October 24, 2022

Written By Brent Griffin

City of Dexter City Council Meeting

Monday, October 24, 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 Agenda: https://cms9files1.revize.com/cityofdextermi/City_Council/2022/Agendas/2022-10-24-CC-A.pdf

Meeting Packet: https://cms9files1.revize.com/cityofdextermi/City_Council/2022/Packets/2022-10-24-CC-P.pdf

Please note the change in meeting location above. The 3515 Broad St. meeting space is currently being renovated.

  • PUBLIC HEARING ABOUT EXTENDING LEASE OF CITY-OWNED PROPERTY (8050 MAIN STREET) TO HOTEL HICKMAN 

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!

Near the beginning of the meeting, during pre-arranged participation, Mayor Keough will make two proclamations: one recognizing outgoing council member Paul Cousins and one recognizing outgoing council member Donna Fisher.

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). 

Staff updates that might be of interest:                       

  • 2022 Tax Collection. 2022 Summer tax bills were mailed on July 1st. If you or someone you know has not received one, please contact the City’s Treasurer/Finance Director/Assessor Marie Sherry by phone (734-580-2231) or email (MSherry@DexterMI.gov).

  • David Zinn Mural. At a previous meeting of the Dexter Arts, Culture & Heritage Committee, the committee voted to recommend a David Zinn Mural be created. After
    discussions, ACH desired that the mural be located either in the Dexter District Library or the Farmers Market Pavilion. Staff wanted to get Council’s feedback on the proposed locations and on the idea of the mural in general. See the packet for the proposal put together by a member of ACH.

  • Leaf Collection. Leaf collection started the week of October 10th. The DPW was able to complete a rotation of the City for those residents that had raked their leaves to the road. Leaf collection will be on-going through December 5th.

  • Mill Creek Park Work Day. The Mill Creek Park Work Day will take place on Saturday, October 22nd from 9am to 1pm in Mill Creek Park. After doing a park walk with Paul Evanoff, it was determined that the main project for the day would be weed control. Everyone is welcome to help!

  • October 13th Public Meeting Link. The link to the video for the October 13th City Council work session and public informational meeting for the public safety facilities ballot proposal is available at: https://www.youtube.com/watch?v=mHxXFhnpHUA&t=10s                                           

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.               

  1. Bills & Payroll in the amount of: $476,107.00

Council will consider (i.e., take formal action on; “C”) or discuss (i.e., take no formal action on; “D”) the following business:     

  • Council Member Eligibility, In General (C)

    • At the October 10, 2022 City Council meeting, City Council approved a motion to postpone New Business Item M-7 - Council Member Eligibility, In General:

    • Motion Griffin; support Michels to postpone this item until the October 24, 2022 meeting pending a cost estimate from the City Attorney to review and provide an opinion on this question.

      Ayes: Griffin, Fisher, Michels, Hubbard, Keough
      Nays: None
      Absent: Cousins, Arab
      Motion carries

    • The motion was to postpone the item to the October 24th meeting to allow staff time to solicit a proposal from City Attorney Scott Munzel. Mr. Munzel indicated that to review the relevant legislation and case law and to provide a written report would take approximately five hours at a cost of $1,050.

    • (my words) After having been contacted by a resident, I am seeking clarity on the following: 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? Is maintaining a principal residence
      exemption in the city a sufficient condition? For example, could a council member maintain a primary residence in the City, travel extensively for work or leisure, and only return to the City for meetings?

  • Reconsideration of Second Street Water Main Replacement and Sidewalk Installation Project Final Balancing Change Order for an Amount not to Exceed $97,394.83 (C)

    • During the October 10th meeting, City Council made the following motions regarding the Second Street water main replacement and sidewalk installation project final balancing change order:

      • Motion Griffin; support Fisher to approve the Second Street water main replacement and sidewalk installation project final balancing change order for an amount not to exceed $97,394.83.
        Ayes: Griffin, Fisher, Keough
        Nays: Michels, Hubbard
        Absent: Cousins, Arab
        Motion carries

      • Motion Griffin; support Fisher to reconsider item M-2, Second Street Water Main Replacement and Sidewalk Installation Project Final Balancing Change Order for an Amount not to Exceed $97,394.83, at the October 24, 2022 meeting.
        Ayes: Fisher, Griffin, Hubbard, Michels, Keough
        Nays: None
        Absent: Cousins, Arab
        Motion carries

    • City Council moved to reconsider the item in the event that the first motion had failed due to a lack of supporting votes. However, based on Section 8.03(a) of the City Charter, the motion passed with a majority vote of those Council Members present.

    • When City Council next revisits the City Council Rules document, Council may want to review the provision that identifies the number of votes needed for a motion to pass and amend it to be consistent with the City Charter.

    • If desired, City Council may choose to remove this item from the October 24, 2022 meeting agenda during Item E – Approval of the Agenda.

  • Acceptance of Fido Fountain Donation as Recommended by the Parks and Recreation Commission (C)

    • Sarah Dombrowski reached out to City staff regarding interest in donating a Fido Fountain in Monument Park in honor of her late uncle who was a longtime Dexter resident and member of the Dexter Lions. The plan would be to install the Fido Fountain in place of the water fountains currently located on the corner of Main and Central St. in Monument Park.

  • Highline Spirits Tasting Room (3126 Broad Street) Special Land Use Approval with Conditions as Recommended by the Planning Commission (C)

    • In a written statement submitted with the application, 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 would occur off-site.

    • Following the public hearing held at its meeting on October 3, 2022, the Planning Commission voted unanimously to recommend approval of the special land use request by City Council subject to a set of conditions outlined in the packet.

