee over a year ago would be enough. She calls this as modest as possible – and made it 50%.

11:55 p.m. Eaton says that because we have no idea how much the property might sell for, he asks Briere if she would accept an amendment to say “up to 50%” – in case the property generated a greater-than-expected amount of money. Briere says if the property hypothetically generated a sale price of $15 million, she wouldn’t hesitate to put $7.5 million into the affordable housing trust fund.

11:56 p.m. Hieftje says that it would be a “game changer” to be able to work with Washtenaw County on the Platt Road property to develop affordable housing. There would be no harm done in passing this tonight. Taylor concurs with Hieftje that Ann Arbor needs more affordable housing and that’s a capital-intensive endeavor.

11:58 p.m. Taylor says that using the proceeds for affordable housing is consistent with a deeply held community value. Lumm says she supports the concept. She points out that this is what the council had done with the former Y lot. Earmarking half for affordable housing is not unreasonable, she says. But she questions why this decision needs to happen now. It makes more sense to not make this decision now. We should think this through in the context of all city council priorities, she says.

12:02 a.m. Kunselman echoes Lumm, saying that it’s counting our chickens before they hatch. This is not a binding resolution, he says. He ventures that the council won’t see a sale until at least next year, and many councilmembers here tonight won’t be here then. It would make a great statement, he says, but wouldn’t do much for what the council needs to focus on – working on the budget process. He wonders why some of this money would not go toward downtown beat cops.

12:03 a.m. Kailasapathy is focusing on the part of the resolution that puts the other half of the proceeds into the general fund. She wants to see the part of the proceeds not going to affordable housing to go toward capital investments.

12:04 a.m. City administrator Steve Powers ventures that it could be restricted as capital investments. Kailasapathy says she’s not sure if she wants to put in the energy to amend the resolution now, given that a sale is so far away.

12:05 a.m. Petersen says that even if it’s premature, that doesn’t mean it should be voted down. She wants to postpone it until after the budget is approved.

12:06 a.m. The postponement being discussed is until the first meeting in June. [The council ratifies the FY 2015 budget at its second meeting in May.]

12:07 a.m. Briere is arguing against the postponement by drawing a distinction between policy and budgeting.

12:08 a.m. Outcome: The council has voted to postpone the resolution allocating 50% of the net proceeds of a future Library Lot sale to the affordable housing trust fund. Dissenting were Briere, Taylor, Teall, Warpehoski, and Hieftje.

12:08 a.m. DB-1 Belle Tire ROW Vacation. The property owner has proposed that the city vacate the northern 7 feet of its right-of-way easement. In exchange, the property owner has offered to convey a non-motorized use easement over the same 7 feet. Such an easement would allow for this strip to be used by the public for future non-motorized transportation facilities, according to a staff memo. And as a non-motorized use easement, the 7-foot strip would be considered part of the required 10-foot front building setback. This resolution would approve that arrangement. [For more background, see Peds: Belle Tire Easement above.]

12:08 a.m. Outcome: The council has voted to accept the Belle Tire non-motorized easement.

12:09 a.m. DB-2 Request UM regents consider city land use recs. This resolution, which originated with the planning commission, recommends that the University of Michigan collaborate with the city of Ann Arbor on the future development of the former Edwards Brothers property at 2500-2550 South State Street, immediately adjacent to existing UM athletic facilities. The university is purchasing the 16.7-acre property, following the Ann Arbor city council’s decision on Feb. 24, 2014 not to exercise its right of first refusal to buy the site. [For more background, see Land: Recommendation to UM on Edwards Brothers above.]

12:10 a.m. Petersen said that when she heard the resolution was coming forward, she was eager to support it. She wished that the city had more leverage, which could have resulted from exercising the city’s right of first refusal on the property. The dialogue has been a long time coming.

12:11 a.m. Lumm said she also wished that the city had exercised its right of first refusal on the Edwards Brothers property. “Let the talks begin,” she says.

12:11 a.m. Outcome: The council has voted unanimously to approve the resolution asking UM regents to consider city planning documents as it plans the future of the former Edwards Brothers property on South State Street.

12:11 a.m. DS-1 Pedestrian safety task force funding resolution. This would appropriate $197,250 to fund the work of a pedestrian safety and access task force. It was postponed to tonight from the council’s March 3, 2014 meeting.That amount includes an “estimated $122,500” as the approximate cost of the anticipated city staff effort for the project. The total project budget includes $77,400 for a professional services agreement with Project Innovations Inc. to provide facilitation services. This item is expected to be withdrawn, and the city is putting the facilitator contract out for bid. [For more background, see Peds: Pedestrian Safety and Access Task Force above.]

12:12 a.m. Briere says she’d like to withdraw the resolution, saying that the staff memo makes it clear that no allocation needs to be made at this time. She gives an update on the first task force’s meeting.

12:13 a.m. Outcome: The resolution has been withdrawn.

12:14 a.m. Eaton raises the question of whether Briere can withdraw the resolution, given that it was placed on the agenda by staff.

12:15 a.m. Hieftje says he’s uncomfortable not voting on it.

12:16 a.m. So the council is now discussing the resolution. Lumm moves to table it. Warpehoski notes that a motion to table is not subject to debate.

12:19 a.m. Briere explains that her intent was not to prevent people from talking, but rather to save time, given that it was a null point. If the staff doesn’t need an allocation of funds, there’s no reason to allocate funds. Briere points to the memo from staff. Powers concurs that the resolution is no longer needed. Lumm withdraws her motion to table.

12:20 a.m. Kailasapathy questions why there’s an RFP being issued for the consultant.

12:22 a.m. Eaton says he’s troubled that the city is considering spending this much money on a consultant to support a task force.

12:24 a.m. Warpehoski is arguing for the need for the labor of a consultant.

12:28 a.m. Powers reminds the council that the $75,000 for sidewalk gaps was to prioritize gaps, not to install concrete. Lumm appreciates the fact that now an RFP is being issued.

12:39 a.m. Lumm is arguing against the resolution. Hieftje points out that those who moved the resolution also want to see it voted down. Kailasapathy asks why the city is hiring a consultant when it’s not clear what kind of consultant is needed. Teall doesn’t understand why Briere and Warpehoski – as the mover and seconder – want to see the resolution voted down. She thinks a task force should be supported. Warpehoski reviews the background. Teall ventures that it’s really all about Project Innovations. Many of the sanitary sewer wet weather citizens advisory committee members were satisfied with Project Innovations work on that project. When there were some complaints, they got a lot of traction, Teall said, and she wasn’t sure that was fair. Briere raises the point that many people objected to the fact that Project Innovations would have been given a no-bid contract.

12:40 a.m. Briere tells Teall that the task force doesn’t need an allocation of funds right now.

12:40 a.m. Outcome: The council votes unanimously to reject the resolution.

12:41 a.m. DS-2 Windemere Tennis Court contract with Nagle Paving Company. The council will consider a $134,297 contract with Nagle Paving Co. to relocate and rebuild the tennis courts at Windemere Park. [For more background, see Asphalt: Windemere Tennis Courts above.]

12:41 a.m. Lumm thanks staff and the neighbors who worked hard on it.

12:43 a.m. Taylor piles on with thanks to PAC, who listened and worked with the neighbors.

12:43 a.m. Outcome: The council has voted to to approve the Windemere tennis courts paving contract.

12:43 a.m. DS-3 Annual street resurfacing contract with Barrett Paving This resolution approves a construction contract to Barrett Paving Materials Inc. for $3.409 million for the 2014 street resurfacing program. [For more background, see Asphalt: Street Resurfacing Program above.]

12:43 a.m. Outcome: The council has voted to approve the annual street resurfacing contract.

12:44 a.m. DS-4 Annual sidewalk repair contract with Doan Construction Company. Part of the city’s sidewalk repair program involves outright replacement of sidewalk slabs. This resolution approves that contract with Doan Construction Company for $1,707,037. [For more background, see Peds: Sidewalk Maintenance Program above.]

12:45 a.m. Outcome: The council has voted to approve the annual sidewalk repair contract.

12:45 a.m. DS-5 Annual sidewalk cutting contract with Precision Concrete Cutting. Some sidewalk slabs are in reasonably good shape but are out of alignment with adjacent slabs. The city takes the approach of shaving the portion that’s out of alignment so that it’s flush. This resolution approves the contract for the cutting work for the upcoming 2014 program is to be awarded to Precision Concrete Cutting for $207,350.

12:45 a.m. Outcome: The council has voted to approve the annual sidewalk cutting contract.

12:46 a.m. Communications from the council. Warpehoski thanks the Veg Week sponsors for bringing food. He mentions that the rules committee is looking at an ethics policy that might also include a gift acceptance policy.

12:48 a.m. Kunselman is quoting out a correction made in The Ann Arbor Observer, that vindicates statements by him and Kailsasapathy in a December 2013 article and apologizes to him. “Apology accepted,” Kunselman says.

12:53 a.m. Kunselman is quoting out incident reports from the AADL that documented heroin overdoses at the downtown location. Kunselman says he’d asked the city administrator to find out what exactly is going on. He says he hasn’t seen anything about arrests being made. He wonders why someone who ODs and survives is not prosecuted and why the dealers are not tracked down and prosecuted. Hieftje ventures that the police might be pursuing this matter “quietly.” Kunselman doesn’t agree with that approach. Warpehoski says that he’s inquired with Jim Balmer of Dawn Farms and the indication was that treatment is an appropriate response to addiction. Kailasapathy says that this doesn’t apply to those who are peddling the drugs.

12:54 a.m. Briere says that Kailasapathy is right, but that it can take time to develop a case against a drug dealer.

12:55 a.m. Clerk’s report of communications, petitions and referrals. Outcome: The council has accepted the clerk’s report.

12:55 a.m. Public comment general time. There’s no requirement to sign up in advance for this slot for public commentary.

12:56 a.m. Stefan Trendov says that in all the time he’s watched the council, he thinks that the councilmembers are finally talking to each other. They’re going in a good direction and he wishes them a good night.

12:58 a.m. Kai Petainen says that he wants the Ann Arbor station study process to be transparent. He says that a label on one of the maps covers up green dots that show areas of environmental concerns near the Fuller Road site. He wants maps that don’t look like marketing materials, he says.

1:02 a.m. Alan Haber says he’s sat through the deliberations and gives them great honor for persevering through all the detail. He’s always considered the whole surface of the Library Lot parking structure as a community space. He objects to the characterization of his group as a narrow interest group.

1:04 a.m. Odile Hugonot-Haber expresses disappointment at the council’s decisions on the Library Lot. She reports that she’s heard about a greenbelt property that sold its development rights for mineral extraction through fracking.

1:07 a.m. Caleb Poirer says that he was impressed with the patience that councilmembers had shown each other tonight. He thanks the attendees of the March 17 meeting on homelessness. He was moved by Briere’s point that affordable housing is a priority, but not a funded one. He tells the story of “Million-Dollar Murray.” Sometimes affordable housing reduces the need for policing.

1:08 a.m. Hieftje asks Powers if new mics can be purchased – as they generate a fair amount of static.

1:09 a.m. Closed session. The council is going into closed session to discuss pending litigation.

1:25 a.m. We’re back.

1:25 a.m. Adjournment. We are now adjourned. That’s all from the hard benches.

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

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Screenshot of Legistar – the city of Ann Arbor’s online agenda management system. Image links to the April 7, 2014 meeting agenda.

The council’s April 7 agenda features two significant items of old business: a first reading of an ordinance that would regulate outdoor smoking in certain locations; and an allocation of funds for the work of a pedestrian safety and access task force.

[Updated 5 p.m. April 4, 2014. The pedestrian safety task force funding resolution is now expected to be withdrawn. At the first meeting of the task force, held on Friday, April 4, Ward 1 councilmember Sabra Briere, speaking from the audience, told the group that it was her intent to withdraw the funding resolution when the council meets on April 7. Withdrawing the resolution at the April 7 meeting would not mean that the task force will not be able to do its work. Details are included after the jump.]

Pedestrian issues form one of the themes of the meeting agenda – as the council will be approving annual contracts for the sidewalk repair program, as well as applying for a grant to renovate the pathway in Gallup Park – from the Geddes Dam at the east end of the Gallup Park pathway, to the parking lot east of Huron Parkway. Along with the sidewalk maintenance program contracts, the city council will also be asked to approve the annual street resurfacing program contracts.

Another main theme of the meeting is land use. Carried over as a topic from the council’s March 17 meeting is the surface of the city-owned Library Lane underground parking structure in downtown Ann Arbor. After voting on March 17 to hire a real estate broker, the council will consider a resolution on April 7 that would allocate to the city’s affordable housing trust fund half of the proceeds of any sale of the site’s development rights.

But on April 7 the council will also be considering an amendment to the March 17 resolution that directed the city administrator to list the surface of the Library Lane parking structure for sale. The amendment would require a public process to take place before brokerage services are obtained or the real estate is listed for sale. That public process is supposed to allow discussion of the possibility that the entire surface of the underground parking garage could be used as a park or plaza. The amendment is sponsored by Mike Anglin (Ward 5) and Jack Eaton (Ward 4).

The council will also be considering three items that arrived on its agenda via the city’s planning commission: rezoning of a nature area to PL (public land); approval of a site plan for the gym expansion at Concordia University [now expected on the April 21 meeting agenda]; and a resolution calling on the University of Michigan to incorporate the city’s land use recommendations as it considers the future use of the Edwards Brothers property on South State Street.

In other business, the council will be considering a resolution to approve an expansion of the Main Street business improvement zone (BIZ). The geographic area of the self-assessment district – which handles sidewalk snow removal, sweeping and other upkeep for property owners – would more than double. The final decision rests with the property owners in the expanded area.

Also at its April 7 meeting, the council will consider a resolution asking that Michigan state officials stop opposing a recent court ruling that allows same-sex marriages.

The council’s agenda also includes several street-closing approvals for upcoming events: Taste of Ann Arbor on June 2; The Event on Main Street on June 19; the Ann Arbor Jaycees Fourth of July Parade on July 4; and the Townie Street Party on July 14.

Among the reports and communications attached to the agenda is the final report of a council economic collaborative task force.

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

Outdoor Smoking

A new local law regulating smoking in some outdoor locations will be given a first reading by the council for the third time at its April 7 meeting. The law would regulate smoking outside of public buildings and also potentially in areas of some city parks.

The most recent action – to postpone the ordinance until April 7 – came at the council’s March 3, 2014 meeting. The new ordinance had also been postponed at the council’s Feb. 3 meeting.

Chuck Warpehoski (Ward 5), sponsor of the proposed new local law, had appeared before the city’s park advisory commission on Feb. 25, 2014 to brief commissioners on the proposal and solicit feedback.

Made punishable under the proposed ordinance through a $50 civil fine would be smoking within 20 feet of: (1) bus stops; (2) entrances, windows and ventilation systems of the Blake Transit Center; and (3) entrances, windows and ventilation systems any city-owned building.

The ordinance would also authorize the city administrator to have signs posted designating certain parks or portions of parks as off limits for outdoor smoking, and to increase the distance from entrances to city buildings where outdoor smoking is prohibited.

Where no signs are posted noting the smoking prohibition, a citation could be issued only if someone doesn’t stop smoking immediately when asked to stop.

An existing Washtenaw County ordinance already prohibits smoking near entrances, windows and ventilation systems, according to the staff memo accompanying the resolution – but the county’s ordinance can be enforced only by the county health department. The memo further notes that the Michigan Clean Indoor Air Act does not regulate outdoor smoking.

At the council’s March 3 meeting, other councilmembers expressed concern about the potential disparate impact of such a law on the homeless, and the challenge of enforcement.

Peds: Pedestrian Safety and Access Task Force

At its April 7 meeting, the council will consider for the second time a resolution that would appropriate $197,250 to fund the work of a pedestrian safety and access task force. Action to postpone the resolution until April 7 came at the council’s March 3, 2014 meeting.

The total amount proposed to be appropriated for the task force project budget is $197,250. That amount includes an “estimated $122,500” as the approximate cost of the anticipated city staff effort for the project. The total project budget includes $77,400 for a professional services agreement with Project Innovations Inc.

The funds are to be sourced in part from an allocation made during the May 20, 2013 budget deliberations, which appropriated $75,000 for a study to prioritize sidewalk gap elimination. The connection between sidewalk gaps and the task force’s work is based in part on one of the other “resolved” clauses establishing the task force: “… the task force will also address sidewalk gaps and create a tool for setting priorities for funding and filling those gaps; …”

The pedestrian safety and access task force was established through a council resolution passed on Nov. 18, 2013. Confirmed as members of the task force on Jan. 21, 2014 were: Vivienne Armentrout, Neal Elyakin, Linda Diane Feldt, Jim Rees, Anthony Pinnell, Sarah Pressprich Gryniewicz, Kenneth Clark, Scott Campbell, and Owen Jansson.

Another key “resolved” clause establishing the group’s scope of work includes the following: “… the task force will explore strategies to improve pedestrian safety and access within a framework of shared responsibility through community outreach and data collection, and will recommend to council improvements in the development and application of the Complete Streets model, using best practices, sound data and objective analysis.”

The responsibilities of the task force include delivery of a report a year from now – in February 2015.

The funding for the task force is in part to be used to pay for a $77,400 contract with Project Innovations Inc. to provide facilitator support to the task force.

According to a staff memo written in response to councilmember questions, the facilitator would assist with an anticipated 18 task force meetings, 24 resource group (staff) meetings, five stakeholder meetings and three public meetings. The facilitator would be “preparing materials and agendas; facilitating the meetings; summarizing the meetings; facilitating communication and discussions between, and among, the task force members and the resource group; and, developing materials for community outreach in addition to the actual public meetings, including content for press releases and web page publishing, and a community survey.”

According to the staff memo, a “team of staff members has identified Project Innovations, Inc. as a firm in the region that has demonstrated skill in task force facilitation and robust community engagement efforts, and is uniquely qualified with the capacity to facilitate the pedestrian safety and access task force’s rigorous work approach within the specified timeframe.” Based on the phrasing in the memo, the work appears not to have been put out to bid and Project Innovations was identified as a “sole source” provider.

Project Innovations is the same firm currently providing facilitation support to a citizens advisory committee that is attached to a sanitary sewer wet weather evaluation study being conducted by the city.

