March 3, 2014 Council Meeting: Live Updates

Editor’s note: This “Live Updates” coverage of the Ann Arbor city council’s March 3, 2014 meeting includes all the material from an earlier preview article published last week. The goal is to facilitate easier navigation from live-update material to background material already in the file.

The council’s first regular meeting in March will include several items of business leftover from previous meetings, including one resolution on affordable housing, an ordinance on outdoor smoking, and several matters related to public art.

New to the agenda are several items related to non-motorized issues, most prominently a funding request to support the activity of an already-established task force on pedestrian safety and access.

The council will also be asked to fund requests related to city parks and other facilities like city hall and the airport. Eighteen new vehicles will also be added to the city’s fleet, contingent on council action on March 3.

The council will also consider a resolution that urges full funding of the state of Michigan’s fire protection grant program – for cities like Ann Arbor that host state-owned facilities like the University of Michigan.

In somewhat more detail, one public art issue, embodied in two different resolutions, was postponed from the council’s Feb. 18, 2014 meeting, when councilmembers could not agree on an approach to transferring money out of the public art fund back to the funds from which the money was originally drawn. The specific point dividing the council was not so much the transfer of money but rather a plan to fund the transition to a new approach to public art – after the council eliminated the Percent for Art funding mechanism last year.

Between council meetings, those issues have been separated out. The resolution ordered first on the agenda has been altered for consideration on March 3 so that it focuses exclusively on the public art program transition issue. The second resolution incorporates changes to reflect the council’s deliberations on Feb. 18: It transfers a total of $943,005 of Percent for Art money to its funds of origin, an amount that defunds the art project at Argo Cascades, but keeps funding for the Coleman Jewett memorial and for a project called Canoe Imagine Art. [public art resolution (1) for consideration on March 3, 2014] [public art resolution (2) for consideration on March 3, 2014]

That disagreement over funding of the new approach to public art – created by the council last summer when it eliminated the Percent for Art funding mechanism – is also related to another public art item on the agenda. That’s a six-month contract extension for the city’s part-time public art administrator. The item first appeared on the council’s Jan. 21 agenda, but the council postponed that vote until Feb. 3, when it was defeated. On Feb. 18 it was then brought back for reconsideration, but immediately postponed until the March 3 meeting.

Also postponed from Feb. 18 is an item that would direct the city administrator to prepare for the council’s approval a budget resolution regarding affordable housing. The resolution would allocate $600,000 from the city’s affordable housing trust fund to support the Ann Arbor housing commission’s plan to renovate its properties. That allocation would be contingent on the closing of the sale of the former Y lot to Dennis Dahlmann, as the net proceeds of that sale are to be deposited into the city’s affordable housing trust fund.

Postponed from the Feb. 3 meeting was the first reading of an ordinance that would regulate smoking outside of public buildings and also potentially in areas of some city parks. Chuck Warpehoski (Ward 5), sponsor of the new proposed local law, appeared before the park advisory commission at its Feb. 25 meeting to brief commissioners on the proposal and solicit feedback.

New items on the March 3 agenda include a funding proposal for the pedestrian safety and access task force established by the city council late last year, with members appointed in late January. The $122,250 item also includes a $77,500 contract for facilitation services from Project Innovations. That’s the same firm contracted for similar work in connection with the city’s sanitary sewer wet weather evaluation – which is expected to conclude in the summer of 2014. [The total amount being appropriated for the task force project budget in the item is $197,250. The stated “estimated $122,500” is the approximate cost of the anticipated staff effort for this project. The total project budget includes $77,400 for the professional services agreement with Project Innovations, Inc.]

Other issues on the March 3 agenda with a non-motorized connection are three stretches of sidewalk. In the context of sanitary sewer design work that Fishbeck, Thompson, Carr & Huber Inc. is being hired to do, two sidewalks are included: a stretch along Barton Drive, and a stretch along Scio Church Road. The council will also be asked to pay for the construction of a stretch of sidewalk along Ann Arbor-Saline Road near the I-94 bridge – as part of a road reconstruction project that the Michigan Dept. of Transportation is handling.

Another new item is a resolution that Jack Eaton (Ward 4) had announced at the council’s Feb. 18 meeting that he’d be bringing forward. It would waive the attorney-client privilege on a staff memo about laws governing the assessment of homes. The resolution indicates that the memo addresses the effect that reducing the assessment for one year would have on the property tax assessment for the subsequent year, based on action by the Board of Review and/or the Michigan Tax Tribunal.

In other action, the council will be asked on March 3 to approve the purchase from Signature Ford of 18 new vehicles – most of them for use by the Ann Arbor police department. Total cost of the purchase is $457,393.

City parks factor into three agenda items: (1) a resolution to establish an urban park on part of the surface level of the Library Lane underground parking structure; (2) a paving contract for the replacement of basketball and tennis courts at Clinton Park; and (3) a grant application to the Michigan Dept. of Natural Resources Grants Management to support a universal access playground at Gallup Park. The Rotary Club of Ann Arbor has already pledged $250,000 toward such a playground.

The city hall (Larcom Building) is featured in two agenda items – to pay $160,923 for a secondary chiller unit and $28,469 for new light fixtures. An amendment to an agreement with MDOT for an already-completed fence project at the Ann Arbor municipal airport also appears on the agenda, and will cost the city $425.

After authorizing significant equipment purchases to support water main repair activity at its Feb. 18 meeting, the council will be asked to approve two additional items related to water main repair. One item is a $44,702 emergency purchase order to buy more aggregate material used for backfilling water main repairs. A second item authorizes an emergency purchase order for repairing and making a new connection for the water main at 1214 S. University. In both cases, the emergency purchase orders were authorized by the city administrator, and the work was done.

Street closures for two events are on the council’s March 3 agenda: Take Back the Night and the Monroe Street Fair.

Also on the agenda is a resolution that would encourage Gov. Rick Snyder, state senator Rebekah Warren, and state representatives Jeff Irwin and Adam Zemke to explore creative ways to fund the state’s fire protection grant program for municipalities like Ann Arbor, which host state institutions. In the last three years, the program has been only 40-55% funded.

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

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

Public Art

At the council’s Feb. 18, 2014 meeting, two resolutions on the transfer of public art money back to its funds of origin were postponed. Councilmembers seemed to agree that a substantial sum – at least $800,000 that had accumulated under the now defunct Percent for Art funding mechanism – should be transferred back to its funds of origin. The issue actually dividing the council was not so much the transfer of money but rather a plan to fund the new approach to public art that the council put in place when the Percent for Art funding mechanism was eliminated last year.

The resolution proposed by Sabra Briere (Ward 1) called for establishing a budget for public art administration for FY 2015 and FY 2016. The resolution by Jane Lumm (Ward 2) did not include a budget provision for public art administration.

The former Percent for Art funding mechanism required 1% of all capital fund project budgets to be set aside for public art. The new approach entails including city-funded art when it’s designed as an integral part of a capital project, with council approval. Art projects also could be funded through a combination of private and public money.

Between the Feb. 18 and March 3 council meetings, the fund transfer issue has been separated from the transition funding question. The resolution ordered first on the agenda (Briere’s) has been altered for consideration on March 3 so that it focuses exclusively on the public art program transition. The resolution directs the city administrator to have staff develop a transition plan to be presented to the council by Oct. 6, 2014. It also prohibits initiation of additional projects using pooled Percent for Art funds, and directs the city administrator to establish a budget for public art administration for FY 2015 and FY 2016.

An initial list of requests from department heads for FY 2015, released by the city on Feb. 10, shows an $80,000 request for arts administration, which includes funds for a full-time art administrator, drawn from the general fund. FY 2015 runs from July 1, 2014 through June 30, 2015.

This resolution was put forward by Briere and is co-sponsored by Sally Petersen (Ward 1), Christopher Taylor (Ward 3), Margie Teall (Ward 4) and Chuck Warpehoski (Ward 5). Because it does not include a transfer of funds, it no longer requires eight votes to be approved. A majority of six votes would ensure its approval.

The resolution ordered second on the agenda (Lumm’s) incorporates changes to reflect the council’s deliberations on Feb. 18: It transfers a total of $943,005 of Percent for Art money to its funds of origin, an amount that defunds the art project at Argo Cascades, but keeps funding for the Coleman Jewett memorial and for a public/private project called Canoe Imagine Art. The defunding of the art project at Argo Cascades was originally a feature of Briere’s resolution that was not shared by Lumm’s.

