The most significant item on the council’s Feb. 3, 2014 agenda is listed last – a resolution that would authorize the city administrator to exercise the city’s right of first refusal to purchase the 16.7-acre Edwards Brothers property on South State Street. The council could adjust the order of the items at the start of the meeting.

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

Two new ordinances will also be given initial consideration at the Ann Arbor city council’s Feb. 3 meeting. One involves public art – which relates to leftover business from the council’s previous meeting. The second proposed new local law involves prohibitions against smoking in some public places.

Background on the possible acquisition of the Edwards Brothers property includes the fact that the University of Michigan has made an offer to Edwards Brothers to purchase the property for $12.8 million. But the city has a right of first refusal on the property as a condition of a tax abatement granted by the city council three years ago, on Jan. 18, 2011.

The resolution on tonight’s agenda approves the exercise of the city’s right of first refusal, appropriates necessary funds, and directs the city administrator to notify Edward Brothers Malloy about the exercise of the city’s right.

This effort began at the council’s Jan. 6, 2014 meeting, when councilmembers 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.

Public art is actually the topic of two separate items on the council’s agenda. One is a contract extension for the city’s part-time public art administrator, which had been on the council’s Jan. 21, 2014 agenda, but was postponed at that meeting.

The postponement took place in the context of a political horse trade offered by Jack Eaton (Ward 4) at the council table on Jan. 21. Eaton indicated he’d support the public art administrator’s contract extension at the council’s subsequent meeting – but only if the council would move toward returning as-yet-unallocated money set aside during the now defunct Percent for Art program to its funds of origin (e.g., sanitary sewer fund, street millage fund etc.).

Both elements of the horse trade are scheduled for the Feb. 3 meeting. The move toward returning money out of the public art fund takes the form of initial consideration of an amendment to the city’s public art ordinance. The ordinance amendment, sponsored by Jane Lumm (Ward 2), would allow the council to return money accumulated under the city’s former Percent for Art program to the funds from which that money was drawn. The ordinance change would need a second and final council vote at a subsequent meeting to be enacted. Any transfer of public art money would require separate council action after the potential ordinance change.

Also getting initial consideration on Feb. 3 will be a new ordinance that would prohibit smoking in specific outdoor public areas. Made punishable through a $50 civil fine would be smoking within 20 feet of: (1) bus stops; (2) entrances, windows and ventilation systems of the Blake Transit Center; and (3) entrances, windows and ventilation systems of any city-owned building. The ordinance amendment would also authorize the city administrator to have signs posted designating certain parks or portions of parks as off limits for outdoor smoking.

In another item on its Feb. 3 agenda, the council will consider approval of a $398,703 contract plus a $40,000 contingency with Hubbell Roth & Clark Inc. to reconstruct Geddes Avenue from Huntington to Huron Parkway. The project, which includes five components, is scheduled to start in the spring of 2015 and may continue through 2016. The five components of the project are: reconstruction of Geddes, sanitary sewer on Geddes, sanitary sewer on Dover Place and Riverview, storm sewer on Geddes, and water main on Dover Place and Riverview.

Also on the council’s Feb. 3 agenda is a proposed expansion for Germain Motors – an auto dealership on South State Street, formerly Howard Cooper Imports.

The council will also consider setting a hearing date for one establishments that could potentially be recommended for non-renewal of its liquor licenses for non-payment of taxes: Banfield’s Bar & Grill.  Also originally on the list were  The Arena,  and Café Zola, but as of Monday morning, Feb. 3 they’d been removed. Those three businesses were also subject to the same scrutiny last year, and all eventually paid their taxes without having their licenses revoked.

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

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

Edwards Brothers Land

The council will consider moving ahead with the purchase of the 16.7-acre Edwards Brothers Malloy property at 2500-2550 S. State St. The University of Michigan has made an offer to Edwards Brothers to purchase the property for $12.8 million, but the city has a right of first refusal on the property.

The resolution approves the exercise of the city’s right of first refusal, appropriates necessary funds, and directs the city administrator to notify Edward Brothers Malloy about the exercise of the city’s right. As of the morning of Monday, Feb. 3, the online agenda item contained no other background information.

Reached by phone late Friday afternoon, city administrator Steve Powers told The Chronicle that he and other staff would be working over the weekend to finalize the information that the council would be provided before being asked to consider the possible purchase of the land. That includes the financing mechanism, source of funds, types of scenarios for the city eventually to shed ownership of the land, results of an environmental review, and possible zoning revisions to enhance property value. Powers allowed that the council might not be ready to vote at its Feb. 3 meeting, but confirmed that the council’s next regular meeting on Feb. 18 would still fall within the 60-day window of opportunity for action.

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.

By way of background, 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. If the council were to delay voting on the item until its Feb. 18 meeting, it would still be within that 60-day window.

The Feb. 3 agenda item requires an eight-vote majority on the 11-member council – because the resolution will change the city budget and involves a purchase of real estate. At least one councilmember will not be present for the Feb. 3 meeting. Stephen Kunselman (Ward 3) will be attending a professional conference of the Association of Physical Plant Administrators (APPA). He works in the University of Michigan’s energy office as Planet Blue energy conservation liaison.

Public Art

Two items related to public art appear on the council’s Feb. 3 agenda. One item is a contract extension for the city’s part-time public art administrator, Aaron Seagraves. The extension had been on the council’s Jan. 21, 2014 agenda, but was postponed at that meeting.

The postponement took place in the context of a political horse trade offered by Jack Eaton (Ward 4) at the council table on Jan. 21. Eaton indicated he’d support the public art administrator’s contract extension at the council’s subsequent meeting on Feb. 3 – but only if the council would move toward returning as-yet-unallocated money set aside during the now defunct Percent for Art program to the money’s funds of origin (e.g., sanitary sewer fund, street millage fund etc.).

Both elements of the horse trade are on the Feb. 3 agenda. The move toward returning money out of the public art fund takes the form of an amendment to the city’s ordinance on public art.

Public Art: Part-time Administrator’s Contract Extension

The council will be asked again to consider a six-month extension for Ann Arbor public art administrator Aaron Seagraves – through June 30, 2014. The council will be asked to allocate $18,500 to cover the added term.

The budget expenditure for Seagraves’ contract will need support from at least an eight-vote majority on the 11-member council. That’s why some councilmembers’ dissatisfaction with the current $839,507 in unallocated money in the public art fund posed a credible possibility of a failed vote at the Jan. 21 meeting.

The proposal to postpone the vote on the contract extension came from Jack Eaton (Ward 4), who wanted to delay until the council’s next meeting, by which time a clear plan could be crafted to return the Percent for Art money to its funds of origin. The only dissenting vote on postponement at the Jan. 21 meeting came from Margie Teall (Ward 4). [Details of the council's deliberations are reported in The Chronicle's live updates from the Jan. 21 meeting.]

Seagraves is contracted to work an average of 20 hours a week.

By way of background, the city council enacted a public art ordinance in late 2007, setting up a Percent for Art program as a funding mechanism. For each of the city’s capital projects, 1% of the budget – up to a cap of $250,000 – was set aside for public art. The Ann Arbor public art commission oversaw the expenditures. However, the approach proved controversial and the city council changed the ordinance to eliminate the Percent for Art funding mechanism at its June 3, 2013 meeting. That ordinance change came after a failed public art millage that was put before voters in the November 2012 election.

Under the new approach, city staff will work to determine whether a specific capital improvement should have enhanced design features “baked in” to the project – either enhanced architectural work or specific public art. The funding for any of the enhanced features would be included in the project’s budget and incorporated into the RFP (request for proposals) process for the capital project.

The funds accrued to the public art fund during the time of the Percent for Art program are still subject to the same legal constraints – which require a thematic link between the original source of the funds (e.g., the street millage) and the piece of art to be funded.

A budget summary provided by Seagraves in response to a Chronicle emailed query shows a current balance of $839,507 in available funds for public art, as of Jan. 14, 2014. 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]

The council debate at its June 3, 2013 meeting included wrangling about what to do with that fund balance, with Jane Lumm (Ward 2) arguing unsuccessfully that $845,029 should be returned to the funds of origin. The council voted to return only the money that had accrued to the fund in the most recent budget year – $326,464.

