June 10, 2024
City of Dexter City Council
Public Hearings and Meeting
Monday, June 10, 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/2024-06-10-CC-A.pdf
Meeting Packet: https://files.dextermi.gov/City_Council/2024/Packets/2024-06-10-CC-P.pdf
Official Public Hearing Notice #1 (Millage Rate and Administrative Fee): https://files.dextermi.gov/Public_Notices/2024/FY_24-25_Public_Hearing_Millage_Rate.pdf
Official Public Hearing Notice #2 (Water, Sewer, and Rubbish Rates): https://files.dextermi.gov/Public_Notices/2024/FY_24-25_Public_Information_on_Rates.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)
None
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 #1: Fiscal Year 2024-2025 Millage Rate and Administration Fee
The City of Dexter creates budgets for the following funds: 101 General Fund, 202 Major Streets, 203 Local Streets, 204 Municipal Streets, 226 Solid Waste Collection Fund, 275 Tree Replacement Fund, 352 Facilities Bond Debt Service Fund, 353 Road Bond Debt Service Fund, 402 Equipment Replacement Fund, 590 Sewer Enterprise Fund, and 591 Water Enterprise Fund.
See the packet (beginning page 11) for a summary of the major items in the current budget drafts using the memos supplied during the budget work sessions. No significant changes have been made to the budget or the following information since the last City Council budget work session.
Per the accompanying resolution, the public safety debt repayment millage rate is proposed to be 1.7560.
PUBLIC HEARING #2: Fiscal Year 2024-2025 Water, Sewer, and Rubbish Ordinance
The City Charter requires that rates for our public utilities be set via ordinance. During the May 13, 2024 meeting, City Council set a public hearing for the June 10, 2024 meeting. As presented below and as published in the public hearing notice, the draft ordinance below includes a 5% increase to water rates and a 7% increase to sewer rates. These rates are based on a rate study performed by Baker Tilly.
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:
Public Input on 3045 Broad Street Redevelopment. The public workshop for the 3045 Broad Street Redevelopment Project area is scheduled for Tuesday, June 11th, at 6:00 pm. The workshop will take place at the Dexter District Library.
See the packet (beginning page 72) for a detailed script of the workshop. Below is an image of the agenda
Per the more detailed script, someone has generated the following priorities and limitations of the project:
PRIORITIES
Mill Creek Park: Does the plan promote and protect Mill Creek Park?
Connections: Does the plan connect pedestrians, cyclists, and vehicles with existing sidewalks, trails, streets, and to important destinations?
Reasonable: Does the plan allow a developer to make use of the DDA-owned property in a way that generates a reasonable return on their investment?
Realistic: Does the plan acknowledge the existing physical limitations (including contamination), opportunities on the site, and the site’s relationship to the surrounding area?
Destination: Does the plan include features that add to Dexter as a destination?
LIMITATIONS
The DDA parcels must be redeveloped. Redevelopment of the entire site as a park is not an option. Creative use of public and private green space is encouraged.
The city-owned parcel is subject to approval by City Council and, if to be sold, must be approved by a vote of city residents.
The areas in red cannot have buildings on them due to overhead wires that cannot be moved.
The area marked in purple cannot has a residential use on it due to a deed restriction placed on that parcel by DTE.
Surface or podium parking (1st floor of a building) are possible. Underground parking north of the overhead power lines is not possible. Underground parking south of the overhead power lines may be possible.
The area in green must be a yard area for the buildings on those parcels.
No building may have a door that directly accesses the park and/or trail.
Notice of Filing Deadline for the Election to be Held of Tuesday, November 5th, 2024 for the City of Dexter
To the qualified electors of the City of Dexter, Washtenaw County, Michigan:
In accordance with City Charter Section 4.10, notice is hereby given that the filing deadline for candidates to be included on the November 5, 2024 General Election Ballot is Tuesday, July 23, 2024 at 4:00pm. The following City offices will be included on the ballot:
THREE (3) CITY COUNCIL MEMBERS The qualifications for these offices are as follows:
(1) A candidate must be a registered elector residing within the boundaries of the City of Dexter for a minimum of one year prior to the date of the Election; and
(2) Submit an Affidavit of Identity in duplicate and City/Township Nonpartisan Nominating Petition(s) bearing the signatures of a minimum of 15 (maximum of 30) qualified electors residing within the boundaries of the City of Dexter.