In addition to Lumm, this second resolution on the agenda is cosponsored by Jack Eaton (Ward 4), Sumi Kailasapathy (Ward 1) and Mike Anglin (Ward 5). Because the resolution involves a transfer of funds, it will require eight votes on the 11-member council to be approved.

[public art resolution (1) for consideration on March 3, 2014] [public art resolution (2) for consideration on March 3, 2014]

Possibly a part of the council’s discussion on March 3 will be a review of what a council committee recommended in advance of the council’s decision to eliminate the Percent for Art program at its June 3, 2013 meeting. That recommendation was attached to the council’s agenda as a report/communication about a year ago, for the council’s March 18, 2013 meeting. [.pdf of council committee's public art findings and recommendations]

The five councilmembers serving on that committee included Margie Teall (Ward 4), as well as all of those who have declared their intention to participate in the Democratic mayoral primary race: Sabra Briere (Ward 1), Sally Petersen (Ward 2), Christopher Taylor (Ward 3) and Stephen Kunselman (Ward 3).

The time frame that some councilmembers have talked about for funding the new approach to public art – before judging whether it has succeeded – is as long as three years. That appears to be based on one of the committee’s recommendations:

Recommendation: The staff should review the successful implementation of any changes in the ordinance after 36 months. This timing is based on the task force’s awareness that capital improvements may take longer than two years to move from inception to completion.

That finding also included a recommendation on administrative support:

Recommendation: a professionally trained public art administrator can provide this level of support, but needs to be employed more than 50% of the time. The Public Art Task Force agrees that the program would benefit from the services of a trained administrator, either as a contract employee or a direct hire.

The disagreement over funding of the newly created program is also related to another public art item on the March 3 agenda – a six-month contract extension for the city’s part-time public art administrator. The item first appeared on the council’s Jan. 21 agenda, but the council postponed that vote until Feb. 3, when it was subsequently defeated. On Feb. 18 it was then brought back for reconsideration, but immediately postponed until March 3. The amount at issue to fund the contract is $18,500.

Affordable Housing

Also postponed from the Feb. 18 meeting is an item that would direct the city administrator to prepare for the council’s approval a budget resolution regarding affordable housing. It would allocate $600,000 from the city’s affordable housing trust fund to support the Ann Arbor housing commission’s plan to renovate its properties. That allocation would be contingent on the closing of the sale of the former Y lot to Dennis Dahlmann, as the net proceeds of that sale are to be deposited into the city’s affordable housing trust fund.

The item was postponed on Feb. 18 only after the council’s two liaisons to the housing and human services advisory board – Sabra Briere (Ward 1) and Jane Lumm (Ward 2) – had aired out conflicting perspectives on the importance of having the item on the agenda. Briere had placed the item on the Feb. 18 agenda. Lumm argued that the agenda placement had come late on Friday and that it was not necessary – for the housing commission’s purposes – to vote on the issue until March 3.

Politics between the city council and the Ann Arbor Downtown Development Authority are also part of the mix, as the housing commission has made a $600,000 request of the DDA as well. DDA board members seem keen to see the city pledge its support to the housing commission before committing DDA funds. And some city councilmembers appear to want to secure the DDA’s commitment before voting to support the housing commission’s renovations with affordable housing trust fund dollars.

Outdoor Smoking

Postponed from the Feb. 3 meeting was the first reading of an ordinance that would regulate smoking outside of public buildings and also potentially in areas of some city parks. Chuck Warpehoski (Ward 5), sponsor of the new proposed local law, appeared before the city’s park advisory commission at its Feb. 25 meeting to brief commissioners on the proposal and solicit feedback.

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

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

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

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

Non-Motorized Issues

New items on the March 3 agenda include a funding proposal for the pedestrian safety and access task force established by the city council late last year, with members appointed in late January. The $122,250 item also includes a $77,500 contract for facilitation services from Project Innovations. That’s the same firm contracted for similar work in connection with the city’s sanitary sewer wet weather evaluation – which is expected to conclude in the summer of 2014. [The total amount being appropriated for the task force project budget in the item is $197,250. The stated “estimated $122,500” is the approximate cost of the anticipated staff effort for this project. That project budget includes $77,400 for the professional services agreement with Project Innovations, Inc.]

Other issues on the March 3 agenda with a non-motorized connection are three stretches of sidewalk. In the context of sanitary sewer design work that Fishbeck, Thompson, Carr & Huber Inc. is being hired to do, two sidewalks are included: a stretch along Barton Drive; and a stretch along Scio Church Road.

Fishbeck, Thompson, Carr & Huber Inc. did design work for another project for which the council will be asked to authorize funding. The firm prepared the construction drawings, contract specifications and an opinion of probable construction costs for the roadway and non-motorized improvements for a stretch of sidewalk along Ann Arbor-Saline Road near the I-94 bridge. That’s part of a road reconstruction project the Michigan Dept. of Transportation is handling.

Non-Motorized: Pedestrian Safety and Access Task Force

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

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

The council will be asked on March 3 to consider a resolution to appropriate $122,250 to support the task force’s work, which includes delivery of a report a year from now – in February 2015. The funds are sourced in part from an allocation made during the May 20, 2013 budget deliberations, which appropriated $75,000 for a study to prioritize sidewalk gap elimination. The connection between sidewalk gaps and the task force’s work is based in part on one of the other resolved clauses establishing the task force: “… the task force will also address sidewalk gaps and create a tool for setting priorities for funding and filling those gaps; …”

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

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

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

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

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

Non-Motorized: Sidewalks – Barton Drive, Scio Church

As part of the same contract to design urgent repairs to the sanitary sewer pipes and structures in Huron Street near the intersections of Glen Street and Zina Pitcher, Fishbeck, Thompson, Carr & Huber Inc. is also being tapped to provide the designs for two sidewalk projects that could ultimately result in special assessments for adjoining property owners.

At its July 15, 2013 meeting, the council approved $15,000 for preliminary design of a sidewalk along Barton Drive.

At its Nov. 19, 2012 meeting, the council approved $15,000 for preliminary study of a sidewalk to be constructed along Scio Church, west of Seventh Street. And on Nov. 7, 2013 the council approved another $35,000 for Scio Church sidewalk design work.

The contract with Fishbeck, Thompson, Carr & Huber Inc. – which includes $50,629 for the design of the two stretches of sidewalk – would draw on that previously authorized funding.

Non-Motorized: Sidewalks – Ann Arbor-Saline

The council will also be asked at its March 3 meeting to approve a $30,000 general fund expenditure to pay for a new sidewalk along the east side of Ann Arbor-Saline Road from the westbound I-94 exit ramp to the north end of the I-94 bridge, and along the west side of Ann Arbor-Saline Road from Brookfield Drive to the Michigan Dept. of Transportation (MDOT) park-and-ride commuter parking lot. The work is part of a more general road reconstruction project being handled by MDOT under an agreement between the city of Ann Arbor, the Washtenaw County road commission, MDOT and Pittsfield Township.

Additional Vehicles

The council will be asked on March 3 to approve the purchase of 18 new vehicles from Signature Ford in Perry, Michigan. Most of the new vehicles are for use by the Ann Arbor police department. Total cost of the purchase is $457,393 and includes:

• one 2014 Ford F-150 four-wheel-drive pickup at $26,407.
• one 2014 Ford Escape four-wheel-drive at $24,050.
• four 2014 Ford Police Interceptors: Sedans at $24,601 each.
• nine 2014 Ford Police Interceptors: Utility at $26,298 each.
• two 2014 Ford Police Interceptors: Utility with rear-auxiliary air-conditioning for use as K-9 units at $26,846.
• one 2014 Ford F-150 two-wheel-drive pickup at $18,158.

The staff memo notes that the police vehicles to be purchased will replace vehicles that will have reached either the 80,000-mile or the six-year limit specified in the city’s labor contracts with the Ann Arbor Police Officers Association and the Ann Arbor Police Supervisors.

The memo further notes that the new sedans have less shoulder room than Crown Victorias. So the AAPD is finding it difficult to install the increased amount of equipment needed in police vehicles, while still maintaining adequate room for officers. That’s why more of the SUV pursuit-rate vehicles are being incorporated into the police department’s fleet.

The city’s non-police vehicles are subjected to a two-step process to determine replacement. According to the staff memo accompanying the resolution, the first step scores a vehicle’s age, miles/hours of use, type of service, reliability, maintenance and repair cost. The second step is review of the vehicle repair history and general condition.

