October 10, 2022
City of Dexter City Council Meeting
Monday, October 10, 2022 @ 7 p.m.
7610 Ann Arbor Street, Dexter, MI 48130 and via Zoom
St. Andrew’s Church Fellowship Hall
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Meeting ID: 886 6221 9627#
Meeting Agenda: https://cms9files1.revize.com/cityofdextermi/City_Council/2022/Agendas/2022-10-10-CC-A.pdf
Meeting Packet: https://cms9files1.revize.com/cityofdextermi/City_Council/2022/Packets/2022-10-10-CC-P.pdf
Please note the change in meeting location above. The 3515 Broad St. meeting space is currently being renovated.
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 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:
Highline Spirits Tasting Room. The Planning Commission conducted a public hearing on Monday, Oct 3, 2022 to consider an Application for Special Land Use, for a tasting room for spirits produced off-site. The applicant is Yellowstone Architecture & Construction. The property owner is Maser Dexter, LLC. Christina Lower is the CEO and Founder of the Highline Spirits Company. Ms. Lower proposes a craft cocktail lounge & tasting room use, along with an outdoor service area at 3126 Broad St, Suite 102 (08-08-06- 210-011). Suite 102 would be renovated for the proposed new business/use. Ms. Lower also states that the distillation of the spirits will occur off-site and food preparation will not occur on-site. The Planning Commission voted unanimously to recommend approval of the special land use request to City Council, subject to a set of conditions (see the packet for details).
Zoning Ordinance Update. The Planning Commission conducted a public hearing on Monday, Oct 3, 2022 to consider an overhaul to the Zoning Ordinance. The Planning Commission then reviewed the changes and final considerations outlined in staff’s September 29, 2022 review (attached), addressing them one at a time, before voting unanimously to recommend approval of the updated Zoning and Subdivision Ordinances to City Council, subject to changes outlined in the packet.
2nd Radar Sign. City staff has placed an order for a second radar sign from Radarsign. The sign is expected to be shipped out in roughly eight weeks. With the addition of the new sign, staff hopes to be able to collect more traffic data and assist in bringing awareness to speeding across the City. The City’s radar sign is currently out on Eastridge in the Westridge subdivision.
Public Meeting for the Fire Station. Staff has reserved the Fellowship Hall at St. Andrew’s Church at 7610 Ann Arbor St. on Thursday, October 13th from 6:00pm to 8:00pm.
Fall Clean Up Day. The Fall Clean Up Day for additional bulk item pick-up will take place on Monday, October 17, 2022.
Following the presentation and any discussion of these reports, Council will consider 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: $227,640.51
Setting Trick-or-Treating Hours – October 31, 2022 from 5:00 – 7:30pm
Appointment of Anna Simmons Oostendorp to the Arts, Culture, and Heritage Committee
Council will consider (i.e., take formal action on; “C”) or discuss (i.e., take no formal action on; “D”) the following business:
Direction Regarding Proposed Dan Hoey Sidewalk Alignment (C)
Road work on Dan Hoey Rd. is proposed to take place in FY 2022-23, starting in June 2023. Included with that proposed work is the addition of sidewalk along Dan Hoey Rd. In preparation for the design of the road project, OHM has provided construction and engineering estimates of four individual segment options along Dan Hoey Road. Staff was also contacted by Craig McCalla with the Dexter Community Schools, and Donald Wesley with Avalon Housing regarding desired sidewalk connections with Hilltop Apartments. During an on- site meeting between staff, OHM, Mr. McCalla and Mr. Wesley, an issue was relayed to staff regarding children crossing Dan Hoey Rd. at unmarked crossing locations in front of Hilltop Apartments. During that meeting, Segment 4 (listed below) was identified as a possible alternative to Segment 1, and a possible solution to the problem identified. During that meeting, Mr. Wesley indicated that there could be possible funding from Avalon to support a road crossing such as Segment 4.
These options are as follows:
Segment 1 – Approximately 500 feet of sidewalk along the south side of Dan Hoey Road from Dongara Drive east to the Hilltop Apartments
a. Construction: $97,000
b. Engineering: $25,000This sidewalk segment connection may be difficult due to the existing rapid flashing beacon (RFB) located at the crosswalk near the Walkabout Creek Apartments, as well as the existing detention basin located within cross proximity to the Dan Hoey Road ROW.
Segment 2 – Approximately 850 feet of sidewalk along the north side of Dan Hoey from the existing sidewalk terminus, north of Dongara Drive, west to Baker Road
a. Construction: $121,000
b. Engineering: $31,000If the City wishes to pursue a sidewalk connection from Dongara Drive, near the Walkabout Creek Apartments, to Baker Road, it is recommended that it be constructed on the north side. The north side provides more space and less grading challenges
Segment 3 – Approximately 750 feet of sidewalk along the south side of Dan Hoey from Hilltop Apartments to East Bishop Road
a. Construction: $110,000
b. Engineering: $28,000This sidewalk segment may be difficult due to the existing trees within the ROW. In order to avoid tree removals for this segment, an easement from MC3 may be necessary for ease of construction.
