Sherry Knight Bedolla speaks to the Ann Arbor planning commission at its May 15, 2012 meeting. Her father, Ray Knight, bought the former Ty's Market on the corner of Spring and Miller in 1952. Knight's Market is seeking to expand and add a bakery in the current single-family house. They are asking the city to rezone the property from residential to C1 commercial. (Photos by the writer.)

The city’s fiscal year ends June 30. Year to date, 10 zoning or planned unit development (PUD) applications have been received, compared to one in fiscal year 2011. Twenty-one site plans have been submitted this year, compared to 13 in FY 2011. And 494 zoning compliance reviews have been completed this year for building permits, up from 215 in FY 2011 – a 129% increase.

At the commission’s May 15 meeting, five projects were considered. The one drawing most interest from residents was a proposed expansion of Knight’s Market at the corner of Spring and Miller. The plan calls for an addition on the current market building, which has been run by the Knight family since 1952. Three parcels would be combined into one that would be rezoned as C1 (local business), allowing the Knights to turn one of two single-family homes next to the market into a bakery. The bakery wouldn’t have a retail space – it would be used to make products for the market and the family’s restaurants in Ann Arbor and Jackson.

Ten people spoke during a public hearing on the project,  mostly residents of the neighborhood. They expressed support and gratitude for the Knights and their business, but raised concerns about increased truck traffic and “commercial creep.” Residents were also cautious about the future of the site, if ownership changes hands after the property is rezoned for commercial uses.

Speaking on behalf of the family, Sherry Knight Bedolla assured commissioners that there are no plans to sell to a developer – the family simply needs to meet demand for its baked goods, she said. The bakery would also be used to repackage food from the restaurant into ready-to-eat meals that would be sold in the market. At the planning staff’s request, commissioners ultimately voted to postpone action on the project to allow time for additional review.

Also postponed was action on the site plan for DTE Energy’s Buckler electrical substation at 984 Broadway near Canal Street. DTE hopes to build the substation in the utility company’s Ann Arbor service center to provide an increase in electrical power to the downtown area, due to increased demand for electricity. The project is expected to be back on the planning commission’s June 5 agenda. A companion project – a site plan for remediation of the nearby MichCon property on Broadway – was unanimously approved, assuming that a list of contingencies are met.

Two other projects were also unanimously approved: (1) an expansion of parking for the Wintermeyer office complex on South State; and (2) a temporary retail sales special exception use for Phantom Fireworks, to sell fireworks in the parking lot of Colonial Lanes at 1950 South Industrial Highway.

Knight’s Market Expansion

Ann Arbor planning commissioners were asked to consider a request from Knight’s Market – a rezoning and site plan proposal to allow the neighborhood market to expand and add a bakery. City planner Alexis DiLeo gave the staff report.

Knight’s Market is located at the northeast corner of Spring and Miller. The market’s owner, Ray Knight, also owns two separate, adjacent parcels. (Knight is perhaps best known for his family’s restaurant, Knight’s Steakhouse, located at 2324 Dexter Ave.) The grocery store is on land zoned zoned C1 (local business) and M1 (light industrial). Another parcel at 306-308 Spring St. has two zoning designations – R2A (two-family dwelling) and M1 – and contains two single-family homes and part of a parking lot. The third parcel at 310 Spring St. is also zoned R2A and M1 and contains the other half of the store’s parking lot. All three parcels are currently non-conforming in some way, according to a staff report, and are located in the 100-year Allen Creek floodplain.

The proposal from Knight’s involves several steps. The request calls for 306, 308 and 310 Spring to be rezoned to C1. That rezoning would allow the building at 306 Spring to be converted into a bakery, although the intent is to leave the exterior of the house intact. The rezoning would also allow for approval to build a 1,200-square-foot addition to the existing grocery store and to expand, reconfigure, and improve the existing parking lot. In addition, the plan requests that 418 Miller Ave. – the site of the existing grocery – also be rezoned to C1.

The proposed work to the parking lot includes providing three additional spaces (for a total of 17 parking spaces), a designated snow pile storage area, solid waste and recycling container storage enclosure, right-of-way screening, conflicting land use buffer, and rain gardens for storm water management. An unused curbcut on Miller Avenue would be removed and the curb and lawn extension would be restored there. A temporary storage building at 418 Miller would be removed. The house at 310 Spring would remain a single-family dwelling.

The staff report notes that a neighborhood meeting in September 2011 drew about 10 people, who raised concerns about the proposed bakery at 306 Spring, as well as possible future uses for adjacent land also owned by Knight at 314 and 422 Spring, which are not part of the current proposal.

Knight’s Market Expansion: Public Hearing

Ten people spoke during the project’s public hearing. Architect Dick Fry described more details of the project. The site will be “cleaned up,” he said, including removal of a trailer that’s been illegally located there for years. No changes to the footprints of the two houses are planned, and the parking is being expanded. He noted that members of the Knight family were attending the meeting – they had been raised on this property. Fry noted that he’s heard speculation about the rezoning being requested in order to sell out to a big developer. That’s not their intention, he said. The Knights need more room to prepare food that will be sold at the grocery.

Dick Fry, the architect for the Knight's Market expansion.

He said the Knights have agreed to accept the floodplain lines, rather than taking a stand and showing documents that indicate the floodplain had been drawn in a different location when the project first started. They’ll be floodproofing the building – pulling off the siding and putting up brick, which will also make the building look nicer, he said. Fry also told commissioners that there are plans to put up signs – many people don’t know it’s a market. [The building is marked only by black knight chess icons on the sides facing Miller and Spring. The door into the building is off of the parking lot – there is a relatively new sign on that side of the structure, next to the door.]

Sherry Knight Bedolla spoke on behalf of the Knight family. Ray Knight is her father, she said, and two of her four brothers – Jeff and Don – were at the meeting, along with her brother-in-law, Vernon Bedolla. They all work or have worked in the store or at Knight’s restaurant, and want to keep those businesses going. She gave a bit of history about the store, explaining how the small local market became known for its quality meat. She said she was amazed that it’s still in business, after big supermarkets became popular. Yes, the store’s prices are a bit more expensive than larger groceries, she said, but not overly priced. It serves the neighborhood and community. She said she grew up in the house next to the market, and some family members still live in the neighborhood. They don’t plan on going anywhere or selling out.

They aren’t looking to make huge changes, Bedolla said, but she noted that it’s been about 50 years since they’ve made major improvements. They want to make the outside look nicer. If rezoning for the bakery is approved, they’ll be able to do more baking for the restaurants and market, she said. Right now, she can’t satisfy customer demand. They also plan to bring food from the restaurant and package it for ready-to-eat meals that they’ll sell at the store. The changes will also provide jobs for their growing family and others, Bedolla said.

Tim Athan lives on Spring Street, and noted that the project would bring food manufacturing to the neighborhood, with trucks and increased energy use. He said he realized that mixed-use is a tenet of New Urbanism, but this project works against that because it might put the existing bakery – Big City Small World Bakery – out of business. He said he does like mixed-use development, and would like to see the city encourage restoration of older neighborhood stores that already exist.

Athan said it’s a nice neighborhood being encroached on by creeping urban growth. He used to live on Ashley and saw the same thing happen there. He doesn’t want it to happen on “good old Spring Street,” just for the convenience of the Knights. The street already suffers from high traffic, he noted – it’s a well-known cut-through to avoid the stoplights on Main Street. The city’s master plan mandates for reduced neighborhood intrusions, he said, but the city hasn’t helped with that. Each step isn’t bad, but the cumulative effect is negative and transforms the neighborhood. He asked whether anyone would look at the existing Knight’s Market and say that the design they’ve had for decades is big on charm. The proposed plan to use brick is great, but there’s still a long way to go, he said, and past performance should count for something. A sweet neighborhood is being whittled away unnecessarily, he said.

Steve Schewe began by joking that his wife Nancy had told him to speak up. They also live on Spring, and he wanted to read a letter that had been submitted to commissioners earlier. [.pdf of Schewe's letter] He said he’s known the Knights since 1973, and called them ”a classic, hard-working Midwestern family. They are wonderful neighbors and we have complete confidence that they will make improvements in their family-owned and family-operated market that will improve the quality of life in our shared neighborhood.”

Schewe talked about the family’s history and how they help out neighbors by clearing snow or letting people run tabs at the market during tough times. Bob Knight even escorted Nancy Schewe home one night when a murderer had escaped, Schewe said – armed with a baseball bat, Bob Knight had checked to make sure the house was safe for her. Schewe noted that the Knights sell products from local businesses like Mighty Good Coffee, Metzger’s, Ann Arbor Tortilla Factory and Dry Bucket Farms. “The Knights don’t make reckless moves,” Schewe said. “They are slow and cautious, and that is why we trust that they will not abuse this request for rezoning.”

Kathleen Canning, another Spring Street resident, said she’s shopped there since she finally figured out it was a market. Along with Big City bakery, it makes the neighborhood wonderful, she said, and she hopes that the Knights will stay and thrive. However, she also expressed concern about encroaching commercial zoning in an area that’s already seeing urban encroachment. The neighborhood is at its limit. She and Nancy Schewe had organized to get a residential parking program in the neighborhood, which had caused quite a bit of friendly disagreement among neighbors, she said. That program has improved conditions, but there’s still a lot of truck traffic.

Trucks don’t have an easy way out of Spring after they deliver to Knight’s Market, she noted. It doesn’t take a rocket scientist to figure out that truck traffic will increase with this project, she said. The Knights are asking the neighborhood to bear more traffic, Canning said – that needs to be recognized, and solutions need to be pursued. There are increasing numbers of small children in the neighborhood, and traffic is a concern. The second concern is about the permanence of commercial zoning. She said it’s obviously not possible for zoning to revert to residential, if the property is sold, so she’s very nervous about the potential for commercial buildings that might get built where the houses are now.

Laurie Feldt has lived on the corner of Spring and Cherry since 1992, and said she definitely supported the project. The Knights have traditionally hired from the neighborhood, so it’s an opportunity for more jobs that residents can walk to, she said. The Knights are fair employers – they pay well and treat you well. The amount of truck traffic isn’t a big concern for her – there are already a lot of trucks on Spring, including city trucks and tow trucks. It would be nice for traffic to be mitigated, but she didn’t see how that would happen. Neighbors tolerate parking regulations and home construction projects because properties should work for the owner’s needs.

Feldt said she has a cottage industry baking business in her home, yet she welcomes the Knight’s new bakery. And it would make life easier to have prepared meals available in the market. She said her father is an emeritus professor of urban planning, and he affirmed her guess that the Knight’s project would increase property values and that mixed-use is the way to go. It’s an urban neighborhood, and having these gems gives the neighborhood more value and meaning, she concluded.

The white building, marked only by the black knight chess icons, houses Knight's Market on the northeast corner of Miller and Spring. Across Spring Street in the bright yellow/orange building is Big City Small World Bakery.

Sandra Levitsky also lives on Spring, and echoed her neighbors’ comments both for and against the project. She said she’s an enormous fan of the market and the family. But she’s lived in two neighborhoods in Los Angeles and Minneapolis that suffered from “commercial creep” into a residential neighborhood. In both cases, a benign and seemingly good plan turned bad when the property changed hands. In both LA and Minneapolis, it resulted in fairly ugly fights between residents and commercial owners, she said. She wished for some guarantee to be built into the zoning. ”I trust the Knight family, but who knows what will happen in the future?” As the mother of a 1-year-old, Levitsky also was concerned about traffic and especially increased truck traffic, and hoped the city could address it.

Virginia Gordan lives on Cherry, and said she didn’t mean any disrespect to the Knights or the market by her comments. She agreed with all of the positive attributes that had been cited. But she wanted to highlight a couple of things. Increased traffic is a concern, but the biggest issue is rezoning from residential to C1. What might change in the family’s current plans, or what happens if they sell? Commercial creep is a concern. Now, you can see the market on the corner but you can see houses immediately north of the store. If those are rezoned for commercial use, that’s scary, she said. After the property is rezoned, it seems there’s very little the city can do – South Fifth is an example, she said. [Gordan was alluding to the controversial City Place apartment project on South Fifth, between William and Packard. That property was not rezoned. But Gordan's point was that City Place was seen as an undesirable project that the city council could not reject because it met the conditions of zoning and could thus be built "by right."]

Karen Garrison, who also lives on Spring, began by saying that the character of the Knight family isn’t on trial. She likes the market and family, and appreciates what they’ve done. But what is on trial is the character of the neighborhood, she said. It’s a very special place, and has recently developed into the Water Hill neighborhood, which makes her proud. Garrison said she sees this projects as a conflict with the character of a residential area with community spirit. Ashley doesn’t have that same community feeling – that’s the reason why there’s not a music festival on Ashley, she said.

Scott Newell told commissioners that he owned Big City Small World Bakery at the northwest corner of Miller and Spring. He said he was very conflicted, “but these guys are great,” referring to the Knights. He agreed with the pros and cons he’d heard from previous speakers. If the city does approve the project, he hoped that a real streetlight could be installed on that corner, like one at First and Ashley. Pedestrian traffic is heavy, especially during rush hour, he said, and there are a lot of young families. Newell wrapped up by saying, ”These guys are great and I love ‘em.”

Knight’s Market Expansion: Commission Discussion

Tony Derezinski began the discussion by noting that a range of commentary had been heard but the one constant was a high respect for the Knight family and what they’ve done. People are also concerned about the future, he said, which is natural. It reminded Derezinski about the expansion of Zingerman’s Deli, and how people in the neighborhood praised Zingerman’s but were concerned about delivery trucks and other issues. [The planning commission recommended approval of the Zingerman's expansion at their May 18, 2010 meeting. The project was later approved by the city council and construction is well underway.]

Part of the situation is inevitable, he said. Trucks are already there – it’s a matter of degree as to what might happen in the future, and that’s impossible to predict. People are also worried about the rezoning, Derezinski said, but he felt that the issue was addressed in the staff report. There are natural boundaries to delineate the residential from the commercial. Is it enough to prevent leapfrogging up the street? On these decisions, you do the best you can, he said. Encroachment does happen, but on the other hand it’s good to have neighborhood stores. ”I guess I’m about as conflicted as you are,” he told the residents. It comes down to whether the city is willing to take a chance on the Knights, he said.

The rest of the commissioners’ comments are organized here by topic.

Knight’s Market Expansion: Commission Discussion – Traffic, Parking

Eleanore Adenekan had questions about the truck traffic, and asked for the market’s hours of operation.  Sherry Knight Bedolla said it’s open 8 a.m. to 6:30 p.m. on weekdays, and 8-5 on Saturday. The market is closed on Sundays.

Aerial view of Knight's property – the three parcels that are part of the project are outlined in black. Spring Street is the north-south street on the west side of the property. Miller Avenue runs east-west along the market's southern edge.

Adenekan then wanted to know how many trucks come through. Bedolla noted that part of the truck traffic is unrelated to Knight’s – the truck drivers coming down eastbound Miller see the railroad bridge ahead and if they don’t think the truck will fit under it, they cut up Spring Street. As for trucks coming to Knight’s, she estimated there are about a dozen per week, and she didn’t think it would increase very much. Products for the bakery will be delivered on trucks that already make stops at the market, and there are already delivery trucks that go back and forth between the market and restaurant.

Bonnie Bona said the parking expansion made her a little uncomfortable. How much does the market need and use? When she thinks of neighborhood stores – like the Big City bakery or Jefferson Market – she doesn’t think about parking. Neither of those stores have parking. She said she realized that the city has a 14-space minimum requirement, but the site plan calls for 17.

Bedolla reported that there are about six employee cars on the lot each day, with the rest for customers. They’re trying not to use spaces in the neighborhood, she said. Usually four or five customer vehicles are in the lot, though sometimes during rush hour it’s full, she said.

Bona clarified with Dick Fry that two bike hoops are planned, but more could be added.

Evan Pratt said he used to live in that area, on Chapin. It’s true that Spring Street is a cut-through, but most of that traffic is related to the railroad bridge, he said. And he didn’t think it was unreasonable to get two or three deliveries a day.

