February 12, 2024
City of Dexter City Council Meeting
Monday, February 12, 2024 at 7:00 p.m.
3515 Broad Street, Dexter, MI 48130 and via Zoom
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Meeting ID: 827 1693 8464#
Meeting Agenda: https://files.dextermi.gov/City_Council/2024/Agendas/2024-02-12-CC-A.pdf
Meeting Packet: https://files.dextermi.gov/City_Council/2024/Packets/2024-02-12-CC-P.pdf
PRE-ARRANGED PARTICIPATION
Pre-arranged participation will be limited to those who notify the City office before 5:00 p.m. Monday of the week preceding the meeting, stating name, intent and time requirements. (10-minute limit per participant)
Rana Emmons, representing PLSZ LLP, will present the audited financial report for the fiscal year ending June 30, 2023. Per the report (pp. 9-80 of the packet): “Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinions.”
Immediately following the presentation, Council will consider whether to formally accept the audit by taking a vote.
NON-ARRANGED PARTICIPATION
Non-arranged participation will include those in the audience not listed on the agenda that wish to speak. At the Mayor’s discretion, members of the audience may be called on to speak at any time. Those addressing the Council will state their name, and address. This section is limited to 5-minutes per participant or 10-minutes for group representative.
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).
Updates that might be of interest:
Dexter Community Schools Board of Education Expedited Rezoning Request.
On February 1, 2024 the Planning Commission received a letter from the Dexter Community Schools (DCS) Board of Education (BOE)requesting an expedited rezoning of property it owns at 2505 Baker Road. Staff shared the letter with the Planning Commission during its meeting on Monday, February 5th. Staff also provided and reviewed supplemental information with the Planning Commission, including background information and an expedited process and timeline. A copy of the DCS BOE letter accompanies this memorandum, along with a copy of staff’s memo outlining an expedited rezoning process, and email exchange with the Superintendent of DCS, Dr. Timmis. Following staff presentation and Commission discussion, Planning Commission voted (4-2) to initiate an amendment to the Master Plan; thus, the expedited rezoning process has begun. It’s important to keep in mind that just because the expedited rezoning process has begun, it does not mean the rezoning request will be approved.
(my words) Because the letter Council received from the DCS Board of Education is not included in the packet, I have pasted it below:
In 2013, Dexter Community Schools purchased the residential property at 2505 Baker Rd under a Life Lease Agreement with the then owner. The decision to purchase was because of its alignment with Dan Hoey Rd. and proximity to the Creekside Intermediate School and its parking lot. The intention was to eventually create a driveway off of the 3-way intersection at Dan Hoey and Baker Rd. School buses and other school traffic would more freely enter and exit at a controlled intersection versus the left and right hand turns off of Baker Rd. into the various school driveways at Creekside that resulted in poor traffic flow. The school district constructed and paid for the driveway in 2018 when the Washtenaw County Road Commission constructed the roundabout at the intersection.
In the Board’s opinion, the highest and best use of the parcel is residential. The school district would like to sell the house and remainder of the parcel at this time. Because the 2505 Baker Rd. house is adjacent to other residential homes and the school district has no intention of acquiring those houses, returning 2505 Baker Rd. to the tax rolls would provide additional housing in the City and reduce the cost and maintenance burden to the school district. Per Board policy, the District engaged an appraisal of 2505 Baker Rd. The appraiser informed us that the parcel was zoned by the City of Dexter as public facilities, and could not be sold as residential. This house, plus the two houses to the north, 2521 and 2537 Baker Rd., were all zoned residential at the time the school district purchased 2505 Baker Rd. in 2013. The two houses to the north, 2521 and 2537 Baker Rd., both retained their residential zoning while the school property was rezoned.
The process outlined by the City includes petitioning the City Planning Commission and City Council to amend the Master Plan to change the future land use designation of the property (a 4-6 month process), then petition the City Planning Commission and City Council to amend the Zoning Map (another 2-3 month process). Dexter Community Schools requests an expedited rezoning process.
Please proceed with rezoning the property at 2505 Baker Rd. back to its former zoning, to allow this house to be sold as residential. The Dexter Community Schools Board of Education requests the City of Dexter, its Mayor, its Planning Commission, and its City Council expedite this process. The school district is financially harmed each day it is being prevented from selling its real estate and having to pay for utilities and otherwise maintain a residential structure that it is not using. Furthermore, the City of Dexter is forgoing the collection of property taxes on this property.
Thank you for your cooperation in this matter.
Sincerely,
Dexter Community Schools Board of Education
Daniel Alabré, Brian Arnold, Elise Bruderly, Mara Greatorex, Jennifer Kangas, Dick Lundy, Melanie Szawara
Upcoming Public Hearing Regarding Text Amendments to the Zoning Ordinance. The Planning Commission scheduled a public hearing to consider text amendments to Article 12, Development Options and Article 19, PUD Planning and Development Regulations for Planned Unit Development District, for March 4, 2024.