At their most recent meeting on Jan. 29, 2014, public art commissioners expressed concern over possible council actions on Feb. 3. “We’re volunteers trying to do things we’re passionate about, but there’s never any certainty about things,” Nick Zagar said at that Jan. 29 meeting. He noted that if the city eliminates the public art administrator’s position, “everything I’m sure will grind to a dramatic halt.” It’s hard to want to invest a lot of energy into the program, he added, given that commissioners don’t really have a clear direction about the program’s future.

Public Art: Ordinance Revision

At the June 3, 2013 meeting, the council did not ultimately vote on Lumm’s proposal to return Percent for Art money from earlier years to its funds of origin. That’s because the council rejected her proposal to amend the public art ordinance to allow that transfer to take place.

So Lumm’s ordinance proposal for the Feb. 3, 2014 meeting reprises the previous effort to amend the ordinance to allow the transfer of money accumulated during previous years of the Percent for Art program to the money’s funds of origin.

If the council votes to approve the ordinance on Feb. 3, it would still require a second vote at a subsequent meeting to be enacted. And any transfer of money would require a separate council action supported by an eight-vote majority.

Outdoor Smoking

On the council’s Feb. 3 agenda for initial consideration is a new ordinance that would prohibit smoking in specific outdoor public areas. Made punishable through a $50 civil fine would be smoking within 20 feet of: (1) bus stops; (2) entrances, windows and ventilation systems of the Blake Transit Center; and (3) entrances, windows and ventilation systems any city-owned building.

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

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

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

Chuck Warpehoski (Ward 5) is listed as the sponsor of the ordinance change on the city’s Legistar system. At the council’s Oct. 21, 2013 meeting, he had announced his intent to bring forward a proposed ordinance regulating outdoor smoking, and reported at that time he’d been working with city parks staff on the issue.

Geddes Avenue Reconstruction: 2015

The council will consider approval of a $398,703 contract plus a $40,000 contingency with Hubbell Roth & Clark Inc. to reconstruct Geddes Avenue from Huntington to Huron Parkway.

The portion of Geddes to be reconstructed is indicated in yellow. Parcels currently lacking sanitary sewer service are indicated in red.

The project, which includes five components, is scheduled to start in the spring of 2015 and may continue through 2016. The five components of the project are: reconstruction of Geddes, sanitary sewer on Geddes, sanitary sewer on Dover Place and Riverview, storm sewer on Geddes, and water main on Dover Place and Riverview. [.pdf of map showing parcels currently lacking sanitary sewer service]

The components of the project, which the city is calling collectively the Geddes Avenue Improvements Project, could also include corrections of slope sloughing, and the construction of non-motorized improvements within the project limits.

The scope of the actual project is supposed to stem in part from public participation. So part of the contract with HRC includes a “robust public engagement process” to include the adjacent residents, various interest groups, and the public at large.

Germain Motors Site Plan

On the council’s Feb. 3 agenda is a proposed expansion for Germain Motors – an auto dealership on South State Street, formerly Howard Cooper Imports.

The site plan was recommended for approval by Ann Arbor planning commissioners at their Dec. 17, 2013 meeting. The item had previously been postponed by commissioners on Nov. 19, 2013.

The planning commission’s recommendation of approval of the project’s site plan was subject to variances for modifications related to parking lot and landscaping requirements. Those variances were considered and approved by the city’s zoning board of appeals on Jan. 22. Planning commissioners also approved landscape modifications that would reduce the requirement – outlined in Chapter 62 of the city code – for depressed landscape islands within the site.

The planning staff had supported a recommendation of approval on Dec. 17, noting that the owner had addressed several issues that had previously raised concerns. Changes from the plan presented on Nov. 19 include:

• Adding 5,027 square feet of porous pavers to be installed in the expanded vehicle display areas along State Street and Oakbrook Drive.
• Adding eight new depressed landscape islands to the parking storage areas in the back of the site. The changes mean a loss of about 24 parking spaces.
• Changing the landscape modification request. The original request had included reducing the number of required trees to be planted on site by eight. The owner now plans to plant all of the required trees.

The project’s architect also explored the possibility of adding a “green” (vegetated) roof, but ultimately determined that it wasn’t feasible without making significant changes to the existing buildings. The question of whether the architect had considered a green roof to help with stormwater management was raised on Nov. 19.

Other parts of the proposed project, which is located in Ward 4, were unchanged. It calls for a 4,877-square-foot addition to the Volkswagen building on the northern portion of the State Street frontage, bringing the total square footage to 18,722 for that structure. A 6,429-square-foot addition is proposed for the Porsche/Audi building, in the center of the site, which would create a total building size of 31,097 square feet. The site’s third building, housing the Honda dealership on the southern part of the property, would remain at 36,101 square feet.

Also, the owner – Steve Germain, who attended the Nov. 19 planning commission meeting with several members of the project team – would like to add 248 parking spaces, bringing the total number of spaces to 1,039. The new spaces would be in three locations: (1) along the southern half of the South State Street frontage; (2) along the Oakbrook Drive frontage; and (3) in the rear car storage lots. The proposal would require three variances from Chapter 59 (off-street parking) in order to allow tandem parking, to reduce the aisle widths, and to exceed the maximum percentage (30%) of allowable small car parking spaces. Those are the variances granted by the ZBA at its Jan. 22 meeting.

The total expansion is estimated to cost $5.5 million.

Liquor Licenses: Possible Non-Renewal

On the council’s agenda is a resolution setting a hearing date for one establishments that could potentially be recommended for non-renewal of its liquor licenses for non-payment of taxes: Banfield’s Bar & Grill.  Also originally on the list were  The Arena,  and Café Zola, but as of Monday morning, Feb. 3  those two businesses had been removed. Those three businesses were also subject to the same scrutiny last year, and all eventually paid their taxes without having their licenses revoked. The date of the hearing would be Feb. 25 at 9 a.m.

The council’s resolution would also appoint Jane Lumm (Ward 2) as the hearing officer. Lumm serves on the council’s liquor license review committee, along with Mike Anglin (Ward 5) and Sumi Kailasapathy (Ward 1).

Lumm served as the hearing officer for this kind of proceeding in 2013 as well. Also on that occasion, Banfield’s Bar & Grill, Café Zola and The Arena were on the hearing list. However, by the time of the hearing, Café Zola had resolved its issue. And at the hearing itself, Banfield’s Bar & Grill made an arrangement to resolve its outstanding issue.

Only the hearing on The Arena ultimately resulted in a city council recommendation to the state liquor control commission not to renew a license. Subsequently, The Arena did pay its taxes, and the council withdrew its objection to a license renewal for The Arena.

Planning Commission Bylaws

Again on the city council’s agenda is the approval of changes to the planning commission’s bylaws. The changes relate to the order of agenda items, and the length of time required for special accommodations, such as sign language interpreters. The change would require additional lead time so that special accommodations, including a sign language interpreter, can be made for people with disabilities, when requested at least two business days in advance of a meeting. The current bylaws specify just a one-day advance request.

The planning commission had given approval to changes in its bylaws about six months ago – at its July 16, 2013 meeting.

The bylaws changes were considered but postponed twice by the city council last year – first at the council’s Nov. 7, 2013 meeting, then at the Dec. 16, 2013 meeting. [.pdf of planning commission bylaws changes]

The council had held off voting to approve the bylaws changes as the planning commission has considered further revisions to its bylaws – related to the number of times someone can speak during a public hearing, and whether city councilmembers are allowed to address the planning commission during the commission’s meetings.

At a regular meeting of the planning commission, the additional revisions were discussed most recently on Nov. 6, 2013. The additional changes were also discussed at a working session on Jan. 7.

Appointments to City Boards, Commissions

Several nominations to city boards and commissions were made at the council’s previous meeting on Jan. 21. Confirmation votes will be taken at the council’s Feb. 3 meeting.

Jim Simpson was nominated to fill the vacancy of Malverne Winborne on the public art commission. Winborne’s term ended on Dec. 31, 2013.

Daniel Lee was nominated to serve out the rest of Marta Manildi’s term on the Ann Arbor housing commission. Manildi’s term ends this spring, but she said she’d step down early if someone could be appointed.

