Two pieces of equipment authorized for purchase by the council are used in the repair of water main breaks, which have increased in frequency in recent weeks as the ground moves due to deeper and deeper penetration of frost.

Here’s a sampling of recent water main breaks – from alerts the city of Ann Arbor has sent out:

• Jan. 15: West Madison between Fourth and Fifth
• Jan. 22: Devonshire between Washtenaw and Melrose
• Jan. 28: S. Industrial between Jewett and Eisenhower
• Jan. 28: Yost between Washtenaw and Parkwood
• Jan. 31: Pontiac Trail at Brookside
• Feb. 5: Washtenaw east of Brockman
• Feb. 11: Pauline between Seventh and Stadium

The council approved the $441,535 purchase of a combination sewer truck, which is outfitted with a vacuum device – often used to control water in an excavation during the repair of a water main break.

City of Ann Arbor water main breaks by year. It’s not unusual to have several water main breaks in a given year. (Data from city of Ann Arbor financial records, chart by The Chronicle.)

Also deployed when repairing water main breaks is a hydraulic excavator. The council approved the purchase of this type of equipment for $176,472.

Both of those authorizations are replacements of existing city equipment. According to the memo accompanying the resolution, the combination sewer truck will be procured from Jack Doheny Supplies Inc. It will replace a 2005 truck with 6,685 hours of use. Over the last two years, the truck had broken down and needed repairs 63 times – taking it out of service anywhere from fours hours to more than two weeks each time.

When that truck is unavailable to do water main break repairs, a similar truck used for stormwater system maintenance is re-tasked for water main breaks. But that poses a challenge to keep up with the scheduled preventive maintenance of the stormwater system. And failure to meet the cleaning schedule puts the system at risk for clogging and backing up into structures.

On the hydraulic excavator, the staff memo explains that the John Deere model 135G hydraulic excavator to be purchased will replace a 2002 mini excavator. The primary use for that excavator is for water main repair. The new hydraulic excavator will be able to dig down to 19 feet, which is 7 feet deeper than the 2002 mini excavator. So the larger water mains, which are typically deeper and older, will be reachable. The mini excavator has been in service over 5,350 hours of use and half its total repair costs have accumulated in the last 3.5 years. The old excavator will be sold at the next city auction.

Also approved by the council at its Feb. 18 meeting was the purchase of a new garbage truck for $93,800 from Bell Equipment Company, in Lake Orion, Michigan. It’s a smaller truck – with a 6-yard capacity. It will be used for garbage collection in the city parks, according to the staff memo accompanying the resolution. The new truck will replace a 2002 model with over 14,500 hours of operation. According to the staff memo, in the last three years, 57% of all time spent maintaining the vehicle has been spent on breakdowns while only 14% has been for preventive maintenance. In that three-year period, the cost of breakdown repairs has been more than $78,000, which is more than half of the 13-year lifetime total of $141,480.

Also approved by the council on Feb. 18 was the purchase of two vans – from Red Holman GMC in Oakland County, for a total of $50,320. The vans will be used by the parks and recreation department to shuttle passengers when they start a river trip at one of the cities liveries on the Huron River. The van purchase was recommended by the park advisory commission at its Jan. 28, 2014 meeting. According to a parks staff memo, the city’s current fleet of seven 15-passenger vans was unable to keep up with the increasing shuttle transportation demands for Huron River trips in 2013, following the opening of Argo Cascades. More vans are needed to transport people on these trips, which start at the Argo livery and end at Gallup Park. One van in the fleet needs to be replaced. The van purchase would increase the total van fleet to eight.

Rounding out equipment purchases authorized on Feb. 18 was a $83,208 Bandit model 1990XP diesel engine-powered wood chipper. According to the staff memo, the new model will replace a 2002 wood chipper, which is used for tree removals, tree trimming and storm clean-ups. The unit is a whole-tree chipper – it will process up to 21-inch diameter logs. The chipper to be replaced has been in service for 11 years. It has 4,100 hours of use and 35% of its total repair cost ($74,600) has accrued in the last 2.5 years. The old chipper will be sold at the next city auction.

A final piece of equipment appeared on the council’s Feb. 18 agenda in the form of a grant application the council approved. The $334,140 grant application will be made to the 2013 Assistance to Firefighters Grant (AFG) program of the U.S. Department of Homeland Security – to acquire a mobile training facility to train firefighters. The 48-foot-long unit will allow live fire and tactical simulations. The kind of unit that the grant money, if awarded, would allow the city to purchase is comparable to this: [.pdf of brochure for training unit]

This brief was filed from the city council’s chambers on the second floor of city hall, located at 301 E. Huron.

The council’s Feb. 18, 2014 agenda is highlighted by public art policy issues leftover from its previous meeting, as well as several items related to acquiring various pieces of basic equipment – from a garbage truck to a wood chipper.

The sign on the door to the Ann Arbor city council chamber, installed in the summer of 2013, includes Braille.

The possible acquisition of land is also on the agenda, in the form of a resolution postponed from an earlier meeting. The resolution would exercise the city’s right of first refusal to purchase the 16.7-acre Edwards Brothers Malloy property on South State Street. This process began when the University of Michigan offered to buy the property. An item authorizing the $12.8 million purchase is on the Feb. 20 UM board of regents agenda, based on the assumption that the city won’t exercise its right of first refusal earlier in the week.

In other action, the council will consider an amendment to the city’s public art ordinance for a second and final vote on Feb. 18, having given initial approval to the item on Feb. 3. The ordinance amendment would allow the council to transfer money that accumulated in the public art fund through the (now demised) Percent for Art funding mechanism in previous years. The money would be transferred back to the funds from which it was originally drawn – but that transfer would require a separate council action. To be approved, the ordinance change will need a six-vote majority on the 11-member council. The enactment of an ordinance can be vetoed by the mayor, but a veto can be overridden by an eight-vote majority.

Dependent on the public art ordinance amendment are two competing resolutions that would return money from the public art fund to the funds from which that money was drawn. That includes funds like the sanitary sewer fund and the street millage fund. Based on the Feb. 3 council deliberations, the debate on such a resolution would likely center on the amount to be returned to funds of origin, not the question of returning at least some of the money. And that point of possible disagreement is reflected in the amounts specified in the two resolutions. A resolution sponsored by Jane Lumm (Ward 2), Jack Eaton (Ward 4) and Sumi Kailasapathy (Ward 1) would transfer $819,005 back to the funds of origin.

A resolution added later to the agenda is sponsored by Sabra Briere (Ward 1). Briere’s proposal would eliminate funding for the stalled Argo Cascades art project and would return $957,140 to the funds of origin. Briere’s resolution also directs the city administrator to establish a budget for public art administration for both the 2015 and 2016 fiscal years. [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.]

Either of the two proposed resolutions related to public art funds would require eight votes to pass.

Also expected back from the Feb. 3 agenda is a resolution that was defeated at that meeting – to extend the contract for the part-time public art administrator by six months and to appropriate funds to cover that $18,500 contract. It would need eight votes to pass. The result of the Feb. 3 council vote was that public art administrator Aaron Seagraves cannot currently be paid. The contract is supposed to be back on Feb. 18 for reconsideration – as part of the political bargain among councilmembers on the overall question of how the Percent for Art money that accumulated in the public art fund will be handled.

The council’s Feb. 18 agenda also features several pieces of equipment essential to core services. One of those core services is the repair of water main breaks, which have increased in frequency in recent weeks as the ground moves due to deeper and deeper penetration of frost. The council will be asked to approve the $441,535 purchase of a combination sewer truck, which is outfitted with a vacuum device – often used to control water in an excavation during the repair of a water main break. Also deployed when repairing water main breaks is a hydraulic excavator. So the council will be asked to approve the purchase of one for $176,472. Both of those authorizations are replacements of existing city equipment.

The council will also be asked to approve the purchase of a new garbage truck for $93,800. The purchase of two vans for a total of $50,320 is also on the council’s Feb. 18 agenda. The vans will be used by the parks and recreation staff to shuttle passengers when they start a river trip at one of the cities liveries on the Huron River. Rounding out equipment purchases is a $83,208 wood chipper.

Another piece of equipment shows up on the agenda in the form of a grant application the council is being asked to approve. The $334,140 grant application is being made to the 2013 Assistance to Firefighters Grant (AFG) program of the U.S. Department of Homeland Security – to acquire a mobile training facility to train firefighters. The 48-foot-long unit will allow live fire and tactical simulations.

In addition to the Edwards Brothers deal, several other real estate matters are on the Feb. 18 agenda. The council will be asked to approve the acquisition of development rights for two properties, using funds from the greenbelt millage. The first is a 24-acre parcel just north of the Huron River in Scio Township. The city of Ann Arbor will be contributing $25,200 to the total $84,000 cost of purchasing development rights, with the township contributing the difference. The second greenbelt property on the agenda is a 64-acre property on Zeeb Road, also in Scio Township. For that deal, the city is contributing $39,000 to the total purchase price of $130,335.

Related to land use, council will also be asked to give final approval to the zoning of the Hofmann property on South State Street – to C1 (local business district). The property houses Biercamp Artisan Sausage and Jerky.

On the consent agenda is a contract with MDOT for reimbursement to the city for a portion of the cost to install rectangular rapid flashing beacons at three locations: on Geddes Road at Gallup Park; Fuller Road 400 feet east of Cedar Bend Drive; and on South University Avenue at Tappan Avenue. The city’s cost for the $47,971 project would be $14,179.

This article includes a more detailed preview of many of these agenda items for the Feb. 18 meeting, which was shifted to Tuesday because of the Presidents Day holiday on Monday. More details on other agenda items are available on the city’s online Legistar system. The meeting proceedings can be followed Tuesday evening live 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. 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

Four items related to public art are expected to be handled at the Feb. 18 council meeting: (1) a final vote on an amendment to the city’s public art ordinance; (2) two resolutions enabled by that change, which would transfer money out of the city’s public art fund back to the funds from which the money was drawn; and (3) a resolution extending by six months the contract for the city’s part-time public art administrator and appropriating funds to cover the $18,500 contract extension.

Public Art: Ordinance Amendment

Having given initial approval to an amendment to the city’s public art ordinance at its Feb. 3, 2014 meeting, the council is considering the item for a second and final vote on Feb. 18. The ordinance amendment would allow the council to transfer money that accumulated in the public art fund through the (now demised) Percent for Art funding mechanism in previous years.

The money would be transferred back to the funds from which it was originally drawn – but that transfer would require a separate council action. To be approved, the ordinance change will need a six-vote majority on the 11-member council. The enactment of an ordinance can be vetoed by the mayor, but a veto can be overridden by an eight-vote majority.

This ordinance revision reprises a previous effort to amend the public art ordinance to allow the transfer of money accumulated during previous years of the Percent for Art program to the money’s funds of origin. That unsuccessful effort came eight months ago at the council’s June 3, 2013 meeting. At that meeting, the council did eliminate the Percent for Art funding mechanism from the public art ordinance, and also allowed the most recent year’s accumulation of money to be returned to the funds of origin. The council also returned that most recent year’s worth of funding – $326,464.

The former Percent for Art program required 1% of all capital fund project budgets to be set aside for public art. As a part of the June 3 ordinance change, the council replaced the Percent for Art funding program with a new approach that would allow city staff, working with the public art commission, to identify capital projects suitable for “baking in” art. In addition to city funding of art designed to be an integral part of a specific capital improvement project, the approach envisioned general donations to a public art fund, and public art projects paid for with a combination of public and private funds.