Dexter Bicentennial Event Calendar. Staff has attached the calendar for events planned as a part of the Bicentennial Celebration to this memo. Staff has only included events that are currently expected to take place. More events are expected to be added as we get closer to the celebration. See pp. 104-105 of the packet.
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: $655,379.91
Fiscal Year 2023-24 Budget Amendments
Proposal from Raymer to Perform Preventative Maintenance on High Service Pump and Well #1 for an Amount not to Exceed $30,000
It is the City Utilities Department's goal to perform preventative maintenance on one high service pump and one well each year. Staff has received proposals from Raymer to perform preventative maintenance for one high service pump and Well #1. These maintenance items were included in the FY 2023-24 Budget. Raymer is being recommended because they drilled the wells in both of our wellfields and have completed preventative maintenance work on all the wells over the past several years. They have extensive experience with our wells and with many other municipal systems and have performed all work for the City in a thorough and timely manner and at their quoted price.
Water and Wastewater Chemicals Bid Award
On January 5, 2024, the City issued a bid for water and wastewater treatment chemicals. On the deadline of January 26, 2024, the City received bids from three prospective vendors. Though the City requested 3-year bids, only one bidder provided three-year pricing, and for only one chemical. The City experienced similar results with regard to higher prices and a lack of multi-year bidding during the last two chemical bids. Although vendors were able to offer at minimum one-year pricing during this bidding process, it continues to highlight the uncertainty and instability in the chemical distributor market.
After reviewing the bids, staff recommends the award of the following water and wastewater chemicals:
Bleach, Aquamag Polyphosphate, Orthophosphate, and Hydrofluosilicic Acid to Water Solutions
Sodium bisulfite to Alexander Chemical
BioTech Sludge Hauling Services in an Amount not to Exceed $17,000
On February 1st, utilities staff became aware that the concrete near the Wastewater Treatment Plant’s digester tank was sinking, and black water was leaking through the crack. Upcoming further investigation, staff noticed that the ground near the tank was noticeably wet and that the ground near the tank had black coloration. The area where this issue was noticed is above the location of the digester fill pipe, which is three feet underground.
Staff acted quickly and created a sand barrier around the area to contain any possible leakage. At that point, staff contacted the City’s sludge hauler, BioTech to empty the digesters and transfer around 200,000 gallons from the secondary digester and 50,000 gallons from the primary digester, and transport that material to the Chelsea WWTP for temporary storage. By doing so, the digester pipe will be empty for roughly 10 days, giving staff time to make the anticipated needed repairs to the fill pipe.
Staff received an estimate from BioTech in amount of $16,410.00, which includes the rental of a pump and transportation of the sludge.
Setting a Public Hearing on March 11, 2024 for the Submission of a Grant Application to the MDNR Trust Fund
Enhancements to Mill Creek Park has been a topic of conversation at the Parks and Recreation Commission for a number of years. The project was included in the City’s 2021-2026 Parks and Recreation Master Plan and the City’s annual Capital Improvements Plan. The Commission has been working with SmithGroup to help conceptualize and create a vision for the project.
The project as proposed would seek to make significant upgrades to the Mill Creek Park play area for residents and visitors to the park. The main goal of the enhancements is to provide an improved ADA/universally accessible experience for children of various ages and physical abilities, while maintaining the natural beauty of Mill Creek Park. Some elements to make these improvements include ADA/universally accessible playground equipment, pour-and-play surfacing, a new concrete pathway for easier access to the play area, and other accessibility improvements.
Staff has previously submitted an unsuccessful grant application to the State of Michigan’s SPARK grant program, but continues to seek additional outside funding for this project, due to the project’s scope and cost. At their February meeting, the Parks & Recreation Commission will be reviewing the design to make tweaks prior to proposed public hearing date of March 11th. Attached to this memo is the latest iteration of the playground design, which was utilized to submit for the DNR Spark grant program in 2022 and 2023. The Parks Commission is interested in looking at some possible modifications that were not originally included in the design to improve the competitiveness of the grant application.
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:
Kentwood Place Conceptual PUD (D)
The City Council is scheduled to review and discuss a Planned Unit Development Application for a Conceptual Site Plan Review, submitted by 3165 Baker LLC (i.e., Kent Brown and Pam Byrnes-Brown). The applicants are proposing a 15 dwelling unit residential project consisting of a combination single- family attached and multiple-family dwelling units at 3165 Baker Rd and 8020 Forest St (the subject site), Dexter, MI. The proposed all residential development project would contain four 2.5-story (36 feet tall) buildings, two on each parcel, as follows:
3165 Baker: One duplex (2-dwelling units) building fronting Baker Road, with a 5-dwelling unit building perpendicular behind the duplex.
