THE CITY OF DEXTER CITY COUNCIL MEETING MONDAY, OCTOBER 9, 2017
A. CALL TO ORDER, PLEDGE OF ALLEGIANCE
The meeting was called to order at 7:30 PM by Mayor Keough at the Dexter Senior Center located at 7720 Ann Arbor Street in Dexter, Michigan.
B. ROLL CALL: Mayor Keough J. Carson D. Fisher J. Knight Z. Michels J. Smith R. Tell
Also present: Courtney Nicholls, City Manager; Michelle Aniol, Community Development Manager; Dan Schlaff, Public Services Superintendent; Justin Breyer, Assistant to the City Manager/Clerk; Carol Jones, Recording Secretary; Patrick Droze, Orchard, Hiltz & McCliment (OHM); residents and media.
C. APPROVAL OF THE MINUTES
1. Regular City Council Meeting – September 25, 2017
Motion Smith; support Fisher to approve the minutes of the September 25, 2017 Regular City Council Meeting with the following correction: • Page 3, Mayor’s Report, change draft or to draft of
Unanimous voice vote approval.
D. PRE-ARRANGED PARTICIPATION
E. APPROVAL OF THE AGENDA
Motion Tell; support Smith to approve the agenda with the following additions: ▪ An updated sheet for Bills & Payroll. ▪ Additional information for the City Manager’s Report – Forest Street and Baker Intersection. ▪ Additional information for L-3 – Photometrics for Dan Hoey/Baker Roundabout. ▪ Additional information for L-6 – Mill Creek Park Phase II ▪ Add New Business Item L-9 – Painting of 8050 Main Street.
Unanimous voice vote approval.
F. PUBLIC HEARINGS
Page 1 of 246 None
G. NON-ARRANGED PARTICIPATION
Five Boy Scouts and two leaders from Troop 448 introduced themselves. The boys are working on their Citizen in the Community Merit Badges.
H. COMMUNICATIONS:
1. Upcoming Meeting List 2. Sign Calendar
I. REPORTS
1. Washtenaw County Sheriff – Sgt. Geoff Fox
No Report
2. Public Services Superintendent – Dan Schlaff
Mr. Schlaff submits his written report as per packet. Mr. Schlaff gave the following updates: • The new leaf collector machine was used for leaf pickup last week and today. It is much faster, safer, and holds more leaves before needing to be dumped. • Hydrant flushing started last week. • We did receive the clarifier drives and are now waiting for installation.
2. Community Development Manager – Michelle Aniol
Ms. Aniol submits her written report as per packet. Ms. Aniol gave the following updates: • I have provided additional material on the Master Plan Online Survey and a draft agenda for the Consensus Building Session on November 16, 2017. • A ticket was issued for an overgrown lawn and weeds at 3455 Inverness.
3. Board, Commission & Other Reports
No Reports
4. Subcommittee Reports
No Reports
5. City Manager Report – Courtney Nicholls
Ms. Nicholls submits her written report as per packet. Ms. Nicholls gave the following updates:
Page 2 of 246 • The City has received an annexation request from the Dexter Community Schools about property along Shield Road and park land along Mill Creek. This will come before Council at the next meeting. • The Main Street signal study was not completed in time for this meeting and will be presented at the next meeting. • Mr. Droze reported that work will be done on the Hudson Street mailboxes. • Council Member Smith commented on the two parking spaces at the corner of Forest Street and Baker Road and the issue of visibility. Discussion followed and Mr. Smith was asked to prepare something for the next meeting on this issue.
6. Mayor’s Report – Shawn Keough Mr. Keough submits his written report as per packet. Mr. Keough gave the following updates: • There is a change on the Consent Agenda as Ms. Adair has declined a position on the Arts, Culture and Heritage Committee. • The October 4, 2017 Court of Appeals was very disappointing. I felt that one of the judges was not prepared to listen to the appeal. Scott Munzel did a good job with his presentation. • Thank you to all who showed up for the Mill Creek Park Cleanup Day. • I received a call from Jim Haeussler regarding the recent reports on water and sewer capacity in the City. He plans to submit a letter with questions and has also met with Scio Township.
J. CONSENT AGENDA
1. Consideration of: Bills and Payroll in the amount of $235,959.90
2. Consideration of: Road Closure for the Holiday Hustle on December 9, 2017 Central Street from noon to 7 PM. Race Route (see attached map) from 3:45 PM to 6 PM as needed.
3. Consideration of: Appointment of Scott Bell to the Planning Commission
Motion Fisher; support Smith to approve items 1, 2 and 3 of the Consent Agenda.
Unanimous voice vote approval.
K. OLD BUSINESS-Consideration and Discussion of:
None
L. NEW BUSINESS-Consideration and Discussion of:
1. Consideration of: 2830 Baker Road Landscaping Modification
Page 3 of 246 Motion Carson; support Smith to reinstate the originally approved landscape plan for 2830 Baker Road.
Ayes: Fisher, Carson, Tell and Keough Nays: Smith, Knight and Michels Motion carries 4 to 3
2. Discussion of: Wastewater Treatment Plant Improvements
Ms. Nicholls gave a report on the updated design scope form F&V for the headworks/tertiary treatment project. Mr. Schlaff reported on visiting the City of Sturgis who had used F&V for their recent headworks project. Discussion followed.
3. Consideration of: Photometrics for Dan Hoey/Baker Roundabout
Motion Smith; support Fisher to instruct staff to use the cobra head style lights with acorn style luminaire for the Dan Hoey/Baker Roundabout and request that the Washtenaw County Road Commission do the same on the Baker/Shield Roundabout.
Ayes: Tell, Michels, Knight, Carson, Smith, Fisher and Keough Nays: None Motion carries
4. Consideration of: Purchase of New Filter for the Water Treatment Plant from AOP for an Amount Not To Exceed $115,000
Motion Michels, support Knight to approve the quote from AOP for the purchase of a new filter for the Water Treatment Plant in an amount not to exceed $115,000.
Ayes: Knight, Fisher, Smith, Carson, Tell, Michels and Keough Nays: None Motion carries
5. Consideration of: Purchase of Sampler for the Wastewater Treatment Plant from Hach for an Amount Not To Exceed $7,800
Motion Fisher; support Smith to approve the quote from Hack for a Sampler for the Wastewater Treatment Plant in an amount not to exceed $7,800.
Ayes: Carson, Knight, Tell, Michels, Fisher, Smith and Keough Nays: None Motion carries
6. Discussion of: Mill Creek Park Phase II
Mr. Breyer presented an updated version of the Mill Creek Park Project – Phase II the costs involved with the project; and grant resources available through the TAP Grant, MDNR Trust Fund, and Washtenaw County Connecting Communities
Page 4 of 246 Program. The project is contingent on funding from all three of these sources. Discussion followed.
7. Consideration of: Parks & Recreation Commission Recommendation to install Wader Wash Stations
Motion Smith; support Fisher to approve the installation of wader wash stations in Mill Creek Park North and South with the following conditions: • That the shorter version of the wader wash station be installed in Mill Creek Park North and South; • That the stations be installed near the Grand Street parking area and the Mill Creek Park North parking area; and • That the wader wash stations be installed and maintained by Trout Unlimited.
Ayes: Knight, Fisher, Tell, Michels, Smith, Carson and Keough Nays: None Motion carries
8. Consideration of: Right of Way Agreement for the Roundabout Project (Action to be taken following the Closed Session)
9. Consideration of: Painting of 8050 Main Street
Motion Smith; support Michels to approve the quote from Richard Brothers to paint 8050 Main Street (Hotel Hickman) for an amount not to exceed $5900.
