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, City Council considers a very long agenda, with a few items of note tucked into the Consent Agenda. First readings of ordinance amendments address landlord requirements, bike impounding policy, and pet store regulation. Council-initiated resolutions ask staff to accelerate rezoning of Plymouth and Washtenaw and authorize the City Attorney to initiate legal actions without consulting Council. For more about this week’s agenda, see my “Additional Thoughts” section below.
YOU ARE INVITED
Next week, I invite you to join me for refreshments and conversation with Alyshia Dyer, candidate for Washtenaw County Sheriff. I support Alyshia because she is committed to reform and understands what changes are needed to promote public safety and support the most vulnerable in our community. She has the strongest professional, personal, and educational background to lead in this role – Alyshia is the only candidate who has done the actual work of responding to calls and policing in Washtenaw County. It’s time for a woman to lead this department!
Learn more about Alyshia here: https://www.dyer2024.com
Sunday June 11, 2023 4 pm to 6 pm
https://secure.actblue.com/donate/dyer4sheriff
Email me at contact@A2ELNEL.com for details
This event is a fundraiser and I hope you will consider donating!
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 June 5, 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=1062174&GUID=31DC514F-17E6-4165-B109-1E668D99737D
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 (23-1009) Agenda Response Memo and eComments – June 5, 2023
This agenda item has a PDF attachment with all questions raised by Council Members, and the answers provided by staff.
Communications from the Mayor
MC-1 (23-0782) Appointments – Confirmations
These appointments from the Mayor were presented at the previous meeting, and will therefore be voted on at this Council meeting.
- Julia Goode – Renters Commission
- Kimberly Pitts – Renters Commission
- Rosanita Ratcliff – Renters Commission
MC-2 (23-0952) Nominations and Appointment for June 5, 2023
This appointment from the Mayor is being presented at this meeting, and will therefore be voted on at the next Council meeting.
- Jacob Sendra – Energy Commission Youth Member
MC-3 (23-1011) Resolution to Appoint Benjamin Calderon to the Historic District Commission (7 Votes Required)
This appointment from the Mayor is being presented at this meeting, and will therefore be voted on at the next Council meeting. 7 votes are required because the appointee is not a registered elector of the City.
- Benjamin Calderon – Historic District 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 (23-0957) Resolution to Close West Washington Street for the Ann Arbor YMCA Community Block Party on Saturday, June 10, 2023 from 9:00 AM until 6:00 PM
CA-2 (23-0959) Resolution to Approve Street Closing for The Event on Main – Thursday, June 22 – Friday, June 23, 2023
CA-3 (23-0962) Resolution to Approve Additional Street Closure for the Townie Party-Ann Arbor Mile on Sunday, July 16, 2023 from 8:00 AM until 12:00 Noon
CA-4 (23-0857) Resolution to Approve First Amendment to 2111 Packard Development Agreement
CA-5 (23-0745) Resolution to Approve the Purchase of a Conservation Easement on the DeVine Property in Scio Township, Approve a Participation Agreement with Washtenaw County Parks and Recreation Commission, and Appropriate $206,367.00 (8 Votes Required)
CA-6 (23-0846) Resolution to Approve a Construction Agreement with RAM Construction Services of Michigan, Inc. for Veterans Memorial Park Ice Arena Improvements RFP No. RFP#23-03 ($449,763.00)
CA-7 (23-0615) Resolution to Approve Purchasing Agreements for Utility Infrastructure Materials from Core and Main, LP (Not-to-Exceed $323,124.86), Ferguson (Not-to-Exceed $603,828.00), Everett J. Prescott, Inc. (Not-to-Exceed $322,743.10), and ETNA Supply Company (Not-to-Exceed $115,779.29) for One Year (ITB-4728)
