March 11, 2024
City of Dexter City Council Meeting
and Public Hearing
Monday, March 11, 2024 at 7:00 p.m.
3515 Broad Street, Dexter, MI 48130 and via Zoom
Join Meeting via Zoom (in-person attendance also welcome!)
https://us06web.zoom.us/j/82716938464
Dial In 877 853 5247 OR 888 788 0099 US Toll-free
Meeting ID: 827 1693 8464#
Meeting Agenda: https://files.dextermi.gov/City_Council/2024/Agendas/2024-03-11-CC-A.pdf
Meeting Packet: https://files.dextermi.gov/City_Council/2024/Packets/2024-03-11-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)
Ron Miller and JD Boydston, representing Friends of Mill Creek Park, will address Council.
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!
PUBLIC HEARING: Grant Application for Mill Creek Park Playground Project
Action on each public hearing will be taken immediately following the close of the hearing unless otherwise indicated.
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.
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:
Development/Redevelopment Project Updates. The following projects are scheduled to be considered by the Planning Commission, at its April 1st, 2024 meeting:
The owner of the property at 7001 Dexter-Ann Arbor Road, BJ Management, LLC., is proposing to divide the Noble Appliance building into two tenant spaces; one for an indoor kids play zone, and the other for a dance studio. An indoor kids play zone is a commercial indoor recreational use, which is allowed as a special land use by the Dexter Crossing PUD. The dance studio would be a permitted use. Minor exterior improvement to the building is proposed to create two separate entrances for each unit. The application packet has been posted to the City’s Development/Redevelopment Project webpage.
The Final Site Plan and draft Development Agreement for The Pelham Planned Unit Development project was submitted by The Pelham, LLC, for the property at 8180 Main Street. The application packet has been posted to the City’s Development/Redevelopment Project webpage.
A Combined Preliminary and Final Site Plan Application for the Dexter Senior Center, was submitted by AR Brouwer, for the property located at 2740 Baker Road. The plan calls for the construction of a one-story, 9,094 sq. ft., brick building on Unit 2, of the Dexter Town Center Condominium. The proposed building is of similar architectural design as the former Pharmacy building, located on Unit 1, within the condominium. The application packet has been posted to the City’s Development/Redevelopment Project webpage.
Bicentennial Celebration.
Carnival Update. Over the last couple weeks, staff has been working on securing additional places to park for the Bicentennial Carnival since the gravel lots on Broad will be used for rides and attractions. Staff is still waiting to hear from one location, but Dexter Schools has offered up the Creekside and Bates parking lots for parking. Staff intendeds to also reach out to WAVE to inquire on a possible shuttle service for these lots during the carnival.
Staff has also spoken with one of the businesses on Grand Street to answers questions they have had about the carnival. A letter is being drafted to residents/businesses in the area that highlights the timeline for the carnival’s arrival, set-up, operation, and breakdown.
At an upcoming Council meeting, staff will be providing a road closure permit for the carnival and the contract from WadeShows to host the carnival.
Event Schedule. An updated event schedule has been attached to this report. You can also visit https://dexterbicentennial.com/calendar/ to stay up-to-date on events throughout the year.
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: $177,036.48
Resolution Directing the Execution of Contract 24-5011 with MDOT for the Baker Road Resurfacing Project
The City of Dexter was awarded a Federal Transportation Improvement Program (TIP) grant through WATS for the resurfacing of Baker Road from Main St. to Grand St. The total City award estimate was $363,109, however MDOT will cover 68.65% of Part A (grant eligible) expenditures. Most of the project’s expenditures are eligible under Part A.
Due to the project’s participation in the TIP program, the project was required to be bid through MDOT’s bid letting process. On Friday, February 23rd, staff was notified that MDOT released the Baker Road Resurfacing project for bids, and staff received copies of the MDOT contract for this project. Bids were opened on Tuesday, March 5th, and the as-read low bidder was Cadillac Asphalt. Cadillac’s as-read bid was $588,800 (approximately 9.39% under the engineer’s estimate).
