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.
In their first meeting of 2025, Ann Arbor City Council considers a fairly short agenda, including four public hearings. Council will approve sale prices for new City flags (DS-1) and a contract for $300,000 in legal services (DC-1).
On the Consent Agenda, Council will approve a $1,728,000 Electric Grid Asset Valuation and Municipalization Study for public municipal power (CA-9). Advocates for local public power have raised concerns about the design of this study and what is missing. Key points raised by Ann Arbor for Public Power (A2P2):
- The study will closely estimate DTE’s physical assets (poles and wires), but not intangible costs. These include stranded costs (the utility’s reduced return on power generation, if any) and ‘going concern’ (goodwill and the value of DTE’s franchise, if any). Any valuation should carefully and thoroughly consider these, and quantify these costs.
- Setting the value of these intangibles requires a thorough legal analysis. This study includes insufficient funding for legal work—2 percent of the total study budget.
A2P2 is advocating for postponement of CA-9 to be sure that this significant investment provides everything the City needs to make informed policy decisions. You can learn more about public municipal power at:
https://annarborpublicpower.org/
A2Council Update Video
After every City Council meeting I send out an “A2Council Update” newsletter, which includes a summary video. Here is my A2Council Update video from the Council meeting of December 16, 2024:
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 January 6, 2025 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:
https://a2gov.legistar.com/MeetingDetail.aspx?ID=1251572&GUID=7BC7ADF9-3AE8-44B9-AD74-166A33107429
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 4:00 PM, all speakers that have signed up are randomly ordered in “priority groups”. After 4:00 PM, speakers are added to the end of the applicable priority group in the order received. 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.
Agenda Response Memo and eComments
This agenda item has a PDF attachment with all questions raised by Council Members, and the answers provided by staff.
This item was not posted to Legistar when this newsletter was published
UPDATE: The agenda response was published on the day of the Council meeting: (link)
Communications from the Mayor
MC-1 (24-2112) Appointments – Confirmations
These appointments from the Mayor were presented at the previous meeting, and will therefore be voted on at this Council meeting.
- Chris Boddy – Renters Commission
- Annika Konrad – Commission on Disability Issues
MC-2 (24-2155) Appointments and Nominations for January 6, 2025
These appointments from the Mayor are being presented at this meeting, and will therefore be voted on at the next Council meeting.
- Rachel Jacobson – Transportation Commission
- April Conway – Transportation Commission
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.
CA-1 (24-2107) Resolution to Approve Amendment No. 1 to the Professional Services Agreement with ASTI Environmental for Gallup Bridge Mussel Relocation ($16,000.00)
CA-2 (24-2103) Resolution Approving a Contract with the Shelter Association of Washtenaw County for the 2024-2025 Winter Emergency Shelter and Warming Center ($222,000.00)
CA-3 (24-2128) Resolution to Approve the Amended City of Ann Arbor Affordable Housing Agreement for 1140 Broadway
CA-4 (24-2086) Resolution to Approve the First Amendment to The 616 E. Washington Development Agreement (616 E. Washington Street)
CA-5 (24-2118) Resolution to Approve General Services Agreements with Kennedy Industries, Inc. (not-to-exceed $270,000.00) and KSB Dubric, Inc. (not-to-exceed $270,000.00) for Pump Maintenance and Repair Services (RFP No. 24-24)
CA-6 (24-1991) Resolution to Approve a Construction Contract with E.T. MacKenzie Company, Inc. ($1,868,000.00, RFP 24-53) for the 2024 Valve Replacement Project
CA-7 (24-2012) Resolution to Increase Purchasing Authority on the Construction Contract with E.T. MacKenzie Company for the Huron River Drive Culvert Replacement Project, RFP 24-20; ($15,765.62 Increase, Total Contract Amount $650,241.62)
CA-8 (24-2049) Resolution to Approve Three-Year Support and Maintenance Contract with Hedrick Associates for UPS and CRAC Systems in the City’s Data Centers ($157,340.00)
CA-9 (24-2102) Resolution to Approve a Professional Services Agreement with NewGen Strategies and Solutions, LLC, to Complete an Electric Grid Asset Valuation and Municipalization Study ($1,728,000.00) (8 Votes Required)
CA-10 (24-1878) Resolution to Approve a Lease Agreement between the City and the Regents of the University of Michigan for a Corporate Hangar Located at the Ann Arbor Municipal Airport (8 Votes Required)
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 (24-1863) An Ordinance to Amend Sections 5.22, 5.26, 5.28, 5.29, 5.30, and 5.37 of Chapter 55 (Unified Development Code) of Title V of the Code of the City of Ann Arbor (Fences, Reimbursements, Public and Private Utilities) CPC Recommendation: Approval (Fences 7 yes/0 no; Reimbursements 6 yes/0 no; Utilities 7 yes/0 no) (ORD-24-31)
Amendments to the UDC will alter regulation of fences, policies for developer-provided affordable housing, and definitions for public utilities.
These amendments were approved by the Planning Commission on October 1, 2024: https://a2council.com/ann-arbor-city-planning-commission-october-1-2024/
One set of amendments will add restrictions on fences with sharp edges (barbs, spikes, electrification) in residential neighborhoods. Changes will allow fences with 100% opacity in side yards (previous standard: 80% opacity) and decrease allowable height for fences in the front setback to 12 feet.
Other amendments will change policy around how application and permit fees are reimbursed when developers provide affordable housing. Currently, all fees are reimbursable. Amendments would allow the proportional reimbursement of fees relative to the percentage of affordable housing units provided. When discussed at the City Planning Commission, chair Wonwoo Lee was recused, because the policy was likely to impact the interests of his employer, Oxford Companies.
