July 10, 2023
City of Dexter City Council Meeting
Monday, July 10, 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/2023-07-10-CC-A.pdf
Meeting Packet: https://files.dextermi.gov/City_Council/2023/Packets/2023-07-10-CC-P.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!
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).
COMMUNICATIONS
See pages 9/10 of the packet for an alternative vision, prepared by a City resident, for the development of the 3045 Broad Street property and nearby DDA-owned parcels. The two-pager begins:
The area on Broad Street between Forest and Grand streets is vitally important for Dexter’s future. Mill Creek Park—South can be Dexter’s gem if developed correctly. In the next two years the Washtenaw County B2B effort to install the Bell Road bridge across Mill Creek Park and the efforts to link our three Metro Parks will create a trail head in Dexter that connects with Chelsea, Pinckney, Scio Township, Waterloo Recreation Area and the Brighton Recreation Area. Dexter will be the recreational hub in western Washtenaw County. Last year the B2B trail brought 400,000 visitors to Dexter. That number could easily double in 2 years. We need plans that align with these efforts. Developing an area that implements our vision of retail, residential and recreational capacity will power Dexter’s economic future.
STAFF UPDATES
Staff updates that might be of interest:
Superior Self-Storage. CWA and OHM, and the Dexter Area Fire Department (DAFD) completed their reviewed of the preliminary site plan, submitted by Joss Construction, for a self-storage facility at 2558 Bishop Circle East. They have determined the plan does not meet the requirements for preliminary site plan approval and recommended the plans be revised and resubmitted before being considered by the Planning Commission. The applicant was presented the option of proceeding with plan, as submitted or revise and resubmit the plan for consideration by the Planning Commission on August 7, 2023. The applicant chose not to proceed with the current plan and requested a pre-application meeting, prior to submitting a formal site plan and special land use review application. The pre-application meeting is scheduled for July 10, 2023, at 6 pm, before the Council meeting. The pre-app committee includes the Mayor, Council members Schlaff and Hubbard, Planning Commissioners Carty and Roberts, staff, the Superintendent of Public Services, CWA, OHM, and DAFD.
3045 Broad Street Redevelopment Project – Common Sail submitted it’s application for a RAP Grant to MEDC on Friday, June 30th. While we wait to hear if the application will make it to the next stage in the review/approval process, Common Sail intends to prepared and submit an MEDC CRP Pre-Application. Common Sail has instructed its Environmental consultant to prepare the EGLE Grant/Loan application,on behalf of the City. The 3045 Broad Street Sub-Committee needs to with Eric Helzer, the DDA’s redevelopment consultant to learn more about the EGLE grant/loan. Common Sail appears to be on the path to complete due diligence activities, including Phase II Environmental Site Investigation & Reports, BEA and Due Care Plan in the next 3 weeks. Once the Phase II Site Investigation/Reports, BEA and Due Care Plan are drafted, Common Sail will be able to update its Brownfield TIF projections and present them to the 3045 Broad Street Committee and Mr. Helzer for review and discussion.
Proposed Development/Redevelopment Projects.
(i) The new webpage for Proposed Development/Redevelopment Projects is up and running. Please check it out and let staff know what you think.
https://dextermi.gov/government/departments_and_services/proposed_development_projects.php
(ii) Staff anticipates receiving an Application for Preliminary PUD Site Plan Review for The Pelham and Mill Creek Flats Projects, for consideration by the Planning Commission at its August 7th meeting. At the Preliminary PUD stage, the Planning Commission conducts a public hearing.
Public Safety Facilities. The Public Safety Facilities User Group met on Wednesday, July 5, 2023. Documents from this meeting are attached to this report. During the meeting, the group:
Provided an update for Cunningham-Limp, including work-to-date and current architectural renderings.
Discussed temporary facility options for fire operations.
A decision on the location of the temporary fire station must be made, as soon as possible, if the we are to maintain ground breaking for new/renovated fire station next spring.