All petitions and forms may be obtained by appointment at the Dexter City Hall, 3515 Broad St., Dexter, MI 48130; 9:00am to 5:00pm. Requests for appointment or for more information, please contact the Dexter City Clerk at jbreyer@dextermi.gov or (734) 426-8303.
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: $161,871.08
Award of Pavement Crack Seal Services Contract Extension to K & B Asphalt Sealcoating, Inc. for the 2024 Crack Seal Program for an Amount not to Exceed $18,000
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.
In the City’s last bid for pavement crack seal work throughout the City, K & B Asphalt was awarded the contract as the low bidder at $1.20 per pound. K&B has again agreed to hold their prices for the 2024 season. Staff is recommending a contract extension of the work to K&B Asphalt. This work was included in the FY 2024-25 Budget, split between the major and local roads funds.
Award of FY 2024-25 Senior Services from Dexter Senior Center for an Amount not to Exceed $45,000
During FY 2021-22 and FY 22-23, the Senior Center requested an increase in the City’s contribution to $16,560. City Council was receptive to this request, and the $16,500 was included in the City’s General Fund Budget. For 2023-24 fiscal year, the Dexter Senior Center requested an initial $45,000, then a one-time supplemental request of $60,000 for a total of $105,000, which City Council approved. For FY 2024-25, the Senior Center has requested $45,000, which is in-line with their initial requested increase for FY 2023-24.
Per MCL 400.571 – 400.577, it is a lawful expenditure for the City to provide services to persons 60 years or older or to appropriate money to a private organization servicing seniors as long as the arrangement is specified in an agreement. The Dexter Senior Center has provided the attached invoice to serve as the agreement for the current fiscal year.
Resolution to Request Funding Through Transportation Economic Development Fund Category B Program
On an annual basis, the City submits a application to the TEDF-B grant program. This is a State grant program to assist in funding local (non-federal aid eligible) road improvement projects. The grant program has an established set of scoring criteria that awards the use of a “mix of fixes” in proposed projects. The period for applying to the annual MDOT Transportation Economic Development Fund (TEDF)-B grant is open until June 15, 2024. The TEDF-B grant is available for villages and small cities for a maximum grant of $250,000. In order to apply for the TEDF-B program, City Council is required to approve a resolution authorizing the application.
In 2023, City Council adopted a 3-year road asset management plan that was completed by OHM Advisors. With the adoption of the plan, staff utilized the plan to apply for funding toward projects within the outlined plan, with the following items being targeted as a part of the TEDF-B Grand Program:
1.5” Mill & Overlay on Carrington from Lexington Cir to Lexington Cir.
1.5” Mill & Overlay on Preston Cir
1.5” Mill & Overlay on Coventry Cir
1.5” Mill & Overlay on S. Downs Dr
1.5” Mill & Overlay on Wellington
4” Mill & Overlay on Carrington Dr. from Wellington to Lexington
Currently, the proposed total project cost is estimated to be $940,109. Staff is targeting a large road improvement project in summer 2025 with a mix of fixes based on the road improvement program that was developed by staff and OHM Advisors. If the grant is awarded, this would be one aspect of that project.
MLCC Liquor License Resolution for Paint Dexter Plein Air Festival
Attached is the application for a two-day liquor license for the Paint Dexter Plein Air Festival for Friday, August 16th and Saturday, August 17th. This liquor license is designed to allow service for an Artists Wine Reception event Friday and then sale of any remaining wine and beer Saturday.
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:
Application for Preliminary Site Plan and Special Land Use for Superior Spaces Located at 2558 Bishop Circle W. (C)
On March 4, 2024 the Planning Commission continued its consideration of the above referenced Application for Preliminary Site Plan (PSPP23-0002) and Special Land Use (PSLU23-0002) Review for Superior Spaces, submitted by Superior Storage Group, LLC. The revised plans call for the construction of three (3) new, multi-tenant industrial buildings, each with three (3) units, and a self- storage facility that includes an office building and nine (9) 30-foot x 150-foot storage buildings, which would provide 338 self-storage units.
The subject site is located at 2558 Bishop Circle West (08-08-07-125-047) and is comprised of four lots, numbers 9, 10, 11 and 12. The subject site is zoned RD, Research and Development. Self-storage facilities are special land uses in the RD District. Multi-tenant industrial buildings are a permitted in the RD District.