According to the staff memo (link) “Currently, 50% of application fees are reimbursed when affordable housing is provided – regardless of the percentage of affordable housing dwelling units included in the development. The proposed formula is: Total Fees x (Percentage of Floor Area Dedicated to Affordable Housing Dwelling Units / 2) The amendment will have no effect to entirely affordable housing developments but will pro-rate reimbursements for mixed-use developments or developments that provide some affordable housing dwelling units among market rate units.”
Further amendments will revise the definition of Public Utility and add a definition for “private or franchise utility.” According to the staff memo (link) “The proposed amendment seeks to correctly match public utilities and private or franchise utilities with their ownership entities and consistently use these terms across the City’s codes, ordinance and standards.”
PH-2/B-2 (24-2092) An Ordinance to Amend Section 10:143 of Chapter 126 (Traffic) of Title X (Traffic) of the Ann Arbor City Code (ORD-24-32)
The “Snow emergencies” ordinance will be renamed “On-street Snow Parking Ban” and empower the City Administrator to prohibit all on-street parking during snow events. A new ordinance would include three exemptions:
- Vehicles displaying a Disability License Plate or Disability Parking Placard
- Car owners on street blocks where no driveways exist
- Streets determined and publicized by the City Administrator as exempt
Extensive amendments would wholly remove current policy during a snow emergency that allows street parking on either the even or the odd sides of a street and during the hours of 8 pm and midnight.
In response to Council questions before first reading (link), City staff describe an “ambitious paid advertising approach” of mailings, social media, radio and targeted tv/cable/YouTube ads to educate the community about the new snow emergency policy. Staff explains that “[t]his paid approach is critical” and the City would “utilize the expertise of a media buyer.”
PH-3/B-3 (24-2106) An Ordinance to Add Section 8:532 to Chapter 105 (Housing Code) of Title VIII (Building Regulations) of the Code of the City of Ann Arbor (ORD-24-33)
A new ordinance will wholly ban a category of “pre-tenancy fees” and establish a maximum rental application fee of $50. Any rental application fee must be publicized in all advertisements or postings for the rental unit. A landlord may not charge a fee any higher than what was publicized. Anyone not offered an apartment will receive a full refund of such fees within 60 days of payment. The ordinance will not apply to fraternity/sorority houses and student co-ops, income/age/rent restricted housing subject to federal/state/City government guidelines, or short-term rental units.
PH-4/DS-1 (24-2154) Resolution to Approve New Fees for the Public Sale of the City Flag
A new City flag design (adopted in October 2024) will be available for purchase. The City will sell parade flags for $10 each and larger flags for $65. Stickers will be offered for free.
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 (24-1863) is the same as PH-1 above
B-2 (24-2092) is the same as PH-2 above
B-3 (24-2106) is the same as PH-3 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.
DC-1 (25-0008) Resolution to Approve a Legal Services Agreement with Dykema Gossett, P.L.L.C. Relative to Jennifer Alexa, Jeff Malone, Tim Rugg v. City of Ann Arbor Litigation ($300,000.00)
The City will pay law firm Dykema Gossett $300,000 for specialized legal services to handle litigation with three former City employees. Jennifer Alexa, Jeff Malone, and Tim Rugg were terminated for noncompliance with an employee vaccination mandate and now allege that the City failed to properly grant them religious exemptions. Litigation of this issue began in December 2022. (NOTE: original filings include a fourth plaintiff, who was removed from the case in November 2023.)
DS-1 (24-2154) is the same as PH-4 above
Additional Thoughts…
I also published this on my website:
https://a2elnel.com/post/knowledge-is-power-local-democracy-in-ann-arbor/
Knowledge Is Power: Local Democracy in Ann Arbor
This year, we are bracing for changes at the national level that were rejected by the vast majority of Ann Arbor residents. It’s hard to fathom how – across the country – a majority of voters could have chosen a leader so clearly driven by self-interest and guidance from billionaires. A shocking number of voters supported an agenda to concentrate power, eliminate dissent, reduce accountability, and dismantle our democratic systems. The consequences are likely to be the complete opposite of what voters were promised.
How did it happen? A steady stream of misinformation and scare tactics was persuasive, even when messaging bore little resemblance to facts and reality. More concerning: these tactics were effective even when messaging emphasized anti-democratic sentiments. Elections in 2024 illustrated how many people are vulnerable to deceptive and misleading rhetoric.
We cannot control what happens elsewhere, but we can take responsibility for making informed choices here.
This year, I’m creating a series of videos to help our community of voters (and future voters!) understand more generally what local elected leaders do and how we choose them: the democratic systems that define basic roles and responsibilities to make decisions and direct policy. We cannot make informed choices about who leads us if we do not understand what those leaders actually do. We cannot hold local elected leaders accountable if we don’t understand the authority – and limits – of those elected offices. We cannot protect our democratic systems if we do not understand them. Knowledge is power!
So far, I’ve made three short videos (each about three minutes), briefly explaining most of the elected offices in Washtenaw County: City Council, County-wide positions, the school board and the library board. My hope is that these videos will help more people in our community understand how local policy happens: who is making decisions and how those leaders are chosen. You can find all three videos linked below.
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 Special Presentation: Learn About Ann Arbor City Council
Ann Arbor Special Presentation: Learn About Washtenaw County Leaders
Ann Arbor Special Presentation: Learn about the School and Library Boards
Thank you for taking the time to be informed about our local government!
Elizabeth Nelson