Paige Morrison was nominated to serve out the rest of Jennifer Geer’s term on the Ann Arbor park advisory commission. Geer has resigned.

And Peter Woolf was nominated to fill the vacancy of Lindsey-Jean Hard on the public market advisory commission.

Consent Agenda

The consent agenda 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. Here are some highlights from the Feb. 3 consent agenda.

Consent Agenda: Chelsea Tech Agreement

The council is being asked to approve an amendment to the renewal agreement for information technology services between the city of Ann Arbor and city of Chelsea. The contract is being amended to match fiscal years – by extending it an extra five months for a total of 17 months and $80,499.

The contract covers support for the help desk, management of the city’s website, server hosting, data backup and recovery, overseeing IT contractors, project management, and representing the city of Chelsea in regional technology efforts and meetings.

Consent Agenda: Street Closings

The council will be asked to approve street closings for FoolMoon (April 4, 2014) and FestiFools (April 6, 2014).

Consent Agenda: Firehouse Subs Grant

The council will be asked to approve a resolution accepting a grant of $25,736 from Firehouse Subs Public Safety Foundation Corporation. The money will be used to buy 11 automatic external defibrillator units for use by the fire department.

It was the fire department that applied for the grant to replace existing equipment. No local matching funds are required.

2:10 p.m. An update to the agenda noted above is that Cafe Zola and The Arena are now off the list of liquor licenses up for hearings on possible non-renewal recommendations. The only remaining establishment is Banfield’s Bar & Grill.

No background information is yet attached to the online agenda item on the possible Edwards Brothers land acquisition.

3:43 p.m. Names of people signed up for the 10 slots for public commentary reserved time at the start of the meeting are now added to the agenda. Five people are signed up to talk about the public art ordinance: Bob Miller (chair of the public art commission); Susan Froelich; Shoshana Hurand; Lily Au; and David Olson.

Four people are signed up to advocate for the homeless community: Seth Best (in connection with the outdoor smoking ordinance); and Chris McKewan, Joel Reinstein, and Tracy Williams (all on the topic of camp evictions). Steve Carnes is also signed up to talk about camp evictions in an alternate slot.

Thomas Partridge is signed up to talk about public transportation and expanding the geographic area of the Ann Arbor Downtown Development Authority.

The second alternate slot is filled by James D’Amour, who is is signed up to thank the council for its support of the climate change action plan.

It appears no one will be speaking during public commentary reserved time on the potential Edwards Brothers land acquisition.

4:13 p.m. Supplemental documents for tonight’s meeting have now been distributed to councilmembers. However, the Edwards Brothers land acquisition does not appear to be covered. Three documents relate to the public art ordinance. A fourth document is the set of staff responses to council questions on agenda items. [List of Art Projects ] [Art Project Schedule ] [Art Budget Summary] [Staff Responses to Council Questions about Feb. 3, 2014 agenda items.]

4:42 p.m. It’s worth noting that the list of public art projects, as well as the councilmember questions, point to a possible focus during deliberations on what projects actually have funds committed to them. The proposed ordinance amendment would allow return of money to the funds of origin only if it’s not already committed to a project. But the return of funds is not a question that will be before the council tonight. Tonight is just a question of initial approval of the ordinance amendment that would allow the council to make such a transfer. That transfer would need to take place in a separate action. There could be some interest on the council in making that action a part of the FY 2015 budget approval process that culminates at the council’s second meeting in May.

6:14 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. Yellow stacks of printed agendas are here, and the CTN technician has installed mics for all the councilmembers and at the public speaking podium. A man named Bill has already arrived to stand in support of those who’ll be speaking on behalf of the homeless community.

6:28 p.m. Jack Eaton (Ward 4) is the first councilmember to arrive. Four people are now here in chambers who’ll be supporting advocates for the homeless community.

6:38 p.m. Eaton is introduced by Caleb Poirier to a group of homeless community advocates now numbering about 18 people. Poirer tells them that Eaton has been kind to them in print about the group’s goals. Eaton quips that the meeting could last a week to 10 days. He ventures the council will burn a lot of time talking about art and will probably go into closed session to discuss the Edwards Brothers property.

6:45 p.m. Eaton is still the only councilmember who has arrived in chambers.

6:47 p.m. Mayor John Hieftje has now arrived. So has city administrator Steve Powers. Chair of the public art commission Bob Miller has arrived. Sally Petersen (Ward 2) has arrived.

6:54 p.m. Mike Anglin (Ward 5) has arrived. John Kotarski, vice chair of the public art commission, is here. Several students are getting signatures attesting that they’ve completed their attendance requirement for a class.

6:58 p.m. Jane Lumm (Ward 2) has arrived.

7:01 p.m. Chuck Warpehoski (Ward 5) and Christopher Taylor (Ward 3) have now arrived.

7:03 p.m. Margie Teall (Ward 4) has arrived, as has Sumi Kailasapathy (Ward 1).

7:07 p.m. Sabra Briere (Ward 1) has now arrived, so except for Stephen Kunselman (Ward 3), who’s expected to be absent, all councilmembers have arrived. They’re not all seated and ready to start, however.

7:08 p.m. And we’re off.

7:09 p.m. Call to order, moment of silence, pledge of allegiance. Only Kunselman is absent – because he’s attending a work-related conference in Dallas. Anglin was away from the table for the opening roll call.

7:10 p.m. Approval of agenda.

7:10 p.m. Outcome: The council has voted to approve the agenda.

7:11 p.m. Communications from the city administrator. City administrator Steve Powers has introduced public services area administrator Craig Hupy. Hupy describes the wet snow as tough to plow. Both the pre- and mid-season salt purchase have been made. End of February or early March, he cautions that the city will need to make an additional salt purchase, so the council will be asked to approve that.

7:13 p.m. Powers asks Hupy about the high frequency of water main breaks. It’s been an extraordinarily cold winter, he says – it’s what would be expected. Thirty-plus years of data suggests that water main breaks are commensurate with the cold weather. As the ground freezes, it moves, Hupy says, and that causes breaks.

7:13 p.m. Mayor John Hieftje asks about the condition of city sidewalks, given the freezing rain. Hupy says they have a machine that they use, but it takes time.

7:18 p.m. Mary Jo Callan, director of Washtenaw County’s office of community & economic development, is updating the council on the city and county response to the weather with respect to human services. She explains that they’re in communication with all the relevant human services agencies. At least 10 warming centers and 40 local nonprofits are a part of the mix, she says. They’re doing better at communication, she says. All the emergency shelters are full, she says. They’re over capacity. The Delonis Center, she says, had a January average of 165 a night, including more than 65 in the warming center. They’re continuing with the policy of not having weather amnesty on days like today, for example. Food Gatherers is providing meals. The county’s Project Outreach Team (PORT) is continuing to do outreach and engagement to people in tents, she says. PORT is housing 19 people in 15 hotel rooms around the community.

7:19 p.m. Callan says that she’s coordinating with the Ann Arbor police about how to deal with campers. “It’s a hideous winter,” she says. “But we all know there’s going to be a winter next year.”

7:19 p.m. INT-1 Proclamation honoring EMU’s Alpha Phi Omega fraternity. The fraternity is being recognized for service in the city’s GIVE 365 Volunteer Program at several recreation facilities and parks assisting with special events like the Trick or Treat Paddle and Buhr Blitz Day.

7:21 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.]

Five people are signed up to talk about the public art ordinance: Bob Miller (chair of the public art commission); Susan Froelich; Shoshana Hurand; Lily Au; and David Olson.

Four people are signed up to advocate for the homeless community: Seth Best (in connection with the outdoor smoking ordinance); and Chris McKewan, Joel Reinstein, Tracy Williams (all on the topic of camp evictions). Steve Carnes is also signed up to talk about camp evictions in an alternate slot.

Thomas Partridge is signed up to talk about public transportation and expanding the geographic area of the Ann Arbor Downtown Development Authority. The second alternate slot is filled by James D’Amour, who is is signed up to thank the council for its support of the climate change action plan.

7:22 p.m. Thomas Partridge was signed up to speak, but isn’t here.