MDOT requires a resolution of the City’s governing body in order to execute the contract with MDOT and accept the bid award. City Council has adopted similar contracts for the 3rd and Broad resurfacing, Mill Creek Trail Phase 2, and Central St. resurfacing projects.
Construction on this project is planned to take place this summer.
Establishing the Downtown Development Authority (DDA) Development Area Citizens Council and Appointing Membership
According to the PA 57 of 2018, the Recodified Tax Increment Financing Act (the Act), as amended, a DDA Development Area Citizens Council (DACC) is required whenever there are 100 or more residents residing within the DDA Development Area boundaries. The Development Area is the yellow-green colored area depicted on the DDA District Map, which accompanies this memorandum. The DACC must be established by the City Council and consist of not less than 9 members, who must reside within the development area and be at least 18 years of age. Appointments to the DACC must be approved by the City Council.
The DACC acts in an advisory capacity to the DDA Board and the City Council in the adoption of the DDA’s development and tax increment financing (TIF) plans, which contemplate future public improvement projects within the DDA District, such as street, parking, sidewalk, park, trail and landscaping improvements; as well as, land acquisition and marketing efforts to promote the district. The DDA must consult with and advise the DACC regarding aspects of a development plan and must continue throughout the preparation and implementation of the development or TIF plan. Meetings of the DACC are public meetings and must be properly noticed and conducted, per the Act.
The City has had difficulty in recruiting nine members to establish the DACC board, but we have been able to recruit five eligible residents. According to the Act, failure of a DACC to organize or to consult with and be advised by the DDA, or failure to advise the City Council, shall not preclude the adoption of a development plan by a municipality.
Therefore, Mayor Keough would like to recommend the following appointments to the DDA Development Area Citizens Council: Jim Chesney, Chet Hill, David Werner, Gay MacGregor, and Gerry Spencer.
Proposal from Carlisle-Wortman Associates for an Amendment to the City’s Master Plan for an Amount not to Exceed $45,000
As the City Council is aware, MSHDA has awarded the City a $50,000 Housing Readiness grant, to facilitate an amendment to the Master Plan that will:
1) continue to increase housing;
2) understand housing needs;
3) evaluate lessons learned following implementation of the new zoning ordinance; and
4) redefine policies regarding municipal services extensions.
The Scope of Work for the amendment to the Master plan was outlined in the CWA proposal, dated January 5, 2024, which was included in Staff’s Report to the City Council on January 8, 2023. CWA has prepared a work plan and schedule.
The Planning Commission reviewed and discussed the Scope of Work and Work Plan, during its meeting on March 4, 2024 and expressed an eagerness to work with City Council and the DDA, on this Master Plan amendment, before voting unanimously to recommended approval of the CWA proposal, in an amount not to exceed $45,000, 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:
Public Safety Facilities Direction (C)
During the February 12, 2024 City Council meeting, Council provided Partners in Architecture and Cunningham-Limp direction to provide concepts for public safety facilities that meet the $9.7M budget, excluding work in the ROW and contingencies. As of March 6, 2024, the team provided four new concepts, two concepts with five bays on Main St., and two concepts with park level bays. The concept that is closest to the $9.7M budget is concept No. 1 – five bays on Main St., but concerns were expressed about the depth of bays and number of dorms in that option during the March 6th Public Safety Facilities Committee meeting.
Updated costing information has been provided as attachments to this memo (see beginning page 105 of the packet). The information provided at the February 12th meeting is also attached to this memo. Items noted by PIA, C-L, and DAFD for Council discussion at the March 11th meeting will be the number and depth of bays, number of dorms, façade, and budget.
Text Amendment to the Zoning Ordinance, Section 3.09 Fences in the I-1 and RD Zoning Districts (C)
On January 3, 2024 the Planning Commission conducted a public hearing to consider a text amendment to Article III, General Provisions, Section 3.09(G) fences in the I-1 and RD Zoning Districts. The amendment was initiated after City Council asked the Planning Commission to consider allowing fences on properties in the I-1 and RD zoning districts that have an approved use in any principal building, not just a building with an approved industrial use.
