Dexter City Council Virtual Meeting on Monday, June 14 @ 6p via Zoom.

At the beginning of the meeting, there will be two public hearings. Members of the public are welcome and encouraged to comment on each topic at the beginning of each public hearing.

• Proposed Fiscal Year 2021-2022 Millage Rate and Proposed Fiscal Year 2021-2022 Budget
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• Proposed Water and Sewer Rate Ordinance
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  • These rates are based on a 2019 rate study performed by Baker Tilly, and prior year projections.

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.

Although I typically do not provide information about items on the Consent Agenda (items that are considered “routine” and “that will be acted upon in one motion”), I did want to draw your attention to two road closure/park use permits that are included therein. Council does not discuss these items unless a Council Member requests that a particular item on the Consent Agenda be moved to a different part of the agenda during which discussion is permitted.

• Ann Arbor Velo Club Summer Training Clinic and Races (Justin Breyer, Interim City Manager and City Clerk)
  • A road closure permit request has been submitted by the Ann Arbor Velo Club to host their Summer Training Special bicycle ride and practice race event. Per their permit request, select roads in the Industrial Park would be closed on Sunday, June 20, 2021 from 7:30am – 2:30pm. Staff has directed the Ann Arbor Velo Club representative to give notice to the businesses in the Industrial Park.
• Black Belt Academy Classes Park Use Permit (Justin Breyer, Interim City Manager and City Clerk)
  • Brandon Lockman’s Black Belt Academy, located at 8110 Main St., has submitted a Park Use Permit request, similar to a request made in 2020, to hold classes at Monument Park. This request is being made due to concerns about Covid and the proximity of children in his karate studio. If approved, the Black Belt Academy would hold classes in Monument Park on Mondays, Wednesdays, and Thursdays from 4:30 – 7:15pm; and Saturdays from 9:30am – 12:15pm.

Council will consider and discuss the following (with clarifying excerpts from the packet):

• Resolution to Authorize the Execution of Closing Documentation on the Purchase of 3515 Broad Street and to Designate Signatories (Justin Breyer, Interim City Manager and City Clerk)