7:25 p.m. Bob Miller says he’s passed out a document that quotes Gov. Rick Snyder, saying that art “is integral to economic development.” The occasion was a state leadership award for the arts. Miller is now quoting from the patron who commissioned the “Spirit of Ann Arbor” on a building on Liberty Street – John Carver. Miller says that finding a sustainable funding model would satisfy critics and proponents. He’s describing the new program that the council put in place. He calls for viable transition from the old Percent for Art program to the new program.

7:27 p.m. Seth Best says he’s not there as a member of Camp Take Notice, but as a smoker. He’s concerned about the proposed $50 fine. He’s poor, he says, and can barely afford the cigarettes he buys. The ordinance will target the poor, he cautions. He allows that it might not be the healthiest for him, but speaks about the culture associated with smoking. The rituals associated with smoking provide a mechanism for getting to know people and making new friends, he says.

7:30 p.m. Susan Froelich says she’s a native Ann Arborite with a degree in the history of art from University of Michigan. She’s ticking through her public service in the area of art. She heard that the council had been discussing transferring money from the public art fund to its funds of origin. She stresses that it’s important to leave already-committed funds in the public art fund and to fund a full-time public art administrator.

7:33 p.m. Shoshana Hurand asks councilmembers: “Do you want to live in a remarkable city?” She introduces herself as a social worker but also an art administrator. She explains the work of an art administrator. She urges the council to retain the public art administrator position. She’s concerned that returning the money from the public art fund would lead to no investment in public art. She cautions against allowing Ann Arbor to be an unremarkable city.

7:36 p.m. Lily Au reads aloud the city’s mission statement. She compares art to food. “You cannot serve me art work,” she says, using props from a bag. She asks people to stand who support money going to help feed people and keep them warm. About 30 people stand.

7:40 p.m. David Olson tells the council that he grew up in Ann Arbor. Art has added a sense of community and quality of life to Ann Arbor, he says. He expresses strong support for the idea that funds remaining in the public art fund be spent on art. He ticks through several events that indicate the community supports the arts. [Such events are not eligible to be funded through the funds accumulated through the Percent for Art program.] He thanks those who’ve supported the public art program, saying the criticism has been harsh. It’s difficult work, he says, but that doesn’t mean that it shouldn’t be done. He calls for supporting smaller, temporary art installations or participatory projects. Instead of giving up because the job is difficult, he calls for re-imagining the art program.

7:42 p.m. Chris McKewan is speaking for “Troll Village” and asks people to stand in support. Most of the center section of the audience is standing. He says the residents of Troll Village are human beings. He describes wandering the streets after being kicked out of a shelter. He asks the council to show the kindness he’d experienced on the streets to those residents of Troll Village.

7:44 p.m. Joel Reinstein is also speaking about the homeless camp evictions. He’s happy the evictions were not carried out. Those residents are human beings who deserve the same respect as the entrepreneurs funded by Ann Arbor SPARK. The overcrowded Delonis Center is not cutting it, he says. He calls for no more evictions.

7:46 p.m. Tracy Williams tells the councilmembers they’ll continue to see the group – because they’re not going away. He’s sent the council an email because the public speaking time is limited. He thanks Jason and Jim who have worked to stop the eviction of Troll Village. He calls for keeping a warming center open not just in the coldest weather.

7:47 p.m. Partridge and Hieftje are engaged in a back-and-forth over his speaking turn that he missed. Hieftje says that he’s not going to let Partridge speak, saying that he’s sure that Partridge will find an opportunity to speak sometime during the meeting.

7:49 p.m. James D’Amour is thanking the council for their support of the climate action plan. He’s come from a demonstration at the federal building protesting the Keystone pipeline.

7:52 p.m. Communications from council. Jack Eaton (Ward 4) commends the police department for the way that they’ve handled the issue of the campers down by the river. Eviction was a matter of life and death, he says. Rather than just evicting them, they worked with PORT, essentially as social workers, to deal with the sensitive issue.

7:54 p.m. Chuck Warpehoski (Ward 5) cautions against seeing things like a cyclops – through one eye. If he only sees the good work through one eye, he misses the continuing need, he says. As long as there’s an economy that treats people like throwaway people, we’ll see crises like the city saw last month, he says. He calls for doing adequate emergency prevention work. The money has to come from somewhere, he says. He doesn’t have the answers. He appreciates the work that everyone is doing.

7:57 p.m. Hieftje says that no one has been turned away from the Delonis Center this winter. In the area known as Troll Village, he says that the city received complaints about camping in Riverside Park. That had resulted in an eviction notice being placed there – but not under the bridge. Having some place to go is very important, he says. Ann Arbor spends a greater percentage of its budget on human services than any other Michigan city, he says. He feels bad for residents in other Michigan cities. He criticizes state and federal governments for not doing what they should.

7:58 p.m. MC-1 Confirmation of nominations. The council is being asked to confirm four nominations that were made at the council’s Jan. 21, 2014 meeting. Jim Simpson was nominated to fill the vacancy of Malverne Winborne on the public art commission. Winborne’s term ended on Dec. 31, 2013. Daniel Lee was nominated to serve out the rest of Marta Manildi’s term on the Ann Arbor housing commission. Manildi’s term ends this spring, but she said she’d step down early if someone could be appointed. Paige Morrison was nominated to serve out the rest of Jennifer Geer’s term on the Ann Arbor park advisory commission. Geer has resigned. And Peter Woolf was nominated to fill the vacancy of Lindsey-Jean Hard on the public market advisory commission.

7:58 p.m. Outcome: The council has voted to approve all the nominations.

7:59 p.m. Hieftje is now saying that there’s no money in the public art fund that can be used on human services.

7:59 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. Tonight only one public hearing is scheduled – about the Germain Motors site plan.

8:02 p.m. PH-1 Germain Motors site plan. Thomas Partridge says he’s there to advance the notion that Ann Arbor needs a mayor who is responsive to citizens. He allows that Germain Motors is a prominent business, but says that it’s outside the downtown development authority area. He calls for an expansion of the DDA district.

8:02 p.m. Minutes of previous meeting.

8:02 p.m. Outcome: The council has approved the minutes of the previous meeting.

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

• CA-1 Fuller Pool Boiler Replacement. The contract to replace the boiler is with Altech Mechanical Service LLC ($66,544).
• CA-2 Shared 800Mhz Simulcast System. The resolution to authorize a purchase order with Washtenaw County is for the city of Ann Arbor’s portion for maintenance of the shared 800 MHz Simulcast System ($36,500).
• CA-3 Chelsea Services Agreement. The resolution approves the renewal agreement for Information Technology Services between the city of Ann Arbor and the city of Chelsea ($80,499).
• CA-4 Firehouse Sub Grant Acceptance. The resolution accepts a grant from Firehouse Subs Public Safety Foundation Corporation. The money will pay for defibrillators ($25,736).
• CA-5 FoolMoon. The resolution will authorize street closings for FoolMoon on Friday, April 4, 2014.
• CA-6 FestiFools. The resolution will authorize street closings for the FestiFools parade on Sunday, April 6, 2014.
• CA-7 Insurance Board Minutes. The resolution accepts the board of insurance administration minutes of Jan. 23, 2014.

8:04 p.m. CA-7 Insurance board minutes. Jane Lumm (Ward 2) reports that the insurance board had accepted all the recommendations for revisions to the insurance policies. City treasurer Matt Horning is in attendance to answer any questions. No questions are asked.

8:05 p.m. Outcome: The council has now approved the whole consent agenda.

8:05 p.m. C-1 Public art ordinance. 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.

What’s up for initial approval tonight is an ordinance revision to allow the return of the money accumulated in previous years. The current balance of unassigned funds accrued in the Percent for Art fund as of Jan. 14, 2014 is $839,507. If the council votes to give initial approval to the ordinance change tonight, it would still require a second vote at a subsequent meeting to be enacted. And any transfer of money would require a separate council action. [For additional background, see Public Art above.]

8:08 p.m. Lumm thanks Karen Lancaster and others for their work. She thanks her cosponsors. Lumm is describing what the ordinance would do. It would not in itself return art money to other funds. But she says that on second reading it’s her intent to bring forth a resolution that would return that money. She ticks through about $840,000 that she says should be returned. A breakdown of the maximum amount that could be returned to which funds is covered here: [Art Budget Summary]

8:10 p.m. Sumi Kailaspathy (Ward 1) picks up on David Olson’s remarks during public commentary and notes that his vision of a public art program is not fundable through the money in the public art fund – because of the thematic link that’s required to the funds of origin. She says Olson’s ideas were very good. This ordinance amendment does not say that Ann Arbor doesn’t want art, she says.