Ayes: Smith, Michels, Fisher, Tell, Knight, Carson and Keough Nays: None Motion carries
M. COUNCIL COMMENTS
Michels My no vote on New Business item 1 was because the developer did not provide the paperwork. Knight None Smith None Jones At the last meeting I mentioned placing some sort of reflector by the Viaduct and I am told that this has been installed. Carson None Fisher None Tell Is the Shield Road Bridge open yet? Ms. Nicholls replied that it is not open yet, but the floats at homecoming were allowed to cross.
N. NON-ARRANGED PARTICIPATION
None
O. CLOSED SESSION IN ACCORDANCE WITH MCL 15.268 SECTION 8(D) TO DISCUSS POTENTIAL PURCHASE OF PROPERTY
Page 5 of 246
Motion Tell; support Fisher to move into Closed Session in accordance with MCL 15.268 Section 8(D) to discuss potential purchase of property at 9:26 PM.
Ayes: Fisher, Michels, Knight, Carson, Smith, Tell and Keough Nays: None Motion carries
Motion Michels; support Smith to leave Closed Session at 9:56 PM.
Ayes: Tell, Carson, Michels, Smith, Fisher, Knight and Keough Nays: None Motion carries
Motion Michels; support Smith to approve the revised agreement between the City of Dexter and the Washtenaw County Road Commission for Right-of-Way acquisition costs for the Baker Road Intersections Project.
Ayes: Michels, Knight, Smith, Tell, Fisher, Carson and Keough Nays: None Motion carries
P. ADJOURNMENT
Motion Carson; support Knight to adjourn the meeting at 9:57 PM.
Unanimous voice vote approval.
Respectfully submitted,
Justin Breyer Assistant to the City Manager/Clerk Approved for Filing: ______
Page 6 of 246 OFFICE OF COMMUNITY DEVELOPMENT 8140 Main Street Dexter, Michigan 48130-1092 (734) 580-2233 Fax (734) 426-5614
STAFF MEMORANDUM
To: Mayor Keough and City Council Courtney Nicholls, City Manager From: Michelle Aniol, Community Development Manager Re: QED Request for Industrial Facilities Tax Exemption Date: October 23, 2017
City Council is scheduled to conduct a public hearing on October 23, 2017 to consider a request for an Industrial Facilities Tax Exemption, submitted by QED Environmental Systems. The applicant has requested a 50% abatement of taxes, $594,480 in real property improvements, for a period of ten years. The requested abatement is associated with lease hold improvements made to its facility, located at 2355 Bishop Circle West. The application shows 127 jobs will be retained and 15 new jobs will be created, as a result of the investment in real property improvements.
Accompanying this memorandum you will find the following documentation: • Resolution Approving an Industrial Facilities Exemption Certificate for Real Property Investments located at 2355 Bishop Circle W; • City of Dexter IFE Tax Abatement Evaluation Form • City of Dexter IFE Tax Abatement Eligibility Form • Application for Industrial Facilities Exemption Certificate, received August 30, 2017 Abatement Evaluation The annual value of the abatement of real property is approximately $2,126.19 in City taxes and $8,206.66 from other taxing jurisdictions, including Washtenaw County (summer and winter), School Operating, School Debt, Library, Washtenaw Community College, and the Washtenaw Intermediate School District (ISD). Based on the results of the City’s IFTE Evaluation Criteria, QED Environmental Systems, Inc. would be eligible for an abatement of 5 years, on its real property improvements.
The goal of the City’s Industrial Facilities Tax Abatement Program is to encourage new companies to invest in our community and to assist our existing companies as they continue to invest in their businesses. The amount of temporary tax relief that a business is eligible for is based on the value of their investment in the community, as determined by the City’s abatement evaluation criteria. In granting the abatement, the City helps relieve the tax burden created by the company’s financial investment. The City benefits by receiving 50% of the tax revenue that it would not otherwise have received, if the company had not made the investment. The City also benefits from the jobs that are brought to and retained in the community.
In the case of QED, the additional revenue is estimated at $2,126.19 in real property taxes, which would be increased to $4,252.37, after the abatement expires. This is calculated as the taxable value, which is half of the value of the improvements divided by $1,000 ($297.24) and multiplied by half the City’s millage rate (7.1531).
($594,480 x .50) = ($297,240/1000) = ($297.24 x 7.1531) = $2,126.19
The City also benefits from the jobs that are brought to and retained in the community.
Page 7 of 246 City Council QED IFE October 23, 2017 Page 2
SUGGESTED MOTION Move to adopt the Resolution Approving a Request from QED Environmental Systems, Inc. for an Industrial Facilities Tax Exemption Certificate for Investments in Real Property Improvements, at 2355 Bishop Circle W, Dexter, Michigan, subject to the execution of an Industrial Facilities Exemption Certificate Agreement, by the City and QED.
Page 8 of 246 RESOLUTION #XX - 2017
RESOLUTION APPROVING A REQUEST FROM QED ENVIRONMENTAL SYSTEMS, INC., FOR AN INDUSTRIAL FACILITES EXEMPTION CERTIFICATE FOR REAL PROPERTY INVESTMENTS LOCATED AT 2355 BISHOP CIRCLE WEST, DEXTER, MICHIGAN
WHEREAS, pursuant to P.A. Act 198 of 1974, M.C.L. 207.551 et seq., after duly noticed public hearing held on May 26, 1987 the Dexter City Council by resolution established an Industrial Development District at the Dexter Business and Research Park; and
WHEREAS, QED Environmental Systems, Inc. has filed an application for an Industrial Facilities Exemption Certificate with respect to real property investment of $594,480 at its facility located at 2355 Bishop Circle West; and
WHEREAS, before acting on said application, the Dexter City Council held a hearing on October 23, 2017, at 7:30 p.m., at the Dexter Senior Center, 7720 Dexter-Ann Arbor Street, Dexter Michigan, at which the applicant, the City Treasurer and a representative of each of the affected taxing units were given written notice and were afforded an opportunity to be heard on said application; and
WHEREAS, completion of the proposed investment is calculated to and will at the time of issuance of the certificate have the reasonable likelihood to retain, create and/or prevent the loss of employment in the City of Dexter; and
WHEREAS, the aggregate SEV of real and personal property exempt from ad valorem taxes within the City of Dexter, after granting this certificate, will not exceed 5% of an amount equal to the sum of the SEV of the unit, plus the SEV of personal and real property this exempted.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DEXTER THAT:
1. The Dexter City Council finds and determines that the granting of the Industrial Facilities Exemption Certificate considered together with the aggregate amount of certificates previously granted and currently in force under Act No. 198 of the Public Acts of 1974 and Act No. 255 of the Public Acts of 1978, shall not have the effect of substantially impeding the operation of the City of Dexter, or impairing the financial soundness of a taxing unit which levies ad valorem property taxes in the City of Dexter.
2. The application of QED Environmental Systems, Inc., for an Industrial Facilities Exemption Certificate with respect to real property investment of $594,480.00, at its facility located at 2355 Bishop Circle West be approved as submitted.
3. The Industrial Facilities Exemption Certificate when issued shall be and remain in full force and effect for a period of five (5) years for real property. The applicant shall remain within the City of Dexter during the period of time for which the individual applications for abatement has been approved. If the applicant relocates within this period of time, the applicant shall pay to the affected taxing units an amount equal to those taxes it would have paid had the abatement not been in effect.
AYES:
NAYS:
ABSENT:
Page 9 of 246 RESOLUTION # XX - 2017 Page 2 of 2
RESOLUTION DECLARED ADOPTED
THIS 23rd DAY OF OCTOBER 2017
Shawn W. Keough, Mayor
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the Council of the City of Dexter, County of Washtenaw, State of Michigan, at a regular meeting held on the 23rd day of October 2017, with a duly noticed public hearing held on October 23, 2017.
