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, Ann Arbor City Council has a fairly short agenda. The meeting includes five public hearings: rezoning of recently annexed parcels (B-1 & B-2) and ordinance amendments to adopt a new flag (B-3), establish the ‘right to sit’ in employment (B-4), and clarify enforcement of the water and energy benchmarking ordinance (B-5). Another ordinance amendment (postponed from the previous meeting) will allow more height and less stormwater review for new developments (B-6). Council will also consider a new ordinance amendment to remove a fire prevention building standard (C-1).
Early Voting from Oct 26th through November 3rd
For anyone who does not vote by absentee ballot, there are opportunities for early in-person voting starting next Saturday. The City has a webpage outlining locations and hours for in-person voting from Saturday, October 26th to Sunday, November 3rd:
https://www.a2gov.org/departments/city-clerk/Elections/Pages/Early-Voting.aspx
If you are registered in the City of Ann Arbor, you can early vote at any of these locations:
- City Hall (301 E. Huron St) 8 a.m. to 5 p.m.
- UMMA (525 S. State St) 11 a.m. to 7 p.m.
- Duderstadt Center (2281 Bonisteel Blvd) 11 a.m. to 7 p.m.
- Traverwood Library (3333 Traverwood Dr) 11 a.m. to 7 p.m.
- Malletts Creek Library (3090 E. Eisenhower Pkwy) 11 a.m. to 7 p.m.
- Westgate Library (2503 Jackson Ave) 11 a.m. to 7 p.m.
On the local Ann Arbor ballot, I encourage everyone to vote YES on Proposal C and Proposal D. For more about that, see my “ADDITIONAL THOUGHTS” section below, which I also published on my website:
https://a2elnel.com/post/a-matter-of-local-equity-vote-yes-on-prop-c-prop-d-in-ann-arbor/
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 October 7, 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 October 21, 2024 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=1141284&GUID=80596A69-98D4-407C-902D-4F0C8BFECDB7
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.
AC-1 (24-1845) Agenda Response Memo and eComments – October 21, 2024
This agenda item has a PDF attachment with all questions raised by Council Members, and the answers provided by staff.
No questions were asked by Council Members for this meeting.
Communications from the Mayor
MC-1 (24-1830) Appointments and Nominations for October 21, 2024
These appointments from the Mayor are being presented at this meeting, and will therefore be voted on at the next Council meeting.
- Kate Flewelling – Transportation Commission
- Erich Zechar – 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 (24-1707) Resolution to Approve a Sole Source Purchase Order with Spaans Babcock Inc. for the Purchase of Replacement Side Profiles on Screw Pumps #4 and #5 at the Water Resource Recovery Facility ($29,000.00)
CA-2 (24-1751) Resolution to Approve a Construction Contract with Sorensen Gross Company LLC in the amount of $1,029,636.00 for the 2024 Water Treatment Plant Filter 18/20 Underdrain Improvements Project (ITB 4752)
CA-3 (24-1756) Resolution to Approve the Low-Income Emergency Assistance Contract with Washtenaw County ($110,310.12)
CA-4 (24-1723) Resolution to Recommend Approval of Issuance of a Downtown Development District Liquor License to Eat Thai Arbor, Inc.
CA-5 (24-1773) Resolution to Revise and Amend List of Approved Participating Establishments in the Downtown Ann Arbor Social District
CA-6 (24-1617) Resolution to Approve 1208 South University Development Agreement (CPC Recommendation: Approval – 8 Yes, 0 No)
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 (24-1470) An Ordinance to Amend Chapter 55 (Unified Development Code), Rezoning of 0.51 Acres from TWP (Township District) to R1B (Single-Family Dwelling District), Loo Property, 444 Huntington Place (CPC Recommendation: Approval – 8 Yeas and 0 Nays) (ORD-24-21)
A parcel of 0.51 acres at 444 Huntington Place, recently annexed into the City, will be zoned R1B (Single-family district). The parcel’s current use is consistent with the adjacent zoning, land uses and comprehensive plan.
Planning approved the annexation and rezoning of this parcel on April 16, 2024:
https://a2council.com/ann-arbor-city-planning-commission-april-16-2024/
PH-2/B-2 (24-1471) An Ordinance to Amend Chapter 55 (Unified Development Code), Rezoning of 0.05 Acres from TWP (Township District) to R1B (Single-Family District), Brixmor Property, 110 Algebe Way (CPC Recommendation: Approval – 8 Yeas and 0 Nays) (ORD-24-22)
A parcel of 0.05 acres at 110 Algebe Way, recently annexed into the City, will be zoned R1B (Single-family district). The parcel’s current use is consistent with the adjacent zoning, land uses and comprehensive plan.