Pratt also noted that the city has a traffic-calming program, which requires a certain percentage of residents to petition for changes. He said he now lives off of Broadway, and the traffic calming there has been a benefit – maybe not with the amount of traffic, he said, but to reduce speeds.

Kirk Westphal said he didn’t know if a traffic study was warranted, but he noted that traffic creep can also be an issue. Alexis DiLeo replied that the site plan didn’t trigger a traffic study. Typically the trigger is if there’s more than 50 vehicles in the peak hour, but that threshold didn’t speak to deliveries, she noted – it looked at employees and customers. She said she hadn’t previously been aware of the concerns about truck traffic, however, so she could see what the options are for further study.

Knight’s Market Expansion: Commission Discussion – Zoning

Bonnie Bona said she had a couple of concerns about the project. The bakery will be a production facility, not retail – that’s a fact, she said. Her conflict is with the lack of retail. On the other hand, rezoning away from residential in a floodplain makes sense. Hundreds of homes are located in the floodplain, and usually the residents are the most financially challenged, she said. That’s not where people should be living.

Bona asked the planning staff if contract zoning might be an option to add restrictions on what would be allowed on the site. She also wondered about lot size. Currently, C1 has a minimum lot size of 2,000 square feet, she noted. At what point does a national chain become interested in a site – 20,000 square feet? 50,000 square feet? Bona said she’d be more comfortable knowing about that.

The entrance to Knight's Market off of Spring Street is between the market building and a single-family house, which would be converted to a bakery if rezoning is approved.

Diane Giannola also expressed concern about commercial creep. After the rezoning, would there still be three separate parcels? Alexis DiLeo said the site plan is contingent on combining the lots. Giannola wondered if it’s big enough that a national chain might want to locate there.

Giannola’s other concern is that there’s no retail in the bakery. Was any kind of store planned inside the bakery? Sherry Knight Bedolla replied that the intent is to make baked goods to sell in the market and restaurants. They didn’t want to encroach on the neighborhood by having another store. The outside of the house will look as it does now, she said – the exterior won’t change.

Giannola thought it didn’t really fit in C1 zoning if there’s no retail. Dick Fry clarified that the retail sales must be on the site, but not necessarily in the same building. It would be easy to have a walk-in room and counter sales, he said, but that would complicate the site and the traffic.

Kirk Westphal observed that it was great to hear the rich input from the community – it helps flesh out the commission’s discussion to picture what the worst case scenario could be, he said. He was struggling with the project as well, and asked planning staff to give examples about what kinds of businesses can operate in C1 districts, and at what scale.

DiLeo said that C1 allows for general retail sales, restaurants, and service businesses like dry cleaners and nail salons. There’s a limit of 8,000 square feet per use, she said, but that’s not a building size limitation. So there could be a strip mall, and each business could have up to 8,000 square feet of space. The limiting factor for building size would be the floor-area ratio (FAR), based on the lot size. Residential use would not be prohibited, but it would be discouraged because of the floodplain, DiLeo said.

Evan Pratt asked if staff had considered other zoning districts. DiLeo replied that C1 is the least intense of the commercial zones. It’s the only zoning district with a size limitation for use, for example.

Pratt commented that the current zoning is “pretty arcane.” What are the uses for M1 – the strip that goes along the railroad tracks? That’s for transportation and railroad uses, DiLeo said, and light manufacturing – something like a small machine shop. M1 allows for items to be assembled, but not created from raw materials. Pratt ventured that cleaning up the M1 zoning is a good thing.

Wendy Woods said she appreciated the concern about commercial creep, but that’s a balancing act that no one can predict. In the past, the Knights have attempted to keep their business going, she said, and it’s their intent to stay. She asked for clarification about whether anything can be done regarding a change of ownership. DiLeo replied that the zoning is tied to the land, not the land’s use or owners. Conditional or contract zoning is something that the property owners could offer to do, but the owners can’t stipulate that the zoning will automatically revert to its previous zoning. That would be in conflict with due process and public noticing, she said. If it’s rezoned from commercial back to residential or to some other kind of district, it would need to go through the rezoning process.

Westphal asked whether contract or conditional zoning could stipulate the size of a building’s footprint or area, for example. DiLeo said she’d need to check with the city attorney’s office on what kind of conditions could be stipulated. Westphal asked about a PUD (planned unit development) – might that type of zoning be useful in this situation? DiLeo said that typically, conditional zoning is a good tool to use when you want to limit what’s allowed, while a PUD is a useful tool when you want to expand what’s allowed from the base zoning.

Knight’s Market Expansion: Commission Discussion – Design

Bonnie Bona noted that she lives in the “upper Water Hill” neighborhood, north of the Spring/Miller area, and she frequents Big City bakery and the Kerrytown shops. But she hasn’t been to Knight’s Market in 25 years, she said, because it’s not welcoming. What are the owners trying to do to make it more welcoming? Windows would be good, to help keep an eye on the street, she said. [The current building has one small window facing Miller, and a few small windows facing Spring.] Bona also noted that Big City bakery has a residence above its shop. Why doesn’t the Knight’s plan have the same?

Dick Fry said they haven’t gotten into details about the building design, and the things that Bona mentioned would help. The entrance will likely stay on the side of the building where it’s currently located, facing north onto the parking lot, but the owners are open to other ideas, he said. Bona encouraged him to invite input from the neighbors – ultimately, she said, they’re the ones who have to live with it.

Kirk Westphal said he echoed Bona’s sentiments regarding the building facade for the sides facing Miller and Spring.

Knight’s Market Expansion: Commission Discussion – Wrapping Up

Eric Mahler asked Alexis DiLeo how much time it would take to address the outstanding issues. Would it be back for review at the planning commission’s June 5 meeting? Planning manager Wendy Rampson said that depends on whether the owners are interested in doing something different with the zoning. If the zoning approach changes, it would take longer. [Rampson subsequently confirmed that the project will not be on the June 5 agenda.]

Outcome: Commissioners voted unanimously to postpone action on the Knight’s Market expansion.

DTE Buckler Substation

Planning commissioners were asked to consider a site plan for a new DTE Buckler electrical substation at 984 Broadway near Canal Street.

Site plan for DTE Buckler substation. (Links to larger image.)

City planner Jeff Kahan gave the staff report. DTE is building the new Buckler substation in the utility company’s Ann Arbor service center to provide an increase in electrical power to the downtown area due to increased demand for electricity.

According to a staff memo, the project will include two 15.5-foot tall electrical transformers and related electrical equipment on raised concrete pads, and a new power delivery center (PDC) – a 630-square-foot, 12.5-foot tall steel structure. The project also will include a new six-foot tall perimeter chain link fence with one foot of barb wire and a concrete block retaining wall. The source of power will be transmitted through underground sub-transmission cables in an existing manhole and conduit system.

Because of floodplain issues, DTE has proposed to build raised transformer pads by bringing in 800 cubic yards of fill. To mitigate that impact to the floodplain, DTE plans to remove 1,155 cubic yards of earth on the MichCon site at 841 Broadway. [MichCon is a DTE subsidiary.] The proposal also calls for removing a building on the MichCon site, which will give the company an additional 55 cubic yards of ”floodplain mitigation credit.” The proposal for this MichCon portion of the project was presented in a separate agenda item (see below).

City planning staff had recommended postponement of the Buckler substation site plan to allow more time to review several outstanding issues. For example, staff has recommended that DTE seek a variance from the city’s zoning board of appeals for a 100-year detention requirement – the proposed site plan would require such a variance. The site is located within the Huron River’s 100-year floodplain.

The project also needs a variance to the 15-foot conflicting land use buffer requirements along the east side property line, adjacent to Riverside Park. DTE is requesting a variance that would allow 33 trees and 38 shrubs to be planted along the far western side of Riverside Park instead of on DTE property. The city’s park advisory commission recommended approval of that variance at its Feb. 28, 2012 meeting.

DTE Buckler Substation: Public Hearing

The only person to speak during the public hearing was Mike Witkowski, DTE planning engineer for Washtenaw County. He thanked Kahan and other city planning staff for their help in working through a number of issues. He noted that DTE’s current infrastructure can’t support demand for electricity in that part of the city. Within a mile radius of the current Argo substation on Broadway, peak loads were 17% higher in 2011 compared to 2009. That’s what happens when you knock down a building and put up a high rise, he said – a probable allusion to the University of Michigan’s Kellogg Eye Center on Wall Street, near the proposed substation site.

Without this project, he said, DTE has limited or no ability to serve new businesses, and there would be increased risk of brownouts or blackouts to do equipment overloads. He said the utility has plans to address those concerns in the interim, but they need a long-term solution.

The location is critical because the substation needs to be near the center of the load, he said. The Buckler location would also be near existing infrastructure for DTE’s system. If the project is approved, Witkowski said the first circuits likely would be energized in May of 2013. A lot needs to happen before then, he added – it’s a long design and construction process. But once energized, the new circuits will support new customers.

Witkowski described the Buckler substation project as a $10 million investment in the city. DTE wants to foster a favorable environment for economic development, he said, and this substation should provide the ability to sustain growth for years to come.

DTE Buckler Substation: Commission Discussion

Wendy Woods asked whether the city council would need to vote on this item. Eric Mahler, the planning commission’s chair, replied that only planning commission approval is needed.

Woods highlighted Witkowski’s comments about the growth in demand and DTE’s ability to provide electricity to additional customers. She noted that the city has a focus on sustainability, and those numbers grabbed her attention. She asked for more details about the future ability to serve new customers.

It’s hard to make specific projections, Witkowski said. He noted that the last Ann Arbor substation was built in the 1960s, but Ann Arbor is a hot spot in the state for growth, unlike other areas. Electric vehicles might also increase demand in the future, he said. But if he had to give a ballpark estimate, Witkowski said the new substation would likely meet demand for at least 20 years.

Kirk Westphal’s initial line of questioning focused on the fence, and he wondered whether it could be a solid wall, rather than chain link and barbed wire – that’s the least desirable alternative, he said. Mark Fairless, a civil engineer with DTE, said the design, including the use of chain link and barbed wire, meets the national electrical safety code for substation protection. It’s a standard design, he said, and provides the most protection both for DTE’s assets and the public.

When Westphal pressed about other options that might be available, Fairless repeated that the proposed design is DTE’s standard one – they haven’t looked at other options. The retaining wall is required because of the substation’s location in the floodplain, he said, and the fence construction is standard. Westphal encouraged the designers to consider different materials.

DTE's Argo substation on the northwest corner of Broadway and Swift, looking west over the Broadway bridge.

Westphal then turned to the topic of the Argo substation on Broadway, saying he rides past it every day and “it’s not the best feature of the neighborhood.” Is there any opportunity to consolidate the two sites – to upgrade the new Buckler substation so that the one on Argo wouldn’t be needed?

Witkowski clarified that the Buckler substation isn’t planned to be a replacement for Argo. The two sites would work in tandem, he said. He noted that the Argo substation serves a wide area, including city hall, that couldn’t be picked up by the new substation. It wouldn’t be economically feasible for DTE to decommission it, he said.

Evan Pratt wanted to know what the bigger picture plans are for Buckler and Argo. It would be nice if DTE’s long-range plan were to move Argo off of this major city corridor. What’s the expected life for the Argo substation? he asked.

That’s hard to say, Witkowski replied. When the project began in 2008, the original idea was to do upgrades at the Argo substation, he said. But that was before Ann Arbor started seeing accelerated growth. Because of the type of equipment at Argo, DTE couldn’t do the upgrade until some of the load was taken off of that substation. Now, he said, there’s a strong possibility that they’ll clean up the Argo site and make it less congested. However, essential equipment is there that can’t be moved at this point, and it will remain there for the foreseeable future, he said.

Bonnie Bona said she agreed with Pratt – there’s a bigger aesthetic consideration at Argo. She also pointed out that Michigan Stadium was previously surrounded by a chain link fence, too. Now, the fence is wrought iron and painted blue, with brick pilasters. Bona joked that as long as commissioners were redesigning DTE’s substations, she wanted to bring up the fact that the Buckler substation would be located near the Huron River. In the long term, she said, it would be nice to think that the area could be a more active, integrated part of the community. Is there anything about the substation that makes it integral to that site, or could it stand alone if other parts of the site were used for other purposes, like a park?

Witkowski said the site is perfect for the substation, and he explained how the location would allow the substation’s equipment to feed into DTE’s existing infrastructure.

Bona then asked a question about landscaping – she assumed that no trees would be removed? Fairless replied that six of the 13 trees would be taken down, because they are on the property line, growing into the existing fence. Landscaping plans call for DTE to add 23 trees, however, and to donate another 10 trees to be planted in Riverside Park.

Eric Mahler asked whether the $10 million investment is contingent on making a rate increase request to the Michigan Public Service Commission, which regulates utilities in the state. No, Witkowski replied. This project has already been approved by DTE’s executive management, and doesn’t require asking for rate adjustments from the MPSC.

Mahler wondered what information the planning staff needed. Jeff Kahan indicated that they had been awaiting several items, and that DTE had recently turned in a revised site plan that the staff hadn’t yet had the opportunity to review. Kahan expected the project would be ready for the planning commission’s meeting on June 5. [Planning staff later confirmed that the project will be on the June 5 agenda.]

After discussion ended, Bona made a motion to postpone, which was seconded by Westphal.

Before the vote, Tony Derezinski asked if DTE was working under any sort of critical timeframe. Scott Trowbridge, DTE’s project manager for the Buckler substation, said the company can move ahead and start making decisions about the project, but there’s some risk involved since it hasn’t yet been approved by the city. He said they’d likely do some work around the existing service center, to accommodate the eventual substation construction. At some point, though, the timing of approval will affect how well DTE can be prepared for electricity demands in the summer of 2013.

Derezinski said it will likely be just a short postponement, and it seemed like “you wouldn’t go bankrupt on that.” Trowbridge indicated that Derezinski was correct – DTE would not go bankrupt.

Outcome: Commissioners voted to postpone action on the Buckler substation project. It will return to the planning commission at its next meeting on June 5.

MichCon Site Remediation

A site plan for remediation of the MichCon property at 841 Broadway was another DTE-related item on the May 21 agenda. The proposal was made in conjunction with the site plan for the new DTE Buckler electrical substation on the opposite side of Broadway. MichCon is a subsidiary of DTE.

The MichCon site plan approval is contingent on three things: (1) obtaining variances from the city’s zoning board of appeals (ZBA) to exempt MichCon from providing a new stormwater management system; (2) obtaining a Michigan Dept. of Environmental Quality (MDEQ) permit for work within the floodplain and Huron River; and (3) indicating water main and storm sewer easements on the site plan and providing the city with legal descriptions for those easements prior to the city issuing grading permits.

From left: Planning commissioners Bonnie Bona, Wendy Woods and Diane Giannola.

The remediation site plan entails removing 1,155 cubic yards of earth on the MichCon property, including the site’s most heavily contaminated soil. The company would get another 55 cubic yards of “floodplain mitigation credit” as a result of removing a building on the site. The remediation is intended to offset impact on the Huron River floodplain that’s expected when DTE brings in 800 cubic yards of soil to build raised transformer pads at the new Buckler substation.

According to a staff memo, a ZBA variance is needed to exempt the company from building new stormwater detention systems. Because contaminated soil will remain on the site after remediation, the company has indicated that installing new detention systems would be harmful to groundwater and the Huron River. Detention systems would not be required if impervious surfaces were removed on the site. However, removing impervious surfaces would allow contaminants in the soil to leach into the Huron River and groundwater. The proposal calls for leaving the existing impervious surfaces in place to provide a cap on contaminated soils.

[DTE officials had previously briefed the city's park advisory commission about this project at PAC's March 20, 2012 meeting, and had made a presentation at a March 12, 2012 city council working session. An extensive report on that presentation is included in The Chronicle’s coverage of a recent master plan committee meeting: “Planning Group Revisits Huron River Report.”]

The MichCon remediation requires approval only from the planning commission, and does not require action by the city council.