CA-8 (23-0758) Resolution to Approve Amendment Number 6 to the Professional Services Agreement with Tetra Tech, Inc. for the Ann Arbor Landfill Monitoring and Maintenance Program, RFP 17-12, ($380,658.00, contingency $40,000.00, Total Contract $1,614,311.73)
CA-9 (23-0634) Resolution to Approve a 3-Year General Services Agreement with Prolime Corporation for the Removal of Water Treatment Plant Residual Limestone, RFP No. 23-07 (Estimated $457,600.00 Annually, Estimated $1,372,800.00 Contract Total)
CA-10 (23-0760) Resolution to Approve Amendment No. 1 to the Professional Services Agreement with Black & Veatch Ltd. of Michigan to Design the Ultraviolet (UV) Disinfection System Replacement Project at the Wastewater Treatment Plant, RFP 22-22 ($97,358.00 Amendment, Total Contract $404,829.00)
CA-11 (23-0756) Resolution to Approve a Construction Contract with Cadillac Asphalt, LLC (RFP No. 23-17, $6,447,000.00) for the 2023 Street Resurfacing Project, and to Appropriate $890,000.00 from the Stormwater Fund; $3,527,710.00 from the Local Street Fund; $25,000.00 from the Sewage Disposal Fund; and $25,000.00 from the Water Supply System Fund (8 Votes Required)
CA-12 (23-0778) Resolution to Approve a Construction Contract with Bailey Excavating, Inc for the Pontiac, Swift, Moore and Wright Watermain and Resurfacing Project ($2,759,293.42) and to Appropriate $2,316,000.00 in Contributing Funds (8 Votes Required)
A construction contract for $2,759,293.42 with Bailey Excavating will replace a water main, make stormwater improvements, resurface roads, replace curbs, add bumpouts, improve sidewalk ramps, and add buffered bike lanes on Pontiac and Moore as part of the Pontiac, Swift, Moore and Wright Watermain and Resurfacing Project. See my “Additional Thoughts” section below.
CA-13 (23-0730) Resolution Authorizing Water Capital Recovery Charges for 2104 Tuomy Rd. ($2,696.00)
CA-14 (23-0731) Resolution Authorizing Sanitary Sewer Capital Recovery Charges for 2104 Tuomy Rd. ($5,982.00)
CA-15 (22-1939) Resolution to Approve Revised Bylaws of the Housing & Human Services Advisory Board (HHSAB)
CA-16 (23-0558) Resolution to Approve Amendment Number 2 to the Professional Services Agreement with Rosati, Schultz, Joppich, & Amtsbuechler P.C., for Legal Services Relative to Platt Convenience, Inc. v City of Ann Arbor ($200,000.00 amendment; $810,000.00 total contract)
A $200,000 amendment to a contract for legal services related to the Platt Convenience, Inc. v City of Ann Arbor lawsuit. With this amendment, the City will have spent a total of $810,000 on outside legal services to handle this case. See my “Additional Thoughts” section below.
CA-17 (23-0825) Resolution to Accept a Water Main Easement from Ann Arbor Superior Hotel Group, LLC at 361 W. Eisenhower Parkway (8 Votes Required)
CA-18 (23-0794) Resolution to Amend the FY23 Downtown Development Authority Parking Fund Budget (8 Votes Required)
CA-19 (23-0759) Resolution to Increase the Limit from $25,000.00 to $75,000.00 for City Administrator Authorization to Accept Grant Awards, Execute Grant Agreements, and Appropriate Awarded Grant Funds (8 Votes Required)
CA-20 (23-0747) Resolution to Approve an Administrative Services Agreement with the Ann Arbor/Ypsilanti SmartZone LDFA for Administrative and Support Services ($231,000.00 over a two-year period)
CA-21 (23-0935) Resolution to Approve an ARPA Subrecipient Grant Agreement with Regents of the University of Michigan for Research and Administration of the Ann Arbor Guaranteed Income Pilot Program in the amount of $1,600,000
A subrecipient grant agreement with the University of Michigan will facilitate a universal basic income pilot program. The UM group – Poverty Solutions – will partner with the Steady company to disburse a total of $1,600,000 in federal ARPA dollars to 100 local families (estimated $528 per month for two years). Staff memo explains: “Details on how individuals may be selected for participation in the program will be announced after the contract is executed.”
