August 28, 2023
City of Dexter City Council Meeting
Monday, August 28, 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/2023-08-28-CC-A.pdf
Meeting Packet: https://files.dextermi.gov/City_Council/2023/Packets/2023-08-28-CC-P.pdf
EGLE Right-of-Way Permit Application: https://files.dextermi.gov/City_Council/2023/Packets/2023-08-28-EGLE_Permit_Attachments.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!
VARIOUS UPDATES
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 that might be of interest:
Paint Dexter Plein Air Festival. The 11th annual Paint Dexter Plein Air Festival came to a close on Saturday, August 19th, and was a big success! Paint Dexter saw its best year since 2017, with 77 artists submitting 345 pieces of artwork. With an inventory total of nearly $95,000, the Festival sold 96 paintings, which is a new record. Staff wants to thank the Arts, Culture & Heritage Committee and all the volunteers for making this one of the best Festivals yet.
Rental Inspection Proposal. Staff has solicited a proposal from Carlisle-Wortman Associates to assist with the development of the draft rental inspection ordinance. Staff anticipates that the proposal will be provided at an upcoming City Council meeting for approval.
No Knock List. Over the last few weeks, staff has received a number of complaints about solicitors that have received hawker/peddler permits. Staff is aware that other Michigan communities have established “No Knock” lists via ordinance, which serve a similar function to “do not call” lists. If City Council is interested, staff is willing to draft a “No Knock” ordinance for Council consideration.
Public Safety Facilities. Staff participated in a Public Safety Facilities User Group meeting on Tuesday, August 22nd. David Gassen with Partners in Architecture reviewed progress to-date and debriefed on City Council’s decisions from the August 14th meeting. Partners in Architecture will be moving forward with preliminary design based on a new build (my words: at the current site, 8140 Main Street) concept. There are still conceptual budgetary-functional decisions that will need to be made, and staff is anticipating bringing those questions back to Council at an upcoming meeting.
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: $410,458.09
Build-Out of GMC 3500HD Dump Truck by Truck & Trailer Specialties Inc. for an Amount not to Exceed $32,296
During the August 14th meeting, City Council approved the purchase of a 2024 GMC Sierra 3500HD Reg Cab 4x4 Pick-Up Truck for use by the DPW. The truck is set to replace a 2003 one- ton dump truck (same truck, but older model). This truck is anticipated to be used in a variety of capacities by the DPW, including for snow plowing. The proposed price of $32,296 is to outfit the truck with the necessary equipment for regular use.
Purchase of a Refrigerated BOD Incubator from Jade Scientific for an Amount not to Exceed $6,050
As part of the 2023-24 Budget, there are funds allocated for the replacement of the refrigerated BOD (Biochemical Oxygen Demanded) incubator. The incubator is used to hold BOD samples for 5 days at a constant temperature. The current incubator is 26 years old, and replacement parts are becoming harder to obtain.
Award of Pavement Crack Seal Services to K&B Asphalt Sealcoating, Inc. for an Amount not to Exceed $25,000
The City’s crack seal program involves the application of rubberized asphalt material to cracks in the City’s roads. This is an annual program that seeks to extend the life of City streets by keeping water from infiltrating the pavement, then expanding/contracting. The City’s Department of Public Works staff prepares the list of roads needing crack seal treatment and provides the list to the City’s selected crack seal contractor.
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:
Right-of-Way Permit Applications from Michigan Department of Environment, Great Lakes, and Energy (C)
Following reporting by staff, Mayor Keough, City Attorney Scott Munzel and the City’s Environmental Consultant, Tom Wackerman (ASTI) and Council’s own discussion, Council determined it was in the best interestoftheCityandpublictoworkwithEGLE. Assuch,Councilvotedunanimouslytoapprovethe above referenced 4-M-A ROW Permit for the construction of temporary soil gas monitoring wells in the public road right-of-way adjacent to property located at 3115 Broad Street, subject to a number of conditions. Council postponed action on ROW Permit Applications 4-M-B and 4-M-C until a written work plan to allow the applicant to address conditions discussed in the meeting, and to include the identification and abandonment of unused well locations.
(a) (5-8-23 M-4-A) Soil Gas ROW Permit Application for the Construction of Temporary Soil Gas Monitoring Wells in the Public Road Right-of-Way Adjacent to Property Located at 3115 Broad St.
Soil Gas ROW Permit Application for the construction of temporary soil gas monitoring wells in the public road right-of-way adjacent to property located at 3115 Broad Street (4-M-A). Included with the application was a letter dated, April 5, 2023, which explains EGLEs concerns regarding Trichloroethylene (TCE) in groundwater above non-residential vapor intrusionmedia-specificscreeninglevelsforpropertiesinDexter. Inthiscase,3115Broad Street (a/k/a Dancer’s Edge).
(b) (5-8-23 M-4-B) ROW Permit Application for Sampling Monitoring Wells Located within the Main Street Road Right-of-Way.
Groundwater Sampling ROW Permit Application for Sampling (existing groundwater) monitoring wells (MW-7, MW-6D, MW-6, MW-15S, MW-15D, MW-A, MW-5, and MW-5M), which are located within the Main Street Road right-of-way, for the purpose of obtaining analytical data. Included with this application is a Request for Voluntary Access to Property located at 8140 Main Street, for environmental investigation activities, which is described as sampling of existing groundwater monitoring wells MW-8S and MW-8S-2, which are related to the Premcor Refining Group Inc. Settlement:
(c) (5-8-23 M-4-C) ROW Permit Application to Advance Soil Borings within the Main Street and Jeffords Road Rights-of-Way
Soil Boring ROW Permit Application for advance soil borings (PB-1, PB-2, PB-4, PB-5, and PB- 7) within the Main Street and Jeffords Street Road rights-of-way, for the purpose of collecting soil samples, again related to the Premcor Refining Group Inc. Settlement.
