A2Council Meeting Summaries

Month: August 2023

Council Policy Agenda Committee: August 28, 2023

This is a recording I made of a Zoom audio meeting held on Monday, August 28, 2023 by the Ann Arbor Council Policy Agenda Committee. Video was not made available.

Council Policy Agenda Committee members audible in recording:

  • Deputy City Administrator John Fournier
  • CM Jen Eyer
  • CM Cynthia Harrison
  • CM Linh Song
  • CM Chris Watson
  • A lobbyist from Dykema Gossett PLLC

This meeting included updates by a lobbyist from Dykema Gossett PLLC. In March 2022, City Council approved a contract for $120,000/year with Dykema Gossett PLLC for State and Federal Lobbying Services. (Legistar)

This is the Legistar link for the meeting: https://a2gov.legistar.com/MeetingDetail.aspx?ID=1064317&GUID=6D7A7D2B-E1FC-4732-B1D5-DF63C2C2EBB8

Council Administration Committee: August 23, 2023

This is a recording I made of a Zoom audio meeting held on Wednesday, August 23, 2023 by the Ann Arbor Council Administration Committee. Video was not made available. Note that the Zoom audio quality is poor and began shortly after the meeting started.

These meetings are public and theoretically accessible for anyone to attend, both in-person and via phone, My recording illustrates the poor quality of phone access – unlike other meetings held by boards and commissions via Zoom, the audio quality of phone-access is so poor that it is extremely difficult to hear what is said much of the time.

Council Administration Committee members audible in recording:

  • City Administrator Milton Dohoney Jr
  • City Attorney Atleen Kaur
  • Mayor Christopher Taylor
  • CM Erica Briggs
  • CM Jen Eyer
  • CM Travis Radina
  • CM Chris Watson

This is the Legistar link for this meeting: https://a2gov.legistar.com/MeetingDetail.aspx?ID=1070015&GUID=F421638A-14CD-4A6F-8BA0-F7D278839B1A

Ann Arbor City Council: August 21, 2023

This Ann Arbor City Council meeting was held in person at City Hall. Members of the public can participate in public hearings and public comment either in person or via phone.


CM Song was absent

Legistar
YouTube
Newsletter
Voting Chart

A2Council Update Video

Ann Arbor City Council Meeting Summary

APPROVED: $6,200,000 will be transferred from the Ann Arbor Housing Commission to the City’s General Fund, to purchase the City-owned property at 350 S. Fifth (the “Y Lot”). The City paid $5.2 million for this property in 2018. Staff confirmed that approximately $5 million is needed to relieve debt attached to it and the additional funds (~$1 million) from the Housing Commission would be used for “other initiatives.” (Legistar)

APPROVED: Eleven annexed parcels are added to the zoning map of the City of Ann Arbor. The parcels are located on Newport Road, Bird Road, and Victoria Circle and will be rezoned from TWP (Township) to R1D (Single-Family Dwelling district). City staff recommended R1A zoning, but Mayoral appointees on the Planning Commission recommended R1D. The R1D zoning is distinct from the surrounding R1A zoning but will allow increased opportunity for the properties to be divided for additional housing. (Legistar)

  • The distinction between R1A and R1D is explained in the Unified Development Code: “Application of the R1D and R1E district may require a greater degree of services than the less dense Single-Family Zoning Districts. To assure health, safety and welfare, any future R1D and R1E zoning areas should be contingent upon the availability or provision of adequate public services to serve the higher densities permitted by that district, in addition to other pertinent planning considerations.”
  • The minimum lot size for R1A is 20,000 sq. ft; the minimum lot size for R1D is 5,000 sq. ft.
  • The minimum front setback for R1A is 40 feet; the minimum front setback for R1D is 25 feet.
  • A chart with these and other differences between the two zoning districts (e.g. setbacks, lot width, etc) can be found in section 5.17.3 on page 80 of the “Unified Development Code Eighth Edition (February 26, 2023)” at this link: https://www.a2gov.org/departments/planning/Pages/Unified%20Development%20Code.aspx