MichCon Site Remediation: Public Hearing

Two people spoke during the public hearing for this project. Paul Machiele of Ann Arbor told commissioners that he’s overjoyed by many aspects of this project, but also has some concerns. He said he’s a recreational kayaker on the Huron River. Last summer, he visited the city of Bend, Oregon, and was amazed by the transformation of the riverfront there, with pathways, canoe/kayak launch sites and other features. When he returned here and kayaked along the Huron River starting near Argo Pond, he wondered ”why is Ann Arbor wasting our river?” He keeps driving past the MichCon site and wonders why it’s not possible to get access to the river from that site. It’s a flowing stretch of river in the downtown area, and a wonderful opportunity to encourage more people to go to the river, as well as for more businesses to grow in that area. He advocated for opening up both sides of the river along that stretch, including pathways for people to jog or walk. Machiele said he didn’t know what the restrictions would be, but it’s a wonderful opportunity and shouldn’t be wasted.

Shayne Wiesemann, a senior environmental engineer with DTE and project manager for the remediation, said that the request in front of the planning commission is just one piece of a broader effort. The remediation allows DTE to start listening to input from community stakeholders, he said – the Huron River Watershed Council, National Wildlife Federation, and the city, among others. He noted that DTE has entered into a partnership with the city regarding the whitewater feature that DTE will now be building along that stretch of the river. The company will be looking at future uses for the property – there’s been a lot of talk in the community about it becoming a park, or a place for mixed-use development, he said. But for now, DTE’s focus is on remediation, Wiesemann said. It’s an important step in making the site available for other uses. The site has been described as a jewel in the Border-to-Border trail, he noted, and DTE executives see the property as being an economic catalyst for the community. The request at this meeting is just a part of that process, he concluded.

MichCon Site Remediation: Commission Discussion

Tony Derezinski began the discussion by talking about how the project fits into the overall improvement in that area, including the new Argo Cascades bypass. The hard and gritty truth is that the MichCon property needs to be cleaned up, he said. He’s very much in favor of this remediation.

Bonnie Bona asked about the fence on the property. Jeff Kahan replied that the existing fence prevents access from Broadway, but the entire site isn’t enclosed. Shayne Wiesemann of DTE noted that the property’s west side isn’t fenced, and the idea is eventually to take down the fence on the east side, along the river, after remediation is completed.

Evan Pratt asked where he could find a copy of the environmental report for the site. He said he understood that the planning commission couldn’t have much input on that. Wiesemann said the results are posted on the Michigan Dept. of Environmental Quality’s website.  [The MDEQ keeps a list of contaminated sites in the state, including those in Ann Arbor, with a list of the contaminants at those sites. The contaminants at the MichCon Broadway site include heavy metals (lead, nickel, zinc, etc.) and phthalates.] He noted that the report had been available at a public forum in April, and at the downtown location of the Ann Arbor District Library.

Pratt said it was great that DTE is cleaning up the site, but it gave him pause to hear that asphalt would be left on part of the site because of concerns over what might be underneath it. He understood that it’s complicated, but asked for the simple version – anything that’s left on the site would be authorized by the DEQ? Is it developable in general? he asked.

Wiesemann replied that the cleanup would be amenable for industrial uses. DTE is stopping there until it knows what the future uses for the site will be, he said. They are eliminating risks along the river bank, and remediating some of the bad “hot spots” in the upland area. Beyond that, they don’t want to do too much or too little at this point, he said. When DTE figures out the final use of the property, they’ll submit another plan to the DEQ to fulfill requirements for that end use, and whatever project is proposed would also go through the city’s full site plan process.

Pratt said it sounds like recreational options are still on the table. Wiesemann’s reply was non-committal, saying that DTE was working with Laura Rubin, executive director of the Huron River Watershed Council, and Andy Buchsbaum, regional executive director of the National Wildlife Federation’s Great Lakes Natural Resources Center – both organizations are based in Ann Arbor. Everything’s on the table, Wiesemann said, and DTE wants to see this site fully enjoyed by the community.

Wendy Woods asked where the contaminated soils are transported. Wiesemann said the soil will be taken to a landfill with a Type II license. In the past, they’ve used the landfill in Northville, he said [the Arbor Hills landfill, operated by Veolia ES Arbor Hills Landfill Inc.]. But it might be taken to other appropriately licensed facilities in southeast Michigan, he said.

Woods clarified that this is a different process than a brownfield redevelopment project. That’s right, Wiesemann replied. MichCon/DTE is liable because the company purchased the site as part of a merger. DTE will be paying for it out of the company’s environmental reserve, he said, which is rate recoverable. [That means that DTE could ask the MPSC for an increase in rates to cover the costs.]

Kirk Westphal followed up on the public commentary, and asked about access to the river. Can a boat be launched from this site? No, Kahan replied. Wiesemann said people will be able to access the planned whitewater features from the opposite side of the river, from the pathway running next to Argo Cascades. Wiesemann said the pathways – and a boardwalk that will be built over wetlands in that area – are subject to DEQ approval, as part of the overall whitewater project.

Outcome: Commissioners unanimously approved the site plan for remediation of the MichCon property, assuming that the stated contingencies are addressed.

Wintermeyer Parking Expansion

The planning commission was asked to approve an expansion to the Wintermeyer office parking lot at 2144 and 2178 S. State St., south of Stimson and east of the University of Michigan golf course. A landscape modification on the 1.8-acre site also was requested.

A map showing the location of the Wintermeyer office buildings on the west side of South State Street.

Alexis DiLeo gave the staff report. Two two-story office buildings are currently located on the site, along with an 85-space parking lot. The parcel is zoned O (office). After the expansion, there will be a total of 101 parking spaces on the site. A maximum of 111 parking spaces are allowed for the existing office development.

City staff have notified the property owner, Tracy Wintermeyer, that eight slabs of sidewalk in front of the site are need replacement. He has agreed to do that, DiLeo noted.

Modifications to the landscaping requirements include: (1) allowing the existing landscaping islands in the parking lot to remain in their current locations; and (2) allowing existing runs of 21 and 28 continuous spaces to remain in place. Landscaping regulations limit the number of continuous parking spaces to 15.

Wintermeyer Parking Expansion: Public Hearing

One person – David Diephuis, whose home is located directly north of the site – spoke during the project’s public hearing. He and his wife aren’t enthusiastic about additional parking, he said, but they understand the need for it as well as the owner’s right to build it, based on the property’s zoning. They also support the proposed underground water detention.

They initially had three concerns, Diephuis said, but two of those concerns have been resolved after talking with the owner and city staff. The unresolved issue relates to the buffer between his home and the parking lot retaining wall. The site plan calls for shrubs to be planted between the lot and the wall. Diephuis proposed planting fewer shrubs there, in exchange for larger shrubs between the wall and his property, to soften the sterile look of the wall. He said he hoped the issue could be handled administratively.

Turning to the other two concerns, Diephuis pointed to questions about whether the rain garden/landscaping could handle the water during a heavy rainstorm. The drainage ditch between his property and the Wintermeyer offices is already stressed because of the heavy runoff from the UM golf course – erosion to that ditch is already substantial, he said, especially as it nears State Street. He said city staff have assured him that remediation would be possible if the rain garden doesn’t work as planned. “I’ll cling to the hope that the engineers that reviewed the data and analyzed the risk are better at their jobs than some of today’s Wall Street bankers,” he quipped.

Finally, Diephuis noted that the project will impact the root zone of some landmark trees on his property. City staff have informed him that state law allows this, even if it kills the tree. He suggested that the city consider creating some kind of tree escrow account, to mitigate damage that might occur not just on a developer’s land, but for adjacent neighbors too.

Wintermeyer Parking Expansion: Commission Discussion

Evan Pratt asked about the landmark trees – are those scheduled for removal? Alexis DiLeo indicated that while the trees won’t be removed, the project will create a disturbance in the critical root zones of the trees.

Wendy Woods asked about the landscaping issue that had been raised during the public hearing. Is it staff’s intention to work on this, or is there something that the planning commission should do? she asked. DiLeo replied that it seemed Diephuis was asking the commission to give conditional approval of the project, and that staff would work on changes to the landscaping plan.

The property’s owner, Tracy Wintermeyer, stepped forward and told commissioners that he has a good relationship with Diephuis and is happy to put plantings on the north side of the retaining wall. He said he’d be amenable to making the project contingent on that, if necessary. “I want to keep Dave as a good neighbor,” he said.

Planning manager Wendy Rampson suggested making a formal amendment “just to be safe.”

Outcome on amendment: Commissioners unanimously approved an amendment making the project contingent on administrative approval of changes to the landscaping plan.

There was little additional discussion. Pratt said that in general, when infiltration is proposed as a way to handle stormwater runoff, it would be helpful for staff reports to include the soil type for that area.

Outcome: In two separate votes, commissioners unanimously approved the landscaping modifications, as amended, and site plan for expanding the Wintermeyer office parking lot.

Phantom Fireworks Permit

Planning commissioners were asked to grant a temporary retail sales special exception use for Phantom Fireworks, a firm based in Youngstown, Ohio.

City planner Alexis DiLeo gave the staff report. The business is proposing to put up a 40×40-foot tent and an 8×40-foot storage pod in the parking lot of Colonial Lanes at 1950 South Industrial Highway. The tent would be set back 25 feet from South Industrial and take up 24 parking spaces on 2.96-acre site, leaving 203 parking spaces for the bowling alley and Cubs A.C. restaurant.

The northeast, two-way traffic entrance would be temporarily closed by placing four orange traffic cones and yellow tape in the parking lot. The remaining four entrances to the site would remain open. The sales tent would operate from 10 a.m. to 10 p.m. every day of the week, with sales hours extended to midnight depending upon sales demand leading up to July 4, according to the staff report.

The site is zoned C3 (fringe commercial district), which allows certain types of temporary outdoor sales. A special exception use is needed because the proposed sales are different from items sold at the property’s permanent business.

Phantom Fireworks Permit: Public Hearing

Rick Tapper introduced himself as the Michigan representative for Phantom Fireworks. He noted that although they’ve signed a lease for 30 days, they only plan to have the tent up for 10 days. On July 5, he said, the tent – which is fire resistant, he noted – comes down. They’ll be selling Class C fireworks, and using employees from Colonial Lanes who would have otherwise been laid off during this slow period for the bowling alley, Tapper said. The operation is insured, and he hoped that commissioners would approve the permit.

Phantom Fireworks Permit: Commission Discussion

Wendy Woods asked for a clarification regarding Class C fireworks – does the buyer have to be over age 18? Yes, Tapper replied, and the staff are trained to check everyone’s ID.

Rick Tapper of Phantom Fireworks.

Woods then noted that people tend to “get happy” on July 4th while using fireworks. She asked Tapper about how the staff would identify people who are intoxicated. Tapper assured her that training is provided to staff about how to recognize if someone is drunk or high.

Responding to additional queries from Woods, Tapper described how the tent and storage unit will be inspected by the city’s fire marshal, and how a lock on the storage unit will provide security when the business is closed.

Woods ventured that the hours of operation – until midnight – seem late. Tapper replied that about 70% of their business happens in three days, from July 2-4. That’s likely the only time they would sell past the normal closing of 10 p.m.

In response to a question from Tony Derezinski, DiLeo said that notices about the special exception use for Phantom Fireworks had been mailed out to neighbors in that area, but the planning staff had heard no questions or concerns about it.

Outcome: Commissioners unanimously approved the temporary retail sales special exception use for Phantom Fireworks. Special exception use is granted by the planning commission and does not require additional approval by the city council. 

Present: Eleanore Adenekan, Bonnie Bona, Tony Derezinski, Diane Giannola, Eric Mahler, Evan Pratt, Kirk Westphal, Wendy Woods.

Absent: Erica Briggs.

Next regular meeting: The planning commission next meets on Tuesday, June 5, 2012 at 7 p.m. in the second-floor council chambers at city hall, 301 E. Huron St., Ann Arbor. [Check Chronicle event listings to confirm date]

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The MichCon site plan approval is contingent on three things: (1) obtaining variances from the city’s zoning board of appeals (ZBA) to exempt MichCon from providing a new stormwater management system; (2) obtaining a Michigan Dept. of Environmental Quality (MDEQ) permit for work within the floodplain and Huron River; and (3) indicating water main and storm sewer easements on the site plan and providing the city with legal descriptions for those easements prior to the city issuing grading permits.

The remediation site plan entails removing 1,155 cubic yards of earth on the MichCon property, including the site’s most heavily contaminated soil. The company would get another 55 cubic yards of “floodplain mitigation credit” as a result of removing a building on the site. The remediation is intended to offset impact on the Huron River floodplain that’s expected when DTE brings in 800 cubic yards of soil to build raised transformer pads at the new Buckler substation.

According to a staff memo, a ZBA variance is needed to exempt the company from building new stormwater detention systems. Because contaminated soil will remain on the site after remediation, the company has indicated that installing new detention systems would be harmful to groundwater and the Huron River. Detention systems would not be required if impervious surfaces were removed on the site. However, removing impervious surfaces would allow contaminants in the soil to leach into the Huron River and groundwater. The proposal calls for leaving the existing impervious surfaces in place to provide a cap on contaminated soils.

The MichCon remediation requires only approval of the planning commission, and does not require action by city council.

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

Three parcels received discussion at the council's May 7 meeting, from south to north: 415 W. Washington, 721 N. Main, the MichCon property. (Image links to higher resolution file)

In connection with different agenda items, the council discussed the future of three major parcels within the city, two of which are city-owned: 415 W. Washington and 721 N. Main, and the MichCon site near Broadway bridges.

First the council heard an update on the possible future of the city-owned 415 W. Washington property, located across from the Ann Arbor YMCA, which opened in 2005. The Y replaced the old Ann Arbor Technology Center, which had been the home of the 555 Nonprofit Gallery and Studios, along with independent artists and musicians, who rented space at the center. It burned in the course of a 2003 demolition.

The 555 Nonprofit Gallery and Studios went on to re-locate in Detroit. The group has some experience re-purposing buildings as space for artists, recently hosting a fundraiser for an additional property it has acquired – the 3rd Police Precinct in southwest Detroit. Artists can rent literal jail cells there as work space.

On Feb. 1, 2010, the Ann Arbor city council had established a task force – consisting of greenway advocates and members of the arts community – to explore the future use of the 415 W. Washington property. The Ann Arbor Arts Alliance was the group identified to represent the arts community interests.

Now, the 555 group appears ready to take responsibility for the arts portion of planning for the site. That’s the portion that entails re-using the existing building on the site, which is located in the Old West Side historic district. Carl Goines, a representative of 555, addressed the council on Monday night. Goines had co-founded the group 10 years ago in the tech center.

Goines described how an investment of around $45,000 is needed for surveying and environmental analysis of the 415 W. Washington site. That investment would be required whether the building is preserved or demolished, he said. Mayor John Hieftje indicated in his comments at the meeting that he’d be willing to give the group perhaps a year to establish a viable way to re-purpose the building, but also indicated an eagerness eventually to apply to the Michigan Natural Resources Trust Fund for a grant to develop the entire parcel as a park. If the 555 group could not find a way to rehabilitate the structure within a reasonable time, Hieftje indicated a willingness to pursue the option of asking the city’s historic district commission for permission to demolish the structure.

The other city-owned parcel discussed by the council was 721 N. Main, former site of a city maintenance yard.  That came in connection with a council resolution to establish a task force to study the North Main corridor, and deliver a report in a year’s time, by July 31, 2013. Earlier than that, by the end of 2012, the task force is supposed to provide a recommendation on the use of 721 N. Main.

The city has an already-approved grant from the Federal Emergency Management Agency (FEMA) to pay for demolition of two buildings on the site – but not the main building. The 721 N. Main parcel will also likely be part of a Natural Resources Trust Fund grant application by the city in the spring of 2013.

The task force is also supposed to provide a recommendation on the future use of the MichCon property, between the Amtrak station and the Huron River. MichCon is currently undertaking an environmental cleanup of the land, and the standard to which MichCon remediates the parcel will depend on its intended future use. Hieftje has been clear about his preference – that the city acquire the land for a park. A possible source of funds the city could use for acquisition of such a park would be money generated by the open space and parkland preservation millage.