Planning approved the annexation and rezoning of this parcel on April 16, 2024:
https://a2council.com/ann-arbor-city-planning-commission-april-16-2024/
According to the Planning staff report (link) this parcel became orphaned when US-23 was built. The property owner intends to combine this parcel with an adjacent 36 acre site for a proposed “South Pond Village” development.
PH-3/B-3 (24-1654) An Ordinance to Amend Section 1:120A of Chapter 9 (City Seal and Flag) of Title I of City Code (ORD-24-26)
By ordinance, the City officially adopts a new City flag, as approved by resolution on September 5, 2024.
PH-4/B-4 (24-1664) An Ordinance to Add a New Section 9.155.1 of Chapter 112 (Non-Discrimination) of Title IX of the Code of the City of Ann Arbor (ORD-24-24)
Amendments to the City’s nondiscrimination ordinance will add a requirement that employers in any business – e.g. manufacturing, retail, store, department store, laundry, hotel, restaurant, fast food and drive thru establishments, hairdressers, barbers, and estheticians – make seating available to employees where sitting would not interfere with the duties of employment. This must be provided regardless of any employee disability. The employer must demonstrate seating would actually interfere with the duties of employment.
This addition to the City’s nondiscrimination ordinance is related to terms from the Americans with Disabilities Act (ADA). As an accommodation for people living with disabilities, the ADA would grant employees the right to sit. Asserting such a right under the ADA, an employee would request the accommodation with evidence of disability. The proposed changes would reverse that negotiation: an employer would have to demonstrate standing as a job requirement, rather than the employee demonstrating a personal need to sit.
Last year, the Guardian wrote about the “right to sit” and inequities between jobs where sitting is permitted and where it is not:
https://www.theguardian.com/us-news/2023/jun/28/sitting-at-work-employees-rest-worker-rights
These amendments are consistent with reform happening elsewhere. E.g. The state of New York is in the process of approving similar legislation: “Sitting is Tiring” (SIT) Act in New York State https://www.billtrack50.com/billdetail/1608352
PH-5/B-5 (24-1719) An Ordinance to Amend Section 1:17 (Code Violation Citations) of Chapter 1 of Title I and Section 8:458 of Chapter 104 (Energy and Water Benchmarking) of Title VIII (ORD-24-27)
An ordinance amendment will clarify language and authorize the City Office of Sustainability and Innovations to issue citations in enforcement of Energy and Water Benchmarking standards.
Originally approved in 2021, the benchmarking ordinance requires private property owners to annually report data on water and energy use for properties exceeding 20,000 gross square feet.
https://a2gov.legistar.com/View.ashx?M=F&ID=9904516&GUID=BF11E262-C4D7-40A1-AFD0-BA281EEF3E1B
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 (24-1470) is the same as PH-1 above
B-2 (24-1471) is the same as PH-2 above
B-3 (24-1654) is the same as PH-3 above
B-4 (24-1664) is the same as PH-4 above
B-5 (24-1719) is the same as PH-5 above
B-6 (24-1448) An Ordinance to Amend Sections 5.18, 5.22, 5.29 and 5.37 of Chapter 55 (Unified Development Code) of Title V of the Code of the City of Ann Arbor (Height Exceptions, Stormwater Reviews, Development Approvals, Finished Grade) CPC Recommendation: Approval (8 yes, 0 no) (ORD-24-20)
This item was postponed from the 10/7/24 meeting
The Uniform Development Code (UDC) will be amended to improve “clarity and efficiency.”
Proposed amendments will:
- Exclude elevator/stairwell enclosures from the calculation of FAR relative to permissible height.
- Remove site plan review when interior construction increases the number of dwelling units
- Remove County stormwater review except for sites in their geographic jurisdiction
- Change formula for calculating “finished grade”
These amendments were approved unanimously by the Planning Commission in July 2024.
https://a2council.com/ann-arbor-city-planning-commission-july-16-2024/
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 (24-1726) An Ordinance to Amend Section 9:103 Of Chapter 111 (Fire Prevention) Of Title IX of the Code of the City of Ann Arbor
Fire Prevention standards in Chapter 111 of the City Code will be amended to remove the requirement that buildings have an unobstructed width of access for aerial fire trucks. Amendments would delete this standard, derived from the International Fire Code:
D105.2 Width
Aerial fire apparatus access roads shall have a minimum unobstructed width of 26 feet (7925 mm), exclusive of shoulders, in the immediate vicinity of the building or portion thereof.
https://codes.iccsafe.org/content/IFC2021P2/appendix-d-fire-apparatus-access-roads
In the Legistar Memorandum, City staff recommend removing the standard in deference to “policy direction” around protected bike lanes and new, taller development:
“the International Fire Code is currently in conflict with policy direction regarding protected bike lanes. This conflict predominantly arises with new development where the vertical distance between the grade plane and the highest roof surface exceeds 30 feet.”