The resolution establishing the task force does not explicitly charge the group with a review of the city’s crosswalk law. But the pedestrian safety task force was established in the same time frame as the council was considering an amendment to the city’s crosswalk law. The council ultimately voted to change the language of that law at its Dec. 2, 2013 meeting – so that motorists were required to concede the right-of-way only to pedestrians who had already entered the crosswalk.

That change was subsequently vetoed by mayor John Hieftje. Drawing on the phrasing used in Hieftje’s statement of veto, Stephen Kunselman (Ward 3) has indicated he intends to bring forward an amendment that would require motorists to stop at crosswalks for pedestrians only if “they can do so safely.” At the council’s Feb. 18, 2014 meeting, Kunselman announced he’d be pursuing such an amendment.

The council’s April 7 deliberations on the funding of the task force could be impacted by the first meeting of the task force, which is scheduled for April 4. Based on the agenda for that first task force meeting, recommendations on the funding question could come from the task force to the council to consider on April 7. Indications at the March 3 council meeting were that the budget for the task force and the scope of work for the staff and consultant support could change considerably.

[Updated 5 p.m. April 4, 2014]  The funding resolution is now expected to be withdrawn. At the first meeting of the task force, held on Friday, April 4, Ward 1 councilmember Sabra Briere, speaking from the audience, told the group that it was her intent to withdraw the funding resolution when the council meets on April 7.

Withdrawing the resolution at the April 7 meeting would not mean that the task force will not be able to do its work. Here’s why. In the resolution that’s expected to be withdrawn, the total amount proposed to be appropriated for the task force project budget is $197,250. That amount includes an “estimated $122,500” as the approximate cost of the anticipated city staff effort for the project. The total project budget includes $77,400 for a professional services agreement with Project Innovations Inc.

So the portion of the project budget that requires hard costs to be covered – other than city staff time – is the cost for the consultant to provide facilitation services. And according to a staff memo to the city administrator written after the council’s action to postpone, the bulk of the cost can already be covered in an existing budget allocation. From the March 27, 2014 staff memo to the city administrator: “The estimated amount for the facilitation work is $70,000 to $90,000. Of this amount, $75,000 is currently budgeted for pedestrian safety and sidewalk-gap planning. The remaining $15,000 will be included in the City Administrator’s recommended FY 14 budget amendment.”

In addition to authorizing the funding, the resolution would authorize a $77,400 contract with Project Innovations for the facilitation work. But now, it’s not clear that particular consultant will be selected for the work. Originally Project Innovations had been identified by staff as a contractor uniquely qualified to do the facilitation work. Project Innovations is familiar to city staff as the facilitator for a sanitary sewer wet weather evaluation study the city is currently conducting. But now the city has decided to issue an RFP for the facilitation work. [.pdf of RFP No. 893] Responses to the RFP are due by April 22, 2014.

At the April 4 task force meeting, Connie Pulcipher – a systems planner with the city of Ann Arbor – told members of the task force that they could be involved in the process of interviewing respondents to the RFP. The delay in selecting a facilitator means that the original timeline for the group’s work, which included a final report by February 2015, has shifted to around August 2015.

Peds: Belle Tire Easement

On the council’s agenda is approval of an easement related to the Belle Tire site plan at State and Ellsworth. The planning commission recommended approval at its March 18, 2014 meeting.

Aerial view of a proposed Belle Tire site.

The site plan itself was recommend for approval by the commission at its Aug. 20, 2013 meeting, and the project subsequently received city council approval on Oct. 7, 2013. The site is located in Ward 4.

By way of background, a 50-foot-wide right-of-way easement on the front this site was recorded by the city as part of a previously approved land division for this parcel. That easement reduced the front setback of the Belle Tire building from 10 feet to roughly 3 feet. The minimum front setback for this site is 10 feet.

So the property owner, who also owns the adjacent site at 3975 S. State, has proposed that the city vacate the northern 7 feet of its right-of-way easement.

In exchange, the property owner has offered to convey a non-motorized use easement over the same 7 feet. Such an easement would allow for this strip to be used by the public for future non-motorized transportation facilities, according to a staff memo. And as a non-motorized use easement, the 7-foot strip would be considered part of the required 10-foot front building setback.

Peds: Gallup Park Path

On the council’s consent agenda – a group of items voted on all-in-one-go – is approval of a grant application to fund renovations to a pathway that runs through Gallup Park, which is part of the Border to Border Trail (B2B) connecting the eastern and western borders of Washtenaw County. Renovations would include repairs to the existing asphalt, as well as widening to 10 feet – in part to meet current American Association of State Highway and Transportation Officials (AASHTO) standards.

The grant application would be made to SEMCOG (Southeast Michigan Council of Governments) and MDOT (Michigan Dept. of Transportation) for the Transportation Alternatives Program (TAP). The grant funds, if awarded, would fund renovation of the pathway from the Geddes Dam at the east end of the Gallup Park pathway, to the parking lot east of Huron Parkway. The work would include the loop that leads around that part of the park. Total length of the pathway to be renovated is about two miles.

The city would provide a grant match of $200,000, which would be paid out of the parks and recreation capital improvements millage.

Peds: Sidewalk Maintenance Program

Also related to pedestrian issues are two contracts related to the annual sidewalk maintenance and repair program, which is funded out of a five-year millage approved by voters in November 2011.

A sidewalk marked with a “C” – which indicates that it needs to be cut flush – on Fifth Avenue south of William Street.

Some sidewalk slabs are in reasonably good shape but are out of alignment with adjacent slabs. The city takes the approach of shaving the portion that’s out of alignment so that it’s flush.

Cutting the concrete is more cost effective than replacing the entire slab. The contract for the cutting work for the upcoming 2014 program is to be awarded to Precision Concrete Cutting for $207,350.

The other part of the program involves outright replacement of sidewalk slabs.

That contract is to be awarded to Doan Construction Company for $1,707,037.

Areas of the city of Ann Arbor where sidewalk repair will be done in 2013 and 2014.

Asphalt: Street Resurfacing Program

In addition to an annual sidewalk repair program, the city manages an annual street resurfacing program. On the council’s April 7 agenda is the award of a construction contract to Barrett Paving Materials Inc. for $3.409 million for the 2014 program. Also on the agenda is a professional contract for materials testing – with CTI and Associates Inc. for $82,332.

Heavy black highlights indicate stretches of road that are a part of the city of Ann Arbor’s street resurfacing program in 2014.

Text descriptions of the streets to be resurfaced are as follows:

• Washington: First Ave to Fourth Ave (April – May)
• Fuller: Maiden Lane to Huron River Bridge (May – June)
• Newport: Sunset to south of Bird Rd (June – July)
• Linwood:, Doty to Wildwood (April – May)
• Northside Grill Alley: Broadway to End (April – May)
• Vinewood: Berkshire to Avon (May – June)
• Steeplechase: Whiltshire to Blaney (June – July)
• St. Aubin: Platt to Creek Dr (June – July)
• Woodbury: Astor to Stadium (July – July)
• Prairie: Plymouth to Aurora (July – August)
• Burlington Court: Burlington to End (July – August)
• Waldenwood & Adjacent Courts: Penberton to Earhart (north end) (July – September)

Asphalt: Windemere Tennis Courts

The council will consider a $134,297 contract with Nagle Paving Co. to relocate and rebuild the tennis courts at Windemere Park. The park advisory commission recommended approval of the contract at its Feb. 25, 2014 meeting.

PAC’s recommendation on the contract followed its approval on Jan. 28, 2014 of a revised new location for tennis courts at Windemere Park, on the city’s northeast side. The final location approved by PAC was one put forward at a public meeting earlier this year.

The new location for the tennis courts has been disputed among neighbors who live near Windemere Park, a nearly four-acre parcel north of Glazier Way between Green and Earhart roads. The tennis courts there have deteriorated, and the city has been looking at options for replacing them. Neighbors had originally advocated keeping the courts in the same location, but the soil there is unstable. Before the area was developed, the current location of the courts was a pond.

Nagle Paving was the lowest of five responsible bidders on the project, according to a staff memo. Including a 10% construction contingency, the entire project budget is $147,727. Funding will come from the FY 2014 park maintenance and capital improvement millage revenues. [.pdf of staff memo and resolution] [.pdf of cost comparison chart]

Land: Library Lot Proceeds to Affordable Housing

The city council will consider a resolution at its April 7 meeting that would direct the city administrator to allocate half the proceeds from a possible upcoming real estate sale to support affordable housing. The land in question is the surface of the Library Lane underground parking structure, which completed construction in the summer of 2012. [.pdf of draft resolution on Library Lane sale]

The Library Lane underground parking deck is highlighted in yellow. The name “Library Lane” is based only on the proximity of the structure to the downtown location of the Ann Arbor District Library. The library does not own the structure or the mid-block cut-through. (Base image from Washtenaw County and City of Ann Arbor GIS services.)

From the resolution: “Resolved, That City Council direct the City Administrator to allocate 50% of any and all proceeds, after fees and closing costs, from the sale of development rights at 319 S. Fifth Avenue [the Library Lane lot] to the affordable housing fund.” Use of money in the city’s affordable housing trust fund is subject to recommendations by the housing and human services advisory board (HHSAB).

Based on a ballpark estimated value for the property of $6-7 million dollars – given by Jim Chaconas of Colliers International at the council’s March 17, 2014 meeting – the resolution would translate to somewhere in the neighborhood of $3 million to support affordable housing, depending on fees and closing costs.

No specific deal appears to be in the offing to develop the top of the structure. But the council voted at its March 17, 2014 meeting to hire a brokerage service to list the development rights to the top of the underground parking garage for sale. At the same meeting, the council passed a separate resolution that reserved 6,500-12,000 square feet on the Library Lane site for a publicly owned urban park.

The resolution allocating 50% of proceeds of a Library Lane sale to support affordable housing is sponsored by four councilmembers: Sabra Briere (Ward 1), Christopher Taylor (Ward 3), Chuck Warpehoski (Ward 5) and mayor John Hieftje.

The strategy of channeling at least some of the proceeds of land sales to support affordable housing efforts has been a consistent part of city policy dating back several years. However, the council has not always agreed on the portion of a sale that should be allocated to support affordable housing. At the March 16 Sunday night caucus, Briere indicated one reason she might be reluctant at the following evening’s council meeting to support the hiring of a broker to list the Library Lane development rights for sale: She did not at that time want to take on the fight with other councilmembers about what to do with the proceeds. But Briere voted with seven of her colleagues on the 8-1 vote that saw only Sumi Kailasapathy (Ward 1) dissenting. Sally Petersen (Ward 2) and Margie Teall (Ward 4) were not present for that vote.

The sale of another city property – the former Y lot in downtown Ann Arbor, on William between Fourth and Fifth avenues, across the street from the Library Lane site – is expected to generate roughly $1.4 million in net proceeds from the $5.25 million purchase price. That sale to hotelier Dennis Dahlmann had a closing date of April 2, 2014. And that sale was, in fact, completed.

The council voted at its Dec. 16, 2013 meeting to allocate all of those net proceeds to the affordable housing trust fund. More recently, at its March 3, 2014 meeting, the council directed the city administrator to prepare a budget resolution that would – upon completion of the former Y lot sale – allocate $600,000 from the affordable housing trust fund to the Ann Arbor Housing Commission, to support major capital improvements to its properties.

More than a year ago, at its Oct. 15, 2012 meeting, the council adopted a general policy on proceeds of land sales that was based on a budget committee recommendation. Essentially the policy is to consider land sales on a case-by-case basis, considering all the needs of the city. A nod to affordable housing was included in an amendment added at the council meeting in the form of a statement that all needs of the city would be considered in deciding the use of land sale proceeds – but “especially the need for affordable housing.”

The draft resolution to be considered at the April 7 council meeting cites the budget committee’s recommendation, which was adopted in the Oct. 15, 2012 council resolution, that “no less than 10% of net proceeds of any sale will be allocated and distributed to the affordable housing trust fund …”

Land: Amendment to Library Lane Resolution to List for Sale

On April 7, the council will also be revisiting the March 17 resolution on listing the surface of the Library Lane structure for sale. Mike Anglin (Ward 5) and Jack Eaton (Ward 4) have sponsored a resolution that would delay the hiring of a broker and listing the property for sale until a public process, to be structured by the city administrator, is completed.

That public process is supposed to allow discussion of the possibility that the entire surface of the underground parking garage could be used as a park or plaza. From the resolution:

Resolved, That Resolution R-14-098 Directing the City Administrator to List for Sale 319 South Fifth and Retain Estate Brokerage Services be amended to direct the City Administrator to require that retention of brokerage services be delayed and listing not occur until adequate public process has taken place to explore public uses for the entire property;

Resolved, That the City Administrator structure the public process to allow citizens an opportunity to bring forward and discuss any and all appropriate public uses for this City-owned property, including its use, in its entirety, as a park or plaza;

Resolved, That City Administrator schedule a public hearing as part of the public process for citizen input on public uses for the property

Resolved, That City Administrator provide City Council with report on the public process at its completion; and

Resolved, On completion of the required public process, the City Administrator is directed to seek further direction from City Council as to whether the property should be listed or to continue to develop a wholly public or mixed public/private plan for its use.

The vote on the council’s March 17 resolution was 8-1, with dissent only from Sumi Kailasapathy (Ward 1). Sally Petersen (Ward 2) was absent from the start of the meeting and Margie Teall (Ward 4) departed late in the meeting but before the vote was taken.

The April 7 council agenda also includes, as an item of communication, a resolution passed by the city planning commission on March 18, 2014 that gives advice to the council about how to develop the Library Lane property. The commission’s recommendations focused on conditions for developing the site that would garner economic benefits to the city, such as a mixed-use development that generates foot traffic, with an entry plaza or open space and a design that “creates an iconic addition to the skyline.” The recommendations drew on material in several existing documents, including the Connecting William Street report that was completed by the Ann Arbor Downtown Development Authority about a year ago.

Also attached to the council agenda as an item of communication is a resolution passed by the Ann Arbor District Library board on March 17, 2014. The resolution asked the council to reject designating a portion of the city-owned Library Lane site – which is adjacent to the downtown library – as a public park or plaza at this time.

Land: Recommendation to UM on Edwards Brothers

An additional land-use item on the council’s April 7 agenda is a resolution recommending that the University of Michigan collaborate with the city of Ann Arbor on the future development of the former Edwards Brothers property at 2500-2550 South State Street, immediately adjacent to existing UM athletic facilities. The university is purchasing the 16.7-acre property, following the Ann Arbor city council’s decision on Feb. 24, 2014 not to exercise its right of first refusal to buy the site.

The city planning commission passed the same resolution at its March 18, 2014 meeting and forwarded it to the city council.

The resolution was drafted by planning manager Wendy Rampson based on previous discussions by the planning commission and city council. [.pdf of resolution as amended at March 18 planning commission meeting]

The one resolved clause states:

RESOLVED, That the Ann Arbor City Council and Ann Arbor City Planning Commission request that The Regents of The University of Michigan and President authorize University staff to meet with City representatives to collaborate on issues related to future development of the South Athletic Campus area, including, but not limited to:

• Exploring the creation of one or more parcels fronting South State Street to be developed, preferably privately, for complementary uses adjacent to the South Athletic Campus that also follow the South State Street plan recommendations;
• Discussing options for the relocation of park-and-ride facilities as the South Athletic Campus develops; and
• Discussing the opportunities for a future pedestrian and vehicular connection between South Main Street and South State Street via the planned Oakbrook Drive extension through the South Athletic Campus site.

At the planning commission’s March 18 meeting, Rampson said she’s already shared a draft of the resolution with UM planner Sue Gott and Jim Kosteva, the university’s director of community relations.

The city council voted down a resolution that would have authorized Ann Arbor’s right of first refusal on the Edwards Brothers Malloy property, at a special session of the council on Feb. 24, 2014. That will allow the University of Michigan to purchase the property unimpeded.

Land: Stapp Nature Area Addition Rezoning

The council’s April 7 agenda includes a resolution giving initial approval to rezoning of land that’s been donated to the city by developer Bill Martin, founder of First Martin Corp. The 2.2-acre parcel at 3301 Traverwood Drive is being added to the adjacent Stapp Nature Area, near the Leslie Park golf course.

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

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

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

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

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

The council would be giving the rezoning initial approval at its April 7 meeting. The final vote would come at a future meeting after a public hearing.

Land: Concordia University Gym Expansion

An additional land-use issue that appears was expected on the city council’s April 7 agenda is approval of a site plan to expand the existing Concordia University gym.

Corrected: This item is now expected to be considered at the council’s April 21 meeting. 

The plan also includes reconfiguring nearby parking lots and stormwater management features on the 187-acre site at 4090 Geddes Road, just west of US-23 and north of the Huron River. The city planning commission recommended approval of the site plan at its March 4, 2014 meeting.

Aerial view of Concordia University campus, south of Geddes Road and west of US-23.

As a separate item, planning commissioners were asked to grant a special exception use for the project. That’s required because the private university is located on a site zoned R1B (single-family residential district).

The site plan requires city council approval, but the special exception use does not.

The proposal calls for a three-story, 34,391-square-foot addition to the current 22,021-square-foot gym that was built in the early 1960s, located on the west side of Concordia’s main campus. [.pdf of campus map] The addition will include men’s and women’s locker rooms, athletic office space, classrooms and an auxiliary gym. A second phase of the project entails constructing a single-story, 5,280-square-foot athletic training room.

An existing gravel parking area west of the gym will be paved and landscaped, and another lot north of the gym along Geddes will get new landscaping and bioswales. A total of 92 new parking spaces will be created, mostly in the former gravel lot. A new stormwater management system will be completed to address a 100-year storm event, including a detention pond with an outlet into a bioswale south of the developed area.

The site plan is for a planned project, which allows variations in height and placement. The proposed addition would be 39 feet high. The site’s zoning has a height limit of 30 feet. The existing gym is about 33 feet high, measured at the midpoint of the roof.