The balance of unassigned funds accrued in the Percent for Art fund as of Jan. 14, 2014 is $839,507. An additional $535,853 is earmarked for three projects that are underway: artwork at East Stadium bridges ($385,709), a rain garden at Kingsley and First ($7,009), and at Argo Cascades ($143,134). [.pdf of financial summary]

Any actual transfer of money would require separate council action.

Public Art: Resolution on Return to Funds of Origin

Dependent on the public art ordinance amendment are two items now on the Feb. 18 agenda. Both are resolutions that would return money from the public art fund to the funds from which the money was drawn. That includes funds like the sanitary sewer fund and the street millage fund. Under the city charter, resolutions like this require eight votes on the 11-member council.

Based on the Feb. 3 council deliberations, the debate on such a resolution would likely center on the amount to be returned to funds of origin, not the question of returning at least some of the money. That’s already reflected in the two competing resolutions. The first is sponsored by Jane Lumm (Ward 2), joined by Jack Eaton (Ward 4) and Sumi Kailasapathy (Ward 1). Lumm’s resolution would transfer $819,005, which would leave $20,500 – which is the total amount needed to fund an extension of the public art administrator’s contract and some additional administrative costs. It would also leave funds for three projects in the works at the following locations : East Stadium bridges, Argo Cascades, and the Kingsley & First rain garden.

A breakdown of the amounts that could be returned – and the funds to which that money would be returned – is covered here: [Art budget summary]

A second resolution transferring money from the public art fund to its funds of origin has now been added to the agenda as well. The second resolution is sponsored by Sabra Briere (Ward 1), and escalates the one initiated by Lumm. Briere’s resolution eliminates funding for the Argo Cascades art project – because the committee making the final selection between two artists has not been able to come to a consensus to move forward with either one of them. So Briere’s resolution would return $957,140, compared to the $819,005 called for in the proposal originally put on the agenda by Lumm.

The $138,135 difference in total amounts for the resolutions falls $5,000 short of the $143,134 cost of the Argo Cascades art project. That’s because Briere’s resolution allows $5,000 of funds to remain for a memorial to Coleman Jewett. The public art commission authorized $5,000 in Percent for Art funds for the project roughly five months ago, at its Sept. 25, 2013 meeting. Jewett was a long-time local educator who died in January 2013. After he retired, he made furniture that he sold at the Ann Arbor farmers market. A private foundation has committed $5,000 to create a memorial at the market, in the form of a bronze replica of one of Jewett’s Adirondack chairs. The current proposal, at a total cost of $15,000 is to create an artwork that includes  two such chairs. The $5,000 from the city plus the match from a private donor leaves a  $5,000 gap to be covered in private fundraising.

Briere’s resolution also calls for the city administrator to direct city staff to develop a transition plan to be implemented by staff and the public art commission, and for that plan to be presented to the council in about a year – before March 2, 2015. Briere’s resolution also calls for no additional projects to be initiated using funds set aside under the former Percent for Art program.

A further highlight of Briere’s resolution is direction to the city administrator to establish a budget for public art administration for both the 2015 and 2016 fiscal years. [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.]

The need for continued funding for arts administration is based on the new approach to the public art program established by the city council in June 2013. That new approach can include city-funded art when it’s designed as an integral part of a capital project, as well as projects funded through a combination of private and public money.

If the issue of the amount to be returned isn’t settled on Feb. 18 and the resolution does not pass in any form, another option would be to take up the question in the context of the annual budget resolution, which is considered at the council’s second meeting in May every year. Under the city charter, the budget resolution as a whole requires seven votes to be approved. But amendments to the budget resolution are subject only to the six-vote majority requirement.

On Feb. 10, the city released a list of budget requests made by department heads for the next fiscal year. And $80,000 from the general fund has been requested to fund a transition from the now defunct Percent for Art funding mechanism to the new public art program. The $80,000 would include compensation for a full-time art administrator for a year. In the meantime, the council will likely again consider a six-month extension of the part-time administrator’s contract at its Feb. 18 meeting.

Public Art: Resolution to Extend Public Art Administrator’s Contract

Also expected back from the Feb. 3 is a resolution that was defeated at that meeting – to extend the contract for the part-time public art administrator by six months and to appropriate funds to cover that $18,500 contract. The result of the Feb. 3 council vote was that public art administrator Aaron Seagraves cannot currently be paid.

The contract will likely be taken up on Feb. 18 for reconsideration – as part of the political bargain among councilmembers on the overall question of how the Percent for Art money that accumulated in the public art fund will be handled. The art administrator’s contract was first considered at the council’s Jan. 21, 2014 meeting, but was postponed in the context of a political horse trade – support for the administrator’s contract being contingent on beginning a process to transfer money accumulated under Percent for Art in previous years, back to the money’s funds of origin.

The conversation between mayor John Hieftje and Jack Eaton (Ward 4) at the council table toward the end of the Feb. 3 meeting indicated that Eaton would be bringing the item back for reconsideration on Feb. 18, provided that public art money was returned to its funds of origin. Only someone who voted on the prevailing side on Feb. 3 could bring back the item for reconsideration. Those councilmembers include Eaton, Lumm, Kailasapathy and Mike Anglin (Ward 5).

Equipment

The Feb. 18 agenda is relatively heavy on items related to acquiring basic equipment: a combination sewer truck, a hydraulic excavator, a garbage truck, two vans, a wood chipper, and a firefighter training unit.

Equipment: Water Main Breaks

The council’s Feb. 18 agenda features several pieces of equipment essential to core services. One of those core services is repair of water main breaks, which have increased in frequency in recent weeks as the ground moves due to deeper and deeper penetration of frost.

Here’s a sampling of recent water main breaks – from alerts the city of Ann Arbor has sent out:

• Jan. 15: West Madison between Fourth and Fifth
• Jan. 22: Devonshire between Washtenaw and Melrose
• Jan. 28: S. Industrial between Jewett and Eisenhower
• Jan. 28: Yost between Washtenaw and Parkwood
• Jan. 31: Pontiac Trail at Brookside
• Feb. 5: Washtenaw east of Brockman
• Feb. 11: Pauline between Seventh and Stadium

The council will be asked to approve the $441,535 purchase of a combination sewer truck, which is outfitted with a vacuum device – often used to control water in an excavation during the repair of a water main break.

City of Ann Arbor water main breaks by year. It’s not unusual to have several water main breaks in a given year. (Data from city of Ann Arbor financial records, chart by The Chronicle)

Also deployed when repairing water main breaks is a hydraulic excavator. The council will be asked to approve the purchase of this type of equipment for $176,472. Both of those authorizations are replacements of existing city equipment.

In more detail, according to the memo accompanying the resolution, the combination sewer truck is to be procured from Jack Doheny Supplies Inc. It will replace a 2005 truck with 6,685 hours of use. Over the last two years, the truck had broken down and needed repairs 63 times – taking it out of service anywhere from fours hours to more than two weeks each time.

When that truck is unavailable to do water main break repairs, a similar truck used for stormwater system maintenance is re-tasked for water main breaks. But that poses a challenge to keep up with the scheduled preventive maintenance of the stormwater system. And failure to meet the cleaning schedule puts the system at risk for clogging and backing up into structures.

On the hydraulic excavator, the staff memo explains that the John Deere model 135G hydraulic excavator to be purchased will replace a 2002 mini excavator. The primary use for that excavator is for water main repair.

The new hydraulic excavator will be able to dig down to 19 feet, which is 7 feet deeper than the 2002 mini excavator. So the larger water mains, which are typically deeper and older, will be reachable.

The mini excavator has been in service over 5,350 hours of use and half its total repair costs have accumulated in the last 3.5 years. The old excavator will be sold at the next city auction.

Equipment: Garbage Truck

The council will also be asked to approve the purchase of a new garbage truck for $93,800 from Bell Equipment Company, in Lake Orion, Michigan. It’s a smaller truck – with a 6-yard capacity. It will be used for garbage collection in the city parks, according to the staff memo accompanying the resolution.

The new truck will replace a 2002 model with over 14,500 hours of operation. According to the staff memo, in the last three years, 57% of all time spent maintaining the vehicle has been spent on breakdowns while only 14% has been for preventive maintenance. In that three-year period, the cost of breakdown repairs has been more than $78,000, which is more than half of the 13-year lifetime total of $141,480.

Equipment: Vans

The purchase of two vans – from Red Holman GMC in Oakland County, for a total of $50,320 – is also on the council’s Feb. 18 agenda. The vans will be used by the parks and recreation staff to shuttle passengers when they start a river trip at one of the cities liveries on the Huron River. The van purchase was recommended by the park advisory commission at its Jan. 28, 2014 meeting.

According to a parks staff memo, the city’s current fleet of seven 15-passenger vans was unable to keep up with the increasing shuttle transportation demands for Huron River trips in 2013, following the opening of Argo Cascades. More vans are needed to transport people on these trips, which start at the Argo livery and end at Gallup Park. One van in the fleet needs to be replaced. The van purchase would increase the total van fleet to eight.

Equipment: Wood Chipper

Rounding out equipment purchases is a $83,208 Bandit model 1990XP diesel engine-powered wood chipper. According to the staff memo, the new model will replace a 2002 wood chipper, which is used for tree removals, tree trimming and storm clean-ups. The unit is a whole-tree chipper – it will process up to 21-inch diameter logs.

The chipper to be replaced has been in service for 11 years. It has 4,100 hours of use and 35% of its total repair cost ($74,600) has accrued in the last 2.5 years. The old chipper will be sold at the next city auction.

Equipment: Firefighting Simulator

Another piece of equipment shows up on the agenda in the form of a grant application the council is being asked to approve. The $334,140 grant application is being made to the 2013 Assistance to Firefighters Grant (AFG) program of the U.S. Department of Homeland Security – to acquire a mobile training facility to train firefighters. The 48-foot-long unit will allow live fire and tactical simulations. The kind of unit that the grant money, if awarded, would allow the city to purchase is comparable to this: [.pdf of brochure for training unit]

Land

The council’s Feb. 18 agenda features several land and land use items: two greenbelt properties; a green streets policy; a zoning issue; and the possible exercise of the city’s right of first refusal on the Edwards Brothers Mallow property on South State Street.

Land: Greenbelt

The council will be asked to approve the acquisition of development rights for two properties, using funds from the city’s open space and parkland preservation millage. The first is a 24-acre parcel just north of the Huron River in Scio Township. The city of Ann Arbor, through its greenbelt program, will be contributing $25,200 to the total $84,000 cost of purchasing development rights, with the township contributing the difference. The deal was recommended by the Ann Arbor greenbelt advisory commission at its Jan. 2, 2014 meeting.

Property owned by Thomas E. and Eleanor S. Moore in Scio Township. The Moores applied to the Scio Township Land Preservation program. The city is partnering with the township on the deal.

The second greenbelt property on the agenda is a 64-acre property on Zeeb Road, also in Scio Township. For that deal, the city is contributing $39,000 to the total purchase price of $130,335. The city’s greenbelt advisory commission recommended moving ahead with this deal at its Nov. 7, 2013 meeting.

Property owned by Maria E. White in Scio Township. White applied to the Scio Township Land Preservation program and the city of Ann Arbor is partnering with the township on the issue.

Land: Green Streets

On the council’s agenda is a policy item related to land: infiltration standards to be followed whenever a city street is reconstructed. The “green streets” policy initiative came at the direction of the city council in a July 2, 2012 resolution.