Segment 4 – A mid-block crossing at Hilltop Apartments
a. Construction: $63,000
b. Engineering: $16,000The Avalon House representative and Dexter Schools superintendent wish to construct a mid-block crossing on Dan Hoey Road near the Avalon House to provide safe access and connectivity for pedestrians and kids to access the nearby schools. It was determined that the best location for a new mid-block crossing would be to connect to the existing Avalon House sidewalk that runs internal to their site. This crossing would include ADA ramps, solar-powered RFBs, advance warning signage, and pavement markings.OHM and City Staff are looking for input from City Council as to which segment(s), if any, Council would like to incorporate into the 2023 Dan Hoey Rd. project.
Second Street Water Main Replacement and Sidewalk Installation Project Final Balancing Change Order for an Amount not to Exceed $97,394.83 (C)
The City’s engineering firm, OHM Advisors has performed final accounting on the Second Street water main and sidewalk project, and has notified City staff that the final balancing change order for the project has come-in at $97,394.83 over the approved contract amount of $728,786.69. OHM has prepared a memo outlining the causes of the overage.
3515 Broad Street Contract Change Order AWP 01R2 with Axiom Construction for an Amount not ot Exceed $15,563.89 (C)
Axiom Construction has submitted a second change order request for the 3515 Broad St. City Hall project. The City did not approve construction contingency as part of this project. As a result, the City is being asked to consider change orders through the project. These adds and deducts are primarily related to the elevator pit designs not meeting the necessary specifications for the elevator manufacturer that was selected by Partners in Architecture.
Preparing for October 13th Public Information Session (D)
Staff has secured the St. Andrew’s Church Fellowship Hall for a City Council Work Session / Public Information Meeting on Thursday, October 13th from 6:00 – 8:00pm. This item is provided to allow City Council the opportunity to discuss the flow of that meeting, presenters, and what material should be provided at the meeting.
Included in the packet are:
The proposed agenda for the October 13, 2022 Work Session Meeting
The purpose of this work session is to discuss the Public Safety Facilities Bond Proposal.
Non-Arranged Participation
Discussion of: Public Safety Facilities Bond Proposal
Non-Arranged Participation
The Public Safety Facilities Informational Flyer
8140 Main St. and MAV site costs and plans provided by Partners in Architecture
General Code, Chapter 20, Article 2 Subdivision Ordinance Update (D)
On October 3, 2022 the Planning Commission conducted a public hearing to consider updates to the City of Dexter Zoning and Subdivision Ordinances. The recommended updates to the Zoning Ordinance are address in the Community Development report and are anticipate to be considered by City Council
at its November 26, 2022 meeting. However, since the Subdivision Ordinance is part of the General Code of Ordinances for the City of Dexter, City Council must, pursuant to the City Charter, hold a public hearing before taking action on the Planning Commission’s recommendation.The Subdivision Ordinance (Chapter 20, Article 2 of the General Code, Divisions 1-7) sets forth the procedures and requirements for platting of subdivisions, in accordance with PA 288 of 1967 (the Subdivision Control Act), as amended. Updates to the Subdivision Ordinance include street design and layout, landscaping and property line for future residential, commercial, and industrial subdivisions. It also proposes reviewing options for new developments, with multiple buildings on large parcels, which are only likely to apply, if the City expands by annexation. The City’s commitment to Complete Streets has been incorporated into the document, as well. See the packet for a summary of the proposed changes. A copy of redline changes to the Subdivision Ordinance and draft Resolution of Adoption is also in the packet.
Process for Obtaining Legal Counsel, In General (D)
Council Member Griffin requested an item related to the process for obtaining legal counsel, in general. Attached to this memo is an e-mail from Council Member Griffin containing her request.
My request
I am seeking clarity on the process for obtaining input from the City Attorney. Prior to last week's meeting, I indicated I was interested in getting input from counsel on a specific topic (council member eligibility) as did at least one other council member. Regarding that topic, the meeting packet stated: "Staff has not consulted with the City Attorney, but can do so, pending direction from a majority vote of City Council." Prior to the meeting, Mr. Breyer indicated via email: "I have asked Scott Munzel to be present for tonight's meeting. He indicated that he plans to Zoom-in." During the meeting, at which Mr. Munzel was, in fact, present (and paid to be so), at least three members of Council expressed interest in getting input from counsel, but Mr. Munzel was not invited to participate in the conversation. Instead, interested parties were encouraged to contact the Michigan Municipal League. Was the expectation that Council would take an official vote to obtain Mr. Munzel's participation in that conversation?
As an aside, in the same packet, for an unrelated staff update, staff wrote: "Floorplans, cost breakdowns and 3D pictures will be made available to Council Members prior to the next City Council meeting. Mr. Breyer would like to run everything past the City Attorney to ensure it is all legal." Notably, Council never took a vote to approve staff's consultation with the City Attorney. In short, is there a policy or procedure for obtaining input from the City Attorney? If so, what is it? Does that policy or procedure differ for questions raised by staff and questions raised by council members? Thinking back on past meetings, I am not able to identify a consistent policy or procedure.
Council Member Eligibility, In General (D)
Per a request from Council member Griffin, an item has been included regarding the general eligibility for City Council.
My request
What are the necessary and sufficient conditions for maintaining eligibility for Council, once elected or appointed to office? Is there any restriction on time spent outside of the City?
Proposed motion: Direct staff to seek input from City Attorney regarding the necessary and sufficient conditions for maintaining eligibility for Council, including whether maintaining a principal residence exemption in the city is a sufficient condition