8:13 p.m. Christopher Taylor (Ward 3) says he’ll vote in favor of the amendment at first reading. Things have been very quiet, he says, after the direction from the council to develop a transition from the old program to the new one. His expectation is that the transition will be funded. He didn’t think all the money in the fund would be necessary, but expected that those projects currently “in the pipeline” would also be funded. He includes art at Arbor Oaks Park, the Jewett Memorial, Canoe Imagine Art and the PowerArt project in those projects. He says that the way the ordinance has moved forward has caused turmoil on the art commission. He wishes there had been more collaboration.

8:16 p.m. Sabra Briere (Ward 1) recalls the work of the city council committee that had come up with a recommendation about a revision to the public art ordinance. We should be talking about how to fund public art, she says. The council had not thought through the fact that a transition needs deadlines and goals. She agrees with Lumm that the ordinance should be changed, but says that she also agrees with Taylor that we need a better plan. She says she’ll be offering an alternative at the next council meeting.

8:18 p.m. Mike Anglin (Ward 5) recounts the origins of the program and how concerns were raised about the legal basis for the program and the amount of money that started to accumulate. He says that the council is not giving up on public art, but it’s important to remember the history of how the program arrived at this point. He ventures that if the city had faced a lawsuit on the legality of the program, the city probably would have lost. This is not a war on public art, he says.

8:20 p.m. Sally Petersen (Ward 2) says that this ordinance amendment does not diminish the commitment to public art, but rather reaffirms the city’s commitment to basic services by returning public art money to its funds of origin. She agrees with David Olson’s remarks during public commentary that Ann Arbor needs to move away from monumental art as its basic approach to public art.

8:23 p.m. Margie Teall (Ward 4) says she’s disappointed – as she’s not sure why this issue has arisen at this point. The recommendation had been to use public art money to fund a transition under direction from a full-time public art administrator. Taking away that funding doesn’t make sense to her. She calls the ordinance change a slap in the face of public art. It boggles her mind, she says. Using the “baked-in” approach, she cautions, inherently leads to monumental art. The private sector needs a public partner to dance with, she says. Teall is describing an NPR report she heard about Art Prize in Grand Rapids. She won’t support the ordinance amendment.

8:26 p.m. Jack Eaton (Ward 4) thanks Lumm for bringing forward the ordinance amendment. He reviews how the funds are restricted – saying they can’t be used to transition or for general administration. His problem is that the source of the funds drives decision-making under the Percent for Art approach. He says we should set out a method of administering those works in progress. He says the funding for the transition could be found in the FY 2015 budget process.

Lumm is echoing Eaton’s sentiments. “We need to make a clean break,” she says. The ordinance amendment would allow the council to head in that direction, she says.

8:28 p.m. Lumm cites a staff memo from May 2013 to support the idea that you can’t use Percent for Art money for general art administration.

8:33 p.m. Warpehoski notes that Lily Au had asked why the council is funding art instead of feeding people. Right now the answer is easy, he says: We can’t use that money, because it’s not general fund money. If we switch to a different approach, he says, the council might have to answer Au’s question, because it might create a situation where general fund money is stretched between art and feeding people. Reading The Chronicle’s coverage of the last public art commission meeting, he says that it’s clear that the council has tasked the commission with a lot of work. Warpehoski will support the ordinance change, but says that he doesn’t think that all of the $840,000 should be returned. He also wants something more specific than a vague allusion to funding the transition from the general fund.

8:34 p.m. Hieftje is reading from a Forbes article recounting the history of public art in America. He says it’s always been a great weakness of Ann Arbor’s public art program that it carries with it constraints on how the money is spent.

8:36 p.m. Hieftje laments the fact that Ann Arbor does not have four billionaires like Grand Rapids. He says he thinks that to generate private investment, the city will have to provide matching funds. He also says that the city will need a full-time art administrator to address fundraising.

8:39 p.m. Hieftje says it was a mistake in establishing the Percent for Art program to not provide enough staff support. He says that the private donor for a proposed project at the wastewater treatment plan had withdrawn. [That partner was the Ann Arbor Hands On Museum.] He talks about the beauty in taking wastewater and turning it into clean water that can be returned to the Huron River. Hieftje stresses that it’s not legal to restrict funding just to local artists – as long as it involves public money.

8:40 p.m. Briere is commenting on the role of private and public funding. It’s important for the city to partner with a nonprofit that can accept tax-deductible donations from the private sector.

8:41 p.m. Teall calls everyone’s attention to the timeline for projects. It takes a long time for projects like these to get done, she says.

8:44 p.m. Taylor reiterates Eaton’s point that the transition be funded through the FY 2015 budget process. He expects to see that budget proposal from the city administrator, he says. Taylor ventures that donations to the city would also be tax deductible, contradicting Briere’s remark. He cites IRS publication 526. Lumm and Taylor engage in back-and-forth on what Taylor said about priorities.

8:45 p.m. Petersen is trying to bring the council back to the point of the ordinance, which is not how to fund a transition between programs.

8:45 p.m. Outcome: The council has voted to give initial approval to the amended public art ordinance. Teall was the sole dissenting vote.

8:45 p.m. C-2 Outdoor smoking ordinance. The council is giving initial consideration to a new ordinance that would prohibit smoking in specific outdoor public areas. Made punishable through a $50 civil fine would be smoking within 20 feet of: (1) bus stops; (2) entrances, windows and ventilation systems of the Blake Transit Center; and (3) entrances, windows and ventilation systems any city-owned building. The ordinance amendment also authorizes the city administrator to have signs posted designating certain parks or portions of parks as off limits for outdoor smoking, and to increase the distance from entrances to city buildings where outdoor smoking is prohibited. [For additional background, see Outdoor Smoking above.]

8:47 p.m. Warpehoski announces he’ll be asking for postponement until the council’s first meeting in March, in part to allow time for feedback from the city’s park advisory commission. He allows that the language about the fine wasn’t clear. [.pdf of highlighted proposed ordinance] He says the idea is not to be punitive, but rather to provide clean air for people who want to enjoy city parks. He points out the existing county ordinance already prohibits smoking around doorways and windows.

8:49 p.m. The motion to postpone has not yet been made. Warpehoski wants to hear any questions. No one has any. He makes the motion to postpone the initial vote on the ordinance until March 3, 2014.

8:49 p.m. Outcome: The council has voted to postpone the initial vote on the new outdoor smoking ordinance until its March 3, 2014 meeting.

8:49 p.m. DC-1 Set liquor hearings. This resolution would set hearings on a recommendation for non-renewal of liquor licenses for just one establishment in the city. The date of the hearing would be Feb. 25 at 9 a.m. The three businesses originally subject to the hearings were The Arena, Banfield’s Bar & Grill, and Café Zola. They were all potentially be recommended for non-renewal due to non-payment of personal property taxes.

But by Monday morning of the council meeting on Feb. 3, only Banfield’s Bar & Grill remained on the list. The council’s resolution would also appoint Jane Lumm (Ward 2) as the hearing officer. Lumm serves on the council’s liquor license review committee, along with Mike Anglin (Ward 5) and Sumi Kailasapathy (Ward 1). [For additional background, see Liquor Licenses: Possible Non-Renewal above.]

8:50 p.m. Lumm is reviewing how the process works. She thanks staff for their work.

8:50 p.m. Outcome: The council has voted to set the date and time of the hearing on liquor license non-renewal.

8:50 p.m. DB-1 Art administrator contract. The council is being asked again to consider a six-month extension for Ann Arbor public art administrator Aaron Seagraves – through June 30, 2014. The council will be asked to allocate $18,500 to cover the added term. It’s a 20-hour-a-week appointment. The budget expenditure for Seagraves’ contract will need support from at least an eight-vote majority on the 11-member council. The item was postponed from the council’s Jan. 21, 2014 meeting. [Details of the council's previous deliberations are reported in The Chronicle's live updates from the Jan. 21 meeting.] [For additional background, see Public Art above.]

