Stories indexed with the term ‘sidewalk repair millage’

The Oct. 21, 2013 meeting of the Ann Arbor city council is the last one before the Nov. 5 election. After the election, the current group of councilmembers will have just one more meeting, on Nov. 7, before the new council is seated. The agenda the current council faces on Oct. 21 is relatively heavy.

It’s possible that the council might be briefed at the meeting on proposals received by the Oct. 18 deadline for the purchase of the city-owned parcel on William Street between Fourth and Fifth avenues (the former Y lot), but that’s not yet clear. The property had been listed for $4.2 million.

Many of the Oct. 21 items already on the agenda can be divided into three main categories: transportation, the Ann Arbor Downtown Development Authority, and the city’s energy commission.

The council held a work session about transportation on Oct. 14, 2013. Transportation-related items on the Oct. 21 agenda include a resolution that would admit Ypsilanti Township as a member of the Ann Arbor Area Transportation Authority. The specific question to be considered is a revision to the AAATA’s articles of incorporation – which would also expand the number of board members from nine to 10.

A second transportation-related agenda item is a city-led initiative to develop a new train station, with the location to be determined. The existing location, as well as one on Fuller Road near the University of Michigan medical campus, would be among the possibilities. On the council’s agenda is a contract with URS Corp. to conduct an environmental review that would include public engagement, site selection and conceptual design. The council’s authorization would be $824,875, an amount that includes a $63,083 contingency. The city would pay 20% of that, or about $165,000, with the rest covered by a federal grant that has already been awarded by the Federal Rail Authority.

To the extent that pedestrian infrastructure is also part of the city’s transportation system, a transportation-related pair of items would alter the definition of “sidewalk” to include cross-lot walkways. Affected by the change, for example, would be walkways that connect streets with parks or school property. The change would allow for use of sidewalk repair millage funds to repair cross-lot walkways, without triggering the winter maintenance requirement for adjacent property owners.

Finally, the city council will be asked to approve an annual resolution related to wintertime transportation – the purchase of ice control salt for city streets.

Related to the Ann Arbor DDA are three items: (1) reconsideration of the appointment of Al McWilliams to the board of that authority – likely to be confirmed on a re-vote, if reconsideration is approved; (2) final consideration of a change to the city ordinance regulating the DDA’s TIF (tax increment financing) capture – likely to be postponed yet again; and (3) a budget allocation of $280,000 to cover costs associated with replacement of downtown ornamental, pedestrian-scale light poles. The DDA is contributing $300,000 to the cost of the $580,000 project. Some councilmembers think the DDA should pay for the full amount, so the eight-vote majority required for the budget amendment might not be achieved.

The specific size of the majority vote required could also be a factor in one of two agenda items related to the city’s energy commission – the re-appointment of Wayne Appleyard to the commission. The confirmation will need a seven-vote majority under the city charter, because he’s not a city resident. The other energy-related item is an energy commission-recommended resolution – which was previously rejected, reconsidered and postponed by the city council. The resolution would call upon the city’s employee retirement board to divest from fossil fuel companies.

This article includes a more detailed preview of each of these agenda items. More details on other meeting agenda items are available on the city’s online Legistar system. Readers can also follow the live meeting proceedings Monday evening on Channel 16, streamed online by Community Television Network.

The Chronicle will be filing live updates from city council chambers during the meeting, published in this article below the preview material. The meeting is scheduled to start at 7 p.m. [Full Story]

Ann Arbor city council meeting (Oct. 7, 2013): The council’s meeting was bookended with the topic of mayoral appointments to boards and commissions – beginning with a confirmation vote that was not taken at all, and ending with a motion to reconsider a confirmation vote the council had taken at its previous meeting.