Land: Hofmann Rezoning

Related to land use, council will be asked to give final approval to the zoning of the Hofmann property on South State Street – to C1 (local business district). The property houses Biercamp Artisan Sausage and Jerky. The council gave initial approval to the zoning at its Jan. 21, 2014 meeting.

The two parcels in question – just south of Stimson and the Produce Station – are owned by Stefan Hofmann. The site at 1645 S. State is used for storage. In addition to housing Biercamp, the parcel at 1643 S. State also includes an auto repair shop and furniture manufacturer, which is primarily a woodworking shop.

The zoning for these parcels, which were annexed into the city from Ann Arbor Township in 2011, has previously been considered by the planning commission and the city council. That was when Biercamp owners Walt Hansen and Hannah Cheadle wanted to zone the property C3 (fringe commercial district), so their business could sell a wider variety of merchandise, including products not made on site.

When the property was annexed into the city from the township, the site had been zoned by the township for light industrial. The closest equivalent in the city’s zoning code was M-1 (limited industrial zoning). The city’s master plan – prior to the adoption of the South State Street corridor plan – called for light industrial zoning in that area, but M-1 zoning would only allow for retail space to occupy 20% of the building’s floor area, to sell products made on-site.

At its Sept. 8, 2011 meeting, the planning commission unanimously recommended denial of that C3 zoning request, based on the proposed zoning being inconsistent with the city’s master plan. The request was then made directly to the city council, which also denied the request at a meeting on Feb. 21, 2012.

At the time, planning commissioners also were advocating for a broader study of the State Street corridor. That study was subsequently completed, and on July 15, 2013, the city council adopted the South State Street corridor plan as an amendment to the master plan’s land use element.

According to a staff memo, the adoption of the corridor plan into the city’s master plan prompted city planning staff to initiate the current zoning request. The C1 zoning is consistent with recommendations in the master plan, which calls for a mixed-use neighborhood retail center in that area to serve the Yost and Burns Park neighborhoods.

C1 is a more restrictive type of zoning than C3, primarily related to limits on the size of a business. No drive-thru restaurants are allowed in C1 districts, and there’s an 8,000-square-foot limit on the size of a business, for example. There is no restriction in either C1 or C3 that limits the products sold to those that are made on-site.

The city’s planning commission recommended C1 zoning for these parcels at its Dec. 17, 2013 meeting.

During council deliberations on Jan. 21, Chuck Warpehoski (Ward 5) noted that the staff memo gave the historical perspective, but he hadn’t been sure if the proposal met Biercamp’s needs. Warpehoski told other councilmembers that the Biercamp owners are supportive of the C-1 zoning.

Land: Edwards Brothers Malloy Property

A resolution postponed from the council’s Feb. 3 meeting would approve the city’s exercise of its right of first refusal on the 16.7-acre Edwards Brothers Malloy property. The University of Michigan has offered $12.8 million for the land, and a resolution to authorize that purchase is on the Feb. 20 agenda of the UM board of regents. A UM staff memo notes that the site is “strategically located next to the Donald R. Shepherd Women’s Gymnastic Center, Varsity Tennis Center, and Bahna Wrestling Center and contiguous to other University of Michigan property…”

The council had on Feb. 3 postponed the item “to our next meeting” – which at that time was scheduled for Feb. 18. But subsequently a special meeting was called for Feb. 10 to consider the question. That special meeting was then cancelled.

The Feb. 18 resolution would approve the exercise of the city’s right of first refusal, appropriate necessary funds, and direct the city administrator to notify Edward Brothers Malloy about the exercise of the city’s right. The agenda item contained no other background information.

At its Jan. 6, 2014 meeting, the council had directed the city administrator and the city attorney to explore options and gather information about the Edwards Brothers land. The due date for that gathering of information was specified in the council’s resolution as Jan. 30 – the same day that the land-purchase item was added to the Feb. 3 agenda.

At its meeting on Jan. 21, 2014, the council approved without discussion a $25,550 contract with Atwell LLC for environmental site assessment services on the property. That assessment included a survey of asbestos-containing materials.

The pending sale of the property to UM was announced in a Nov. 27, 2013 press release. The business – a fourth-generation Ann Arbor publishing and printing firm – had signaled its intent to put the property on the market in late July.

The city’s right of first refusal on the property was a condition of a tax abatement granted by the city council three years ago, on Jan. 18, 2011. Purchase by the university would remove the property from the tax rolls. Washtenaw County records show the taxable value of the property at just over $3 million. In 2013, Edwards Brothers paid a total of $182,213 in real property taxes, not all of which is the city’s levy. The total city levy of 16.45 mills on $3 million of taxable value works out to about $50,000.

According to the tax abatement agreement, the event triggering the city’s 60-day right-of-first-refusal window is a formal notification to the city by Edwards Brothers, which was made on Nov. 27, 2013. The council will still be within the 60-day window when it votes at its Feb. 18 meeting.

The resolution the council will be taking up on Feb. 18 requires an eight-vote majority on the 11-member council – because the resolution changes the city budget and involves a purchase of real estate.

Rectangular Rapid Flashing Beacons

On the Feb. 18 consent agenda is  a contract with the Michigan Dept. of Transportation for reimbursement to the city for a portion of the cost to install rectangular rapid flashing beacons at three locations: on Geddes Road at Gallup Park; Fuller Road 400 feet east of Cedar Bend Drive; and on South University Avenue at Tappan Avenue. The city’s cost for the $47,971 project would be $14,179.

According to the staff memo accompanying the resolution, part of the rationale for the choice of locations is “a history of pedestrian crashes that made them candidates for safety grant funding.” Responding to an emailed request from The Chronicle, city engineer Patrick Cawley provided the following accident history for the locations:

• Fuller Road (2) on May 13, 2009 and Feb. 11, 2010.
• S. University (3) on Feb. 7, 2006, Nov. 24, 2007, and Sept. 8, 2008.
• Geddes (1 involving a bicyclist) on Feb. 9, 2008.

Road Salt

Also on the agenda is a resolution to approve purchase of additional ice-control salt. Based on the $47,200 amount to be appropriated, and the $36.23 price per ton, the council will be authorizing the purchase of roughly 1,300 tons of additional salt.

A city staff estimate provided to The Chronicle puts the amount of salt used so far this season – through early February – at about 6,600 tons. That’s roughly at least as much or more than has been used in each of the previous five winter seasons. If the city uses all of the additional salt to be purchased – bringing this season’s total to about 7,900 tons – that would approach the maximum amount of salt used by the city over the last seven seasons. In the 2007-2008 season, the city of Ann Arbor used 8,500 tons of salt on its roads.

Ice-control salt usage in the city of Ann Arbor by year. (Data from the city of Ann Arbor. Chart by The Chronicle.)

According to a staff memo accompanying the resolution, the city’s snowplow equipment uses “electronically calibrated spreader controls” to keep the amount of salt used to the minimum amount that is still consistent with traffic safety. The price the city is paying for the salt to be authorized on Feb. 18 is established through a state of Michigan’s MIDEAL program. According to the staff memo, the cost for purchasing additional material on the open market would be about $140, or nearly four times as much as under the MIDEAL program.

3:37 p.m. City staff responses to city councilmember questions are now available: [Feb. 18, 2014 responses to agenda questions]

4:09 p.m. Additional information on the Edwards Brothers land sale is now available: [Edwards Brothers Chart][Additional Offer for Edwards Brothers 2-18-14][Memo to Council]

4:53 p.m. From the due diligence memo: “The analysis shows that there is a possible negative impact in every scenario, except where the benefit of the taxes to all taxing jurisdictions is taken into account. Also, we note that if the City is unable to recoup the $4.5 million of General Fund balance that is assumed will be used to finance the acquisition of the site, the General Fund balance would fall to the 9% to 10% of expenditure range from the existing 14% to 15% range.” Indications are that the council will have two resolutions to choose from – one waiving the right of first refusal and another exercising it.

6:38 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. Chambers are relatively quiet. Four members of the audience have arrived. No councilmembers or staff are in chambers.

7:04 p.m. Nearly everyone is here. We’re settling in.

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

7:10 p.m. Roll call of council. All councilmembers except for Christopher Taylor (Ward 3) are present and correct.

7:11 p.m. Approval of agenda. Jack Eaton wants DC-2 (the return of Percent for Art funds and timeline, sponsored by Sabra Briere) to be heard before DC-1 (return uncommitted public art funds, sponsored by Eaton, Jane Lumm, Sumi Kailasapathy and Mike Anglin). Briere wants DC-3 (a resolution to recommend the Ann Arbor Housing Commission’s request for an allocation from the Ann Arbor Affordable Housing Trust Fund) until just after the consent agenda.

7:11 p.m. Outcome: The council has approved its agenda as amended.

7:12 p.m. Communications from the city administrator. City administrator Steve Powers is highlighting the street closures on the consent agenda that are signs of spring – street closures for art fair and the Ann Arbor marathon.

7:13 p.m. Powers encourages people to help clear out storm drains as the snow melts. The frost is down to about four feet, he says. A hard rain would be problematic. The city released a map of all catch basin locations today.

7:13 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.]

Tonight’s lineup for reserved time speaking includes four people speaking on public art topics: Margaret Parker (former Ann Arbor public art commission chair), Bob Miller (current AAPAC chair), Dave Olson and Mary Underwood.

Rita Loch-Caruso is signed up to talk about the green streets policy. And Thomas Partridge is signed up to talk about a more racially and politically just Michigan.

7:17 p.m. Margaret Parker is now at the podium. She introduces herself as co-owner of Downtown Home & Garden. She recalls her longtime service on the public art commission. The set-aside from sanitary sewer and stormwater funds was originally meant to convey the city’s pride in those systems. She refers to “negative city councilmembers” who say no to everything. To some councilmembers that say they’re for public art, she asks, “Who can believe you?” She tells the councilmembers that as an “act of good faith” the funds should be left in place. She ventures that transferring the money out would allow Ann Arbor to grab the headlines as a “reactionary art-phobic city” that destroyed its public art program.

7:19 p.m. Bob Miller introduces himself as the current chair of the public art commission. “We represent your goals and direction,” he says. Two projects are jeopardized by the process, he says: Canoe Imagine Art and the Coleman Jewett memorial chair. Both projects now have matching funds that are at risk, Miller says. Those projects are important to AAPAC, he says. He says that he’s proud of the work done at the wastewater treatment plant. Those who work at those various facilities are proud of their work and public art can celebrate their work, he says.

7:23 p.m. Dave Olson tells the council he lives in Water Hill near Fountain Street. He’s reading aloud from a statement that has been circulated in the arts community. It describes people as “alarmed” at council’s recent actions. Failing to fund a transition is one significant criticism in the statement. He and others are advocating for a real sustainable art program. The statement is signed by roughly 25 people, all of whom support the statement, he says. He tells the council their actions have alienated the arts community. He doesn’t want to miss the opportunity to work together.

7:26 p.m. Rita Loch-Caruso is addressing the council as a member of the water committee of the environmental commission. She’s supporting the green streets policy that’s on the agenda. The policy will improve water quality as well as help control runoff, she says. Why focus on streets? She tells the council that streets make up 26% of total impervious surface area in the city, but contribute 54% of stormwater runoff. The requirements in the policy are consistent with the city’s stormwater permit as well as with new county rules that are pending. She calls it a forward-thinking policy. She thanks the other members of the committee and various city staff.

7:29 p.m. Thomas Partridge introduces himself as a recent candidate for various public offices. He calls on the council to create a more racially and politically just society in Michigan. He calls for expanding affordable housing in the city. Partridge says the public art issue should be postponed to give time for cooler heads to come forward to solve this problem.

