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

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

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

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

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

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

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

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

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

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

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

Liberty Plaza & Library Lane

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

PAC chair Ingrid Ault.

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

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

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

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

Liberty Plaza & Library Lane: Background

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

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

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

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

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

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

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

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

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

Liberty Plaza & Library Lane: Public Commentary

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

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

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

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

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

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

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

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

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

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

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

Liberty Plaza & Library Lane: Commission Discussion

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

PAC member Paige Morrison.

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

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

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

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

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

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

Liberty Plaza & Library Lane: Commission Discussion

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

PAC vice chair Graydon Krapohl.

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

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

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

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

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

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

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

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

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

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

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

PAC member Karen Levin.

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

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

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

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

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

PAC member Alan Jackson.

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

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

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

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

Liberty Plaza & Library Lane: Commission Discussion – Amendments

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

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

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

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

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

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

Liberty Plaza Fee Waiver

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

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

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

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

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

Liberty Plaza Fee Waiver: Commission Discussion

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

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

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

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

Christopher Taylor suggested the following wording for a resolution:

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

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

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

There was no additional discussion.

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

Election of Officers

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

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

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

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

There were no competing nominations.

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

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

Paige Morrison was nominated as vice chair.

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

There were no competing nominations for vice chair.

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

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

Agreement for Engineering Services

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

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

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

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

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

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

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

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

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

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

Communications & Commentary

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Communications & Commentary: Committee Reports

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

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

Communications & Commentary: World Peace Day

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

Alan Haber.

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

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

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

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

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

Absent: Missy Stults.

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

The council’s unanimous vote to postpone consideration of the lease agreement came at its Aug. 18, 2014 meeting, after a brief discussion. The council will take up the item again at its first meeting in October – on Oct. 6. The lease came to the council with a recommendation of approval from the park advisory commission, given at its July 15, 2014 meeting. The council now wants PAC to take another look at the agreement.

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

The existing lease expires on Aug. 31, 2014. Given that the lease is expiring, Jane Lumm (Ward 2) asked about the implications of postponing until October. Mayor John Hieftje indicated that the lease renewal came to the council later than it should have.

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

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

Annual revenue of this lease would be $78,665, and will be included as part of the parks and recreation general fund budget. [.pdf of proposed lease agreement] [.pdf of staff report]

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

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

At PAC’s July 15 meeting when the lease was recommended, parks and recreation manager Colin Smith noted that the revenue from these three lots is significant for the parks and recreation operating budget. The current agreement – which was approved by the council in 2009 and extended by two administrative renewals – is essentially the same as the agreement that will expire, Smith told PAC.

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

Two residents who had raised concerns about the lease at PAC’s July 15 meeting – Rita Mitchell and George Gaston – also addressed the city council on the same issue on Aug. 18. Their commentary is reported in The Chronicle’s live updates of that meeting.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Fuller Park Parking Lease

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

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

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

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

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

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

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

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

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

State Street Village

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

Aerial view of State Street Village site.

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

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

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

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

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

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

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

North Maple Estates

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

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

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

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

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

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

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

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

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

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

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

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

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

121 Kingsley West

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

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

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

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

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

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

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

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

Taxicab Ordinances

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

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

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

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

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

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

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

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

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

Deer Management

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

7:01 p.m. And we’re off.

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

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

7:02 p.m. Approval of agenda.

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

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

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

7:05 p.m. Public commentary. This portion of the meeting offers 10 three-minute slots that can be reserved in advance. Preference is given to speakers who want to address the council on an agenda item. [Public commentary general time, with no sign-up required in advance, is offered at the end of the meeting.]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

7:35 p.m. Public hearings. All the public hearings are grouped together during this section of the meeting. Action on the related items comes later in the meeting. Four public hearings are scheduled tonight. Two of them relate to an Ann Arbor Housing Commission project on North Maple that involves demolishing some units and re-building them. [For additional background see North Maple Estates above] The other two public hearings relate to the McKinley project on State Street called State Street Village. [For additional background see State Street Village above]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

9:37 p.m. We’re back.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

10:27 p.m. Adjournment. We are now adjourned. That’s all from the hard benches.

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

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

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

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

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

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

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

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

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

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

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

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

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

Fuller Park Parking Lease

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

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

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

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

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

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

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

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

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

State Street Village

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

Aerial view of State Street Village site.

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

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

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

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

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

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

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

North Maple Road

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

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

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

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

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

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

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

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

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

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

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

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

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

121 Kingsley West

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

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

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

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

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

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

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

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

Taxicab Ordinances

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

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

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

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

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

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

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

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

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

Deer Management

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Liberty Plaza

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

The commission also heard public commentary related to this area.

Liberty Plaza: Fee Waiver – Background

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

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

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

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

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

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

Liberty Plaza: Council Resolution – Background

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

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

Christopher Taylor at PAC’s July 15 meeting.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Liberty Plaza and Library Lane: July 15 Public Commentary

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

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

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

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

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

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

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

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

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

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

Liberty Plaza: Commission Discussion

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

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

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

No one objected.

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

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

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

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

Outcome: This was not a voting item.

Fuller Park

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

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

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

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

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

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

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

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

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

Fuller Park: Public Commentary

Three people spoke during public commentary about Fuller Park.

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

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

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

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

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

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

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

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

Fuller Park: Commission Discussion

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

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

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

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

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

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

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

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

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

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

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

Karen Levin.

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

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

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

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

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

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

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

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

Missy Stults.

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

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

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

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

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

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

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

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

David Santacroce.

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

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

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

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

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

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

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

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

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

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

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

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

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

Mack Pool

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

Gayle Hurn, recreation supervisor for Mack and Fuller pools.

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

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

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

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

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

Programs include:

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

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

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

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

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

Mack Pool: Commission Discussion

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

PAC member Paige Morrison.

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

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

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

Manager’s Report

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

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

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

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

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

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

Absent: Bob Galardi, Alan Jackson, Graydon Krapohl.

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

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

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

According to a staff memo, the city has leased Lot A to UM since 1993. Lots B and C have been leased since 2009.

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

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

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

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

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

PAC’s recommendation was unanimous and will be forwarded to the city council for consideration.

This brief was filed from the council chambers at city hall, 301 E. Huron, where PAC holds its meetings. A more detailed report will follow.