One non-police vehicle to be replaced through the purchase is a truck that has been in service for 7.6 years and has over 4,800 total hours of operation, averaging 0.23 repair work orders per month. The total cost of repairs has exceeded 60% of its purchase price.

City Assets

Several items related to upkeep and improvement of city assets appear on the city council’s March 3 agenda.

City Assets: Parks

City parks factor into three agenda items: (1) a resolution to establish an urban park on part of the surface level of the Library Lane underground parking structure; (2) a paving contract for the replacement of basketball and tennis courts at Clinton Park; and (3) a grant application to the Michigan Dept. of Natural Resources Grants Management to support a universal access playground at Gallup Park. The Rotary Club of Ann Arbor has already pledged $250,000 toward such a playground, which is expected to cost about $500,000.

City Assets: Parks – Library Lane Surface?

A resolution that proposes to build an urban park on top of the Library Lane underground parking structure appears on the city council’s March 3 agenda. The proposal was also presented at the Feb. 25, 2014 meeting of the Ann Arbor park advisory commission. The commission was not asked to act on it.

The presentation to PAC by Will Hathaway, on behalf of the Library Green Conservancy, included a proposal to reserve about 10,000 square feet on the surface of the Library Lane Structure for an urban park, to be “bounded by the Fifth Avenue sidewalk on the west, the Library Lane Street sidewalk to the south, the western entry to the central elevator to the east, and the southern curb of the service alley on the north.” [.pdf of proposed resolution] [.pdf of proposed site boundaries]

Hathaway reported at that meeting that he’s been working with city councilmember Jack Eaton (Ward 4). Sponsors of the resolution on the March 3 agenda are Eaton, Sumi Kailasapathy (Ward 1), Jane Lumm (Ward 2), and Mike Anglin (Ward 5), who serves on PAC as an ex officio member.

The resolution calls for financial support as well as an allocation of staff time to design and create the park. The resolution asks PAC and the parks staff to prepare preliminary recommendations for the park’s design, to be presented at the council’s first meeting in October of 2014.

Other aspects of the proposal include:

• asking the Ann Arbor Downtown Development Authority to prepare for an eventual transition from parking to non-parking on the surface of the Library Lane structure;
• asking the DDA to conduct a structural analysis of the Library Lane structure to determine if any modifications are needed to safely support design features, such as soil, plantings of various sizes, water features, a skating rink, a performance stage, and play equipment;
• asking that the city’s community services and parks staff work with DDA and the Ann Arbor District Library to facilitate public programming with activities including craft fairs, book fairs, food carts, and fine arts performances;
• asking the DDA to work with the city to explore possible above-ground private and/or public development of the remaining, build-able portion of the surface level north of the central elevator and above the central exit/entrance ramp.

The resolution specifies certain conditions for development rights on the remaining surface of Library Lane, including additional public open space and pedestrian access as features of any private development. The resolution also calls for close collaboration with neighboring properties and businesses, including the Ann Arbor District Library, First Martin Corp., the University of Michigan Credit Union, the Inter-Cooperative Council, and the businesses facing Fifth Avenue and Liberty Street.

Activists have pushed for a public park or plaza on the top of the Library Lane underground parking structure for several years. Several members of the Library Green Conservancy – including former park commissioner Gwen Nystuen, and former Ann Arbor planning commissioner Eric Lipson – attended PAC’s Feb. 25 meeting.

PAC has explored the urban park issue more broadly, most formally with a downtown parks subcommittee created in 2012. The subcommittee presented a report at PAC’s Oct. 15, 2013 meeting that included general recommendations, with an emphasis on “placemaking” principles that include active use, visibility and safety. The most specific recommendation also called for developing a park or open space on top of the Library Lane structure. A park or open space at that location should exceed 5,000 square feet, according to the report, and connect to Library Lane, the small mid-block cut-through that runs north of the library between Fifth and Division. [.pdf of 21-page full subcommittee report]

The subcommittee’s report was accepted by the Ann Arbor city council on Nov. 7, 2013 over dissent from Anglin.

Hathaway’s presentation on Feb. 25 drew on recommendations from the PAC subcommittee, as well as from information in the DDA’s Connecting William Street study.

On Feb. 25, several park commissioners raised concerns, some of which focused on the process of bringing this resolution forward without specific direction from the council. Hathaway noted that the council resolution is intended to start the process, with council direction, to begin working with stakeholders, PAC, the public and others in the design and development of this park.

City Assets: Parks – Clinton, Gallup

At its Feb. 25, 2014 meeting, the Ann Arbor park advisory commission recommended approving a $133,843 contract with Best Asphalt to rebuild the tennis and basketball courts at Clinton Park. The council will be asked to act on the contract at its March 3 meeting.

The park is located on the west side of Stone School Road, south of Eisenhower Parkway.

Including a 10% construction contingency, the project’s total budget is $147,227. Best Asphalt provided the lowest of five bids, according to a staff memo. The project will be funded with revenues from the park maintenance and capital improvement millage.

Another item on the March 3 council agenda relates to a proposed “universal access” playground at Gallup Park. At its Jan. 28, 2014 meeting, the park advisory commission recommended applying for the grant from the Michigan Dept. of Natural Resources Grants Management (MDNRGM) to help fund the project. Representatives of Rotary Club of Ann Arbor attended that PAC meeting to convey the group’s $250,000 pledge. Colin Smith, the city’s parks and recreation manager, told park commissioners that although there are about 80 playgrounds in Ann Arbor, none are universally accessible. It’s a “huge shortcoming” for the parks system, he said.

The exact location within Gallup Park hasn’t been determined, but the playground would be about 5,000 square feet and exceed the requirements of the Americans with Disabilities Act (ADA). The design and equipment is intended to create environments that can be used by all people, with features like ramps, color-contrasting structures, wider bridges and walkways, and playground equipment that makes it easier for people using wheelchairs.

The council will be asked to authorize the grant application at its March 3 meeting.

City Assets: Larcom Building

The city hall (Larcom Building) at 301 E. Huron is featured in two agenda items – to pay $160,923 for a secondary chiller unit and $28,469 for new light fixtures.

The $160,923 contract for installation of a secondary chiller would go to CSM Mechanical LLC. The existing chiller for city hall is described in the staff memo accompanying the resolution as old, requiring extensive maintenance. Repair is difficult because parts are becoming harder to find. It’s the only unit for the building, so if it goes down, the building has no cooled air. The unit also doesn’t handle well the rapid change in temperatures in spring and fall.

So the city’s strategy will be to install a secondary chiller – leaving the old chiller still in service. The new chiller unit will have about two-thirds the capacity of the old one. If the older unit breaks down during the peak summer season, the new unit will at least be able to provide some cooling air. The long-term plan is to replace the old chiller unit with a second smaller capacity chiller.

The purchase of $28,469 worth of light fixtures for city hall would be from McNaughton McKay Electric Company of Ann Arbor. The new fixtures will replace the original fixtures – which are being removed as part of an asbestos abatement project. The purchase covers the light fixtures for the third and fourth floors. They will match those installed in the basement and first floor during the recent renovation of city hall.

City Assets: Airport

A $17,000 amendment on a contract with the Michigan Dept. of Transportation for a fence and gate project at the Ann Arbor municipal airport appears on the council’s March 3 agenda. Of that, the city’s portion is $425. The remainder is covered by federal and state funds. The actual project was completed in October 2013.

Water Main Issues

After authorizing significant equipment purchases to support water main repair activity at its Feb. 18 meeting, the council will be asked to approve two additional items on March 3 related to water main repair. One item is a $44,702 emergency purchase order to buy more aggregate material used for backfilling water main repairs. A second item authorizes an emergency purchase order for repairing and making a new connection for the water main at 1214 S. University. In both cases, the emergency purchase orders were authorized by the city administrator, and the work was done.

The emergency purchase order with Ellsworth Industries for $44,702 was submitted and approved on Feb. 14. The city had an existing contract with Ellsworth Industries to supply the aggregate material. The staff memo cites the extreme cold during the 2013-2014 winter as causing “a greater than average number, scope and magnitude of water main breaks city-wide.”

The emergency purchase order with E.T. MacKenzie was for a water main repair not to exceed $30,000 – on South University at the location of Pinball Pete’s. Here’s a timeline of the events of early February released by Oxford Property Management. [.pdf of Oxford Property Management timeline Feb. 6 through Feb. 12, 2014]

The city opted to use E.T. MacKenzie for the work – which included making a new connection to a different main – because the owner’s contractor was already on site.