Land: Main Street BIZ Expansion

On the council’s April 7 agenda is approval of an expansion of the geographic area of the Main Street Business Improvement Zone. The business improvement zone was established in 2010 by a vote of property owners in the zone to provide a mechanism for taxing themselves to pay for items like sidewalk snow removal, sidewalk sweeping and landscaping. [For the state enabling legislation for a BIZ, see Public Act 120 of 1961]

The current geographic area of the Main Street BIZ extends north-to-south from William to Huron on both sides of Main Street, extending to the mid-block alleys. The expansion would extend the area westward by a half block from the alley to Ashley Street. The expansion would also extend the area eastward by a half block along the whole north-south dimension; and between William and Liberty, the zone would expand westward an additional block – to Fourth Avenue.

While the council must give its approval of the plan, the expansion is contingent on a vote among property owners in the area, which has to be set for no later than 49 days after the date of the council’s resolution. The council’s April 7 meeting agenda includes a public hearing on the issue.

Main Street BIZ geographic area and expansion. (Map by The Chronicle from the BIZ plan using Washtenaw County and city of Ann Arbor GIS services mapping tools.)

Same-Sex Marriage

At its April 7 meeting, the Ann Arbor city council will consider a resolution asking that Michigan state officials stop opposing a recent court ruling that allows same-sex marriages. [.pdf of draft resolution on same-sex marriage]

The ruling in question was issued by federal judge Bernard Friedman on Friday, March 21, 2014 in the case of Deboer v. Snyder. In that ruling, Friedman found that Article I, Section 25 of the Michigan Constitution – which limits the benefits of marriage to unions between one man and one woman – did not advance any legitimate state interest. So the ruling had the effect of making same-sex marriages legal in Michigan.

But the day following the decision, on March 22, the U.S. Court of Appeals for the Sixth Circuit issued a temporary stay on Friedman’s ruling. Michigan’s Gov. Rick Snyder and Attorney General Bill Schuette are appealing Friedman’s decision.

The council’s resolution reads in part:

RESOLVED, That the Ann Arbor City Council urges Governor Snyder and Attorney General Schuette to immediately suspend all efforts to appeal or otherwise contest Judge Friedman’s Ruling…

Before the stay on Friedman’s ruling took effect, Washtenaw County clerk Larry Kestenbaum opened his office for business on Saturday, March 22, and issued 74 marriage licenses for same-sex couples in Washtenaw County. The county board had already set the stage for those couples to receive what practically amounts to a fee waiver for the expedited processing of a license, which ordinarily takes three days. The “fee” approved by the board at its Feb. 19, 2014 meeting reduced the usual fee from $50 to 1 cent.

The resolution passed by the county board on Feb. 19 allows the county clerk, consulting with the county administrator, to establish a “fee holiday” on the day preceding a period during which the office’s vital records division would be closed for four or more days, or when an unusual number of marriage license applicants are expected to appear. During a “fee holiday,” the charge for immediately processing a marriage license is 1 cent.

The resolution to be considered by the Ann Arbor city council on April 7 currently has four sponsors: Christopher Taylor (Ward 3), Margie Teall (Ward 4), Sabra Briere (Ward 1) and Chuck Warpehoski (Ward 5).

Economic Collaborative Task Force

Among the many agenda attachments – reports and communications – is the final report of the economic collaborative task force, established by the council last year at its May 20, 2013 meeting. The idea to establish the task force had grown out of an idea to review the Ann Arbor Downtown Development Authority in the context of proposed changes to the city ordinance governing the DDA. The task force drew members from city of Ann Arbor, Ann Arbor SPARK and the Ann Arbor DDA.  [.pdf of March 28, 2014 economic collaborative task force report]

In more detail, the task force was supposed to do the following:

• Provide clarity, alignment and specificity on economic development policy and objectives for fiscal year 2014 toward accomplishing city council’s success statement for Economic Development.
• Provide for strategic alignment of priorities between the Task Force member entities.
• Highlight cost sharing and maximizing of resource utilization.
• Identify options for sustaining, modifying, or eliminating operations in a financially-responsible manner through efficiencies and/or partnerships as part of a cohesive economic development plan for the city.

The “success statement” mentioned in the resolution was crafted by the city council at a budget retreat held in late 2012.

Those initially appointed to represent the city on the task force were city administrator Steve Powers, Sally Petersen (Ward 2) and then councilmember Marcia Higgins (Ward 4).

According to the resolution establishing the task force, a report was supposed to be presented to the council in December 2013 and the task force was supposed to expire at the end of 2013.

The 4.5-page report in general calls on the city, the Ann Arbor Downtown Development Authority and Ann Arbor SPARK to continue existing initiatives.

Some highlights of the report include a recommendation that the city consider technology infrastructure that is “essential for companies to compete globally and for communities to attract the necessary talent.” In that category of infrastructure, the report indicates that the city and Ann Arbor SPARK should “continue their work to develop a proposal for high-speed fiber that would accelerate both commercial and residential internet speeds.”

Also recommended in the report is the preparation of a plan to market and sell surplus city-owned properties. Properties included on the list include the South Ashley/West William (Kline) lot, the South Main/East William (Palio) lot, Library Lane, and 415 W. Washington.

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The Library Lane parking deck is highlighted in yellow. The name “Library Lane” is based only on the proximity of the structure to the downtown location of the Ann Arbor District Library. The library does not own the structure or the mid-block cut-through. (Base image from Washtenaw County and City of Ann Arbor GIS services.)

From the resolution: “Resolved, That City Council direct the City Administrator to allocate 50% of any and all proceeds, after fees and closing costs, from the sale of development rights at 319 S. Fifth Avenue [the Library Lane lot] to the affordable housing fund.” Use of money in the city’s affordable housing trust fund is subject to recommendations by the housing and human services advisory board (HHSAB).

Based on a ballpark estimated value for the property of $6-7 million dollars – given by Jim Chaconas of Colliers International at the council’s March 17, 2014 meeting – the resolution would translate to somewhere in the neighborhood of $3 million to support affordable housing, depending on fees and closing costs.

No specific deal appears to be in the offing to develop the top of the structure. But the council voted at its March 17, 2014 meeting to hire a brokerage service to list the development rights to the top of the underground parking garage for sale. At the same meeting, the council passed a separate resolution that reserved 6,500-12,000 square feet on the Library Lane site for a publicly owned urban park.

The resolution allocating 50% of proceeds of a Library Lane sale to support affordable housing is sponsored by four councilmembers: Sabra Briere (Ward 1), Christopher Taylor (Ward 3), Chuck Warpehoski (Ward 5) and mayor John Hieftje.

The strategy of channeling at least some of the proceeds of land sales to support affordable housing efforts has been a consistent part of city policy dating back several years. However, the council has not always agreed on the portion of a sale that should be allocated to support affordable housing. At the March 16 Sunday night caucus, Briere indicated one reason she might be reluctant at the following evening’s council meeting to support the hiring of a broker to list the Library Lane development rights for sale: She did not at this time want to take on the fight with other councilmembers about what to do with the proceeds. But Briere voted with seven of her colleagues on the 8-1 vote that saw only Sumi Kailasapathy (Ward 1) dissenting. Sally Petersen (Ward 2) and Margie Teall (Ward 4) were not present for that vote.

The pending sale of the former Y lot in downtown Ann Arbor – on William between Fourth and Fifth avenues, across the street from the Library Lane site – is expected to generate roughly $1.4 million in net proceeds from the $5.25 million purchase price. That sale to hotelier Dennis Dahlmann has a closing date on April 2, 2014. The council voted at its Dec. 16, 2013 meeting to allocate all of those net proceeds to the affordable housing trust fund. More recently, at its March 3, 2014 meeting, the council directed the city administrator to prepare a budget resolution that would – upon completion of the former Y lot sale – allocate $600,000 from the affordable housing trust fund to the Ann Arbor Housing Commission, to support major capital improvements to its properties.

More than a year ago, at its Oct. 15, 2012 meeting, the council adopted a general policy on proceeds of land sales that was based on a budget committee recommendation. Essentially the policy is to consider land sales on a case-by-case basis, considering all the needs of the city. A nod to affordable housing was included in an amendment added at the council meeting in the form of a statement that all needs of the city would be considered in deciding the use of land sale proceeds – but “especially the need for affordable housing.”

The draft resolution to be considered at the April 7, 2014 council meeting cites the budget committee’s recommendation, which was adopted in the Oct. 15, 2012 council resolution, that “no less than 10% of net proceeds of any sale will be allocated and distributed to the affordable housing trust fund …”

A subcommittee of the park advisory commission (PAC) has been meeting since early 2013 to explore the possibilities for a new downtown park. The subcommittee delivered its recommendations at the Oct. 15, 2013 meeting of PAC. [.pdf of 21-page full subcommittee report]

Ingrid Ault chaired the subcommittee, which also included Julie Grand, Alan Jackson and Karen Levin. Ault, who was recently elected chair of PAC, spoke to the council on Nov. 7 during public commentary to provide highlights of the report.

The subcommittee’s work was undertaken in response to a request last year by mayor John Hieftje. It’s also meant to supplement the Ann Arbor Downtown Development Authority’s Connecting William Street project.

The subcommittee’s work was guided by this mission statement:

To determine whether and what additional parks are wanted and/or needed in downtown Ann Arbor, focusing on city-owned parcels in the DDA district while maintaining awareness of additional nearby properties, for example: Liberty Plaza, 721 N. Main and 415 W. Washington. The “deliverable” will be a set of recommendations for the City Council.

The eight recommendations are wide-ranging, but include a site-specific recommendation to develop a new park/open space area on the top of the Library Lot underground parking structure. Now a surface parking lot, the site is owned by the city and is situated just north of the Ann Arbor District Library’s downtown building. The recommendation calls for only a portion of the site to be used for a new park/open space, and stresses that AADL should be involved in the planning process. The AADL board and staff discussed this recommendation at their Oct. 21, 2013 meeting.

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

View looking north toward the city-owned Library Lot, taken from the fourth floor of the Ann Arbor District Library building. (Photos by the writer.)

The idea for a new park was among several recommendations approved by the commission at its Oct. 15, 2013 meeting, to be forwarded to the city council for consideration. The AADL was specifically mentioned in the Library Lot recommendation: “In order to adequately address issues of safety and security, the Ann Arbor District Library must also be strongly represented in the planning process.”

AADL director Josie Parker stressed that neither she nor board president Prue Rosenthal had indicated that the library is in any way capable of advising the city regarding security and safety of a park. They had attended a meeting of the downtown park subcommittee, she said, and had related the library’s experiences regarding a range of security issues at the downtown building. Parker reported that so far in 2013, the library has made police requests to its downtown building on average every 3.5 days.

Trustees generally expressed caution and noted that many questions remained about whether a downtown park at that location would be viable, without adequate oversight and additional development. Parker planned to relay the board’s concerns to the park advisory commission.

Another major item of discussion at the Oct. 21 meeting related to Pittsfield Township’s proposed State Street corridor improvement authority (CIA). Craig Lyon, director of utilities and municipal services for Pittsfield Township, and Dick Carlisle of Carlisle Wortman Associates were on hand to answer questions, as was CIA board member Claudia Kretschmer of Gym America. Trustees asked a range of questions, covering other financing options, the process for receiving federal funds, and the procedure for opting out of this new tax increment financing (TIF) authority.

If the board decides that AADL will opt out, a resolution would need to be passed. Taxing entities have a 60-day period in which to make an opt-out decision. That period began with an Oct. 9 public hearing held by the Pittsfield Township board, and will end in early December. The only AADL board meeting currently scheduled before then is on Nov. 11.

In its one main action item on Oct. 21, the board authorized a $40,000 adjustment to AADL’s 2013-14 budget to cover costs of repairs and testing of the downtown library roof. The adjustment transfers $40,000 from the library’s fund balance to the repair and maintenance line item. According to the most recent financial report, the library had a fund balance of $8.03 million as of Sept. 30, 2013.

During her director’s report, Parker highlighted some of the niche services that the library provides – such as hosting a Minecraft server and a recent Oculus Rift Hackathon. She said she wanted the board to think about the things that go beyond just lending books – services that are important to some but completely irrelevant to others. “The combination of it all is what makes the Ann Arbor District Library the amazing library system that we all know it is,” Parker said. “It’s the sum of all these parts, not one aspect or service.”

During committee reports, Nancy Kaplan noted that the communications committee hopes to receive a report later this month from Allerton-Hill Consulting to review. The consultants were hired earlier this year to conduct a communications audit for the library – a move that’s been criticized by some residents who believe the work is positioning AADL for another bond proposal to build a new downtown library.

For the first time in several months, no one spoke during public commentary at the board meeting.

Library Lot Park

Added to the agenda at the start of the Oct. 21 meeting was an item to discuss recent recommendations made by the city’s park advisory commission.

From left: AADL board president Prue Rosenthal and director Josie Parker.

By way of background, a subcommittee of the commission has been meeting since early 2013 to explore the possibilities for a new downtown park. They delivered a set of recommendations to the full commission at its Oct. 15, 2013 meeting. After minor amendments, the commission approved those recommendations, which will be forwarded to the city council. [.pdf of full subcommittee report]

The eight recommendations of PAC’s downtown park subcommittee are wide-ranging, but include a site-specific recommendation to develop a new park/open space area on the top of the Library Lot underground parking structure. Now a surface parking lot, the site is owned by the city and is situated just north of the Ann Arbor District Library’s downtown building. The recommendation calls for only a portion of the site to be used for a new park/open space, and stresses that AADL should be involved in the planning process.

Specifically, that recommendation states:

8. Based on the aforementioned criteria, the Downtown Parks Subcommittee recommends that a park/open space be developed on the Library Lot that takes advantage of the flexibility offered through temporary closures of Library Lane. The size of this space should exceed the proposed allocated open space in the Connecting William Street study (5,000 square feet). However, the subcommittee is strongly in favor of a mixed-use vision for the Library Lot that utilizes the city’s investment in development-ready foundation and infrastructure. Development of the site and adjacent parcels, including the accompanying increases in activity, is essential for the future success of this site. In order to adequately address issues of safety and security, the Ann Arbor District Library must also be strongly represented in the planning process.

At the AADL board’s Oct. 21 meeting, director Josie Parker told trustees that she had asked for this agenda item to be added, because she thought that the park advisory commission report warranted a statement from the library. Earlier this year, Parker and board president Prue Rosenthal had been invited to attend a subcommittee meeting. They had shared that the downtown library employs four full-time security staff to deal with issues related to security, drug use, alcohol use, loitering and aggressive behavior between patrons, Parker said. No one has been aggressive to the staff to date, she added.

Parker and Rosenthal had told the subcommittee that they had concerns about adding a large open space adjacent to the downtown library. They also said that in concept, it sounds like a park would complement the library, but without continuous security, a high level of maintenance, and continuous programming, they were concerned that the space would “create a venue for behavioral issues we currently experience on a daily basis at the library,” Parker told the board. “We stand by that statement today.”

Parker reported that so far in 2013, the library makes police requests to its downtown building on average every 3.5 days. “That is relatively frequent,” she said.

While she appreciates the interest that the park commission is showing for the public library, Parker stressed that she and Rosenthal did not intend to indicate that the AADL is in any way capable of advising the city regarding security and safety of a park.

Barbara Murphy referred to a different section of the report that discusses problems with the Library Lot site. It states:

Placemaking principles raise a number of concerns regarding the Library Lot site. Currently, the space is poorly activated, facing the backs of buildings on Liberty, William and Division Streets, Fifth Street traffic, and the windowless side of the Library. This lack of eyes on the space raises a number of concerns regarding safety and the promotion of positive behavior. A sizeable park space in this location would require significant financial investment for enhanced security, daily maintenance, and staff dedicated to year-round programming.

The subcommittee’s own comments about the site lay out all the problems, Murphy noted. “It’s almost as if they’re saying it would be a good idea, but we can’t do it for all these reasons.”

Parker said she couldn’t speak for anyone at the city, but she wanted to make it very clear that she and Rosenthal did not intend to give the impression that the library would be able to give advice on safety and security in a public park.

Margaret Leary observed that there was a lot she could say about this report, but she wanted to keep her remarks focused on the library. In the past, when the library has been involved with discussions about the underground parking structure, library officials have clearly said that what should be located at the site is a very active, completely developed set of activities that would generate a lot of street traffic, 24/7. It needs to be controlled by someone – whether the police or the property owner – but it should be well taken care of, Leary said. To designate it as a park “seems to be putting the cart before the horse” before resolving the question of what else will be located there, she said.

Leary also wanted to know what the police experiences are in Liberty Plaza – the existing park at the southwest corner of Liberty and Division. Why isn’t the city fixing Liberty Plaza before developing a new park? How much will a new park cost, and who’ll pay for it? Which existing parks will suffer if resources are shifted to a new park? “I just think there are a lot of questions,” Leary said.

She added that she couldn’t find an answer in the report to the question of whether there should be more downtown parks. There wasn’t much of an analysis of that question, she said, unless you count the 1,608 people – out of the roughly 116,000 residents of Ann Arbor – who responded to a survey “that was only known about by people who wanted a park there, pretty much.” The survey appears to be the basis for the entire recommendation, Leary said, when in fact there are a lot of other ways that opinions could have been gathered.

AADL trustee Barbara Murphy.

Jan Barney Newman said she couldn’t agree more with Leary, and that she didn’t know how to respond – other than to state that the library isn’t equipped to give advice regarding park security. Newman said she had talked to one of her neighbors who had been very enthusiastic about a park at the Library Lot site. But when Newman enumerated the problems that could likely occur, she said her neighbor changed her mind. Newman joked that unfortunately, she couldn’t talk to all 1,608 people who took the survey. The board needs to figure out how to communicate that this isn’t a productive use of the space, she said.

Nancy Kaplan said the report indicated that a downtown park should be publicly and privately financed, with buildings around it to have eyes on the site. There’s definitely concern that the responsibility for safety and well-being, and things like the use of bathrooms, should not belong to the library, she said. “This report is a start, but it’s only a start – and it raises many, many questions.”

A lot of work needs to be done, Kaplan added, but a large percentage of people who took the survey did indicate they’d like to see a downtown park.

Newman responded, saying that the idea for Library Lot had been to develop it, with a park as part of a development. “It was not to have a park, then hope that you could find a commercial entity to be responsible for it,” she said. “It just doesn’t make sense.”

Kaplan felt it should happen at the same time – with development as part of any park on the site.