• Total Purchase Price + Cost to Renovate = $1,906,000 +$848,000 = $2,754,000

• Staff has created a page on the City’s website tracking the project: https://www.dextermi.gov/government/new_city_offices.php.
• The next step in the acquisition of 3515 Broad Street is to close on the property. During the June 9, 2021 Special Meeting City Council postponed an item to approve a resolution to authorize the execution of the closing documentation. City Council will need to determine the level of funding that it would like to contribute from the General Fund and the bond proceeds. Attached is a Resolution Authorizing the Execution of Closing Documentation on the Purchase of 3515 Broad Street and to Designate Signatories. The attached resolution shows $400,000 to be used from the General Fund and the remaining $1,506,000 from bond proceeds (for a total of $1,906,000). Should the resolution be adopted, staff will proceed with closing on the property, issuing payment, and taking ownership of the property.
• The current bond repayment structure is “wrapped” around the 2006 Capital Improvement Bond. Currently, the City is paying approximately $95,000 per year towards the repayment of the 2006 Bond. The repayment of the 2021 bond adds approximately $80,000 in debt repayment to the City’s General Fund ($36,222.95 in 2022 up to $85,397.25 in 2027); then, when the 2006 Bond repayment ends in 2027-2028, the 2021 Bond repayment inflates to approximately $175,000 per year. By structuring the bonds in this fashion, the City’s General Fund only needs to be able to accommodate an additional $80,000 per year for the life of the Bond. This amount is forecasted to be achievable in the City’s General Fund without increasing the current general operating millage rate. A graph showing the bond repayment schedule is provided below, and the full debt schedule is provided as an attachment to this memo.
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• 3515 Broad Street Next Steps (Justin Breyer, Interim City Manager and City Clerk)
  • If City Council approves New Business Item 3 and directs staff to close on the purchase of 3515 Broad St., staff will see that process through to conclusion as discussed in previous memos in this agenda packet. To continue moving towards occupying the building as a new City Hall, the next step after acquisition will be a construction project to remodel the facility to improve access, correct priority issues identified by Partners in Architecture during their site assessment, and define spaces within the building for use.
• City Council Vacancy (Justin Breyer, Interim City Manager and City Clerk)
  • In order to move forward, City Council will have to work together and as a group decide (by majority vote) on next steps. Based on conversation with the City Attorney, there are a few possible steps forward. In no particular order:
    • City Council can return to the Mayor making nomination(s), one of which the City Council could approve by a majority vote.
    • City Council could, by majority vote, waive or modify all or portions of Rule 17. This could include:
      • City Council determining that it would like to vote on all of the candidates.
      • City Council determining that it would like to restart at step 2 of Rule 17 and re-open the application period until an application is received from someone that a majority could agree to vote to appoint.
    • City Council could, by a majority vote, eliminate Rule 17 and replace it with a new process, including, but not limited to a ranked choice system or run-off system.
    • Other, as decided by a majority vote of City Council.
• Conflict of Interest Ordinance (Justin Breyer, Interim City Manager and City Clerk)
  • During the May 24, 2021 discussion on the draft Conflict of Interest Ordinance, Council Member Griffin indicated that she would provide suggested edits to the Ordinance for the June 14, 2021 meeting. She has provided those draft edits and an accompanying memo, which are attached. If City Council is comfortable with the draft ordinance, or the draft ordinance with edits, then an item will be included on the June 28, 2021 agenda to set a public hearing to consider the ordinance.
  • Definition of Private Gain (Per our City Charter Section 5.06: The use of public office for private gain or the appearance of private gain is prohibited.)
    • Original
      • Private Gain – a direct or indirect financial benefit accruing to the Public Official or the immediate family (spouse, children, or step-children) of the Public Official, which benefit is or could be created or enhanced by the Public Official’s status as a Public Official, and which benefit is not shared with a substantial segment of the public.
    • My revision (new text in bold)
      • Private Gain – a direct or indirect financial benefit accruing to the Public Official; the immediate family (spouse, children, or step-children) of the Public Official; an organization or entity which the Public Official serves as officer, director, trustee, or general partner; or persons with whom the Public Official has or seeks employment or business relations which benefit is or could be created or enhanced by the Public Official’s status as a Public Official, and which benefit is not shared with a substantial segment of City of Dexter residents.
  • Questions I posed to Council in my memo:
    • Are there other relationships involving Private Gain or the appearance of Private Gain that we want to expressly prohibit (e.g., friends, other relatives)?
    • Which of the following behaviors do we want to prohibit in Section 4(1) and (2)? Should the list of prohibited behaviors be consistent throughout?
      • Section 4 originally and currently prohibits the following behaviors: a. and shall not vote on, b. or participate in any deliberations on
      • Section 5(1c)(2c)(3c) also prohibits the following behaviors: a. i) participate during discussion of the matter at any meeting where the matter is considered; b. ii) participate in any other City process where the matter may be considered; c. iii) take any other action that could affect the outcome or process in the decision-making process; and d. iv) shall leave the meeting room until discussion or consideration of the matter is finished.
    • How should direction (regarding conflicts of interest that do not involve Private Gain) be given? By majority vote?
    • Do we need to explicitly mention when/how fines and imprisonment occur (to meet the requirements of our City Charter)?
      • Per the Charter: This ordinance shall include a statement of purpose and shall provide for reasonable public disclosure of finances by officials and staff who provide input into the decision of making significant monetary expenditures, contractor selection and regulatory matters, and insofar as permissible under state law shall provide for fines and imprisonment for violations.
    • I have added reference to MCL 15.341-15.342e, the State of Michigan State Ethics Act.
      • Except as provided in section 2a, a public officer or employee shall not participate in the negotiation or execution of contracts, making of loans, granting of subsidies, fixing of rates, issuance of permits or certificates, or other regulation or supervision relating to a business entity in which the public officer or employee has a financial or personal interest.
        • Given that this prohibition exists in the State Ethics Act, I want to be sure that (1) our conflict of interest ordinance does not imply anything to the contrary and (2) that everyone to whom this Act applies understands what this Act prohibits. Can the City Attorney discuss what sort of relationships between a Public Official and business entity would constitute a financial or personal interest? For example, would the relationships outlined in the Federal Code of Regulations (nonprofit organizations of which the employee is an officer or member, and persons with whom the employee has or seeks employment or business relations) apply here?
• Text Amendment to the Zoning Ordinance for Accessory Dwelling Units (Michelle Aniol, Community Development Manager and Mike Auerbach, Assistant Planner)
  • The text amendment would allow one accessory dwelling unit (ADU) to be permitted on an individual lot with a single-family dwelling as the principal permitted use. The amendment would apply in all zoning districts that permit single-family dwellings as a principal permitted use on individual lots, subject to administrative review and approval by the Zoning Administrator. Additionally, the proposed amendment establishes General Provisions, Eligibility, Permits and Application Requirements, and Development Regulations.
  • Planning Commission recommended approval of the text amendment, but with two modifications, as follows:
    • Change the word “shall” to “may” in Section C.8. The Planning Commission determined that an applicant should have the choice to connect to the water and wastewater utilities of the principal single-family dwelling on the same lot or establish a separate connection to public water and sanitary sewer mains, even if that means an applicant would pay a tap fee.
    • Delete Section B.2.b. The Planning Commission determined permit renewal was unnecessary and that inspection of rentals is arbitrary, since owner-occupied housing is not subject to inspections and the City has not establish a policy for rental inspections.
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• Authorization to Request Consultation Assistance from MIOSHA (Justin Breyer, Interim City Manager and City Clerk)
  • Council Member Michels requested that an item be included on the Monday, June 14, 2021 meeting relating to submitting a request for consultation assistance from MIOSHA for 8140 Main St (the current fire station and sheriff substation).
• Authorization for NFPA 1500 Inspection (Justin Breyer, Interim City Manager and City Clerk)
  • Council Member Michels requested that an item be included on the Monday, June 14, 2021 meeting relating to authorizing an inspection of 8140 Main St. for compliance with NFPA 1500 (Standard on Fire Department Occupational Safety, Health, and Wellness Program).