By administrative policy, a third of the revenue from that millage is overseen by the land acquisition committee of the city’s park advisory commission. The council confirmed a new appointment to that commission at Monday’s meeting – Ingrid Ault, who replaces the term-limited Gwen Nystuen. The other two-thirds of the millage revenues – for preservation of land outside the city as a greenbelt – is administered by the greenbelt advisory commission. And notice of two upcoming reappointments to that body was also on the agenda – for Catherine Riseng and Peter Allen.

Allen is a real estate developer, who might have alternatives in mind for MichCon’s property that include more than just a park.

415 W. Washington

On the council’s agenda under the “introductions” section was an item updating the status of the city-owned 415 W. Washington site. For the council, the most recent historical touchstone was their Feb. 1, 2010 resolution establishing a task force consisting of Allen Creek greenway advocates and representatives of the arts community to work together to explore uses of the site. Chronicle coverage of that council meeting: ”Council Restarts 415 W. Washington Process.”

But the history of the planning for the site dates back more than just two years.

415 W. Washington: More Context – Current Use

Currently, the part of the parcel not occupied by buildings is used for surface parking in Ann Arbor’s public parking system. The lot offers 161 spaces, and generated $160,274 for 49,818 hourly patrons for the first nine months of fiscal year 2012 – that is, through March 31.

Based on the first three quarters of FY 2012, the annual revenue from 415 W. Washington’s parking lot can be estimated at $214,000 annually. The Ann Arbor Downtown Development Authority operates the public parking system under contract with the city of Ann Arbor – a contract that stipulates 17% of gross parking revenues be paid directly to the city. So currently, the surface parking lot at 415 W. Washington could be estimated to provide about $36,000 annually to the city of Ann Arbor.

415 W. Washington: More Context – Future Use

A 2007 city of Ann Arbor greenway task force’s report included the following alternative recommendations for 415 W. Washington: (a) open space and a community art park; (b) a community building; and (c) new housing and additional open space. The (b) alternative mentioned the arts community specifically, but was not limited to that nonprofit sector. From the report:

Another rationale for maintaining the current structure has been provided by a variety of artists, artist organizations and other non-profit entities such as Kiwanis, many of which have expressed a desire to maintain the building for use by their respective organizations.

The city then issued an RFP (request for proposals) for the site. The RFP included a range of site objectives, but did not specify any one of the three recommended greenway task force alternatives for the site. The RFP site objectives, in excerpted form, are these:

1. Beneficial use of the site. … Preference will be given to proposals that incorporate a use (or uses) that provides a publicly available service to the community, for instance, building space that may be used for public meetings and civic or cultural events. Additional consideration will be given for the development of dwelling units affordable to downtown workers earning between 60% and 80% of Area Median Income (AMI), as defined by the U.S. Department of Housing and Urban Development (HUD).
2. Public greenway linkage. The floodway portion of the site should be reserved in some manner as open space for the Allen Creek Greenway. … The proposal should include provisions for long-term maintenance of the public elements by the applicant.
3. Flood risk mitigation. A successful proposal will employ the best management practices identified in the City of Ann Arbor Flood Mitigation Plan. …
4. Environmental benefits. The development proposal should incorporate to the greatest extent possible environmentally sensitive design and energy efficiency features that follow Leadership in Energy and Environmental Design (LEED) standards. Preference will be given to proposals that reuse or rehabilitate existing structures, consistent with historic district standards. …
5. Historic preservation. The project design must respect the historic character of the surrounding neighborhood and comply with the Old West Side historic district regulations. …
6. Financial return. The proposal must provide a positive financial return to the City. …

The three proposals received by the city, in severely abbreviated form, were as follows:

Old West Side Design Group: This proposal called for construction of a 3-story artist loft and live/work building totaling 24-36 units with above grade-level parking. The building, which would contain a minimum of 5-8 affordable units, would be located south of the main building on land currently occupied by garage structures. It would be designed for a LEED Silver rating or higher. A 24-unit residential condominium and commercial building is proposed on the adjacent 318 W. Liberty, to be developed under a separate site plan by members of the OWSDG proposal team.

Morningside: Construction of a new five-story, 52-unit condominium building with 48 parking spaces on the grade level under the building. Second floor residences are proposed for artist live/work space. Units would be priced in the mid-$200,000 range. The building, which would be designed for LEED Gold certification, would be located south of the main building on land currently occupied by garage structures.

Ann Arbor Art Center: Renovation of the 415 W. Washington building and garages into a community arts facility, to be owned by the Art Center. The Art Center would occupy approximately 13,000 square feet and rent or lease the remaining space to art groups and individuals.

Membership on the RFP review committee was as follows: Christine Brummer (Old West Side Association), Chris Easthope (now 15th District Court judge and then Ward 5 city council member), Sue McCormick (then director of public services with the city of Ann Arbor), John Mouat (then as now, an Ann Arbor Downtown Development Authority board member), and Scott Rosencrans (then a member of the city’s park advisory commission).

After meeting seven times from May to December 2008 to review and evaluate the proposals, the RFP committee offered praise for all three proposals but did not designate any one of the three a recommended choice. From the committee report:

Notwithstanding these positive elements, the Committee finds that no single proposal is able to satisfy all of the site objectives and requirements of the RFP on its own merits. This evaluation is described in the findings below, followed by recommendations for the next steps in the site redevelopment process.

The RFP committee then kicked the process back to council by asking councilmembers to refine the RFP and allow opportunity until mid-March 2009 for revision to the proposals. From the report:

City council should further clarify its vision for the intended uses of the site and revise the site objectives in the RFP accordingly. The Committee recommends that city council include the following elements in its vision for the site:

• A publicly-owned greenway along the existing floodway.
• Renovation of the 415 W. Washington office building for an arts and/or civic use.
• Removal of the garages behind the office building.
• Construction of a new multi-family or live-work residential building at the southwest corner of the site.
• Pedestrian and vehicle connections to both Liberty and Washington streets.

City council should provide each of the three proposers an opportunity to amend their proposal to respond to the revised site objectives and to provide for collaboration between the parties. The charge of the advisory committee should be extended to review the amended proposals and make its recommendation to city council by March 16, 2009.

The city council did not act in the fashion described by the RFP review committee.

Instead, the city council eventually moved ahead with its Feb. 1, 2010 resolution on the 415 W. Washington site. That resolution could be fairly described as taking the concept from the Ann Arbor Art Center’s RFP response and starting a community-based process to explore its realization.

The resolution language referred explicitly to an “innovative process of community collaboration to explore a greenway park and arts center.”

415 W. Washington: Update on  Process – 2011

The Greenway Arts Committee established to engage in the “innovative process” included: mayor John Hieftje, Carsten Hohnke (Ward 5), Margie Teall (Ward 4), Christine Schopieray (the mayor’s administrative assistant) on behalf of the city council; Joe O’Neal and Jonathan Bulkley for the Allen Creek Greenway Conservancy; and Tamara Real, Susan Froelich and David Esau for The Arts Alliance.

A year ago, at its April 4, 2011 meeting, the council received an update on the process. Esau of the Arts Alliance gave the presentation for the group. Highlights of the work included a report on focus groups conducted with artists. The committee also had made site visits to The Russell in Detroit, the Park Trades Center in Kalamazoo, and the Box Factory in St. Joseph.

At that time, the committee had secured a donation that had allowed a grant writer to be hired, to help submit applications for several grants, but none had yet been secured, Esau reported. He said the next step would be to raise $100,000 for additional studies on the old buildings located at the site, which are protected by the Old West Side historic district.

415 W. Washington: Update on  Process – 2012

At the council’s most recent meeting on May 7, 2012, Esau’s update was less sanguine about his own group’s involvement.

He characterized the group as having completed the work for the skills that are relevant to the Arts Alliance. The group had wanted to see a combination of different kind of spaces for artists and had generated preliminary layouts for the building. The result of that work suggested the building could house the activities that the Arts Alliance would like it to house, and that it could operate on a break-even basis. What was needed was a more sophisticated and detailed revenue/expense analysis, he said.

Funding for grant writing had been arranged, Esau said. However, most foundations offering grants are limited in their scope, he said. Foundations offering grants often are not interested in funding bricks-and-mortar capital projects, especially not early-stage projects like the 415 W. Washington project. The group wound up applying for just one grant, and it turned out that for that grant as well, the kind of capital project the Ann Arbor group had in mind was not a good fit, even though that was not evident from the grant criteria. The balance of the money that had been donated to the group for grant-writing activity has been returned to the donor at the request of the donor, Esau reported.

For the greenway portion of the project, Esau indicated that it would be included as part of the city’s grant application to Michigan’s Department of Natural Resources Trust Fund. [That same entity is funding part of the Ann Arbor skatepark and the renovations to the city's boat facilities at Gallup Park.]

Esau told the council that if the city is serious about redevelopment of the building, there is money that needs to be spent now. Some of that money would be needed anyway – even if the building is demolished. The Arts Alliance still believes a shared arts facility has potential and could be beneficial. However, as supportive as the Arts Alliance is of the concept, that organization can’t continue to do work on the project without compensation. All their work thus far has been pro bono. He noted that a different arts group has emerged that has more experience in adapting existing structures and is interested in participating.

With that, Esau handed over the presentation to Carl Goines, executive director of 555 Nonprofit Gallery and Studios. Goines sketched out the mission and history of the group, as it was founded in the Technology Center, where the Ann Arbor Y now stands, across the street from the 415 W. Washington site.

Vision of 415 W. Washington as complementary spaces with a greenway and space for contemporary artists. The bottom image is an aerial view of the existing site, looking north. (Image links to higher resolution file.)

Goines described three locations in Detroit that 555 currently operates, including the former 3rd police precinct building, with around 7,000 square feet, including jail cells. Goines said 555 was interested in working with greenway advocates to create complementary spaces – the greenway portion of the parcel and a building with space for artists.

The first steps that Goines said need to be taken are: hazardous materials assessment ($5,200); Phase 2/3 environmental assessments ($20,000); topographic and boundary survey ($6,200); structural condition survey ($3,000 to $5,000); and architectural/structural as-built survey ($8,000).

So the estimated total for survey work, he said, is $45,000 – but he had an understanding that the first three items were already in the city’s budget. It’s work that would need to be done, whether the building is demolished or rehabilitated, he said. [In subsequent remarks, community services area administrator Sumedh Bahl described the need to have environmental closure on the site, in order to be able to apply for a grant from Michigan's Natural Resources Trust Fund.]

After those first steps, Goines said, the next steps would be: developing a hazardous materials abatement plan; doing a structural feasibility analysis; doing a more detailed analysis of programming and design feasibility; performing a site and environmental feasibility analysis; doing a cost analysis; forming partnerships; and fundraising.

415 W. Washington: Council Deliberations

Mayor John Hieftje had introduced some of the history of the site before Esau and Goines addressed the council. When they concluded their remarks, Hieftje noted that 415 W. Washington is a city-owned site. The city needs to do something with it. He characterized it as a magnet for graffiti. Because it’s in the Old West Side historic district, the city can’t simply remove the building. The city would need to petition the city’s historic district commission, Hieftje said. He hoped that a proposal could be brought forward working with people who’ve done a similar project before – the 555 group.

However, Hieftje cautioned that if something couldn’t be brought forward in a year, the task force would have to come back and say they haven’t been able to bring something forward, and a decision would need to be made at that time. A year from now, Hieftje remarked, the building won’t be in better shape than it is now. He echoed the remarks of Esau and Goines in noting that the expenditures they’d identified would need to be made anyway before tearing down the building.

Sumedh Bahl, community services area administrator, explained that the annual deadline for Michigan Natural Resources Trust Fund grant applications is in April. Bahl reported that staff had looked at 415 W. Washington as the subject of a possible grant application, but had concluded there are a number of elements not yet in place – for example, “environmental closure” on the site.

At the city park advisory commission meeting on Jan. 2, 2102, Colin Smith – the city’s manager of parks and recreation – had responded to a question from commissioner Gwen Nystuen about the possibility of moving ahead with development of a greenway park at 415 W. Washington. He noted the issue with the historic district as well as the need to master plan a greenway as items that would need to be addressed before a trust fund grant application could be made. From The Chronicle’s meeting coverage:

Colin Smith, the city’s parks and recreation manager, noted that a council resolution was passed on Aug. 4, 2011 expressing general support for the idea of a greenway. There have been conversations, he said, about applying for a grant from the Michigan Dept. of Natural Resources Trust Fund, to turn the 415 W. Washington site into a park. The city staff is looking into that. The process would be similar to the way that the trust fund application for the skatepark had been handled, Smith explained. Staff would first come to PAC for a recommendation to apply. That recommendation would be forwarded to city council, which would need to approve the application.

Smith noted that one issue for the 415 W. Washington property is that it’s located in a historic district – the Old West Side. So in addition to PAC, the city would need a recommendation from the historic district commission too, he said.

Finally, Smith reminded commissioners that the parks, recreation and open space (PROS) plan, which PAC approved, recommends that the first action should be development of a master plan to guide the creation of a greenway. That point bears consideration, he said.

415 W. Washington: What about 721 N. Main?

At the council’s May 7 meeting, Bahl explained that because the city could not move quickly with a trust fund grant application for 415 W. Washington, staff were instead considering the city-owned 721 N. Main as a grant application. To apply to the trust fund, he explained, there would need to be environmental closure on the site, a budget and a plan. Even for 721 N. Main, he said, it’d be an aggressive time schedule, but he felt the city could manage it. All the planning work would need to be done by Jan. 1, 2013, he said, to have the application ready for the April 2013 deadline. It would need to be reviewed by the park advisory commission and the environmental commission. Also, community meetings would need to be held and a community consensus achieved.

The introduction of the topic of the 721 N. Main property led to some confusion among councilmembers: Was the city considering applying for Michigan Natural Resources Trust Fund grants for 721 N. Main or 415 W. Washington, or possibly both?

Back and forth between Jane Lumm (Ward 2), Hieftje, and Bahl established that the city would plan to try for an application on 721 N. Main in April 2013, and for 415 W. Washington the following year, in April 2014. Hieftje said that city staff say they won’t have the capacity to do both at the same time.

Hieftje also indicated there’s a problem with the environmental conditions at 415 W. Washington. The city thinks it can meet the environmental standard at 721 N. Main. Hieftje also indicated that there’s some concern on the part of the city’s lobbyist in Lansing that the Natural Resources Trust Fund might not be as flush in coming years as it has been. In addition, Hieftje said, the Greenway Conservancy needs to have a park established as a part of the Allen Creek greenway so they can point to it, which will facilitate fundraising for additional acquisitions.

Lumm agreed that both properties are key parcels. She ventured that many members of the city council would like to assist with the planning effort for the greenway, and noted that it involved asking city staff to invest the time to master plan the greenway. Bahl said that planning exercise would be a two-year effort.

In his remarks on the 415 W. Washington presentation, Tony Derezinski (Ward 2) noted the relationship between the two parcels, saying a lot things are coming together at the same time. The 721 N. Main property is within the area of the North Main corridor task force, he said, which was an item later on the council’s agenda.

Outcome: The council did not have a voting item on its agenda related to 415 W. Washington.

North Main/Huron River Task Force

The council considered a resolution establishing a task force to study the corridor along North Main Street and the Huron River.

The scope of the task force is described in one of the “Resolved” clauses:

RESOLVED, This task force’s efforts should develop a vision to create/complete/enhance pedestrian and bike connection from downtown to Bandemer and Huron River Drive, increase public access to the river-side amenities of existing parks in the North Main-Huron River corridor, ease traffic congestion at Main and Depot at certain times of a day and recommend use of MichCon property at Broadway; …

The task force is supposed to submit a report on its vision more than a year from now, on July 31, 2013. The membership of the task force is described as follows:

RESOLVED, That the task force will include one member of the park advisory commission, one member of planning commission, one resident representing Water Hill, one resident representing the North Central, one resident from Old Fourth Ward and one resident representing Broadway/Pontiac neighborhood, two business and property owners from the affected area, and one member of Huron River Watershed Council;

North Main/Huron River Task Force: 721 N. Main

In addition to the MichCon property, the resolution establishing the North Main/Huron River task force explicitly mentions another parcel – 721 N. Main.