7:33 p.m. Mary Underwood says that she’s a member of the arts community, but asks that some of the money be returned to the funds of origin. She points to the reduction in city staff levels and the resulting reduction in services. She recalls in a earlier era getting excellent service regarding a dying maple tree. She laments the loss of other employees over the years in the context of the part-time public art administrator’s position.

7:35 p.m. Communications from council. This is the first of three slots on the agenda for council communications. It’s a time when councilmembers can report out from boards, commissions and task forces on which they serve. They can also alert their colleagues to proposals they might be bringing forward in the near future.

7:36 p.m. Stephen Kunselman (Ward 3) is talking about an article published in The Ann Arbor Observer. He’s reading aloud a paragraph from the original article about the filing of TIF (tax increment financing) reports by the Ann Arbor Downtown Development Authority. Kunselman then reads the correction to the December 2013 article. But Kunselman is contending that the correction is also mistaken. So Kunselman wrote an email to city administrator Steve Powers about the issue. [Kunselman is pointing out the history that the DDA did not submit some TIF annual reports before 2011. He is referring at least in part to the DDA annual reports for 2003, 2008, 2009 recorded in Legistar as filed in 2011. Kunselman asks that Powers correct the public record. Powers says that he'd be happy to share his statement with anyone who'd like it.

7:39 p.m. Sabra Briere (Ward 1) is announcing a neighborhood meeting for the Barton Drive sidewalk and Northside traffic calming project. It's on Feb. 25 at 6:30 p.m. at Northside Elementary School, 912 Barton Drive. Sally Petersen (Ward 2) says she has good news to share: a $250,000 contribution from the Rotary Club of Ann Arbor to fund a universal access playground at Gallup Park.

7:41 p.m. Mike Anglin (Ward 5) is raising the issue of special assessments for construction of sidewalks, to help low-income residents. It's something we should think about as a community, he says.

7:43 p.m. Jane Lumm (Ward 2) is talking about the number of broken water mains. She relates how Kunselman was out walking his dog and had seen a water main break; Kunselman had called 911, she says. She asks what people are supposed to do.

7:46 p.m. City administrator Steve Powers calls public services area administrator Craig Hupy to the podium: 994-2840 is the number to call for a water main issues, he says. It's hard to tell sometimes the difference between puddling and an actual leak, he says. But if there's water spurting up, then that's probably a break.

7:46 p.m. Eaton says that on Feb. 14, the city attorney had circulated a confidential memo on property assessments, which Eaton would be asking the council to waive privilege on at its next meeting. Following up on Hupy's information, Eaton mentions that ArborWiki has a handy page with all the emergency numbers.

7:46 p.m. Mayor John Hieftje calls for the city to come together to clear the walks as the weather thaws.

7:47 p.m. Nominations. Being nominated by mayor John Hieftje tonight to serve on the local officers compensation commission (LOCC) is Jason Morgan. For background on this group, see: "What Do We Pay Ann Arbor's Mayor?" The council will vote on the confirmation at its next meeting. Morgan is director of government relations at Washtenaw Community College.

7:49 p.m. Kunselman raised his hand on this, but wasn't called on. Now he's called on. He's asking about the start of the term on the LOCC appointment, which is October 2014. Hieftje allows that it's odd. But it's a matter of getting all the appointments back to their proper timing, he says.

7:49 p.m. Public hearings. All the public hearings are grouped together during this section of the meeting. Action on the related items comes later in the meeting. Two public hearings are on the agenda: (1) the zoning of the Hofmann property on South State Street; and (2) the amendment of the public art ordinance.

The zoning item would give final approval to the zoning of the Hofmann property on South State Street – to C1 (local business district). The property houses Biercamp Artisan Sausage and Jerky. [For additional background, see Land: Hofmann Rezoning above.] The public art ordinance amendment would allow the council to transfer money that accumulated in the public art fund through the (now demised) Percent for Art funding mechanism in previous years. The money would be transferred back to the funds from which it was originally drawn – but that transfer would require a separate council action. [For additional background, see Public Art above.]

7:49 p.m. PH-1 Hofmann zoning. Thomas Partridge is calling for rezoning to be approved only if access is provided to all members of the community to the property.

7:52 p.m. That’s all for this public hearing.

7:55 p.m. PH-2 Amend public art ordinance. Thomas Partridge notes that the public art issue has been coming before the council repeatedly and has been a divisive topic. Why? he asks. Public art is a treasure. Why can’t the mayor and council initiate a “cease fire,” a “detente” by postponing the question tonight. That would allow cooler heads to prevail, he says. Why does there have to be an art commission just for Ann Arbor? Why isn’t there a Washtenaw County or region-wide public art commission?

7:56 p.m. And that’s it for this public hearing.

7:56 p.m. Minutes. Outcome: The council has approved the minutes from its previous meeting.

7:56 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 Transfer responsibility for billing of water, sanitary sewer, and stormwater service from the public services area to the city treasurer. The city code explicitly allows for this: “Billing for water service, sanitary sewer service, and stormwater service shall be the responsibility of the Public Services Area of the City, but the Council may, by resolution, transfer such responsibility to the City Treasurer.”
• CA-2 Approve a purchase order for AutoDesk engineering design and drafting software licensing status upgrade ($24,431). This is an update. From the staff memo: “Environmental and infrastructure management planning issues and the upkeep of critical City infrastructure is improved through use of engineering design and drafting software.”
• CA-3 Revise and approve board of review guidelines for poverty exemptions. From the staff memo, maximum income levels range from $19,500 for one person to $54,500 for eight people.
• CA-4 Approve street closings for Ann Arbor Marathon. The marathon takes place March 30, 2014. The map of street closings is here: [.pdf of map of street closings]
• CA-5 Approve street closings for 2014 Ann Arbor art fairs. The fairs take place from July 15 through July 20. The map of street closures is here: [.pdf of map of art fairs street closings]
• CA-6 Approve purchase of one 6-yard rear loading garbage truck ($93,800). The 6-yard capacity truck would be purchased from Bell Equipment Company, in Lake Orion, Michigan. It will be used for garbage collection in the city parks, according to the staff memo accompanying the resolution. [For additional background, see Equipment: Garbage Truck above.]
• CA-7 Approve purchase of a wood chipper ($83,208). The chipper is a Bandit model 1990XP diesel engine-powered wood chipper. According to the staff memo, the new model will replace a 2002 wood chipper, which is used for tree removals, tree trimming and storm clean-ups. [For additional background, see Equipment: Wood Chipper above.]
• CA-8 Approve purchase of two 15-passenger vans ($50,320). The vans will be used by the parks and recreation department to shuttle passengers when they start a river trip at one of the cities liveries on the Huron River. [For additional background, see Equipment: Vans above.]
• CA-9 Approve agreement with the MDOT for installation of rectangular rapid flashing beacons ($47,971). This is a contract with MDOT for reimbursement to the city for a portion of the cost to install rectangular rapid flashing beacons at three locations: on Geddes Road at Gallup Park; Fuller Road 400 feet east of Cedar Bend Drive; and on South University Avenue at Tappan Avenue. The city’s cost for the $47,971 project would be $14,179. Part of the rationale for the choice of locations is “a history of pedestrian crashes that made them candidates for safety grant funding.” [For additional background, see Rectangular Rapid Flashing Beacons above.]

7:57 p.m. Outcome: The council has approved the consent agenda, without pulling out any of them for separate consideration.

7:57 p.m. DC-3 Recommend Ann Arbor Housing Commission request. Background to this resolution includes a city council decision made on Dec. 16, 2003 to allocate the full net proceeds of the pending sale of the former Y lot to the affordable housing trust fund. That amount is almost $1.4 million. Background also includes an Ann Arbor housing conversion initiative to convert its properties to ownership through a private-public partnership – with a goal of putting those properties on a financially stable foundation for the longer term.

For the shorter term, that AAHC initiative requires investment in capital repairs. The AAHC has asked the city and the Ann Arbor Downtown Development Authority to contribute $600,000 each to the shorter-term effort. At a meeting of the DDA partnerships committee on Feb. 12, the request was reportedly met with a somewhat lukewarm reception, as DDA board members were interested in possibly making a contribution in installments. The DDA is also keen to see its contribution matched by the city. The resolution on the council agenda directs the city administrator to prepare a budget amendment for the allocation of $600,000 from the affordable housing trust fund for the first phase of the Ann Arbor housing commission’s plan and to place that resolution on the agenda when the city receives the proceeds of the old Y lot sale.

7:59 p.m. Briere is reviewing the content of the resolution, which comes as a result of an Ann Arbor housing & human services advisory board resolution approved last week. It does not change the budget, but directs the city administrator to prepare a budget amendment when the old Y lot is sold. Briere says that AAHAC does not need the money in their hands but needs to know that the money can be in their hands by the end of March.

8:01 p.m. Briere notes that it’s a notional approval.

8:01 p.m. Eaton moves for postponement. Lumm offers her take on the result of the HHSAB meeting. She’s concerned about the process. She and Briere both attended the HHSAB meeting. She felt the HHSAB board’s consensus was that it wasn’t essential that the item be on the council’s agenda tonight.

8:03 p.m. Lumm also objects to the fact that the item was placed on the agenda after close of business on Friday. Margie Teall (Ward 4) says she sees no reason why the item has to be postponed. If the council moves ahead on this, that will ensure that the DDA also moves ahead, she says.

8:06 p.m. Hieftje asks Teall as liaison to the AAHAC about the RAD conversion. It’s an urgent project, he says. Hieftje says that the agenda item was actually in on time. Lumm disputes that. Hieftje notes that it’s actually possible to add an item at any time. He says it doesn’t actually do anything but is still important. Lumm says that everything that Hieftje wants to happen can happen at the next meeting, on March 3. Lumm appeals to the notion of good behavior by councilmembers towards each other.

8:07 p.m. Briere says that she and Lumm had a different understanding of the outcome of the HHSAB meeting. She says that Lumm had missed the fact that Briere had indicated she was going to bring the resolution forward. Briere reviews the exact timing of her submission of the item. She allows that Lumm is correct that it isn’t an emergency. She notes that the council had a long three-day weekend to review it.

8:08 p.m. Eaton calls it a simple request for courtesy. It would establish the respect that councilmembers talked about earlier in the year.

8:11 p.m. Teall calls the mission of the AAHAC is much more important than the fact that someone got their toes stepped on. Kunselman recalls that he had thought he submitted an item by 5 p.m. on the Fuller Road MOU (memorandum of understanding) but hadn’t and so he had agreed to postpone out of courtesy. Kunselman raises the question of whether the council is posturing for the DDA. He’s concerned that the DDA will only be able to contribute to Miller Manor and Baker Commons. So that might be a reason for the DDA to vote first on the issue. Is the DDA going to wait for the council? asks Kunselman.

8:13 p.m. Powers tells Kunselman that the DDA as a whole board does not yet have a position. Kunselman ventures that Powers could get clarification about what the DDA’s position is – because Powers sits on the DDA board. He asks Powers to convey to the other DDA board members that he doesn’t think it’s suitable for the DDA to hold the AAHC hostage.

8:14 p.m. Briere reviews how the whole DDA board doesn’t meet until March 5. The council meets on March 3. Briere reviews how she’d asked Lumm to co-sponsor this resolution.