8:52 p.m. Sabra Briere (Ward 1) allows that a concern had been raised about the appropriateness of funding Seagraves’ contract with Percent for Art money. He’s not working on transition work, she says. Still, she is willing to change the funding source from the public art fund to the general fund.

8:55 p.m. Lumm reads aloud the resolution as amended to draw the money from the general fund. Taylor says he likes the general fund the way it is and is content to fund the administrator’s contract extension from the public art fund. Warpehoski says he’d rather use the restricted funds instead of the general fund. The general fund should be only the last resort, he says. Taylor and Warpehoski won’t support Briere’s amendment. Hieftje says he’ll support funding the administrator’s contract out of Percent for Art money. He discounts the idea that there’s a legal problem using the money for administration.

8:57 p.m. Lumm wants to postpone, but Hieftje wants to handle the amendment first. Eaton questions the parliamentary principle cited by Hieftje. But they deal with the amendment.

8:58 p.m. Outcome: The amendment to draw the funds from the general fund fails with support only from Teall, Eaton, Briere and Lumm.

9:00 p.m. Lumm now moves to postpone the vote on the contract extension until the council’s Feb. 18 meeting. Briere asks Hupy if the postponement would affect the city’s ability to pay Seagraves between now and Feb. 18. Yes, he says. Briere asks a question that Hupy doesn’t understand.

9:03 p.m. Hupy clarifies that the council would be able to pay Seagraves under a scenario where the council returns money to the funds of origin. Briere says she sees no need to postpone. Hieftje alludes to the discussion at the last council meeting and says he also won’t support postponement. Eaton says that he supports postponement because he doesn’t think there are eight votes in support tonight. Hieftje responds: “I can accept that!”

9:04 p.m. Hupy and Lumm are talking about how the administrative funding works.

9:05 p.m. Hiefjte says that in light of Eaton’s remark, he’ll support postponement. Hupy clarifies that he will not be able to pay Seagraves if the resolution is postponed. Teall says: “That’s not right.”

9:06 p.m. Warpehoski asks what the impact would be on the progress of projects that Seagraves is working on. Hupy indicates there’d be a negative impact.

9:08 p.m. Taylor echoes Teall’s sentiments. This postponement would put the contractor out of work and he calls it “not proper.” He says that it’s unfortunate that this question of the contract is being linked to a different question about the larger issue.

9:10 p.m. Outcome on postponement: The postponement fails with Teall, Warpehoski, Briere, Petersen and Taylor voting against it.

9:12 p.m. Outcome on the main resolution: The council has rejected the six-month extension for the public art administrator’s contract. Voting against it were Anglin, Eaton, Kailasapathy, and Lumm, so it thus failed to achieve the eight votes it needed to pass.

9:13 p.m. Warpehoski raises his voice, expressing incredulity that those who opposed the contract did so. He tells them they’ve thrown Seagraves out of his job. He says “Shame on you!” to councilmembers who voted against the extension, and concludes his outburst with “I’m offended.” Eaton raises a point of order.

9:13 p.m. DB-2 Germain Motors site plan. The council is being asked to approve a proposed expansion for Germain Motors – an auto dealership on South State Street, formerly Howard Cooper Imports. The site plan was recommended for approval by Ann Arbor planning commissioners at their Dec. 17, 2013 meeting. [For additional background, see Germain Motors Site Plan above.]

9:13 p.m. Outcome: The council has voted to approve the Germain Motors site plan.

9:14 p.m. DS-1 Planning commission bylaws. The council is being asked to approve a change to the planning commission’s bylaws. This was considered and postponed twice last year, as the planning commission has weighed additional changes to the bylaws. The planning commission is continuing to weigh those changes, which involve speaking turns and time during public hearings, and whether a city councilmember can address the commission.

The change in front of the council tonight relates to the order of agenda items, and the length of time required for special accommodations. The change would require additional lead time so that special accommodations, including a sign language interpreter, can be made for people with disabilities, when requested at least two business days in advance of a meeting. The current bylaws specify just a one-day advance request. If the council follows the previous pattern, this will be postponed. [For additional background, see Planning Commission Bylaws above.]

9:15 p.m. Eaton ventures that the rule on councilmembers addressing the planning commission is exactly reversed from what it should be: Councilmembers with a petition in front of the commission should be able to address the commission, he says.

9:15 p.m. Outcome: The council has voted to postpone consideration of the change to the planning commission’s bylaws until the first meeting in March.

9:15 p.m. DS-2 Geddes Avenue project. The council is being asked to consider approval of a $398,703 contract plus a $40,000 contingency with Hubbell Roth & Clark Inc. to reconstruct Geddes Avenue from Huntington to Huron Parkway. The project, which includes five components, is scheduled to start in the spring of 2015 and may continue through 2016. The five components of the project are: reconstruction of Geddes, sanitary sewer on Geddes, sanitary sewer on Dover Place and Riverview, storm sewer on Geddes, and water main on Dover Place and Riverview. [For additional background, see Geddes Avenue Reconstruction: 2015 above.]

9:18 p.m. Lumm and Petersen are engaging Elizabeth Rolla and Craig Hupy in a discussion about the project – as it’s in Ward 2, which they represent.

9:19 p.m. Outcome: The council has voted to approve the contract to reconstruct Geddes Avenue.

9:20 p.m. DS-3 Edwards Brothers property. This resolution would authorize the city administrator to move ahead with the purchase of the 16.7-acre Edwards Brothers Malloy property on South State Street. The University of Michigan has made an offer to Edwards Brothers to purchase the property for $12.8 million, but the city has a right of first refusal.

Specifically, the resolution approves the exercise of the city’s right of first refusal, appropriates necessary funds, and directs the city administrator to notify Edward Brothers Malloy about the exercise of the city’s right. As of early afternoon on Friday, Jan. 31, the item contained no other background information. Reached by phone late Friday afternoon, city administrator Steve Powers told The Chronicle that he and other staff would be working over the weekend to finalize the information that the council would be provided before being asked to consider the possible purchase of the land. That includes the financing mechanism, source of funds, types of scenarios for the city eventually to shed ownership of the land, results of an environmental review, and possible zoning revisions to enhance property value.

However, the information still wasn’t made available by the start of Monday’s council meeting. Powers allowed that the council might not be ready to vote at its Feb. 3 meeting, but confirmed that the council’s next regular meeting on Feb. 18 would still fall within the 60-day window of opportunity for action. [For additional background, see Edwards Brothers Land above.]

9:21 p.m. Outcome: The council has voted to postpone the question until after a closed session. [Proper motion here would have been to table.]

9:22 p.m. Closed session. Outcome: The council has voted to go into closed session to discuss land acquisition and written communication protected by attorney-client privilege.

10:15 p.m. Three conversational pods here in city council, as we wait for the council to conclude its closed session.

10:58 p.m. The council has emerged from the closed session.

11:00 p.m. The council is back in open session.

11:01 p.m. Outcome: The council has voted to postpone consideration of the Edwards Brothers land purchase until its next meeting.

11:02 p.m. Communications from council. Hieftje is querying Eaton about his intentions for next meeting on the public art administrator. Eaton indicates that he intends to bring it back for reconsideration.

11:03 p.m. Briere ventures that Seagraves might continue not to continue his employment. In the next two weeks he might choose not to be reliable or forgiving, she says. So the council is taking a risk, she says. No matter what the funding its, the city still needs a public art administrator, she says.

11:03 p.m. Clerk’s report of communications, petitions and referrals. Outcome: The council has received the clerk’s report of communications.

11:03 p.m. Public comment general time. There’s no requirement to sign up in advance for this slot for public commentary.

11:07 p.m. Thomas Partridge is addressing the council. He’s talking about a trip by president Barack Obama to East Lansing. Partridge hopes he’ll extend the visit to Ann Arbor. He’s talking about income disparity between the top 1% and the rest of the population. He’s complaining about snow-removal contractors for the Walden Hills Apartments. They allow “mountains of snow” in excess of 30 feet high, he says.