8140 Main St, current fire station.
This option would keep DAFD at 8140 Main St. while construction takes place. There are challenges with this option, as there is significant potential for the disruption of fire operations and an increase in the construction timeline.
3515 Broad St, city offices.
Initially, it was envisioned that fire personnel and fire service office operations could use the 3rd part of the building, which would require remodeling of one of the bathrooms to include a shower and remodeling of the breakroom for an office area, eat-in kitchen and sleeping quarters. The barn was envisioned to be used (with some remodeling) to store the fire engine and pick-up truck. Unfortunately, there is not sufficient on-site circulation for the fire truck and the barn cannot be remodeled to accommodate the fire truck, but it can be for the pickup truck. The fire engine would have to be stored outdoors near the loading area at the far west end of the building, and would require the erection of a temporary structure to secure and protect the fire engine.
Chief Armstrong offered an alternative option; DAFD could use the 3rd part of 3515 Broad for daytime station operations only and at night, the fire engine and personnel would use one of the fire stations in Dexter or Webster Township. This alternative option will require evening fire services for the city to come from the Township.
This option would not require remodeling for shower facilities or overnight accommodations. However, remodeling of the breakroom would still be required for office and eat-in kitchen areas. For the barn, an overhead door would need to be installed to provide drive-through access to Huron St for the pickup truck and a temporary structure would still need to be erected to protect and secure the fire engine.
The site is zoned PUD for office and storage uses. The PUD would need to be amended to allow fire station use, even if the use is temporary. Amendment of the PUD will require a site plan to be prepared, along with building elevations and floor plans. It will need to be reviewed and recommended by the PC and approved by the City Council. Zoning Compliance and building permits will be required after PUD amendment and site plan approvals.
3600 Central St, DPW offices/yard.
This option envisions the erection of a permanent structure for temporary use by DAFD and permanent use by DPW, afterwards. This option would require the construction/erection of a 30’ x 60’ pole with office, bathroom, and kitchen/breakroom areas to serve the needs of both DAFD (temporarily) and DPW (permanently). Temporary sleeping quarters area for DAFD would also be needed, but they would be dismantled since they are not needed for the DPW.
There are public water, sanitary sewer and storm sewer crisscrossing the site. The development of a complete site plan, including building elevations and floor plans will be required for review by the PC and approval by City Council. Additionally, the site was conditionally rezoned to C-1 in 2006, but only for DPW facility and Salt Storage. Under this option, the site will need to be rezoned to eliminate the conditional rezoning and designate the site I-1, Limited Industrial.
Reviewed updated building layout sketches provided by David Gassen.
Dan Hoey and Lexington Resurfacing Work. Staff participated in a project update meeting for the Dan Hoey and Lexington Road resurfacing project on Wednesday, July 5th. The contractor indicated that they anticipate the heavy construction work on these roads to begin on July 17th. At this time, Lexington will be closed to thru traffic, and Dan Hoey will be reduced to one-way traffic from west to east.
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: $660,252.98
FY 2023-24 WAVE Contract
Provided for City Council’s consideration are the City’s annual contracts with the Western Washtenaw Area Value Express (WAVE) for Door-to-Door and Inter-Urban Express Connector Bus services. The current proposed contract runs through June 30, 2024. The contract amounts are proposed to increase from $34,450 for each service ($68,900 total) in FY 2022-23 to $42,800 for each service ($85,600 total) in FY 2023- 24. This increase was included in the approved FY 2023-24 budget.
Tertiary Feed Pump from DuBois-Cooper for an Amount not to Exceed $24,810
As a part of the headworks and tertiary treatment upgrades at the Wastewater Treatment Plant (WWTP) two new submersible pumps were installed to pump water through the tertiary filters. Due to the delicate nature of this treatment process the submersible pumps needed to meet a low shear rating limiting selection to two manufacturers: Hayward Gordan and Hidrostal. Hayward Gordan pumps were selected and installed during the project.