  • Highline Spirits Liquor License – Local Government Approval for Off-Premise Tasting Room Liquor License (C)

    • According to the Michigan Liquor Control Commission (MLCC) an off-premises tasting room license is a license that may be held by a Wine Maker, Small Wine Maker, Distiller, Small Distiller, or Brandy Manufacturer licensed at a location that is not on the manufacturer’s licensed manufacturing premises. Under an Off-Premises Tasting Room license, the manufacturer may only sell the spirit, wine, or brandy products it manufactures at its licensed manufacturing premises. A manufacturer may have up to five (5) Off-Premises Tasting Room licenses (or a combination of Off-Premises Tasting Room licenses and Joint Off-Premises Tasting Room licenses) where full drinks may be sold and served for on-premises consumption and unlimited Off-Premises Tasting Room licenses where limited samples only are sold or given away for on-premises consumption. The sale of spirit, wine, or brandy products to consumers for off-premises consumption is also allowed with an Off-Premises Tasting Room license. Prior to the MLCC issuing an off-premises license to Highline Spirits, City Council must grant approval.

  • Setting a Public Hearing for Public Nuisance Ordinance for November 28, 2022 (C)

    • City Council is scheduled to consider setting a public hearing to consider an amendment to the City’s General Code of Ordinances. The proposed amendment is the result of discussions over the summer regarding enforcement of property maintenance, specifically proper lawn care.

    • In Chapter 18, Article II, of the City’s General Code of Ordinances the growth of lawns, noxious weeds or other harmful plants over eight (8) inches in height are defined as public nuisance and blight. That same article also identifies and authorizes an enforcement officer to administer and enforce provisions of the article and issue tickets (i.e., municipal infractions) to violators, establishes provisions for city abatement of public nuisances/blight, and sets forth regulations for assessing property owners for cost incurred by the city.

    • To effect a quicker response and expend less staff time, staff offers the following amendment (see the packet for details) to the General Code, by removing overgrown lawn and noxious weeds from Section 18-31 and add a new Article III, Grass and Weeds, under Chapter 62 Vegetation, to regulate lawn and noxious weeds.

  • Resolution to Amend the City of Dexter Organizational Matters (C)

    • From Mayor Keough: As City Council is aware, Paul Cousins is our current Mayor Pro-Tem. Paul Cousins has not been able to attend Council meetings since the end of July 2022, and it is uncertain when he may be able to return to full in person participation. As I look ahead on our schedule, I am not going to be able to attend the City Council meeting on November 14, 2022. Typically, the Mayor Pro- Tem would chair that meeting in my absence. I asked our City Manager to place this item on our agenda as a consideration item to change the Mayor Pro-Tem for the November 14th meeting. Donna Fisher is the longest tenured City Council member and I have asked her if she would be comfortable acting as chair for the November 14th meeting. She indicated that she would be willing to do so, thus, I am asking City Council to consider changing our Organizational Matters, specifically Mayor Pro-Tem from Paul Cousins to Donna Fisher in preparation for my absence at the November 14th meeting. Thank you.

  • Meeting Reminders in the City’s E-Mail Update (C)

    • (excerpt from my email to City Manager Justin Breyer) Sometime in the past, I suggested that the City's email updates include mention of upcoming Council meetings. I would like to bring that topic back to Council for consideration at our 10/24 meeting.

      In our recent community survey, 68.5% of respondents (N=454) reported learning about news and events in the city via the City's email updates. I would expect this percentage to be high given one of the methods for distributing the survey was the City's email list. Nevertheless, a significant number of people learn about events and happenings in the city via the weekly email update.

      Per our most recent goals and objectives document: "The City commits to providing mechanisms to share information with the public in a wide variety of platforms." Further, a specific stated objective is to "provide an email update at least twice per month." Recent email updates have included mention of the information meeting on the millage and public hearing notices; however, we have not yet adopted the practice of including the mention of all upcoming Council (and perhaps even Planning Commission) meetings with links to the corresponding agendas and packets.

    • In reviewing the request and staff’s process for releasing e-mail updates, staff believes that this request can be accommodated. To provide this information consistently and for streamlining purposes, City staff would recommend modifying the e-mail update template to:

      • 1) Add a standing link to the bottom of our Email Update template to provide readers a quick link to the City Calendar on the City’s website. From the City Calendar page, visitors could then access any meeting that may be of interest to them; or

      • 2) Add two standing links (one for City Council, one for Planning Commission) to the bottom of the E-Mail Update to direct readers to the City Council and Planning Commission “Agendas, Minutes & Packets” pages. Along with the links, staff can add something to the effect of: “City Council meetings typically take place on the second and fourth Mondays of each month at 7:00pm, and Planning Commission typically takes place on the first Monday of each month at 7:00pm. Public meetings are held in person and via the online Zoom Meetings platform.”

  • Creating the Dexter Seniors Authority – Review of Draft Articles of Incorporation (D)

    • From Mayor Keough: As I have been reporting in my recent Mayor Reports, I have been meeting with the Supervisors from Dexter Township and Webster Township and Jim Carson from the Dexter Senior Center Board. Together, we have discussed and developed a draft Articles of Incorporation to set up an Authority under Act 321, Public Acts of 2000 (the “Recreational Authorities Act”). I have attached a copy of the Act as additional information for City Council to review. I feel that our community needs to establish this Authority so that the Dexter Seniors have the ability to generate their own revenue for use in offering programs and to pay for space (i.e. lease, own, etc.). Our partner communities in this effort are Dexter Township and Webster Township. If all Boards feel that this process should continue, we would each need to pass the same documents in order to establish the Authority. At this time, the two Supervisors are sharing these same Articles with their Boards for comment. I look forward to Council feedback on this item in hopes that we can keep this moving forward. Thank you.

Brent Griffin
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