Following staff’s presentation, the public hearing was opened, but no comments were offered. The Planning Commission, then briefly discussed the amendment, before voting unanimously to recommend City Council approve the following text amendments to the Zoning Ordinance (text to be added is underlined; text to be deleted is struck out):
Article III, General Provisions
Section 3.09(G). Fences are permitted in I-1 and R-D Zoning Districts when the following standards are met:
The fence is located in the side or rear yard. Fences are not permitted in the front yard.
Maximum height of six (6) feet. A maximum height of eight (8) feet may be allowed on property with a principal building containing an approved industrial use, and when the fence does not constitute an unreasonable hazard or nuisance.
Text Amendment to the Zoning Ordinance, Article XII, Development Options and Article XIX, PUD Planning and Development Regulations for Planned Unit Development District (C)
On February 5, 2024 the Planning Commission conducted a public hearing to consider a text amendment to Article XII, Development Options and Article XIX, PUD Planning and Development Regulations for Planned Unit Development District of the Zoning Ordinance, as follows.
Amend Article 12, Development Option to correct a citation error and to allow administrative review and approval of condominium documents.
Amend Article XIX, PUD Planning and Development Regulations for Planned Unit Development District, Section 19.05 Application and Processing Procedures for compliance with Section 503(5) of the Michigan Zoning Enabling Act (MZEA), PA 110 of 2006, as amended.
Following staff’s presentation, the public hearing was opened, but no comments were offered. After the public hearing, the Planning Commission briefly discussed the amendment, before voting unanimously to recommend City Council approve the following amendments to the Zoning Ordinance Article XII, Site Condominiums and Article XIX PUD Planning and Development Regulations for Planned Unit Development District, based on the finding that documentation had been provided from city staff that supports the proposed text amendments, in accordance with Section 23.06.A (Text to the added is underlined; text to be deleted is struck out. See beginning page 199 of the packet for proposed amendments.)
Text Amendment to the Zoning Ordinance, Article XXIII, Amendment Procedure, Section 23.01 (C)
On February 5, 2024 the Planning Commission conducted a public hearing to consider a text amendment to Article XXIII, Section 23.01 of the Zoning Ordinance. The amendment would allow staff the ability to initiate amendments to the ordinance. Planning Commission would still hold a public hearing regarding amendments and Council would still take final action, but this change would allow staff to initiate an amendment, when staff recognizes issues with the current ordinance, which would expedite the process. Following staff’s presentation, the public hearing was opened, but no comments were offered.
Following the public hearing, the Planning Commission briefly discussed the amendment, before voting unanimously to recommend City Council approve the following amendments to the Zoning Ordinance Article XXIII, Amendment Procedure, Section 23.01, based on the finding that documentation had been provided from city staff that supports the proposed text amendments, in accordance with Section 23.06.A (text to be added is underlined; strikeout text is to be deleted):
1. Section 23.01 Initiation of Amendments: The City Council may, from time to time, amend, modify, supplement, or revise the zoning district boundaries shown on the Official Zoning Map or the provisions of this Ordinance. Amendments may be initiated by the Zoning Administrator, the City Council, the Planning Commission, or by petition of one or more property owners to be affected by the proposed amendment.
Text Amendment to the Zoning Ordinance, Article II, Definitions and Article XIV, Specific Use Provisions (C)
On February 5, 2024, the Planning Commission conducted a public hearing for the purpose of considering text amendments to Articles 2, Definitions and Article 14, Specific Use Provisions, to define and establish standards to regulate Mechanical Equipment, such as but not limited to heating units, cooling units, air handling units, and stationary emergency and standby power generators. Prior to the public hearing, staff presented the draft amendments. Chair Kowalski opened the public hearing at 7:06 pm, and with no public comments offered, the hearing was closed at 7:07 pm.
Following the public hearing, the Planning Commission discussed the proposed amendments, before voting unanimously to recommend City Council approve the following text amendments, based on the finding that documentation had been provided from city staff that supports the proposed text amendments. See beginning page 223 of the packet.