RESOLVED, This task force’s efforts should result in a recommendation to council for the best use of 721 N. Main as part of the Allen Creek Greenway trails by Dec. 31, 2012;

So there are two deadlines for the task force – an outcome that was decided only after confusion and much conversation by the council during its May 7 deliberations. The earliest deadline is for a recommendation on the 721 N. Main property – by the end of 2012. The later deadline, for the overall report, is not until 2013, on July 31.

The 721 N. Main parcel is west of Main Street. The main building on the site is oriented north-south, visible just north of the blue-shaded area (the FEMA floodway) and inside the green area (the FEMA floodplain). The FEMA grant for demolition of buildings does not include the main building. (Links to higher resolution image.)

Council deliberations on the 721 N. Main portion of the task force resolution had already begun in the context of the presentation on 415 W. Washington. At that point in the council meeting, it was already established that the 721 N. Main property would be put ahead of 415 W. Washington for consideration of a Michigan Natural Resources Trust Fund application. It’s the trust fund’s April 2013 application deadline that pushed the council to give the task force a Dec. 31, 2012 deadline for a recommendation on 721 N. Main.

Some of the additional background on 721 N. Main, reviewed by community services area administrator Sumedh Bahl, included the fact that the city has received a grant from the Federal Emergency Management Agency (FEMA) to demolish two of the buildings – those in the floodway. The main building is in the floodplain, not the floodway, and is not included in the FEMA grant. Stephen Kunselman (Ward 3) asked if there was any intent to save the main building. Bahl said he didn’t know right now, but the FEMA grant is for the demolition of the other two buildings.

The receipt of the FEMA grant is contingent on getting the city’s All-Hazard Plan updated, Bahl explained. It had lapsed, and FEMA requires an updated plan before the grant award can be made. [The city recently hired a new emergency management director, Rick Norman, who was introduced to the council at its Feb. 21, 2012 meeting. Updating the plan will be one of Norman's priorities.]

As funding sources for development of 721 N. Main as a greenway park, Hieftje gave another possibility in addition to the FEMA grant and the possible Natural Resources Trust Fund grant. Hieftje reported that he also had had a fruitful conversation with Washtenaw County parks and recreation on possible funding from that group. [The Washtenaw County parks and recreation commission operates with its own dedicated millage funds.] No formal agreement exists, Hieftje allowed, but the group was happy to see an application for funds go forward.

By way of additional background, Bob Tetens – director of Washtenaw County parks and recreation – told The Chronicle in a recent phone interview that there was not anything yet in front of the parks and recreation commission related to 721 N. Main. He indicated that there’d been conversations with the city about the project, and that the idea of connecting the 721 N. Main property would be a good fit with the county parks and recreation Connecting Communities grant program – a $600,000 annual program over five years, for a total of $3 million. Tetens also said that a project already partly funded through another source (like the state’s Natural Resources Trust Fund) would enhance that project’s application for a Connecting Communities grant. However, there are more applications for various projects every year than Washtenaw County parks and recreation can fund through the program, Tetens said.

Excerpt from the city's 2007 Non-Motorized Transportation Plan. (Image links to higher resolution file.)

At the council’s May 7 meeting, Bahl said that Ann Arbor will work with Washtenaw County parks and recreation as the project moves along. Hieftje also described the possibility of a tunnel under the railroad track that could connect the 721 N. Main side of the railroad tracks to the Border-to-Border Trail. [The two borders to which the trail's name refers are the eastern and western edges of Washtenaw County.]

The city’s 2007 Non-Motorized Transportation Plan, which is currently being updated by the city, shows a non-motorized trail underpass for the railroad tracks that would essentially extend a shared-use path from Fifth Avenue at Depot Street under the tracks across the MichCon property, where it could eventually connect with the Border-to-Border trail. [.pdf of map from 2007 Non-Motorized Transportation Plan]

Hieftje commented that he’s hopeful about a railroad underpass, because the Michigan Dept. of Transportation would be soon be acquiring the tracks from Norfolk Southern Railway. Railroad are notorious for being difficult to work with, he said. Hieftje felt that MDOT should be easier to work with than Norfolk Southern.

Bahl responded to Hieftje’s speculation by saying that MDOT might be easier to work with than the Norfolk Southern, but said that working with MDOT is no piece of cake. Bahl’s sentiments were consistent with those expressed by city staff on a March 16, 2012 staff-led tour of the area around the MichCon site and the Broadway bridges. Responding to residents who ventured that MDOT would be easier to work with, city engineer Michael Nearing and city transportation program manager Eli Cooper were both keen to stress that MDOT would not be easy to work with on railroad issues.

North Main/Huron River Task Force: Council Deliberations

Sandi Smith (Ward 1) led off the deliberations on the task force resolution. She co-sponsored it with her wardmate, Sabra Briere. She highlighted the fact that it’s meant to be a collaborative effort to look at the North Main corridor along the Huron River. She noted that access to Bandemer Park was difficult – for pedestrians, bicyclists and cars. None of it is being done very well currently, she said. So people use the illegal cut-throughs across the railroad tracks.

The city has given up maintaining a fence there, because it was destroyed so many times, she said. But across the railroad tracks is the only way into Bandemer, unless you go up North Main and cross the tracks at the at-grade crossing. Almost everyone takes the illegal shortcut, she noted. The city is investing a lot of resources in that general area. The Argo Cascades bypass around the Argo Dam has doubled or tripled the number of visitors to the area. People are flocking to it, she said. A connection between 721 N. Main and Bandemer will serve the greenway very well, she said. Getting to the Huron River from that side of the railroad tracks needs to be addressed, she said.

In his remarks, made later in the deliberations, Mike Anglin (Ward 5) noted that Smith had served on the Allen Creek greenway task force that had produced the 2007 report. It had a lot of technical detail that’s very deep, he noted. The participation of the greenway conservancy would be an asset, he said.

Tony Derezinski (Ward 2) said the task force effort ties in with efforts that had been discussed two years ago. He noted that he and Smith had walked the area to see what the North Main entrance into the city looks like. He said he’d support the resolution as an idea whose time has come.

Briere noted the difference between the work of the task force and the work that city staff would do. She observed that members of the task force are individual citizens, not staff members. She continued by saying she is partial to the resolution language that says the task force will conduct a series of workshops and would work with independent professionals – to help everyone listen to ideas they might not think of inside the box they live in. She stressed that the task force membership includes people who have a real stake in the area. She also stressed that anyone who wanted to attend the task force meetings would be welcome to do so.

Marcia Higgins (Ward 4) indicated she supported the resolution. But she wanted to know how the work would be funded. Briere indicated the task force would have access to one staff member – Sumedh Bahl. Most of the work would be done by people who don’t get paid. So Higgins ventured that the independent professionals the task force was supposed to consult with would be volunteers – yes, said Briere.

A lengthy discussion then ensued about the work that the task force would do on 721 N. Main, compared with the staff work that would be done specifically in connection with preparing to meet the April 2013 application deadline for the Michigan Natural Resources Trust Fund.

Carsten Hohnke (Ward 5) and Sandi Smith (Ward 1) before the May 7 council meeting.

Bahl indicated that the initially proposed deadline for the task force recommendation on 721 N. Main (which had been March 31, 2013) would be much too late to make a difference for the April grant application. That deadline was revised to Dec. 31, 2012.

Christopher Taylor (Ward 3) expressed some concern that even that earlier deadline would not give city staff enough time to prepare the grant application. Bahl assured Taylor that the site plan that would be produced in connection with the grant application would be only at the conceptual level, indicating that the deadline would be achievable.

Hieftje stressed that the best thing from the point of view of pushing a greenway forward is to get the funding for 721 N. Main, so that the first of a series of greenway parks could be established. That would be the best approach to establishing 415 W. Washington as part of an Allen Creek greenway, he said.

Carsten Hohnke (Ward 5) thanked Briere and Smith for developing the resolution and bringing it forward. He counted it as significant progress since the greenway task force had submitted its report. He also noted that progress had been made on the First and William lot. Hohnke felt that progress was now being made on the other two city-owned parcels [identified by greenway advocates as three key parcels for an Allen Creek greenway.] Hohnke noted that part of the challenge of the First and William site is environmental remediation.

Outcome: The council unanimously approved establishing the task force to develop a vision for North Main/Huron River. Appointments to the task force could come as soon as the next council meeting on May 21.

Appointments to Open-Space-Related Bodies

In addition to eventual appointments to the North Main/Huron River task force, at its May 7 meeting the council considered appointments to two park-related bodies of the city: the park advisory commission, and the greenbelt advisory commission.

Appointments: Park Advisory Commission

The council considered the nomination of Ingrid Ault to the city’s park advisory commission (PAC). Ault – executive director of the nonprofit Think Local First – replaces Gwen Nystuen, who served two three-year terms on the commission starting in 2006. Service on the commission is limited to six continuous years at a time – but an additional appointment can be made after a three-year pause.

During the council’s opportunity to deliberate on the appointment, Jane Lumm (Ward 2) spoke at length in praise of Nystuen’s service to the city on PAC.

Outcome: The council unanimously approved Ault’s nomination to the city’s park advisory commission.

Appointments: Greenbelt Advisory Commission

A parliamentary snafu was associated with the nomination for re-appointment of two members of the city’s greenbelt advisory commission (GAC), which is charged with overseeing a portion of the proceeds from the open space and parkland preservation millage. By administrative policy, two-thirds of the millage proceeds are invested in land preservation outside the city – GAC makes recommendations to city council for those investments. The other third of the money is overseen by the land acquisition committee of PAC, which also acts in an advisory capacity to city council.

The re-appointment of Catherine Riseng and Peter Allen to GAC was on the agenda as a voting item, but was supposed to be a communication. The council agreed informally to postpone the vote until its following meeting, on May 21. Christopher Taylor (Ward 3) raised the corresponding point of order – the council should actually vote on the postponement as a matter of form, which the council then did.

Outcome: The council unanimously postponed the reappointment of Riseng and Allen to GAC.

MichCon Site

Also a part of the North Main/Huron River task force scope of work is the MichCon site, bounded roughly by the railroad tracks next to the Amtrak station on the west, the Huron River on the east, and Broadway bridges on the south.

MichCon, a subsidiary of DTE Energy, is currently engaged in the environmental cleanup of contamination that’s related to the site’s history as a coal gasification plant. The cleanup plan for the strip of land alongside the river was presented to the city council recently, as well as to the city’s park advisory commission. [For a more detailed look at that plan, see Chronicle coverage of the March 20, 2012 park advisory commission meeting.]

At an April 10, 2012 public hearing held at Cobblestone Farm, Shayne Wiesemann, a senior environmental engineer with DTE Energy, spoke to The Chronicle about the cleanup. He explained that the cleanup of the area next to the river was the subject of the hearing, not the cleanup for the entire site. While the standards for remediating the riverside strip had essentially been determined, that was not the case for the entire site.

The cleanup standard that DTE Energy would meet for the entire site would depend on its eventual planned use by a future owner, Wiesemann said. He indicated that the MichCon leadership is interested in selling the property – but does not have an immediate sense of urgency to dispose of the land. He indicated that something like a five-year time frame would be appropriate to think about.

"Broadway Mills" – a University of Michigan student project. This rendering is oriented with south at the top of the image. (Image links to large .pdf of class project.)

Mayor John Hieftje and others have spoken about their desire to see the land acquired by the city and become a park. One possible source of funds for acquisition of at least part of the parcel by the city would be the open space and parkland preservation millage. That purchase would need to be recommended by the park advisory commission’s land acquisition committee.

For Peter Allen, who serves on the greenbelt advisory commission in the slot designated for a real estate developer, the vision of the MichCon property is more than just a park. [Allen's service on GAC would not allow him to have say in the expenditure of open space and parkland preservation millage dollars on the MichCon property, which lies inside the city.]

In a recent phone interview with The Chronicle, Allen described how the “buildable” portion of the property is closer to the Broadway bridges, and that he could imagine the parcel as including parkland as well as developed property. He highlighted in particular the possibility of including a performing arts venue at the location.

NoMo – a University of Michigan student project. The view is from the east with the Broadway bridges in the foreground. (Image links to large .pdf of class project.)

Allen teaches a course in urban planning as an adjunct professor at the University of Michigan. Two and a half years ago, The Chronicle reported on a class assignment that Allen gave students to look at the potential development of various sites around Ann Arbor. Two groups of students took on the challenge of evaluating the MichCon property as developable land.

The two projects were called Broadway Mills and NoMo. Both proposals include construction of buildings on the eastern part of the parcel, leaving the western portion as open space.

NoMo proposed a mix of retail (ground floor), office (middle) and residential uses (top). Broadway Mills also included a mix of retail and residential uses, and specifically called for a small amphitheater and a seasonal ice rink. A space the project team dubbed “Depot Plaza” – located roughly where the current Amtrak station is located – would be “a family-oriented space, with a splash fountain, climbable sculptures, and a playground.”

Outcome: The council did not have a voting item on its agenda regarding the MichCon property.

Present: Jane Lumm, Mike Anglin, Margie Teall, Sabra Briere, Sandi Smith, Tony Derezinski, Stephen Kunselman, Marcia Higgins, John Hieftje, Christopher Taylor, Carsten Hohnke.

Absent: Margie Teall.

Next council meeting: Monday, May 21, 2012 at 7 p.m. in the council chambers at 301 E. Huron. [confirm date]

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MDEQ is also accepting written public comment on the remediation plan through April 30, 2012. A copy of the plan can be viewed online at ftp://ftp.deq.state.mi.us/deq-outgoing/ with the user ID deq-public-ftp and the password Jumbl355#.

A copy of the construction permit application can be viewed online by searching for the file #11810066, then clicking on the folder icon for details. Copies of the plan and permit application also can be viewed at the downtown Ann Arbor District Library, 343 S. Fifth Ave.

A representative from DTE Energy, which owns the MichCon property, gave an update on the project at a March 12, 2012 Ann Arbor city council working session and at a March 20, 2012 meeting of the city’s park advisory commission.

Creatures in West Park will not be able to participate in the November millage vote, even though they apparently can get their ducks in a row. A parks millage that's up for renewal helped pay for some of the recent renovations to the park, including the boardwalk, bandshell plaza and entry stairs. (Photos by the writer.)

The park maintenance and capital improvements millage, a six-year tax, brings in about $5 million annually and accounts for about 45% of the parks budget – including the entire funding for the natural areas preservation (NAP) program. Voters will likely be asked to renew it at 1.1 mills from 2013-2018, assuming the city council votes to put the millage on the Nov. 6 ballot at that rate. PAC chair Julie Grand – who has served on a working group to strategize about the renewal – said concerns about the economic climate are a major reason why an increase isn’t being recommended.

During the millage discussion, city councilmember Mike Anglin said he supports the millage but has concerns about Fuller Park, noting that talks regarding Fuller Road Station aren’t over. Parks manager Colin Smith pointed out that no millage funds have been or would be spent on Fuller Road Station. Grand cautioned against connecting the millage renewal to Fuller Road Station, saying it’s important to inform the public clearly about what the renewal means.

To provide that information, the city plans to hold four public forums in April, and a public hearing on the millage will be scheduled for PAC’s April 17 meeting. The city also plans to launch a website in early April with more information about the millage.

Also at the March 20 meeting, commissioners got a mid-year update about the open space and parkland preservation millage, which funds the greenbelt program and park acquisitions. Fuller Road Station was a backdrop to this discussion too, when commissioner Gwen Nystuen asked about protections that are afforded land acquired through this millage.

Land acquisition also came up in two other contexts during the meeting. The future of property owned by MichCon – located north of Broadway Street, between the Huron River and the railroad tracks – was part of the discussion during an update on environmental cleanup at the site. A DTE Energy representative indicated that senior management sees the potential for redevelopment there, but no plans are finalized. It’s expected that DTE Energy, which owns the property through its MichCon subsidiary, will eventually sell the site.