Justin Breyer, City Clerk
Page 10 of 246 127 15
X
May 26, 1987 x
Page 11 of 246 Page 12 of 246 Page 13 of 246 CITY OF DEXTER P.A. 198 INDUSTRIAL FACILITIES EXEMPTION TAX ABATEMENT FORM REAL PROPERTY
Company:
SECTION 1. REAL PROPERTY INVESTMENT
A. Real Property 1 Land If the land was purchased from the City at a discount What was the discount per acre? $
Subtract (1) point for each $1,000 discount (per acre) below established price per acre. (Negative) 2 Building If the building was purchased from the City at a discount, What was the discount? $
Subtract (1) point for each $1000 discount below established price (Negative) 3 Building and Site Improvements Cost of land improvements: Cost of building improvements: $594,480 Total $594,480
Add (1) point for each $33,000 of the first $1,000,000 in real property investment. 18.01 (Max 30)
Add (1) point for each $57,000 of the remaining real property investment.
(Max 35)
Total Section 1 Points 18.01 (Max 65)
Page 1 of 4 Page 14 of 246 CITY OF DEXTER P.A. 198 INDUSTRIAL FACILITIES EXEMPTION TAX ABATEMENT FORM REAL PROPERTY
Company:
SECTION 2. EMPLOYMENT
A. Jobs 1 Number of Jobs retained 127 X 0.5 = 25.00 (Max 25) 2 Number of New Jobs 15 X 0.5 = 7.50 (Max 25)
Total Section 2 Points 25.00 (Max 25)
SECTION 3. AESTHETIC & PRACTICAL FEATURES
A. The Dexter City Planning Commission will evaluate the approved final site plan for aesthetic and practical features and award points based on the scale below
Exemplary (2) points Well Designed (1) point Adequate (0) points
Building architecture & site compatibility 0.00 Building exterior construction materials 0.00 Landscaping & screening 0.00 Exterior lighting & identification 0.00 Traffic flow, safety & efficiency 0.00
Total Section 3 Points 0.00 (Max 10)
Page 2 of 4 Page 15 of 246 CITY OF DEXTER P.A. 198 INDUSTRIAL FACILITIES EXEMPTION TAX ABATEMENT FORM REAL PROPERTY
Company:
SECTION 4. COMMITMENT TO COMMUNITY For businesses with existing operations in the City OR Dexter school district the following BONUS points will be awarded
How long has the company had ongoing operations in the City or School District?
City 60 Months Dexter School District 60 Months
A. Time in Community City School District For 6 to 36 months add: 2.50 1.20 For 37 to 96 months add: 5.00 2.40 For 97 to 144 months add: 7.50 3.60 For 145 or more months add 10.00 5.00 Total Section 4 Points 7.40 (Max 10) SECTION 5. COST TO COMMUNITY
A. 1 Added infrastructure costs directly necessitated by this development (including engineering): $
If the cost to community is zero then skip this section. If there are community costs use the following calculation to determine the number of points to subtract.
Total Project Cost: $ = Total Community Cost $
a. 100 or greater, subtract ZERO points for each point decline below 100. b. 99 to 50, subtract 0.2 points for each point decline below 100. c. 49 to 30, subtract 0.42 points for each point decline below 100. d. 29 to 1, subtract 1.0 point for each point decline below 100.
Total Section 5 Points 0.00 (Max -100)
Total Application Points 50.41 (Max 110)
Page 3 of 4 Page 16 of 246 CITY OF DEXTER P.A. 198 INDUSTRIAL FACILITIES EXEMPTION TAX ABATEMENT FORM REAL PROPERTY
Company:
CITY OF DEXTER P.A. 198 INDUSTRIAL FACILITIES EXEMPTION TAX ABATEMENT FORM
YEARS OF TAX ABATEMENT ELIGIBLITY
Points Years
0 - 9 0 10 - 19 1 20 - 29 2 30 - 39 3 40 - 49 4 50 - 59 5 60 - 69 6 70 - 74 7 75 - 79 8 80 - 84 9 85 - 89 10 90 - 94 11 95 - 100 + 12
Page 4 of 4 Page 17 of 246 PAGE LEFT INTENTIONALLY BLANK
Page 78 of 102 Page 18 of 246 Meeting Calendar
Board Date Time Location Website City Representative Washtenaw Area Transportation Study - Policy 10/18/2017 9:30 a.m. Washtenaw County LRC, Huron Room http://www.miwats.org/ Jim Carson Dexter Area Fire Board 10/19/2017 6:00 p.m. Dexter Township Hall http://dexterareafire.org/ Shawn Keough/Jim Carson Downtown Development Authority 10/19/2017 7:30 a.m. Dexter Senior Center http://www.dextermi.gov Shawn Keough Dexter Community Schools Board of Education 10/23/2017 7:00 p.m. Creekside Intermediate School http://dexterschools.org/ Dexter City Council 10/23/2017 7:30 p.m. Dexter Senior Center http://www.dextermi.gov Western Washtenaw Area Value Express 10/24/2017 8:00 a.m. Catherine Crippen Building http://www.ridethewavebus.org/ Jim Carson CAPT/DART 10/25/2017 7:00 p.m. 12172 Jackson Rd. http://www.ewashtenaw.org/ Jim Carson Huron River Watershed Council 10/26/2017 5:30 p.m. 1100 N. Main, Suite 210, Ann Arbor http://www.hrwc.org/ Paul Cousins Master Plan Walking Tour - Baker Rd. 10/26/2017 5:00 p.m. Dexter Wellness Center http://www.dextermi.gov Master Plan Walking Tour - Downtown 10/28/2017 10:00 a.m. Dexter Farmer's Market (3233 Alpine) http://www.dextermi.gov Master Plan Walking Tour - Dexter-Ann Arbor Rd. 10/30/2017 5:00 p.m. Dexter Crossing Shopping Center http://www.dextermi.gov Washtenaw Area Transportation Study - Technical 11/1/2017 9:30 a.m. 200 N Main St., Basement http://www.miwats.org/ Rhett Gronevelt Dexter Area Historical Society Board 11/2/2017 7:00 p.m. Dexter Area Historical Museum http://dexterhistory.org Dexter District Library Board 11/6/2017 7:00 p.m. Dexter District Library http://www.dexter.lib.mi.us/ Pat Cousins Planning Commission 11/6/2017 7:00 p.m. Dexter Senior Center http://www.dextermi.gov Jim Smith Dexter Area Chamber of Commerce 11/8/2017 5:30pm Payroll Vault (7444 Dexter-Ann Arbor) http://www.dexterchamber.org/ Gateway Initiative (Big 400) 11/10/2017 9:30 a.m. Waterloo Recreation Area Paul Cousins Dexter Community Schools Board of Education 11/13/2017 7:00 p.m. Creekside Intermediate School http://dexterschools.org/ Dexter City Council 11/13/2017 7:30 p.m. Dexter Senior Center http://www.dextermi.gov Arts, Culture, and Heritage Committee 11/14/2017 6:30 p.m. Creekside Intermediate School http://www.dextermi.gov Donna Fisher