The confirmation vote that did not take place was on the appointment of Wayne Appleyard to the city’s energy commission. Although his nomination had been announced at the council’s Sept. 16 meeting, mayor John Hieftje did not move his name forward for a vote on Oct. 7. Appleyard’s appointment would have required a 7-vote majority under the city charter – because he’s not a city resident. With only eight councilmembers in attendance, his confirmation might not have received seven votes. A recent change to the council’s rules put the routine appointments – which the council approved unanimously – near the start of the meeting.

The confirmation vote that was moved for reconsideration at the end of the Oct. 7 meeting was that of Al McWilliams to the board of the Ann Arbor Downtown Development Authority. Midway through the meeting, the council had voted to direct the city attorney to write an opinion on the legal issues surrounding McWilliams’ appointment, which was made on a 6-5 vote at the council’s Sept. 16 meeting.

Under the council’s rules, McWilliams’ appointment appears to have required an 8-vote majority, because his nomination and confirmation came on the same night. That analysis relies on Hieftje’s statement at the council’s Sept. 3 meeting that on that occasion he was withdrawing McWilliams’ nomination. But because no objection to the apparent violation of the council’s rules was raised on Sept. 3, the city attorney’s opinion will likely just establish that a court challenge to the appointment could not be made.

A portion of the minutes of the council’s Sept. 16 meeting – relating to McWilliams’ appointment – was the topic of considerable back and forth, with approval of the minutes coming only after an amendment had been made to change the way some remarks made by Hieftje had been characterized.

The frustration of councilmembers on the losing side of the Sept. 16 vote was evident during deliberations – reflected in Mike Anglin’s (Ward 5) sole vote of dissent against the resolution directing the city attorney to write an opinion. Sumi Kailasapathy (Ward 1) also indicated dissatisfaction that the opinion resolution would not address the public’s interest in due process.

So a few minutes past midnight, after the council’s other business had been dispatched, Chuck Warpehoski (Ward 5) convinced his council colleagues to re-open the agenda for a motion to reconsider the vote on the appointment. Warpehoski had been on the prevailing side of the McWilliams’ confirmation vote. He then moved immediately for postponement until the Oct. 21 meeting and councilmembers supported that motion – so the council will take up the question of reconsideration at that time.

In other business, the council adopted an update to its solid waste plan, but not before amending the plan to remove mention of exploring the possibility of every-other-week trash pickup and pay-as-you-throw options in the future.

The council also considered two items related to hyper-local neighborhood infrastructure issues – cross-lot walkways and traffic calming projects.

Councilmembers gave initial approval to a change in the city’s sidewalk ordinance that would define certain walkways as “sidewalks.” The change will affect cross-lot walkways that connect streets with schools or parks, or streets with other streets. Defining these walkways as  “sidewalks” allows them to be eligible for funds from the sidewalk repair millage, but does not trigger winter maintenance responsibility for adjacent property owners.

The council also approved a budget allocation of $55,000 to fund an additional two traffic calming (speed bump) projects this year. The same resolution directed the funding of three traffic calming projects next year.

Two site plans were approved by the council – one for a Tim Hortons drive-thru on Ann Arbor-Saline road, and another for a Belle Tire on Ellsworth.

A new schedule of liquor license fees was approved by the council. In some cases fees were lowered or eliminated, and in other cases they were raised – to reflect actual city costs in processing. For example, on-premise liquor license annual renewal fees were set at $90, an increase from $50, while fees for new liquor licenses were set at $600, a reduction from $2,500.

The council also approved a grant application to the Rockefeller Foundation for designating Ann Arbor as one of 100 Resilient Cities. While the total amount of funding for the program is identified as $100 million, according to the Rockefeller Foundation, that does not mean that each of the 100 cities would receive $1 million of support if selected. [Full Story]

Local government doesn’t get more pedestrian than sidewalks.

Yet these existing and future slabs of concrete are themselves a constant topic of confusion and controversy: Who’s responsible for repairing the busted slab in front my house? Who’s supposed to shovel snow off the sidewalk in the winter?

Sidewalks also connect up to other equally important if also dull components of local governance – like stormwater management and public art.