And speaking during public commentary, Ann Arbor resident Larry Baird advocated for the city to acquire land to fill gaps in the Border-to-Border Trail, which roughly follows the Huron River. Specifically, he characterized a connection between Bandemer Park and Barton Nature Area as the top priority, and urged the city to focus more on this project than on high-speed rail.

In the agenda’s one action item, commissioners recommended awarding a $79,980 contract to Michigan Recreational Construction Inc. to handle renovations at Placid Way Park. The resolution also recommends an additional 10% contingency of $7,998 for a total project cost of $87,978. The 1.32-acre neighborhood park is located on the city’s north side near the larger Dhu Varren Woods Nature Area and Foxfire South Park. The project would be funded from the park maintenance and capital improvements millage.

Park Maintenance & Capital Improvements Millage

Commissioners were briefed on plans to put a renewal of the city’s park maintenance and capital improvements millage on the November ballot. The presentation was given by parks and recreation manager Colin Smith and Matt Warba, the city’s supervisor of field operations, and mirrored a similar one given to city councilmembers at their March 12 working session. The 1.1 mill renewal would run for six years, from 2013-2018.

Warba began by describing the history of what were originally two millages: one for capital improvements dating back to 1983, and a second one for maintenance. They were each levied at around 0.5 mill apiece for a total of 0.914 mills, until changes were made in 2006.

By way of additional background, here’s a timeline of the more recent millage history:

• 2006-Oct-03: The Ann Arbor city council passed a resolution setting administrative policy on the planned use of parks maintenance and capital improvements millage monies. The policy stipulates a range of 60-80% for maintenance, with the remainder for capital improvements. It also stipulates that general fund support for parks will decrease only in concert with the rest of the general fund budget. In addition, an annual 3% increase in funding for natural area preservation (NAP) programs was stipulated.
• 2006-Nov-07: Ann Arbor voters approved a single, combined parks maintenance and capital improvements millage with 56% support. It replaced two separate millages, which were previously levied at around 0.5 mill apiece for a total of 0.914 mills. The single millage that replaced the two separate taxes – one for maintenance and one for capital improvements – was approved by voters at a rate of 1.1 mill for six years.
• 2010-May-17: The city council revised the 2006 administrative policy to eliminate NAP’s automatic 3% increase, and reset NAP funding to levels proportionate with other programs.
• 2011-May-16: The city council revised the 2006 administrative policy to allow non-millage funds to count as general fund support for the parks for purposes of the policy that requires general fund support.

The millage raises about $5 million annually, and is one of two primary sources for the $11.75 million parks system budget, with the other main source coming from the city’s general fund. The millage pays for capital projects and park planning, forestry, NAP and operational maintenance. The general fund covers core services, Smith said, including mowing, snow removal, utilities and daily operations of general fund recreational facilities.

A breakdown of the FY2012 Ann Arbor parks and recreation budget. (Links to larger image.)

From the general fund, about $3.59 million supports parks administration and general fund recreational facilities (as distinguished from so-called enterprise funds for facilities that are intended to become self-supporting, like the golf courses and farmers market). Another $2.3 million funds general park operations, and about $500,000 is transfered from the general fund to support golf operations.

From the millage, $2 million supports millage-related park operations, $1.6 million is earmarked for capital projects, $981,389 is allocated to forestry, and $698,569 goes to NAP.

Smith and Warba walked through an example of how the millage is being used to fund a specific project – improvements at Buhr Park and Cobblestone Farm. [A detailed report on that project was part of the commission's Feb. 28, 2012 meeting.]

The millage casts a wide net, Smith said, and is incredibly important to the care and well-being of the city’s parks.

Warba reported that city staff started meeting in January to evaluate how the existing millage is working and to strategize about how best to communicate its uses. In addition, a working group of park commissioners – including PAC chair Julie Grand and city councilmember Christopher Taylor, an ex-officio PAC member – met to talk about levels of funding and whether current funds are sufficient for the park system’s needs.

The staff consensus is that a straight renewal makes the most sense, Warba said. It provides consistency and a sufficient level of funding. Every recreational facility has received some kind of upgrade within the past five years, even if it’s been behind-the-scenes infrastructure, he said.

The existing millage generates an average of $5 million annually, Smith said, totaling about $25 million over the past five years. The current fund balance is about $4 million, with roughly $2 million of that earmarked for renovations to the ballfields that were recently approved. That leaves about $2 million to cover emergency repairs throughout the system’s 157 parks, which Smith said he felt was adequate. An example of a project that might be covered is the restoration of Plymouth Park, following last year’s collapse of the railroad embankment.

The millage renewal would be on the ballot for 1.1 mills, Smith said – a little more than what’s currently levied because of the Headlee rollback. The renewal would be for another six years. If voters were asked to approve a higher tax or for a longer period, it would be considered a new tax, he noted. The working group had felt it was important to be a renewal, given the current economy.

A mill is equal to $1 for each $1,000 of taxable value for a property. For a hypothetical house worth $200,000, with a state equalized value and a taxable value of $100,000, each mill of tax on that property would generate $100 in revenue.

Smith described the next steps as developing informational material for voters, and holding a series of four public forums in April. PAC will also schedule a public hearing on the millage at its April 17 meeting, and the commission would vote on a formal recommendation in May. That recommendation would then be sent to the city council for a vote, likely at an August meeting, to put the millage on the November ballot.

Park Maintenance & Operations Millage: Commission Discussion

Tim Berla referred the public commentary by Larry Baird, who had urged the city to move faster on completing the Border-to-Border Trail. [See below for a summary of Baird's commentary.] Several years ago, the commission had talked about how to make a pedestrian/bicycle crossing over the railroad tracks, Berla noted. Is that something that the millage could pay for? Berla wondered about the status of filling in gaps in the trail.

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

Smith noted that anytime PAC or the city council wants to highlight or expedite a particular project, they can direct staff to take action. Passing a resolution would be one way to do that, he said. PAC’s land acquisition committee has identified areas that are a priority to acquire, he noted, and they are working with Ginny Trocchio – who manages the city’s greenbelt and park acquisition programs – to move those efforts forward. Now is a good time to have more conversations about the land along the railroad, Smith said.

Berla said he completely understands why a millage renewal is more politically advantageous than an increase. But he noted that now is the time to think about whether more money is needed for parks. If the city decided it wanted to do more, what would the process be? he asked.

Smith replied that it’s a fine balance between acquiring land and maintaining it. The city currently has more than 50 miles of trail that are heavily used and that need renovation and care, for example. Julie Grand cautioned that the city needs to be aware of the political and economic climate. In May, the Ann Arbor Public Schools will be asking voters to approve a technology millage. There will likely be other “asks,” she said. Grand pointed out that if the parks millage isn’t renewed, the system couldn’t operate.

Tim Doyle asked if other millages will be on the November ballot. No other city millages are anticipated, Smith said. That’s good, Doyle said, because it avoids confusion and backlash. Smith noted that in 2006, this millage was on the ballot along with the city’s street repair millage. [The street repair millage of 2 mills was most recently renewed by voters in November 2011. A separate 0.125 mills for sidewalk repairs was also approved.]

Sam Offen wondered if there were other major parks projects in the next five years that hadn’t yet been discussed. Smith pointed to several possibilities. Upcoming renovations at Gallup Park canoe livery are being funded by a state grant, but the millage could be used to enhance that work, he said. Paths to the raptor enclosures are being upgraded at the Leslie Science & Nature Center, he noted, but broader improvements there – part of a master plan for the facility – also could be undertaken. The Veterans Ice Arena is in dire need of a new roof, which Smith said he realized is not exciting, but it’s necessary. Renovations to the ballfields are another longer-term project, he said. Work at the city’s three main ballfields is already approved, but the second-tier fields also need attention, he said.

Park Maintenance & Capital Improvements Millage: Fuller Road Station

Mike Anglin, one of two city councilmembers who also serve on PAC as non-voting commissioners, said he was concerned about Fuller Park. The discussion about Fuller Road Station isn’t over, he said, even though the city’s partner “disappeared.” [Anglin was referring to the University of Michigan, which in February 2012 pulled out of plans to build a large parking structure, bus depot and possible train station at the Fuller Road site, near UM's medical campus. See Chronicle coverage: "UM, Ann Arbor Halt Fuller Road Project"]

Ann Arbor city councilmember Mike Anglin (Ward 5) also serves as an ex-officio member of the city's park advisory commission.

The city has already put about $3 million into the project, Anglin contended, and the original plan called for parks to handle the site’s maintenance, he said. Now the project is being re-discussed, he said, adding that it has bearing on the parks system.

Grand warned that the millage renewal is separate from the Fuller Road Station issue. The issues aren’t connected, she said, and it’s important to educate the public about what the renewal means.

Anglin replied that he support parks and he’s 100% behind the millage renewal. Voters will definitely pass the millage renewal, he predicted. Anglin said all he wanted to do was to alert people to the fact that the Fuller Road Station discussion is ongoing.

Smith said it’s important to note that no parks millage funds have been spent on Fuller Road Station. In response to a query from Berla, Smith said that no millage funds would be used to build a train station. The city’s charter describes how the millage proceeds can be spent, he said, and ”suffice it to say that a train station would not fall under that.”

The relevant section of the city charter reads as follows:

Funds for Park Maintenance and Capital Improvements

SECTION 8. 19 In addition to any other amount which the City is authorized to raise by general tax upon the real and personal property by this Charter or any other provision of law, the City shall, in 2007 through 2012, annually levy a tax of 1.10 mills on all taxable real and personal property situated within the City for the purpose financing park maintenance activities in the following categories: forestry and horticulture, natural area preservation, park operations, park equipment repairs, park security, and recreation facilities; and for the purpose of financing park capital improvement projects for active parks, forestry and horticulture, historic preservation, neighborhood parks and urban plazas, pathways, trails, boardwalks, greenways, the Huron River watershed, recreation facilities and park equipment acquisitions. (Section 8.19 added by election of April 4, 1983; amended by elections of April 3, 1989, November 8, 1994, November 7, 2000 and November 7, 2006).

Doyle wondered if the parks staff would have any responsibility for maintenance of a train station, if it were located on park property. Smith replied that the millage can be used to maintain park property, ”and that does not include a train station, plain and simple.” If the parks staff were used to do maintenance at a train station, those hours would not be billed to the parks budget, he said.

Park Maintenance & Capital Improvements Millage: Next Steps

The city staff plans to hold four public forums in April to discuss the millage:

• Monday, April 9, from 6:30-7:30 p.m. at the Ann Arbor Senior Center, 1320 Baldwin Ave.
• Wednesday, April 11, from 6:30-7:30 p.m. at Cobblestone Farm Center, 2781 Packard Road.
• Monday, April 23, from 6:30-7:30 p.m. at Leslie Science & Nature Center’s Nature House, 1831 Traver Road.
• Thursday, April 26, from 6:30-7:30 p.m. at the Ann Arbor District Library Traverwood Branch, 3333 Traverwood Drive.

Sam Offen pointed out that none of the forums are scheduled at locations on the west side of town. Smith said it was difficult finding suitable spots. Offen suggested that Slauson Middle School might be a possible location.

David Barrett observed that the public needs to realize that some great things have happened and that more is in the works. There’s a tangible relationship between the millage and these parks, he said, joking that a snappy phrase is needed to describe it.

Smith laughed, but added that the staff’s role is to provide information, not to advocate. If there’s a citizens group that wants to promote the millage renewal, he said he could give them information, but advocating is outside of the staff’s purview.

The city plans to launch a website in early April with more information about the millage.

MichCon Remediation Update

Representatives from DTE were on hand to update commissioners on the remediation of the MichCon property that’s located north of Broadway Street, between the Huron River and the railroad tracks that run past the Amtrak station. MichCon is a subsidiary of DTE Energy – DTE also owns property on the opposite side of the river, south of Broadway, where it plans to build a new electricity substation.

Shayne Wiesemann, a senior environmental engineer with DTE Energy, gave the presentation. He had given a similar report to city council at a March 12, 2012 working session. An extensive report on that presentation is included in The Chronicle’s coverage of a recent master plan committee meeting: “Planning Group Revisits Huron River Report.”

MichCon Remediation Update: Commission Discussion

Sam Offen asked what the company’s intent is for the property after the cleanup. Wiesemann replied that there’s a tremendous opportunity for redevelopment at the site, and that the company has recently started meeting with stakeholders in the community. However, no plans have been finalized, he said. The company’s senior leaders have a vision that the property can be used as an economic catalyst for the community, Wisesmann added, and that it can be a place for people to come and enjoy the river. In the short term, DTE will retain ownership, he said.

Gwen Nystuen said her understanding was that the Border-to-Border Trail route had been intended to include both sides of the river, including the MichCon side. Colin Smith, the city’s parks and recreation manager, said the original desire was to use the MichCon side for the trail. But now that the Argo Cascades project is nearly complete, the trail on that side serves the purpose.

In the foreground is Paul Ganz, manager of regional relations for DTE Energy. Seated next to him is Larry Baird, an Ann Arbor resident who spoke during public commentary about the Border-to-Border Trail.

Tim Berla asked what uses would be safe after the MichCon’s property is remediated. Will there be any ongoing safety issues?

Wiesemann said the company realizes that the section of land by the river will be widely used for recreation, and their plans are to clean it to a residential unrestricted standard. As for the area that’s on higher ground closer to Broadway, there will probably be more work to do there, Wiesemann said, and the company will do whatever remediation is required after a final use for that land is determined. They don’t want to do too much or too little, he said, so they’ll wait until plans for its use are finalized.

Berla asked about tests that had been conducted on the property. Wiesemann said the results of testing are posted on the MDEQ website. [The Michigan Dept. of Environmental Quality keeps a list of contaminated sites in the state, including those in Ann Arbor, with a list of the contaminants at those sites. The contaminants at the MichCon Broadway site include heavy metals (lead, nickel, zinc, etc.) and phthalates.]

Berla also wondered about some blue tarps he’d seen on the site. Is there a homeless encampment on the property? Yes, Wiesemann said, there have been some issues with the homeless for a while. The company has worked with the Ann Arbor police department, he said, but “unfortunately, they keep coming back.” Breaches in the fence are being repaired and the encampment will be removed before remediation work begins, he said.

Responding to another query from Berla, Wiesemann reported that the permit to build the whitewater feature in the stretch of the Huron River adjacent to the MichCon site will likely be submitted to the state in early April. He anticipates it will be built in September, after the MichCon remediation work is done. The intent is to use the same designer and contractor who worked on the Argo Cascades project.

Julie Grand asked about the environmental impact of the foam that will be used for odor suppression. Wiesemann assured her that the foam is completely biodegradable and non-toxic, and that there will be no impact on wildlife. He said it basically creates a barrier over the soil so that odors can’t be emitted.

David Barrett asked what landfill would be used to dump the contaminated soil. Wiesemann said it would be taken to a licensed facility in Northville [the Arbor Hills landfill, operated by Veolia ES Arbor Hills Landfill Inc.].

Smith concluded the presentation by saying that he appreciated the time that DTE had taken to work with city staff, and that it was great to see this remediation project come to fruition.

Open Space & Parkland Preservation Millage Update

Ginny Trocchio, a staff member of  The Conservation Fund who manages Ann Arbor’s greenbelt and parkland acquisition programs under contract with the city, presented a mid-year financial report to PAC for the period of July 1, 2011 through Jan. 31, 2012 – the first seven months of the current fiscal year. [.pdf file of financial report]

Ginny Trocchio, who manages the greenbelt and park land acquisition programs, and Jeff Straw, deputy parks & recreation manager.

Ann Arbor voters passed a 30-year 0.5 mill tax in 2003 for land acquisition. It’s called the open space and parkland preservation millage, and appears on the summer tax bill as the line item CITY PARK ACQ. Though not stipulated in the legal terms of the millage, the city’s policy has been to allocate one-third of the millage for parks land acquisition and two-thirds for the city’s greenbelt program. The parks portion of the millage is overseen by PAC, while the greenbelt advisory commission handles the portion for land preservation outside of the city limits.

