Hello neighbors!
Welcome to my Ann Arbor City Council newsletter, where you can connect with primary sources to understand the work of your local government. My goal is to provide clear explanations of all the issues your elected representatives will be discussing at their next meeting and alert you to local policy and decisions that have been assigned to unelected Mayoral appointees.
This week’s Council agenda is short. It includes two public hearings and final approval (rezoning and site plan) for a new development of apartments at North Maple and Calvin Street. Council will also discuss $45 million in water supply revenue bonds (DS-1) and authorize $450,000 in spending to pay for tree branch and limb cleanup (DC-2). I wrote about DS-1 and DC-2 in my “Additional Thoughts” section below.
E-Bike Open House
Tomorrow the City and the SPIN company are hosting a “roll-out” event to demonstrate e-bikes.
Monday, April 3, 2023 1:00 p.m.
Allen Creek Berm Tunnel at the bend facing the Huron River
Weather permitting, e-bikes will be available to try. Helmets will not be provided and participants will be asked to sign a waiver.
At their last meeting (March 20th), City Council unanimously approved a City shared e-bike program, which will allow the SPIN company to continue distribution of e-scooters and introduce service for 100 e-bikes. City Council unanimously approved SPIN’s request for a reduced licensing fee— the $1 per unit/day fee was reduced to 20 cents per unit/day.
CONGRATULATIONS to Jasmine Hampton!
Last week, Ann Arbor native Jasmine Hampton successfully competed in Detroit, and has now earned her spot in the second round of Olympic trials, set to take place this December in Lafayette, Louisiana. The December trials will determine who joins the USA Olympic boxing team that will compete in Paris 2024!
Announcing A2Flag.com
At their last meeting, City Council unanimously approved a resolution to re-design the City flag in anticipation of the bicentennial celebration. Per the resolution, the City Public Art Commission will develop a “project plan” which will include an estimate of cost and process for public engagement.
In the meantime, I’ve established an unofficial website A2Flag.com to collect community suggestions — let’s brainstorm ideas! If you are at all crafty or creative, I invite you to make a design and email it to annarborflag@gmail.com. A gallery of submissions will be published at A2Flag.com
In Case You Missed It…
On my YouTube channel, you can find recordings of public meetings that are open to attend live or in-person but are not made available by the City to view later. Please reach out if you have suggestions about public meetings that should be recorded. Subscribe to my YouTube channel if you would like to be alerted to new content as it gets added.
https://www.youtube.com/@a2elnel
Ann Arbor City Planning Commission Ordinance Revisions Committee: March 28, 2023
This is a recording I made of a Zoom meeting held on Tuesday, March 28, 2023 by the Ann Arbor City Planning Commission Ordinance Revisions Committee. No votes were held at this meeting.
https://a2council.com/ann-arbor-city-planning-commission-ordinance-revisions-committee-march-28-2023/
Village of Ann Arbor Resident Participation Meeting: March 27, 2023
This is my Zoom recording of a public engagement meeting held on March 27, 2023. The meeting was led by Robertson Brothers Homes and DTN Management to review plans for a new residential community located on the south side of Dhu Varren Road east of Pontiac Trail, near the previously approved “Village of Ann Arbor” development.
The proposed site plan amendment would incorporate this parcel into the approved Village of Ann Arbor development, which consists of 164 for‐sale townhome and 320 rental apartment units, to be constructed south of Dhu Varren Road and east of Pontiac Trail. The proposed site plan adds approximately 11 acres to the site along Pontiac Trail which will result in an additional 120 stacked apartment units in four buildings being added to the north side of the site. The additional land will result in the site being approximately 78 acres in size.
https://a2council.com/village-of-ann-arbor-resident-participation-meeting-march-27-2023/
Owl Creek Resident Participation Meeting: March 30, 2023
This is my Zoom recording of a public engagement meeting held on March 30, 2023. The meeting was led by Midwestern Consulting and architect J Bradley Moore to review the proposed site plan to expand Owl Creek Apartments.
