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, the Ann Arbor City Council agenda includes two public hearings on ordinance amendments: guidelines for land use buffers (B-1) and regulation of gas powered leaf blowers (B-2). On the rest of the agenda, Council will rezone two annexed properties (C-1, C-2) and consider amendments to the Home Energy Report Disclosure (HERD) ordinance (C-3) and the nondiscrimination ordinance (C-4). According to the published agenda, a resolution about spending allocations for a County millage rebate (DC-3) will be postponed.
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 September 3 2024:
In Case You Missed It…
On my YouTube channel, you can find recordings of public meetings that are open to attend live (online 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
Council Administration Committee: September 10, 2024
This is a recording I made of a Zoom audio meeting held on Tuesday, September 10, 2024 by the Ann Arbor Council Administration Committee. Video was not made available.
https://a2council.com/council-administration-committee-september-10-2024/
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 September 16, 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=1141282&GUID=23A3240C-85FC-4BBE-B6C0-8F8876E632FC
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-3 (24-1663) Agenda Response Memo and eComments – September 16, 2024
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 (24-1600) Appointments – Confirmations
These appointments from the Mayor were presented at the previous meeting, and will therefore be voted on at this Council meeting.
- Drew Denzin – Zoning Board of Appeals
- Robert Davenport – Elizabeth Dean Fund Committee
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 (24-1623) Resolution to Approve Street Closing for the Out of the Darkness Walk on Sunday, October 6, 2024 from 6:00 AM until 4:00 PM
CA-2 (24-1555) Resolution to Approve a Payment in Lieu of Taxes (PILOT) for Robin Crest and Robin Crest II – 2040 and 2060 West Stadium Blvd
CA-3 (24-1614) Resolution to Approve a General Services Agreement with Metro Detroit Integrated Systems LLC for Installation of Video Wall and Related Technology in the Emergency Operations Center ($105,795.75)
CA-4 (24-1622) Resolution to Approve the Grant Agreement Between the State of Michigan Department of Labor and Economic Opportunity (LEO) and the City of Ann Arbor, Accept the LEO Firefighters Turnout Gear Grant and Appropriate Funding in the Amount of $234,500.00 (8 Votes Required)
CA-5 (24-1545) Resolution to Prohibit On-Street Parking on the North Side of Pauline Boulevard from South Main Street to South Seventh Street
CA-6 (24-0189) Resolution to Approve the Installation of Traffic Calming Devices on Arella Blvd (Stadium Blvd to Pauline Blvd) ($52,000.00) and to Appropriate $52,000.00 from the County Health Millage Fund, Fund Balance (8 Votes Required)
CA-7 (24-1542) Resolution to Approve a Professional Services Agreement with Quality Counts, LLC for As-Needed Traffic Count Services (RFP# 24-37; $50,000.00 per year for three years, $150,000.00 total)
CA-8 (24-1513) Resolution to Approve a Contract with the Michigan Department of Transportation for the 2024 Highway Safety Improvements Program (HSIP) Project ($624,500.00)
CA-9 (24-1487) Resolution to Approve a Two (2) Year Construction Contract with Watertap, Inc. for Watermain Line Stops and Insertable Valves (Not-to-Exceed $350,000.00, RFP 24-42)
CA-10 (24-1603) Resolution to Accept an Easement for Sidewalk at 2111 Packard Road from Packard ROW Owner, LLC (8 Votes Required)
CA-11 (24-1615) Resolution to Approve an Amended Sewer Easement Agreement with Chin Investments One L.L.C. d/b/a Sunnyside Park (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 (24-1443) An Ordinance to Amend Sections 5.20.3 of Chapter 55 (Unified Development Code) of Title V of the Code of the City of Ann Arbor (Vehicular Use Area Buffer) CPC Recommendation: Approval (6 yeas, 0 nays) (ORD-24-17)
Amendments to the Unified Development Code will correct an oversight/mistake made in previous amendments. In February 2024, Council approved amendments to reduce requirements for a “conflicting land use buffer” between different zoning districts. Those changes removed landscaping, screening, and buffering requirements between residential zoning districts.
https://a2council.com/ann-arbor-city-council-february-20-2024/
This week’s amendments require a 15 foot buffer where vehicular use areas are adjacent to a public park or lots/parcels in a residential district.
A staff memo this week explains:
The version of the draft ordinance considered by the Planning Commission following a public hearing on June 6, 2023 included proposed Section 5.20.3.C, moving the conflicting land use buffer requirements for vehicular use areas from the conflicting land use buffer section to the vehicular use areas section. This section was omitted from the City Council adopted version from February 20, 2024.
