August 14, 2023
City of Dexter City Council
Public Hearing and Meeting
Monday, August 14, 2023 at 7 p.m.
3515 Broad Street, Dexter, MI 48130 and via Zoom
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Meeting ID: 881 4138 1694#
Meeting Agenda: https://files.dextermi.gov/City_Council/2023/Agendas/2023-08-14-CC-A.pdf
Meeting Packet: https://files.dextermi.gov/City_Council/2023/Packets/2023-08-14-P.pdf
Public Hearing Notice: https://files.dextermi.gov/Public_Notices/2023/2023_DirecTV_Franchise_Notice.pdf
NON-ARRANGED PARTICIPATION
As always, there are two opportunities for non-arranged public participation: one near the beginning of the meeting and one near the end of the meeting. See the agenda for details. Just state your name and address and then share your thoughts–it’s that easy!
PUBLIC HEARING: DirecTV Franchise Agreement
From DirectTV: Pursuant to Section 3 of 2006 Public Act 480, MCL 484.3303 ("Act 480") and the January 30, 2007 Order ("Order") and the April 16, 2009 Order of the Michigan Public Service Commission ("MPSC"), in Case No. U-15169, DIRECTV, LLC (“DIRECTV”), hereby files the enclosed Uniform Video Service Local Franchise Agreement ("Renewed Agreement") by and between the City of Dexter, a Michigan municipal corporation (the "Franchising Entity") and DIRECTV (the “Provider”). The enclosed Renewed Agreement will have the effect of continuing in place the current terms and conditions in the Uniform Video Service Local Franchise Agreement between DIRECTV and the City of Dexter dated February 25, 2014 (“Initial Agreement”).
Per the staff memo: The franchise agreement as stated includes the maximum franchise fee allowable under State law of 5% of revenues. For reference, the City receives approximately $1,600 per year in franchise fees from AT&T/DirecTV. This is compared to approximately $76,000 per year that is received from Comcast. A copy of the franchise agreement is attached for Council’s review.
Council will review (1) minutes of its most recent meeting(s) and (2) the upcoming meeting list. We will also hear various updates from staff, including the City Manager and the Mayor (note that corresponding written reports are included in the meeting packet).
STAFF UPDATES
Staff updates that might be of interest:
The Pelham (8180 Main Street). (my words) On August 7, the Planning Commission conducted a public hearing regarding this preliminary site plan and Planned Unit Development (PUD) application. If you have time and are interested in this topic, I suggest you watch the video recording of the public hearing linked to here: https://youtu.be/KYOBXWxDbo4?t=633
Per staff’s memo: The Planning Commission’s primary concerns centered on the need for the applicant to 1) provide extensive landscaping between the buildings and the top of the bank, 2) pull the buildings back away from the top of the bank, and 3) relocate the dumpsters from Main Street. The Planning Commission voted unanimously to postpone action to allow the applicant time prepared a revised site plan that addressed those concerns, as well as the concerns identified in the reviews from staff, the planning and engineering consultants, and DAFD.
Mill Creek Flats (7997 and 7965 Grand Street). (my words) On August 7, the Planning Commission conducted a public hearing regarding this preliminary site plan and Planned Unit Development (PUD) application. If you have time and are interested in this topic, I suggest you watch the video recording of the public hearing linked to here: https://youtu.be/KYOBXWxDbo4?t=7388
3045 Broad Street. Common Sail has submitted a written request for an Extension of the Option Period to complete due diligence items, in accordance with the Pre-Development Agreement. The request will be considered by the DDA at it’s August 17th meeting, and then by City Council at its August 28th meeting.
Per staff’s memo: Following presentations by the applicant, the Planning and Engineer consultants, DAFD and staff, and comments from the public, the Planning Commission thoroughly discussed the proposed plan before voting unanimously to recommend conditional approval to City Council. Staff anticipates the applicant will revise the plan before requesting it be considered by the City Council.
Paint Dexter Plein Air Festival. The 11th annual Paint Dexter Plein Air Festival will be taking place August 14th to 19th, with artists painting “en plein air” in and around the Dexter community. At the end of the week, artists and patrons will congregate in Monument Park under the Tent Gallery for live music, a beer and wine reception, and plenty of fresh works of art. Art sales will run from 2pm on Friday until 8pm on Saturday.