8020 Forest: One triplex (3-dwelling units) building fronting Forest Street, with a 5-dwelling unit building perpendicular behind the triplex.
A total of 36 on-site parking spaces are proposed.
All proposed PUD projects are required to undergo a conceptual review, first by the Planning Commission, and the by the City Council. The purpose of the conceptual review it to provide an applicant an opportunity to present conceptual plans to the entire Planning Commission and City Council, respectively, and obtain valuable feedback before submitting for preliminary PUD review. No action is taken and comments provided are not binding. At this stage, detailed landscaping, site grading, drainage, and utilities, etc. are not required. Basic question of use, density, design, architecture, integration with existing development in the area, impacts on and the availability of public infrastructure and PUD eligibility are generally discussed.
See pp. 135-212 for additional details, including a summary of the Planning Commission’s discussion of the conceptual PUD. You cal also watch that discussion here: https://youtu.be/Gq90HIN6TxQ?t=740
Award of Public Safety Facilities Construction Manager Contract to Cunningham-Limp (C)
During the May 22, 2023 meeting, City Council reviewed an RFP/RFQ for Public Safety Facilities Construction Manager and approved the document for release. The Construction Manager as Constructor (CMC) is designed to be the City’s partner in the project, assisting with:
Verifying/validating construction program vs. budget
Providing expertise on construction/code requirements
Value engineering
Managing construction with guaranteed maximum price
Through the RFP process, City Council approved the selection of Cunningham-Limp on June 26, 2023 as the development partner to move into the design process with the approval of a nominal fee. Attached to this memo is Cunningham-Limp’s initial response to the City’s Construction Manager RFP.
Over the last two months, staff has been working with City Attorney Munzel to work through a draft contract with Cunningham-Limp. Despite the time that it has taken to come to terms on the contract, Cunningham-Limp has continued to perform construction review and costing for the project on various schemes developed by Partners in Architecture.
Per the draft agreement, the plan going forward will be to finalize the scope of work and move toward permit drawings. Cunningham-Limp will propose a Guaranteed Maximum Price (GMP), to which the City will have 30-days to respond. Cunningham-Limp will assist with project bidding and will present the slate of lowest qualified bidders for the slate of trades and construction services. City Council will approve the lowest qualified trades list, and Cunningham-Limp will enter into contracts with the sub-contractors. Cunningham-Limp will submit pay applications, which will be reviewed by Partners in Architecture and paid by the City. Cunningham-Limp will then pay the sub-contractors directly.
3515 Broad Street PUD Amendment for Public Safety Facilities (C)
The City Council is scheduled to consider the adoption of a Resolution to amend the Gilbert Company, 3515 Broad Street “Old Mill Site” Development Agreement and the approved Final Site Plan. The City Council selected the 3515 Broad Street site as the temporary location for the Dexter Area Fire Department, Station 1 operations, during the demolition of the existing fire station at 8140 Main and the reconstruction of a new fire station at that same location. The City of Dexter City Council is seeking the amendment to allow the following:
A temporary change of use and temporary interior improvements to approximately 1,680 square feet from office and storage for fire station operations, which includes overnight accommodations and kitchen/dayroom facilities, for fire personnel;
The erection of a 1,040 square foot temporary detached fire apparatus building to shelter a fire engine;
The installation of a temporary 1,000-gallon propane tank and associated underground utilities to heat and illuminate the temporary apparatus building; and
The construction an external patio and temporary stair to provide access to the temporary apparatus building, until such time as construction of a new fire station at 8140 Main Street is completed.
The temporary and permanent relocation of the Washtenaw County Sheriff Sub-station operations to 3515 Broad Street does not constitute a major or minor change to the Development Agreement and final site plan for 3515 Broad Street, as those operations are considered office use. The interior improvements associated with the conversion of the temporary fire station to a permanent Sheriff’s sub- station will require the issuance of a zoning compliance permit, by the Zoning Administrator, in accordance with Section 22.04 of the Zoning Ordinance.
Amendment Procedure
A change of use, even one that is temporary constitutes a major change and requires an amendment to the approved final site plan and Development Agreement, in accordance with Section 19.11 of the Zoning Ordinance.
On September 20, 2023 the Planning Commission conducted public hearing to consider the proposed amendment, but postponed action following the hearing.
On October 9, 2023 the City Council voted, 4-2, with one member absent, to exempt the temporary fire station project from the Zoning Ordinance, citing it as primary government function.
Direction Regarding Park Level Bays for the Public Safety Facilities at 8140 Main St. (C)
The purpose of this item is to review the Public Safety Facilities design progress to date, and to seek feedback from City Council regarding 1) the inclusion or exclusion of bays at park level, and 2) overall facility design and costs.