Due to the possibility of cancellations, please verify the meeting date with the listed website or City representative
Page 19 of 246 PAGE LEFT INTENTIONALLY BLANK
Page 78 of 102 Page 20 of 246 2017 Sign Calendar
Approval Name of Group Dates Number Approved Date Locations January Dexter Winter Marketplace-Farmers Market 2 X Mos. 1/9-1/14 &1/23-1/28 2-2' X 3' & 3-18 X 24 10/5/2016 1,2,4,5,44 St, Andrew's Church-American Red Cross Blood Drive 12/27/16-1/9/17 1- 2' X 3' 12/14/2016 8 & 22 St. Andrew's Church-Monthly Dinners 1/23-2/2 1 2' X 3' 12/16/2016 8 Columbus Ladies-Auxiliary-Quarter Mania 1/6-1/19 3-18X24/2-2X3 1/6/2017 1,2,4,44,10 Dexter Community Players-Spring Awakening 1/14-1/29 3-18X24/2-2X3 1/11/2017 1,2,4,5,44 Dexter Little League-Spring Registration 1/30-2/12 5-18X24 1/12/2017 1,2,4,5,44 Columbus Ladies-Auxiliary-Rummage Sale 1/19-2/2 5-18X24 1/18/2017 1,2,4,5,10 Friends of the Dexter District Library-book sale 1/1-1/7 5 - 18 X 24 12/22/2016 1,4,44,10,3
February Dexter Winter Marketplace-Farmers Market 2 X Mos. 2/6-2/11 & 2/20-2/26 2-2' X 3' & 3-18 X 24 10/5/2016 1,2,4,5,44 St. Andrew's Church-Monthly Dinners 1/23-2/2 & 2/20-3/2 1 2' X 3' 12/16/2016 8 Dexter Little League-Spring Registration 1/30-2/12 5-18X24 1/12/2017 1,2,4,5,44 Columbus Ladies-Auxiliary-Rummage Sale 1/19-2/2 5-18X24 1/18/2017 1,2,4,5,10 Friends of the Dexter District Library-book sale 1/29-2/5 5 - 18 X 24 12/22/2016 1,4,44,10,3 Dexter Drama Club-Beauty and the Beast 2/6-2/19 3-18X24, 2-2'X3' 1/24/2017 1,2,4,5,10 Dexter Lacrosse/Spring Registration 2/13-2/26 2 - 18 X 24 2/10/2017 1,10
March Dexter Winter Marketplace-Farmers Market 2 X Mos. 3/6-3/11 & 3/20-3/25 2-2' X 3' & 3-18 X 24 10/5/2016 1,2,4,5,44 Dexter Community Orchestra Concerts 3/1-3/12 2 - 3' X 4' 10/13/2016 5 & 9 St. Andrew's Church-Monthly Dinners 2/20-3/2 & 3/27-4/6 1 2' X 3' 12/16/2016 8 Friends of the Dexter District Library-book sale 2/26-3/4 5 - 18 X 24 12/22/2016 1,4,44,10,3 Dexter Rugby Team/Recruitment Drive for High School Team 2/26-3/12 5 - 18 X 24 2/24/2017 1,2,4,10,44 Dexter Community Education/Craft Show 3/9-3/19 5 - 18 X 24 3/6/2017 1,2,4,5,10 NARI of SE Mi/Home Tour Directional signs 3/25-3/26 4 -18 X 24 3/22/2017 1,16,20,44
April Dexter Winter Marketplace-Farmers Market 2 X Mos. 4/3-4/8 & 4/17-4/22 2-2' X 3' & 3-18 X 24 10/5/2016 1,2,4,5,44 St, Andrew's Church-American Red Cross Blood Drive 4/4-4/17 1- 2' X 3' 12/14/2016 8 & 22 St. Andrew's Church-Monthly Dinners 3/27-4/6 & 4/24-5/4 1 2' X 3' 12/16/2016 8 Friends of the Dexter District Library-book sale 3/26-4/2 5 - 18 X 24 12/22/2016 1,4,44,10,3 Peace Lutheran /Easter Egg Hunt 3/30-4/8 1-2X3 3/29/2017 1 Ladies of the K of C/QuarterMania 4/1-4/14 3-18X24;2-2'X3' 3/31/2017 1,2,4,44,10 Dexter Community Players/The Fantasticks 4/14-4/28 2-18X24 & 2-2X3 4/10/2017 1,2,15,54 Dexter United Methodist-Rummage Sale 4/21-4/29 3-18X24, 2-2X3 4/17/2017 1,2,4,5,44 Dexter Drama Club-Cinderella 4/27-5/7 2-2X3 4/27/2017 1,5 May Dexter Community Orchestra Concerts 4/27-5/7 2 - 3' X 4' 10/13/2016 5 & 9 St. Andrew's Church-Monthly Dinners 4/24-5/4 1 2' X 3' 12/16/2016 8 Friends of the Dexter District Library-book sale 4/30-5/6 5 - 18 X 24 12/22/2016 1,4,44,10,3 Ann Arbor Track Club/Dexter to Ann Arbor Run 5/21-6/4 5 - 18 X 24 1/18/2017 1,2,4,5,10 Dexter Lions Club/White Cane Days fundraiser 5/26-5/27 5 - 2 X 3 3/6/2017 49,50,51,52,53 St. Joseph Annual Plant Sale 5/6-5/21 5 - 18 X 24 4/10/2017 1,2,4,5,44 Dexter Garden Club-Annual Plant Sale 5/6-5/21 5-18X24 4/27/2017 1,2,4,5,44 Dexter Drama Club-Cinderella 4/27-5/7 2-2X3 4/27/2017 1,5 St. Andrew's Church-Spring Rummage Sale 5/5-5/20 5-18X24 4/28/2017 1,2,4,5,,44 American Legion-Kentucky Derby Party Fundraiser 4/28-5/7 2-2X3 4/28/2017 1 & 5 Rotary Club of Dexter-Memorial Day Parade 5/15-5/29 5-18X24 4/28/2017 1,2,4,5,10 Relay for Life-Show of Hope Week 5/14-5/21 ribbons and bows 5/10/2017 downtown Dexter Little League-Summer Registration 5/23-6/6 5- 18X24 5/11/2017 1,2,4,5,10 Dexter K of C-Chicken Broil 5/20-5/30 5-18X24 5/22/2017 1,2,4,5,10 Dexter Soccer Club-Mich Thunder/Kickin it with the Girls 5/27-6/10 5-18X24 5/23/2017 1,2,4,5,10 June Dexter Community Orchestra Concerts 6/16/17 2 - 3 X 4 10/13/2016 5 & 9 Friends of the Dexter District Library-book sale 5/28-6/4 5 - 18 X 24 12/22/2016 1,4,44,10,3 Ann Arbor Track Club/Dexter to Ann Arbor Run 5/21-6/4 5 - 18 X 24 1/18/2017 1,2,4,5,10 Dexter Soccer Club-Michigan Thunder/Registration Tryouts 6/5-6/19 5-18X24 5/23/2017 1,2,4,5,10 West Washtenaw Business Assoc/Jackson Road Classic Car Cruz 6/2-6/11 1-18X24 6/2/2017 10 Dexter Area Historical Society/Gordon Hall Days-County Fair 6/5-6/19 5-18X24 6/5/2017 1,4,5,10,44 Dexter Area Historical Society/Gordon Hall Days-Country Dance 6/5-6/19 5-18X24 6/5/2017 1,4,5,10,44 St. Joseph Parish/Vacation Bible School 6/5-6/19 4-18X24 6/5/2017 1,2,4,5 Relay for Life of Dexter/Relay for Life event in park 6/12-6/25 5-18X24 6/5/2017 1,2,4,5,44 Dexter Boy Scout Troop 477/Annual Rummage Sale 6/28-7/1 2-4'x4'5' 6/5/2017 1 & 44 5Healthy Towns-Yoga in the Park 6/1-6/15 3-18X24, 2-2X3 5/18/2017 1,2,4,5,44 American Legion-Flea Market 6/24-7/2 2-2X3, 3-18X24 6/23/2017 1,2,4,5,44 St. Joseph Church-St. Joseph Festival Flea Market 6/25-7/9 5-18X24 6/23/2017 1,2,4,5,44 Location Listing: 1 - Baker/Main, 2 - Central/Mill, 3 - Dexter Ann Arbor/Copeland, 4 - Main/Alpine, 5 - Baker/Cemetery, 6 - Monument Park, 7 - Creekside, 8 - 7610 Dexter Ann Arbor, 9 - Peace Park, 10 - Dexter Ann Arbor/Limits, 11 - Cornerstone, 12 - Bates, 13 - 3443 Inverness, 14 - 7720 