CA-22 (23-0963) Resolution to Continue Electronic Meetings for Certain City Boards and Commissions
CA-23 (23-0956) Resolution to Rescind Resolution R-23-008 for a Construction Contract with Enerlogics Networks, Inc. for the Purchase and Installation of Solar at City Facilities and to Approve a Construction Contract with Melink Solar, LLC for the Purchase and Installation of Solar at City Facilities, and to Appropriate Necessary Funds (8 Votes Required)
A $8,133,255 contract with Enerlogics Networks for purchase and installation of solar arrays at City facilities (approved 1/9/23) will be rescinded in order to approve a $7,499,999 contract with Melink Solar. The size of a planned solar array at Steere Farm – on the site of the city airport in Pittsfield township – will be reduced by nearly half (from roughly 605kw of solar to 303kw).
City staff explained in Questions to the Agenda that “the initial proposed size has been flagged by DTE as problematic. We are not fully clear on why, but we are working hard to resolve the issue. As one way to help compromise, we are proposing a decrease in size at Steere Farm and a slight increase to the size of the Wheeler system to help move the project forward.“
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.
There are no public hearings on the Agenda this week
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.
There are no ordinance second readings on the Agenda this week
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.
C-1 (23-0640) An Ordinance to Amend Section 10:176 of Chapter 127 (Bicyclists) of Article III (Impounding) of Title X (Traffic) of the Ann Arbor City Code
An ordinance amendment will clarify that bicycles impounded by the Ann Arbor Police Department may be sold at public sale or they may be donated to a charitable organization, such as Common Cycle Community Bicycle Repair, a local nonprofit.
C-2 (23-0934) An Ordinance to Repeal Section 8:525(2) of Chapter 105 (Housing Code) of Title VIII (Building Regulations) of the Code of the City of Ann Arbor
An ordinance requiring landlords to provide their tenants with local voter registration information will be repealed. This is in response to court decisions that invalidated similar laws in Minneapolis and St. Paul (Minnesota), declaring them unconstitutional. Similar ordinances in East Lansing and Ypsilanti are currently the subject of litigation. City staff report that the Ann Arbor ordinance is not actively enforced and other methods of voter outreach are more effective.
C-3 (23-0971) An Ordinance to Add Chapter 92 (Humane Pet Acquisition) to Title VII of the Code of the City of Ann Arbor
An ordinance amendment will prohibit the sale of dogs, cats, ferrets, rabbits, long-lived birds, or large reptiles at pet stores, the roadside, public rights- of-way, commercial parking lots, outdoor special sales, swap meets, flea markets, or other similar events in the City of Ann Arbor. Animals may only be sold on the premises of a breeder, by a publicly operated shelter or rescue organization, or private nonprofit rescue organization. Pet stores may provide space and care for animals owned by a shelter/rescue organization, for the purpose of adoption.
Existing pet stores may continue sales for one year after the effective date of this ordinance. Explanation of this ordinance does not include any data on how many pet stores in the City of Ann Arbor will be impacted.
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 (23-0783) Resolution to Reappoint Non-resident Electors to Ann Arbor Boards and Commissions (7 Votes Required)
This appointment from the Mayor was presented at the previous meeting, and will therefore be voted on at this Council meeting. 7 votes are required because the appointee is not a registered elector of the City.