• Dexter Daze Park Use Permit Request
  • On Thursday, June 10, 2021, Julie Wilkinson and Tracy Lambert of the Dexter Daze Committee submitted a revised Park Use Permit request to hold the Dexter Daze Festival on Friday, August 13 and Saturday, August 14, 2021. A related park use permit request was submitted by the Dexter Area Firefighters Association’s Benjamin Boyce to hold the social tent. The groups have requested that the item be considered by City Council as soon as possible, preferably during the June 14, 2021 meeting due to time constraints with planning the Dexter Daze Festival.

• Dexter Area Firefighters Association Park Use Permit Request
  • See above.

Meeting Agenda: https://www.dextermi.gov/City_Council/2021/Agendas/2021-06-14-CC-A-Upd.pdf

Meeting Packet: https://www.dextermi.gov/City_Council/2021/Packets/2021-06-14-CC-P.pdf

Supplement: https://www.dextermi.gov/City_Council/2021/Packets/2021-06-14-DexterDaze_Packet_Supplement.pdf

Public Hearing Notices:

1. Proposed fiscal year 2021-2022 Millage Rate and the proposed fiscal year 2021-2022 Budget (2021-2022 Budget Report)
2. Proposed water and sewer rate ordinance

Join Zoom Meeting

https://zoom.us/j/95270877747

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Meeting ID: 952 7087 7747#

REMINDER: Video recordings of past Council meetings are now available on the City's website (in addition to the City's YouTube channel): https://www.dextermi.gov/government/cc.php. If there's a particular past discussion you're interested in watching, just let me know and I'll do my best to point you to the relevant excerpt.