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.

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

DEXTER DAZE PARK USE/ROAD CLOSURE PERMIT REQUEST (Justin Breyer, Interim City Manager and City Clerk)

The City of Dexter received a Park Use and Road Closure Permit request for the 2021 Dexter Daze Festival from Julie Wilkinson and Tracy Lambert on behalf of the Dexter Daze Committee. The proposed dates for the Dexter Daze Festival are Friday, August 13 – Saturday, August 14. The permit and related documentation were provided as a consideration item for City Council’s February 22nd meeting. During that meeting, City Council posed a number of questions to the Dexter Daze Committee, then voted to postpone the item to provide the applicants time to respond to those questions. Since that meeting, the Dexter Daze Committee has provided supplemental documentation, including:

Dexter Daze Covid Plan 2021

Three (3) Dexter Daze Plans and Risk Assessments

Also attached to this memo are an e-mail, letter, and permit application from the Dexter Daze Committee. 

THE WATERMOO PARK USE/ROAD CLOSURE PERMIT REQUEST (Justin Breyer, Interim City Manager and City Clerk)

The City of Dexter received a Park Use/Road Closure permit request from the Ann Arbor Running Company to host an event called The Watermoo on August 14, 2021. This is a 111-mile bike race that would start and finish in the Industrial Park near Jolly Pumpkin. Only a small portion of the ride would take place in the City, going from the Industrial Park along Dan Hoey to Baker to Shield Rd. The organizers are hoping to have 250 – 500 participants. The Sheriff’s Department and Fire Department have also been in communication with the race organizers to clarify emergency operations questions. The race organizers provided the following responses in blue to questions from the City, DAFD, and Sheriff’s Office about the operations of the race: (see packet) 

GARDEN CLUB PLANT SALE PARK USE/ROAD CLOSURE PERMIT REQUEST (Justin Breyer, Interim City Manager and City Clerk)

The City of Dexter received a Park Use/Road Closure permit request from the Dexter Garden Club regarding the annual Dexter Garden Club Plant Sale. The Garden Club is proposing the event for Saturday, May 15, 2021 from 7am – 4pm. The event would involve the use of Monument Park, the Monument Park Gazebo, and the closure of Central Street. Cynthia Sedlak, Dexter Garden Club representative has provided a memo and map of the park outlining the steps that the group would be taking to modify their event in response to the Covid pandemic. In brief, these proposed modifications include: spacing their sales tables throughout the park; having plexiglass shields at each table; requiring masks to enter the sale; and requiring one-way traffic through the park. They have indicated that they are modeling their traffic flow pattern after the Farmers Market. 

RECOMMENDATION FROM THE PLANNING COMMISSION REGARDING OUTDOOR SERVICE AREA TEXT AMENDMENTS TO THE ZONING ORDINANCE (Michelle Aniol, Community Development Manager)

The proposed amendments establish three new categories of accessory outdoor service retail uses, which would include outdoor service areas, temporary outdoor display areas and permanent outdoor display areas. There are also minor amendments to open-air businesses and automotive or vehicle dealerships. Due to the quantity of pages, redlines of the amended articles are provided separately from City Council's agenda packet.

DECLARATION OF STATE OF EMERGENCY PROCESS (Justin Breyer, Interim City Manager and City Clerk) 

During prior discussion, some members of City Council have expressed an interest in exploring options to extend the City’s ability to hold remote meetings. As previously indicated, one option is provided through a recent update to the State’s Open Meetings Act. Staff spoke with City Attorney Scott Munzel about this topic, and he has provided written communication outlining options for the process for declaring a “Local State of Emergency” in accordance with State Law and the City’s Charter. City Attorney Munzel’s memo is provided as an attachment. (see packet)

PAPER OF RECORD (Justin Breyer, Interim City Manager and City Clerk)

During the March 8, 2021 meeting, City Council discussed the qualifications for a newspaper to be a “paper of record.” Following that discussion, staff sought an opinion from City Attorney Scott Munzel. A copy of Mr. Munzel’s written opinion is attached to this memo. In summary, Mr. Munzel concludes that The Sun Times appears to qualify under State of Michigan regulations as a “newspaper” capable of serving as the City’s “paper of record.” City Council is asked to consider using The Sun Times for the Paper of Record for publishing public information items. 

CLOSED SESSION TO DISCUSS PENDING LITIGATION IN ACCORDANCE WITH MCL 15.268 Sec. 8A 

Closed Session opportunity is provided for City Council to meet with the attorneys representing the City of Dexter for the NPDES/TMDL permit. The City of Dexter, along with the City of Ann Arbor, City of Chelsea and Loch Alpine Sewer Authority have been engaged in a contested case with the State of Michigan over phosphorous discharge levels from wastewater treatment plants for the past 18 years. As a result of the litigation, the State agreed to create a new TMDL (total maximum daily load) for phosphorus which will be used to set new phosphorous limits. The draft TMDL would lower the amount of phosphorous the WWTP can discharge below the currently contested limits. The City submitted letters outlining our issues with the new proposed limits on October 1, 2019. Negotiations between EGLE and the attorney have been ongoing. Staff met with engineers from F&V to receive input on a proposed settlement agreement. Given the recent completion of the City’s wastewater treatment plant improvements project and updates in this case, staff has invited the City’s attorney from Varnum along with representatives of F&V to come to a closed session to update City Council on Monday, March 8th.

Meeting Agenda: https://www.dextermi.gov/City_Council/2021/Agendas/2021-03-08-CC-A.pdf

Meeting Packet: https://www.dextermi.gov/City_Council/2021/Packets/2021-03-08-CC-P.pdf

Outdoor Service Area Supplement: https://www.dextermi.gov/City_Council/2021/Packets/Supplement_OSA_Items_all_COMBINED.pdf

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