- Arthur Thomas – Renters Commission
DC-2 (23-0845) Resolution Directing the Planning Commission to Prioritize Rezoning of the Plymouth and Washtenaw Corridors to TC1
This resolution directs the City Planning Commission to make recommendations regarding TC1 rezoning of Washtenaw and Plymouth corridors and that this work be “prioritized above any additional considered modifications to the TC1 Zoning district beyond those identified in Resolution R-22-390.” The only modifications recommended in R-22-390 are:
- Incorporate limited automobile-related uses into the TC1 District, excluding drive throughs and gas stations
- Address constraints of existing narrow rights of way
Link to resolution R-22-390 passed by City Council on Dec 5, 2022:
https://a2gov.legistar.com/LegislationDetail.aspx?ID=5950251&GUID=8012EC81-7710-4533-ACBF-2420591260FD
DC-3 (23-0878) Resolution to Dissolve the Council of the Commons
This resolution officially dissolves the Council of Commons,(CoC) with explanation that moving forward “the evaluation of the feasibility and vitality of a central plaza on the Center of the City site can be conducted by City staff and City Council.” The City-owned property described as the “Commons” is the result of a City charter amendment approved by voters in 2018. That charter amendment designates the “Center of the City” as a public resource to remain under City ownership for the purpose of an “urban park and civic center commons.” The CoC was established in 2020 and has met since 2021.
More documents and resources related to the Center of City can be found here:
https://www.a2gov.org/departments/systems-planning/programs/Pages/Center-of-the-City-Report-Appendices.aspx
DC-4 (23-0899) Resolution to Revise 2023 Council Calendar
The Council Calendar will be amended in order to reschedule the Monday, July 3rd meeting to Thursday, July 6th.
DC-5 (23-0916) Resolution to Approve Amendments to the Council Rules
Council Rules will be amended to allow pre-registration for public comment until 5 p.m. on the day of a Council meeting. In November 2022, a majority of Council eliminated open public comment at the end of City Council meetings, adding a requirement that all public commenters pre-register. This amendment extends the deadline for pre-registration of public comment by one hour.
The elimination of open public comment and the new policy of pre-registration (up to 4 p.m.) allowed that public comments may occur at the end of a Council meeting but only when the total of pre-registered comments exceed 45 minutes. Since this change, there have been no opportunities for public comment at the end of (and in response to what has happened at) a City Council meeting.
DC-6 (23-0928) Resolution Authorizing the City Attorney to Initiate and Pursue Litigation or Other Legal Action on Behalf of the City of Ann Arbor
By resolution, the City attorney would be given “authority to initiate and pursue litigation or other legal action on behalf of the City — including but not limited to, lawsuits, administrative actions, appeals, alternative dispute resolution (ADR) methods, amicus curiae briefs, and settlements as a class member.” The City Attorney would use “their best professional judgement” and provide “timely report to Council.” In the City charter, only two positions are directly accountable to City Council: the City Administrator and the City Attorney. See my “Additional Thoughts” section below.
DC-7 (23-0982) Resolution to Direct the City Administrator to Evaluate Bonding Affordable Housing Millage Revenue
This resolution directs the City Administrator to work with the Ann Arbor Housing Commission to evaluate how to leverage the proceeds of the Affordable Housing Millage (approximately $6 million annually) for bond financing of affordable housing units and/or acquiring additional parcels. The millage proceeds would be used to “pay back bonds directly or as credit enhancement to improve the terms of the bond.” Recommendations and proposed timing of bond issuance will be reported to Council by December 2023.
DC-8 (23-1004) Resolution Directing City Administrator to Identify Incentives that Would Support Voluntary Efforts to Increase Emissions Reductions
The City Administrator is directed to work with staff to “identify incentives that would support voluntary efforts by residents and businesses to increase emissions reductions through a transition to sustainable and clean heating as well as beneficial electrification.”
This resolution repeats goals and strategies approved by a previous Council and identified as the responsibility of the Office of Sustainability and Innovations (OSI). Page 32 of the A2Zero Climate Action Plan (2020) explains:
To support the electrification of appliances, the City of Ann Arbor will work to establish policies that promote electrification of heating and cooking systems by evaluating options in codes, inventive programs, and through other avenues.