APPROVED: The developer of 2060 Stadium is granted a PILOT (payment in lieu of taxes) for a project that includes 164 affordable housing units priced at or below 60% AMI. In lieu of taxes, the property owner will be assessed an annual service charge of $1 per housing unit for so long as the project maintains eligibility and the federally-aided mortgage loan remains unpaid. (Legistar)

APPROVED: An agreement between Ann Arbor and the City of Dearborn will allow the fire departments to borrow and lease vehicles between the municipalities. The agreement includes a plan for Ann Arbor to lease an ambulance from the City of Dearborn. (Legistar)

APPROVED: A resolution directs the City Administrator to ask for changes in the CLEMIS data management system. CLEMIS stands for Courts and Law Enforcement Management Information System. The system originated in Oakland County and is now used by other local law enforcement departments. CLEMIS is used for police reports, including explanation of how and why officers initiate contact with people. The resolution asks the City Administrator to request changes to the system, allowing officers to include more information. (Legistar)

APPROVED: The City will participate in prescription opioid litigation settlements with Walgreens. Ann Arbor is expected to receive an estimated $194,068.33. (Legistar)

APPROVED: By resolution, City Council urges the Michigan Legislature to outlaw flavored tobacco products and repeal current laws that restrict local units of government from regulating the sale and licensure of tobacco products for distribution. (Legistar)

APPROVED (first reading, due to substitution): A new ordinance will require sellers of certain residential housing units to disclose a “Home Energy Audit” prior to sale. Requirements do not apply to multi-story/multi-family housing, accessory dwelling units, mobile homes, or commercial buildings. Sellers will provide a Home Energy Score Report completed by a Home Energy Assessor (certified by the US Department of Energy). Included in an audit will be estimates of 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). (Legistar)

  • The Office of Sustainability and Innovations (OSI) has explained “plans to hire a full-time home energy assessor to do free home energy assessments for residents” and that other firms “could be put under contract to offer additional help during high demand periods and [they are] working with those firms to hire additional capacity” with the “goal to get all homes in Ann Arbor scored using the Home Energy Score.”
  • This ordinance initially passed at “first reading” on August 7, 2023. At the suggestion of OSI staff, Council approved a substitute ordinance with a few changes:
    • “Listing Service” is now defined in the ordinance as the database tool used by realtors
    • Home Energy Score must be disclosed in “at least one” rather than all Real Estate Listings
    • Disclosure requirements that refer to “Real Estate Listing” and “Public Listing” no longer include a sign display
    • Noncompliance is determined at time of sale
    • Fines for noncompliance no longer compound daily
  • This substitution returned the ordinance to “first reading”. Another public hearing and vote for final approval at “second reading” is scheduled for September 5, 2023. A motion to postpone “first reading” to October 2, 2023 was defeated
  • https://www.mlive.com/news/ann-arbor/2023/08/realtors-oppose-new-ann-arbor-law-to-disclose-home-energy-ratings.html
  • https://www.mlive.com/news/ann-arbor/2023/08/as-realtors-push-back-ann-arbor-agrees-to-tweak-home-energy-disclosure-law.html

APPROVED (first reading): Two parcels at 2670 and 2690 Ann Arbor-Saline Road are proposed to be rezoned from Single-Family Dwelling district (R1C) to Office District (O). The house at 2670 was previously a rental home and is currently an office. The house at 2690 is currently nonconforming in its use as a personal storage unit. (Legistar)

APPROVED (first reading): An ordinance amendment will create a new class of “micro-business” under city regulation of Marijuana facilities. Currently, one category of micro-business is defined as a facility cultivating up to 150 plants and processing/packaging/selling them to individuals over the age of 21. The amendment will establish a second category of micro-business (“Class A”) that allows a facility to cultivate up to 300 plants, package marijuana, purchase marijuana concentrate or infused products from a processor, and sell them to individuals over the age of 21. The new Class A micro business will not be permitted to process marijuana. (Legistar)