Rebecca Head said she didn’t see the recommendations as being strong. The park commission did the best that they could, she said, but she feared that people would cherry-pick exactly the recommendation that they wanted – rather than to take the set of recommendations and caveats as a whole. “It’s not clear here,” she said.

Murphy thought the report wasn’t asking the library for security advice, but was just acknowledging that the library should be consulted as part of the planning process, whenever that might happen. She added that she wasn’t worried about anything happening soon. “It’s Ann Arbor,” she said.

Rosenthal thought the recommendations were ambiguous, “and I think it’s fair enough on our part to be wary of it.”

Leary pointed out that it’s not the library’s responsibility to figure out how to plan a park on that site. She wasn’t sure it was good for AADL staff to spend time on it “because it’s not our problem.”

Outcome: This was not a voting item.

Responding to a follow-up query from The Chronicle, Parker indicated that she’d be contacting Ingrid Ault, chair of the park advisory commission who also chaired the downtown park subcommittee, to communicate the board’s reaction to this report.

Pittsfield State Street Corridor Improvement Authority

Craig Lyon, director of utilities and municipal services for Pittsfield Township, and Dick Carlisle of Carlisle Wortman Associates attended the Oct. 21 meeting to answer questions about the township’s proposed corridor improvement authority (CIA) for State Street, south of Ann Arbor. They had made a presentation about the project at the board’s Sept. 16, 2013 meeting. The CIA would entail capturing a percentage of taxes from several local entities, including the Ann Arbor District Library.

The new authority is expected to help fund roughly $30 million in improvements on State Street over 20 years, roughly between Ellsworth Road and Michigan Avenue. The intent is to create a four-lane boulevard with a median, bike lanes and pedestrian pathways.

The library’s Pittsfield branch is located in the township, and a portion of the AADL district is included in the northern part of the proposed CIA. Under the CIA’s tax increment financing (TIF) plan, 50% of the increase in taxable value would be captured over a 20-year period to fund the CIA projects. The captured taxes would otherwise go to the entities that levy those taxes. Currently, AADL receives about $8,536 in taxes from taxpayers in the proposed CIA boundaries.

Dick Carlisle, a planning consultant for Pittsfield Township, and Claudia Kretschmer of Gym America. Kretschmer also serves on the board of the State Street corridor improvement authority.

In introducing the topic on Oct. 21, AADL director Josie Parker reported that she attended a recent CIA board meeting as well as the Oct. 9 public hearing held by the Pittsfield Township board of trustees. That hearing started the 60-day period during which taxing authorities in the proposed CIA have the opportunity to opt out.

Lyon introduced a CIA board member who also attended the Oct. 21 meeting: Claudia Kretschmer, founder and co-owner of Gym America. Kretschmer described Gym America, located at 4611 Platt Road, as a gymnastics school that has been in business for 34 years. They’re looking to expand and move to a location on Hines Drive off State Street. The school currently has about 700 students with another 200 on a waiting list. So they expect about 900 to 1,000 students when they open their new facility, she said.

The school will add a lot of traffic to State Street, she said, and the bulk of their business is at 4:30-5 p.m. Kretschmer noted that a lot of instructors are University of Michigan students, who would be able to ride the bus to Gym America when it’s located on State Street, after improvements are made. She also highlighted the competitions that are held by the school, which draw even more people to that area. The competitions are typically held at Saline High School.

Barbara Murphy asked if Gym America would be moving to Hines Drive if the CIA didn’t happen. It’s definitely a factor in choosing that location, Kretschmer replied. They haven’t yet closed the deal, she said. Other options include less expensive property in a more industrial location. No matter what, the school will expand, she said. They’ve been asked to consider locating to the Jackson Road area, and there’s more land available on that side of town, she said. But they want to stay in Pittsfield Township, because they’ve invested a lot in that community.

Lyon said that township officials have been asked why they need a TIF. He described it as a regional effort. The students who attend Gym America, for example, aren’t only coming from Pittsfield Township, he noted. They’re coming from all around Washtenaw County and beyond. Carlisle added that Kretschmer’s experience isn’t unique. In the State Street area, there are 40 companies that employ about 5,000 people. That’s a significant employment based for local residents, he said.

“We’ve been presenting this as a road project, but it’s really much more than that,” Carlisle said. “It’s really an economic development project that’s being facilitated by the improvement of road infrastructure.” He noted that improvements along the Jackson Road corridor in Scio Township brought a great deal of economic development to the township, school district and county at large – a more than 300% increase in taxable value since 1990. That’s the same thing that Pittsfield Township is trying to do, he said.

Pittsfield State Street CIA: Board Discussion – Opting Out

Jan Barney Newman asked if all the other taxing authorities have decided whether to be involved. [The jurisdictions that collect taxes within the CIA boundaries are: Pittsfield Township, Washtenaw County, Washtenaw County parks & recreation, Huron Clinton Metropolitan Authority (metro parks), Washtenaw Community College, Saline District Library, and Ann Arbor District Library.]

None of the other entities have dropped out, Carlisle replied. He noted that the county board of commissioners gave initial approval to join the CIA at their Oct. 16, 2013 meeting, with a final vote expected on Nov. 6. The WCC board hasn’t made a decision, Lyon reported, and will be discussing it at their first meeting in November.

Josie Parker asked how the formal opt-out process works. Carlisle said that passing a board resolution would be sufficient. That must be done with 60 days, starting with the Oct. 9 public hearing. So the last day to opt out would be Dec. 9.

Margaret Leary wondered what the Saline District Library has decided to do. Carlisle reported that the library board hasn’t made a formal opt-out decision at this point.

Pittsfield State Street CIA: Board Discussion – Funding Options

Nancy Kaplan wondered what other funding options are available. Lyon characterized other options as “few and far between.” A city like Ann Arbor receives Act 51 funds, which are generated by the state’s gas tax. Townships don’t receive those funds, he said. Townships rely solely on the county road commission.

AADL trustee Margaret Leary.

For major expansion projects like the State Street effort – increasing from two lanes to four lanes, adding bike lanes and pedestrian amenities – the federal government gets involved, which would generally fund 80% of the project, along with a 20% local match. Pittsfield Township approached the road commission and asked if the road commission’s Act 51 dollars could be used for a local match, Lyon said. But the road commission decided not to participate.

In 2005, the state legislature created the CIA as a mechanism for funding regional projects like the State Street improvements, Lyon explained.

Kaplan said she understood that Walmart had paid for road improvements near its new store in Pittsfield Township. Has there been any thought of asking companies that will directly benefit from these improvements to kick in? Lyon noted that one reason why the CIA improvements aren’t going all the way to Michigan Avenue is that improvements there have already been made. The road commission required traffic studies from both Walmart and Costco, located on Ellsworth, and ultimately required those businesses to make improvements in the road infrastructure. Costco, for example, was required to fund a portion of the roundabout at State and Ellsworth. Looking ahead, traffic studies for new development will continue to be required, he said, and that might result in additional road improvement funding.

Carlisle noted that the township isn’t trying to attract retail businesses along the State Street corridor. Companies like Walmart and Costco are looking for locations near population centers, and are generally willing to pay a reasonable amount to get their projects at those sites. But the kinds of businesses in the corridor are those that are being recruited by other Michigan communities and states, he said – research, industrial and high-tech companies that could easily go somewhere else, if the environment is more attractive. So other forms of financing, like a special assessment district (SAD), would be a disincentive for companies to locate there, he said. It would also be difficult to use a SAD because you have to prove that the cost is proportional to the benefits that a particular parcel receives. Another factor is that many parcels – about 40% of the corridor – are currently vacant, he noted.

The library would benefit from improvements to the taxable value of land in the corridor, Carlisle pointed out, while not having to provide additional services – because the development would not be primarily residential. “It’s a potential windfall for some of the special taxing jurisdictions, such as libraries and county parks,” he said.

Leary wondered why a bond couldn’t be used to fund the project. Carlisle noted that there has to be a way to pay off the bond. The township wouldn’t be able to take out a general obligation bond, he said, because it wouldn’t make sense for them “to pay the whole freight.” Leary questioned that response: “They wouldn’t do it? Or it wouldn’t make sense?” It’s doubtful that the township could do it, Carlisle replied – because the township likely wouldn’t have the resources to bond against its general obligations.

However, when the CIA is in place, there might be the opportunity to bond against TIF revenues, he said. But it would need to be structured to ensure that the bonds could be paid off.

Parker posed a scenario in which TIF funding occurs, but the federal funding isn’t secured. Would the township bond against the TIF in anticipation of federal funding? Lyon said the current approach is to make the improvements in a phased approach over 20 years, using the TIF funds that are available, with a construction phase every 5-7 years. Bonding would make the overall expense of this project much greater, he pointed out, because of additional interest costs. So even with low-interest bonds of 3-4%, you’d end up spending almost double the cost of the project. Limiting the bonding is a preferred approach, he said.

Parker wondered when the township will know whether the federal funding is being awarded. Lyon said the township recently received approval from the state for a FONSI (finding of no significant impact). Carlisle explained that this means the federal government has signed off on an environmental assessment, which found that these proposed improvements won’t affect the environment. “That’s a huge step toward securing federal road funding,” he said. It’s not a slam-dunk, he added, but it’s now in the queue for funding.

A view showing the northern portion of the proposed corridor improvement authority (CIA) for State Road in Pittsfield Township, starting at the I-94 interchange. The red parcels indicate land that’s developed. Yellow parcels are undeveloped land. (Image links to .pdf file showing entire corridor boundaries.)

Lyon reported that when the township applies for federal funds, it will be asked about the revenue source for local matching funds. That’s when it will be important to show that the township has a CIA structure in place and money in the bank, he said. Securing federal funds could happen quickly, or it could take several years, he noted.

Parker asked what would be a reasonable time to wait for federal funding, before deciding to dissolve the CIA and refund the TIF money to the taxing jurisdictions. Lyon said that if nothing is done in the first 10 years, township officials will have to look at why the project isn’t moving forward. But all indicators show that the funding will likely be available, he said.

Carlisle felt there was a lot of momentum for this project. Ann Arbor SPARK has endorsed it, and the road commission has made a major commitment – even though it isn’t investing directly, he said. The roundabout at State and Ellsworth was essentially the first phase of this project, he said. Carlisle added that he’d be very surprised if they didn’t have at least initial funding lined up in 5-6 years.

Lyon noted that an annual report will be provided to the CIA board, the township board of trustees, and to each taxing jurisdiction. So each year they’ll review the status of the work.

Leary wondered if the state enabling legislation put any limit on the time that can pass before securing federal funding. Not beyond the sunset date in the plan, Carlisle said – a 20-year timeframe, through 2033.

Parker said the AADL’s concern is that the plan could result in the township banking TIF funds for 20 years, even if the road improvements don’t occur.

Lyon said he’s never seen a project like this not get funded. Carlisle added that the township could provide assurance that they will apply for federal funding. If the library board is looking for next steps in terms of providing federal funding, the township could provide that, he said. But they can’t provide assurances about when the funding might be secured.

Pittsfield State Street CIA: Board Discussion – Other Issues

Leary wondered how this project would be coordinated with Ann Arbor South State Street corridor plan, which was recently added to the city’s master plan. [.pdf of State Street corridor plan] Carlisle and Lyon indicated that aspects of the work – such as non-motorized paths – will line up with similar improvements in Ann Arbor’s portion of State Street. The township and city coordinate regularly, Carlisle said. He noted that there are coordinated planning provisions under Michigan law that require the sharing of planning documents. The two jurisdictions are also among the four entities that are working on Washtenaw Avenue improvements. Lyon reported that the roundabout at State and Ellsworth required coordination among Pittsfield Township, Ann Arbor and the county road commission.

Kaplan cited Carlisle’s comments about the increase in taxable value along Jackson Road. She wondered what Pittsfield Township was expecting. Lyon replied that the township is estimating a 250% increase in taxable value. The Jackson Road corridor improvements resulted in a 375% increase. All of the Pittsfield Township projections have been conservative, he said. Carlisle added that you don’t want to over-promise and under-deliver.

Kaplan also asked about tax abatements that are given to some businesses in Pittsfield Township. She noted that she had attended the township board meeting when the public hearing was held, and other agenda items included awarding tax abatements. Carlisle confirmed that when abatements are awarded, that results in less money for the CIA. He said this is a discussion that the township officials are having – the impact of abatements on the CIA. “It would ultimately be counterproductive for this,” he said.

Rebecca Head asked about the Ann Arbor airport: Would that contribute to the CIA? Lyon noted that the airport isn’t part of the CIA because as public land, no property taxes are paid on that property.

Barbara Murphy noted that there’s been a lot of talk about expanding the airport. How would that impact the plans for the CIA? Carlisle didn’t think it would be an issue, in part because it’s not possible to expand the airport toward State Street, where the CIA boundaries would be affected.

Outcome: This was not a voting item.

2013-14 Budget Adjustment

The AADL board was asked to authorize a $40,000 adjustment to AADL’s 2013-14 budget to cover costs of repairs and testing of the downtown library roof.

The adjustment transfers $40,000 from the library’s fund balance to the repair and maintenance line item. According to the most recent financial report, the library had a fund balance of $8.03 million as of Sept. 30, 2013. The line item for repairs and maintenance that was approved as part of the 2013-14 was $302,000 for the entire fiscal year, which began on July 1, 2013. The board approved the budget at its May 6, 2013 meeting. [.pdf of 2013-14 budget summary]

AADL trustee Jan Barney Newman.

Ken Nieman, AADL’s associate director of finance, HR and operations, reminded the board that during budget discussions, they’d talked about using reserves for any big projects that might emerge during the year. It would be possible to pay for it out of the current budgeted line item for repair and maintenance, he said, but later in the year the library would likely deplete that budgeted amount and need to return to the board for a budget adjustment anyway.

Three repairs need to be completed before the winter, he said. The canopy over the entryway needs work, as does the roof that transitions between the second and third floors. Also, some metal work needs to be done on the atrium over the stairwell. The contractor would return in the spring to do more work, including tests to check the condition of the entire roof.

In response to a question from Prue Rosenthal, Nieman said the roof over the newest portion of the building was put on in 1990. Portions over other parts of the building are likely older. Margaret Leary said she thought it made sense to do the work now.

Repair and maintenance of the downtown facility has been an issue at recent meetings. At the board’s meeting on Aug. 19, 2013, Leary reported that the board’s facilities committee had given AADL director Josie Parker the go-ahead to get cost estimates for renovating the entry of the downtown library, including replacement of the front doors. It’s not yet clear if the project would require board approval.

The library board and administration had hoped to build a new downtown library, but a bond proposal to fund that project was defeated by voters in November 2012.

Outcome: The board unanimously approved the budget adjustment.

Financial Report

Ken Nieman – the library’s associate director of finance, HR and operations – gave a brief report on the September 2013 financial statements included in the board packet. [.pdf of financial statements]

The unrestricted cash balance was $14.6 million as of Sept. 30, 2013. By the end of September, the library had received 81.7% ($9.353 million) of its budgeted tax receipts. [The library's fiscal year starts July 1. Summer property taxes are collected in July.] The fund balance at the end of September was $8.03 million.

Nine items are currently over budget, Nieman reported, mostly due to large payments made during the first quarter of the fiscal year. The items are expected to come back in line with budgeted amounts by the end of the fiscal year. The over-budget line items are: (1) employment costs related to merit increases paid in July; (2) purchased services; (3) utilities; (4) communications, for an annual Internet-related payment; (5) software; (6) building rental – for summer taxes and common area maintenance (CAM) charges at the Westgate branch; (7) copier/printer maintenance; (8) supplies, for new self-check stations; and (9) circulation supplies.

It was generally a normal month, he concluded.

There was one clarificational question, but otherwise no board discussion on this item.

Outcome: This was not a voting item.

Committee Reports

The board has six committees: communications, budget and finance, facilities, policy, director’s evaluation, and executive. Three brief committee reports were made during the Oct. 21 board meeting.

Committee Reports: Communications

Nancy Kaplan said the communications committee would be meeting next week, and hoped to have a report from Allerton-Hill Consulting to review.

Committee Reports: Executive

Prue Rosenthal, AADL board president, reported that the executive committee met “to discuss some of the issues that have been going on around the library, and we did not come to any particular conclusions and we will continue to discuss them and come back to you in November.” She did not elaborate.

Committee Reports: Policy

Barbara Murphy told the board that the policy committee met earlier this month. The staff had reviewed the policy manual and prepared a list of updates and proposed changes. It was a long meeting, she said, and the committee reviewed the staff’s suggestions. Staff members will now be incorporating the committee’s feedback into a new draft, which the committee will review at its next meeting.

Prue Rosenthal and Nancy Kaplan praised the staff for its work on this project. Kaplan said she was struck by the library’s generosity, as reflected in its policies.

Director’s Report

AADL director Josie Parker gave highlights from her written report. [.pdf of October director's report] She noted that she’d met with a group of people earlier in the day and it was mentioned that the library has a Minecraft server. For people who know about Minecraft, “it’s a really big deal,” she noted. The library does a lot of things that fall into that category, Parker added – things that unique and discrete groups really appreciate and identify with. That’s part of what makes the library as good as it is, she said, but it’s also part of the problem, in that not everyone knows everything that happens at AADL.

The Ann Arbor District Library board got an update on services for educators and students from associate director Celeste Choate, who is standing at the podium.

Parker said she thought about this when she read the first sentence of her director’s report: “The Oculus Rift Hackathon was held on the weekend of October 11-13th.” Three months ago, Parker said, she didn’t know what an Oculus Rift Hackathon meant. She wanted the board to think about these things that are important to some and completely irrelevant to others. “The combination of it all is what makes the Ann Arbor District Library the amazing library system that we all know it is. It’s the sum of all these parts, not one aspect or service.” Usually most people think about the library’s main service as the lending of books, Parker said. AADL still does that, she added, but there are so many other things as well.

Parker explained that Oculus Rift is a virtual reality game that requires wearing a head-mounted device. She likened it to the Star Trek holodeck. Prue Rosenthal asked if anyone could play it. In the absence of Eli Neiburger – AADL’s associate director of IT and product development who was in New Zealand – the questions were fielded by Kip DeGraaf of the library’s IT staff. He described Oculus Rift as a way of interacting with other games. Tim Grimes, AADL’s manager of community relations and marketing, explained that the hackathon entailed people developing new programs for this virtual reality system.