8:16 p.m. Warpehoski asks Jennifer Hall, executive director of the AAHC, to the podium. She tells Warpehoski that he’s put her in the middle of a ping pong match. She stresses that she’s focused on getting the rehabilitation project done. She reviews Phase 1. About $1 million from the federal Home Loan Bank that AAHC had hoped to get did not materialize, she says. They were placed on an alternate list. About the DDA and the city, she says, “I don’t really care who goes first.”

8:18 p.m. Outcome: The council has voted postpone the item. Voting for postponement were Kailasapathy, Petersen, Lumm, Kunselman, Eaton, and Anglin.

8:18 p.m. B-1 Hofmann zoning. This change would zone two parcels totaling 0.6 acres from an unzoned status to C1 (local business district). The council gave initial approval to the zoning at its Jan. 21, 2014 meeting. The C1 zoning does not include any restriction that limits the products sold to those that are made on-site. And that’s something the owners of Biercamp had tried to achieve with a previous zoning request that had ultimately been denied by the council.

8:18 p.m. Outcome: The council has voted without discussion to approve the zoning of the Hofmann property as C1.

8:18 p.m. B-2 Amend public art ordinance. The ordinance amendment would allow the council to transfer money that accumulated in the public art fund through the (now demised) Percent for Art funding mechanism in previous years. The money would be transferred back to the funds from which it was originally drawn – but that transfer would require a separate council action. To be approved, the ordinance change will need a six-vote majority on the 11-member council. The enactment of an ordinance can be vetoed by the mayor, but a veto can be overridden by an eight-vote majority. [For additional background, see Public Art above.]

8:19 p.m. Lumm reviews the content of the ordinance. She stresses that the ordinance change does not actually return any funds. A separate action will be required, she notes.

8:22 p.m. Kunselman says, “Boy this is a tough one.” Back on June 3, 2013, he had voted against changing the ordinance. At this point he’s willing to amend the ordinance. But he cautions that he’ll probably be voting against both of the other resolutions about returning funds. He feels that the discussion should probably happen in the context of the annual budget resolution in May. He won’t vote for either resolution, he says.

8:24 p.m. Eaton says that at an earlier meeting he’d proposed a compromise involving the art administrator: If public art money is returned, and the mayor assures he won’t veto the ordinance, then he’d bring back the art administrator’s contract for reconsideration. Otherwise not. He doesn’t want to surprise anyone, he says.

8:24 p.m. Outcome: The council has voted unanimously to give final approval to the public art ordinance amendment, allowing the return of Percent for Art money to its funds of origin.

8:25 p.m. DC-2 Return $957,140 from public art fund to funds of origin and establish timeline. This resolution would cancel the art project at Argo Cascades, resulting in a return of a total of $957,140 from the public art fund to the funds of origin. This resolution is sponsored by Sabra Briere (Ward 1).

As a part of the council’s elimination of the Percent for Art funding mechanism last year, it established a new approach to funding public art, based on integrating public art into some selected city capital projects and pursuing a mix of private-public funding for other projects. Briere’s resolution also calls for the city administrator to direct city staff to develop a transition plan to the new program – to be implemented by staff and the public art commission and for that plan to be presented to the council in about a year – before March 2, 2015.

Briere’s resolution also calls for no additional projects to be initiated using funds set aside under the Percent for Art program. A further highlight of Briere’s resolution is direction to the city administrator to establish a budget for public art administration for both the 2015 and 2016 fiscal years. [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.]

8:26 p.m. Note that the council flipped the two resolutions on the agenda. Briere is now describing the rationale for her resolution.

8:28 p.m. Returning funds without committing to funding administration of the new public art program amounted to a “pocket veto,” Briere says, which she did not want to pursue. She felt that the Argo Cascades would not be able to be finished in the timeframe of the transition – given that it has stalled. That’s why her resolution does not leave funds for that project. If the council is going to move forward with a new art program, then the council needs a plan to move forward.

8:29 p.m. Petersen says that not returning the funds is a barrier to creating the kind of public art program that the community wants. She now proposes two amendments.

8:31 p.m. Petersen suggests that the report on the plan be due on Oct. 6, 2014 instead of March 2, 2015. Six months is a reasonable amount of time, she says. Briere and Kailasapathy are OK with that. Petersen’s amendment is accepted as friendly.

8:32 p.m. Petersen also wants to fund the Canoe Imagine Art project, which means that the total amount to be returned is $936,140. That’s also accepted as friendly.

8:34 p.m. Hupy is explaining the cost of the Canoe Imagine Art project – at the request of Warpehoski. There’s a $21,000 match requirement, Hupy says. The original plan was to raise $11,000 of that through fundraising. But the full amount could be provided by the city, Hupy says, if that’s what the council wants. Briere wants the city contribution to be just $10,000.

8:35 p.m. Hieftje calls it a worthy project. He doesn’t want to risk the match and wants to leave it as $21,000. Petersen also wants to leave it at $21,000.

8:36 p.m. Lumm allows that it’s unusual to have two competing resolutions. She supports the elements that overlap between the two resolutions. But she has a problem with establishing a budget for FY 2015 and 2016. It’s too vague. Where would the money come from? she asks.

8:38 p.m. Lumm says it’s clear that the council has different views on which projects should continue. “Keeping it simple is a good principle,” she says. Briere’s resolution is trying to do too much at once, Lumm says, offering a little something for everyone.

8:39 p.m. Kailasapathy identifies her problem with the resolution: establishing a budget for public art administration for FY 2015 and 2016. She has not come to terms with the nature of the priority for public art, she says. There are other competing needs for public services. She calls the resolution “open ended.” She says there’s a “public art fatigue” in the community.

8:41 p.m. Anglin alludes to private collaboration. He won’t support this resolution.

8:42 p.m. Warpehoski reviews the two points of Eaton’s bargain: return of the money and the funding of the part-time public art administrator. A third item on Warpehoski’s agenda is a good transition to the new public art program. He wants all three parts as part of a compromise.

8:44 p.m. During the public hearing on the ordinance, Warpehoski says that Partridge observed that public art has divided the community. Warpehoski notes that the regular annual budget process requires only six votes for amendment.

8:45 p.m. Petersen says that the ordinance revision approved in 2013 calls out a 2-3 year transition. Yes, the transition will take money, she says. Approval of the funds isn’t being requested, only a plan, Petersen adds.

8:47 p.m. Lumm says she doesn’t support the concept of a full-time public art administrator. She says she really doesn’t know what it means to establish a budget for FY 2015 and 2016. How much? Where will it come from? she asks. It’s way too vague, she says, with way too many unknowns. Drip by drip by drip, money is being spent, Lumm says. So she doesn’t want to wait until the regular budget process.

8:50 p.m. Kunselman says he won’t vote for either resolution. The issue can be left to the city administrator to put in the budget proposal for FY 2015, he indicates. The resolution directs Powers to do something that he needs to do anyway. As far as the money in the public art fund, FY 2014 is already appropriated, Kunselman notes. If there’s an emergency, then the council now has the ability to transfer money. He says it’s difficult to maintain the commitment to the transition when he’s being badgered by the members of the public art community. They say they don’t trust the council, Kunselman adds, but he doesn’t trust some of them. Still, it’s important to stay committed to the transition, he says. He points out that it will be difficult without a staff person between now and July when the new fiscal year begins.

8:52 p.m. Briere says she felt it was a logical step to discuss how to create a plan and a funding strategy for that plan at the same time that funds are being returned. She wants the city administrator to tell the council how much the transition is going to cost. Responding to Kunselman’s characterization of her resolution as micromanaging, Briere says she saw it as “reaffirming.”

8:53 p.m. Briere appreciates Kunselman’s view that it’s really a budget process discussion. But her concern is that the council is once again leaving AAPAC with uncertainly about what the city council is doing. Giving clear guidance is what the council is supposed to, she says.

8:54 p.m. Hieftje floats the idea of postponement. That motion is on the floor now.

8:55 p.m. Lumm doesn’t want to postpone. Hieftje reiterates that he wants to review the work of the council’s committee on public art from last year. It doesn’t do any harm to postpone, he says.

8:57 p.m. Eaton says the harm is that it puts the compromise in jeopardy, regarding the contract extension for the public art administrator. Eaton says he doesn’t think this resolution has the votes to pass. Hieftje says that the other one doesn’t have the votes to pass, either. Hieftje says that he can’t imagine public art in Ann Arbor without a public art administrator.

9:00 p.m. Outcome: The council has voted to postpone this resolution. Teall hesitated for several seconds before casting the final and deciding vote in the roll call. Voting for it besides Teall were Briere, Petersen, Kunselman, Warpehoski, and Hieftje.

9:01 p.m. DC-1 Return $819,005 from public art fund to funds of origin. This resolution would return $819,005 from the public art fund to the funds from which that money was drawn. That includes funds like the sanitary sewer fund and the street millage fund. This resolution is sponsored by Jane Lumm (Ward 2), Jack Eaton (Ward 4), Sumi Kailasapathy (Ward 1) and Mike Anglin (Ward 5). It requires eight votes on the 11-member council t pass. [For additional background, see Public Art above.]

9:02 p.m. Lumm is now reviewing the details of her resolution. The rationale for returning the funds is compelling, she says. She wants a “clean break.” It’s especially true when significant dollars are at stake, she says.

9:04 p.m. Eaton says that in addition to Lumm’s points, this approach sends an important message to the public art commission. It recognizes that the three projects have been approved. He doesn’t want AAPAC to get the message (as they would with Briere’s resolution) that if they don’t spend the money, then they lose it. He wants AAPAC to be “selective.”

9:07 p.m. Briere says that over a year ago, she and Lumm had come with different proposals about what to do if the public art millage failed. Lumm’s had been defeated, and Briere had withdrawn hers, she says. Instead, a council committee had been established. So she wants to postpone this. She ventures that it doesn’t have eight votes to pass. In an ideal world, she and Eaton and Kailasapathy and Lumm would iron out some differences. She hopes that some agreement could be reached before the next meeting.

9:08 p.m. Lumm says, “My breath is taken away.” She refers to Briere’s comments as a “lecture about an ideal world.” Lumm tells Briere a lot can be accomplished if people work together and that she wishes Briere had taken the opportunity to do that.

9:11 p.m. Kunselman is reviewing the specific ordinance language. He wants to make sure the city administrator could set up the FY 2105 budget with the money moved back to the funds of origin. City attorney Stephen Postema isn’t sure of the answer to Kunselman’s question. Kunselman says he supports postponement.

9:13 p.m. Hieftje is asking Hupy about the matching grant that the Canoe Imagine Art needs. The state seems to need a commitment from the city on that sooner rather than later.

9:16 p.m. Hieftje seems to be floating the idea of funding the Canoe Imagine Art from the money earmarked for the Argo Cascades project. He asks for a friendly amendment that would fund the Canoe Imagine Art project. Briere also wants $5,000 for the Coleman Jewett memorial chair.

9:16 p.m. Eaton says there’s no time pressure on the Jewett project.

9:19 p.m. Kunselman says: “I’m getting really confused.” If the council does nothing, then the money is there available to AAPAC. They might not have a public administrator to assist them, yet they’d have some assistance. Some back and forth between Hieftje and Kunselman ensues. Hieftje says he’s trying to save the part-time administrator’s contract as a part of the compromise.

9:19 p.m. Lumm says that she’ll support the $5,000 for the Jewett memorial.

9:20 p.m. Briere says she’s not sure there’s enough affirmative votes to pass it. Her own bias it to “postpone the thing” and work out the details. She won’t withdraw the motion to postpone.

9:21 p.m. Kunselman says if it’s postponed and a single resolution comes back, then he’d reconsider his position and possibly vote to support it.