The Hayward Gordan pumps functioned as needed but have failed to meet the expectations of durability. Staff expects submersible pumps to last 10 to 15 years before needing to be rebuilt, and then last another 7 to 10 years after. Under the two-year warranty provided by the improvement project both pumps have had multiple repairs. Both Hayward Gordan pumps need repair again to ensure continued reliability. Pump #1 has a bearing failure, reducing its performance and pump #2 is operating with a seal failure. Rebuilding of one Hayward Gordan pump was estimated at a cost of $9,281.58 in July of 2022 and a replacement cost of $31,000.
Utilities Staff recommends purchasing one Hidrostal pump to replace tertiary pump #1. Hidrostal has visited the WWTP, evaluated the tertiary system and confirmed that they can provide a direct replacement for the existing pumps at a cost of $24,810 each.
Amendment to Donation Policy
At their May and June meetings, the Parks & Recreation Commission reviewed the donation policy that was adopted by City Council in 2017. Parks & Recreation wanted to revise the donation policy to help streamline the donations process for parks-related items, which are the most common donations requests that the City receives. After incorporating feedback from the May meeting, staff presented a revised copy in June, which the Parks & Recreation Commission voted to recommend to City Council.
During their review, Parks & Rec mainly focused on “Acknowledgment of Donations” and “Gifts for Parks” Program. The main recommendations offered by Parks & Rec are as follows:
Removal of the “Acknowledgement of Donations” section to eliminate the overly-broad requirements and unnecessary “perks” such as social media shout-outs, etc.
Implemented a more detailed “Gifts for Parks” Program section that includes the following:
Relevant requirements such as plaque size and a simplified “tier” system, which includes a certificate for donations that are $1,000+ and plaques for donations that are $5,000+, that was originally under the “Acknowledgement of Donations” section
Clarifying language that was not originally included in adopted policy
A specific bench/picnic table portion to streamline donations that follow under those two donation types
Acceptance of Bench Donation from Janice Weber
Janice Weber reached out to City staff regarding interest in donating a bench along the Mill Creek Trail near Forest Lawn Cemetery in honor of late friends who were members of the Dexter Community. The plan would be to install the bench to immediately abut the paved pathway of the Mill Creek Trail near the overlook in Forest Lawn Cemetery. Staff has confirmed that this location would be on City property and not the cemetery’s property and that the topography would be appropriate for the bench installation.
The donation would be for the bench and the associated concrete/limestone and the 3”x5” plaque, with the City covering the cost of the installation. The estimated cost would be around $4,500.
At their February meeting, the Parks & Recreation Commission voted unanimously to recommend the bench donation to City Council.
Setting a Public Hearing on August 14, 2023 to Consider a Franchise Agreement with DirecTV
In 2006 the State Legislature passed the Uniform Video Service Local Franchise Act, which standardized telecommunications franchises in the State of Michigan. The Village adopted a franchise agreement with AT&T under this Act in February 2014. This franchise was transferred statewide from AT&T Michigan to DirecTV, LLC in 2021. This franchise covers U-verse TV and other services formerly under the AT&T banner.
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.
Purchase of Split-Unit System for 8140 Main St.
An item has been included on the July 10, 2023 City Council agenda to purchase a replacement air conditioning unit for 8140 Main St., following the failure of the unit servicing the second story of the building. After conversations between Chief Armstrong, the DPW, and Partners in Architecture, staff is working with PIA to identify and purchase a mini split unit for the second level of 8140 Main Street. The intent is to select a unit that can be installed immediately, de-installed, then reutilized as a part of the upcoming construction on 8140 Main Street. In the meantime, the DPW has purchased and installed a floor unit air conditioner to provide cool air for the second story dormitories.
Due to the hot weather that this summer has been offering, there is some urgency in making the purchase. As of the release of the packet, the information for the air conditioning unit has yet to be provided. Staff anticipates that this information will be included in the supplemental report.