CONSENT AGENDA
Following the presentation and any discussion of these reports, Council will consider (i.e., take formal action on) the following items as part of the Consent Agenda. Unless Council votes to do otherwise, these items are voted on as a single bundle without Council discussion.
Bills & Payroll in the amount of: $879,517.77
Running Fit Events Road Closure Permit Request for the Holiday Hustle on December 2, 2023
The City of Dexter has received a road closure permit request submitted by RF Events for the annual Holiday Hustle event. Similar to last year, the normal 5K event activities will take place in Monument Park, along with continuing the half-marathon that was added in 2022. The half marathon will take place between the City and Hudson-Mills Metropark, which will start and end at the dirt lot at Forest/Broad St. near Forest Lawn Cemetery. The time of the half-marathon is off-set to begin and end before the 5K begins. The 5K includes the closure of Central St., and temporary closings of other streets while the race occurs. A copy of the request and route maps are included in the packet.
Resolution to Amend Postmark Requirement for the Summer 2023 Tax Bill
From Marie Sherry, Finance Director/Treasurer/Assessor: During my July report to City Council, I informed you that the return address for the City- provided envelopes that were included on the Summer 2023 tax bills was incorrect, and that I had planned on sending out a postcard in August to taxpayers that had not yet paid. I also mentioned that I had planned on waiving the postmark requirement for just this tax season, in order to allow for forwarding of mail. Council Member Michels questioned whether or not City Council should be approving that change, to which I replied that the Treasurer could make that decision.
The prohibition on accepting postmarks was established when we became a City. As a village, we accepted postmarks because we did not have the responsibility for winter taxes. Once we did, I decided that we should follow the County Treasurer’s recommendation to not accept postmarks. However, upon reflection I am not sure if that was a unilateral decision or one that was made officially by City Council in one of our early tax-related documents. Therefore, I am requesting that the attached resolution be adopted so that there are no future questions in regard to the City’s postmark requirement for tax bills. Thank you.
Award of 2023 Annual Sanitary Sewer Pump Maintenance to JK of Michigan for an Amount not to Exceed $5,850
In an effort to maximize the useful life and monitor pump performance, the City of Dexter Utilities Department contracts for annual sanitary pump maintenance. Annual pump maintenance includes inspection of electrical systems, inspection of pump, oil change of pump motor, and documenting of inspection results. This is a contracted service, as City staff does not have the means to safely remove and reinstall most of the pumps in the sanitary system.
The City received four proposals for this service:
Jett Pump - $15,213.51
Kerr Pump - $10,036
Kennedy Industries - $7,675
JK of Michigan - $5,850
Purchase of Raw Sludge Pump Elements from Kennedy Industries in an Amount not to Exceed $9,703
During the 2012 WWTP Solids Handling Improvement Project, two peristaltic Watson Marlow raw sludge pumps were installed in the Digester Building. The peristaltic tube or pump element is a “wear” item in the pump, which has a life expectancy of 7 to 10 years (although they sometimes can fail prematurely). Watson Marlow recommends keeping replacement elements in stock at the WWTP in order to facilitate timely repairs in the event of a failure. Current lead times on these elements are 4 to 6 weeks.
Until the fall of 2022, Utilities had the elements in stock, which were purchased as a part of the 2012 project. At that time, Utilities staff installed the replacement pump elements in two pumps after the Pump #1 element failed.
The purchase for these pump elements and other parts were included as a part of the FY 2023-24 budget. The recommended purchase is direct from the manufacturer via their Michigan representative, Kennedy Industries.
Award of Concrete Saw Cutting Bid to Precision Concrete for an Amount not to Exceed $20,000 Per Year Through 2025
On June 29th, the City issued a bid package for services relating to concrete sidewalk vertical joint displacement (trip hazards) via saw cutting. Bid responses were due on Friday, July 21st. As of the deadline, the City received one bid response from Precision Concrete, Inc.
Saw cutting of displaced sidewalk joints (trip hazards) has several benefits. One of the most common causes of displaced sidewalks is roots from street trees. During full flag/slab replacement, the tree roots are normally cut, which has the potential to kill the street tree. In some cases, saw cutting will only be a temporary fix, as the tree roots will continue to grow and will require full slab replacement at some time in the future. However, concrete saw cutting is significantly cheaper than full slab replacement, and will allow the City to treat a significantly greater number of trip hazards than full slab replacement or concrete lifting (pumping) alone.