Ann Arbor Street, 15 - S. Main/Broad, 16 - N. Main/Broad, 17 - Edison/Ann Arbor Street, 18 - Dover/Fifth, 19 - Central/Fifth, 20 - Broad/Fifth, 21 - Mill Creek Middle School, 22 - Fourth/Inverness, 23 - Dexter Bakery, 24 - Lighthouse, 25 - Dexter Pharmacy 2, 26-Warrior Creek Park Driveway, 27-Dexter Flowers, 28-Terry B's, 29-7795 Ann Arbor St, 30 - 7915 Fourth, 31 - 7651 Dan Hoey, 32 - Wylie, 33-Lions Park, 35-Dexter Crossing Entrance, 36 - Dan Hoey/Dexter Ann Arbor; 37 - Dover/Main, 38 - Fourth/Central, 39 - Baker/Hudson, 40 - Inverness/Ann Arbor, 41 - Main/Jeffords, 42 - Third/Broad; 43 - 3rd/Dover; 44 - Ryan/Dexter Ann Arbor, 45 - Meadowview/Dexter Ann Arbor, 46 - Ice Rink, 47- Dexter Mill/RR tracks, 48-7444 Dexter-Ann Arbor, 49-Post Office, 50-8135 Main-gas station, 51-Hackney, 52-TCF, 53-DQ, 54-Busch's 55-Mill Creek Park N., 56-2810 Baker ** Dexter Farmers Market will place up to 5 signs on Friday, Saturday and Tuesday from May through October to advertise for the market Page 21 of 246 2017 Sign Calendar
Name of Group Dates Number Approved Approval Date Locations July St, Andrew's Church-American Red Cross Blood Drive 7/2-7/17 1- 2' X 3' 12/14/2016 8 & 22 Dexter Wellness Ctr-Community BBQ Pool Party July 29th 7/15-7/29 5 - 18 X 24 6/14/2017 1,4,5,10,56 5Healthy Towns-Yoga in the Park 7/1-7/15 3-18X24, 2-2X3 5/18/2017 1,2,4,5,44 St. Joseph Church-St. Joseph Festival Flea Market 6/25-7/9 5-18X24 6/23/2017 1,2,4,5,44 American Legion-Flea Market 6/24-7/2 2-2X3, 3-18X24 6/23/2017 1,2,4,5,44 Dexter Touchdown Club-Annual Golf Outing-Fundraiser 7/1-7/10 5-18X24 6/27/2017 1,2,4,5,44 St. Andrew's Church/Annual Ice Cream Social 7/20-8/3 5-18X24 7/10/2017 1,2,4,5,44 Dexter Youth Football League/Football Registration 7/23-8/6 5-18X24 7/12/2017 1,2,4,5,44 St. Andrew's Church/Monthly Dinners Sept-Dec 2017 Dexter Chamber-Dexter Daze-This Weekend 8/6-8/13 4-18X24, 1X2X3 8/7/2017 1,2,3,4,44
August Friends of the Dexter District Library-book sale 8/4-8/14 5 - 18 X 24 12/22/2016 1,4,44,10,3 St. James Episcopal Church/Dexter Daze BBQ Chicken Dinner 8/4-8/13 3-18X24 6/16/2017 1,4,5 5Healthy Towns-Yoga in the Park 8/1-8/15 3-18X24, 2-2X3 5/18/2017 1,2,4,5,44 American Legion-Swiss Steak Dinner 8/5-8/12 3-18X24, 2-2X3 8/4/2017 1,2,4,5,10 City of Dexter-Paint Dexter Plein Air Festival 8/12-8/21 5-18X24 8/8/2017 1,2,4,44,10
September St, Andrew's Church-American Red Cross Blood Drive 9/5-9/18 1- 2' X 3' 12/14/2016 8 & 22 St. Vladimir Church-Church Festival 9/4-9/18 5-18X24 8/8/2017 1,2,4,5,44 Webster Fall Festival 9/9-9/24 5-18X24 8/10/2017 1,2,4,5,44 Columbus Ladies Auxiliary-Fundraiser for St. Louis Center 9/10-9/22 3-18X24 & 2-2X3 9/5/2017 1,2,4,5,44 His Eye is on the Sparrow-5K Run/1 mile walk 9/16-10/1 5-18X24 9/11/2017 1,2,4,44,10 Dexter United Methodist Church-Fall Rummage Sale 9/22-9/30 3-18X24 & 2-2X3 9/15/2017 1,2,4,5,44
October Friends of the Dexter District Library-book sale 10/1-10/8 5 - 18 X 24 12/22/2016 1,4,44,10,3 Dexter Lion's Club-Apple Daze 10/2-10/8 5-18X24 9/6/2017 2,4,5,44,10 Dexter Community Education/Fall Craft & Vendor Show 10/16-10/23 5-18X24 9/15/2017 1,2,4,44,10 St. Andrew's United Church of Christ-Fall Rummage Sale 10/7-10/21 5-18X24 9/28/2017 1,2,4,5,44 Dexter High School Drama Club-Lion King Jr. production 10/8-10/22 2-2X3 9/29/2017 1 & 10 Knights of Columbus-Chicken Broil 10/7/17 10/4-10/8 5-18X24 10/4/2017 1,2,4,5,44 BRAG of Ann Arbor-Remodelers Home Tour event/HBA 10/13-10/15 4-18X24 10/12/2017 1,16,44,40
November Friends of the Dexter District Library-book sale 10/29-11/5 5 - 18 X 24 12/22/2016 1,4,44,10,3 Dexter Lion's Club-Annual Christmas Tree Sale 11/25-12/23 1-2X4 10/12/2017 1
December Friends of the Dexter District Library-book sale 11/26-12/3 5 - 18 X 24 12/22/2016 1,4,44,10,3 Dexter Lion's Club-Annual Christmas Tree Sale 11/25-12/23 1-2X4 10/12/2017 1
Location Listing: 1 - Baker/Main, 2 - Central/Mill, 3 - Dexter Ann Arbor/Copeland, 4 - Main/Alpine, 5 - Baker/Cemetery, 6 - Monument Park, 7 - Creekside, 8 - 7610 Dexter Ann Arbor, 9 - Peace Park, 10 - Dexter Ann Arbor/Limits, 11 - Cornerstone, 12 - Bates, 13 - 3443 Inverness, 14 - 7720 Ann Arbor Street, 15 - S. Main/Broad, 16 - N. Main/Broad, 17 - Edison/Ann Arbor Street, 18 - Dover/Fifth, 19 - Central/Fifth, 20 - Broad/Fifth, 21 - Mill Creek Middle School, 22 - Fourth/Inverness, 23 - Dexter Bakery, 24 - Lighthouse, 25 - Dexter Pharmacy 2, 26-Warrior Creek Park Driveway, 27-Dexter Flowers, 28-Terry B's, 29-7795 Ann Arbor St, 30 - 7915 Fourth, 31 - 7651 Dan Hoey, 32 - Wylie, 33-Lions Park, 35-Dexter Crossing Entrance, 36 - Dan Hoey/Dexter Ann Arbor; 37 - Dover/Main, 38 - Fourth/Central, 39 - Baker/Hudson, 40 - Inverness/Ann Arbor, 41 - Main/Jeffords, 42 - Third/Broad; 43 - 3rd/Dover; 44 - Ryan/Dexter Ann Arbor, 45 - Meadowview/Dexter Ann Arbor, 46 - Ice Rink, 47-Dexter Mill/RR tracks, 48-7444 Dexter-Ann Arbor, 49-Post Office, 50-8135 Main-gas station, 51-Hackney, 52-TCF, 53-DQ, 54-Busch's 55-Mill Creek Park N., 56-2810 Baker ** Dexter Farmers Market will place up to 5 signs on Friday, Saturday and Tuesday from May through October to advertise for the market Page 22 of 246
2201 Hogback Road Ann Arbor, Michigan 48105-9732 OFFICE (734) 971-8400 FAX (734) 973-4624 EMAIL [email protected] JERRY L. CLAYTON MARK A. PTASZEK SHERIFF UNDERSHERIFF
To: Courtney Nicholls, Dexter City Manager From: Geoff Fox, Sergeant Through: Lisa King, Lieutenant Cc: Marlene Radzik, Police Services Commander Date: October 3, 2017 Re: September 1st – September 30th, 2017 Police Services Monthly Report
During the month of September there were 232 Calls for service (including traffic stops). Deputies conducted 106 traffic stops during this time with 44 citations issued.