Board members asked several more questions about Minecraft. The library’s server is limited to creation activities, not war or violence, Parker said. People are challenged “to create an Ann Arbor that they’d like to live in.” She told board members that if they’d like to experience it, that could be arranged. Rosenthal reported that her son is taking her grandson to a Minecraft conference later this month.

Margaret Leary asked whether the use of the Minecraft server shows up in the AADL’s monthly statistics report. DeGraaf replied that those statistics haven’t yet been incorporated into the report. Leary wondered whether the virtual Ann Arbor being created by Minecraft would be of interest to local policymakers.

Other aspects of Parker’s report included ways that AADL interacts with University of Michigan students, and a presentation that Mariah Cherem made at EarthFest 2013. Parker also reported that a recent presentation made by Sherlonya Turner at the Michigan Library Association is receiving positive feedback. Also receiving a positive response was an MLA presentation by Celeste Choate about medical research and information.

The library also recently hosted an event with Bill Minutaglio, author of “Dallas 1963″ about the assassination of President John F. Kennedy. Parker reported that a man who attended the event had been in the honor guard that stood with JFK’s coffin. The event was well-attended, she said.

AADL Educational Services

The meeting concluded with a presentation about the range of AADL services for educators and students.

Sherlonya Turner, manager of youth and adult services and collections.

Celeste Choate – associate director of services, collections and access – noted that the library issues library cards to educators of the Washtenaw Intermediate School District and Ann Arbor Public Schools instructors who don’t live within the AADL district. You can also get a card if you’re a tutor, with a letter from your tutoring agency. She talked about the types of outreach that’s done to contact educators about this service. There are 24 cards issued to tutors, and 99 cards for non-resident instructors.

The library tries to attract educators through some of AADL’s new collections, Choate said. Those include digital microscopes, dinosaur kits, and musical instruments.

Sherlonya Turner, manager of youth and adult services and collections, talked to the board about the annual second-grade visit program, which has been taking place for many years. In 2012, 1,278 second-grade students from AAPS and charter schools came to the library. The Friends of the Library subsidizes the cost of busing students for this program. As a result, AADL gave out over 500 library cards.

The library staff also goes out into the schools every May to promote AADL’s summer game. In 2012, the staff visited 18 of 21 elementary schools, as well as all five AAPS middle schools and four private schools. There are also a variety of other outreach programs, Turner said. In addition, the staff develops curated lists of reading materials for students, and provides homework services like Brainfuse, which is offered online, as well as on-site tutors.

Terry Soave, manager of outreach and neighborhood services, talked about outreach to non-traditional students. AAPS adult education offers free GED classes at the Mallets Creek library branch, for example. Numbers are increasing, from 48 students in 2010-11 to 57 students in 2012-13.

Soave also described the Widening Advancements for Youth (WAY) program, an online public high school program. Part of the requirement is that students have to attend an on-site learning lab a minimum of two days a week, and AADL’s downtown library serves as one of the two locations in Washtenaw County for these labs.

The final program that Soave highlighted is called Library Songsters, coordinated by Ira Lax. It brings together local musicians – including Mr. B and Peter Madcat Ruth – with students who collaborate to write a song related to a theme that’s being studied in the schools. The presentation concluded with a video of fifth-grade students at Lawton Elementary who were studying core democratic values. They worked with their music teacher, Cynthia Page-Bogen, and musician Joe Reilly on a song about democracy.

Outcome: This was not a voting item.

Present: Rebecca Head, Nancy Kaplan, Margaret Leary, Barbara Murphy, Jan Barney Newman, Prue Rosenthal. Also AADL director Josie Parker.

Absent: Ed Surovell.

Next meeting: Monday, Nov. 11, 2013 at 7 p.m. in the fourth-floor conference room of the downtown library, 343 S. Fifth Ave., Ann Arbor. [Check Chronicle event listing to confirm date]

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From left: Bill Higgins, Harry Sheehan and Mike Anglin, a Ward 5 Ann Arbor city councilmember. Sheehan is environmental manager with the Washtenaw County office of the water resources commissioner, and gave an update on the Upper Malletts Creek stormwater management project. Higgins lives in the neighborhood that’s the focus of the project. (Photos by the writer.)

The report of the downtown parks subcommittee includes several broad recommendations based on feedback gathered over the past few months, with an emphasis on “placemaking” principles that include active use, visibility and safety. The most specific recommendation calls for developing a park or open space on top of the city-owned Library Lot underground parking structure, adjacent to the downtown library.

A park at that location should exceed 5,000 square feet, according to the report, and connect to Library Lane, a small mid-block cut-through that runs north of the library between Fifth and Division. That connection offers flexibility, because the lane can be closed off for events to temporarily increase the size of a park or open space at that location.

Commissioners discussed and made some minor amendments to the subcommittee’s recommendations, which they then unanimously voted to approve. Most of the discussion focused on the Library Lot site. The recommendations will be forwarded to the city council for consideration.

Also on Oct. 15, Harry Sheehan briefed PAC about how a stormwater management project for Upper Malletts Creek might impact three city parks: Eisenhower, Churchill Downs and Lawton. The project, overseen by the Washtenaw County office of the water resources commissioner, is still in the planning phase. It’s intended to help control flooding in a neighborhood that’s roughly bounded by I-94, Scio Church Road and Ann Arbor-Saline Road, on the city’s southwest side.

Park planner Amy Kuras updated commissioners on capital projects throughout the parks system, highlighting projects that were completed this summer as well as work that’s ongoing, like construction of the Ann Arbor skatepark.

Missy Stults, PAC’s representative on the city’s environmental commission, reported that the commission has developed a work plan with strategies that are mostly tied to the city’s sustainability framework and climate action plan. For example, the plan includes work to promote re-useable water bottles and to discourage the use of plastic water bottles. One idea is to develop an app that would show people where to get public water, including water fountains in city parks. Tying in with that work plan item, Colin Smith – the city’s parks and recreation manager – reported said the city is looking to replace several water fountains at parks and recreation facilities with fountains that indicate how many plastic bottles have been saved by people using the water fountains. He noted that similar fountains are used at the University of Michigan.

Oct. 15 was the final meeting for Julie Grand, who is term limited after serving six years on PAC. Grand, who served on the downtown parks subcommittee, thanked commissioners for passing the recommendations, saying “it’s a great way to go out.”

Downtown Parks Recommendation

A group that’s been meeting since early 2013 – to explore the possibilities for a new downtown park – delivered a set of recommendations at the Oct. 15 meeting. [.pdf of 21-page full subcommittee report]

Ingrid Ault, who chaired the downtown parks subcommittee, began the presentation by reviewing the genesis of this effort. This subcommittee – Ault, Julie Grand, Alan Jackson and Karen Levin – has been meeting regularly since early February. Their work relates in part to a request that mayor John Hieftje made last summer. It’s also meant to supplement the Ann Arbor Downtown Development Authority’s Connecting William Street project. Ault noted that the city’s parks and recreation open space (PROS) plan also identified a desire for downtown open space.

The subcommittee’s work was guided by this mission statement:

To determine whether and what additional parks are wanted and/or needed in downtown Ann Arbor, focusing on city-owned parcels in the DDA district while maintaining awareness of additional nearby properties, for example: Liberty Plaza, 721 N. Main and 415 W. Washington. The “deliverable” will be a set of recommendations for the City Council.

In addition to conducting research, inventorying existing downtown and near-downtown parks, and holding focus groups and public forums, some subcommittee members also attended a “placemaking” seminar in Lansing, held by the Michigan Parks & Recreation Association.

Ingrid Ault, chair of the park advisory commission, also chaired PAC’s downtown parks subcommittee.

Ault said that placemaking principles helped guide the recommendations. Examples she cited include places that have surrounding “active uses” with high pedestrian traffic and good visibility, places that promote activities that the community desires, and that are easily accessible and flexible. Spaces also need to feel safe and comfortable, she said.

Julie Grand continued the presentation, reviewing results of a survey conducted by the subcommittee that yielded more than 1,600 responses. [.pdf of 110-page downtown park survey results] The subcommittee recommendations were based in part on that feedback. Grand noted that most respondents lived in the 48103 zip code area, which might reflect proximity to the downtown or that residents there just like to take surveys, she quipped.

The eight recommendations are wide-ranging, but include a site-specific recommendation to develop a new park/open space area on the top of the Library Lot underground parking structure. Now a surface parking lot, the site is owned by the city and is situated just north of the Ann Arbor District Library’s downtown building. The recommendation calls for only a portion of the site to be used for a new park/open space, and stresses that AADL should be involved in the planning process.

The subcommittee’s eight recommendations, as amended during the meeting, are as follows [added text in italics, deletions in strike-through]:

1. The development of any new downtown park or open space should prioritize community preferences. The most commonly expressed community-based priorities include: a central location; sufficient size for passive recreation/community gatherings; shade; and natural features.

2. New downtown parks and open space should adhere to placemaking principles. Necessary criteria for a successful downtown open space include: high traffic/visibility; flexible programmable space; active use on at least three sides; the ability to provide activities desired by the community; and funding for maintenance and security.

3. Any new downtown park should enliven the downtown, complement existing parks and development, and serve the community desire for a central gathering space.

4. Any additional downtown park space should not come at the expense of the quality or maintenance of Ann Arbor’s existing parks. Downtown parks are expected to be more costly to develop and maintain. Further, existing downtown parks are not currently utilized to their potential. Given the limits of current parks funding, the development of new parks should not be approved without an identified funding source for capital development, ongoing maintenance, and programming.

5. Significant capital/structural improvements to Liberty Plaza should only be made in concert with the adjacent property owner. Short-term efforts should continue to focus on smaller-scale incremental changes (removal of shrubbery) and programming opportunities (fee waiver). Future improvements should also work to create a permanent and highly visible connection between the Library Lot and Liberty Plaza.

6. The downtown could benefit from the addition of small “pocket” parks and flexible spaces. The City should work with potential developers of city-owned properties to identify opportunities, create, and maintain privately funded, but publicly accessible open spaces. (e.g., the Y and Kline lots). As a part of this effort, staff should develop recommendations for how development contributions can better serve to provide and improve downtown passive recreational opportunities, including proposals such as flex space (parklets), streetscape improvements, and public art.

7. The public process for downtown parks and open space does not end with these recommendations. Any additional park/open space would require robust public input regarding the design, features, and proposed activities.

8. Based on the aforementioned criteria, the Downtown Parks Subcommittee recommends that a park/open space be developed on the Library Lot that takes advantage of the flexibility offered through temporary closures of Library Lane. The size of this space should exceed the proposed allocated open space in the Connecting William Street study (5,000 square feet). However, the subcommittee is strongly in favor of a mixed-use vision for the Library Lot that utilizes the city’s investment in development-ready foundation and infrastructure. Adjacent Development of the site and adjacent parcels, including the accompanying increases in activity, is essential for the future success of this site additional downtown open space. In order to adequately address issues of safety and security, the Ann Arbor District Library must also be strongly represented in the planning process.

The Library Green Conservancy has been advocating for a park atop the Library Lot, but conservancy members envision a much larger footprint than the one proposed by the Connecting William Street report. During deliberations on Oct. 15, it emerged that the subcommittee hoped for more than the minimum size of 5,000 square feet that was mentioned for a park or open space on that site in the Connecting William Street report.

The subcommittee’s report also described the input received from several groups that gave feedback about possible downtown parks, including from Library Green Conservancy members and officials of the Ann Arbor District Library. The AADL’s downtown building is adjacent to the Library Lot. From the report:

The AADL representatives shared issues they have experienced with security, drugs, and loitering both inside and outside of the downtown library branch. They shared that they employ four full time security guards to deal with these issues, and have concerns about adding a large public open space outside of their building. Although in concept a park sounds like it would complement the library and its programs, without continuous security, high level of maintenance and continuous programming, there was concern that the space would create another venue for the behavioral issues they experience on a daily basis at the library and at Liberty Plaza.

For additional background, see Chronicle coverage: “Parks Group To Weigh In On Downtown Need,” “Committee Starts Downtown Parks Research,” “Survey Drafted for Downtown Parks,” as well as coverage included in the PAC meeting reports for March 19, 2013 and May 21, 2013.

Downtown Park Recommendation: Commission Discussion – Library Lot

Christopher Taylor, an ex officio, non-voting member of PAC who serves on the city council, kicked off the discussion by asking about the Library Lot recommendation. He asked whether the proposal includes Fifth Avenue access to the parcel. Julie Grand replied that she intentionally made that recommendation vague. In writing up the recommendations, she didn’t feel comfortable making it more specific, because she felt there should be a conversation about it at PAC. She noted that in the Connecting William Street plan, there’s the idea of potentially opening up any open space on Library Lot more on the Fifth Avenue side.

Christopher Taylor, an Ann Arbor city councilmember and ex officio member of the park advisory commission.

Taylor pointed out that there’s always been open space anticipated in the plan for the top of the Library Lot, and that the heavy foundation of the underground parking structure was created with the idea that part of the surface would be open space, as well as development that would have access to Fifth Avenue from the north side of the Library Lot parcel. He asked whether that plan is consistent with the subcommittee’s recommendations.

Colin Smith, the city’s parks and recreation manager, read a related recommendation for the Library Lot site in the Connecting William Street plan: “Must have a plaza/open space on site. (Minimally, develop the 5,000-square-foot intended plaza/park space.) Could expand plaza space north along Fifth Avenue (up to 12,000 sq. ft.) at the developer’s/City’s discretion.” [.pdf of Connecting William Street report]

Smith said that as a departure point for PAC’s discussion about size, the subcommittee felt it should be no smaller than 5,000 square feet. Beyond that, it’s worth discussion by PAC, he said.

Grand noted that the most important point was that any open space should connect to Library Lane, so that the lane could be temporarily closed off and used as flexible space for events.

Alan Jackson said the subcommittee didn’t want to constrain the creativity that might occur later in terms of how the site is developed. Nor did they have the ability to assess things like the structural limitations of the site, he noted. The subcommittee’s intent is to identify the kind of open space that is needed, and the general size, he said.

Karen Levin emphasized that the subcommittee’s task was to look at all of the potential downtown open spaces. Most of the other spaces had greater limitations, and that’s why the subcommittee decided that the Library Lot was the best site in terms of placemaking principles. The next step would be to design the open space, “which was not our task,” she said.

Taylor asked subcommittee members to talk about placemaking principles as applied to the current built environment around the Library Lot.

Ault replied that there are already some best practices in place. The Ann Arbor District Library, for example, already draws over 600,000 visitors to that location – adjacent to the Library Lot – every year, “so that’s huge,” she said. But placemaking principles would call for having eyes on a park at that location 24/7, she added, and for having a reason to stop and use the space rather than traveling through it. That’s the part that’s critical, but not currently in place, she said. There’s a bus station across the street, and two restaurants – Earthen Jar and Jerusalem Garden – nearby. But neither of those restaurants face the Library Lot, she noted, and they are separated by an alley.

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

Smith added that the majority of buildings and businesses that surround the Library Lot currently face away from that site, not toward it. Grand added that urban open space is different from neighborhood parks, and successful open space includes things like having at least three sides of active use facing the space. Right now, she added, the Library Lot has zero active sides. If placemaking principles aren’t part of designing an urban park or open space, then it can actually detract from the downtown experience, she said, rather than enhance it.

In terms of developing the Library Lot site, Jackson stressed that a key feature should be to have the development relate to the open space on the site. Mike Anglin recalled that when the city was deciding where to locate a new courts and police facility, the Library Lot site was considered. But opponents argued that having a municipal facility there would create dead space at night, he said. [The Justice Center was eventually built next to city hall, at Fifth and Huron.]

Now, Anglin said, the Library Lot area is pretty active at night. He was encouraged that the subcommittee recommended the Library Lot for a new park or open space. He said the parks millage and the library millage “go hand in hand – we love both of them.” Last year, the library “took a really bad hit,” he said – a reference to the failed bond proposal that would have funded a new downtown library.

Now, Anglin said, the library can work with the city in helping design the Library Lot space.

Taylor said what he’s heard is that placemaking principles would recommend three sides of active use, but this location has none. Also, his understanding was that “material development” on the site and adjacent to the site is critical for the success of any open space at this location.

Smith affirmed Taylor’s understanding, saying that those sentiments are expressed in recommendation (8). The subcommittee wants to see open space on the Library Lot site, but the property needs to be developed to some level before that space will be successful. An opportunity might exist to include language in any development agreement about including open space, as well as long-term care of it, Smith said.

Downtown Park Recommendation: Commission Discussion – Liberty Plaza

Missy Stults asked about recommendation (4), which indicated that existing downtown parks aren’t currently used to their maximum potential. She wondered whether the subcommittee had discussed how to remedy that.

Ingrid Ault replied that the subcommittee had discussed the issue, and had specifically looked at Liberty Plaza, located at the southwest corner of Liberty and Division. Some improvements have already been made, she noted, such as removing tall shrubbery to increase visibility, and installing a sensory garden. The activation of the space is important, with the Bank of Ann Arbor’s Sonic Lunch being a “perfect example” of that, Ault said. The fee waiver for using Liberty Plaza – which was recommended by PAC at its June 18, 2013 meeting, and subsequently approved by council – is another way the city is trying to improve the space, she added.

Map from PAC’s subcommittee report showing locations of sites that were examined as possible new downtown parks.

Colin Smith noted that the general recommendations of the subcommittee are a good departure point for activities that PAC will be undertaking in the future. That includes developing recommendations for the budget, he said. A recurring theme is that to make spaces successful, it requires programming – and that requires people and effort. “It doesn’t just happen,” Smith said.

Karen Levin noted that one of the positives for putting a new park or open space on the Library Lot is that potential exists for a connection to Liberty Plaza. Ault pointed out that the Kempf House Museum is also in that area, adjacent to Liberty Plaza.

Bob Galardi said he didn’t think the city has yet realized the full potential of the fee waiver. No one has yet approached the city to put in a month-long art installation, for example. That fee waiver is something in the offing to help the plaza, he said. Smith noted that a musician had reserved the plaza for a performance recently, using the fee waiver.