Following presentations by the applicant, CWA, OHM, DAFD and staff, the Planning Commission engaged in a thorough discussion, before voting 5-1 to find the application for a Special Land Use Permit (PSLU23-0002) for Superior Spaces, located at 2558 Bishop Circle West (08-08-07-125-047) (MEETS the standards for special land uses in Sections 8.03, and recommended APPROVAL to City Council, subject to the following conditions:
Waiver of the landscape screening requirement along the rear property line, and
Submittal of a revised preliminary site plan that addresses the concerns cited in the staff, CWA, OHM and DAFD review letters; and the comments by the Planning Commission, but not including rotating the site layout.
Per the City’s Zoning Ordinance:
“This district [the Research and Development District] is intended for research, development, and industrial uses that encourage and promote a healthy, stable local economy. This district is intended for areas with road, transportation, and utility service availability needed by the allowed uses. This district should be located in the City’s industrial park or areas relatively isolated from incompatible uses, such as residential, and to limit impacts on adjacent uses including the generation of noise, glare, odor, dust, vibration, air and water pollutants, fire, explosive and radioactive hazards, and other harmful or noxious matter. Supplemental standards in this district are intended to provide for appropriate facility design in keeping with the character of the district and the City; and to limit impacts on adjacent properties.”
Award of Work to Modify City Hall at 3515 Broad St. for Public Safety Facilities to Cunningham-Limp via amendment to the Cunningham-Limp Construction Manager Contract (C)
Associated design documents: https://files.dextermi.gov/City_Council/2024/Packets/2024-06-10-2024-0513_23-176B%20Dexter%20PSF%20-%20Temp%20FD%20-%20Sheriff_Bidding-Construction%20Dwgs.pdf
Work associated with 3515 Broad St. went to bid on May 15, 2024, and bid responses were due to Cunningham-Limp on May 29, 2024. A pre-bid site walk was held on May 23, 2024. There were 14 bid packages (rental and purchase of apparatus structure treated separately) for various components of the work. Each component received a variable number of bids. The bid tabulations are provided under Cunningham-Limp’s recommended subcontractor list. Not all of the contractors being recommended for award were the low bidders, however Scott Wheeler with Cunningham-Limp has indicated:
“The subcontractors for these packages (Misc Metals / Railing; Paint; Fire Protection; Plumbing) were recommended to date because of their familiarity with the scope and the building itself, availability of labor to meet the schedule and although not necessarily low bidders, still competitive.”
This item is to award the work as proposed to Cunningham-Limp via an amendment to the Construction Manager Contract. Cunningham-Limp will execute contracts with the subcontractors, and the subcontractors will remain subsidiary to Cunningham-Limp.
The construction cost associated with work at 3515 Broad St. (excluding the rental or purchase of the apparatus structure is $372,431. The rental of the apparatus structure is proposed at $187,000 for a 16-month rental. The purchase of the apparatus structure is proposed at $150,000.
City Council will be asked to decide whether to rent or to purchase the apparatus structure. There are pros and cons to each option. If Council decides to rent the structure, the cost could be lessened by a shorter project duration. If Council decides to buy the structure, the structure could potentially be utilized elsewhere (DPW) or sold to another community/fire department for a similar purpose, and some of the costs may be recouped.
CLOSED SESSION TO DISCUSS PENDING LITIGATION IN ACCORDANCE WITH MCL 15.268 SEC. 8(e)
(e) To consult with its attorney regarding trial or settlement strategy in connection with specific pending litigation, but only if an open meeting would have a detrimental financial effect on the litigating or settlement position of the public body.
Council is asked to consider entering closed session for the purposes of discussing pending litigation relating to Dexter Wellness Center Tax Tribunal in accordance with MCL 15.268 Sec. 8(e), allowing the following non-Council Members to remain in attendance: City Manager, Assistant to the City Manager, Treasurer/Finance Director/Assessor, City Attorney, and Recording Secretary.
CLOSED SESSION TO REVIEW INFORMATION OR RECORDS SUBJECT TO ATTORNEY-CLIENT PRIVILEGE IN ACCORDANCE WITH MCL 15.268 SEC. 8(h)
(h) To consider material exempt from discussion or disclosure by state or federal statute.
Council is asked to consider entering into closed session for the purposes of reviewing information or records subject to attorney-client privilege relating to retiree healthcare in accordance with MCL 15.268 Sec. 8(h), allowing the following non-Council Members to remain in attendance: City Manager, City Attorney(s), and Recording Secretary.