This is a common sidewalk treatment program, and Precision Concrete services a significant number of communities throughout Michigan. Precision Concrete has performed work for the Dexter Community Schools, Ann Arbor, Saline, and Brighton. They also performed a pilot program (proof of work) for the City of Dexter on Broad St. near Main St.
Proposal form CMR Mechanical to Replace Two Air Conditioning Condensing Systems and Two Furnaces for an Amount not to Exceed $29,990
The proposal from CMR Mechanical involves the replacement of two A/C condensing units and two furnaces at 3515 Broad Street, City Hall.
Purchase of 2024 GMC Sierra 2500HD 4x4 Pick-Up from Todd Wenzel Chevrolet Buick GMC for an Amount not to Exceed $57,253.85
The FY 2023-24 Water and Sewer Funds provided for the replacement of a 2008 GMC Sierra pick-up truck utilized by the Utilities Department. The proposed replacement vehicle is a current-year version of the same vehicle, a 2024 GMC Sierra 2500HD Dbl Cab 4x4 Shortbox Pick-up. This vehicle package includes the necessary equipment for snow plowing. The proposed price of $57,523.85 was quoted using MiDeal pricing. The MiDEAL Purchasing Program is group pricing for Michigan cities, townships, villages, counties, school districts, universities, and hospitals. The program provides opportunities for members to leverage the contracts established by the State of Michigan. Unfortunately, vehicle orders, even through the MiDEAL program, have been difficult and have long lead times.
Purchase of 2024 GMC Sierra 3500HD 4x4 Pick-Up from Todd Wenzel Chevrolet Buick GMC for an Amount not to Exceed $47,106.58
The FY 2023-24 Motor Pool Fund provided for the replacement of a 2003 one-ton dump truck utilizd by the Department of Public Works. The proposed replacement vehicle is a current-year version of the same vehicle, a 2024 GMC Sierra 3500HD Reg Cab 4x4 Chassis Pick-up Truck. This vehicle package includes the necessary equipment for snow plowing. The proposed price of $47,106.58 was quoted using MiDeal pricing. The MiDEAL Purchasing Program is group pricing for Michigan cities, townships, villages, counties, school districts, universities, and hospitals. The program provides opportunities for members to leverage the contracts established by the State of Michigan. Unfortunately, vehicle orders, even through the MiDEAL program, have been difficult and have long lead times.
This equipment is being purchased by the Motor Pool Fund, so the hours the equipment is in use will be tracked. The per hour rate for each piece of equipment is established by MDOT. This is used to help build a reserve for future equipment/vehicle replacement.
Bench Donation for Monument Park from Samborn Family
The Samborns reached out to City staff regarding interest in donating a bench in Monument Park to honor their parents who were long-time Dexter residents. Their request involves the installation of one bench on one of the concrete pads along the sidewalk in the back of the park that runs parallel with the WISD parking lot. There is currently a vacant pad in Monument Park where a bench could be located.
The donation would provide for the bench and the 3”x5” plaque, with installation by City staff. The estimated cost is $3,000.
At their July meeting, the Parks & Recreation Commission voted unanimously to recommend the bench donation to City Council.
DISCUSSION AND/OR CONSIDERATION ITEMS
In addition to any items described under Consent Agenda (above), Council will consider (i.e., take formal action on; “C”) or discuss (i.e., take no formal action on; “D”) the following business:
Text Amendments to Zoning Ordinance for Self-Storage Facilities (C)
On July 24, 2023 the City Council considered a text amendment to the Zoning Ordinance regarding Self-storage facilities. The above referenced text amendment had been recommended by the Planning Commission, following a public hearing on July 11, 2023. Following a presentation of the proposed text amendments by staff and a thorough review and discussion by Council, staff was directed to incorporated a number of non-substantive changes that were discussed during the meeting and bring the revised amendments back at the next council meeting, for continued consideration. Staff has completed the changes, as follows (new text as requested by City Council is underlined; unchanged text is underlined; text to be deleted as requested by City Council is struck out):
Application for Special Land Use from Champion Gymnastics Ann Arbor for 2362 Bishop Circle East (C)
The City Council is scheduled to consider an application for Special Land Use, for a gymnastics facility, located at 2362 Bishop Circle East in the Dexter Business and Research Park. The applicant is Launie Aben, owner of Champion Gymnastics, Ann Arbor. The property owner is Song and Crane LLC. The property contains an existing 18,777 sq. ft. vacant former industrial building, which would be renovated for the proposed new gymnastics facility.