Deputies continue to attend training throughout the year in efforts to improve overall service. Recent training initiatives include:
All staff is participating in Taser recertification training over the course of the next two months.
Banked Hours Update:
We have two positions that are currently vacant; one due to an injury and one due to low staffing. The bulk of the hours will be used to fill these shifts while the remaining hours will be banked for future use.
Several other projects and concerns have or are being addressed. They include:
There were no incidents or investigations of significance in the City of Dexter during September.
We continue to monitor traffic complaints and issues in the Westridge subdivision. Midnight shift staff has been specifically directed to patrol the subdivision towards the end of their shift (7:00am – 7:45am). I have also made it a point to be visible in the area along with using banked hours for extra patrol. Numerous traffic stops have been made in the area in an attempt to reduce the number of people cutting through the neighborhood.
Banked Hours / Overtime Used
276 hours used to fill vacant shifts – Non Billable 32 hours used for various details including traffic enforcement – Non Billable Total banked hours remaining as of 10/1/17 – 92
Hours banked thus far and future hours will be sufficient to cover all expected overtime for the rest of the year.
Public Safety –Quality Service – Strong Communities
Page 23 of 246
Dexter Collaboration Out of Area Time
Scio Twp – 280 minutes o We assisted on suspicious incidents, medical calls and in progress assaults which were all approved by command officers.
Dexter Collaboration Into Area Time
Scio Twp – 370 minutes o Scio Twp staff assisted our area numerous times on incidents including alarms, suspicious incidents and family troubles.
Page 24 of 246
2201 Hogback Road Ann Arbor, Michigan 48105-9732 OFFICE (734) 971-8400 FAX (734) 973-4624 EMAIL [email protected] JERRY L. CLAYTON MARK A. PTASZEK SHERIFF UNDERSHERIFF September 2017 DEXTER CITY MONTHLY POLICE SERVICES MEETING
2017 Traffic Stops (YTD) 2016 Traffic Stops (YTD) Percentage Change YTD 1083 1150 -6% MONTH 106 129 -18%
2017 Citations (YTD) 2016 Citations (YTD) Percentage Change
YTD 342 276 +24%
MONTH 44 45 -2%
2017 Drunk Driving Arrest (YTD) 2016 Drunk Driving Arrest (YTD) Percentage Change
YTD 8 5 +60%
MONTH 0 0 ---
2017 (YTD) 2016 (YTD) Percentage Change
Calls for Service (YTD) 2486 2200 +13%
Homes Invasions (YTD) 1 3 -67%
Larceny’s (YTD) 20 7 +186%
Robbery’s (YTD) 0 1 -100%
Assaultive Crimes (YTD) 18 9 +100%
Traffic Crashes (YTD) 86 99 -13%
Verified Traffic Stops CFS 1090 1086 +.4%
Non-Terminal Medical CFS 87 64 +36%
1. Animal Control Updates: (Year to date) CALL FOR SERVICE 2017 2016 Change Dexter City 28 21 +33% Animal Control Service Request 6 13 -54%
Page 25 of 246 PAGE LEFT INTENTIONALLY BLANK
Page 78 of 102 Page 26 of 246 TREASURER/FINANCE DIRECTOR’S OFFICE 8140 Main Street Dexter, Michigan 48130-1092 (734) 580-2231 Fax (734) 426-5614
Report to the City Council First Quarter Fiscal Year 2017-2018
I am pleased to present to Council the financial report for the City of Dexter, as well as the activity for the Treasurer/Finance Director’s Office, for the first quarter of Fiscal Year 2017-2018.
Activities Section
This report is intended to inform Council of activities throughout that may be of interest from a financial, operational or educational standpoint. Because it may address items included in the other two sections, it will go at the beginning of this report.
Revenue and Expenditure Section
Revenue and expenditure reports are used to track how the City is performing for a particular time period, as compared to its adopted budget. A general guideline is that each quarter represents 25% of the budget, although timing of receipts, projects or other types of expenses may cause a department to be over or under this guideline in any given quarter. If management is aware that a particular department or line item may become out of budgetary compliance, budget amendments will be submitted to Council for their consideration.
In its adopted budget document, the City identifies major funds, which are those funds that constitute more than 10% of the revenue and/or expenditures of the total appropriated budget or are of special interest to management. For the current fiscal year, these funds are the General Fund, Major Streets Fund, Local Streets Fund, Municipal Streets Fund, Solid Waste Fund, Sewer Fund and Water Fund. This report will present financial information for these funds on an individual basis, and will consolidate reporting for the City’s non-major funds.
Cash Balances Section
Included in the financial section of this report are the City’s cash balances, formatted by fund, which gives an overall picture of the cash flow available for the various activities. Some accounts are pooled, which means that the monies in those accounts are spread across several funds. Examples of this type of account are the Pooled Account and the Tax Savings Account. Included in this report is a table that shows available cash less the 15% fund balance that is set aside by budget policy, as well as the remaining expected revenue and expenditures for the fiscal year according to the revenue and expenditure reports.
Page 27 of 246 Treasurer/Finance Director’s Report to Council Page 2
Department Activities
2017 Summer Taxes
2017 summer tax collection is largely complete. As of mid-October, the City has collected 97.18% of real property taxes levied, and 96.14% of personal property taxes levied, and we processed 1,783 payments. Collection on delinquent parcels will continue until February 28, 2018.
As of the last disbursement date (collections through 10/1/2017), $2,937,294 has been distributed to the City, $2,204,812 to Washtenaw County, $33,652 to the State of Michigan, and $314,912.26 to the Downtown Development Authority.
Fiscal Year 2017-2018 Budget Document
The Fiscal Year 2017-2018 budget was submitted to the Government Finance Officers Association in early September for its Distinguished Budget Award.
Fiscal Year 2016-2017 Audit
Fieldwork for the Fiscal Year 2016-2017 audit was completed in the first week of October. The next step is for the auditor to prepare a draft report for staff review. It will also be necessary to prepare the Act 51 performance audit as there has been no progress at the State level on this topic.
Chart of Accounts
Now that Fiscal Year 2016-2017 is closed, I will start working on the changes necessary to implement the new State of Michigan Chart of Accounts. I expect to have this completed for Council review by the end of the calendar year.
Downtown Development Authority Reimbursement
I was able to successfully petition the State of Michigan for an additional $703 in personal property tax loss reimbursements for tax years 2014, 2015 and 2016. This petition was based on tax tribunal and board of review decisions that were made within the DDA district.
Downtown Development Authority Refunding Bond
The 2008 Downtown Development Authority’s non-taxable bond was successfully refunded in September, saving the DDA $341,434 over the life of the bond.
Sewer and Water Ordinance
I gave feedback to the City Manager on some of the financial and collection aspects of the sewer and water ordinance for possible incorporation at a future date.
