Ann Arbor Gives Initial OK to Halving Art

At its Nov. 21, 2011 meeting, the Ann Arbor city council gave initial approval to a revision to its public art ordinance that temporarily reduces the amount allocated to public art from all capital project budgets from 1% to 0.5%. Currently, the city has a law (enacted in 2007) that requires 1% of all capital project budgets to include 1% for public art – with a limit of $250,000 per project. An effort by newly elected Jane Lumm (Ward 2) to reduce the allocation even more – to 0.25% – did not gain enough support to win approval.

The reduction in the allocation would apply for the next three years, from 2012-2015. The three-year timeframe is also a key part of a sunsetting amendment to the public art ordinance, which was also given initial approval on Monday night. That amendment requires that future funds reserved for public art under the ordinance must be allocated within three years. Money that is unspent or unallocated after three years must be returned to its fund of origin. However, an amendment offered from the floor and approved at Monday’s meeting makes it possible for the council to extend the deadline for successive periods, each extension for no more than six months.

The sunsetting clause comes in response to criticism about the pace at which public art has been acquired. More than $500,000 has accumulated for public art over the last five years, just from projects funded with the street repair tax – money that has yet to be spent on the acquisition of public art. Critics of the program also point to legal issues connected with the use of dedicated millage funds or fee-based utility funds for public art.

In addition to the temporary reduction from 1% to 0.5% and the sunsetting clause, the set of amendments approved by the council included a definition of capital improvement projects that excludes sidewalk repair from the ordinance requirement. Voters on Nov. 8 approved a new 0.125 mill tax that is supposed to allow the city to take over responsibility for the repair of sidewalks. Previously, sidewalk repair was paid for by adjacent property owners.

The amendments also excluded the ordinance from applying to any capital projects funded out of the general fund. Such projects are rare.

As with all changes to city ordinances, the amendments to the public art ordinance will need a second approval from the council, following a public hearing.

A common approach for councilmembers to take to ordinance revisions is to approve them on first reading, reasoning that it’s important for the public hearing to take place before voting down a proposal. However, on Monday night, the measure was opposed by Tony Derezinski (Ward 2), Margie Teall (Ward 4) and  Mike Anglin (Ward 5). [Additional Chronicle coverage: "Council Preview: Public Art Ordinance"]

This brief was filed from the city council’s chambers on the second floor of city hall, located at 301 E. Huron. A more detailed report will follow: [link]