The property owner is proposing to modify the existing R4A zoning to R4D to construct a five-story apartment building (with attendant parking) containing approximately 135 dwellings in a mixture of studios, 1 & 2 bedroom units.
https://a2council.com/owl-creek-resident-participation-meeting-march-30-2023/
Ann Arbor City Council Meeting Agenda
Below is my summary of issues on the City Council Agenda this week, with links to more information about each of them. If you have comments about any of these issues, you can email all of Council at CityCouncil@a2gov.org
Ann Arbor City Council Meeting
Monday April 3, 2023 7:00PM
Ann Arbor City Hall (2nd Floor)
301 E Huron St, Ann Arbor 48104
The full agenda (including a link to the latest published PDF agenda, and instructions for dialing into the meeting) is on the A2Gov Legistar website:
http://a2gov.legistar.com/MeetingDetail.aspx?ID=1062170&GUID=EEEAD186-B47B-4544-9B2D-E206192F105A
City Council meetings are broadcast live by CTN on Comcast (channel 16) and AT&T (channel 99) and online at a2gov.org/watchCTN
Meetings are also streamed live on the CTN YouTube channel:
https://www.youtube.com/user/ctnannarbor
How to reserve public comment
People that wish to comment at a City Council meeting must sign up with the City Clerk’s office in advance. Speakers are allotted 3 minutes, with the first 15 speakers allowed to speak in a 45 minute session near the beginning of the meeting. Remaining speakers will speak at the end of the Council meeting. Public comment can be made either in person or remotely via phone/Zoom audio.
To sign up for public comment, please go to or call the City Clerk’s Office at 734-794-6140 on the day of the meeting between 8:00 AM and 5:00 PM. At 1:00 PM, all speakers that have signed up are randomly ordered in “priority groups”. After 1:00 PM, speaking times are granted on a first-come, first-served basis. No new speakers will be added to the list after 5:00 PM. For more information, visit the City Clerk’s webpage about electronic meetings, section “City Council Public Commentary Time”
https://www.a2gov.org/departments/city-clerk/Pages/Virtual-Meetings-.aspx
Questions to the Agenda
In preparation for a Council meeting, Council members can ask questions of staff about scheduled agenda items. Questions must be submitted by noon on the Wednesday before a Council Meeting, and answers are returned the next day (Thursday) by 5pm.
AC-1 (23-0572) Agenda Response Memo and eComments – April 3, 2023
This agenda item has a PDF attachment with all questions raised by Council Members, and the answers provided by staff.
No Council members asked questions this week
Communications from the Mayor
MC-1 (23-0480) Appointments – Confirmations
This mayoral nomination was presented at the previous meeting, and will therefore be voted on at this Council meeting.
- Anne Harlow – Board of Review
MC-2 (23-0565) Nominations and Appointments for April 3, 2023
This mayoral nomination is being presented at this meeting, and will therefore be voted on at the next Council meeting.
- Dr. Elisabeth Gerber – Ann Arbor Area Transportation Authority
Consent Agenda
Below is the list of items included on the Consent Agenda. If no one on Council specifically requests that an item be pulled for discussion, the whole of this list will be approved in a single vote. I encourage you to look at this list and offer suggestions to me about anything you would like to see pulled for discussion.
CA-1 (23-0531) Resolution to Approve Street Closings for the Annual Box Car Race/Soap Box Derby – Sunday, April 16, 2023
CA-2 (23-0481) Resolution to Approve the Second Amendment to the Lease with 2725/2805 Associates, LLC (successor to First Industrial, L.P.) for Administrative and Video Production Space for the City Community Television Network (2805 S. Industrial Highway, Ste. 200 Eisenhower Corporate Park) (8 Votes Required)
CA-3 (23-0535) Resolution to Approve Amendment 1 to the Professional Services Agreement with Altura Solutions, LLC for Parks ADA Compliance Assessment and Transition Plan ($9,942, contract total $219,957.50)
CA-4 (23-0530) Resolution to Approve the City’s Participation in the Settlements of the National Prescription Opiate Litigation Against Allergan, Teva, CVS, and Walmart
Public Hearings
Anyone wanting to comment on these issues may speak for 3 minutes, without having specifically reserved time. Issues subject to public hearing will also be up for a vote by Council later in the meeting.