Page 28 of 246 Treasurer/Finance Director’s Report to Council Page 3
Michigan Department of Transportation Section 18J Compliance
The Section 18J compliance documents were filed with the Michigan Department of Transportation and uploaded to our website on September 27th.
Soft Launch of Michigan Community Financial Dashboard
The Local Audit and Finance Department of Treasury is planning to launch a new dashboard for local unit finance and requested that local units review the information prior to their going live. There were several areas for the City that were inaccurate or lacking, and Treasury has been provided a spreadsheet with the corrections that need to be made.
Educational Presentation
Our assessor Chris Renius and I presented two hour-long breakout sessions at the Michigan Municipal Treasurers Association’s Fall Conference entitled “The Treasurer-Assessor Relationship”. The sessions were well attended, and we received excellent feedback from my fellow treasurers. For being a presenter, the MMTA paid for one night’s hotel for each of us, and will reimburse Chris for his mileage and meals.
Education and Training
• I participated in the MML Legislative Committee meeting in Lansing on August 25th. • I attended the Michigan Municipal Treasurers Association’s Fall Conference from October 8th through the 11th. The sessions that I attended were: o Public Finance and Current Issues for Local Government; o Legislative Update; o Creating and Presenting Budgets for All Audiences; o Collaboration with Public Funds (Do’s and Don’ts); o Embezzlement and Public Corruption; o Ransomware and Municipalities; o Advanced Revenue Collection; o Economic Update: Michigan’s Economy; o Fighting Fraud in Government: Conducting Internal Investigations.
Committee Memberships
• Member of the Michigan Municipal League’s Municipal Finance Committee. • Member of the Michigan Municipal Treasurers Association’s Fall Conference Committee • Budget Reviewer for the Government Finance Officers Association’s Distinguished Budget Award Program
Page 29 of 246 Treasurer/Finance Director’s Report to Council Page 4
Revenue and Expenditure Reports
General Fund 101 2017-18 YTD BALANCE AVAILABLE ORIGINAL 2017-18 09/30/2017 BALANCE % BDGT GL NUMBER BUDGET AMENDED BUDGET NORMAL (ABNORMAL) NORMAL (ABNORMAL) USED
Fund 101 - GENERAL FUND
TOTAL REVENUES 3,274,200.00 3,274,200.00 2,497,347.46 776,852.54 76.27
101-CITY COUNCIL 41,700.00 41,700.00 5,191.37 36,508.63 12.45 172-CITY MANAGER 337,800.00 337,800.00 91,819.05 245,980.95 27.18 201-FINANCE DEPARTMENT 13,100.00 13,100.00 743.25 12,356.75 5.67 210-ATTORNEY 50,000.00 50,000.00 8,907.50 41,092.50 17.82 215-CITY CLERK 6,400.00 6,400.00 793.02 5,606.98 12.39 253-TREASURER 119,000.00 119,000.00 29,547.30 89,452.70 24.83 257-ASSESSING DEPARTMENT 44,100.00 44,100.00 9,534.94 34,565.06 21.62 262-ELECTIONS 18,600.00 18,600.00 3,375.66 15,224.34 18.15 265-BUILDINGS & GROUNDS 77,700.00 77,700.00 22,617.90 55,082.10 29.11 285-CITY TREE PROGRAM 23,000.00 23,000.00 830.00 22,170.00 3.61 301-LAW ENFORCEMENT 581,000.00 581,000.00 120,211.97 460,788.03 20.69 336-FIRE DEPARTMENT 715,000.00 715,000.00 173,673.01 541,326.99 24.29 400-PLANNING DEPARTMENT 161,300.00 161,300.00 31,979.80 129,320.20 19.83 410-ZONING BOARD OF APPEALS 1,000.00 1,000.00 - 1,000.00 0.00 441-DEPARTMENT OF PUBLIC WORKS 135,200.00 135,200.00 29,528.91 105,671.09 21.84 442-DOWNTOWN PUBLIC WORKS 80,300.00 80,300.00 16,954.82 63,345.18 21.11 447-ENGINEERING 11,000.00 11,000.00 - 11,000.00 0.00 448-MUNICIPAL STREET LIGHTS 77,000.00 77,000.00 18,855.70 58,144.30 24.49 728-ECONOMIC DEVELOPMENT 47,000.00 47,000.00 1,925.00 45,075.00 4.10 751-PARKS & RECREATION 122,200.00 122,200.00 24,123.44 98,076.56 19.74 801-ARTS, CULTURE & HERITAGE 28,800.00 28,800.00 15,839.72 12,960.28 55.00 825-COMMUNITY EVENTS - - 1,429.62 (1,429.62) 100.00 851-INSURANCE & BONDS 207,000.00 207,000.00 41,914.76 165,085.24 20.25 875-CONTRIBUTIONS 62,300.00 62,300.00 17,500.00 44,800.00 28.09 890-CONTINGENCIES 20,000.00 20,000.00 17.23 19,982.77 0.09 965-TRANSFERS OUT - CONTROL 214,500.00 214,500.00 114,500.00 100,000.00 53.38 TOTAL EXPENDITURES 3,195,000.00 3,195,000.00 781,813.97 2,413,186.03 24.47
TOTAL REVENUES 3,274,200.00 3,274,200.00 2,497,347.46 776,852.54 76.27 TOTAL EXPENDITURES 3,195,000.00 3,195,000.00 781,813.97 2,413,186.03 24.47 NET OF REVENUES & EXPENDITURES 79,200.00 79,200.00 1,715,533.49 (1,636,333.49)
Revenue:
• Summer tax collection is substantially complete, resulting in higher than benchmark revenue collection.
Expenditures:
• Departments containing wages and salary may be above benchmark due to the fact that there were seven bi-weekly payrolls in this quarter instead of six.
Page 30 of 246 Treasurer/Finance Director’s Report to Council Page 5
• There is a budget amendment being presented for Buildings and Grounds, which is higher than benchmark due to the barn removal. • Arts, Culture and Heritage is higher than benchmark due to the annual Plein Air Festival, which was held in August. • Community Events is an unbudgeted department that is being used for tracking purposes only. Once the data has been completely gathered, the salary expenses in this department will be reallocated to the appropriate fund and/or department. • Contributions is higher than benchmark due to 50% of the WAVE fees having been paid. • Transfers Out are at higher than benchmark because the total funds necessary to pay the facilities bond have been moved into the debt fund. The funds for the fire department will be moved at fiscal year-end.
Major Streets Fund 202 2017-18 YTD BALANCE AVAILABLE ORIGINAL 2017-18 09/30/2017 BALANCE % BDGT GL NUMBER BUDGET AMENDED BUDGET NORMAL (ABNORMAL) NORMAL (ABNORMAL) USED
Fund 202 - MAJOR STREETS FUND
TOTAL REVENUES 843,200.00 843,200.00 482,233.86 360,966.14 57.19
248-ADMINISTRATION 4,600.00 4,600.00 - 4,600.00 0.00 445-STORMWATER 18,100.00 18,100.00 3,817.19 14,282.81 21.09 451-CONTRACTED ROAD CONSTRUCTION 614,000.00 614,000.00 420,342.09 193,657.91 68.46 463-ROUTINE MAINTENANCE 77,900.00 77,900.00 26,524.47 51,375.53 34.05 474-TRAFFIC SERVICES 46,300.00 46,300.00 10,534.58 35,765.42 22.75 478-WINTER MAINTENANCE 72,300.00 72,300.00 5,853.09 66,446.91 8.10 890-CONTINGENCIES 10,000.00 10,000.00 - 10,000.00 0.00 TOTAL EXPENDITURES 843,200.00 843,200.00 467,071.42 376,128.58 55.39
TOTAL REVENUES 843,200.00 843,200.00 482,233.86 360,966.14 57.19 TOTAL EXPENDITURES 843,200.00 843,200.00 467,071.42 376,128.58 55.39 NET OF REVENUES & EXPENDITURES - - 15,162.44 (15,162.44)
Revenue:
• Revenue is higher than benchmark due to transfers in being made for the Hudson Street project.