Street Closures

Street closures for two events are on the council’s March 3 agenda: Take Back the Night and the Monroe Street Fair.

Take Back the Night is a demonstration against sexual violence. This year’s event begins on April 2 at 7 p.m. in the ballroom of the Michigan Union. The keynote speaker is Samantha Soward. A march through the University of Michigan campus and the city of Ann Arbor follows. The route of the march goes south down State Street to Madison, taking Thompson, William, Fourth Avenue and Liberty back to State Street.

This year’s annual Monroe Street Fair takes places on Saturday, April 5. The section of Monroe Street to be closed is between Tappan and State streets.

Fire Protection

A resolution sponsored by Jane Lumm (Ward 2) could be analyzed as obliquely related to the council’s decision at a special session on Feb. 24, 2014 not to exercise a right of first refusal to purchase the Edwards Brothers Malloy property on South State Street.

By way of background, that property will now be purchased by the University of Michigan, thus removing it from the tax rolls – because UM does not pay property taxes.

As a result, the city will lose about $50,000 per year in revenue, which is used to pay for basic services like police and fire protection. The university does not operate its own fire protection service.

The city’s station #5 is located on university property, for which the university does not charge rent, utilities, or maintenance costs. UM estimates the annual value of that arrangement to the city at about $230,000. In general, however, the Michigan legislature recognizes that municipalities hosting state-owned facilities face a burden of providing fire protection for such facilities – without receiving property tax revenues to pay for that fire protection.

So the legislature enacted a law to award fire protection grants from the state of Michigan – which are dependent on an allocation from the state legislature each year. The allocation is governed by Act 289 of 1977. [.pdf of Act 289 of 1977] The statute sets forth a formula for a state fire protection grant to all municipalities that are home to state-owned facilities – a formula that attempts to fairly determine the funding allocated for fire protection grants in any given year. The fire protection grant formula is defined for any municipality in terms of the relative value of the state-owned property in the municipality.

More precisely, the percentage in the grant formula is the estimated state equalized value (SEV) of state-owned facilities, divided by the sum of that estimated value and the actual SEV of the other property in the community. For example, in Ann Arbor, the total SEV of property on which property tax is paid is roughly $5 billion. The estimated value of state-owned facilities (primarily the University of Michigan) is around $1 billion. So the percentage used in the state fire protection formula for Ann Arbor is about 16% [1/(1 + 5)].

The percentage in the formula is different for each municipality. That percentage is then multiplied by the actual expenditures made by a municipality for fire protection in the prior fiscal year.

The formula can be described as equitable among municipalities – because the grant amount depends in part on the relative value of state-owned facilities in a given municipality. All other things being equal, a city with a greater number of state-owned facilities receives more fire protection grant money than one with a small number of state-owned facilities. The formula can also be described as equitable to the state of Michigan, because the formula calibrates the state’s investment in a municipality’s fire protection to the level of funding that a local municipality itself is willing to provide.

The roughly $14.8 million in a provisional budget request from the Ann Arbor fire department for FY 2015 would translate to a state grant of roughly $2.3 million.

But the state statute explicitly provides for the possibility that the legislature can choose not to allocate funds sufficient to cover the amount in the formula [emphasis added]:

141.956 Prorating amount appropriated to each municipality.
Sec. 6. If the amount appropriated in a fiscal year is not sufficient to make the payments required by this act, the director shall prorate the amount appropriated to each municipality.

Since 1996, the legislature has funded the grants at amounts as low as 23% of the formula to as high as 68%. For the five-year period from 2007 through 2011, the legislature funded the same dollar amount of about $10.9 million statewide, but that translated into diminishing percentages over the five-year span. In the last three years, the program has been only 40-55% funded.

The resolution on the Ann Arbor city council’s March 3 agenda would encourage Gov. Rick Snyder, state senator Rebekah Warren (D-District 18), and state representatives Jeff Irwin (D-District 53) and Adam Zemke (D-District 55) to explore creative ways to fund the state’s fire protection grant program for municipalities like Ann Arbor, which host state-owned facilities.

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4:35 p.m. Legistar now reflects the names of those who’ve signed up for public speaking reserved time at the start of the meeting. All 10 slots are taken.

Six people are signed up to speak on the topic of the urban park designation for a portion of the top of the Library Lane parking structure: Odile Hugonot-Haber, Julie Grand, Ingrid Ault, Douglas Kelbaugh, Alan Haber, and Jeff Hayner. Two people are signed up to talk on the public art fund transfer: Lily Au and Margaret Parker. Frank Burdick is signed up to speak on the topic of the funding of the pedestrian safety and access task force.

Alternate speakers tonight are Cliff Douglas on the topic of regulation smoking in some outdoor locations, and Thomas Partridge on the return of public art money to its funds of origin and the airport fence contract amendment.

4:57 p.m. Supplemental materials for background on agenda items are now available. [Staff Answers to Councilmember Questions 3-3-14] [Library Lane Square Footages] [Urban Park Cost Estimates (Liberty Plaza costs incurred by First Martin)]

6:36 p.m. Additional background materials for police chief John Seto’s update are now available: [.pdf Ann Arbor 2013 crime stats] [.pdf of Walk-Drive-Ped-Card]

6:49 p.m. Pre-meeting activity. The scheduled meeting start is 7 p.m. Most evenings the actual starting time is between 7:10 p.m. and 7:15 p.m. Sally Petersen (Ward 2) is signing agendas for high schools students who are here satisfying a course requirement. “Do you know what ward you live in?” she asks. Answer: “Ann Arbor?”

6:53 p.m. Ann Arbor District Library director Josie Parker and AADL board member Jan Barney Newman have arrived. City administrator Steve Powers is here. Parks and recreation manager Colin Smith is here. Jane Lumm (Ward 2) and Sumi Kailasapathy (Ward 1) have arrived. Public art commissioners Bob Miller and John Kotarski are here.

6:54 p.m. Jack Eaton has now arrived, as has public services area administrator Craig Hupy.

6:57 p.m. A report/communication on “downtown plazas” has been added to the mayor’s communication’s slot. Not clear if this will be a presentation, or if it is just a mechanism for attaching this document: [.pdf of background on plazas]

7:09 p.m. Call to order, moment of silence, pledge of allegiance. And we’re off.

7:10 p.m. Roll call of council. All councilmembers are present and correct.

7:11 p.m. Approval of agenda Mayor John Hieftje is adding a slot for Meg Crawley for a recognition of her volunteer work in the city parks.

7:11 p.m. Outcome: The council has approved the agenda.

7:13 p.m. Communications from the city administrator. City administrator Steve Powers is giving an update on pothole requests. This year through February, the city has had 283 pothole complaints compared to 46 last year. This year so far, 251 tons of cold patch have been used. Last year by this time 100 tons had been used. He’s describing the non-motorized transportation planning implementation report.

7:13 p.m. Update from safety services area administrator. Police chief John Seto is addressing the council. Background materials here: [.pdf Ann Arbor 2013 crime stats] [.pdf of Walk-Drive-Ped-Card]

7:14 p.m. Part I crime totals for 2013 were 2,827, down from 3,059 in 2012. Part II crime totals for 2013 were 3,625, down from 3,883 in 2012. Total crimes for 2013 were 6,452, down from 6,942. That’s a 7% drop.

7:18 p.m. Seto is saying that these are not the official numbers, but it’s what the AAPD is reporting to the FBI. The most notable area of decrease was in break-ins, he says. He advises caution when weighing statistics. He notes that there has been a steady reduction in crime since 2002. Seto is giving an update on traffic enforcement since Jan. 9, which is a program that the department is calling “26 Weeks to Safer Streets.” He’s describing an informational flyer that has been formatted to look like a traffic ticket. He reports that people are happy to discover that it’s not a ticket they have to pay.

7:18 p.m. Hieftje tells Seto that the department is doing good work.

7:19 p.m. Introductions. Meg Crawley is being recognized for her volunteer work in the city parks.

7:20 p.m. Public commentary reserved time. This portion of the meeting offers 10 three-minute slots that can be reserved in advance. Preference is given to speakers who want to address the council on an agenda item. [Public commentary general time, with no sign-up required in advance, is offered at the end of the meeting.]

Six people are signed up to speak on the topic of the urban park designation for a portion of the top of the Library Lane parking structure: Odile Hugonot-Haber, Julie Grand, Ingrid Ault, Douglas Kelbaugh, Alan Haber, and Jeff Hayner. Two people are signed up to talk on the public art fund transfer: Lily Au and Margaret Parker. Frank Burdick is signed up to speak on the topic of the funding of the pedestrian safety and access task force.