Stults reported that the environmental commission’s work plan includes a recommendation to work with neighborhoods, as something that’s critical for building more resilient, stable communities. All neighborhoods have parks, so there’s a very interesting connection to be made, she said. Stults plans to make a budget recommendation to fund a park programmer, to make sure that all neighborhood parks are activated in a way that builds community and a sense of place.

Downtown Park Recommendation: Commission Discussion – Amendments

At the suggestion of Christopher Taylor, one change was made to the second recommendation – adding the word “necessary”:

2. New downtown parks and open space should adhere to placemaking principles. Necessary criteria for a successful downtown open space include: high traffic/visibility; flexible programmable space; active use on at least three sides; the ability to provide activities desired by the community; and funding for maintenance and security.

All other changes focused on the final recommendation (8) about the specific Library Lot site. The original recommendation stated:

8. Based on the aforementioned criteria, the Downtown Parks Subcommittee recommends that a park/open space be developed on the Library Lot that takes advantage of the flexibility offered through temporary closures of Library Lane. The size of this space should exceed the proposed allocated open space in the Connecting William Street study. However, the subcommittee is strongly in favor of a mixed-use vision for the Library Lot. Adjacent development, including the accompanying increases in activity, is essential for the future success of additional downtown open space. In order to adequately address issues of safety and security, the Ann Arbor District Library must also be strongly represented in the planning process.

Taylor pressed to include language that acknowledged the need for development on the Library Lot, not just on adjacent sites. He also suggested adding the word “density” to the phrase “accompanying increases in activity” so that it would read “accompanying increases in activity and density.”

Alan Jackson wasn’t sure the word “density” captured what the subcommittee intended. Taylor described the word as a proxy for “more people doing more things” downtown, and he thought it was consistent with what the subcommittee was recommending. However, there was little enthusiasm among commissioners for adding the word, with the sense that it was restrictive because it typically refers to residential development.

Ann Arbor park advisory commissioner Bob Galardi.

Julie Grand said the subcommittee recognized the need for development on that space in order to activate the area. They also didn’t want to ignore the real investment in infrastructure that had been made to support a building on the Library Lot site, she said. “I think those are two very strong reasons to support development on it,” she added.

Bob Galardi didn’t want the recommendations to go forward without including a mention of development. If something isn’t built on that site that faces the open space area, “that is a real problem, at least for me,” he said. The library will draw people past the site, he noted, but a mixed-use development could draw people into the space.

There was some discussion about the size of the open space, with consensus that it should exceed the minimum 5,000 square feet that was recommended in the Connecting William Street report. By way of comparison, Smith reported that Liberty Plaza is nearly 12,000 square feet, while Sculpture Plaza is slightly smaller than 5,000 square feet. Beyond indicating a desire to exceed a minimum amount of space, Smith didn’t think it was necessary to make a specific size recommendation. What really matters is the quality of the design, he said.

Taylor made some suggestions for changes, including a mention of the city’s investment in infrastructure and adding a reference to density. He noted that as an ex officio non-voting member of PAC, he was not in a position to move amendments himself.

After additional back-and-forth about possible wording, commissioners ultimately agreed to several friendly amendments in the eighth recommendation [added text in italics, deletions in strike-through]:

8. Based on the aforementioned criteria, the Downtown Parks Subcommittee recommends that a park/open space be developed on the Library Lot that takes advantage of the flexibility offered through temporary closures of Library Lane. The size of this space should exceed the proposed allocated open space in the Connecting William Street study (5,000 square feet). However, the subcommittee is strongly in favor of a mixed-use vision for the Library Lot that utilizes the city’s investment in development-ready foundation and infrastructure. Adjacent Development of the site and adjacent parcels, including the accompanying increases in activity, is essential for the future success of this site additional downtown open space. In order to adequately address issues of safety and security, the Ann Arbor District Library must also be strongly represented in the planning process.

Outcome: Commissioners unanimously voted to approve the downtown parks subcommittee report and recommendations, as amended. It will be forwarded to the city council for consideration.

Upper Mallets Creek Project

Harry Sheehan – environmental manager with the Washtenaw County office of the water resources commissioner – briefed commissioners about how a broad stormwater management project for Upper Malletts Creek might impact three city parks: Eisenhower, Churchill Downs and Lawton.

After the March 15, 2012 major storm in this region, he said, coupled with chronic flooding problems in this neighborhood, the water resources commissioner’s office – in partnership with the city of Ann Arbor – began to look at potential stormwater management solutions. The area is roughly bounded by I-94, Scio Church Road, and Ann Arbor-Saline Road, on the city’s southwest side.

The Upper Malletts Stormwater Conveyance Study has tentatively identified three major projects to help manage stormwater and control flooding. Two of those projects would affect local parks:

• Building two stormwater detention basins along the north and south ends of Eisenhower and Churchill Downs parks, which are connected. These basins – covering about 2.5 acres – would help manage the stormwater flow from the north along Scio Church Road and from the drainage area west of I-94. (Eisenhower Park is located along I-94, just south of Scio Church Road. Churchill Downs Park is a 1.18-acre neighborhood park located between a residential area and I-94.) Estimated cost: $1.7 million.
• Building a large underground detention basin at the north end of Lawton Park, which is located on Mershon between Delaware and Scio Church. The basin would manage storm flows from both north and south of Scio Church. Existing park amenities – including the baseball/softball diamond – would be replaced and upgraded. Estimated cost: $4.125 million

A third project, which would not involve a city park, entails building a detention basin north of Scio Church Road and east of Seventh Street, on property south of Pioneer High School that’s owned by the Ann Arbor Public Schools. That piece would cost an estimated $1 million and cover about 2.8 acres.

The total project would cost about $10 million, Sheehan said – $2 million for design and $8 million for construction.

In the animated .gif below, which loops continuously, the first frame indicates in black the March 15, 2012 flooded areas. The next three frames show the modeled cumulative effect of adding each of the proposed stormwater detention facilities. That is, the maps show what the flooding would have been like, if the proposed stormwater detention facilities had been in place on March 15, 2012.

Maps by Spicer Group, the engineering consultant for the upper Mallets Creek stormwater study. Scans and animation by The Chronicle.

The overall project would require city council approval, and it’s not yet clear when a proposal will be brought forward. Colin Smith, the city’s parks and recreation manager, characterized Sheehan’s presentation to PAC as informational, given the potential impact on some parks. When funding is secured, the commission would be briefed on a more detailed plan and would be asked for a recommendation to be forwarded to the city council.

For additional background on stormwater management in this area, as well as related issues, see Chronicle coverage: “Sidewalks: Repair, Build, Shovel.”

Sheehan told commissioners that at public meetings held about the project, residents seemed generally positive. Amy Kuras, the city’s park planner who attended the most recent forum, said she had expected it to be a contentious meeting. People generally were relieved to see someone there from the city’s parks staff, she said, and generally it was a positive meeting.

Upper Mallets Creek Project: Commission Discussion

Missy Stults asked if the project is looking at projections for future storm events, to make sure that the stormwater management system will be able to handle the potential impact of climate change.

Harry Sheehan, environmental manager with the Washtenaw County office of the water resources commissioner.

Harry Sheehan replied that the study entailed looking at several different storm events. In Ann Arbor, the March 2012 storm was extremely localized to this neighborhood. In contrast, earlier this year when there was heavy flooding along the Miller Avenue corridor, he’d driven down the Upper Malletts Creek neighborhood and it was fairly dry. The impact of climate change makes these storm events more intense over a shorter period of time, he noted.

What makes stormwater management more challenging is that the ground is generally saturated in the spring when these types of intense storms typically occur, Sheehan said, and there will likely be more of this due to global warming.

Julie Grand asked for more information about the impact on parks, noting that Lawton Park is located near an elementary school.

Amy Kuras reported that at Lawton Park, the biggest impact will be on the open field, which would be taken out of use during construction. Afterward, it won’t change the use of the park because it’s an underground detention basin.

At Churchill Downs Park, the paths, basketball court and playground would be removed for construction. However, Kuras said, those facilities are ready to be replaced anyway.

In response to a question from Graydon Krapohl, Sheehan explained that if approved, construction likely would happen in the fall of 2014 and finish up in the spring – but no specific year has yet been determined for the project. Kuras added that for the sports field, it would be seeded in the fall after construction, then probably reseeded again in the early spring.

Alan Jackson said he’d gone to one of the meetings, and that it would be helpful to show park commissioners where exactly these projects would occur in the parks. He agreed with the assessment that there seemed to be a lot of positive feedback from residents, though there were concerns about work that would be done in close proximity to Lawton Elementary.

Christopher Taylor asked about the cost, wondering how much of the $10 million is for the parks compared to stormwater, and whether grant funding might be available. Sheehan replied that the project would likely use two of the state funding sources that the county has used in the past for similar projects. The project would pay for any replacement due to disruption in the parks.

Kuras added that if the parks system wanted to do improvements that went beyond the replacement of existing parks facilities, then the city would pay for that.

Mike Anglin said he noticed that the Spicer Group did the analysis for this project. He wondered if Sheehan had records of where the major flooding has occurred, and how close that flooding is to the city’s parks. Sheehan replied that the office of the county’s water resources commissioner has compiled that information, but not necessarily in a readily searchable way.

Sheehan said the outcome of a stormwater calibration study that’s being done now would be useful in graphically representing previous flooding so that future improvements and the impact on reducing that flooding could be shown.

Anglin said he’s hearing that residents don’t want to report when there’s flooding in their homes, because that has financial implications regarding insurance, he noted. He wondered if there was a way of doing some kind of “secret recording” because it seems like the city needs the data. Sheehan told Anglin he’d get a response on that question from the city’s systems planning unit.

Anglin said he’d like to continue to look for possible land acquisition in the city’s watersheds, adding that the city should “buy them, as fast as we can.” The city can’t afford to keep doing projects like this stormwater management work, he said, nor can the city afford the drop in property values that results from people leaving the community because of potential flooding.

Praising Sheehan and others who’ve been working on this issue, Anglin said the city needs to get the word out that they’re working “aggressively” on the problem.

Taylor said he noticed that there doesn’t seem to be work planned for the area east of Seventh Street. He wondered if there are any plans for that neighborhood. Sheehan replied that they looked at that area, but when the analysis was done, doing stormwater detention in that area provided only very limited benefit. The project would require that pipe running underneath Seventh to be replaced, to create a clearer flow path for the water, Sheehan said, but that’s the only thing planned at this point.

Outcome: This was not a voting item.

Upper Mallets Creek Project: Public Commentary

At the end of the meeting, Bill Higgins addressed the commission during public commentary. He said he lived south of Scio Church Road, near Pioneer Woods and Greenview Park. Residents are concerned about the appearance of the woods after the work is done. He said he knows it’s not a city park, but somehow the school system needs to get involved in the design process. Scio Church Road is a “disaster,” he said, and now the city is putting money into it for sanitary sewer, water problems, sidewalks and gutters. [See Chronicle coverage: “Sidewalks: Repair, Build, Shovel.”]

Higgins wondered how many of the commissioners had visited Eisenhower Park, especially on the north side, which fronts Scio Church Road. People have to bypass the park and walk along the road to get to the bridge over I-94 – to get to the Ice Cube and Pittsfield branch library. That park could be enhanced and developed, and it would be good for the city to start looking at that possibility, he said. There could even be a small parking lot put in there, he said. Very little attention has ever been paid to people who live south of Scio Church Road, he noted. Higgins said he personally has “waterfront property” occasionally, so he’s very interested in the proposed impounds. Unless all of the impounds are built, “it won’t work,” he concluded.

Capital Projects Update

Colin Smith, the city’s parks and recreation manager, told commissioners that in the late fall or early winter, staff will typically give an update to PAC about projects that have been worked on during the construction season. On Oct. 15, the presentation was given by park planner Amy Kuras.

Highlights from her report:

• In Esch Park – a roughly 4.5-acre neighborhood park located near Packard Road – asphalt paths were replaced with concrete and a new pathway to the play area was constructed to provide barrier free access. The basketball court was reconfigured and replaced, landscaping was added, and several pieces of playground equipment were replaced.
• The first phase of a major renovation at Gallup Park‘s livery and dock area is finished. The second phase started on Labor Day and will continue until the weather gets bad. It will include entry road improvements and separating the service drive from the pedestrian path. The project is funded in part by a $300,000 state grant.
• Work is underway at the urban plaza next to the Forest Avenue parking structure in the South University area – known as “Transformer” Plaza, because there are several utility transformer boxes located there. As part of the site plan approval process for the Landmark and Zaragon II apartment complexes in that area, developers were asked to make donations to the parks system. That funding is being used to improve the plaza, Kuras said. The project – repaving the plaza with colored, patterned concrete – was done in conjunction with street improvements to Forest Avenue this summer.
• A major donation had been made to the city for landscaping in the parks, so that funding was spent to “spruce up” the entrances to several recreational facilities, Kuras said, including Bryant and Northside community center, the senior center near Burns Park, the ice arena at Buhr Park, the golf courses, and the rain garden at Gallup.
• Roofs were replaced at Mack pool and Veterans ice arena.
• Ballfields were renovated at West Park, Veterans Memorial Park, and Southeast Area Park.
• Work continues on the skatepark in the northwest corner of Veterans Memorial Park. Kuras described the partnership of the city, Washtenaw County parks & recreation, and the Friends of the Ann Arbor Skatepark, as well as funding from the state. Here’s a short video clip provided by the parks staff of workers recently applying “shotcrete” to one of the bowls.

Capital Projects Update: Commission Discussion

Alan Jackson asked whether the solar panels on the roof of the Veterans ice arena were re-used. Amy Kuras said she met with members of the city’s energy commission and energy staff, to try to figure out what to do with the panels. About a third to a half of the panels no longer function. In addition, the previous installation of the panels is believed to have contributed to the roof leakage, she said. So the staff will continue to work on that issue, but at this point the panels are being stored outside of the building.

Colin Smith, the city’s parks and recreation manager, commended Kuras for her work on these projects, as well as other staff, including Jeff Straw, Matt Warba and Nicole Woodward.

Ingrid Ault said she’s been hearing “unbelievably positive” feedback from residents about these improvements, and it’s exciting to see.

Outcome: This was not a voting item.

Communications & Commentary

There were several opportunities for communications from staff or commissioners during the Aug. 20 meeting. Here are some highlights.

Communications & Commentary: Environmental Commission Work Plan

Missy Stults, PAC’s representative on the city’s environmental commission, reported that the commission has developed a work plan with about 10 strategies that are mostly tied to the city’s sustainability framework and climate action plan. [.pdf of environmental commission's work plan] The plan includes work to promote re-useable water bottles and to discourage the use of plastic water bottles. So the idea is to develop an app that would show people where to get public water, including water fountains in city parks. There’s also work to map the city’s vulnerability to climate change, she said, such as flooding.

From left: Park advisory commissioners Missy Stults and Karen Levin.

Stults also said there’s a community visioning process underway to understand what a resilient Ann Arbor would look like. It includes how the city would bounce back from events that impact residents, she noted, but also how the city can “bounce forward” and prepare for the future. This will be about an 18-24 month process. In a related item, she reported that the city council recently approved applying to be designated as one of 100 Resilient Cities by the Rockefeller Foundation.

There are also preliminary discussions about how to handle smoking in the city’s parks, Stults said. It was an issue that one of the city councilmembers who serves on the commission has raised, because it had been raised by constituents. [Two councilmembers – Sabra Briere (Ward 1) and Chuck Warpehoski (Ward 5) serve on the environmental commission.]

The commission is also looking at recommending a resolution to the city council advocating to ban fracking in the city.

Tying in with the work plan item regarding water use, Colin Smith reported said the city is looking to replace several water fountains at parks and recreation facilities with f0untains that indicate how many plastic bottles have been saved by people using the fountain. He noted that the city took the idea from similar fountains used at the University of Michigan.

Mike Anglin, a Ward 5 city councilmember who serves as an ex-officio member of PAC, noted that councilmember Sabra Briere (Ward 1) recently brought forward a resolution to the council regarding the Pall-Gelman 1,4 dioxane plume. He felt the environmental commission should always keep that situation in mind, even though it’s embarrassing to the city. You can’t control the weather, he said, but you can probably control this issue with sustained interest.

Anglin said “we’re about to replace a judge who has been responsible for the administration of this for years. He’s going to resign, and we have the chance to appoint a new judge, who may be assigned to this.” [Anglin seemed to be referring to Donald Shelton, chief judge of the Washtenaw County 22nd circuit court, who oversees a consent judgment between the state and Pall Corp. However, circuit court judges are elected, not appointed – unless they resign mid-term. Because of his age, Shelton will be ineligible for re-election when his term ends next year. The state constitution requires that judicial candidates at the time of election must be younger than 70 years old. However, Shelton has not indicated that he will be resigning before the end of his term.]

No one likes to hear that there’s something bad in the community that people should be paying attention to, Anglin said. But the fact is that a mature society faces these issues, he said. There’s a group that’s hoping to vet the judges who might handle this case, Anglin said. That will have an impact on the judge who will ultimately handle this, he added, “because once they’re in, you can’t vet them. You can’t say anything about cases that they’ll handle. But we have a lot to say now.”

Anglin indicated that it’s important to appoint a judge who’s an environmentalist and who’ll enforce regulations. “What we have to do is get a strong set of marching orders that everybody agrees to, from the governor down,” to look at best practices. He noted that the city of Ann Arbor handles 1,4 dioxane at the former landfill, located at Platt and Ellsworth. The technology to do this is available, he said.

Anglin hoped the Ann Arbor city council would appoint at least three councilmembers to an oversight group, including someone from Wards 1 and 5, which are the wards most affected by the Pall Gelman plume, he said. They could look at what can be done and how to move forward. That’s something the environmental commission can explore, he said.

Communications & Commentary: Dog Park Update

Karen Levin, chair of PAC’s dog park subcommittee, reported that the group has now held two public forums, with a lot of good feedback. The subcommittee will be using that feedback, along with survey responses, to continue evaluating possible sites for a new dog park. [.pdf of 306-page dog park survey results] [.xls file of dog park survey results]

Communications & Commentary: Manager’s Report

Parks and recreation manager Colin Smith noted that on Wednesday, Oct. 23 there will be an appreciation potluck for volunteers of the city’s natural area preservation program. It will be held at Cobblestone Farm at 2781 Packard Road from 6:30-9:30 p.m.