PH-2/B-2 (24-1599) An Ordinance to Amend Chapter 75 (Leaf Blowers) of Title VI of the Code of the City of Ann Arbor (ORD-24-18)
Amendments to the ordinance regulating gas powered leaf blowers will add permissible uses: “to prepare or conduct a lawful controlled or prescribed burn for ecological maintenance or ecological restoration” and “when necessary to maintain public facilities”.
The original ordinance regulating gas power leaf blowers was approved in December 2023.
https://a2council.com/ann-arbor-city-council-december-18-2023/
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 (24-1443) is the same as PH-1 above
B-2 (24-1599) 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.
C-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)
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/
C-2 (24-1471) An Ordinance to Amend Chapter 55 (Unified Development Code), Rezoning of .05 Acres from TWP (Township District) to R1B (Single-Family District), Brixmor Property, 110 Algebe Way (CPC Recommendation: Approval – 8 Yeas and 0 Nays)
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.
C-3 (24-1618) An Ordinance to Amend Chapter 102 (Home Energy Rating Disclosure) of Title VIII
Amendments to the Home Energy Rating Disclosure (HERD) ordinance will clarify that:
- An energy rating must be posted continuously in a publicly accessible real estate listing for as long as the property is on the market for sale
- A report must align with templates from the federal Department of Energy (DOE)
- A report will include recommendations for improvement in CO2 emission reductions
- The HERD ordinance may be enforced by staff other than Building and Rental Services Unit Employees or Development Services Inspectors.
The HERD ordinance was originally approved in August 2023, requiring home sellers to provide a Home Energy Score Report completed by a Home Energy Assessor (certified by the US Department of Energy).These reports estimate annual and monthly energy use and cost by fuel type, as well as comparative Home energy scores for similar dwellings. These seller disclosure requirements may be waived at the “sole discretion” of the Director of the Sustainability and Innovations department (Dr. Missy Stults).
HERD requirements do not apply to multi-story/multi-family housing, accessory dwelling units, mobile homes, or commercial buildings. This week’s amendments rephrase terms emphasizing that they do not apply to a single unit for sale within a vertically-stacked multi-family structure.
C-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
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
The amendments proposed this week 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
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 (24-1665) Resolution in Support of Ordinance to Add a New Section 9.155.1 to Chapter 112 (Non-Discrimination) (Right to Sit)
By resolution, Council would express approval for the ordinance amendment in C-4.
DC-2 (24-1662) Resolution Recognizing Creative Washtenaw as a Civic Nonprofit Organization Operating in Ann Arbor for the Purpose of Obtaining a Charitable Gaming License
By resolution, the City will recognize Creative Washtenaw as a local civic nonprofit organization for the purpose of obtaining a charitable gaming license. Creative Washtenaw plans to hold a raffle on September 30th, 2024, at Washtenaw Community College, 4800 E Huron River Dr, Ann Arbor, MI 48105
DC-3 (24-1667) Resolution for County Millage Rebate Use [Co-sponsors Will Move to Postpone until October 7, 2024]
Note: the published agenda includes explanation that this resolution’s sponsors plan to postpone it to October 7, 2024.
By resolution, City Council would assert spending priorities for millage rebate funds that will be received if a Washtenaw County millage is approved. This refers to the extension of a County-wide millage from 2017 to fund mental health services and the County Sheriff’s department. The terms of the millage include a ‘rebate’ for those communities (including Ann Arbor) that maintain their own police forces. The Millage rebate funds will enter the City’s general fund untethered as to purpose.
City Council would approve the following spending priorities for the 2024 County millage rebate:
- 40% to unarmed response
- 40% for supportive housing services through the Ann Arbor Housing Commission
- 20% for bicycle and pedestrian safety
Seven years ago, in anticipation of the original County millage, Council approved a similar resolution directing priorities for the rebate. In 2017, Council approved the following priorities to spend the County millage rebate:
- 40% toward construction, renovation, and capital improvements of affordable housing assets
- 40% to effect the goals of Ann Arbor’s Climate Action Plan
- 20% to improve bicycle and pedestrian safety
A significant number of voters were completely unaware of that resolution; for these voters, the ballot offered no indication that allocations were “promised” or that any of the funds were committed to goals other than community mental health or public safety. Alternatively, local environmental nonprofits were well aware of the 2017 resolution and helped promote the County millage among their members, relying on the promise of funding. After approval of the millage, advocates for mental health services challenged allocations that strayed so far from the language that voters saw on the ballot.
Ann Arbor was the only municipality to anticipate this County millage rebate with a resolution directing future allocations. In the other six municipalities that received this rebate, elected leaders recognized that the funds were entering local budgets untethered as to purpose, and allocation decisions would have to happen in the context of a regular budget process, among the leaders in office during that process.
I wrote about it at the time:
https://a2elnel.com/post/additional-thoughts-mar-3-2019-mental-health-millage-rebate/
Thank you for taking the time to be informed about our local government!
Elizabeth Nelson