To get money upfront for land acquisition, the city took out a $20 million bond in fiscal year 2006. That bond is being being paid back with revenue from the millage. Debt service on that bond so far in FY 2012 year has amounted to $837,088. [Two debt service payments are made during the fiscal year, totaling about $1.2 million.]

Net revenues from the millage were $2.244 million as of Jan. 31, Trocchio reported, with expenses of $1.768 million. In addition to debt service, the expenses include $813,000 in greenbelt projects and about $82,000 for parkland acquisition.

About $10.5 million remains in the fund balance, but some of that will be spent on deals that have already been approved but haven’t yet closed, Trocchio said. Of that fund balance, $4.5 million is designated for parks, while about $6 million is set aside for the greenbelt program.

In addition, there’s $445,000 in an endowment set up to cover legal costs related to enforcing the conservation easements held by the city.

Trocchio also reported that administrative costs of $35,594 so far in fiscal 2012 equate to 2% of total revenues. Administrative costs over the life of the millage are limited by ordinance to be no greater than 6% of revenues.

Open Space & Parkland Preservation Millage Update: Commission Discussion

Gwen Nystuen asked Trocchio whether the parkland acquired by the city with millage funds included permanent deed restrictions designating it for park use. Trocchio replied that for land acquired in the city, the city holds the title for the property.

Nystuen pointed out that city-owned property – including parkland – is zoned as “public land.” So unless there are deed restrictions, the city council could decide to change the use of the land to something else besides a park. [This has been an issue cited with the proposed Fuller Road Station, which would be located in Fuller Park.] Nystuen wondered whether buying property with the millage provided any additional protection.

Colin Smith, the city’s parks and recreation manager, said the properties acquired by the millage are listed in the city’s Park and Recreation Open Space (PROS) plan. The fact that the properties are purchased with millage proceeds provides an extra layer of protection beyond that, he said. If sold, that decision would need to be reviewed by PAC, the planning commission and city council, as well as requiring approval from voters, he said. Nystuen said that’s true if the land is sold, but the same process isn’t followed if the use of the land changes, she noted. It does seem like there’s merit to purchasing property through the millage, she observed, to help ensure that it remains parkland.

Sam Offen questioned a $7,928 payment made to Norfolk Southern Railroad out of millage funds. Trocchio explained that it’s a long-term lease payment for a section of land in Bandemer Park. Offen wondered whether the railroad still owned the property, or whether it had been sold to the Michigan Dept. of Transportation. Smith replied that the staff would look into the status of that sale. [Negotiations are ongoing for the state to buy about 135 miles of track from Norfolk Southern, including the section running through Ann Arbor.]

Nystuen wondered how the lease was paid for prior to the millage. Smith wasn’t sure, but noted that the millage had paid for it since fiscal 2007. In response to another question from Nystuen, Trocchio said that the millage ordinance allows for the purchase of land or land rights, and a lease falls under that latter category. Smith characterized it as a essential parcel for the Border-to-Border Trail.

Placid Way Park Renovations

On the March 20 agenda was a resolution recommending that the city council award a $79,980 contract to Michigan Recreational Construction Inc. to handle renovations at Placid Way Park. The resolution also recommends an additional 10% contingency of $7,998 for a total project cost of $87,978.

The 1.32-acre neighborhood park is located on the city’s north side near the larger Dhu Varren Woods Nature Area and Foxfire South Park. An entrance to the park with a small parking lot is located off of Placid Way, across from Tuebingen Parkway. [.pdf map of Placid Way Park.]

According to a staff memo, Michigan Recreational Construction, a Howell-based company, submitted the lowest of six bids. The work includes replacing the existing play structure and picnic table, and adding benches and landscaping. Funding is available from proceeds of the FY 2012 park maintenance and capital improvements millage.

Parks and recreation manager Colin Smith told commissioners it was a fairly straighforward project.

Placid Way Park Renovations: Commission Discussion

There was minimal discussion on this item. David Barrett asked whether the city had worked with this company in the past. Colin Smith wasn’t sure, but assumed that parks planner Amy Kuras had experience with the company. Julie Grand asked Smith to clarify the park’s location. Smith described it as northeast of Leslie Park Golf Course, and southeast of Olson Park.

Outcome: Commissioners unanimously recommended awarding the Placid Way Park contract to Michigan Recreational Construction. The recommendation will be forwarded to the city council for consideration.

Communications & Commentary

Every meeting includes opportunities for public commentary and communications from commissioners and staff. One person spoke during time allocated for public commentary at the March 20 meeting.

Comm/Comm: Public Commentary – Border-to-Border Trail

Larry Baird spoke during two opportunities for public commentary, focusing his remarks on the Border-to-Border Trail. [The trail is a countywide shared-use path that roughly follows the Huron River.] He said he’s enjoyed the park system for over 20 years, but he’s concerned about the priority given to a high-speed rail initiative and the lack of discussion related to the trail system through the city.

He brought a copy of “Riverwalks Ann Arbor” by Brenda Bentley, saying it’s one of his favorite books, and he urged commissioners to get a copy or borrow his. After he read it, he attempted to walk the entire trail within the city, and came to appreciate the complexity of the trail and the challenges to complete the “missing links.” Those gaps in the trail system have been on the drawing board far too long, he said.

Book cover of "Riverwalks" by Brenda Bentley.

Now that the Michigan Dept. of Transportation is negotiating to buy the stretch of railroad that runs through Ann Arbor, Baird encouraged commissioners to take a pro-active approach, perhaps by forming a task force to ensure that MDOT doesn’t slow down the process of completing a river trail even more.

Baird read an excerpt from the city’s Park and Recreation Open Space (PROS) plan: “Since the 1962 Plan, there has been a concerted effort to complete the pattern of recreational open space along the Huron River from Barton Pond to Geddes Pond … Although Ann Arbor lacks a completed system of connected natural areas, City residents take pride in the preservation of substantial open space along the Huron River…”

For at least 50 years this project has been discussed, Baird noted. He challenged commissioners to find the will and determination to complete it.

Baird picked up the topic again at the end of the meeting, handing out a map from the PROS plan that showed proposed trail connections. [.pdf of PROS trail maps for the Huron River greenway] Two of five proposed connections – at Depot Street (next to the MichCon site) and Maiden Lane – are close to other alternatives, so he hoped that priority would be given to the three other connectors. Of those other three connectors, two are connections to Nichols Arboretum and while nice, they wouldn’t extend the trail, he said.

There’s really only one connection that Baird said he would deem the “holy grail” – connecting the northwest corner of Bandemer Park to Barton Nature Area. That would add almost two miles of trails and open up connections to nearly 300 acres of forests and natural areas, he said.

The current plan calls for a “grade separated” crossing at the railroad tracks near Bandemer Park, but Baird said city officials seem uncertain about how MDOT’s track upgrades for high-speed rail would affect potential crossings. Baird reported that Eli Cooper, the city’s transportation program manager, had told him that similar upgrades elsewhere have resulted in the closing of many crossings for safety reasons.

Baird concluded by proposing an action plan for completing the Border-to-Border Trail connections:

1. Create a task force to study the impact of high-speed rail on the parks system, and to create an action plan for negotiating with MDOT to get a portion of grant funds for high-speed rail to be used for trail easements.
2. Prioritize the trail’s missing links, with the Bandemer-to-Barton link at the top of the list.
3. Set a deadline for completing the missing links.
4. Ensure that an adequate portion of the greenbelt millage is spent within the city, preferably for trail easements.
5. Advise the city to focus on the broader impacts of high-speed rail on the parks system, rather than just focus on Fuller Road Station.
6. Consider allocating a portion of the existing greenbelt millage, or a separate millage, to fund completion of the trail.

Baird said he hoped commissioners would give consideration to his suggestions.

Comm/Comm: Public Commentary – West Park

During the opportunity for communications from commissioners, Tim Berla asked about the situation at West Park. He noted that there were still construction fences up around the section where swirl concentrators had failed, gravel along one of the walkways, and poles in the pond. He said it would be great to have a bench along the boardwalk that overlooked the pond.

Lids for underground swirl concentrators at West Park.

Colin Smith replied that he’d recently been to West Park too, and wondered about the poles, which had been used to help keep birds away from aquatic plants as they take root – though he noted that a few ducks “have been less than deterred.” Smith said the city council will soon be asked to vote on change orders to fund the final repairs at West Park, so the project is wrapping up. The dispute between the city and its contractors over who’ll pay for work related to the failed swirl concentrators is close to being resolved, he said.

[Swirl concentrators had been installed for stormwater management as part of a major renovation of West Park in 2010. Most recently, PAC received a detailed update on the project at its Jan. 24, 2012 meeting from Nick Hutchinson, a civil engineer and one of the project managers in the city’s public services unit. Hutchinson had told the commission that in May and June of 2012, the manufacturer of the swirl concentrators will make repairs on the units. Following that, the city will hire a contractor to complete additional work that was recommended by Orchard Hiltz & McCliment (OHM), which the city had engaged in 2010 to look into the problems at West Park. City staff hope to have that work completed by July of 2012.]

Comm/Comm: Public Commentary – Manager’s Report

Colin Smith began his report by noting that the city’s two golf courses had opened early because of warm weather – last year the courses hadn’t opened until April. On the flip side, the Buhr Park Ice Arena was closed earlier than expected for the same reason. As schedules allowed, hockey leagues that played at Buhr were relocated to Veterans Park Ice Arena.

Argo Cascades – the name for the new Huron River bypass near Argo Pond – is closed so that a new pedestrian bridge can be installed. That work is underway. Final modifications to the bypass will be done in mid-April, Smith said, including installation of a rubber guide in one of the dropped pools where the water flow is more “energetic” than the staff would like.

Earlier in the meeting, Tim Berla had suggested the possibility of installing benches along the Cascades. Julie Grand noted that she had visited the Cascades as part of a task force on public art. The feeling had been to leave the area as natural as possible, and to see how people use the large rocks along the bypass before installing manmade structures.

Turning to a different project, Smith reported that construction will begin soon in the Buhr Park and Cobblestone Farm renovations that PAC had recommended for approval at their Feb. 28 meeting. The major ballfield renovations approved earlier this year will begin in August. It will be a very busy season, Smith said.

Present: David Barrett, Tim Berla, Tim Doyle, Julie Grand, Karen Levin, Gwen Nystuen, Sam Offen, councilmember Mike Anglin (ex-officio). Also Colin Smith, city parks manager.

Absent: Doug Chapman, John Lawter, Christopher Taylor.

Next meeting: PAC’s meeting on Tuesday, April 17, 2012 begins at 4 p.m. in the city hall second-floor council chambers, 301 E. Huron St., Ann Arbor. [confirm date]

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Members of the Ann Arbor planning commission, from left: Eleanore Adenekan, Kirk Westphal and Diane Giannola. At the right is Wendy Rampson, head of the city's planning staff. Commissioners were attending the March 8, 2012 meeting of the master plan revisions committee. (Photos by the writer.)

The Huron River and Impoundment Management Plan, known as HRIMP, was completed in 2009. But in large part because of controversy related to Argo Dam – centered on whether or not the dam should be removed – none of the 30 other recommendations were implemented.

Only one of the HRIMP recommendations relates to land use, and is therefore in the purview of the planning commission. That recommendation calls for limited commercial development – such as a restaurant or other publicly-used entity – in the Broadway bridge/Argo area.

Much of the discussion at the March 8 committee meeting centered on the property now owned by MichCon, a subsidiary of DTE Energy, located north of Broadway Street, between the Huron River and the railroad tracks that run past the Amtrak station. A state-supervised cleanup effort is underway at that site, but its future use – including the possibility that it could be acquired by the city and turned into a park – is unclear.

Remediation of the MichCon site was also a topic at the March 12, 2012 Ann Arbor city council work session, where the property’s potential future use was discussed. That presentation also included an update on a whitewater river feature that DTE Energy is paying for. The whitewater section to be built in the Huron River was originally part of the same project as the city’s Argo Dam bypass reconstruction. The bypass, which has been recently named the Argo Cascades, is nearly complete.

This article includes a summary of the council working session related to the MichCon cleanup, as well as a report on the master plan revisions committee meeting. Based on discussions at that committee meeting, it seems likely that a proposal will be forwarded to the full planning commission to add the HRIMP recommendation to the city’s master plan. Any changes to the master plan would also require city council approval.

Background: HRIMP Report

The Huron River and Impoundment Management Plan (HRIMP) committee was established by the city’s environmental commission in March of 2006 to develop a plan for protecting and maintaining the portion of the Huron River that flows through the city of Ann Arbor. Beginning in early 2009, a series of public forums were held as the committee entered the final stages of its work. [See Chronicle coverage: "Not So Gently Down the Stream"]

The Huron River and Impoundment Management Plan produced by the committee contains 30 recommendations labeled “consensus recommendations,” with two others on which there was no consensus. [link to .pdf of full HRIMP report] The two non-consensus resolutions contradicted each other, with one calling for the removal of Argo Dam and the other calling for its preservation. Much of the public engagement focused exclusively on the dam-in/dam-out question.

Part of the context for that question was a problem with toe drains, identified by the Michigan Dept. of Environmental Quality, in the earthen embankment adjacent to the concrete and steel dam, which separates the headrace from the river. In May of 2009 the city’s environmental commission voted in support of dam removal, while the city’s park advisory commission voted for its preservation. [Chronicle coverage: "City Council To Weigh Mixed Advice on Dam"]

The dispute with the state related to Argo Dam was ultimately resolved when the city council approved a $1,168,170 project at its Nov. 15, 2010 meeting to build a bypass that replaced the headrace and eliminated the portage previously required by canoeists and kayakers. Final work is being done on that bypass – including installation of a new pedestrian bridge – and it’s expected to be open later this spring.

There was no action on the “consensus” recommendations, however. A resolution to accept the HRIMP committee’s plan was first considered at the council’s Nov. 16, 2009 meeting, but postponed until Dec. 7. At the council’s Sunday caucus prior to that Dec. 7 meeting, the focus of discussion was on the difference between “approving” the plan and “accepting” it, with the option of “receiving” it also thrown into the mix. [Chronicle coverage: "Huron River Plan, Percent for Art Program also Discussed"]

After considerable deliberation and public commentary at the council’s Dec. 7, 2009 meeting, the council voted to remand the 30 consensus recommendations to the park advisory commission and the environmental commission, asking those groups to develop options for implementation. No further action has been taken.

Master Plan Revisions Committee & HRIMP

The planning commission’s master plan revisions (MPR) committee is charged with reviewing possible changes to the city’s master plan, which are in turn considered by the full commission and eventually require approval by city council. The current MPR committee members are Eleanore Adenekan, Erica Briggs, Diane Giannola, Evan Pratt and Wendy Woods.

Planning commissioner Kirk Westphal had expressed a desire to revisit the recommendations of the Huron River and Impoundment Management Plan (HRIMP) that related to planning issues, so planning staff scheduled that topic for the March 8 MPR meeting. In addition to Westphal, three other commissioners attended: Adenekan, Giannola and Pratt.

Wendy Rampson, head of the city’s planning staff, began the meeting by very briefly reviewing the development of the HRIMP, noting that the city council didn’t adopt or even accept it. “Basically, they said thank you for your work,” she said. Most of the discussion in the community and by the council centered on the most controversial aspect, she said – whether to remove the Argo Dam. [The council never voted on that issue either. But by not taking action, councilmembers made the de facto decision to leave the dam in place for at least the foreseeable future.]

Aside from the dam, the other HRIMP recommendations are equally if not more important, Rampson said.

Westphal, who serves as the planning commission liaison to the environmental commission, said it seemed to be a natural fit with planning to have a discussion about the HRIMP’s land use recommendation. He noted that it’s a dynamic situation, given MichCon’s cleanup efforts along the river, but it’s an opportunity to open up discussion on those HRIMP recommendations that didn’t get much traction. The HRIMP committee spent a lot of time and thought on the project, he said, “and it seemed like something we should pick up.” Personally, he said, he’d love to see more people at the river.