This part of the City Code was most recently amended in 2017, when Council approved the adoption of then-current International Fire Code standards and clarified penalties for infractions.
https://a2gov.legistar.com/LegislationDetail.aspx?ID=3063737&GUID=94C88A5B-3594-45A5-BC9D-459883682F96&FullText=1
The 2017 amendments refer to how an individual property owner/lessee/agent may request modification of these provisions:
9:105
The Chief of the Fire Department and/or the Fire Marshal shall have the power to modify any of the provisions of this Code upon application, in writing, by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the Code, provided that the spirit of the Code be observed, public safety secured, and substantial justice done. The particulars of such modification when granted or allowed and the decision of the Chief of the Fire Department and/or the Fire Marshal thereon shall be entered upon the records of the department and a signed copy shall be furnished to the applicant.”
https://library.municode.com/mi/ann_arbor/codes/code_of_ordinances?nodeId=TITIXPORE_CH111FIPR_9_105MO
Applicants who are denied a modification may appeal the decision to the Building Board of Appeals:
9:108
Whenever the Chief or the Fire Marshal shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of this Code do not apply or that the true intent and meaning of this Code have been misconstrued or wrongly interpreted, the applicant may appeal from the Chief’s or Fire Marshal’s decision to the Building Board of Appeals within 30 days from the date of the decision appealed.
https://library.municode.com/mi/ann_arbor/codes/code_of_ordinances?nodeId=TITIXPORE_CH111FIPR_9_108AP
This week’s staff summary of proposed amendments explains:
“We are continually finding there is not enough road width, especially within the Downtown Development Authority (DDA), to allow for these 26 feet along with protected bike lanes.”
Staff does not offer data on how many new developments have submitted written requests for modification of the standard or how many existing developments no longer meet the standard since the installation of protected bike lanes.
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 (24-1705) Resolution Authorizing Summary Publication of Ordinance 24-20 – An Ordinance to Amend Sections 5.18, 5.22, 5.29 and 5.37 of Chapter 55 (Unified Development Code) of Title V of the Code of the City of Ann Arbor (Height Exceptions, Stormwater Reviews, Development Approvals, Finished Grade)
The ordinance amendments in B-6 will be summarized to spare expense in meeting legal requirements for publication.
DC-2 (24-1844) Resolution to Revise 2024 Council Calendar
The City Council calendar will be revised to add a work session on Tuesday, November 12, 2024.
DC-3 (24-1823) Resolution to Approve Closing of William Street between East William Street and East Madison Streets and East Jefferson and Maynard Streets on Friday, October 25, 2024 from 4:30 PM until 7:30 PM
Street closures will permit the Look to Michigan Campaign Kickoff on Friday, October 25, 2024 from 4:30 PM until 7:30 PM. Jefferson Street (between Division and Maynard) and Thompson Street (between William and Madison) will be closed.
Additional Thoughts…
I also published this on my website:
https://a2elnel.com/post/a-matter-of-local-equity-vote-yes-on-prop-c-prop-d-in-ann-arbor/
“A Matter Of Local Equity”: Vote Yes On Prop C & Prop D in Ann Arbor
As we approach election day, political tactics have become more desperate in opposition to reforms that will include many more voters and address outside money in our local city elections. The electoral reform in Proposal C will allow more of our community to participate in choosing our local city leaders by shifting our decisive City elections from August to November. The campaign finance reform in Proposal D will help grassroots candidates compete in City elections with small local donations instead of big money from outside the City. Learn more about the proposals at the websites below:
AnnArborPropC.com
AnnArborPropD.com
An anti-reform coalition (led by Mayor Taylor and Council Member Eyer) has highlighted and underlined the exact problem we are aiming to solve: big money, non-local money, and political action committees (PACs) overwhelming local campaigns.