Additional Thoughts
I also published this on my website:
https://a2elnel.com/post/integrity-in-government-spending-oversight-and-policymaking/
Integrity in Government Spending, Oversight, and Policymaking
The June 5, 2023 Ann Arbor City Council agenda is quite long and illustrates how a new Council approaches the job of local government, accountability, and informed decision making.
FISCAL RESPONSIBILITY
On the June 5th agenda, item CA-12 is a $2.7 million construction contract for water main and resurfacing work at Pontiac, Swift, Moore and Wright. The contract will be awarded to Bailey Excavating, whose bid was over $400,000 higher than an alternative bid.
CA-12 (23-0778) Resolution to Approve a Construction Contract with Bailey Excavating, Inc for the Pontiac, Swift, Moore and Wright Watermain and Resurfacing Project ($2,759,293.42) and to Appropriate $2,316,000.00 in Contributing Funds (8 Votes Required)
This contract was assessed under the “Best Value” standard. The “Best Value” standard for awarding City contracts was an amendment to the City charter, approved by voters in November 2021; it replaced the previous standard of “Lowest Responsible Bidder.” That off-year election had 17% voter turnout and was approved by 78%, which – given the low turnout – means that only 13% of registered voters approved the standard. Since 2022, the City has applied a “Best Value” standard in awarding millions of dollars in City contracts.
City spending on construction contracts has prompted debate and skepticism around what “Best Value” actually means. Twice – at the suggestion of Council Members Eyer and Radina – Council has rejected City staff recommendations in order to award contracts to Bailey Excavating. I wrote about it here:
https://a2elnel.com/post/a-million-dollars-and-counting/
In advocating for specific contractors, Council members have made inaccurate statements denigrating some companies and praising others. For example, at a meeting on February 22, 2022, Council Member Eyer insisted that her preferred contractor – Bailey Excavating – had a superior safety record and that the staff-recommended contractor (E.T. MacKenzie) had “twice as many” safety violations. Several weeks later, MLive reported the facts (emphasis added):
The OSHA website lists eight safety violations for E.T. MacKenzie in the last five years and six for Bailey Excavating.
E.T. MacKenzie disclosed its violations in response to the city’s bid questionnaire, while Bailey Excavating did not, instead answering that it did not have any violations.
Last month, Council Member Eyer again challenged City staff assessment of bid proposals. At the May 1 meeting, Council considered a staff-recommended $2,122,850 contract with Fonson Company for water main and resurfacing work at Madison/Madison Place. Eyer explained that she had spent “several hours” studying the bid proposals, and concluded that the contract should have been awarded to Bailey Excavating, at an additional cost of $26,000. Remarkably, Council colleagues wholly accepted Eyer’s assessment and offered praise for her diligence in “digging into this.” Bid proposals include a lot of information and this week’s contract with Bailey Excavating is worth digging into. Primary sources are more reliable than claims made at the Council table.
When companies submit bid proposals for City contracts, they must include information about their safety record. A company’s Experience Modification Rating (EMR) score is based on actual insurance and workers’ compensation claims – scores higher than 1.0 reflect a higher rate of injuries and claims. In bid proposals, construction companies must submit a letter from their insurance carriers, summarizing the most recent three years of EMR scores. When the City issues an RFP, this EMR information is one of four factors contributing to a “Workplace Safety” score (emphasis added):
Provide the bidder’s Experience Modification Rating (“EMR”) for the last three consecutive years. Preference within this criterion will be given to an EMR of 1.0 or less based on a three-year average.