  • The amendment also includes an expansion of allowable hours of operation. Currently, marijuana facilities may not operate after 9 p.m. or before 7 a.m. The amendment will permit operation until to 12 a.m. (midnight).
  • City staff response to agenda questions explains that “there has been interest among marijuana business owners to allow extended hours of operation.” Additional staff explanation refers to “discussions among Council Members.”
  • “Factors that were considered include discussions among Council Members regarding the disparity between the closing hours of establishments in which liquor can be purchased or consumed (2:00 am) and marijuana dispensaries and consumption establishments (9:00 pm).”
  • Staff explained further: “AAPD had concerns about a potential 2:00 am closing time because of the amount of cash kept at dispensaries. AAPD recommended allowing marijuana establishments to remain open until 12:00 am for a trial period to see if there might be an uptick in crime during the extended hours, and to allow a later closing time if there are no issues with the 12:00 am closing time.”
  • Link to Council Agenda Response Memo (8/17/23): https://a2gov.legistar.com/View.ashx?M=F&ID=12232317&GUID=DA3A6F00-BC22-48A1-A3A9-159A0C12B15F

A2ELNEL Voting Chart

Ann Arbor City Council Voting Chart for August 21, 2023 Part 1
Ann Arbor City Council Voting Chart for August 21, 2023 Part 2
Ann Arbor City Council Voting Chart for August 21, 2023 Part 3

Ann Arbor City Council: August 7, 2023

This Ann Arbor City Council meeting was held in person at City Hall. Members of the public can participate in public hearings and public comment either in person or via phone.

Mayor Taylor was absent
CM Cornell was absent

Legistar
YouTube
Newsletter
Voting Chart

A2Council Update Video

Ann Arbor City Council Meeting Summary

Thirteen public commenters signed up to speak about rental housing concerns.

APPROVED: By resolution, Council directs the City Administrator to provide information about City response to storm-related power outages and recommendations for improvement by September 30, 2023. (Legistar)

The City Administrator is directed to provide an analysis of:

  • Geographic patterns of weather-related power outages
  • Emergency-related communication and coordination between the City, DTE, and community -organizations
  • Systems impacted by and City/community response to these events
  • The role of resilience hubs in these events

The City Administrator will also provide an inventory of community cooling/warming centers and an estimate of total emergency City costs related to power outages in February 2023, March 2023, and July 2023.

Feb 28, 2023 Power Outage articles:

July 27, 2023 Power Outage articles:

APPROVED: A list of Public Art Commission Capital Improvement Enhancements for FY24-FY29 from the Ann Arbor Public Art Commission. A long list of projects includes Allmendinger Park, Gallup Park, downtown restrooms, roundabouts at Moore/Longshore/Pontiac Trail and Dhu Varren/Pontiac Trail, and the band shell at West Park. (Legistar)

APPROVED: $100,000 in traffic calming devices on Fulmer Street (between Miller and Foss). Six devices will be installed: one curb extension at Foss, two raised mid-block crosswalks, and three speed humps. (Legistar)

POSTPONED: An $80,000 contract with SPARK for “economic development services” will fund their work attracting new business to Ann Arbor. From staff explanation: “The deliverables are the attraction and retention of companies that add or maintain taxable value and add or retain jobs.” Council voted unanimously to postpone this contract to the meeting of August 21, 2023 to give staff time to answer questions about diversity and representation within SPARK leadership and among the businesses they support. (Legistar)

POSTPONED: An ordinance amendment will lift the requirement that one commissioner be the “owner or operator of a transportation business operating in the City of Ann Arbor.” Council voted unanimously to postpone to the meeting of September 18, 2023, at the request of Council Member Harrison, who proposed that bylaws designate a seat for someone over the age of 55. (Legistar)

  • The Transportation Commission was first established in 2016, when the Taxicab Board was disbanded. Since 2016, the Transportation Commission has included eleven members:
    • 6 members of the public
    • 1 owner or operator of a transportation business operating in Ann Arbor
    • 1 member of the Planning Commission
    • 1 member of the Commission on Disability Issues
    • 1 individual appointed by the board of the Ann Arbor Area Transportation Authority
    • 1 member of City Council
  • After this amendment, seven members of the general public will serve on the Transportation Commission.