Alternate speakers tonight are Cliff Douglas on the topic of regulation smoking in some outdoor locations, and Thomas Partridge on the return of public art money to its funds of origin and the airport fence contract amendment.

7:24 p.m. Karen Kerry is the president-elect of the Rotary Club of Ann Arbor. She’s describing what the Rotary Club is. Ann Arbor’s Rotary Club is one of the oldest in the county, and will celebrate its 100th anniversary in 2016. To commemorate that event, the club is committed to raising $250,000 for a universal access playground at Gallup Park.

7:27 p.m. Odile Hugonot-Haber is speaking in favor of an urban park. It’s difficult to imagine a park in the cold weather, she says. Why a park? She answers her own question: Why not a park? She asks the council to imagine some flowers and a nice place to sit – not an urban forest. She’s asking the council for a park, which she calls a simple thing and a simple step.

7:30 p.m. Julie Grand is former chair of the city’s park advisory commission. She says that the resolution about the urban park asks PAC to act against its own recommendations. She’s focusing on recommendations (4) and (8) that PAC adopted on  Oct. 15, 2013, based on work of a subcommittee on downtown parks. [.pdf of 21-page full subcommittee report] The first of those states that additional park space should not be created at the expense of maintenance of existing parks. It puts the cart before the horse, she says.

7:33 p.m. Ingrid Ault is current chair of the park advisory commission. She’s also addressing the resolution on establishing an urban park. She’s reviewing the work of a PAC subcommittee that made a recommendation to PAC that was then forwarded to the city council. PAC’s intent was that their recommendations would be the start of a conversation. She says that PAC does not object to constructing a park on the Library Lot. But she stresses that the PAC recommendations included a clear process. She asks for postponement.

7:35 p.m. Douglas Kelbaugh is former dean of the University of Michigan College of Architecture & Urban Planning. He says that Ann Arbor lacks a good civic plaza. The Library Lot is ideally sited for such a plaza. But three ingredients for a successful plaza are: a sense of enclosure; primarily flat; active edges. Kelbaugh expressed concerns about whether that location at this point has those ingredients.

7:39 p.m. Margaret Parker is former chair of the Ann Arbor public art commission. She says that all but one current city councilmember has said they’re in favor of public art. That’s good, she says, because it shows pride in the community. She says that councilmembers have made the mistake of considering each piece of public art personally. She’s asking the city council to follow through with its own committee’s recommendation, which includes paying a public art administrator.

7:42 p.m. Alan Haber says the issue of an urban park first arose when the city acquired the Y lot and there was a question about what to do with that building. No private enterprise could do as much for Ann Arbor as Ann Arbor residents could do for themselves at that location, Haber says. He says that the city should begin to ask residents to support a park there financially. Patrons and pillars of the community would support it, he says. There can be other buildings, but for the western part of the Library Lot parcel, a park should be constructed, he says.

7:46 p.m. Jeff Hayner says he’s actually intending to talk about the funding for the pedestrian task force, even though the agenda indicates he’s speaking about the urban park. He adds that it’s exciting to hear ideas about public space on the Library Lot. He’s here, though, to ask for some leadership that will save some money for the city. By his reckoning there’s more than $1 million that could be saved. He identifies $77,000 in consulting for the pedestrian task force as one area of savings. On the return of the public art funds, he asks the council to consider eliminating the East Stadium bridges artwork as well as the other art projects.

7:48 p.m. Frank Burdick asks that the council vote no on the funding of the consultant for the pedestrian task force. He says the city already has staff who are competent to facilitate the work of the task force, and he weighs in against hiring Project Innovations to do the work. He expresses dissatisfaction with PI for its work with the wet weather sanitary sewer evaluation study – he serves on a citizens advisory committee for that project.

7:51 p.m. Lily Au tells Hieftje that he’s the mayor and in charge of the city. She explains to him how she does her household budgeting, with mortgage and food as priorities.

7:53 p.m. MC-1 Confirmations. The council is being asked to confirm Jason Morgan as a member of the local officers compensation commission (LOCC). For background on this group, see: “What Do We Pay Ann Arbor’s Mayor?” Morgan is director of government relations at Washtenaw Community College.

7:53 p.m. Outcome: The council has approved Morgan’s appointment.

7:53 p.m. MC-2 Presentation on downtown plazas. [.pdf of background on plazas]

7:57 p.m. Hieftje is giving a presentation on downtown plazas. He thanks Eaton for putting the resolution about the urban plaza on the agenda, saying that he’d been planning to give this presentation several weeks down the road, but he’s decided to move it up, given Eaton’s urban park resolution.

Hieftje is sketching out a walk from the Library Lot down to the greenway or in the opposite direction to the UM Diag. He and Warpehoski have been working with the Allen Creek Greenway Conservancy, he says. Progress was set back a bit when the city did not receive a state grant to develop 721 N. Main. He announced that the city is planning to make a request of the historic district commission to demolish the 415 W. Washington building and to add that property to the greenway.

8:00 p.m. Hieftje says that a park on the Library Lot can be constructed using a developer’s investment. He’s essentially arguing that the city’s financial resources should be leveraged to work with partners – whatever site is considered. He shows a sketch of the Palio Lot as a kind of greenish area.

8:02 p.m. Hieftje calls for improvements to be made to Liberty Plaza.

8:02 p.m. Public hearings. There are no public hearings scheduled tonight.

8:02 p.m. Minutes.

8:03 p.m. Outcome: The council has voted to approve the minutes of its previous meeting.

8:03 p.m. Consent agenda. This is a group of items that are deemed to be routine and are voted on “all in one go.” Contracts for less than $100,000 can be placed on the consent agenda. This meeting’s consent agenda includes:

• CA-1 Airport fence. This is a $17,000 amendment on a contract with the Michigan Dept. of Transportation for a fence and gate project at the Ann Arbor municipal airport. Of that, the city’s portion is $425. The remainder is covered by federal and state funds. The actual project was completed in October 2013.
• CA-2 Larcom building (city hall) light fixtures. The purchase of $28,469 worth of light fixtures for city hall would be from McNaughton McKay Electric Company of Ann Arbor. The new fixtures will replace the original fixtures – which are being removed as part of an asbestos abatement project.
• CA-3 Emergency aggregate (Ellsworth Industries for $44,702). The city had an existing contract with Ellsworth Industries to supply the aggregate material. The staff memo cites the extreme cold during the 2013-2014 winter as causing “a greater than average number, scope and magnitude of water main breaks city-wide.”
• CA-4 Emergency repair at Pinball Pete’s. The emergency purchase order with E.T. MacKenzie was for a water main repair not to exceed $30,000 – on South University at the location of Pinball Pete’s.
• CA-5 Grant application to MDNR for universal access playground at Gallup Park.
• CA-6 Street Closing: Monroe Street Fair. This year’s annual Monroe Street Fair takes places on Saturday, April 5. The section of Monroe Street to be closed is between Tappan and State streets.
• CA-7 Street Closing: Take Back the Night. Take Back the Night is a demonstration against sexual violence. This year’s event begins on April 2 at 7 p.m. in the ballroom of the Michigan Union.

8:03 p.m. Councilmembers can opt to select out any items for separate consideration. Lumm selects out CA-5, the grant application for the universal access playground.

8:04 p.m. CA-5 Grant application to MDNR for playground at Gallup Park. Lumm is acknowledging the Rotary Club’s gift in support of the park. “It’s just phenomenal,” she says, “it’s breathtakingly generous.” Hieftje adds his own remarks of support.

8:05 p.m. Outcome: The council has now voted to approve all items on the consent agenda.

8:05 p.m. C-1 Outdoor smoking ordinance. This proposed ordinance was postponed from the Feb. 3 meeting. It would regulate smoking outside of public buildings and also potentially in areas of some city parks. Chuck Warpehoski (Ward 5), sponsor of the new proposed local law, appeared before the city’s park advisory commission at its Feb. 25 meeting to brief commissioners on the proposal and solicit feedback.

Made punishable under the proposed ordinance through a $50 civil fine would be smoking within 20 feet of: (1) bus stops; (2) entrances, windows and ventilation systems of the Blake Transit Center; and (3) entrances, windows and ventilation systems any city-owned building. The ordinance would also authorize the city administrator to have signs posted designating certain parks or portions of parks as off limits for outdoor smoking, and to increase the distance from entrances to city buildings where outdoor smoking is prohibited. [For additional background, see Outdoor Smoking above.]