City Council was last updated with costs and plans for the Public Safety Facilities project on December 27th. At that time, the base project included a five bay on Main St. concept with alternatives for two bays at the park level and other features/amenities. At that time, the five bay concept base project construction-only cost estimate was $8,546,342 (excluding the CM fee and other soft costs).
As indicated during that meeting, Partners in Architecture (PIA) and Cunningham-Limp (C-L) have stated that having a single direction on the project scope would assist with reducing redundant work in design development and bidding, and could increase the speed with which they can proceed with the design and construction documents. As previously presented, the two bays at the park level were included in the project as additive alternates at an estimated cost of approximately $1.4M. In an effort to narrow the scope of the project, a concept was proposed to include the park level bays in the base project and reduce the number of bays at Main St. In concept, this layout would create efficiencies in the design and bidding process, while including a piece of the building that would be extremely difficult to introduce/construct at a later date.
PIA developed a concept for a 3 bay on Main St. and two bay at park level layout, which was costed by C-L. The construction-only (excluding CM fee) cost for this concept as provided by C- L is $10,788,130.
At the same time, PIA has been refining the internal design and exterior elevations for the five bay on Main St. concept. On February 5th, PIA presented elevation renderings to Planning Commission, which were generally positively received. C-L also provided updated construction cost estimates for the five bay design with updates for the proposed storm shelter, changes to the façade, and the potentially necessary active vapor mitigation system. The updated construction-only (excluding CM fee) cost for the five bay design is now $9,159,750.
These cost estimates are provided as attachments to this memo.
Other additive alternates that are not included in this number or in the base scope of work to- date includes (Construction Cost Only, No Soft Cost Allocation):
Mezzanine along north wall of apparatus bays a. $44,000
Planted Green Roof Surface ($45,000 of total) & Structural Accommodations for Future Building Use
a. $61,000
3.A. Add Public Elevator Shaft & Stair Addition w/o Elevator (No Elevator Cab/Rail/Etc.)
a. $653,000
3.B. Purchase and Install Elevator Cab/Rail/Etc.b. $175,000
Build-Out Interiors for Park Level Toilets and Lobby
a. $182,500
Park Level App Bays and Stairs (w/ Relocated Hose Tower) - Historical Value from
December
a. $1,436,000Construction & Estimating Contingency a. $400,000
Move Park Level MECH Room to Main Street Level a. Pending
Environmental Due Care Plan - Recommend for City to Hire a. $20,000
Four-Fold Apparatus Bay Doors a. NotinScope
Bicentennial Carnival (D)
Staff met with Mike Prelesnik from Wade Shows on Friday, January 5th, to walk Broad Street between Grand and Forest and determine if the site could host the Bicentennial Carnival. During the walk, Mike indicated that he believes that the carnival would be able to occupy that space, but would need to utilize the three gravel lots on Broad. Mike also mentioned that if WadeShows could also place some attractions such as the Ferris Wheel on Central St, it would allow them to better place attractions. As a part of the new location proposal, Mike provided staff with a draft layout of the ride and attractions, which is attached to this memo. It utilizes both Central Street near Monument Park and Broad between Grand and Forest to accommodate the rides. The new layout also places some of the employee housing in the gravel lot near Forest Lawn Cemetery so that carnival employees are able to easily access their lodging during the day and avoid a longer walk to the main overnight location.
Since that meeting, staff has been investigating locations for the main overnight location that could be utilized from Sunday, June 16th to Sunday, June 23rd. After examining several possible sites and reaching out to property owners, staff is now looking at the City-owned MAV property at the corner of Meadow View and Dexter Ann Arbor Road as a possible site. To accommodate the overnight location at the MAV property, WadeShows would need to hook into nearby hydrant across, either at Meadow View or in front of KinderCare. The area WadeShows would use is highlighted in green, and the hydrants are circled in red. Staff would either implement a mechanism to run the connection across the road or would have to close the road for the week that WadeShows would occupy the MAV property. If the road were to be closed, staff would put up the proper detour signage for residents and businesses to follow.
Since the Mav property is adjacent to residences, staff will work with Mike and WadeShows to avoid any conflicts with residents, such as setting quiet hours and having carnival employees avoid going into the residential area. Staff does not have any initial concerns that this would be an issue.
Staff has received an e-mail from a representative of Erratic Ales expressing concerns about through- traffic and pedestrian access to their business. Staff would post the appropriate road closure signage near Baker Rd., and Broad St. being closed would allow for unrestricted pedestrian access to the intersection of Broad and Grand St. It is likely (and intentional), that the carnival attractions on Broad would attract pedestrians and visitors all the way down the street, including to 8080 Grand.