Communications & Commentary: Farewell to Julie Grand

The Oct. 15 meeting was the last one for Julie Grand, PAC’s former chair who is term limited after serving six years. Ingrid Ault, who was elected chair to replace Grand at PAC’s Sept. 17 meeting, called her “an amazing force” for the commission. Ault thanked Grand for her work.

Oct. 15 was the last PAC meeting for Julie Grand, who is term limited.

Colin Smith, the city’s parks and recreation manager, noted that Grand’s service on PAC almost exactly parallels his own tenure as manager. He said they’ve worked well and collaboratively on several projects, and have seen many improvements over the years. The parks staff have appreciated working with Grand and the support she’s provided to the city’s parks system, he said.

Grand recalled that people would ask her why she attended so many meetings. It’s actually been a pleasure the entire time, she said. That’s because PAC supports a service that the community is really engaged with, Grand said. The parks staff is phenomenal, and the city is fortunate to have that.

She noted that there’s been a transition on PAC, as she’s watched old members leave and new members arrive. Before the new members were appointed, she’d felt a lot of stress, she reported, and had been a “bug in the mayor’s ear” for about a year, urging him to find good appointments. So she’s relieved now that she sees the commission will be left in such good hands.

She told new commissioners that they were fortunate, because in past years PAC had to focus on budget cuts. Now, from that foundation the commissioners can build on it and work on new policies to improve the existing system, she said, without having to make cuts every year.

Grand thanked commissioners for passing the recommendations on downtown parks, saying “it’s a great way to go out.”

She received a round of applause from staff and commissioners, who after the meeting took Grand out to Arbor Brewing Company for a farewell celebration.

Present: Ingrid Ault, Bob Galardi, Julie Grand, Alan Jackson, Graydon Krapohl, Karen Levin, Missy Stults, Jen Geer and councilmembers Mike Anglin and Christopher Taylor (ex-officio members). Also Colin Smith, city parks and recreation manager.

Absent: Tim Berla.

Next PAC meeting: Tuesday, Nov. 19, 2013 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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The eight recommendations of PAC’s downtown park subcommittee are wide-ranging, but include a site-specific recommendation to develop a new park/open space area on the top of the Library Lot underground parking structure. Now a surface parking lot, the site is owned by the city and is situated just north of the Ann Arbor District Library’s downtown building. The recommendation calls for only a portion of the site to be used for a new park/open space, and stresses that AADL should be involved in the planning process. [.pdf of full subcommittee report]

The subcommittee’s eight recommendations, as amended during the meeting, are as follows [added text in italics, deletions in strike-through]:

1. The development of any new downtown park or open space should prioritize community preferences. The most commonly expressed community-based priorities include: a central location; sufficient size for passive recreation/community gatherings; shade; and natural features.

2. New downtown parks and open space should adhere to placemaking principles. Necessary criteria for a successful downtown open space include: high traffic/visibility; flexible programmable space; active use on at least three sides; the ability to provide activities desired by the community; and funding for maintenance and security.

3. Any new downtown park should enliven the downtown, complement existing parks and development, and serve the community desire for a central gathering space.

4. Any additional downtown park space should not come at the expense of the quality or maintenance of Ann Arbor’s existing parks. Downtown parks are expected to be more costly to develop and maintain. Further, existing downtown parks are not currently utilized to their potential. Given the limits of current parks funding, the development of new parks should not be approved without an identified funding source for capital development, ongoing maintenance, and programming.

5. Significant capital/structural improvements to Liberty Plaza should only be made in concert with the adjacent property owner. Short-term efforts should continue to focus on smaller-scale incremental changes (removal of shrubbery) and programming opportunities (fee waiver). Future improvements should also work to create a permanent and highly visible connection between the Library Lot and Liberty Plaza.

6. The downtown could benefit from the addition of small “pocket” parks and flexible spaces. The City should work with potential developers of city-owned properties to identify opportunities, create, and maintain privately funded, but publicly accessible open spaces. (e.g., the Y and Kline lots). As a part of this effort, staff should develop recommendations for how development contributions can better serve to provide and improve downtown passive recreational opportunities, including proposals such as flex space (parklets), streetscape improvements, and public art.

7. The public process for downtown parks and open space does not end with these recommendations. Any additional park/open space would require robust public input regarding the design, features, and proposed activities.

8. Based on the aforementioned criteria, the Downtown Parks Subcommittee recommends that a park/open space be developed on the Library Lot that takes advantage of the flexibility offered through temporary closures of Library Lane. The size of this space should exceed the proposed allocated open space in the Connecting William Street study (5,000 square feet). However, the subcommittee is strongly in favor of a mixed-use vision for the Library Lot that utilizes the city’s investment in development-ready foundation and infrastructure. Adjacent Development of the site and adjacent parcels, including the accompanying increases in activity, is essential for the future success of this site additional downtown open space. In order to adequately address issues of safety and security, the Ann Arbor District Library must also be strongly represented in the planning process.

This subcommittee – Ingrid Ault, Julie Grand, Alan Jackson and Karen Levin – has been meeting regularly since early February. Their work relates in part to a request that mayor John Hieftje made last summer. It’s also meant to supplement the Ann Arbor Downtown Development Authority’s Connecting William Street project. In addition to focus groups and public forums, the subcommittee conducted a survey that yielded more than 1,600 responses. [.pdf of 110-page downtown park survey results] Their recommendations were based in part on that feedback.

The Library Green Conservancy has been advocating for a park atop the Library Lot, but conservancy members envision a much larger footprint than the one proposed by PAC’s subcommittee. During deliberations on Oct. 15, it emerged that the subcommittee hoped for more than the minimum size of 5,000 square feet that was mentioned for a park or open space on that site in the Connecting William Street report.

For additional background, see Chronicle coverage: “Parks Group To Weigh In On Downtown Need,” “Committee Starts Downtown Parks Research,” “Survey Drafted for Downtown Parks,” as well as coverage included in the PAC meeting reports for March 19, 2013 and May 21, 2013.

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

Francie Krawcke, raptor program director with the Leslie Science & Nature Center, brought a snowy owl to the June 19, 2012 meeting of the Ann Arbor park advisory commission. The owl did not fly around council chambers, but did enjoy a few snacks at the meeting. (Photos by the writer.)

An $89,560 contract with Wally Hollyday Skateparks – for design and construction oversight of a new skatepark at Veterans Memorial Park – was unanimously recommended for approval. Trevor Staples, president of the Friends of the Ann Arbor Skatepark, was on hand to answer questions, and several commissioners congratulated him for spearheading this project. Staples noted that fundraising is still underway, focused now on building a $100,000 endowment for future maintenance. Funding for design and construction of the skatepark has been secured primarily from a $300,000 state grant and $400,000 from the Washtenaw County parks & recreation commission.

PAC also unanimously recommended approval of a $115,309 contract with JB Contractors Inc. to build barrier-free pathways at the Leslie Science & Nature Center. The recommendation includes a 10% contingency, for a total project cost of $126,840.

This first phase of a broader renovation project on the center’s grounds will include making the raptor enclosures – housing owls, falcons, a bald eagle and other birds of prey – more accessible. The center, located at 1831 Traver Road, was previously part of the city’s parks system, but since 2007 has operated as an independent nonprofit. However, the city still owns and maintains the buildings and property.

Also unanimously recommended for approval was placement of a millage renewal on the Nov. 6 ballot. The current 1.1 mill Ann Arbor park maintenance and capital improvements millage expires this year. A renewal would run from 2013-2018 and is expected to generate about $4.9 million next year.

The June 19 meeting included a quarterly financial update, and the election of Tim Doyle as chair of PAC’s budget and finance committee. Commissioners also were briefed on a Traver Creek streambank stabilization project at Leslie Park golf course, designed to improve the water quality of this Huron River tributary.

Other water-related issues were brought up during the parks and recreation manager’s report. Colin Smith told commissioners that final repairs on swirl concentrators at West Park – designed to help stormwater management – will start later this month, with final renovations of the park occurring over the summer. And city staff will be harvesting Eurasian watermilfoil from about 6-7 acres around the Gallup Park canoe livery, using what Smith described as a “Zamboni on the water.” The aquatic plants have overgrown the area around the livery, making it hard for people to use paddleboats, canoes and kayaks.

During public commentary, Alan Haber urged commissioners to support the Library Green project, a citizen-led effort to put a public commons on top of the new city-owned Library Lane underground parking structure. He invited PAC to a July 14 “Imagine a Park” block party on the site, from noon until 5 p.m. Later in the meeting, park commissioner Tim Berla picked up the idea, saying he wasn’t advocating for that particular project but that he felt PAC should be “in the game” for discussions of a downtown park.

The June 19 meeting was the last one for commissioner David Barrett, who is term-limited after serving two three-year terms. PAC chair Julie Grand praised his work, particularly in advocating for renovations to the city’s athletic fields and ballparks. The mayor has not yet publicly put forward a nomination for Barrett’s replacement.

Ann Arbor Skatepark

Commissioners were asked to recommend approval of a contract with Wally Hollyday Skateparks for the Ann Arbor Skatepark at Veterans Memorial Park. The $89,560 contract would cover design and construction oversight of the project.

Sketch from the Wally Hollyday Skateparks proposal for the Ann Arbor skatepark at Veterans Memorial Park. Hollyday told The Chronicle that he considers this an example that addresses many of the community’s desires for the skatepark, but that considerable public input will be sought to shape his development of the design.

A selection committee reviewed six responses to a request for proposals (RFP) issued by the city of Ann Arbor in April, and selected two California firms – Wally Hollyday Skateparks and Wormhoudt Inc. – as finalists. Additional review and interviews resulted in the choice of Wally Hollyday Skateparks as the recommended designer. Wally Hollyday had already been involved in the project to some extent, leading design workshops for the Friends of the Ann Arbor Skatepark in 2009 and 2010.

The roughly $1 million project – including an anticipated $100,000 endowment for ongoing maintenance – will be financed through a combination of funds. Those include private donations – primarily solicited through the Friends of the Ann Arbor Skatepark – as well as a $300,000 state grant, and up to $400,000 in matching funds from the Washtenaw County parks and recreation commission. The Ann Arbor Area Community Foundation is acting as fiduciary.

Representatives from all of these groups attended PAC’s June 19 meeting: Trevor Staples, president of Friends of the Ann Arbor Skatepark; Jeff Dehring of the Washtenaw County parks & recreation department; and Jennie Hale, development/program officer with the community foundation.

Park planner Amy Kuras is the city’s point person on the project, and briefed commissioners on the selection process. The pre-qualifications were written tightly, she said, including requirements like a minimum of 10 years experience in designing and overseeing skatepark construction, extensive work with municipalities, building in climates similar to Michigan, a track record of at least 10 parks that have been in place at least 10 years, and experience with stormwater management.

The two finalists rose to the top pretty quickly among the six bids that were submitted, Kuras said.

Staples also addressed commissioners, reminding them that it’s been about five years since skatepark supporters filled council chambers to advocate for the project. He thanked PAC for its support. [At its March 2011 meeting, PAC had recommended support for the city to apply for the $300,000 Michigan Dept. of Natural Resources Trust Fund grant, with one commissioner – Sam Offen – voting against it. Offen ended his two terms on PAC in May.]

It had been exciting to go through the RFP process, Staples said, and they could have picked either of the finalists. But Hollyday is the right person for this job at this point, he added. Staples said he’s skated several skateparks designed by Hollyday, describing him as a skateboarder who is hands-on. “It’s art for him,” Staples said.

Ann Arbor Skatepark: Commission Discussion – Design

Several commissioners congratulated Staples for his work in spearheading this effort. Karen Levin said it sounded like Hollyday’s skateparks have stood up well over time, and she assumed that his design would take Michigan’s weather into account.

Staples noted that Hollyday is based in the San Diego area, as several skatepark companies are. It’s a specialized project that requires a particular kind of expertise. But the plan is to incorporate a lot of Michigan-based elements – labor and public art, for example. Regarding climate, Staples noted that part of the selection criteria included a requirement that the company have experience in building skateparks in northern climates.

Trevor Staples, president of the Friends of the Ann Arbor Skatepark.

David Barrett asked for more details about where the skatepark will be located. The site will be at the park’s northwest corner, near the intersection of North Maple and Dexter-Ann Arbor roads. Smith noted that there might be an opportunity for an amphitheater there, too.

Barrett, who served on the selection committee, said that even though the skatepark is for kids, it’s also for the entire community. The idea is to create a skatepark so that people can come and watch, even if they don’t “hop on a board” themselves, he said.

Smith added that the location is important because this will likely be a regional draw, and the site is close to I-94 and M-14 interchanges. It’s also close to businesses and neighborhoods, and is very visible and accessible, he said. As people enter the city from that area, it will be a very dynamic site.

Staples also clarified that the large stand of trees at that corner will remain in place. The trees are an asset, he noted – most skateparks don’t have shade.

During the discussion specifically about the resolution of support for the contract, Alan Jackson initially requested that the resolution strike the word “concrete” from this whereas clause:

Whereas, Construction of a custom, concrete skatepark is being proposed using funds from a State of Michigan Natural Resources Trust Fund Grant, Washtenaw County Parks and Recreation Commission and the Friends of Ann Arbor Skatepark to be constructed in Veterans Memorial Park;

Smith said it wouldn’t be possible to strike the word – the specifications are very specific. Staples explained that the main reason the resolution and RFP specified “concrete” is that many non-concrete skateparks are built in a modular way. That type of construction falls apart quickly and requires a lot of maintenance. The quality of a concrete skatepark is better.

Jackson withdrew his suggestion, saying that his intent simply had been to eliminate constraints on the project. Staples replied that the constraints are self-imposed.

Smith also pointed out that one aspect of the design includes stormwater management, in recognition of the fact that the skatepark will be adding impervious surfaces. The stormwater management might be in the form of rain gardens or other elements.

Tim Doyle noted that there are a number of design specs – are there any elements that PAC should be aware of, from a parks perspective? Kuras replied that the city will be relying heavily on Hollyday for this project. Midwestern Consulting, a civil engineering firm based in Ann Arbor, will be hired as a subcontractor to handle certain aspects, she said. But it will be a collaborative process, she added, to work through any concerns that might arise.

Ann Arbor Skatepark: Commission Discussion – Financing

John Lawter asked whether all of the fundraising was in place. Fundraising is still happening, Staples replied. The goal is $1 million – $900,000 for design and construction, and $100,000 for an endowment to fund future maintenance. The majority of the $820,000 they’ve raised so far is in the form of grants, which can’t be used for the endowment, he said. So the focus now is on the endowment. He noted that he had dropped off a pile of bricks at Arnet’s Monuments earlier that day to be engraved as part of a fundraising drive.

Lawter asked how someone could buy a brick. Staples explained that details are on the Friends of the Ann Arbor Skatepark website, where payments can be made online. There are three sizes: $100, $250 and $1,000. Purchases are tax deductible, he said.

The group will also have a booth at the Ann Arbor art fairs, he said, in the nonprofit section.

Christopher Taylor observed that about $100,000 is “in the bank,” but he wondered when the remaining funds would “land.” Smith reported the city expects that the $300,000 DNR grant will be distributed later this summer. After that, the county’s $400,000 in matching funds will be available. Jeff Dehring of the Washtenaw County parks & recreation department clarified that county funds would be available as soon as the construction contract is awarded. Staples noted that the design needs to be completed before state funds can be accessed, and Amy Kuras added that the state funds are actually reimbursements – so the city would pay, and be reimbursed from the DNR grant.

In response to a question from Tim Berla, Smith explained that the Ann Arbor Area Community Foundation is holding the funds now, but later the money will be transferred into a segregated city account for the project. There also is a reference in a memorandum of intent regarding how the funds will be transferred, he said. [The city council approved the MOI with the Ann Arbor Skatepark Action Committee – the predecessor to the nonprofit Friends of the Ann Arbor Skatepark – at its Dec. 1, 2008 meeting. .pdf of 2008 memorandum of intent]

Do the other funders have to give approval for the selection of the Hollyday? Berla asked. Smith replied that the other groups had input via their membership on the selection committee. Staples added that all parties have agreed on this decision.

Tim Doyle observed that it’s a challenging project, and until it’s designed and the construction bids are in, it’s difficult to know how much it will actually cost.

Ann Arbor Skatepark: Next Steps

Colin Smith explained that the plan is to put this contract on the city council’s July 16 agenda. If approved, the project will move forward for design and construction. Amy Kuras noted that several public meetings will be held to get input on the design, and when a design is developed, it will be presented to both PAC and the city council for review and input. The hope is to have a design and construction drawings finalized by early fall to put the project out to bid for a builder, with the goal of starting construction in the spring of 2013.

Over the winter, Smith said, he’d work with Staples to develop an operating agreement for the facility.

Outcome: Commissioners unanimously recommended that the city council approve a contract with Wally Hollyday Skateparks. It will now be forwarded to the city council for review, likely at the council’s July 16 meeting.

Leslie Science Path Renovations

In an item added to the agenda during the June 19 meeting, PAC was asked to recommend approval of a $115,309 contract with JB Contractors Inc. to construct barrier-free pathways at the Leslie Science and Nature Center. The recommendation includes a 10% contingency, for a total project cost of $126,840.

JB Contractors provided the lowest of two bids. Fonson Inc. had submitted a much higher bid of $197,459. Funding is available from the city’s park maintenance and capital improvements millage.

PAC had been briefed on this project – the first phase of a larger renovation – at its Feb. 28, 2012 meeting. The center, located at 1831 Traver Road, was previously part of the city’s parks system, but since 2007 has operated as an independent nonprofit. However, the city still owns and maintains the buildings and property.

Parks planner Amy Kuras told commissioners that the goal of the changes to the pathways is to make the center compliant with requirements of the Americans with Disabilities Act (ADA), and to make the pathways and overall organization of the site less confusing. The project includes replacing the paths that connect various buildings on the site, and constructing new paths to connect the center’s raptor enclosures.

From right: Susan Westhoff, executive director of the Leslie Science & Nature Center, talks with city park planner Amy Kuras.

Those enclosures house owls, falcons, a bald eagle and other birds of prey, and are located at the highest part of the site. The birds are very popular, so the intent is to make the area as accessible as possible. The paths connecting the raptor enclosures will be made from porous pavement of recycled glass, Kuras said. In addition to pathways, there will be better signs indicating how to get to the enclosures, as well as directions to other parts of the center.