8:09 p.m. Warpehoski says that the clerk has forwarded to people a substitute amendment. [We don't have the updated wording.] He characterizes the changes as minor to make the wording more clear.

8:10 p.m. Warpehoski notes that it’s just a first reading. He indicates he’s willing to postpone again, in the context of some information that was provided only just today.

8:12 p.m. Lumm asks Warpehoski what the outcome of the consultation with PAC and the business community had been. He says he’s not moved forward with the consultation with the business community.

8:13 p.m. Lumm asks what the reaction of the Ann Arbor Area Transportation Authority had been. Warpehoski says that the challenge the AAATA had identified was enforcement. But AAATA would like its bus stops to be smoke free.

8:15 p.m. Lumm asks Warpehoski how the areas in public parks would be designated as smoke-free. Kunselman says that he’d had some concerns when he first saw this proposal and he still has them. He doesn’t want people calling 911 to resolve personal space issues – because someone is smoking a cigarette. He can’t support having AAPD chasing people who are smoking cigarettes.

8:17 p.m. Kunselman also says that not all “city employees” should be able to issue citations. He notes that UM went smoke-free, without a penalty. If you work for the UM and you get caught smoking, that could have implications for your job, he allows. He wonders why Washtenaw County passed an ordinance that designates the health department as the enforcer, instead of the sheriff’s office. He thinks it’s because the county didn’t want sheriff’s deputies chasing people for smoking cigarettes.

8:18 p.m. Warpehoski agrees that he doesn’t want people calling 911 about outdoor smoking. He says the parks and recreation manager Colin Smith indicated that he thought it would likely be self-enforced or not.

8:20 p.m. Kunselman is talking about who can issue a ticket. He says the effort needs to be thought out again. If you’re in front of a judge for smoking a cigarette, that’s a problem, he says. He draws a distinction between rudeness and unlawful activity.

8:24 p.m. Anglin is talking about the issue of penalties. He wants to know if being fined under this ordinance would be retained. City attorney Stephen Postema says it would be like any ticket. Anglin asks if it would be a misdemeanor. Postema says it would be a civil infraction. Postema explains what a civil infraction is – not a violation of the criminal code. Briere asks for examples. Powers gives failure to remove snow or ice from a sidewalk to illustrate it.

8:24 p.m. Petersen wants to postpone. She likes the intent, but thinks there should be a better way to enforce it. She wants to give Warpehoski time to sort things out.

8:25 p.m. Warpehoski suggests the first meeting in April as the date to which it could be postponed.

8:28 p.m. Lumm supports postponement, saying that there’s a lot of unanswered questions. She says she doesn’t believe in voting for something at first reading just to get it to second reading. Eaton says that he’s a non-smoker and finds secondary smoke offensive, but has problems with the proposed ordinance. He calls the ordinance next to impossible to enforce –noting it takes maybe seven minutes to smoke a cigarette. He also has concerns about the disparate impact the homeless. He notes that the fine for smoking marijuana is $25. He hopes that the focus can be narrowed to just around public buildings.

8:30 p.m. Taylor won’t support the postponement. He says there’s been a “parade of horribles” about the social consequences, which he doesn’t think are warranted. He wants to see the ordinance move forward to second reading.

8:31 p.m. Warpehoski is complaining that he’d asked councilmembers a month ago if they had any questions and he was only hearing them now.

8:31 p.m. Outcome: The council has voted to postpone the ordinance until April 7, over dissent from Hieftje and Taylor.

8:31 p.m. DC-1 Recommend Ann Arbor Housing Commission’s request for an allocation from the Ann Arbor Affordable Housing Trust Fund. This item was postponed from the council’s Feb. 18 meeting. It would direct the city administrator to prepare for the council’s approval a budget resolution regarding affordable housing. It would allocate $600,000 from the city’s affordable housing trust fund to support the Ann Arbor housing commission’s plan to renovate its properties. That allocation would be contingent on the closing of the sale of the former Y lot to Dennis Dahlmann, as the net proceeds of that sale are to be deposited into the city’s affordable housing trust fund. [For additional background, see Affordable Housing above.]

8:32 p.m. Briere is reviewing the content of the resolution. The city does not yet have the money from the sale of the Y lot, she notes.

8:33 p.m. Lumm notes that her objection at the last meeting was a concern about process. She says that this money is essential to the AAHC’s strategy for rehabilitating its properties.

8:33 p.m. Outcome: The council has voted to direct the preparation of a budget amendment to make an allocation from the affordable housing trust fund to the Ann Arbor housing commission.

8:34 p.m. DC-2 Set timeline, direct preparation for budgeting for public art. This is a resolution that has been altered to remove any provision for transferring Percent for Art money to its funds of origin, and focuses on a transition to the new public art program. It directs the establishment of a public art administration budget for FY 2015 and FY 2016. This resolution was put forward by Sabra Briere (Ward 1) and is co-sponsored by Sally Petersen (Ward 1), Christopher Taylor (Ward 3), Margie Teall (Ward 4) and Chuck Warpehoski (Ward 5). This will need six votes for approval. [For additional background, see Public Art above.]

8:35 p.m. Briere notes that this resolution has been significantly revised since the last time it was in front of the council. It’s a path forward according to how the current ordinance reads, she says. It prevents new projects from being started with pooled Percent for Art projects.

8:36 p.m. Teall says she’ll support the resolution and thanks Briere for doing all the heavy lifting. Petersen says she’ll support it, of course, because she co-sponsored it. This as well as other resolutions on the agenda are important for re-thinking public art in Ann Arbor, she says.

8:39 p.m. Lumm says that she and Eaton, Kailasapathy and Briere had met and agreed to separate out the two issues. She supports returning unspent funds, but she doesn’t support making an ongoing commitment to public art for two years, given other priorities. She doesn’t support the idea of a full-time public art administrator. Streets and sewers should have higher priority, she says. She allows the resolution will probably pass. She says the council should not be making these decisions outside the budget process.

8:42 p.m. Taylor says that law enforcement will get $44.5 million next year, which is 60% of the budget, once the AAATA pass-through is factored out. That reflects an appropriate priority – the commitment is material but modest, he says.

Kunselman says he’ll support this. If the city administrator puts too much money into the public art administration budget, the council can amend that. Kunselman says the council has been talking about public art for a long time. He notes he voted for the original ordinance in 2007. He wants to see some kind of public art program continue.

8:43 p.m. Petersen says that arts and culture are important to the city’s economic development. She says it’s consistent with the council’s priorities. Teall contends that public art was in fact one of the items that the council had identified under the “community livability” priority.

8:45 p.m. Briere says the she and Petersen had attended a breakfast meeting of the Ann Arbor Area Convention & Visitors Bureau and she’d been approached by leaders of the arts community who wanted to make sure she understood the economic impact of art. Briere says that the resolution does not state there must be a full-time art administrator. The resolution will give the council an idea of the budget impact. If the council doesn’t ask for that impact, she notes, it’s not possible to know what that impact will be.

8:48 p.m. Warpehoski says his two goals are to wind down the Percent for Art projects and to see those completed, and to make a transition. Warpehoski tries a moment of levity with Lumm, saying he was trying to imagine what her campaign rallies are like: Less Art! More Cops! Lumm gives him a blank stare. He acknowledges his attempt at light-heartedness has missed the mark and says he’ll stop talking.

8:49 p.m. Kailasapathy and Lumm rebuke Warpehoski for trivializing the issue.

8:51 p.m. Hieftje says he’ll support the resolution. He feels that the public art program will need an administrator. He says public safety is doing well and is a big share of the budget. He allows the roads are a mess but says they will get better. He’s reciting the history of the East Stadium bridges project and how the street millage was reserved for a while in anticipation of the possibility that the city would need to pay for all of the bridge replacement project. He’s reciting standard arguments for public art.

8:53 p.m. Kunselman asks if an administrator has to be hired, or if a “service” could be hired. He draws an analogy to the greenbelt program. He doesn’t think city staff has respect from donors to do fundraising. He calls it a very specialized program.

8:54 p.m. Outcome: The council has voted to approve the resolution over dissent from Anglin, Kailasapathy, Lumm and Eaton. (It required just six votes.)