https://www.a2gov.org/departments/finance-admin-services/purchasing/Documents/RFP_23-22_Document.pdf (See page 13)
An EMR score is a snapshot of a given point in time, assessed annually to reflect the past cost of injury and future chances of risk. In other words, an EMR score for a specific year is a historical point of fact that does not change. You can find more information about EMR here:
https://www.workerscompensationshop.com/workers-compensation-experience-rating
This week, Council will consider awarding a contract to Bailey Excavating, based on the bid proposal they submitted in response to RFP 23-22 (Pontiac, Swift, Moore & Wright Water Main & Resurfacing Project). Bailey’s bid proposal includes the following EMR scores for the last three years in a letter dated April 25, 2023:
- 06/01/2022 – 2023 1.00
- 06/01/2021 – 2022 1.00
- 06/01/2020 – 2021 0.90
This EMR score information is different from what Bailey Excavating submitted earlier this year when it responded to RFP 23-09 (Brooks Street Improvements Project). City Council awarded the contract to Bailey Excavating on May 1, 2023 (Legistar Link). Bailey’s bid proposal included the following EMR score information in a letter dated June 13, 2022:
- 06/01/2022 – 2023 1.00
- 06/01/2021 – 2022 1.27
- 06/01/2020 – 2021 0.90
Experience Modification Rating letter from page 151 of the bid proposal from Bailey Excavating for RFP 23‐09 (Brooks Street Improvements)
Experience Modification Rating letter from page 165 of the bid proposal from Bailey Excavating for RFP 23‐22 (Pontiac, Swift, Moore and Wright Water Main and Resurfacing Project)
I loaded the entire bid proposals here:
RFP 23-09:
https://drive.google.com/file/d/12E6mvzwgVXKuh1vBtPOCykA-kKKUM45u/view?usp=sharing
RFP 23-22:
https://drive.google.com/file/d/1AHOFQUfcn01z0mI7vHnMF5lliI8DZGDA/view?usp=sharing
Note that an EMR score over “1.0” reflects a greater workplace safety risk but, more importantly, the EMR score for any given year should not change.
When the City issues an RFP, it includes this boilerplate language:
False statements by bidders to any of the criteria provided herein will result in the proposal being considered non-responsive and will not be considered for award.
https://www.a2gov.org/departments/finance-admin-services/purchasing/Documents/RFP_23-22_Document.pdf (See page 12)
The evaluation results for RFP 23-09 and RFP 23-22 illustrate how quickly scores can change – for the same company – in categories titled “Qualifications, Experience, & Accountability” and “Workplace Safety.” In the space of a month, Bailey Excavating scores in both of these categories increased from 15 to 20 (the maximum).
Construction Proposal Evaluation Results for RFP 23‐09, April 5, 2023 (Brooks Street Improvements)
https://a2gov.legistar.com/View.ashx?M=F&ID=11907129&GUID=B1F9B6D6-4405-41C1-8182-9BCAA2BCD304
Construction Proposal Evaluation Results for RFP 23-22, April 27, 2023 (Pontiac, Swift, Moore and Wright Water Main and Resurfacing Project)
https://a2gov.legistar.com/View.ashx?M=F&ID=12022375&GUID=AB741D17-ADD9-43BD-B7B6-B5BCED52F12F
City Council is tasked with spending public dollars responsibly, on behalf of the taxpayers and residents they represent. At the 1/23/23 City Council meeting, public commenters raised questions about how the City was scoring and assessing bid proposals to justify more expensive “best value” contracts. In response, Council Member Eyer dismissed all concerns as “anti-union” rhetoric (other members of Council remained silent). The evaluation and scoring of these bid proposals is now extremely variable and inconsistent. At least one Council Member believes that anyone who might want to see consistent, measurable standards in City contracting is simply “anti-union.”
DELEGATING RESPONSIBILITY & OVERSIGHT
Agenda item DC-6 would authorize the City Attorney to initiate virtually any legal action without the approval of Council; instead, the City attorney will provide “timely report to Council.” The resolution delegates broad authority to initiate a long list of activities “including but not limited to”: lawsuits, administrative actions, appeals, alternative dispute resolution (ADR) methods, amicus curiae briefs, and settlements as a class member.
DC-6 (23-0928) Resolution Authorizing the City Attorney to Initiate and Pursue Litigation or Other Legal Action on Behalf of the City of Ann Arbor
The City Attorney already has the authority to respond to litigation filed against the City and the cost is significant. E.g. This week’s agenda includes $200,000 in legal fees related to the Platt Convenience case – approval of CA-16 will bring the total cost of that litigation up to $810,000.