11:09 p.m. Edward Vielmetti is now addressing the council. He points out to the council that the habit of some of the boards and commissions is to submit their minutes late –highlighting the LDFA (local development finance authority). The council should insist that minutes be submitted promptly. He also highlights the downtown citizens advisory council minutes. The most recent minutes show only two people attending the last meeting, but the minutes were submitted as if it was a regular meeting, he said.

11:13 p.m. John Floyd says this has been the best snow plowing he’s experienced in the last 15 years. He alludes to a remark quoted from Joan Lowenstein who apparently characterized Jack Eaton as being wrong 100% of the time. He engages in a humorful dialogue that concludes with his presentation of a broken watch to Eaton – which Eaton can wear and thus be right at least twice a day.

11:15 p.m. A speaker is addressing the council on behalf of Camp Misfit, reprising themes from the public commentary at the start of the meeting. Seth Best follows up with remarks supportive of the homeless community. He also reiterates his concerns about the proposed outdoor smoking regulations. He suggests community service as an option to the $50 fine.

11:18 p.m. Caleb Poirier thanks the council for the work they do. He allows that a lot of good work is being done for human services in this city. He cites the Delonis Center for their good work. He compliments the AAPD officers who delivered the eviction notices, saying that they were apologetic about the fact they had to deliver the notice. He said that the message his group had tried to bring was multi-faceted. He allowed that all of these things need work.

11:18 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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Two new ordinances will be given initial consideration at the Ann Arbor city council’s Feb. 3, 2014 meeting. One involves public art – which relates to leftover business from the council’s previous meeting. The second proposed new local law involves prohibitions against smoking in some public places.

Screenshot of Legistar – the city of Ann Arbor’s online agenda management system. Image links to the Feb. 3, 2014 meeting agenda.

Public art is actually the topic of two separate items on the council’s agenda. One is a contract extension for the city’s part-time public art administrator, which had been on the council’s Jan. 21, 2014 agenda, but was postponed at that meeting.

The postponement took place in the context of a political horse trade offered by Jack Eaton (Ward 4) at the council table on Jan. 21. Eaton indicated he’d support the public art administrator’s contract extension at the council’s subsequent meeting – but only if the council would move toward returning as-yet-unallocated money set aside during the now defunct Percent for Art program to its funds of origin (e.g., sanitary sewer fund, street millage fund etc.).

Both elements of the horse trade are scheduled for the Feb. 3 meeting. The move toward returning money out of the public art fund takes the form of initial consideration of an amendment to the city’s public art ordinance. The ordinance amendment, sponsored by Jane Lumm (Ward 2), would allow the council to return money accumulated under the city’s former Percent for Art program to the funds from which that money was drawn. The ordinance change would need a second and final council vote at a subsequent meeting to be enacted. Any transfer of public art money would require separate council action after the potential ordinance change.

A third public art item is expected to be on the agenda as an item of communication – the annual public art plan for fiscal 2015, which was approved by the Ann Arbor public art commission at its Jan. 29 meeting. It lists projects that are underway, as well as potential new projects for the coming year.

Also getting initial consideration on Feb. 3 will be a new ordinance that would prohibit smoking in specific outdoor public areas. Made punishable through a $50 civil fine would be smoking within 20 feet of: (1) bus stops; (2) entrances, windows and ventilation systems of the Blake Transit Center; and (3) entrances, windows and ventilation systems of any city-owned building. The ordinance amendment would also authorize the city administrator to have signs posted designating certain parks or portions of parks as off limits for outdoor smoking.

In another item on its Feb. 3 agenda, the council will consider approval of a $398,703 contract plus a $40,000 contingency with Hubbell Roth & Clark Inc. to reconstruct Geddes Avenue from Huntington to Huron Parkway. The project, which includes five components, is scheduled to start in the spring of 2015 and may continue through 2016. The five components of the project are: reconstruction of Geddes, sanitary sewer on Geddes, sanitary sewer on Dover Place and Riverview, storm sewer on Geddes, and water main on Dover Place and Riverview.

Also on the council’s Feb. 3 agenda is a proposed expansion for Germain Motors – an auto dealership on South State Street, formerly Howard Cooper Imports.

The council will also consider setting a hearing date for three establishments that could potentially be recommended for non-renewal of their liquor licenses for non-payment of taxes: The Arena, Banfield’s Bar & Grill, and Café Zola. The three businesses were also subject to the same scrutiny last year, and all eventually paid their taxes without having their licenses revoked.

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

Public Art

Two items related to public art appear on the council’s Feb. 3, 2014 agenda. One item is a contract extension for the city’s part-time public art administrator, Aaron Seagraves. The extension had been on the council’s Jan. 21, 2014 agenda, but was postponed at that meeting.

The postponement took place in the context of a political horse trade offered by Jack Eaton (Ward 4) at the council table on Jan. 21. Eaton indicated he’d support the public art administrator’s contract extension at the council’s subsequent meeting on Feb. 3 – but only if the council would move toward returning as-yet-unallocated money set aside during the now defunct Percent for Art program to the money’s funds of origin (e.g., sanitary sewer fund, street millage fund etc.).

Both elements of the horse trade are on the Feb. 3 agenda. The move toward returning money out of the public art fund takes the form of an amendment to the city’s ordinance on public art.

A third public art item is expected to be added to the Feb. 3 agenda as well, but simply as an item of communication – the annual public art plan for fiscal 2015, which the Ann Arbor public art commission approved at its Jan. 29 meeting.

Public Art: Part-time Administrator’s Contract Extension

The council will be asked again to consider a six-month extension for Ann Arbor public art administrator Aaron Seagraves – through June 30, 2014. The council will be asked to allocate $18,500 to cover the added term.

The budget expenditure for Seagraves’ contract will need support from at least an eight-vote majority on the 11-member council. That’s why some councilmembers’ dissatisfaction with the current $839,507 in unallocated money in the public art fund posed a credible possibility of a failed vote at the Jan. 21 meeting.

The proposal to postpone the vote on the contract extension came from Jack Eaton (Ward 4), who wanted to delay until the council’s next meeting, by which time a clear plan could be crafted to return the Percent for Art money to its funds of origin. The only dissenting vote on postponement at the Jan. 21 meeting came from Margie Teall (Ward 4). [Details of the council's deliberations are reported in The Chronicle's live updates from the Jan. 21 meeting.]

Seagraves is contracted to work an average of 20 hours a week.

By way of background, the city council enacted a public art ordinance in late 2007, setting up a Percent for Art program as a funding mechanism. For each of the city’s capital projects, 1% of the budget – up to a cap of $250,000 – was set aside for public art. The Ann Arbor public art commission oversaw the expenditures. However, the approach proved controversial and the city council changed the ordinance to eliminate the Percent for Art funding mechanism at its June 3, 2013 meeting. That ordinance change came after a failed public art millage that was put before voters in the November 2012 election.

Under the new approach, city staff will work to determine whether a specific capital improvement should have enhanced design features “baked in” to the project – either enhanced architectural work or specific public art. The funding for any of the enhanced features would be included in the project’s budget and incorporated into the RFP (request for proposals) process for the capital project.

The funds accrued to the public art fund during the time of the Percent for Art program are still subject to the same legal constraints – which require a thematic link between the original source of the funds (e.g., the street millage) and the piece of art to be funded.

A budget summary provided by Seagraves in response to a Chronicle emailed query shows a current balance of $839,507 in available funds for public art, as of Jan. 14, 2014. 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]

The council debate at its June 3, 2013 meeting included wrangling about what to do with that fund balance, with Jane Lumm (Ward 2) arguing unsuccessfully that $845,029 should be returned to the funds of origin. The council voted to return only the money that had accrued to the fund in the most recent budget year – $326,464.

Public Art: Ordinance Revision

At the June 3, 2013 meeting, the council did not ultimately vote on Lumm’s proposal to return Percent for Art money from earlier years to its funds of origin. That’s because the council rejected her proposal to amend the public art ordinance to allow that transfer to take place.

So Lumm’s ordinance proposal for the Feb. 3, 2014 meeting reprises the previous effort to amend the ordinance to allow the transfer of money accumulated during previous years of the Percent for Art program to the money’s funds of origin.

If the council votes to approve the ordinance on Feb. 3, it would still require a second vote at a subsequent meeting to be enacted. And any transfer of money would require a separate council action.