8:54 p.m. DC-3 Return Percent for Art funds ($943,005). This is a resolution that would return $943,005 in Percent for Art money to its funds of origin – an amount that defunds the art project at Argo Cascades, but keeps funding for the Coleman Jewett memorial and for a project called Canoe Imagine Art. [A previous version of this resolution would have left the Argo Cascades art project funding in place. ]

This resolution was put forward by Jane Lumm (Ward 2) and is co-sponsored by Jack Eaton (Ward 4), Sumi Kailasapathy (Ward 1) and Mike Anglin (Ward 5). This will need eight votes for approval. [For additional background, see Public Art above.]

8:54 p.m. Lumm is reviewing the content of the resolution.

8:57 p.m. Lumm says that the council should make a clean break from the Percent for Art program, which it eliminated on June 3, 2013. She says that if the funds are returned, then she’ll support the contract extension for the part-time public art administrator.

8:57 p.m. Kunselman says he’ll support the resolution and gives kudos to Lumm for tough negotiations. He says public art administration needs to come out of the general fund.

8:59 p.m. Anglin says the history of the art program is well known. Now the city is trying to figure out a different way to fund it. “We’re on a better track if we cut clean and move forward.”

9:01 p.m. Teall won’t support this, because she didn’t see a problem with the Percent for Art funding mechanism. She doesn’t think that the baked-in art approach to capital projects will result in unique projects of the kind that Margaret Parker had described. She feels like the part-time art administrator’s contract is being held hostage.

9:01 p.m. Outcome: The council has voted to return $943,005 in Percent for Art money to its funds of origin, over dissent from Teall.

9:01 p.m. DC-4 Extend contract with part-time public art administrator. This resolution would extend the contract for the part-time public art administrator for six months through June 30, 2014 and allocates $18,500 for that extension. [For additional background, see Public Art above.]

9:02 p.m. Eaton says that it doesn’t need a lot of discussion. He describes the bargain that had been struck.

9:02 p.m. Outcome: The council has voted unanimously to extend the contract with the part-time public art administrator for six months, allocating $18,500 for that purpose and an additional $2,000 for administrative activities.

9:02 p.m. DC-5 Support funding of state fire protection grant. This resolution would encourage Gov. Rick Snyder, state senator Rebekah Warren (D-District 18),and state representatives Jeff Irwin (D-District 53) and Adam Zemke (D-District 55) to explore creative ways to fund the state’s fire protection grant program for municipalities like Ann Arbor, which host state-owned facilities.

In general, the Michigan legislature recognizes that municipalities hosting state-owned institutions face a burden of providing fire protection for such facilities – without receiving property tax revenues to pay for that fire protection. So the legislature enacted a law to award fire protection grants from the state of Michigan – which are dependent on an allocation from the state legislature each year. The allocation is governed by Act 289 of 1977. [.pdf of Act 289 of 1977] The legislature has historically funded the formula defined in the statute at amounts as low as 23% of the formula to as high as 68%. [For additional background, see Fire Protection above.]

9:04 p.m. Lumm says that she sponsored the resolution but notes that it originated with city staff and the city’s lobbyist, Governmental Consultant Services Inc. (GCSI). She reviews the background of the fire protection grant funding.

9:05 p.m. Hieftje says that he’d made a couple of trips to Lansing to stand with other mayors and fire chiefs to ask the state legislature to fund its own formula. He notes that the estimated taxable value of University of Michigan property is around $1 billion.

9:06 p.m. Hieftje hopes this issue gets more traction in Lansing this year.

9:06 p.m. Outcome: The council has voted to approve the resolution calling on state officials to find ways to fund the fire protection grant program.

9:07 p.m. DC-6 Designating urban public park location at Library Lane site. This resolution is sponsored by Jack Eaton (Ward 4), who worked with representatives of the Library Green Conservancy to bring it forward. It’s now also co-sponsored by Jane Lumm (Ward 2), Sumi Kailasapathy (Ward 1) and Mike Anglin (Ward 2). It includes a proposal to reserve about 10,000 square feet on the surface of the Library Lane Structure for an urban park, to be “bounded by the Fifth Avenue sidewalk on the west, the Library Lane Street sidewalk to the south, the western entry to the central elevator to the east, and the southern curb of the service alley on the north.” [.pdf of proposed resolution] [For additional background, see City Assets: Parks – Library Lane Surface? above.]

9:10 p.m. Eaton says he’s pleased to bring this forward as his first resolution as a councilmember. He’s been working with the Library Green Conservancy for several years. He’s recounting the process that PAC had engaged in, saying that 76% of the public had called for more downtown parks. This takes the next “tiny step” in a long process, he says. PAC had made recommendations, and this resolution follows up on that, he notes. This resolution overlaps with the PAC recommendations with respect to a larger-than-5,000 square foot park at the Library Lot. It’s not a huge park that’s recommended, he says – it’s 100 feet by 100 feet.

Kunselman has asked for time to bring forward a companion resolution, Eaton reports.

9:14 p.m. Kunselman says he does want a postponement to have time to meet with some library board members. But more importantly, he wants to list the property for sale. The amount invested for future speculative development is about $15 million, he says. Kunselman reads aloud a part of the city administrator’s commentary on the surface of the Library Lane structure. It essentially describes construction of a public space in concert with the private development of the property. Kunselman says he’s cautious about giving city staff too much to do. So he’s going to ask for postponement. He calls the resolution lengthier than the one designating First & William as a park. As far as he knows, that resolution still stands. So he doesn’t see this resolution as much different from that.

9:15 p.m. Discussion is now unfolding among Kunselman, Eaton, Hieftje, and Powers on the right date to which it should be postponed. The question now in front of the council is postponement until the council’s next meeting.

9:16 p.m. Briere tests the mood of the council for also holding a public hearing on the topic at the next council meeting, on March 17. Eaton doesn’t think it’s necessary.

9:19 p.m. Hieftje advises that the council not pursue a process that results in changing the categorization of the land to a park, as that would require an ordinance change. Hieftje says if the council decides at its next meeting that a public hearing is warranted, it could postpone again and set a public hearing.

9:20 p.m. Hieftje says that it could become a public space accessible to the public but not owned by the city. He notes that the city has a lot of parks. If it were a vote today, Hieftje says he’d have a hard time putting this site ahead of 415 W. Washington. He wants to look at the issue in the context of all the city’s parks.

9:23 p.m. Kunselman says he will be talking to the library board about moving the library over to the surface of the Library Lane structure. He doesn’t think the city will break even on the air rights, given the amount of investment for development that has already been made. He thinks that partnering with a public entity might make more sense.

Petersen highlights the distinction between a park and an urban plaza that Kelbaugh had made during public commentary.

9:25 p.m. Eaton says he doesn’t see a difference between a plaza and a park. Lumm agrees with Eaton. She says there’s a strong sentiment for something that’s not hardscape but agrees with Eaton that they are not park designers.

9:27 p.m. Taylor says that he’ll support the postponement, but asks that PAC be consulted on the resolution. He notes that PAC received the resolution as somewhat of an affront. The boundaries of the space will play a tremendous role, he says. That shouldn’t be set in stone. That could result in a park that can’t work, he says. “It cries for an integrated approach,” he says. He hopes that the postponement can be used as an opportunity to rethink the “dip the Gordian knot in concrete approach” of the resolution.

9:31 p.m. Anglin says that the idea started in concept as a commons. He says it’s important to include the public in the process, and that’s what this resolution is trying to do. The library is the focal point, he says. With the cooperation of the library, something really good could be designed, he thinks.

9:33 p.m. Eaton says that the location of the park was actually set in stone when the council approved the construction of the Library Lane parking structure without knowing what would go on top. The location of the park is dictated by where the support columns were installed. The Library Green Conservancy needs definite boundaries so that it can start fund raising. Eaton ventures that FAR [floor area ratio] premiums could be established in the zoning code for adopting a public park. Briere admonishes Eaton to speak to the postponement.

9:34 p.m. Hieftje says it wouldn’t have made any sense to build the structure without adequate foundations to support building something.

9:36 p.m. Warpehoski says that setting the boundaries is very important. He’s concerned about the northern boundary. He encourages the sponsors of the resolution to consider that. He’s also concerned that the numbers don’t add up for him, in terms of what percent of the surface is being proposed for a park: Is it 20% or 40%?

9:38 p.m. Teall says she hopes during the period of postponement there would be some serious discussion with AADL about what their needs are. She says that the library has considered moving the building to the top of the parking structure and ventures that AADL has concluded it’s not in the AADL’s best interest. She says that if people had energy to put into the existing Liberty Plaza, it could serve the purpose of the community gathering space.