Agreement with Washtenaw County Clerk’s Office for the Administration of Early Voting (D)
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)
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. While the City has not been provided with a copy of the proposed agreement, based on the scope of services outlined, staff is supportive of entering into an agreement with the County.
Common Sail Development Group Request for Additional Extension of Option Period for 3045 Broad St. (C)
In a letter dated, August 7, 2023 and pursuant to the terms of the Pre-Development Agreement, dated October 12, 2022, between the City of Dexter, the Dexter DDA and Common Sail Development Group (CSDG), CSDG is requesting second extension of the Option Period for an additional one hundred (100) days, August 12, 2023 to November 20, 2023, to complete the following seven (7) due diligence items:
Continue to refine the Tax Increment Financing projections in conjunction with the City of Dexter, Dexter Downtown Development Authority, the 3045 Broad Street Committee and it’s consultants, including potential additional funding / eligible expense via amendments to Act 381;
Seek to determine the land value of 3045 Broad Street and the DTE Substation parcel;
Work with MEDC staff to review the CRP Pre-Application and gauge MEDC investment for the proposed Broad Street project;
Submit detailed breakdown of public improvement costs and determine allocation of such costs between the City, DDA, and CSIG Development;
Engage EGLE on vapor mitigation strategy and restricted covenant to determine timeline and overall approach;
Refine design and site plan in conjunction with the Mill Creek Easement;
Further engage DTE on utility relocation strategy and timing.
Amendment to the Organizational Matters Resolution to Remove Alternate Appointees (C)
During a prior City Council meeting, Council Member Griffin expressed concern regarding the appointment of City Council Members as alternates (above 3 members) to the City’s various boards, committees, and sub-committees. The concern is that such appointments create the potential for conflicts with the Open Meetings Act. During the August 14th meeting, Council discussed that an item would be brought back to remove the appointment of alternates where such alternate would cause there to be four Council Members appointed to a committee.
Charter Amendment Ballot Language (C)
On Tuesday, May 2, 2023, the City of Dexter received from a group called “Friends of Mill Creek Park” a citizen-initiated petition proposing an amendment to the City of Dexter Charter:
“Section 1.04 MILL CREEK PARK NORTH
THE CITY-OWNED PUBLIC LAND BOUNDED BY ALPINE STREET, MAIN STREET, MILL CREEK, AND THE RAILROAD SHALL BE RETAINED IN PUBLIC OWNERSHIP, IN PERPETUITY, AND SHALL BE SET ASIDE FOR AND DEVOTED TO ACTIVE RECREATION, PASSIVE RECREATION, OR BOTH.”
Per MCL 117.21, the City Clerk has 45 days to certify that the petition forms contain signatures from a minimum of 5% (180) of the 3,599 registered electors within the City of Dexter. As of Friday, June 16th, staff reviewed the petitions and found the forms to contain no less than the minimum number of signatures required. Since the certification of the petitions, staff has notified the Attorney General’s Office of the certification.
Based on staff’s and the City Attorney’s understanding of the process and reading of state election law, citizen-initiated charter amendment petitions may only be placed on the November 5, 2024 General Election ballot.
Regardless of the length of time before the requested charter amendment may be placed on a ballot, staff is continuing to work with the City Attorney to move the process forward. The next step in the process is for City Council to adopt a resolution to approve ballot language. Below is draft ballot language along with a proposed resolution for Council’s review. If Council is comfortable with the language and the resolution, staff will bring the item back for approval at the next City Council meeting.
Proposed Ballot Language
A proposal to amend the Dexter City Charter to insert language related to City-owned land bounded by Alpine Street, Main Street, Mill Creek, and the Railroad
Shall the Dexter City Charter be amended to insert language relating to the City-owned land bounded by Alpine Street, Main Street, Mill Creek, and the railroad to retain the land in public ownership, in perpetuity, and devote the land to active recreation, passive recreation, or both?
[Yes] [No]
Goals for Scio Township Interaction Committee Related to Sloan-Kingsley Property (D)
(my words): Both the City of Dexter and Scio Township have appointed sub-committees to discuss a request for part of the Sloan-Kingsley property to be annexed into the City of Dexter. The sub-committees have been discussing the extent to which such a request helps both municipalities meet its goals. See the packet for additional details.
Residential Chipping Policy (D)
The City’s Department of Public Works staff provides year-round residential limb/brush chipping services. There have recently been some questions from residents regarding what types of properties are eligible for the service, and the quantity of materials that the DPW can be expected to chip, which have been raised that have fallen outside of the scope of the administrative policy. In response, City staff have drafted a formalized chipping policy related to residential wood chipping, which is a service performed by the Department of Public Works. This policy was created to reduce confusion related to properties owned and maintained by homeowner associations. The policy also clarifies that wood chipping is a service that is only available to residential units, not commercial entities. Commercial entities do not currently pay for chipping or leaf collection services through the refuse portion of their bi-monthly utility bill.
CLOSED SESSION TO DISCUSS PENDING LITIGATION IN ACCORDANCE WITH MCL 15.268 SEC. 8