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:
FY 2023-24 Fee Schedule Resolution (C)
Provided for City Council is the proposed annual update to the Fee Schedule, which was last adopted by City Council on June 27, 2022. The attached proposed Fee Schedule for FY 2023-2024 contains a few suggested changes. Deletions are noted via red strikethrough, and additions are green and noted next to the strikethroughs. Changes to the Fee Schedule include:
Updated 2023-2024 water and sewer ordinance charges
Shared refuse container service costs have been increased by 4% to account for the increase in costs associated with the new Waste Management contract. Residential refuse increased to $28.50 per month in accordance with the adopted ordinance.
City Council considered this item at the June 26, 2023 meeting, and voted to postpone action until staff could reconcile the fee rates with published permit application forms. Staff has reviewed the published permit applications and noted several discrepancies between the fees stated on the permits and the fees required by the resolution. Staff intends to reimburse applicants that overpaid for permit fees.
Chuckwagon BBQ, LLC Lease Ordinance (C)
On June 26, 2023 City Council conducted a public hearing for the purpose of considering an Ordinance to Lease Property, located at 8050 Main Street to Melissa McClure, Agent for Chuckwagon BBQ, LLC, for a Period of Two Years.
Following the public hearing, Council postponed action in order for the City Attorney to review the lease. City Attorney, Scott Munzel has reviewed the lease and verified the lease will be with Chuckwagon BBQ, LLC. He also made some additional edits to clarify purposes, uses, and warranties; rent terms and amounts; condition of premises and improvements; maintenance and repairs; compliance with authorities; insurance and public liability; renewal; re-renting; holding over; damage or destruction; quiet- enjoyment; and no option to buy. He also added an item dealing with Early Termination.
The draft Ordinance has been revised to reflect the City Attorney’s recommendations. As such, the draft Ordinance lease dates will be April 10, 2023 through March 31, 2025. The draft Ordinance maintains a monthly rental rate of $700.00, from April 10, 2023 through the November 30, 2023, for a total amount of $5,600.00. Beginning December 1, 2023 and continuing through and until the lease expires on March 31, 2025, the rental rate shall increase to $725.00, for a total amount of $11,6.00. Redline and clean versions of the revised draft Ordinance Leasing Property Located at 8050 Main Street and Commercial Real Estate Lease for 8050 Main Street accompany this memo, for your review and consideration.
(my words): The City began leasing this property to Hotel Hickman in November 2012 at the rate of $625/month. In today’s dollars, per the Consumer Price Index inflation calculator, that equates to $840/month. Per a market assessment conducted for the City in September 2022, typical rents for commercial space are roughly $16 to $22 per sq. ft. per year. The building occupied by Hotel Hickman is approximately 576 sq. ft. At that rate, the market value for rent would fall between $768 to $1056 a month. I have twice motioned to increase the rent to $912/month (the midpoint of the market assessment); however, Council does not support leasing this property for fair-market value.
WAVE Parking Busses on City Property (D)
The Interim Executive Director of WAVE, Marie Gress, has reached out to City staff about parking two 40-foot buses that they recently acquired at/near the wastewater treatment plant (WWTP). WAVE currently refuels buses using gasoline pumps at the WWTP, the cost of which the City passes-through back to WAVE. WAVE has also indicated that due to theft of vehicle parts at their current facility, they want to park the newer buses at more secure locations in the communities they service. WAVE has indicated that with these new buses (which are electric), they would also be interested in installing charging stations for the buses as well as fencing around them.
After internal discussions, City staff believes that the most appropriate location for this parking would be at City-owned property outside of the main gates of the WWTP. The WWTP parcels are zoned I-1, Limited Industrial. The parcel proposed for the bus parking is located at 8258 Huron St. This parcel is currently vacant and is used as a temporary accessory parking/staging area for the WWTP until the space is required for future expansion. Accessory uses, buildings, or structures are permitted as an accessory use in the I-1 District. An off-road parking lot is defined as “A facility providing vehicular parking spaces along with adequate drives and aisles, for maneuvering, so as to provide access for entrance and exit for the parking of more than three (3) vehicles.” The property would continue to be an accessory off-road parking and staging area to the WWTP with the capacity for 3 or more vehicles that WAVE would be authorized by the City to utilize.