MichCon Property Remediation

Much of the MPR committee discussion focused on the MichCon property that’s located north of Broadway Street, between the Huron River and the railroad tracks that run past the Amtrak station. MichCon is a subsidiary of DTE Energy – DTE also owns property on the opposite side of the river, south of Broadway, where it plans to build a new electricity substation. [An item related to the substation was discussed at the Feb. 28, 2012 meeting of the city's park advisory commission. A site plan for the project will be on the planning commission's April 3 agenda.]

Diane Giannola asked about the status of a cleanup project at the MichCon site. Planning staff said they didn’t know details.

However, at a March 12, 2012 working session, the Ann Arbor city council was briefed about the future of the former coal gasification site. The cleanup and remediation operation is being handled by MichCon, and overseen by the state of Michigan’s Dept. of Environmental Quality (MDEQ).

Craig Hupy, the city’s interim public services area administrator, introduced the presentation, telling councilmembers that its purpose was to give them a heads up before the mandatory public meetings start happening. MichCon would also be returning to the city council to get access to the sanitary sewers during the cleanup. MichCon will also need to coordinate with the city’s park operations staff, Hupy said.

The timeline for the project would see construction wrapping up in October of 2012:

• November 2011: pre-design studies report – submitted to MDEQ
• February 2012: response activities plan – submitted to MDEQ
• February 2012: construction permit application – submitted to MDEQ
• March 12, 2012: Ann Arbor city council work session – presentation
• March 20, 2012: parks advisory commission – presentation
• March 2012–July 2012: pre-construction activities and engineering
• April 11, 2012: MDEQ public meeting/public hearing
• June 2012: receive MDEQ plan approval and permit
• July 2012: contractor bid and selection
• August–October 2012: (2.5 months) construction

Presenting on behalf of MichCon was Shayne Wiesemann, a senior environmental engineer with DTE Energy.

MichCon Property Remediation: Background

Wiesemann told the council that MichCon had been working diligently with Michigan’s Dept. of Environmental Quality, as well as the Huron River Watershed Council and Ann Arbor city staff.

Aerial view of MichCon property. (Image links to dynamic Google map.)

Wiesemann thanked the city staff for their help over the last few years – they’d had weekly meetings or phone calls. He named city staffers Colin Smith (manager of parks and recreation), Sumedh Bahl (community services area administrator), Matt Naud (environmental coordinator), Craig Hupy (head of systems planning and interim public services area administrator) and Cresson Slotten (manager in systems planning).

Wiesemann ticked through a quick overview of the history of the site. It was developed as a coal gasification plant in 1900 by the Ann Arbor Gas Company, and the gas produced there was used by Ann Arbor residents for the next 50 years – for cooking, heating and lighting. As natural gas began to be supplied to the city in 1939 (which is a relatively cleaner fuel), use of manufactured gas diminished. By the late 1950s the gas manufacturing facility was decommissioned.

By then MichCon had become the owner of the facility, and in the early 1960s the MichCon service center was constructed. The property was used to dispatch crews to customers for another 50 years. MichCon merged with DTE Energy in 2001, becoming a subsidiary of the energy utility. In 2009, MichCon’s Broadway service center was deconstructed.

MichCon Property Remediation: Site Investigation

Wiesemann explained that residuals from the gas manufacturing process remained at the site. When the service center was demolished, MichCon investigated the site, he said. That site investigation is now completed.

Yellow areas are locations where soil is to be excavated and replaced with clean material. (Image links to .pdf of slide presentation with higher resolution images.)

He described how MichCon had excavated 1,680 cubic yards of contaminated soil from the western parcel and another 4,340 cubic yards from the eastern parcel. MichCon had installed a groundwater treatment system, and established routine groundwater monitoring and reporting. In total, Wiesemann told the council, MichCon has spent $2.6 million on the site investigation cleanup so far.

The investigation, Wiesemann continued, had provided a rich set of data with thousands of test results. The extent and nature of the environmental impacts at the site are now known, he said, and there’s no immediate risk to human health or the environment. There are still some structures on the site that are slated for removal, which have contamination. He showed the council a PowerPoint slide that indicated areas in yellow where structures and soil would be removed. One elongated area adjacent to the river is an area of impacted shallow soil and sediment – which will be excavated and replaced.

MichCon Property Remediation: Implementation

The success of the remediation plan, for which MichCon is now seeking approval from MDEQ, Wiesemann said, would lie in its implementation. He then sought to assure the council that impacts to Ann Arbor residents would be minimized. He told the council that MichCon has a lot of experience doing these kinds of remedial excavations – having completed dozens of them over the decades.

MichCon will use site controls like a security fence so that trespassers or children won’t wander onto the site. Surface water protection will be critical, he said, and a variety of tools will be used, including coffer dams, soft booms, and hard boom. Monitoring of the river water during the excavation would take place both upstream and downstream, he said. Odor-suppressing mist and foam would also be used, he said.

Wiesemann allowed that the impact of up to 20 trucks a day entering and leaving the site could be significant. Wheel washing would ensure that the trucks were not tracking sediment out of the site. MichCon would also plan to optimize the scheduling of truck traffic. In coordinating with the city, he said, MichCon had been advised, for example, that the Beakes and North Main area is not the best place to try to bring trucks through.

Wiesemann also pointed out the short-term economic gain due to the remediation activity and the long-term benefit of the environmental remediation. In addition to that, he reminded the council that MichCon will install and pay for the whitewater feature in the Huron River that was originally a part of the same project as the city’s planned Argo Dam bypass construction. The bypass, which has been named the Argo Cascades, is nearly complete.

MichCon Property Remediation: Whitewater Feature

Some councilmembers expressed concern about the impact of the excavation work on recreational users of the river. Wiesemann explained that the work would start on the upstream side and proceed downstream. By the time the work gets to the entry point from the Argo Cascades into the river, he said, it will be after Labor Day. After Labor Day, the Argo livery only offers weekend trips, which will coordinate well with MichCon’s weekday excavation activity. He allowed that it would not prevent someone from using their own canoe, instead of renting from the city’s livery. The fact that MichCon’s work will take place during the summer months, when the river will be relatively low, will also aid construction, he said.

Schematic showing the placement of the planned whitewater amenity in the Huron River, upstream from where the Argo Cascades enters into the river. (Image links to .pdf of slide presentation with higher resolution images.)

In connection with construction of the whitewater feature, councilmember Sabra Briere (Ward 1) questioned the placement of the feature that was indicated in the slide Wiesemann had shown, saying the rocks were not in the same place the council had previously been told they would be. It appeared that canoeists and kayakers who wanted to paddle through the planned whitewater amenity would need to navigate down the Cascades bypass, then paddle upstream through the whitewater and then reverse course, she said.

Wiesemann confirmed that was the planned implementation was as Briere described it. He indicated that this approach had been vetted with the city’s park and recreation staff. Colin Smith, city parks and recreation manager, confirmed that understanding, telling the council that Cheryl Saam, manager of the canoe livery, had been consulted as well. The idea was to make sure that the swifter water was well away from the entry of the Cascades into the river – to ensure that novice paddlers did not encounter the whitewater. It would also mitigate against any congestion between user groups. [That is, experienced users looking to spend the day paddling up and down through the whitewater feature would not interfere with novice paddlers who would be descending the Cascades and continuing on a leisurely float down the Huron.]

MichCon Property Remediation: Future of the Site

Stephen Kunselman (Ward 3) wanted to know what the future of the parcel was after the remediation was complete. Wiesemann indicated it was not clear. MichCon recognized that there was a lot of potential on the site for redevelopment. Talks had just started to take place with interested stakeholders in the community. But at this point, he said, it would be premature to speculate on the end use. But he allowed that the MichCon leadership does see the parcel as “a catalyst for economic growth and public enjoyment within the community.”

Mayor John Hieftje weighed in with his hope that DTE Energy would collaborate with the Wolfpack, to add the parcel to the city’s park system. [The Wolfpack is a conservancy group associated with the National Wildlife Federation, co-founded by local attorney and former Clinton advisor Paul Dimond and retired Ford executive Ray Pittman. (.pdf file of Wolfpack members)] Hieftje described how he could imagine tiered seating installed on the river bank opposite the whitewater feature so that people could come out and watch the kayakers navigate the rapids.

Hieftje confirmed with Wiesemann that even factoring in significant delays, the whitewater feature would be available for recreational users in the spring of 2013.

HRIMP and Land Use: Master Plan Revision?

At the March 8 master plan revisions committee meeting, Wendy Rampson – the city’s planning manager – noted that the Parks & Recreation Open Space (PROS) plan puts a priority on acquiring land along the Huron River. It indicates the goal of acquiring the entire MichCon parcel, Rampson said, but she’s not sure that’s realistic. The city’s Central Area Future Land Use map – part of the city’s master plan – shows the western portion of the site as parkland, and the eastern half for commercial/office use. Currently, the site is zoned M1 (industrial). Jeff Kahan of the city’s planning staff pointed out that much of the property lies within the floodway, which would limit development.

Rampson noted that there is only one HRIMP recommendation related to land use – the section on commercial development in the Broadway bridge/Argo area. From the HRIMP report:

Encourage limited development of a restaurant and/or other public-use facilities where the public congregates and can enjoy the river in the Broadway Bridge/Argo area, especially if it generates revenue for river planning and implementation.

Rampson asked whether the committee wanted to start working on a master plan amendment to incorporate this recommendation, or to propose something that makes the expectations for this recommendation clearer.

Evan Pratt, who had served on the HRIMP committee, said discussion on this topic among HRIMP committee members had centered mostly on the idea of having a restaurant in that area. He cited the example of Zingerman’s coffee and baked goods being sold at the cafe in Gallup Park – that’s an example of a business and park co-existing, he said. The idea was that it would be desirable if someone wanted to have a business that was related to the river area and that didn’t undermine the city’s canoe livery – like a bicycle rental business. So the zoning for that area shouldn’t allow large operations, but something more in keeping with drawing people to the river, Pratt explained.

Diane Giannola asked whether something like miniature golf would be appropriate. Is the idea to create an entertainment area, like a boardwalk?

Pratt replied that they don’t want anything like a San Antonio River Walk, but rather something for people to do that will open up the Huron River. Kirk Westphal added that a lot of ideas were discussed, including a paddle-up microbrewery, but a restaurant seemed to be the most common suggestion.

Rampson noted that while many people talk about a restaurant located right along the river, the topography would make that challenging. If the MichCon parcel becomes available, a building along the west end near the river isn’t possible, because the property is in the floodway. It would be possible to develop something on the east end of that property, she said, “but that doesn’t have the lovely views.”

Giannola noted that a raised structure could be built on the west portion of the property, but Rampson said that’s not what most people seem to envision – the preference is to be next to the river, not looking down on it. Westphal said there’s still a view of the river on the east end of the property, closer to the bridge. It’s not a wide-open vista, he said, but it’s nice.

Westphal wondered whether it would be possible to have a restaurant near the Argo livery, on land next to Argo Pond. Rampson said the HRIMP report wasn’t explicit about recommending anything in that area. Pratt weighed in that the spirit of the HRIMP committee discussions had focused on the Broadway area.

One issue with a restaurant near the Argo livery is that it’s located in a quiet residential area, Rampson noted. The lodge for the Society of Les Voyageurs is located there too. The question is whether introducing this type of new land use into that area is appropriate, she said.

A detail from the Central Area Future Land Use map, part of the land use section (Chapter 5) of the city's master plan. The large green and red section north of the railroad track and northwest of Broadway Street is the MichCon property. The property is zoned industrial, but the future land use indicates the western portion (green) for parks and open space, and the eastern portion (red) for commercial/office use. The Huron River runs to the north of the property. (Image links to .pdf of full Central Area Future Land Use map)

Rampson pointed out that for years, there have been efforts to revitalize the Lowertown area, east of the Broadway bridge. Perhaps a project on land near the bridge and the river could serve as a catalyst for development in Lowertown, she said. Rampson quipped that there’s a question about whether any land will be left after the University of Michigan finishes its projects in that area. [UM has been acquiring property along Wall Street, where its Kellogg Eye Center is located. The area is near the university's large medical complex.]

Rampson asked commissioners how deep they wanted to explore these options. A mini-study would be one approach, she said, or staff could work with commissioners to develop a set of recommendations. She asked whether they were interested in looking at just the site near the Broadway bridge, or if they wanted to focus on a broader area.

Giannola expressed support for looking at the entire Broadway/Lowertown area, not just one site.

City planner Jeff Kahan noted that there are several master plan-related efforts in the works right now – including studies of the Washtenaw Avenue and South State corridors – and the staff needs to strategize about how to use its limited resources. People might wonder what’s triggering an effort related to the HRIMP recommendations now, he said.

Rampson replied that there’s interest in the MichCon property, and in what DTE’s plans are for the property after they finish remediation work there. They could either put it on the market or ask the city to make an offer, she said. So you could argue that it’s timely to look at future land use for that area.

Kahan wondered whether it would “muck up the works” to go through a master plan and possible rezoning process that ends up doubling the value of that MichCon property, especially since it’s not yet clear what the company plans to do. He also noted that transit-related plans are unfolding quickly, and there’s uncertainty about that too. [The Fuller Road Station, a proposed parking garage and transit center located in that general area, has been paused – see Chronicle coverage: "UM, Ann Arbor Halt Fuller Road Project"]

Finally, Kahan said, if a drain is dug underneath the railroad, the floodplain lines could change yet again – that’s another factor that could have an impact on the area. [Earlier in the meeting, Rampson had mentioned that the city is issuing a request for proposals (RFP) to possibly build a drain underneath the railroad to relieve flooding. The project might include a pedestrian underpass.]

Pratt noted that the city has three plans, each recommending three different types of land use for the Broadway bridges and Argo Dam area: (1) the HRIMP, which recommends commercial development; (2) the property’s current zoning, for industrial use; and (3) the master plan’s future land use map, which shows a combination of parkland and commercial/office use. Each of those land uses reflect different levels of intensity, he observed.

Rampson said she doesn’t think anyone is talking about rezoning at this point. The master plan could simply be amended to indicate a preference for the type of use on that property. Then if the property changes hands and is sold to a private developer, there would be guidance if the developer proposed a project there that required rezoning – which would be likely, she said. It would be less of a problem if the property is acquired by the city, she said, and becomes zoned as public land.

The MichCon property has a high recreational value, Kahan said. It’s a critical piece of the puzzle for creating a pathway system of parkland along the river, and the city has acquisition funds available for parkland. It would be good to have a conversation with Ginny Trocchio about that, he said. [Trocchio is the Conservation Fund staff member who manages the city's greenbelt and park acquisitions program, under contract with the city.]

Kahan said it goes back to his earlier point – should the city take action that might have an impact on the property’s value, by potentially increasing an appraisal of the land?

For now, Rampson said, the simplest approach would be to insert the language of the HRIMP recommendation into the city’s master plan. That way, there would be guidance regarding future use of the property in that area.

The committee discussed where the language might be inserted – in the master plan’s Lowertown section, or the central area section. [link to .pdf of the master plan's chapter on land use] Kahan wondered whether the HRIMP should be added as a supporting document to the master plan, as part of this change. Rampson advised against that, noting that it might open the Argo Dam question. “I’m not sure you really want to go there,” she told commissioners.

Pratt said he recognized that revisiting HRIMP could be opening a can of worms. But at the least, he said, getting HRIMP’s land use language into the master plan, as it relates to commercial development near the Broadway bridge and Argo, will help safeguard the future of that area.

The committee’s discussion will be taken up by the full planning commission at an upcoming, to-be-determined meeting.

Present: Planning commissioners Eleanore Adenekan, Diane Giannola, Evan Pratt and Kirk Westphal. Also city planners Wendy Rampson and Jeff Kahan.

Dave Askins contributed to the reporting of this article. The Chronicle relies in part on regular voluntary subscriptions to support our coverage of public bodies like the city planning commission and the Ann Arbor city council. If you’re already supporting The Chronicle, please encourage your friends, neighbors and coworkers to do the same. Click this link for details: Subscribe to The Chronicle.