9:23 p.m. Eaton tells Hieftje that if this is postponed, then he’ll move for reconsideration, as long as no one yells “Shame on you!” at him. This was an allusion to Warpehoski’s outburst at the Feb. 3 meeting, following the council’s rejection of a contract extension for the public art administrator.

9:23 p.m. Outcome: The council has voted unanimously to postpone this resolution as well.

9:24 p.m. Recess. We are now in recess.

9:39 p.m. Here’s the email to Kunselman from Powers, backing Kunselman’s position that the DDA didn’t file its TIF annual reports in a timely way: [.pdf of Feb. 17, 2014 Powers email] We’re still in recess. Several conversational pods. WEMU is interviewing everyone in sight.

9:41 p.m. We’re back.

9:41 p.m. DB-1 Adopt Green Streets stormwater guidelines. This resolution sets infiltration standards to be followed whenever a city street is reconstructed. The “green streets” policy initiative came at the direction of the city council in a July 2, 2012 resolution.

9:43 p.m. Chuck Warpehoski (Ward 5) says he’s glad to see this on the agenda. He’s complimentary of the work the environmental commission and its water committee did. The council had provided general policy guidance, he says, but the commission and its committee had done the work that lets the council takes this step.

9:46 p.m. Jane Lumm (Ward 2) asks Craig Hupy to come to the podium. She asks for construction cost premiums. Hupy indicates the policy is to look at each site and to look at the toolbox of options that are available. It may or may not be expensive, he says.

9:48 p.m. Hupy clarifies that the city is moving away from using porous pavement. Given 400 miles of standard pavement, he ventured that it was unlikely that a few blocks of porous pavement would be treated with its particular maintenance needs. The strategy is now to put a rock bed under the roadway. The expectation is for the water to drain through it. Briere asks how deep. They’re about 10-12 feet comes the answer from Jen Lawson in the audience. Lawson is the city’s water resources manager.

9:50 p.m. Kunselman ventures that this policy reflects what the city has already been doing. Hupy confirms that. Kunselman asks if the policy will allow the city to qualify for grants. Hupy says the city has received grants before having a policy. The grant availability, however, is diminishing, just as the city is adopting a formal policy.

9:51 p.m. Anglin says thank you to the staff. People have worked on this for at least 10 years, he says. He cites the Carusos specifically. It’s about flood control, he says. Anglin says he’s supportive of buying land to detain water.

9:52 p.m. Hupy invites Jen Lawson to stand up to be acknowledged. She gets a quick round of applause.

9:52 p.m. Outcome: The council has voted to adopt Green Streets guidelines.

[Ed. note: In the original live update file, the descriptions of DB-2 and DB-3 below were erroneously flipped.] 

9:52 p.m. DB-2 Development rights on the White property. This resolution would approve expenditure of money from the city’s greenbelt program to help acquire development rights on a 64-acre property on Zeeb Road, in Scio Township. For this deal, the city is contributing $39,000 to the total purchase price of $130,335, with the township contributing the remainder. [For additional background, see Land: Greenbelt above.]

9:53 p.m. Outcome: The council has voted without discussion to approve expenditure of greenbelt funds to acquire development rights on the Moore White property.

9:53 p.m. DB-3 Development rights on Moore property. This resolution would approve expenditure of money from the city’s greenbelt program to help acquire development rights on a 24-acre parcel just north of the Huron River in Scio Township. The city of Ann Arbor will be contributing $25,200 to the total $84,000 cost of purchasing development rights, with the township contributing the difference. [For additional background, see Land: Greenbelt above.]

9:54 p.m. Lumm says she’ll support this. Scio Township is paying 70% of the price. She says that this is consistent with the greenbelt guidelines, so she’ll support it.

9:55 p.m. Kunselman says he won’t support this. It’s isolated from other greenbelt properties, he says. It’s just providing open space for people who live in Loch Alpine.

9:56 p.m. Outcome: Outcome: The council has voted 8-2 to approve expenditure of greenbelt funds to acquire development rights on the White Moore property. Dissenting were Kunselman and Kailasapathy.

9:56 p.m. DS-1 Approve Blue Cross Blue Shield renewal contracts. This resolution renews the city’s contract with Blue Cross Blue Shield of Michigan for the current calendar year, from January 1, 2014 to December 31, 2014 to provide health care coverage to city employees, their eligible dependents, retirees, and their eligible dependents. The amount indicated in the resolution is $1,437,042.

9:56 p.m. Lumm says the city has a good strategy on stop-loss.

9:56 p.m. Outcome: The council has voted to approve the contract extension with Blue Cross Blue Shield.

9:56 p.m. DS-2 Apply for firefighter training facility grant. This resolution would approve a $334,140 grant application to the 2013 Assistance to Firefighters Grant (AFG) program of the U.S. Department of Homeland Security – to acquire a mobile training facility to train firefighters. The 48-foot-long unit will allow live fire and tactical simulations. The kind of unit that the grant money, if awarded, would allow the city to purchase is comparable to this: [.pdf of brochure for training unit] [For additional background, see Equipment: Firefighting Simulator above.]

9:57 p.m. Outcome: The council has voted to approve the grant application to purchase a mobile firefighter training facility.

9:57 p.m. DS-3 Purchase road salt. The resolution would authorize the purchase of an additional $47,200 worth of road salt.

9:58 p.m. Outcome: The council has voted to approve the road salt purchase.

9:58 p.m. DS-4 Purchase sewer truck. The council is being asked to approve the $441,535 purchase of a combination sewer truck, which is outfitted with a vacuum device – often used to control water in an excavation during the repair of a water main break. [For additional background, see Equipment: Water Main Breaks above.]

10:01 p.m. “This is really exciting because this is a big piece of equipment!” says Kunselman. Hupy says that his wife describes the truck as looking “like an elephant going down the road.” Kunselman says this is the kind of truck that was used to repair a water main break in his neighborhood. The equipment provides for worker safety, Kunselman says. “Vactors make the best pumps out there,” Hupy says.

10:01 p.m. Outcome: The council has voted to approve the purchase of a sewer truck.

10:01 p.m. DS-5 Approve purchase of hydraulic excavator. The council is being asked to approve the purchase a hydraulic excavator for $176,472. The equipment is used for repairing water main breaks. [For additional background, see Equipment: Water Main Breaks above.]

10:03 p.m. Lumm wants to know if it’s worth $68,000 more. Hupy says it speeds up being able to do the repair when the water main is deep. If you’re one of the folks doing the work, it might have a different value, he says.

10:04 p.m. Briere asks if the city is retaining an excavator that digs shallower. Yes, explains Hupy.

10:04 p.m. Outcome: The council has voted to approve the purchase of a hydraulic excavator.

10:05 p.m. DS-6 Right of first refusal on Edwards Brothers property. This resolution was postponed from the council’s Feb. 3 meeting. It would approve the city’s exercise of its right of first refusal on the 16.7-acre Edwards Brothers Malloy property. The University of Michigan has offered $12.8 million for the land. [For additional background, see Land: Edwards Brothers Malloy Property above.]

10:06 p.m. Lumm makes a motion to go into closed session under Michigan’s Open Meetings Act. The council votes to do so, over dissent from Kunselman.

10:06 p.m. Closed session. We’re in closed session under the OMA exception for land acquisition.

10:21 p.m. Only seven in the audience here in chambers. Planning manager Wendy Rampson is chatting with community services area administrator Sumedh Bahl.

10:29 p.m. We’re back.

10:31 p.m. The council is now in open session again.

10:31 p.m. Lumm moves to postpone the Edwards Brothers item until a special session on Feb. 24 at 7 p.m.

10:32 p.m. Outcome: The council has voted to postpone the vote on the city’s right of first refusal on the Edwards Brothers property until a special session on Feb. 24

10:34 p.m. Communications from council. Kunselman is talking about Mary Beth Doyle Park. He’s happy that the asphalt paths will have snow cleared. He appreciates city staff’s work with the Washtenaw County water resources office to ensure that the paths can be treated.

10:36 p.m. Kunselman also announces his intent to bring forward a repeal to the contribution in lieu (CIL) ordinance for parking requirements. [That allows developers to satisfy on-site parking requirements by purchasing monthly permits in the public parking system.] And he says he’ll bring forward an amendment to the city’s crosswalk ordinance to make it consistent with the wording of mayor John Hieftje’s veto. [That involves insertion of a requirement for motorists to stop, if they "can do so safely."] He calls the Edwards Brothers question “speculative development.” He ventures that it would be prudent for the council to engage in a conversation about that regarding the Library Lane site. He’s trying to do his part by learning more about the Build America Bonds used to construct the Library Lane underground parking garage. He wants to review the “as built” documents for the structure. He says that he wants to handle the property above the Library Lane structure in a way that’s similar to the way the council handled the old Y lot – by hiring a broker and putting the air rights up for sale.

10:40 p.m. Reconsideration of public art administrator’s contract. Eaton moves to re-open the agenda. The council approves the agenda amendment to include the resolution on the public art administrator’s contract that was defeated on Feb. 3. Eaton moves the resolution’s reconsideration. The council then agrees to postpone.

10:41 p.m. Outcome: The council postpones this until March 3, 2014.

10:42 p.m. Communications from the city attorney. City attorney Stephen Postema gets clarification about whether the council wants a closed session to be part of the Feb. 24 special meeting agenda. That is what the council wants.

10:43 p.m. Clerk’s report. Kailasapathy asks about a note from the state tax commission about tribunals. CFO Tom Crawford says there will be follow-up from the city administrator.

10:43 p.m. Public commentary general time. There’s no requirement to sign up in advance for this slot for public commentary.

10:45 p.m. Thomas Partridge says he was up almost all night last night due to a landscaping company’s snow removal activity. Snow removal is important, he says, but it’s not being done responsibly. Giant piles of salt-laden snow and ice are at the shopping centers, he says. Partridge wants the council to establish an ordinance regulating snow removal.

10:46 p.m. Kai Petainen is now at the podium, and he says “I’m not here to complain.” He’s from Sault Ste. Marie he says, and the city has done a great job with snow removal.

10:48 p.m. Ed Vielmetti tells the council he attended the last building board of appeals meeting and says it’s good to see progress, even if it’s slow. He also raises issues about late filing of meeting minutes from various boards and commissions. He says he doesn’t know what reasonable expectations might be for meeting minutes, but thinks it’d be useful for the city administrator to set appropriate expectations.

10:50 p.m. Margie Teall (Ward 4) is responding to Partridge’s complaint about noise during snow removal. She allows it’s a problem. She mentions the noise ordinance and suggests that a call to the police desk would result in action.

10:50 p.m. Adjournment. We are now adjourned. That’s all from the hard benches.

A sign on the door to the Ann Arbor city council chambers gives instructions for post-meeting clean-up.

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Screenshot of Legistar – the city of Ann Arbor’s online agenda management system. Image links to the Feb. 18, 2014 meeting agenda.

The possible acquisition of land is also on the agenda, in the form of a resolution postponed from an earlier meeting. The resolution would exercise the city’s right of first refusal to purchase the Edwards Brothers Malloy property on South State Street.

The meeting is shifted to Tuesday because of the Presidents Day holiday on Monday.

Having given initial approval to an amendment to the city’s public art ordinance at its Feb. 3 meeting, the council will consider the item for a second and final vote on Feb. 18. The ordinance amendment would allow the council to transfer money that accumulated in the public art fund through the (now demised) Percent for Art funding mechanism in previous years. The money would be transferred back to the funds from which it was originally drawn – but that transfer would require a separate council action. To be approved, the ordinance change will need a six-vote majority on the 11-member council. The enactment of an ordinance can be vetoed by the mayor, but a veto can be overridden by an eight-vote majority.