The subject site is zoned RD, Research and Development District. The Zoning Ordinance does not include a gymnastic facility as a permitted or special use in any Zoning District. However, staff, in consultation with CWA, determined a gymnastics facility could be considered a Personal Fitness Center, which is permitted as a special land use in the RD District, and not a Commercial Indoor Recreation Center, based on the definitions of those uses.
The Planning Commission conducted a public hearing on July 11, 2023 regarding the special land use. There were no public comments offered at the meeting. Following the public hearing and after a thorough discussion, and a failed motion (5-1) to deny the project based on a finding that the proposed gymnastic facility is not similar to a personal fitness center; is not compatible with the Master Plan, and does not comply with the intent of the RD Zoning District, the Planning Commission voted unanimously to recommend approval of the special land use to City Council upon a finding that the proposed gymnastics facility is similar to a personal fitness center, and meets the requirements set forth in Article 8 for a special land use, subject to conditions outlined in the packet.
Direction for Temporary Public Safety Facilities (C) and Direction for Permanent Public Safety Facilities (C)
General Background
As discussed by City Council, the Public Safety Facilities User Group had a goal of bringing an update back to Council on permanent and temporary facilities for the August 14th meeting. To- date, the group has reviewed information regarding public safety facilities and provided feedback to the project’s architect, Partners in Architecture. The group has also brought information back to City Council regarding the selection of a construction manager, from which City Council selected Cunningham-Limp during the June 26th meeting.
Leading into the Tuesday, August 8th Public Safety Facilities User Group meeting, Partners in Architecture had developed two schemes with associated site maps and renderings. Those schemes were 1) a renovation/expansion; and 2) a full demolition and rebuild new. Once Cunnigham-Limp was brought on board, C-L worked with Partners in Architecture to understand the concepts and begin to evaluate the budget of the two options.
On a parallel track, PIA and C-L worked to evaluate options for temporary public safety facilities, focusing on 1) keeping fire at 8140 Main St. during construction; 2) constructing facilities at 3600 Central St. – the Department of Public Works; and 3) constructing/installing temporary facilities at 3515 Broad St. – City Hall.
On Tuesday, August 8th, the Public Safety Facilities User Group met to discuss the options for both the temporary and the permanent facilities for fire/police. During the discussion, Partners in Architecture and Cunnigham-Limp presented budgetary figures for both facilities. During the discussion on permanent facilities, budgetary figures presented were higher than expected and in exceedance of the budget (based on the bond dollars). This prompted a discussion on the budget, options to bring the project in-line with the budget, and next steps.
Temporary Facilities
Throughout the discussions related to temporary facilities, the Public Safety Facilities User Group has looked at two locations that seem to be the most ideal for accommodating the DAFD and WCSO during construction. These two locations are 3515 Broad Street (City Hall) and 3600 Central Street (Department of Public Works Facility). Cunnigham-Limp has provided four options, with two being at City Hall and two being at the DPW.
The option to keep DAFD at 8140 Main St. was identified as a non-desirable option. This would have significant impacts to operations, and would cause construction to take significantly longer (if a renovation option was selected for permanent facilities). In a complete demo and rebuild option, keeping DAFD at 8140 Main St. would not be an option.
Per PIA, the City Hall options range from $45,000 to $200,000, depending on whether it will be used for daytime operation or day and nighttime operation. Per PIA and C-L, the interior build-out of Section 3 would be fairly straight-forward, limited in scope, and relatively inexpensive. The most expensive piece of this option would be the rental of a temporary shelter for fire apparatus.
The DPW options range from $405,000 to $475,000, depending on whether it will be an expansion or a new, standalone building on the property. The concept for the DPW was the construction of more permanent facilities that could be used temporarily by DAFD during construction. Once construction was complete, DAFD would move back to 8140 Main, and the DPW would have additional new storage space.
In either case for temporary DAFD facilities, there is likely a scenario to accommodate WCSO at 3515 Broad St. One option could be to secure and cordon-off Section 3, if not being used in conjunction by DAFD. A second option could be to use one to two offices, which could be secured, in the office portion of the City Hall building.
Another factor taken into account was the timeline for permitting and installation for the options, which were significantly less for City Hall than the DPW. In either case, if Council desires to 1) meet the requirements of the Zoning Ordinance and existing City planning processes, and 2) proceed with construction in 2024, then a decision to proceed with temporary facilities will have to be made as soon as possible. This piece is more time-sensitive than a decision on permanent facilities.