Outdoor Smoking

On the council’s Feb. 3 agenda for initial consideration is a new ordinance that would prohibit smoking in specific outdoor public areas. Made punishable through a $50 civil fine would be smoking within 20 feet of: (1) bus stops; (2) entrances, windows and ventilation systems of the Blake Transit Center; and (3) entrances, windows and ventilation systems any city-owned building.

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

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

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

Chuck Warpehoski (Ward 5) is listed as the sponsor of the ordinance change on the city’s Legistar system. At the council’s Oct. 21, 2013 meeting, he had announced his intent to bring forward a proposed ordinance regulating outdoor smoking, and reported at that time he’d been working with city parks staff on the issue.

Geddes Avenue Reconstruction: 2015

The council will consider approval of a $398,703 contract plus a $40,000 contingency with Hubbell Roth & Clark Inc. to reconstruct Geddes Avenue from Huntington to Huron Parkway.

The portion of Geddes to be reconstructed is indicated in yellow. Parcels currently lacking sanitary sewer service are indicated in red.

The project, which includes five components, is scheduled to start in the spring of 2015 and may continue through 2016. The five components of the project are: reconstruction of Geddes, sanitary sewer on Geddes, sanitary sewer on Dover Place and Riverview, storm sewer on Geddes, and water main on Dover Place and Riverview. [.pdf of map showing parcels currently lacking sanitary sewer service]

The components of the project, which the city is calling collectively the Geddes Avenue Improvements Project, could also include corrections of slope sloughing, and the construction of non-motorized improvements within the project limits.

The scope of the actual project is supposed to stem in part from public participation. So part of the contract with HRC includes a “robust public engagement process” to include the adjacent residents, various interest groups, and the public at large.

Germain Motors Site Plan

On the council’s Feb. 3 agenda is a proposed expansion for Germain Motors – an auto dealership on South State Street, formerly Howard Cooper Imports.

The site plan was recommended for approval by Ann Arbor planning commissioners at their Dec. 17, 2013 meeting. The item had previously been postponed by commissioners on Nov. 19, 2013.

The planning commission’s recommendation of approval of the project’s site plan was subject to variances for modifications related to parking lot and landscaping requirements. Those variances were considered and approved by the city’s zoning board of appeals on Jan. 22. Planning commissioners also approved landscape modifications that would reduce the requirement – outlined in Chapter 62 of the city code – for depressed landscape islands within the site.

The planning staff had supported a recommendation of approval on Dec. 17, noting that the owner had addressed several issues that had previously raised concerns. Changes from the plan presented on Nov. 19 include:

• Adding 5,027 square feet of porous pavers to be installed in the expanded vehicle display areas along State Street and Oakbrook Drive.
• Adding eight new depressed landscape islands to the parking storage areas in the back of the site. The changes mean a loss of about 24 parking spaces.
• Changing the landscape modification request. The original request had included reducing the number of required trees to be planted on site by eight. The owner now plans to plant all of the required trees.

The project’s architect also explored the possibility of adding a “green” (vegetated) roof, but ultimately determined that it wasn’t feasible without making significant changes to the existing buildings. The question of whether the architect had considered a green roof to help with stormwater management was raised on Nov. 19.

Other parts of the proposed project, which is located in Ward 4, were unchanged. It calls for a 4,877-square-foot addition to the Volkswagen building on the northern portion of the State Street frontage, bringing the total square footage to 18,722 for that structure. A 6,429-square-foot addition is proposed for the Porsche/Audi building, in the center of the site, which would create a total building size of 31,097 square feet. The site’s third building, housing the Honda dealership on the southern part of the property, would remain at 36,101 square feet.

Also, the owner – Steve Germain, who attended the Nov. 19 planning commission meeting with several members of the project team – would like to add 248 parking spaces, bringing the total number of spaces to 1,039. The new spaces would be in three locations: (1) along the southern half of the South State Street frontage; (2) along the Oakbrook Drive frontage; and (3) in the rear car storage lots. The proposal would require three variances from Chapter 59 (off-street parking) in order to allow tandem parking, to reduce the aisle widths, and to exceed the maximum percentage (30%) of allowable small car parking spaces. Those are the variances granted by the ZBA at its Jan. 22 meeting.

The total expansion is estimated to cost $5.5 million.

Liquor Licenses: Possible Non-Renewal

On the council’s Feb. 3 agenda is a resolution that would set hearings on a recommendation for non-renewal of liquor licenses for three establishments in the city. The date of the hearing would be Feb. 25 at 9 a.m.

The three businesses subject to the hearings are The Arena, Banfield’s Bar & Grill, and Café Zola. They could all potentially be recommended for non-renewal due to non-payment of personal property taxes.

The council’s resolution would also appoint Jane Lumm (Ward 2) as the hearing officer. Lumm serves on the council’s liquor license review committee, along with Mike Anglin (Ward 5) and Sumi Kailasapathy (Ward 1).

Lumm served as the hearing officer for this kind of proceeding in 2013 as well. Also on that occasion, Banfield’s Bar & Grill, Café Zola and The Arena were on the hearing list. However, by the time of the hearing, Café Zola had resolved its issue. And at the hearing itself, Banfield’s Bar & Grill made an arrangement to resolve its outstanding issue.

Only the hearing on The Arena ultimately resulted in a city council recommendation to the state liquor control commission not to renew a license. Subsequently, The Arena did pay its taxes, and the council withdrew its objection to a license renewal for The Arena.

Planning Commission Bylaws

Again on the city council’s agenda is the approval of a change to the planning commission’s bylaws. The changes related to the order of agenda items, and the length of time required for special accommodations, such as sign language interpreters. The change would require additional lead time so that special accommodations, including a sign language interpreter, can be made for people with disabilities, when requested at least two business days in advance of a meeting. The current bylaws specify just a one-day advance request.

The planning commission had given approval to changes in its bylaws about six months ago – at its July 16, 2013 meeting.

The bylaws changes were considered but postponed twice by the city council last year – first at the council’s Nov. 7, 2013 meeting, then at the Dec. 16, 2013 meeting. [.pdf of planning commission bylaws changes]

The council had held off voting to approve the bylaws changes as the planning commission has considered further revisions to its bylaws – related to the number of times someone can speak during a public hearing, and whether city councilmembers are allowed to address the planning commission during the commission’s meetings.

At a regular meeting of the planning commission, the additional revisions were discussed most recently on Nov. 6, 2013. The additional changes were also discussed at a working session on Jan. 7.

Appointments to City Boards, Commissions

Several nominations to city boards and commissions were made at the council’s previous meeting on Jan. 21. They’ll be voted on at the council’s Feb. 3 meeting.

Jim Simpson was nominated to fill the vacancy of Malverne Winborne on the public art commission. Winborne’s term ended on Dec. 31, 2013.

Daniel Lee was nominated to serve out the rest of Marta Manildi’s term on the Ann Arbor housing commission. Manildi’s term ends this spring, but she said she’d step down early if someone could be appointed.

Paige Morrison was nominated to serve out the rest of Jennifer Geer’s term on the Ann Arbor park advisory commission. Geer has resigned.

And Peter Woolf was nominated to fill the vacancy of Lindsey-Jean Hard on the public market advisory commission.

Consent Agenda

The consent agenda 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. Here are some highlights from the Feb. 3 consent agenda.

Consent Agenda: Chelsea Tech Agreement

The council is being asked to approve an amendment to the renewal agreement for information technology services between the city of Ann Arbor and city of Chelsea. The contract is being amended to match fiscal years – by extending it an extra five months for a total of 17 months and $80,499.

The contract covers support for the help desk, management of the city’s website, server hosting, data backup and recovery, overseeing IT contractors, project management, and representing the city of Chelsea in regional technology efforts and meetings.

Consent Agenda: Street Closings

The council will be asked to approve street closings for FoolMoon (April 4, 2014) and FestiFools (April 6, 2014).

Consent Agenda: Firehouse Subs Grant

The council will be asked to approve a resolution accepting a grant of $25,736 from Firehouse Subs Public Safety Foundation Corporation. The money will be used to buy 11 automatic external defibrillator units for use by the fire department.

It was the fire department that applied for the grant to replace existing equipment. No matching funds are required.

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