APPROVED (first reading): Ten parcels with addresses on South State Street (1601, 1605, 1607, 1609, 1611), Henry Street (714), and White Street (1606, 1608, 1610, 1612) will be rezoned from R4C (Multiple Family Residential) to C1A/R (Campus Business Residential) with conditions, in order to permit the construction of a development (“SouthTown by 4M”) that includes 216 dwelling units with a 54 space parking garage. (Legistar)

Staff explains that the rezoning “increases the development of the block about three times over what is currently allowed.” The height limit for current zoning is 30 feet and the developer proposes zoning with four conditions:

  • Height limited to 100 feet
  • Parking limited to 54 spaces
  • Natural gas connection only for emergency backup
  • Short term rentals (limited to 30% of units)

The maximum FAR (a calculation of permitted density) for C1A/R zoning is 300% and this development has requested a variance because it exceeds that maximum. Inclusive of the parking garage, the FAR for this development is 345%; excluding the parking garage, the FAR for this development is 308%.

The block proposed for rezoning and redevelopment/gentrification currently contains 49 housing units on 1.7 acres. There is one single family home at 714 Henry Street and the other nine properties are multi-family housing containing three to thirteen units each. The current R4C zoning prohibits these units from being used as dedicated full-time short term rentals. The zoning change to C1AR will allow the new housing units to be used as short-term rentals, consistent with the adjacent properties owned by the same developer.

APPROVED (first reading): Proposed amendments to the TC-1 zoning category to address two potential uses:

  • Automobiles, Motorcycles, Recreational Vehicles, Equipment (Sales and Rental)
  • Automobile, Truck, Construction Equipment Repair

At the table, Council unanimously approved an additional amendment to remove language requiring that auto-related businesses store vehicles in an enclosed building. (Legistar)

These amendments to TC-1 zoning are in response to a City Council resolution (12/5/22 – Legistar) requesting that the Planning Commission “evaluate and recommend amendments to the TC1 Zoning District or Unified Development Code (UDC) that:

  • Incorporate limited automobile-related uses into the TC1 District, excluding drive throughs and gas stations
  • Address constraints of existing narrow rights of way”

In a memo (4/18/23 – Legistar) City staff explained that these amendments do not offer “an evaluation or recommendation to address the constraints of existing narrow rights-of-way, or propose an amendment to the maximum building height limits. These issues will require more time and resources than consideration of permitted uses.”

In that memo, City staff recommended that these uses be permitted as a primary use: “Staff recommend approval of the proposed amendment to allow automobile, motorcycle, recreation vehicle, equipment (sales and rental) in the TC1 district.”

They explained further: “Given the existing form-based development standards of the TC1 district, incorporating vehicle sales and rental and vehicle repair uses will have minimal long-term impacts. Newly established vehicle sales, rental and repair uses are required to be in buildings of at least two stories, with an active street-level use, and easy for transit and nonmotorized-transportation users to access. As with any business in TC1, auto-related businesses would only be allowed limited areas on site for outdoor storage of vehicle inventory, or vehicles waiting for repair or pick-up.”

City Council will not consider this recommendation from City staff. Instead, Council considers the recommendation of five Mayoral appointees on the Planning Commission, who propose that these categories be allowed only as “special exception use.” By City ordinance, all applications for a “special exception use” are ultimately accepted or rejected by the Mayoral appointees on the Planning Commission. The approval process for Special Exception Use is explained in the “Procedures Summary Table” in section 5.27 on page 170 of the “Unified Development Code Eighth Edition (February 26, 2023)” at this link: https://www.a2gov.org/departments/planning/Pages/Unified%20Development%20Code.aspx

It is worth noting: six votes are required for the Planning Commission to act on plans, policy statements, granting of special exception uses, recommendations to City Council, and petitions. Due to three absences and one recusal, the 5-0 recommendation to approve these ordinance amendments was not actually approved by the Planning Commission. Minutes from the 4/18/23 Planning Commission meeting explain that “the motion as amended failed.” http://a2gov.legistar.com/View.ashx?M=F&ID=12187547&GUID=C4CDE3BC-4F07-41D9-9DDC-F1ADBA46CD8A

Coincidentally, at their 7/18/23 meeting, the City Planning Commission considered Bylaw amendments that would lower the vote requirement to five. That and other proposed changes will be discussed at the August 15th meeting of the Planning Commission. http://a2gov.legistar.com/View.ashx?M=F&ID=12170685&GUID=87997024-9E5B-4406-9167-E1969EAB8C1A

