DDA officials break ground on parking structure project in downtown Ann Arbor; lawsuit won't stop project
Officials from the city of Ann Arbor and the Downtown Development Authority joined Thursday afternoon for the ceremonial ground-breaking of the Fifth Avenue underground parking structure.
Putting their shovels to the dirt, they signaled the start of construction work expected to last the next two years. Crews will dig a hole big enough to fill with a four-story, 667-space parking garage.
"This ground-breaking is both a beginning and another leg in a long journey that began 27 years ago when the city of Ann Arbor - in cooperation with other taxing authorities - created the Ann Arbor DDA with the goal of sparking new downtown reinvestment," said DDA Chairman John Splitt. "Nowhere is the redevelopment potential greater than with this project."
Splitt said the parking structure helps knit together the campus area and the Main Street area of downtown Ann Arbor. The city is currently soliciting proposals for the top of the structure for creative development promoting connectivity between Fifth and Division.
"The project will be Ann Arbor's first fully underground parking structure with infrastructure elements that encourage a higher, better use of this land than a surface parking lot," Splitt said. "And this will be the most sustainably designed structure in the region, with electric car charging stations, LED lights and geothermal wells."
The parking structure project is budgeted at $50 million, while a related project is about $6 million and includes improvements along Fifth/Division - streetscape upgrades, new LED lights, bicycle lanes, and sidewalks.
Past and present DDA members put on their hard hats for the ceremony, held under a tent erected in the parking lot. While Thursday's event was a celebration of progress, a lawsuit over the project still lingers; it claims the project will harm surrounding businesses.
Bill Stapleton, one of the attorneys representing two businesses and a nonprofit organization suing the city, told AnnArbor.com by phone Thursday that his clients don't intend to stop the project from moving forward. But they do have complaints they're planning to fight in court, he said.
Stapleton's clients - the Herb David Guitar Studio, Jerusalem Garden, and the Great Lakes Environmental Law Center - filed a 28-page complaint in Washtenaw County Circuit Court on Aug. 11, alleging the project will cause loss of business for the guitar studio and restaurant. The law center joined in the claim, alleging the City Council violated the Open Meetings Act in February when its members discussed the project by e-mail during a meeting.
"The OMA issues still remain in the lawsuit, but we're not using that as a way to try to prevent this project from going forward," Stapleton said.
Stephen Postema, the city's attorney, said he's glad the plaintiffs have been willing to clarify that matter with the city. He said nothing in the suit at this point will prevent the construction of the parking structure project.
"They have clarified that they are not seeking to invalidate the bonding or the site plan in that lawsuit," Postema said.
Postema said the city still hasn't been served with the complaint because the two sides are in talks. Once the plaintiffs proceed, the city would have 21 days to respond to the suit.
Stapleton has indicated the broader Open Meetings Act complaint still stands and will be pursued before Judge Archie C. Brown. The judge will be asked to make a declaratory ruling on whether the City Council broke the law when its members quietly traded e-mails about the project during a public meeting.
"When there was a proposal to table the bonding of this project, so that there could be a more thorough investigation of the environmental impacts ... the e-mails that occurred between council members in essence were about whether it should be tabled, and whether they should go ahead and vote on it," Stapleton said. "So what we're saying is they deliberated in private through e-mails and came to a decision not to table it and that is a discussion that should have been held in public and should have been voted on in public."
Stapleton said his clients are closely watching how the city and DDA proceed with the construction of the project. He said his clients could push forward with claims for damages for interference to business.
"We're sort of in a wait and see mode at this point to see what impact the construction is going to have on the surrounding businesses," he said. "And if there are impacts, then those claims will be pursued."
Ryan J. Stanton covers government for AnnArbor.com. Reach him at ryanstanton@annarbor.com or 734-623-2529.
Comments
OverTaxed
Mon, Oct 5, 2009 : 7:15 p.m.
$56 Million dollars, can we put these people in jail? I am tired of this, and you can't stop it. $6 Million for streetscape upgrades, new LED lights, bicycle lanes, and sidewalks. You have got to be kidding. $6 Million to repaint street lanes and put in sidewalks, who is doing the work, the mob. I want that money back!
tredd
Sat, Oct 3, 2009 : 10:19 a.m.