PH-1/B-1 (23-0491) An Ordinance to Amend Section 8:527 of Chapter 105 (Housing Code) of Title VIII (Building Regulations) of the Ann Arbor City Code (ORD-23-11)
The City’s housing code will be amended to require carbon monoxide detectors in all current rental units, consistent with requirements for new construction and certain alterations.
PH-2/B-2 (23-0124) An Ordinance to Amend Chapter 55 (Zoning), Rezoning of 3.13 Acres from TWP (Township) and R1B (Single-Family) to PUD (Planned Unit Development), North Maple Apartments Rezoning, 1815, 1855, and 1875 North Maple and 1921 Calvin Street (CPC Recommendation: Approval – 9 Yeas; 0 Nays) (ORD-23-08)
Parcels at 1815, 1855, and 1875 North Maple and 1921 Calvin Street will be rezoned from TWP (Township) and R1B (Single-Family) to PUD (Planned Unit Development). A total of 3.13 acres will be rezoned to allow the “North Maple Road Apartments” development of 79 dwelling units in a four-story apartment building with a single-story clubhouse with 65 off-street parking places with EV infrastructure. There will be 12 affordable units (priced permanently at 60% or less of Area Median Income).
PH-3/DB-1 (23-0125) Resolution to Approve the North Maple Apartments Site Plan and Development Agreement, 1815, 1855, and 1875 North Maple Road and 1921 Calvin Street (CPC Recommendation: Approval – 9 Yeas and 0 Nay)
This site plan (see PH-2/B-2, PUD zoning) includes 79 dwelling units in a four-story apartment building with a single-story clubhouse with 65 off-street parking places with EV infrastructure. There will be 12 affordable units (priced permanently at 60% or less of Area Median Income).
Ordinances – Second Reading
In order to amend the city code, Council must vote to approve the change, via ordinance, at two Council meetings. The following proposed ordinances were approved at a previous Council meeting, and are also subject to a public hearing as listed above.
B-1 (23-0491) is the same as PH-1 above.
B-2 (23-0124) is the same as PH-2 above.
Ordinances – First Reading
In order to amend the city code, Council must vote to approve the change, via ordinance, at two Council meetings. The following proposed ordinances are being introduced for “first reading”. If approved, the ordinance will be voted on at a subsequent Council meeting (“second reading”), where it will also be subject to a public hearing.
There are no ordinance first readings on the agenda
Motions and Resolutions
The following agenda items are motions and resolutions, which are approved or rejected in a single meeting. Agenda items marked “DC” are proposed by Council members, items marked “DB” are proposed by City boards and commissions, items marked “DS” are proposed by City staff.
DB-1 (23-0393) A Resolution Requesting the City Administrator to Engage with the Michigan Legislature and Michigan Public Service Commission to Advance Energy Equity and Resilience
This resolution calls on the Michigan Legislature to take action toward addressing power outages, assisting rate payers and funding local resilience. It calls on the the Michigan Public Service Commission to hold DTE accountable for improving the electrical systems and providing greater transparency in outage maps. The City Administrator is directed to work with the Council Policy Committee and DTE to facilitate timely installation of infrastructure. City Council asks DTE to attend meetings of the City’s Energy Commission.
DC-1 (23-0563) Resolution to Support Pollinator Habitat in Ann Arbor
The City administrator is directed to encourage property owners to reduce mowing frequency during the spring months and reduce raking and cleanup of leaves in the fall months. The City administrator is further directed to encourage property owners to increase diverse native plantings. A communication plan will be prepared.