APPROVED (first reading): A new ordinance will require sellers of certain residential housing units to disclose a “Home Energy Audit” prior to sale. Requirements do not apply to multi-story/multi-family housing, accessory dwelling units, mobile homes, or commercial buildings. Sellers will provide a Home Energy Score Report completed by a Home Energy Assessor (certified by the US Department of Energy). Included in an audit will be estimates of 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). (Legistar)

In questions to the agenda, several Council Members relayed concerns from realtors and asked about how this ordinance might delay real estate transactions. The Office of Sustainability and Innovations (OSI) provided this response:

  • “OSI is dedicating Community Climate Action Millage dollars to hire a full-time home energy assessor to do free home energy assessments for residents. We expect this person to be hired in the coming weeks (the job is currently posted), so they’ll be ready by the time this ordinance would take effect.”
  • “OSI has been coordinating with local energy service providers to help meet any additional demand that may exceed the ability of the soon to be hired Energy Assessor. This includes meeting with firms that could be put under contract to offer additional help during high demand periods and working with those firms to hire additional capacity to ensure they are ready to support the program as needed. Furthermore, these firms have agreed to work with the City on additional workforce development (i.e. training additional assessors) to grow both the Ann Arbor as well as the region energy assessment labor field.”
  • “Additionally, apart from the HERD ordinance, OSI has a goal to get all homes in Ann Arbor scored using the Home Energy Score. This goal helps move us toward achieving A2ZERO, and as it relates to HERD, getting homes scored before they decide to sell means it’s not a non-issue come listing & sale.”

https://www.mlive.com/news/ann-arbor/2023/08/realtors-oppose-new-ann-arbor-law-to-disclose-home-energy-ratings.html

A2ELNEL Voting Chart

Ann Arbor City Council Voting Chart for August 7, 2023 Part 1
Ann Arbor City Council Voting Chart for August 7, 2023 Part 2
Ann Arbor City Council Voting Chart for August 7, 2023 Part 3

Ann Arbor City Planning Commission: August 1, 2023

This meeting was held in person at City Hall.

Council Member Disch was absent
Commissioner Lee was absent
Commissioner Mills was absent

POSTPONED: 2805 Burton Road – Brightdawn Village Site Plan Amendment. A proposal to reduce the size of the indoor gathering building by approximately 2,000 sq ft, adjust sidewalks and utility leads, relocation of barrier free parking and electric vehicle charging updates per current edition of UDC (Unified Development Code) on this 8-acre site zoned R4B (Multi-family Residential) (Legistar)

  • From the minutes: “Planning Manager Brett Lenart recommended due to lack of board members hold Public Hearing and postpone applicant presentation to the August 15, 2023 Planning Commission meeting.”
  • The original site plan was approved by City Council on December 7, 2020 https://a2council.com/ann-arbor-city-council-december-7-2020/

POSTPONED: 1800 Washtenaw Avenue – Evans House for Scholars Special Exception Use. A request to increase occupancy from 65 to 85. No proposed changes to exterior of house located on this 0.85-acre parcel, zoned R2B (Two-Family Dwelling) (Legistar)

  • From the minutes: “Planning Manager Brett Lenart recommended due to lack of board members hold Public Hearing and postpone applicant presentation to the August 15, 2023 Planning Commission meeting.”

Legistar and Video Links

Legistar: https://a2gov.legistar.com/MeetingDetail.aspx?ID=1069316&GUID=D7BD9CC7-7F56-4B2B-BC25-B0A50C0A3B28

YouTube: https://youtu.be/WaasgBTyhHw

CTN Video: https://ctnvideo.a2gov.org/CablecastPublicSite/show/8661

Meeting Length: 26m

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My name is Elizabeth Nelson, and I believe that your local government should be accessible and transparent. Since 2018 , I have sent out a newsletter before every Council meeting with my summary of agenda items coming before City Council, plus news and events of interest to Ann Arbor residents.

After each Council meeting, I create and post voting charts so that you can easily see how Council voted, and update this website with meeting summaries that include links to the City’s Legistar website, CTN’s YouTube video, and articles published on MLive.

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