Hey Tony, give it a break. Satire is a great break from the normal vitrol that this blog site tries to incite around issues of government and education. I was wondering how this experiment would turn out and I think you have achieved success, Howard Stern watch out. Who will rise to the role of Robin?
voiceofreason
Fri, Oct 2, 2009 : 3:05 p.m.
Nice attempt Qunt, but there is very little similarity between a parking structure that will eventually support itself and healthcare that will not. Back on topic, I am constantly amazed with the priorities of posters on this site. After each story about the proposed Fuller Transport Hub, the general reaction is "That sounds amazing, this is exactly what Ann Arbor needs for the 21st Century and beyond." After this story, the general consensus is, "Those greedy corrupt politicians, only thinking of lining their own pockets." These are two projects with essentially the same purpose. They are projects designed to benefit the City of Ann Arbor into the future, and are attempting to increase the economic vibrancy and prosperity of the downtown area. My question is, why do people love one project and hate the other?
sottovoce
Fri, Oct 2, 2009 : 1:32 p.m.
plubius - how do you know the terms of the bond, the future price of parking, discount rates, % of contract/spot parking? To get such a precise number, you must be unbelievably skilled or you made an uneducated guess.
sottovoce
Fri, Oct 2, 2009 : 1:20 p.m.
Q, your name is offensive.
ResidentAnvil
Fri, Oct 2, 2009 : 12:59 p.m.
Okay, Tony. I would then say that $50 million is far too large amount of money to pay for a parking lot. I would also like to say that there probably is no other DDA, in a similar sized city, that would drop $50 million to park a few hundred cars. I think this city could do a much better job using the resources that are already in place. I would suggest trying to use surface lots that the city, university and businesses already have in place. Purchase some trollies or shuttles and bring people into town that way. I am sure there are other ideas out there, as well.
ResidentAnvil
Fri, Oct 2, 2009 : 11:40 a.m.
Qunt--I think this is something far worse...I think this is an undergorund socialist movement! Next thing you know, they will take the entire city underground! Sure, they'll say it would be better for people to go underground to "get out of the elements." But, you and I both know that senior citizens will die from it. Be afraid...Be very afraid...
YpsiLivin
Fri, Oct 2, 2009 : 11:37 a.m.
The lack of reliably available parking is one of the biggest reasons I don't go into downtown Ann Arbor any more. My understanding of the plan is that they're going to park a 25 story building on top of the structure. Should that come to pass, the structure they're building won't be nearly large enough. I say, if they want to build Garage Mahal, let 'em.
Dave66
Fri, Oct 2, 2009 : 9:46 a.m.
Wait a minute... Let me see if I understand this correctly. The government is going to provide some public parking? Hmmm... A resource available to the public is... Socialism! Wake up, people! This is a socialist plot to take over parking! As our good friends the Republicans were kind enough to tell us, if the government provides a public service, that's just the start of a slippery slope to a socialist government takeover. You just watch. If people have the *option* to park in a public ramp, soon there will be a *mandate* to park there. And then do you know what will happen? Parking Panels! Yes, that's right, some bureaucrat in City Hall will get in between you and your Parking Provider, deciding when and where you park. There will be rationing, waiting in lines, it will be a nightmare. Senior citizens will certainly die. I'm not sure how, but any time there is a socialist takeover of something, senior citizens always die. It's just a rule or something. Anyway, this parking structure will put private parking out of business. Say good-bye to your driveways and garages.
Plubius
Fri, Oct 2, 2009 : 9:20 a.m.
Are A2's leader innumerate, unintelligent, or simply corrupt? Assuming not operating costs, for this lot to pay back in 20 years, 317 cars would have to be parked in it 7/24/365. This will never happen. Making this issue even more galling is that simply fact that there is NO parking problem in town. In the mean time, businesses will be hurt, the local entrepreneurial community will be negatively impacted, and for what? Whose pcckets are getting lined?