DC-2 (23-0575) Resolution to Ratify an Emergency Best Source Purchase Order with The Davey Tree Experts Company (Davey) for Branch Collection ($250,000) and Increase the Purchase Order Amount ($200,000) for Debris Cleanup related to the February 22 and March 3, 2023 Ice and Snow Storms and To Appropriate the Necessary Funding ($450,000) (8 Votes Required)
In response to local storms (2/22 and 3/3) that caused fallen tree limbs and branches, City Council will approve spending of $450,000 for residential cleanup/pickup. At the City Council meeting on March 20, City Administrator Dohoney announced that $50,000 had already been spent on the service and that he had signed a $200,000 contract for additional services on an emergency basis. For more on this, see my “Additional Thoughts” section below.
DB-2 (23-0125) is the same as PH-3 above.
DS-1 (23-0515) Resolution Authorizing Publication of Notice of Intent to Issue Revenue Bonds and Reimbursement of Certain Expenses ($45,000,000.00) (6 Votes Roll Call)
A “notice of intent” will be published in advance of the City issuing $45,000,000 in water supply revenue bonds to fund “acquiring, constructing, installing, furnishing and equipping additions and other improvements to the City’s water supply system, as well as refurbishing, repairing or maintaining the same.” This publication is the first step in starting a 45 day “referendum period” during which a petition could be filed against it. State law describes such a petition: as ”signed by not less than 10% or 15,000 of the registered electors, whichever is less, residing within the limits of the borrower.” A successful petition would force a vote on the question of whether to issue the bonds. For more on this, see my “Additional Thoughts” section below.
Additional Thoughts
I also published this on my website:
https://a2elnel.com/post/revenue-bonds-debris-cleanup-when-council-asks-no-questions/
Revenue Bonds & Debris Cleanup: When Council Asks No Questions
This week’s Council agenda is very short, but two items – $45 million in water supply revenue bonds (DS-1) and $450,000 expenditure for tree limb cleanup (DC-2) – are worth extra discussion and consideration.
NO DETAILS, NO QUESTIONS
On this week’s agenda, item DS-1 is a notice of intent that the City plans to issue $45,000,000 in water supply revenue bonds.
DS-1 (23-0515) Resolution Authorizing Publication of Notice of Intent to Issue Revenue Bonds and Reimbursement of Certain Expenses ($45,000,000.00) (6 Votes Roll Call)
In recent years, such revenue bonds have typically been issued through the state Drinking Water Revolving Fund (DWRF) program, which offers lower-than-market interest rates and the potential for loan forgiveness. As recently as one year ago (4/4/22), the City issued $6,180,000 in water supply system revenue bonds through the DWRF program, for the purpose of funding the Barton Pump Station Valve Replacement project. It was, at the time, the eighth issuance of such bonds at a below-market interest rate. From the Council action on these bonds in April 2022:
The City shall sell the Bonds to the Authority at par value and at an interest rate of not to exceed two and one-half percent (2.50%) per annum.
http://a2gov.legistar.com/View.ashx?M=F&ID=10757319&GUID=E23435B6-C385-49F0-9EF7-6FB15FAE315C
The bonds on this week’s agenda are remarkable insofar as they are not issued through the DWRF and will not include subsidy from the state of Michigan.
The last time the City issued water supply revenue bonds outside of the DWRF program was 2008, when $26 million in bonds were issued for the purpose of “the acquisition and construction of extensions and improvements to the City’s Water Supply System.” Interest on those bonds was explained at the time:
The Bonds shall bear interest at a rate or rates to be determined on public sale thereof, but in any event not exceeding the lesser of 6% per annum, or the maximum rate permitted by law
The process of issuing these revenue bonds includes publication of intent and 45 days notice to the community. Agenda item DS-1 is notice that starts a “referendum period.” State law includes a procedure for community members to petition against a proposed revenue bond and trigger a referendum/vote on the issue.