Additionally, Level-1, Level-2, and Level-3 electric vehicle charging stations are all permitted in the I-1 district. WAVE would be responsible for submitting the proper zoning compliance applications to the City and obtaining any required building permits from the Washtenaw County Building Department before installation.
If Council is interested in further exploring this option, staff would work with WAVE to draft a memorandum of understanding, and help guide WAVE through the necessary approvals process.
Washtenaw Regional Resource Management Authority (WRRMA) RFP (D)
The City of Dexter is one of eight municipal members of WRRMA, which was formed in September 2019. WRRMA’s primary goal is to reduce recycling contamination in its member communities, providing for improved cost savings and protection of the environment. In order to accomplish this, WRRMA has conducted recycling audits and education campaigns to highlight areas of improvement and provide materials to WRRMA community residents on the benefits of recycling properly.
One project WRRMA is currently undertaking is a potential request for proposal (RFP) that would consolidate the trash, recycling and yard waste services of participating member communities underneath the authority. In doing so, WRRMA would take on the following responsibilities during the process:
WRRMA develops and issues the RFP
WRRMA enters into agreements with the service provider(s) and the participating member communities
WRRMA would be the entity contracted with the service provider(s), no tthe City directly
The City would sign an agreement to pay WRRMA for the City’s portion of services, and in turn, WRRMA would pay the service provider(S)
WRRMA staff would be the point of contact (POC) for residents if an issue were to arise (missed pick-up, questions, etc.)
This item and information were presented to City Council in January 2023, but staff wanted to include it as a discussion item again to get City Council’s direction on whether or not the City is named in the RFP document. Even if the City agrees to be named in the RFP, that does not mean the City is obligated to sign onto a contract if it chooses not to.
Council should be aware that this is not necessarily the final version of the RFP. If Council is interested in participating in the RFP, staff would continue to work with WRRMA staff to further customize the RFP document to ensure that the City is receiving, at a minimum, the same services as are currently being provided.
Additional $60,000 Contribution to Dexter Senior Center (C)
Per Mayor Keough’s memo to Council:
On June 26, 2023, City Council approved our budget for the upcoming Fiscal Year 2023 – 2024. The approved budget included a $45,000 contribution to support the Dexter Senior Center. At the June 26, 2023 meeting, we learned that the City received nearly $300,000 additional funding from the State of Michigan during the fiscal year that ended on June 30, 2023. As I (Mayor Keough) proposed at the end of that meeting, I (Mayor Keough) would like to propose that Council consider an additional $60,000 contribution to the Dexter Senior Center. I (Mayor Keough) am submitting this item for consideration at the July 10th meeting.
The suggested motion would be to contribute an additional $60,000 from the City’s General Fund reserves to the Dexter Senior Center to support their current fiscal operations and activities that support many Dexter area seniors. Thank you for your consideration of this item.
2024 Baker Road Resurfacing Project Design (D)
The City of Dexter was awarded $336,610 in Federal Transportation Improvement Program (TIP) funding for the resurfacing of Baker Road from Main St. to Grand St. Construction on this project is planned to begin in summer 2024. During the June 27, 2022 meeting, City Council approved a scope of services for design work from OHM Advisors for this project. Over the last year, various improvements in this area have been discussed, including parking signage changes, ADA parking spaces, and pedestrian crossings.
OHM has reached 70% design on this project, and staff felt that it would be appropriate to bring the design back to Council for review and feedback. While the design as shown has increased the scope of the project, the TIP funding allows for an 80% federal - 20% local split of participating costs. As included in the design, the only work that is non- participating is the work associated with parking. As estimated, the split is currently $525,000 participating and $55,000 non-participating.
Unfortunately, per TIP regulations, the project cannot be more than 25% over the programmed total project amount when the City submits the final estimate to MDOT. 125% of the $423,000 programmed is $528,000. The $580,000 OHM estimate does include contingency. As of right now, the project is approximately 10% above what the project can be obligated without a TIP amendment.
Petition Ballot Language (D)
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.
The letter accompanying the petition requested placement of a ballot question on the August 8, 2023 election. 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.