Permanent Facilities
During the last Public Safety Facilities User Group, the numbers were reviewed for both a renovation and new build on the site at 8140 Main Street. It should be noted that Cunningham- Limp had only been working with the team for approximately one month as of the presentation of the budget figures for Partners in Architecture’s designs. After evaluating the costs presented, the User Group recognized that cost would need to be revised to bring the project more in-line with the available bond dollars.
One option discussed during the meeting that Partners in Architecture and Cunningham-Limp felt could meet the budget and maintain a similar level of needs met for DAFD/WCSO was a new build option that deleted the structure from the park level. This option would create a new two- story building starting at Main St.
Along with the four cost estimates provided by Partners in Architecture and Cunningham-Limp, estimates for additional work were included for items such as public restrooms and elevator access to Mill Creek Park, covered parking, adding additional parking on Alpine, snow-melt app bay floors, and others listed in Executive Summary from Cunningham-Limp.
Due to the turnaround with the updated cost estimates, Partner in Architecture has not had the opportunity to provide new renderings for those options. In the Executive Summary, they do out indicate whether the option will meet all the DAFD programming requirements.
Representatives of Partners in Architecture and Cunningham-Limp are planning to attend the August 14, 2023 City Council meeting to present information regarding permanent and temporary public safety facilities and where the group is in the process.
Resolution to Allow Dexter Community Schools to Participate in Washtenaw County Trash/Recycling Program (C)
The authority for the regulation of solid waste services within the City of Dexter rests with City Council. The supervision and enforcement of solid waste services rests with the City Manager. The City has entered into a contract for the provision of solid waste services, including trash, recycling, and yard waste with Waste Management. The current contract with Waste Management expires in 2024.
On April 9, 2018, City Council passed a resolution that allowed Dexter Community Schools to participate in the Washtenaw County-sponsored recycling program that allowed the School District to receive free recycling services. This program was only for recycling services and excluded trash services.
At the end of July 2023, staff was contacted by Dexter Schools representatives and Theo Eggermont, Director of Public Works for Washtenaw County, to notify the City that the Dexter Schools were interested in, and planning to particiapte in an updated refuse program that includes both trash and recycling services. The program would create a consortium of school districts located in Washtenaw County underneath a single waste hauling contract. The main goal of the program is to help reduce the cost of these services for the schools. This program would also work to make improvements that would benefit entities such as school districts, such as adjusted pick-ups during certain times of year to accommodate school scheduling, additional no-cost collections at the beginning and end of the school year, and no payment for time during breaks or on holidays.
Text Amendments to Zoning Ordinance to Allow Commercial Outdoor Recreation as a Special Land Use in the CBD and to Allow Equipment Rental in the CBD, VC, ARC, and BRC Form-Based Districts (C)
Text Amendments to Zoning Ordinance for Fences (C)
Agreement with Washtenaw County Clerk’s Office for the Administration of Early Voting (C)
Part of the approved 2022-2 ballot initiative in November 2022 regarding voting rights involved the implementation of voters’ right to an early voting site for all state and federal elections. This process will allow residents to visit a polling location in-person for 9-days prior to an election and feed their ballot directly into a tabulator. In order to provide this access as required by the Constitution and new provisions of the Michigan Election Law added by Senate Bill 367, municipalities must do one of the following:
Single municipality EV: Conduct EV as a single municipality (MCL 168.720e)
Multiple municipality EV: Enter into an agreement with one or more other municipalities
within the same county to jointly conduct an EV with those municipalities (168.720f)
County EV: Enter into an agreement authorizing the county to conduct EV (168.720g)
Regardless of which system a municipality selects, an early voting site must provide at least eight hours of early voting during, at minimum, the nine-day period beginning the second Saturday before Election Day and ending the Sunday before Election Day.
As presented during the July 27th meeting (plans subject to change), City of Dexter voters would be assigned to an early voting site located at the Scio Township Hall. Other communities that would be assigned to the Scio Township voting site under the current plan are Scio Township, Ann Arbor Township, Webster Township, and Northfield Township.
Actual costs would be equally divided amongst participating municipalities, regardless of size. While final agreements must be submitted to the State of Michigan by the end of October, the County is asking for municipalities’ boards provide an official intent to the County no later than September 30th so that agreements can be signed and submitted to the State by October 25th.