Anyone curious to know more about City finances (including revenue bonds), you can find an explainer here:
https://www.a2gov.org/departments/finance-admin-services/accounting/Documents/NEW_Citizen%27s%20Guide%20to%20Finance%20and%20Budget-revised%20for%20CVTRS-FY20.pdf
The City of Ann Arbor also generates an Annual Comprehensive Financial Report (ACFR), which can be found on the “Financial Reporting” page of the City website:
https://www.a2gov.org/departments/finance-admin-services/financial-reporting/Pages/default.aspx
A direct link to the most recent ACFR (2022) includes information about current, outstanding bonds. See page 94 of the document (page 104 of the PDF):
https://www.a2gov.org/departments/finance-admin-services/financial-reporting/Documents/Fiscal%20Year%202022%20ACFR.pdf
Legistar includes no details about the plan for $45,000,000 in water supply revenue bonds, such as the interest rate likely to attach to them or why lower-cost DWRF funds might not have been available.
City Council members submitted no questions this week about DS-1 (or anything else on this week’s agenda).
NO VOTE, NO PUBLIC CONSIDERATION
Agenda item DC-2 will ratify $250,000 in spending that has already occurred, and approve an additional $200,000 toward a current contract with Davey Tree Experts Company, to clean up tree and limb debris from storms that occurred a month ago. Total cost: $450,000.
DC-2 (23-0575) Resolution to Ratify an Emergency Best Source Purchase Order with The Davey Tree Experts Company (Davey) for Branch Collection ($250,000) and Increase the Purchase Order Amount ($200,000) for Debris Cleanup related to the February 22 and March 3, 2023 Ice and Snow Storms and To Appropriate the Necessary Funding ($450,000) (8 Votes Required)
Attachments to DC-2 include a purchase order for $250,000 and memo from City staff requesting authorization for it; the documents are dated in that order. See timeline below:
February 27th – City announces plan for branch debris pickup to start March 6th
March 6th – City Council meeting – No action taken by Council
March 8th – $250,000 purchase order submitted to Davey Tree Expert Company (attached to DC-2 on April 3rd agenda)
https://a2gov.legistar.com/View.ashx?M=F&ID=11809400&GUID=E1D4C108-166D-431E-A2FA-FF75FA3BE199
March 16th – $49,800 payment to “THE DAVEY TREE EXPERT COMPANY” from the Public Works department reported in A2OpenBook:
https://www.a2gov.org/departments/finance-admin-services/financial-reporting/a2openbook/Pages/VendorPayments.aspx
March 17th – City staff memo (attached to DC-2 on April 3rd agenda) requests authorization for emergency purchase order for $250,000 with Davey Tree Expert Company. From that memo:
“Staff will prepare the appropriate Resolution to appropriate funding and ratify the emergency PO, for City Council consideration and approval at the next available meeting as required by City Code.”
https://a2gov.legistar.com/View.ashx?M=F&ID=11809399&GUID=EB1655BB-C2E1-48D0-947E-49EF1800C47C
March 20th – City Council meeting – City Administrator alerts Council to $200,000 emergency purchase order – No action taken by Council
There have been two Council meetings (March 6th and March 20th) since the fallen tree limb pickup service was first announced. However, this is the first time any expenses for the service appear on a City Council agenda for a vote. The City charter requires that all expenses in excess of $75,000 must be approved by a vote of City Council. City ordinance allows an exception for emergency purchases— the City Administrator may approve an emergency purchase and he must then inform City Council.
LOOKING AHEAD
Given the current political landscape, it does not surprise me that Council members had no questions about $45 million in revenue bonds. It also does not surprise me that City Council didn’t bother to question procedure around expenses for tree limb cleanup.
Council consideration of finance and spending should provide transparency and accountability to a community. A public vote of Council is meant to be an opportunity for debate and discussion, so that our elected representatives can provide oversight on behalf of residents and taxpayers. The process of a public vote in a public meeting assumes that our elected leaders consider issues thoughtfully and ask questions. That process also assumes that elected leaders understand and recognize the value of transparency and accountability.
Thank you for taking the time to be informed about our local government!
Elizabeth Nelson