9:39 p.m. Outcome: The council has voted to postpone until March 17 the resolution designating a portion of the Library Lane surface level as an urban park.

9:39 p.m. Recess. We are now in recess.

9:54 p.m. We are back.

9:55 p.m. DC-7 Downtown development liquor license for Takashi Concepts Michigan LLC. This resolution would recommend the award of a special downtown development liquor license to Takashi Concepts Michigan LLC (Slurping Turtle) at the location of the former Borders bookstore on Liberty Street in downtown Ann Arbor.

9:56 p.m. Lumm is describing what a downtown development district license is.

9:56 p.m. Lumm notes the final decision rests with the Michigan Liquor Control Commission.

9:56 p.m. Outcome: The council has voted to approve the recommendation Takashi Concepts be granted a downtown development liquor license.

9:56 p.m. DC-8 Waive attorney-client privilege on assessment issue. This resolution would waive attorney-client privilege on a staff memo about laws governing the assessment of homes. The resolution indicates that the memo addresses the effect that reducing the assessment for one year would have on the property tax assessment for the subsequent year, based on action by the Board of Review and/or the Michigan Tax Tribunal.

9:56 p.m. Eaton asks immediately for a postponement.

9:57 p.m. Outcome: The council has voted to postpone this resolution until March 17, 2014.

10:01 p.m. DC-9 Recommend non-renewal of liquor license for Banfield Bar & Grill. Lumm (Ward 2) explains the background, saying that no one had appeared to represent Banfield’s at the hearing.

10:01 p.m. Outcome: The council has voted to recommend non-renewal of Banfield’s liquor license over dissent from Kunselman.

10:01 p.m. DS-1 Approve contract for rebuilding basketball and tennis courts at Clinton Park. This resolution would approve a $133,843 contract with Best Asphalt to rebuild the tennis and basketball courts at Clinton Park. [For additional background, see City Assets: Parks – Clinton, Gallup above.]

10:01 p.m. Outcome: The council has voted to approve the contract with Best Asphalt for repaving of the courts at Clinton Park.

10:01 p.m. DS-2 Resolution of intent to vacate a strip of land near East Ellsworth Road. This resolution would not vacate the property – a seven-foot-wide strip of land – but rather would authorize notice of the city’s intent to vacate the land. The vacation would be made in exchange for the granting of an easement for non-motorized use.

10:01 p.m. Outcome: The council has voted to make known its intent to vacate the land.

10:01 p.m. DS-3 Approve purchase of 18 Vehicles. Total cost of the 18 vehicles – most of which will be used by the Ann Arbor police department – is $457,393. The staff memo notes that the police vehicles to be purchased will replace vehicles that will have reached either the 80,000-mile or the six-year limit specified in the city’s labor contracts with the Ann Arbor Police Officers Association and the Ann Arbor Police Supervisors. [For additional background, see Additional Vehicles above.]

10:01 p.m. Outcome: The council has voted to approve the vehicle purchase.

10:02 p.m. DS-4 Secondary chiller for Larcom Building. The $160,923 contract for installation of a secondary chiller would go to CSM Mechanical LLC. The existing chiller for city hall is described in the staff memo accompanying the resolution as old, requiring extensive maintenance. Repair is difficult because parts are becoming harder to find.

10:02 p.m. Outcome: The council has voted to approve the purchase of a secondary chiller for the Larcom Building.

10:02 p.m. DS-5 Resolution to approve agreement with Fishbeck, Thompson, Carr & Huber Inc. for general civil engineering services (sanitary sewer, sidewalk design). As part of the same contract to design urgent repairs to the sanitary sewer pipes and structures in Huron Street near the intersections of Glen Street and Zina Pitcher, Fishbeck, Thompson, Carr & Huber Inc. is also being tapped to provide the designs for two sidewalk projects that could ultimately result in special assessments for adjoining property owners – along Barton Drive and along Scio Church Road. Total cost for the sidewalk design is $50,629. The total cost for the contract is $148,176. [For additional background, see Non-Motorized Issues above.]

10:03 p.m. Briere says that residents all over the north side of town have been asking for a sidewalk connection along Barton Drive ever since the boardwalk was constructed.

10:03 p.m. Outcome: The council has voted to approve the contract with Fishbeck, Thompson, Carr & Huber Inc.

10:04 p.m. DS-6 Funding for pedestrian safety task force. This resolution would provide funding for the work of the pedestrian safety and access task force established by the city council late last year, with members appointed in late January. The total amount being appropriated for the task force project budget in the item is $197,250. The stated “estimated $122,500” is the approximate cost of the anticipated staff effort for this project. That includes $77,400 for the professional services agreement with Project Innovations Inc. [For additional background, see Non-Motorized Issues above.]

10:06 p.m. Briere is recalling Kunselman’s comments from earlier in the evening, when he said that it’s easy to direct staff to do things. She wants to postpone this until the first meeting in April. That’s April 7. She ventures that the scope of work might be different by then and the budgeted amount might also be different.

10:09 p.m. Petersen supports the postponement. She says she hopes the task force will meet before April 7. She’s concerned about assigning the task force the task of addressing sidewalk gaps. She also suggests separating out the Project Innovations contract into a separate resolution. Briere says she’s not even sure that the recommendation for an outside consultant will be a part of the proposal when it comes back on April 7. Briere says the task force can meet before this resolution.

Briere identifies Connie Pulcipher as the city staff member who’d support the task force. City administrator Steve Powers weighs in, saying that the staff assignment would be made by staff. He says the resolution is much broader than the sidewalk gaps issue. Briere apologizes, saying she thought Pulcipher had already been identified.

10:11 p.m. Lumm says she’ll support the postponement. But she’s concerned about language in the resolution that indicates that additional funding could be requested in the future.

10:12 p.m. Outcome: The council has voted to postpone the funding for the pedestrian safety task force until April 7, 2014.

10:12 p.m. DS-7 Approve $30,000 for new Ann Arbor-Saline sidewalk construction. This resolution would authorize a $30,000 general fund expenditure to pay for a new sidewalk along the east side of Ann Arbor-Saline Road from the westbound I-94 exit ramp to the north end of the I-94 bridge, and along the west side of Ann Arbor-Saline Road from Brookfield Drive to the Michigan Dept. of Transportation (MDOT) park-and-ride commuter parking lot. [For additional background, see Non-Motorized Issues above.]

10:12 p.m. Outcome: The council has voted to approve the $30,000 for new sidewalk construction on Ann Arbor-Saline Road.

10:12 p.m. DS-8 Accept new sanitary sewer easement at 3150 Boardwalk Drive from JK Ann Arbor Real Estate LLC. This is a standard easement.

10:12 p.m. Outcome: The council has voted to accept the sanitary sewer easement.

10:16 p.m. Communications from council. Briere says at the next council meeting she’ll be bringing forward appointments to the environmental commission (with Anglin). The two people are re-appointments: David Stead and Susan Hutton. She would also like additional applicants. The EC has asked for people with specific expertise. She also wants to highlight the EC work plan in the attachments to the agenda. Briere also highlights that the council has received a report from the R4C/R2A advisory committee. She hopes people will take time to read the report.

10:16 p.m. Petersen notes that March 17, the next meeting, is her husband’s 50th birthday, so she will be late.

10:17 p.m. Warpehoski says he wants to apologize to Lumm for his earlier remarks [about Lumm's campaign rallies], saying his intent was to be playful but the impact had been hurtful, so he wanted to apologize.

10:17 p.m. Public comment general time. There’s no requirement to sign up in advance for this slot for public commentary.

10:18 p.m. Kai Petainen says Ann Arbor is a world-class city. As long as the parking structure is there at the Library Lot, it makes sense to do something. He ventures that the space could be an indoor park.

10:21 p.m. Ed Vielmetti is addressing the council. He’s highlighting items from the clerk’s report. He’s reading aloud from communications sent to the city by elementary school students at Pattengill Elementary School, who complained about the lack of snow plowing near their school. Vielmetti also highlights the 2009 Ann Arbor Downtown Development Authority annual report, which was just now attached to this meeting agenda. He points out a very late set of historic district commission minutes that were attached to this meeting’s agenda.

10:24 p.m. Seth Best thanks the council for their work. He’s there speaking as a smoker. He likes the idea of allowing people to perform community service as an alternative to a fine. He also suggests that punishment could include voluntary smoking cessation intervention.

10:24 p.m. Adjournment. We are now adjourned. That’s all from the hard benches.

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