So here’s a quick rundown of some specific sidewalk-related issues that the Ann Arbor city council will be considering.

The council’s agenda for Monday, Oct. 7, includes an item on the definition of sidewalks. If an existing walkway meets the definition of a “sidewalk,” then the city bears responsibility for its repair for the duration of the sidewalk repair millage. All other things being equal, the adjacent property owner would be responsible for snow removal in the winter.

The Oct. 7 agenda item focuses on walkways that aren’t really on the “side” of anything – walkways that connect a street to a park or school, or that connect two parallel streets. The city calls them “cross-lot” walkways. If such walkways were added into the definition of “sidewalk” – as the city council is contemplating – then the city would be responsible for repair. That’s a result welcomed by property owners. But it would put the burden for snow removal on those property owners – a less welcome result. That was the sentiment that led the council to postpone final consideration of a change to the definition of “sidewalk” three months ago, on July 1, 2013.

So on Oct. 7, the council will be asked to consider a different approach to that definitional change – one that would allow the so-called “cross-lot” paved pathways to qualify as sidewalks under the city’s ordinance, but not trigger a winter maintenance requirement for adjacent property owners.

The fresh look would mean that the council’s possible action on Oct. 7 would be considered only an initial approval of the ordinance change. Final enactment of the change would require a second vote at a subsequent council meeting. If approved, the ordinance would allow cross-lot paths to be repaired under the city’s sidewalk repair program – funded through the five-year millage approved by Ann Arbor voters in November 2011. That program is noticeable to residents in the form of pink markings that appear on sidewalk slabs – an “R” for replace and a “C” for cutting an out-of-alignment section so that it lines up flush with the next slab.

The millage can pay for repair or replacement of existing slabs of sidewalks, but not for the construction of new sidewalks. So that millage money isn’t available to build a new stretch of sidewalk along the south side of Scio Church Road (or to fill in a smaller gap on the north side) – a section of sidewalk that residents have petitioned the city to build. The petition for a sidewalk there is based on several considerations, including a desire to connect to amenities west of I-94, like the Ice Cube, Wide World of Sports and the Ann Arbor District Library’s Pittsfield branch. It’s also seen as a pedestrian safety issue, because the lack of a sidewalk on one side of the road could induce pedestrians to cross the road at places where motorists don’t expect pedestrians to cross.

The city council authorized $15,000 of general fund money for the study of alternatives along that stretch – alternatives that were presented at a meeting held on Sept. 18 at Lawton Elementary School and attended by about two dozen people. Next up for the city council, likely on Oct. 21, will be a request for a design budget, so that costs of the project can be estimated with more precision.

Among the alternatives that were considered, but not pursued in much detail, was construction of a pathway through Eisenhower Park. That’s where the Washtenaw County water resources commissioner is now recommending that a pair of detention ponds be constructed – to help mitigate overland flooding in the area. That recommendation was presented to a group of about 80 neighbors on Sept. 30 – also held at Lawton Elementary School.

And a fence that that might need to be constructed along the proposed Scio Church sidewalk – to prevent people from falling down the steep incline – received a glancing mention at a recent meeting of the Ann Arbor public art commission. A proposal to fund a public art project that would be integrated into the fence was tabled by the commission at its Sept. 25, 2013 meeting. [Full Story]

For the next two years, many sidewalks within the geographic district of Ann Arbor’s Downtown Development Authority (DDA) will be repaired by the city of Ann Arbor – using funds captured by the DDA from the city’s sidewalk repair millage under its standard tax increment finance (TIF) mechanism.

Voters approved the 1/8 mill sidewalk repair millage in November 2011. The city council resolution placing the question on the ballot that year excluded certain properties inside the DDA district – those that are not one- and two-family houses – from the city’s sidewalk repair program that is funded with the millage proceeds.

The council subsequently enacted an ordinance, on June 4, 2012, that assigns responsibility for sidewalk maintenance and repair to the … [Full Story]