POLITICAL ACTION COMMITTEES
The purpose of a political action committee (PAC) is to collect and distribute campaign donations in much larger amounts. A PAC can receive unlimited donations from individuals; the PAC can then donate to candidate campaigns in amounts ten times larger than individual limits. In 2023, Mayor Taylor cheerily announced the organization of his own PAC, unironically called “Ann Arbor for Everyone.”
https://www.mlive.com/news/ann-arbor/2023/10/ann-arbor-mayor-starts-new-pac-called-ann-arbor-for-everyone.html
The Mayor’s PAC quickly collected $20,000. It collected $15,000 from just three donors: $5,000 from a local “real estate investor,” $5,000 from a local developer, and another $5,000 from California.
https://campaignfinance.us/docs.washtenaw.mi/32009.pdf
A proposed small donor matching program (Proposal D) addresses the inequities of this big money model in the only way that complies with the Supreme Court ruling in Citizen’s United: public funding. Such programs exist in other progressive communities where leaders care about a fair and accessible democracy. Proposal D will help grassroots candidates rely on small local donations to compete against big money from PACs and other special interests.
Over the last several months, City residents have been targeted with emails funded by Mayor Taylor’s “Ann Arbor For Everyone” PAC, urging opposition to campaign finance reform. These emails advertise how big money – from profit interests and from out of state – is leveraged to fight local campaign finance reform.
“DARK MONEY” & DENIALS
We know that the Mayor’s PAC collects money from profit interests and from out of state because the financial reports are, at least, public. Other campaign spending is much less transparent— so-called “dark money” can be spent on political campaigns without any public reporting of where the money came from.
In 2018, “dark money” from Lansing funded attack mailers targeting candidates in Ann Arbor. These mailers were later traced back to the business partner of now Council Member Jen Eyer. She postured innocence and claimed to have no knowledge about them.
https://www.mlive.com/news/ann-arbor/2018/08/dark_money_attacks_on_ann_arbo.html
In 2021, when this same business partner was accused of sexual harassment, Eyer quickly pivoted with excuses that she was merely an employee and not a business partner. This led to the admission that Eyer’s own 2020 campaign materials – claiming to be a “small business owner” – were inaccurate and dishonest.
https://www.mlive.com/news/ann-arbor/2021/03/ann-arbor-council-member-campaigned-as-small-business-owner-now-admits-that-wasnt-true.html
This month, we saw more “dark money” from Lansing. In opposition to the electoral reforms in Prop C and Prop D, an entity called “Michigan Deserves Better” funded a mailer full of distortions and half-truths. You can learn more about this entity and the people behind it here:
https://www.lansingcitypulse.com/stories/twitter-boots-lansing-political-consultant-over-abuse-and-harassment,19280
When asked about these mailers, anti-reform organizers Council Member Eyer and Mayor Taylor postured innocence.
https://www.mlive.com/politics/2024/10/dark-money-attack-ads-out-of-lansing-take-aim-at-ann-arbor-ballot-proposals.html
A BETTER WAY
Last year, the elected City Council of Evanston implemented a small donor matching program without the need for citizen petitions or a community referendum. In the last six months, I’ve talked with leaders and activists in Evanston, all of whom explained: Evanston Mayor Daniel Biss has access to large fundraising networks, but he championed the reform because he recognized the inequities. Mayor Biss was able to set aside his own political self interest in support of progressive democratic values.
It is remarkable that Ann Arbor’s City leaders are so determined to push us in the opposite direction. People in Evanston were shocked when I explained that – in contrast to their Mayor’s work to promote equity – our own Mayor had started a PAC to give big money yet more influence in our local elections.
“WE WOULD ALL BE OFFENDED”
In 2012, Ann Arbor City Council approved a resolution denouncing the Supreme Court decision in Citizens United, which allows corporations, labor unions, and domestic dependent sovereigns to make unlimited expenditures on behalf of state or local candidates. Council discussed big money in City campaigns as a hypothetical, a problem that did not yet impact our local community. Mayor Taylor (then Council Member) opposed the resolution, suggesting that it was “too diffuse” and “outside of our local sphere.” Then Council Member Sabra Briere recognized that the ruling in Citizens United was quite relevant to the local community:
“It would be possible for someone with sufficient revenue or some entity with sufficient revenue to actually fund a political action committee here in our community and attempt to influence the outcome of an election. That attempt could be made not by hundreds or even dozens of individual donors, but by one or two people who could afford the literature, the advertising, the banners that are put up around town while the individual that was against that position or against that candidate would never be able to match those funds. For me it’s a matter of local equity as such as it is a matter of national equity… If we saw a campaign in our community with enormous amount of private dollars being poured into it, we would all be offended and yet it would be really easy to do that.”
Mayor Taylor has demonstrated that it was, in fact, really easy to fund a political action committee in our community. Next month, we will find out if then Council Member Briere accurately assessed the values of the Ann Arbor community: are we offended by enormous amounts of private dollars poured into campaigns?
Thank you for taking the time to be informed about our local government!
Elizabeth Nelson