Dependent on the public art ordinance amendment is a resolution that would return $819,005 from the public art fund to the funds from which that money was drawn. That includes funds like the sanitary sewer fund and the street millage fund. That kind of  resolution is typically analyzed as needing an eight-vote majority to pass, but it’s not yet indicated as an “eight-voter” on the online agenda. [Updated 1 p.m. Friday: It's now recorded as needing eight votes.] Based on the Feb. 3 council deliberations, the debate on such a resolution would likely center on the amount to be returned to funds of origin, not the question of returning at least some of the money.

Also expected back from the Feb. 3 agenda is a resolution that was defeated at that meeting – to extend the contract for the part-time public art administrator by six months and to appropriate funds to cover that $18,500 contract. It would need eight votes to pass.  The result of that council vote was that public art administrator Aaron Seagraves cannot currently be paid. The contract is supposed be back  on Feb. 18 for reconsideration – as part of the political bargain among councilmembers on the overall question of how the Percent for Art money that accumulated in the public art fund will be handled.

The council’s Feb. 18 agenda also features several pieces of equipment essential to core services. One of those core services is the repair of water main breaks, which have increased in frequency in recent weeks as the ground moves due to deeper and deeper penetration of frost. The council will be asked to approve the $441,535 purchase of a combination sewer truck, which is outfitted with a vacuum device – often used to control water in an excavation during the repair of a water main break. Also deployed when repairing water main breaks is a hydraulic excavator. So the council will be asked to approve the purchase of one for $176,472. Both of those authorizations are replacements of existing city equipment.

The council will also be asked to approve the purchase of a new garbage truck for $93,800. The purchase of two vans for a total of $50,320 is also on the council’s Feb. 18 agenda. The vans will be used by the parks and recreation department to shuttle passengers when they start a river trip at one of the cities liveries on the Huron River. Rounding out equipment purchases is a $83,208 wood chipper.

Another piece of equipment shows up on the agenda in the form of a grant application the council is being asked to approve. The $334,140 grant application is being made to the 2013 Assistance to Firefighters Grant (AFG) program of the U.S. Department of Homeland Security – to acquire a mobile training facility to train firefighters. The 48-foot-long unit will allow live fire and tactical simulations.

In real estate matters, the council will be asked to approve the acquisition of development rights for two properties, using funds from the greenbelt millage. The first is a 24-acre parcel just north of the Huron River in Scio Township. The city of Ann Arbor will be contributing $25,200 to the total $84,000 cost of purchasing development rights, with the township contributing the difference. The second greenbelt property on the agenda is a 64-acre property on Zeeb Road, also in Scio Township. For that deal, the city is contributing $39,000 to the total purchase price of $130,335.

Related to land use, council will also be asked to give final approval to the zoning of the Hofmann property on South State Street – to C1 (local business district). The property houses Biercamp Artisan Sausage and Jerky.

A bit south of Biercamp on State Street is the topic of the most significant land acquisition matter on the Feb. 18 agenda. A resolution postponed from the council’s Feb. 3 meeting would approve the city’s exercise of its right of first refusal on the 16.7-acre Edwards Brothers Malloy property. The University of Michigan has offered $12.8 million for the land.

On the consent agenda is a contract with MDOT for reimbursement to the city for a portion of the cost to install rectangular rapid flashing beacons at three locations: on Geddes Road at Gallup Park; Fuller Road 400 feet east of Cedar Bend Drive; and on South University Avenue at Tappan Avenue. The city’s cost for the $47,971 project would be $14,179.

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 Tuesday evening live on Channel 16, streamed online by Community Television Network starting at 7 p.m.

Public Art

Three items related to public art are expected to be handled at the Feb. 18, 2014 council meeting: (1) a final vote on an amendment to the city’s public art ordinance; (2) a resolution enabled by that change, which would transfer money out of the city’s public art fund back to the funds from which the money was drawn; and (3) a resolution extending by six months the contract for the city’s part-time public art administrator and appropriating funds to cover the $18,500 contract extension.

Public Art: Ordinance Amendment

Having given initial approval to an amendment to the city’s public art ordinance at its Feb. 3, 2014 meeting, the council will consider the item for a second and final vote on Feb. 18. The ordinance amendment would allow the council to transfer money that accumulated in the public art fund through the (now demised) Percent for Art funding mechanism in previous years.

The money would be transferred back to the funds from which it was originally drawn – but that transfer would require a separate council action. To be approved, the ordinance change will need a six-vote majority on the 11-member council. The enactment of an ordinance can be vetoed by the mayor, but a veto can be overridden by an eight-vote majority.

This ordinance revision reprises a previous effort to amend the public art ordinance to allow the transfer of money accumulated during previous years of the Percent for Art program to the money’s funds of origin. That unsuccessful effort came eight months ago at the council’s June 3, 2013 meeting. At that meeting, the council did eliminate the Percent for Art funding mechanism from the public art ordinance, and also allowed the most recent year’s accumulation of money to be returned to the funds of origin. The council also returned that most recent year’s worth of funding – $326,464.

The demised Percent for Art program required 1% of all capital fund project budgets to be set aside for public art. As a part of the June 3  ordinance change, the council replaced the Percent for Art funding program with a new approach that would allow city staff, working with the public art commission, to identify capital projects suitable for “baking in” art. In addition to city funding of art designed to be an integral part of a specific capital improvement project, the approach envisioned  general donations to a public art fund, and public art projects paid for with a combination of public and private funds.

The current balance of unassigned funds accrued in the Percent for Art fund as of Jan. 14, 2014 is $839,507. An additional $535,853 is earmarked for three projects that are underway: artwork at East Stadium bridges ($385,709), a rain garden at Kingsley and First ($7,009), and at Argo Cascades ($143,134). [.pdf of financial summary]

Any actual transfer of money would require separate council action.

Public Art: Resolution on Return to Funds of Origin

Dependent on the public art ordinance amendment is an item that’s on the Feb. 18 agenda – a resolution that would return about $819,005 from the public art fund to the funds from which it was drawn. That includes funds like the sanitary sewer fund and the street millage fund. That kind of resolution is typically analyzed as meeting a charter requirement for an eight-vote majority to pass. However, as of mid-morning on Feb. 14, the item was not flagged in the online agenda as an “eight-voter.” Responding to an inquiry from The Chronicle, the city clerk’s office was checking into the question of how many votes are required. [Updated 1 p.m. Friday: The online agenda has been updated to reflect the eight-vote requirement.]

Based on the Feb. 3 council deliberations, the debate on such a resolution would likely center on the amount to be returned to funds of origin, not the question of returning at least some of the money. Returning $819,005 in funding would leave $20,500 – which is the total amount needed to fund an extension of the public art administrator’s contract and some additional administrative costs.

A breakdown of the amounts that could be returned – and the funds to which that money would be returned – is covered here: [Art budget summary]

If the issue of the amount to be returned isn’t settled on Feb. 18 and the resolution does not pass in any form, another option would be to take up the question in the context of the annual budget resolution, which is considered at the council’s second meeting in May every year. Under the city charter, the budget resolution as a whole requires seven votes to be approved. But amendments to the budget resolution are subject only to the six-vote majority requirement.

On Feb. 10, the city released a list  of budget requests made by department heads for the next fiscal year. And  $80,000 from the general fund has been requested to fund a transition  from the now defunct Percent for Art funding mechanism to the new public art program. The $80,000 would include compensation for a full-time art administrator for a year. In the meantime the council will likely again consider a six-month extension of the part-time administrator’s contract at its Feb. 18 meeting.

Updated 9 p.m. Friday: The wrangling over the amount of public art money to be returned has already begun. A second resolution transferring money from the public art fund to its funds of origin has now been added to the agenda. The second resolution is sponsored by Sabra Briere (Ward 1), and escalates the one sponsored by Jane Lumm (Ward 2), Jack Eaton (Ward 4) and Sumi Kailasapathy (Ward 1). Briere’s resolution eliminates funding for the Argo Cascades art project – because the committee making the final selection between two artists has not been able to come to a consensus to move forward with one of them. So Briere’s resolution would return $957,140, compared to the $819,005 called for in the proposal originally put on the agenda by Lumm.

Briere’s resolution also calls for the city administrator to direct city staff to develop a transition plan to be implemented by staff and the public art commission and for that plan to be presented to the council in about a year – before March 2, 2015. Briere’s resolution also calls for no additional projects to be initiated using funds set aside under the Percent for Art program.

A further highlight of Briere’s resolution is direction to the city administrator to establish a budget for public art administration for both the 2015 and 2016 fiscal years. [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.]

The need for continued funding for arts administration is based on the new approach to the public art program established by the city council in June 2013. That new approach can include city-funded art when it’s designed as an integral part of a capital project, as well as projects funded through a combination of private and public money.

Public Art: Resolution to Extend Public Art Administrator’s Contract

Also expected back from the Feb. 3 is a resolution that was defeated at that meeting – to extend the contract for the part-time public art administrator by six months and to appropriate funds to cover that $18,500 contract. The result of that council vote was that public art administrator Aaron Seagraves cannot currently be paid.

The contract will likely be taken up on Feb. 18 for reconsideration – as part of the political bargain among councilmembers on the overall question of how the Percent for Art money that accumulated in the public art fund will be handled. The art administrator’s contract was first considered at the council’s Jan. 21, 2014 meeting, but was postponed in the context of a political horse trade – support for the administrator’s contract being contingent on beginning a process to transfer money accumulated under Percent for Art in previous years, back to the money’s funds of origin.

The conversation between mayor John Hieftje and Jack Eaton (Ward 4) at the council table toward the end of the Feb. 3 meeting indicated that Eaton would be bringing the item back for reconsideration on Feb. 18, provided that public art money was returned to its funds of origin.

Equipment

The Feb. 18 agenda is relatively heavy on items related to acquiring basic equipment: a combination sewer truck, a hydraulic excavator, a garbage truck, two vans, a wood chipper, and a firefighter training unit.

Equipment: Water Main Breaks

The council’s Feb. 18 agenda features several pieces of equipment essential to core services. One of those core services is repair of water main breaks, which have increased in frequency in recent weeks as the ground moves due to deeper and deeper penetration of frost.

Here’s a sampling of recent water main breaks – from alerts the city of Ann Arbor has sent out:

• Jan. 15: West Madison between Fourth and Fifth
• Jan. 22: Devonshire between Washtenaw and Melrose
• Jan. 28: S. Industrial between Jewett and Eisenhower
• Jan. 28: Yost between Washtenaw and Parkwood
• Jan. 31: Pontiac Trail at Brookside
• Feb. 5: Washtenaw east of Brockman
• Feb. 11: Pauline between Seventh and Stadium

The council will be asked to approve the $441,535 purchase of a combination sewer truck, which is outfitted with a vacuum device – often used to control water in an excavation during the repair of a water main break.

City of Ann Arbor water main breaks by year. It’s not unusual to have several water main breaks in a given year. (Data from city of Ann Arbor financial records, chart by The Chronicle)

Also deployed when repairing water main breaks is a hydraulic excavator. The council will be asked to approve the purchase of this type of equipment for $176,472. Both of those authorizations are replacements of existing city equipment.