CA-16 (23-0558) Resolution to Approve Amendment Number 2 to the Professional Services Agreement with Rosati, Schultz, Joppich, & Amtsbuechler P.C., for Legal Services Relative to Platt Convenience, Inc. v City of Ann Arbor ($200,000.00 amendment; $810,000.00 total contract)
Litigation is not a cheap endeavor when the City is forced to participate. When litigation is a choice – initiated by the City itself – our elected representatives should recognize (and accept) responsibility for deciding whether it’s necessary and in the public interest. It is not simply a matter of “professional judgement” because these decisions have long-term implications for (and costs that will be paid by) the whole of our community.
This item, too, is consistent with other recent Council decisions. A new Council is rapidly delegating authority and abdicating its own responsibility for decisions that impact residents. In March 2023, City Council voted unanimously to disband the Insurance Board, eliminating Council review and approval of small claims against the City. I wrote about it here:
https://a2elnel.com/post/eliminating-the-insurance-board-reduces-council-accountability/
Just last month (May), City Council voted unanimously to disband the Brownfield Plans Review Committee, which provided additional discussion, review, and public engagement re: millions of dollars in tax abatements for developers. I wrote about it here:
https://a2elnel.com/post/dissolving-brownfields-plan-review-committee-streamlined-process-to-give-money-to-developers/
BIGGER DECISIONS, LESS CONSIDERATION
Agenda item DC-2 is direction to City Staff to accelerate TC-1 re-zoning for Washtenaw Avenue and Plymouth Road “as expeditiously as possible, without extraneous steps or process beyond requirements of code.”
DC-2 (23-0845) Resolution Directing the Planning Commission to Prioritize Rezoning of the Plymouth and Washtenaw Corridors to TC1
This directive for speed and haste is remarkable, given the fact that our community is on the eve of serious planning for growth and development City-wide. In April, Council approved a nearly $700K contract with a consultant to update the City’s comprehensive land use plan. The process of updating this plan will include significant public engagement and discussion of priorities for current and future development. Instead of planning changes to Plymouth and Washtenaw through a process that considers long-term goals and City-wide impacts, Council asks staff to hurry up and re-zone two enormous areas of the City as quickly as possible.
Last summer, TC-1 rezoning on the west side of Ann Arbor was similarly rushed. The results: the active corridor of commercial businesses and close residential neighborhoods along Stadium Boulevard now shares the same zoning as the corridor of large office buildings, parking lots, and wide setbacks along State and Eisenhower. Last summer, City staff offered multiple recommendations to create and establish more location-appropriate zoning for Stadium Boulevard, but Mayoral appointees on the City Planning Commission set all of these suggestions aside. I wrote about it at the time here:
https://a2elnel.com/post/additional-thoughts-october-1-2022-right-to-renew-tc-1-non-partisan-elections/
Last November, the re-zoning of Stadium boulevard was approved by a majority of Council led by the Mayor. Within weeks of the rushed re-zoning of Stadium Boulevard, a new Council unanimously approved a resolution directing the Planning Commission to evaluate and recommend amendments to it.
https://a2gov.legistar.com/LegislationDetail.aspx?ID=5950251&GUID=8012EC81-7710-4533-ACBF-2420591260FD
The resolution this week in DC-2 is a clear directive to staff that re-zoning for Plymouth and Washtenaw should happen as quickly as possible; the wording of DC-2 means that we are unlikely to see any staff recommendations to improve or amend the zoning to more appropriately fit the different environments along Plymouth and Washtenaw. Similar staff advice was rejected when offered for Stadium Boulevard. Ann Arbor is now led by elected representatives who choose not to learn from mistakes made in just the last six months.
Thank you for taking the time to be informed about our local government!
Elizabeth Nelson