A master plan for the broader project includes renovating the parking lot, creating a new drop-off are, and reconfiguring the remaining paths.

Kuras said construction drawings for this phase are complete, and she hoped that following PAC’s recommendation, a resolution could be placed on the city council’s July 16 agenda. If approved, construction could start after Labor Day and would likely last a couple of months.

Susan Westhoff, the center’s executive director, attended the June 19 PAC meeting and spoke briefly about the need for the path improvements and overall renovations. Francie Krawcke, the center’s raptor program director, was also on hand with a snowy owl, which she kept on a tether and fed snacks during the presentation.

Leslie Science Path Renovations: Commission Discussion

Karen Levin asked how long the project would taken and if it would impact the center’s programming. Amy Kuras estimated that construction could last 6-8 weeks, though there was not yet a schedule. Much like the current work in Buhr Park and Cobblestone Farm, she said, it will be coordinated closely with staff. [The Buhr/Cobblestone contract – $865,190 to Fonson Inc. for road, parking, pathway and other exterior renovations – was recommended for approval at PAC's Feb. 28, 2012 meeting, and subsequently authorized by the city council.]

Kuras said she’s stressed to the contractor the importance of safety, since the work will be done while people are coming to the center. When people call the center to reserve space for events, they’ll be informed about the work, too. There will be constant information-sharing, Kuras said.

David Barrett asked if Kuras had ever worked with this contractor. No, she said, but the firm recently merged with Abbott Concrete, a company she has worked with. She told commissioners that she’d keep reminding the workers that the job is in a public park.

Responding to a question from Alan Jackson, Kuras clarified that the circular drive would remain in place as a drop-off, until the second phase of the project. That phase, which hasn’t yet been bid out, would require additional recommendation by PAC and authorization by city council.

Julie Grand asked whether schools had also been notified about the work. Susan Westhoff replied that September, when the work will start, is typically a light programming month for the center. And a lot of the October programming tends to be staff going out to schools, rather than students coming to the center, she said. The only building that won’t be accessible during the work is the Critter House, which is completely surrounded by the sidewalk that’s being rebuilt.

Outcome: Commissioners unanimously recommended approval of a $115,309 contract with JB Contractors Inc. for barrier-free pathways at the Leslie Science and Nature Center. The recommendation will be forwarded to the city council.

Park Millage Renewal

On the PAC agenda was a resolution recommending that city council put a 1.1 mill renewal of the Ann Arbor park maintenance and capital improvements millage on the Nov. 6 ballot.

The current 1.1 mill tax expires this year. A renewal would run from 2013-2018 and raise about $4.9 million next year. The recommended allocation of revenues is 70% for park maintenance activities, and 30% for park capital improvement projects. Of that allocation, up to 10% can be shifted between the two categories as needed.

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

Examples of park maintenance activities include “forestry and horticulture, natural area preservation, park operations, recreation facilities, and targets of opportunity,” according to a staff memo. Capital improvement projects would cover parks, forestry and horticulture, historic preservation, neighborhood parks and urban plazas, park operations, pathways, trails, boardwalks, greenways and watersheds, and recreation facilities.

PAC was first briefed about the millage renewal at its March 22, 2012 meeting. At the time, PAC chair Julie Grand – who served on a working group to strategize about the renewal – said concerns about the economic climate were a major reason why an increase wasn’t being recommended. City parks staff and PAC members subsequently held several public forums about the renewal that were sparsely attended.

The proposed ballot language reads as follows: “Shall the city renew the existing park maintenance and capital improvements millage for 2013 through 2018, which will raise in the first year of the levy an estimated revenue of $4,900,000 for park maintenance and park capital improvements?”

Colin Smith, the city’s parks and recreation manager, gave a brief overview of the process to date, noting that the city council would need to take action in order to put the millage renewal on the November ballot. At that point, the city staff could have additional public forums to educate the community about the renewal request and how the millage revenues are used.

A public hearing on the millage had been held at PAC’s April 2012 meeting, but no one attended. On June 19, there were no comments or questions from commissioners about the renewal.

Outcome: Commissioners voted to recommend that city council put the millage renewal on the Nov. 6, 2012 ballot.

Traver Creek Stabilization

Harry Sheehan, environmental manager for the Washtenaw County office of the water resources commissioner, was on hand to update PAC about a Traver Creek streambank stabilization project at Leslie Park golf course. Commissioners had initially been briefed about the project at their Dec. 20, 2011 meeting by Jen Lawson, the city’s water quality manager.

Sheehan told commissioners that the purpose of the project is to improve water quality flowing into the Huron River – Traver Creek is a tributary. The project aims to reduce the amount of phosphorus that’s discharged into the river, address erosion and flooding issues, control the amount of sediment that’s being deposited downstream, enhance the wetlands and habitat for wildlife, and improve the aesthetics of the Leslie Park golf course.

The city council had authorized petitioning the county for the $1.05 million project at its Jan. 9, 2012 meeting. The city’s portion is $981,540, which will be assessed by the county over a period of up to 20 years, at a maximum of $62,415 per year, according to a staff memo prepared for council. The first payment was included in the FY 2013 stormwater fund operations and maintenance budget, approved by the council earlier this year.

The resolution passed by the council on Jan. 9 also authorized annual payments to the county for this project from the stormwater fund (Fund 0069). The project has been approved for a 2.5% low-interest loan from the state revolving fund, and up to 50% of the loan could be forgiven by the state.

Sheehan reported that the construction work is out for bid, and the plan is to start work in November of 2012, after the golf season ends, through March of 2013.

It’s essentially a drain project, Sheehan said, but the work is being done with an understanding of the site’s special nature within a golf course.

Traver Creek Stabilization: Commission Discussion

John Lawter asked for more details about how the position of the creek would be affected. Sheehan explained that the creek would be made more “meandering,” compared to its current course.

David Barrett wondered what will happen if all the work can’t be done within the November-to-March timeframe – would it be delayed until the following winter? And if so, how would that affect the project’s financing?

From left: Christopher Taylor, a Ward 3 city councilmember and ex-officio member of PAC, and Alan Jackson, one of the newest PAC members.

There’s no hard deadline for getting the work done, Sheehan replied. If next winter was like the most recent one, then it won’t be a problem to do the work, he said. The final part of the project is more contained to the area around the south part of the course, so conceivably that work could be done during the summer, and it wouldn’t disrupt play.

Alan Jackson wanted to know how the project is being coordinated with the city’s golf staff. Sheehan said the golf staff have been integrated into the design process. They’ve provided suggestions for removal of sediment and its use elsewhere on the course – for example, to fill in areas that are chronically wet.

Jackson also asked whether any public meetings had been held. Yes, Sheehan said. The first one was held several years ago to discuss the financing aspect, he said. Earlier this year, about 25 people – mostly stakeholders in the golf community – attended a public forum on the project. Another forum held a few weeks ago drew only one person, he said, although residents in the nearby neighborhoods were all sent notices.

Colin Smith, the city’s parks and recreation manager, said the golf staff have been involved from the outset. There has also been communication with golfers about the project, as well as with other user groups. All the feedback has been positive, he said.

Responding to a question from Tim Doyle, Smith reported that because of warmer-than-usual weather, the golf courses opened this year in mid-March – usually, opening day is April 1. He noted that even if the courses were to open early in 2013, the work by that time would be more out of the way and wouldn’t disrupt play.

Jackson wanted to know whether ongoing maintenance costs would be incurred because of this project. Sheehan replied that sediment maintenance would likely be needed every two to five years, but would cost only in the $2,000 to $5,000 range. The costs would be handled through an assessment fee paid by the city, but the work would be done through the county’s office of the water resources commissioner.

Outcome: This was not an action item – no vote was required.

Financial Update

Colin Smith, the city’s parks and recreation manager, walked commissioners through a quarterly update of the parks and recreation budget. The current fiscal year ends June 30, 2012. [.pdf of parks & rec quarterly financial statement]

Recreational facilities supported by the city’s general fund are forecast to bring in $2,372,166 in revenues for the fiscal year, about $6,000 more than budgeted. Expenses of $3,442,592 are $17,500 less than budgeted. That means $1,070,426 will be used from the general fund to cover the difference between revenues and expenses.

Three units – the farmers market, Huron Hills golf course, and Leslie Park golf course – are operated in “enterprise funds,” where the expectation is that revenues will cover expenses.

For the farmers market, revenues are projected to be on budget at $165,118. Projected expenses of $160,118 are $5,000 lower than budgeted, in part because of a transitional period between the departure of former market manager Molly Notarianni and the hiring of Sarah Benoit, who was introduced at PAC’s May meeting.

At Huron Hills, revenues of $382,375 are on budget, while expenses of $541,080 are $7,500 lower than budgeted. The general fund will contribute $158,705 to operations at Huron Hills.

The Leslie Park golf course is expected to bring in revenues of $901,319 – about $20,000 less than budgeted. Expenses of $999,580 are also about $20,000 lower than budgeted. The general fund will contribute $98,261 to fund that golf course.

Matt Warba, supervisor of field operations, reviewed the financial statements for those parks operations that funded out of the park maintenance and capital improvements millage. He noted that expenses will be about $300,000 lower than the budgeted $2.353 million because the unit did not have a full complement of full-time staff this year. However, over the past month four full-time employees have been hired – two paid for from the general fund, and two from the millage.

There are 12 employees in field operations now, plus about 18 seasonal workers. The additional staff allows for a mowing cycle of 14 days, compared to the previous 19-day cycle.

Financial Update: Election of Committee Chair

Later in the meeting, the commission took action related to park finances – by voting on a new chair for the group’s budget and finance committee. It had previously been chaired by Sam Offen, whose term on PAC ended last month.

PAC chair Julie Grand nominated Tim Doyle, who’s been working with Offen on the committee. Doyle had been expected to take that leadership role.

In announcing her nomination, Grand told Doyle, “You’d better not say no!” He did not.

Outcome: Tim Doyle was unanimously elected chair of PAC’s budget and finance committee.

Library Green: PAC Action?

During public commentary, the only speaker was Alan Haber, who told commissioners that he frequently had spoken to other public bodies like the Ann Arbor city council on behalf of a group that’s trying to develop a community park, commons and gathering place on top of the Library Lane underground parking structure. Recently, members of the advocacy group had suggested coming to PAC as well. He asked commissioners to urge the Ann Arbor Downtown Development Authority to separate out the Library Lane from its consideration of other parcels in the downtown area.

[Haber was referring to an effort called Connecting William Street, which is exploring alternate uses for the surface parking lots in the area bounded by William, Ashley, Liberty and Division streets – including the top of the underground parking structure. The project is being undertaken by the DDA at the direction of the Ann Arbor city council, given last year on April 4, 2011.]

The DDA should separate out the Library Lane parcel, Haber said, and gather ideas from the community about how to make a Central Park-type gathering space. There are so many people who say that’s what they want, he said – ask anyone whether they want a building or a park, and almost everyone will say a park. But this effort needs energy from people with responsibility for the parks who can actively pursue it. Don’t wait until another plan is presented, he said. He urged PAC to take some initiative. Haber said that advocates for Library Green are having an “Imagine a Park” block party on July 14, a couple of days after the grand opening of the parking structure earlier in the day. The event will run from noon until 5 p.m. on the top of the structure.

Haber contended that the conversation about this option was completely suppressed by the group that evaluated a request for proposals (RFP) for the top of the Library Lane. PAC should start to think about the possibility, and offer its advice to the DDA, he said.

Library Green: PAC Action? – Commission Discussion

Later in the meeting, Tim Berla asked what the process would be for following up on Haber’s suggestion. He felt that PAC should get ahead of the issue regarding downtown parks. It seems like there does need to be a park downtown. The Library Lane site might be an obvious place, though not necessarily the best place – and Berla said he wasn’t advocating for that. But he wanted PAC to get in the discussion. Berla said he knows that money is part of it, in terms of whether a park will raise the value of land surrounding it. But he didn’t think PAC should be involved in evaluating the financial aspects. His question was this: What can PAC do to move the discussion along so that the commission’s input is given? Berla said he’d been surprised that a surface parking lot is going on top of the 700-space underground structure, which seemed odd, though it might be the cheapest option at this point.

Tim Berla, a member of the Ann Arbor park advisory commission.

Colin Smith, the city’s parks and recreation manager, said that PAC always has the option of forming a subcommittee or focus group to look into any issue. If that’s what the commission as a whole wants to do, it can do that. There are a lot of discussions related to city-owned property in and near downtown, he noted, including the Allen Creek greenway, 415 W. Washington and 721 N. Main sites, and Liberty Plaza – a city park at the southwest corner of Liberty and Division, near the underground parking structure. From the staff’s perspective, Smith said, it would make sense for PAC as a group to decide what it wants to do.

PAC chair Julie Grand noted that at the last meeting of PAC’s land acquisition committee, committee members talked about holding a priority-setting session after all of the new commissioners come on board. [Gwen Nystuen and Sam Offen recently left PAC, and the June 19 meeting was the last one for David Barrett. All were term-limited. Ingrid Ault and Alan Jackson were appointed to replace Nystuen and Offen, but Barrett's replacement hasn't been appointed yet.]

Berla said he’d like to see several different plans developed for the Library Lane site, so that people could start evaluating options. Another insight he’d had related to Sonic Lunch – the weekly summer music series that’s held in Liberty Plaza and organized by the Bank of Ann Arbor. Wouldn’t it be awesome to have a music performance space downtown? He wanted to explore ideas like this, though perhaps they should wait until the Connecting William Street process played out, though it seemed like the focus for that project was different.

John Lawter noted that members of PAC and the DDA had met, and he had thought there would be a follow-up meeting. Julie Grand agreed, and said that one approach would be to advocate for involvement in the Connecting William Street effort.

Smith said that in the past, the city council has given PAC a charge to make recommendations back to the council. He asked Mike Anglin, a Ward 5 city councilmember who is an ex officio member of PAC, if Anglin knew who might be working on this issue. [PAC's other council representative, Christopher Taylor (Ward 3), had left the June 19 meeting by that point.]

Anglin replied that a lot of things are happening, and it’s important for PAC to be involved. Fuller Road is another area of interest, he said – an allusion to the possibility of building a transit station on land that’s part of Fuller Park. He noted that the Ann Arbor District Library is discussing what to do on its downtown site, too. It would be good for PAC to be more actively involved, he said, and perhaps form a focus group that could track some of these projects.

Outcome: There was no action taken on this issue, and it’s not clear if there’s consensus among commissioners about what steps to take next.

Parks & Recreation Manager’s Report

Colin Smith gave updates on two projects during his manager’s report: Repairs of the swirl concentrators at West Park, and “aquatic plant management” near the Gallup Park canoe livery.

Parks & Rec Manager’s Report: West Park

In late June, Smith said, the city expects the manufacturer of the swirl concentrators at West Park to replace the lids and finish repairs on those units. That work should take about three weeks. After that, the project’s contractor will rebuild the diversion structures, finish the access paths, and complete native plant restoration in that area, located along Seventh Street. That work will likely last throughout the summer. There are three entrances to the park off of Seventh, and during this work only the middle entrance will remain open, he said. Other activities at the park will be uninterrupted. He told commissioners that updates will be posted online.

Swirl concentrators had been installed for stormwater management as part of a major renovation of West Park in 2010. Most recently, PAC received a detailed update on the project at its Jan. 24, 2012 meeting from Nick Hutchinson, a civil engineer and one of the project managers in the city’s public services unit. Hutchinson had told the commission that after the manufacturer of the swirl concentrators makes repairs on the units, the city would hire a contractor to complete additional work that was recommended by Orchard Hiltz & McCliment (OHM), which the city had engaged in 2010 to look into the problems with that aspect of the West Park project. City staff had previously hoped to have that work completed by July of 2012.

Parks & Rec Manager’s Report: Aquatic Plants at Gallup

Smith reported that aquatic plants near the Gallup Park canoe livery are extremely overgrown, and that city staff will be harvesting excess plants in the coming weeks. Specifically, Eurasian watermilfoil is making it difficult for people to use paddleboats or canoe on that part of the pond.

Staff will use what Smith described as a “Zamboni on the water” to harvest about 6-7 acres around the livery. They’ll deposit the plants in an area of the park that’s unused, where the plants will dry out and shrink, he said. The work will start in late June.

Farewell to David Barrett

Turnover of park commissioners continued at the June 19 meeting – the last one for David Barrett, who has served on PAC since 2006.

From left: Park advisory commissioners Tim Doyle and David Barrett. The June 19 meeting was the last one for Barrett, whose term expires this month.

Near the end of the meeting, PAC chair Julie Grand thanked Barrett for his service. He had been a tireless advocate for improving the city’s athletic fields, she noted, and had been a quiet advocate on a lot of other issues over the past six years. He was an incredible human being and a good soul, she said.

Barrett is a songwriter and musician who is best known for the song “One Shining Moment.” It’s become the anthem for the NCAA basketball finals, with versions sung by Luther Vandross and Jennifer Hudson. He has written music for other sporting events and TV networks, and won an Emmy for the score of a PBS documentary on C.S. Lewis.

Barrett thanked the mayor for his appointment, and also thanked his fellow commissioners. He praised the city’s parks staff, saying they do a great job. It’s been an honor to serve, he said.

Barrett is the latest of three PAC members who have left the commission after being term-limited. Park advisory commissioners are limited to two consecutive three-year terms. Sam Offen and Gwen Nystuen recently ended their two terms on PAC as well. New commissioners replacing Offen and Nystuen are Alan Jackson and Ingrid Ault. No replacement has been nominated yet for Barrett.

Two other commissioners – Doug Chapman and Karen Levin – will be ending their first three-year terms in September of 2012, and could seek reappointment for another term.

Present: Ingrid Ault, David Barrett, Tim Berla, Tim Doyle, Alan Jackson, John Lawter, Karen Levin, Julie Grand, councilmember Christopher Taylor (ex-officio), councilmember Mike Anglin (ex-officio). Also Colin Smith, city parks and recreation manager.

Absent: Doug Chapman.

Next meeting: PAC’s meeting on Tuesday, July 17, 2012 begins 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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