In more detail, according to the memo accompanying the resolution, the combination sewer truck is to be procured from Jack Doheny Supplies Inc. It will replace a 2005 truck with 6,685 hours of use. Over the last two years, the truck had broken down and needed repairs 63 times – taking it out of service anywhere from fours hours to more than two weeks each time.

When that truck is unavailable do to water main break repairs, a similar truck used for stormwater system maintenance is re-tasked for water main breaks. But that poses a challenge to keep up with the scheduled preventive maintenance of the stormwater system. And failure to meet the cleaning schedule puts the system at risk for clogging and backing up into structures.

On the hydraulic excavator, the staff memo explains that the John Deere model 135G hydraulic excavator to be purchased will replace a 2002 mini excavator. The primary use for that excavator is for water main repair.

The new hydraulic excavator will be able to dig down to 19 feet, which is 7 feet deeper than the 2002 mini excavator. So the larger water mains, which are typically deeper and older, will be reachable.

The mini excavator has been in service over 5,350 hours of use and half its total repair costs have accumulated in the last 3.5 years. The old excavator will be sold at the next city auction.

Equipment: Garbage Truck

The council will also be asked to approve the purchase of a new garbage truck for $93,800 from Bell Equipment Company, in Lake Orion, Michigan. It’s a smaller truck – with a 6-yard capacity. It will be used for garbage collection in the city parks, according to the staff memo accompanying the resolution.

The new truck will replace a 2002 model with over 14,500 hours of operation. According to the staff memo, in the last three years, 57% of all time spent maintaining the vehicle has been spent on breakdowns while only 14% has been for preventive maintenance. In that three-year period, the cost of breakdown repairs has been more than $78,000, which is more than half of the 13-year lifetime total of $141,480.

Equipment: Vans

The purchase of two vans – from Red Holman GMC in Oakland County, for a total of $50,320 – is also on the council’s Feb. 18 agenda. The vans will be used by the parks and recreation department to shuttle passengers when they start a river trip at one of the cities liveries on the Huron River. The van purchase was recommended by the park advisory commission at its Jan. 28, 2014 meeting.

According to a parks staff memo, the city’s current fleet of seven 15-passenger vans was unable to keep up with the increasing shuttle transportation demands for Huron River trips in 2013, following the opening of Argo Cascades. More vans are needed to transport people on these trips, which start at the Argo livery and end at Gallup Park. One van in the fleet needs to be replaced. The van purchase would increase the total van fleet to eight.

Equipment: Wood Chipper

Rounding out equipment purchases is a $83,208 Bandit model 1990XP diesel engine-powered wood chipper. According to the staff memo, the new model will replace a 2002 wood chipper, which is used for tree removals, tree trimming and storm clean-ups. The unit is a whole-tree chipper – it will process up to 21-inch diameter logs.

The chipper to be replaced has been in service for 11 years. It has 4,100 hours of use and 35% of its total repair cost ($74,600) has accrued in the last 2.5 years. The old chipper will be sold at the next city auction.

Equipment: Firefighting Simulator

Another piece of equipment shows up on the agenda in the form of a grant application the council is being asked to approve. The $334,140 grant application is being made to the 2013 Assistance to Firefighters Grant (AFG) program of the U.S. Department of Homeland Security – to acquire a mobile training facility to train firefighters. The 48-foot-long unit will allow live fire and tactical simulations. The kind of unit that the grant money, if awarded, would allow the city to purchase is comparable to this: [.pdf of brochure for training unit]

Land

The council’s Feb. 18 agenda features several land and land use items: two greenbelt properties; a green streets policy; a zoning issue; and the possible exercise of the city’s right of first refusal on the Edwards Brothers Mallow property on South State Street.

Land: Greenbelt

The council will be asked to approve the acquisition of development rights for two properties, using funds from the city’s open space and parkland preservation millage. The first is a 24-acre parcel just north of the Huron River in Scio Township. The city of Ann Arbor, through its greenbelt program, will be contributing $25,200 to the total $84,000 cost of purchasing development rights, with the township contributing the difference. The deal was recommended by the Ann Arbor greenbelt advisory commission at its Jan. 2, 2014 meeting.

Property owned by Thomas E. and Eleanor S. Moore in Scio Township. The Moores applied to the Scio Township Land Preservation program. The city is partnering with the township on the deal.

The second greenbelt property on the agenda is a 64-acre property on Zeeb Road, also in Scio Township. For that deal, the city is contributing $39,000 to the total purchase price of $130,335. The city’s greenbelt advisory commission recommended moving ahead with this deal at its Nov. 7, 2013 meeting.

Property owned by Maria E. White in Scio Township. White applied to the Scio Township Land Preservation program and the city of Ann Arbor is partnering with the township on the issue.

Land: Green Streets

On the council’s agenda is a policy item related to land: infiltration standards to be followed whenever a city street is reconstructed. The “green streets” policy initiative came at the direction of the city council in a July 2, 2012 resolution.

Land: Hofmann Rezoning

Related to land use, council will also be asked to give final approval to the zoning of the Hofmann property on South State Street – to C1 (local business district). The property houses Biercamp Artisan Sausage and Jerky. The council gave initial approval to the zoning at its Jan. 21, 2014 meeting.

The two parcels in question – just south of Stimson and the Produce Station – are owned by Stefan Hofmann. The site at 1645 S. State is used for storage. In addition to housing Biercamp, the parcel at 1643 S. State also includes an auto repair shop and furniture manufacturer, which is primarily a woodworking shop.

The zoning for these parcels, which were annexed into the city from Ann Arbor township in 2011, has previously been considered by the planning commission and the city council. That was when Biercamp owners Walt Hansen and Hannah Cheadle wanted to zone the property C3 (fringe commercial district), so their business could sell a wider variety of merchandise, including products not made on site.

When the property was annexed into the city from the township, the site had been zoned by the township for light industrial. The closest equivalent in the city’s zoning code was M-1 (limited industrial zoning). The city’s master plan – prior to the adoption of the South State Street corridor plan – called for light industrial zoning in that area, but M-1 zoning would only allow for retail space to occupy 20% of the building’s floor area, to sell products made on-site.

At its Sept. 8, 2011 meeting, the planning commission unanimously recommended denial of that C3 zoning request, based on the proposed zoning being inconsistent with the city’s master plan. The request was then made directly to the city council, which also denied the request at a meeting on Feb. 21, 2012.

At the time, planning commissioners also were advocating for a broader study of the State Street corridor. That study was subsequently completed, and on July 15, 2013, the city council adopted the South State Street corridor plan as an amendment to the master plan’s land use element.

According to a staff memo, the adoption of the corridor plan into the city’s master plan prompted city planning staff to initiate the current zoning request. The C1 zoning is consistent with recommendations in the master plan, which calls for a mixed-use neighborhood retail center in that area to serve the Yost and Burns Park neighborhoods.

C1 is a more restrictive type of zoning than C3, primarily related to limits on the size of a business. No drive-thru restaurants are allowed in C1 districts, and there’s an 8,000-square-foot limit on the size of a business, for example. There is no restriction in either C1 or C3 that limits the products sold to those that are made on-site.

The city’s planning commission recommended C1 zoning for these parcels at its Dec. 17, 2013 meeting.

During deliberations on Jan. 21, Chuck Warpehoski (Ward 5) noted that the staff memo gave the historical perspective, but he hadn’t been sure if the proposal met Biercamp’s needs. Warpehoski told other councilmembers that the Biercamp owners are supportive of the C-1 zoning.

Land: Edwards Brothers Malloy Property

A resolution postponed from the council’s Feb. 3 meeting would approve the city’s exercise of its right of first refusal on the 16.7-acre Edwards Brothers Malloy property. The University of Michigan has offered $12.8 million for the land.

The council had on Feb. 3 postponed the item “to our next meeting” – which was scheduled for Feb. 18. But subsequently a special meeting was called for Feb. 10 to consider the question. That special meeting was then cancelled.

The resolution would approve the exercise of the city’s right of first refusal, appropriate necessary funds, and direct the city administrator to notify Edward Brothers Malloy about the exercise of the city’s right. The agenda item contained no other background information.

At its Jan. 6, 2014 meeting, the council had directed the city administrator and the city attorney to explore options and gather information about the Edwards Brothers land. The due date for that gathering of information was specified in the council’s resolution as Jan. 30 – the same day that the land-purchase item was added to the Feb. 3 agenda.

At its following meeting, on Jan. 21, 2014, the council approved without discussion a $25,550 contract with Atwell LLC for environmental site assessment services on the property. That assessment included a survey of asbestos-containing materials.

The pending sale of the property to UM was announced in a Nov. 27, 2013 press release. The business – a fourth-generation Ann Arbor publishing and printing firm – had signaled its intent to put the property on the market in late July.

The city’s right of first refusal on the property was a condition of a tax abatement granted by the city council three years ago, on Jan. 18, 2011. Purchase by the university would remove the property from the tax rolls. Washtenaw County records show the taxable value of the property at just over $3 million. In 2013, Edwards Brothers paid a total of $182,213 in real property taxes, not all of which is the city’s levy. The total city levy of 16.45 mills on $3 million of taxable value works out to about $50,000.

According to the tax abatement agreement, the event triggering the city’s 60-day right-of-first-refusal window is a formal notification to the city by Edwards Brothers, which was made on Nov. 27, 2013. The council will still be within the 60-day window when it votes at its Feb. 18 meeting.

The resolution the council will be taking up again on Feb. 18 requires an eight-vote majority on the 11-member council – because the resolution changes the city budget and involves a purchase of real estate.

Rectangular Rapid Flashing Beacons

On the Feb. 18 consent agenda is  a contract with MDOT for reimbursement to the city for a portion of the cost to install rectangular rapid flashing beacons at three locations: on Geddes Road at Gallup Park; Fuller Road 400 feet east of Cedar Bend Drive; and on South University Avenue at Tappan Avenue. The city’s cost for the $47,971 project would be $14,179.

According to the staff memo accompanying the resolution, part of the rationale for the choice of locations is “a history of pedestrian crashes that made them candidates for safety grant funding.” Responding to an emailed request from The Chronicle, city engineer Patrick Cawley provided the following accident history for the locations:

• Fuller Road (2) on May 13, 2009 and Feb. 11, 2010.
• S. University (3) on Feb. 7, 2006, Nov. 24, 2007, and Sept. 8, 2008.
• Geddes (1 involving a bicyclist) on Feb. 9, 2008.

Road Salt

Also on the agenda is a resolution to approve purchase of additional ice-control salt. Based on the $47,200 amount to be appropriated, and the $36.23 price per ton, the council will be authorizing the purchase of roughly 1,300 tons of additional salt.

A city staff estimate provided to The Chronicle puts the amount of salt used so far this season – through early February – at about 6,600 tons. That’s roughly at least as much or more than has been used in each of the previous five winter seasons. If the city uses all of the additional salt to be purchased – bringing this season’s total to about 7,900 tons – that would approach the maximum amount of salt used by the city over the last seven seasons. In the 2007-2008 season, the city of Ann Arbor used 8,500 tons of salt on its roads.

Ice-control salt usage in the city of Ann Arbor by year. (Data from the city of Ann Arbor. Chart by The Chronicle.)

According to a staff memo accompanying the resolution, the city’s snowplow equipment uses “electronically calibrated spreader controls” to keep the amount of salt used to the minimum amount that is still consistent with traffic safety. The price the city is paying for the salt to be authorized on Feb. 18 is established through a state of Michigan’s MIDEAL program. According to the staff memo, the cost for purchasing additional material on the open market would be about $140, or nearly four times as much as under the MIDEAL program.

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