Expenditures:
• Contracted Road Construction is higher than benchmark due to the Hudson Street Project. • Routine Maintenance is higher than benchmark due to a combination of having seven bi- weekly payrolls and increased activity in summer months.
Page 31 of 246 Treasurer/Finance Director’s Report to Council Page 6
Local Streets Fund 203 2017-18 YTD BALANCE AVAILABLE ORIGINAL 2017-18 09/30/2017 BALANCE % BDGT GL NUMBER BUDGET AMENDED BUDGET NORMAL (ABNORMAL) NORMAL (ABNORMAL) USED
Fund 203 - LOCAL STREETS FUND
TOTAL REVENUES 265,500.00 265,500.00 39,491.35 226,008.65 14.87
248-ADMINISTRATION 4,600.00 4,600.00 - 4,600.00 0.00 445-STORMWATER 18,800.00 18,800.00 1,616.58 17,183.42 8.60 451-CONTRACTED ROAD CONSTRUCTION 62,000.00 62,000.00 - 62,000.00 0.00 463-ROUTINE MAINTENANCE 77,000.00 77,000.00 13,322.14 63,677.86 17.30 474-TRAFFIC SERVICES 29,700.00 29,700.00 4,684.62 25,015.38 15.77 478-WINTER MAINTENANCE 63,400.00 63,400.00 3,732.27 59,667.73 5.89 890-CONTINGENCIES 10,000.00 10,000.00 - 10,000.00 0.00 TOTAL EXPENDITURES 265,500.00 265,500.00 23,355.61 242,144.39 8.80
TOTAL REVENUES 265,500.00 265,500.00 39,491.35 226,008.65 14.87 TOTAL EXPENDITURES 265,500.00 265,500.00 23,355.61 242,144.39 8.80 NET OF REVENUES & EXPENDITURES - - 16,135.74 (16,135.74)
Revenue:
• Revenue is lower than benchmark because transfers in are not made unless they are necessary.
Expenditures:
• All expenditure departments are within benchmark.
Municipal Streets Fund 204 2017-18 YTD BALANCE AVAILABLE ORIGINAL 2017-18 09/30/2017 BALANCE % BDGT GL NUMBER BUDGET AMENDED BUDGET NORMAL (ABNORMAL) NORMAL (ABNORMAL) USED
Fund 204 - MUNICIPAL STREETS
TOTAL REVENUES 903,200.00 903,200.00 690,728.79 212,471.21 76.48
248-ADMINISTRATION 79,800.00 79,800.00 19,041.10 60,758.90 23.86 598-SAW GRANT 170,400.00 170,400.00 4,995.91 165,404.09 2.93 965-TRANSFERS OUT - CONTROL 797,300.00 797,300.00 477,000.00 320,300.00 59.83 TOTAL EXPENDITURES 1,047,500.00 1,047,500.00 501,037.01 546,462.99 47.83
TOTAL REVENUES 903,200.00 903,200.00 690,728.79 212,471.21 76.48 TOTAL EXPENDITURES 1,047,500.00 1,047,500.00 501,037.01 546,462.99 47.83 NET OF REVENUES & EXPENDITURES (144,300.00) (144,300.00) 189,691.78 (333,991.78)
Page 32 of 246 Treasurer/Finance Director’s Report to Council Page 7
Revenue:
• Revenue is higher than benchmark due to summer tax collection being substantially complete.
Expenditures:
• Transfers Out are slightly higher than benchmark due to transfers made for the Hudson Street Project.
Solid Waste Fund 226 Fund 226 - SOLID WASTE COLLECTION FUND
TOTAL REVENUES 594,500.00 594,500.00 101,204.83 493,295.17 17.02
248-ADMINISTRATION 12,700.00 12,700.00 2,727.08 9,972.92 21.47 528-SOLID WASTE 581,700.00 581,700.00 56,600.34 525,099.66 9.73 TOTAL EXPENDITURES 594,400.00 594,400.00 59,327.42 535,072.58 9.98
TOTAL REVENUES 594,500.00 594,500.00 101,204.83 493,295.17 17.02 TOTAL EXPENDITURES 594,400.00 594,400.00 59,327.42 535,072.58 9.98 NET OF REVENUES & EXPENDITURES 100.00 100.00 41,877.41 (41,777.41)
Revenue:
• Revenue is lower than benchmark due to the timing of utility billing.
Expenditures:
• All expenditure departments are within benchmark.
Sewer Fund 590 2017-18 YTD BALANCE AVAILABLE ORIGINAL 2017-18 09/30/2017 BALANCE % BDGT GL NUMBER BUDGET AMENDED BUDGET NORMAL (ABNORMAL) NORMAL (ABNORMAL) USED
Fund 590 - SEWER ENTERPRISE FUND
TOTAL REVENUES 1,573,200.00 1,573,200.00 303,994.90 1,269,205.10 19.32
248-ADMINISTRATION 90,700.00 90,700.00 21,405.08 69,294.92 23.60 548-SEWER UTILITIES DEPARTMENT 681,800.00 681,800.00 157,755.16 524,044.84 23.14 598-SAW GRANT 150,100.00 150,100.00 2,566.63 147,533.37 1.71 850-LONG-TERM DEBT 476,300.00 476,300.00 347,231.13 129,068.87 72.90 890-CONTINGENCIES 15,000.00 15,000.00 - 15,000.00 0.00 901-CAPITAL IMPROVEMENTS 245,500.00 245,500.00 52,000.00 193,500.00 21.18 TOTAL EXPENDITURES 1,659,400.00 1,659,400.00 580,958.00 1,078,442.00 35.01
TOTAL REVENUES 1,573,200.00 1,573,200.00 303,994.90 1,269,205.10 19.32 TOTAL EXPENDITURES 1,659,400.00 1,659,400.00 580,958.00 1,078,442.00 35.01 NET OF REVENUES & EXPENDITURES (86,200.00) (86,200.00) (276,963.10) 190,763.10
Page 33 of 246 Treasurer/Finance Director’s Report to Council Page 8
Revenue:
• Revenue is lower than benchmark due to the timing of utility billing.
Expenditures:
• Long Term Debt is higher than benchmark because the SRF principal payments are made in the fall.
Water Fund 591 2017-18 YTD BALANCE AVAILABLE ORIGINAL 2017-18 09/30/2017 BALANCE % BDGT GL NUMBER BUDGET AMENDED BUDGET NORMAL (ABNORMAL) NORMAL (ABNORMAL) USED
Fund 591 - WATER ENTERPRISE FUND
TOTAL REVENUES 885,800.00 885,800.00 255,229.68 630,570.32 28.81
248-ADMINISTRATION 83,400.00 83,400.00 21,243.34 62,156.66 25.47 556-WATER UTILITIES DEPARTMENT 450,600.00 450,600.00 124,309.32 326,290.68 27.59 850-LONG-TERM DEBT 254,000.00 254,000.00 175,224.52 78,775.48 68.99 890-CONTINGENCIES 15,000.00 15,000.00 - 15,000.00 0.00 901-CAPITAL IMPROVEMENTS 115,000.00 115,000.00 5,535.00 109,465.00 4.81 TOTAL EXPENDITURES 918,000.00 918,000.00 326,312.18 591,687.82 35.55
TOTAL REVENUES 885,800.00 885,800.00 255,229.68 630,570.32 28.81 TOTAL EXPENDITURES 918,000.00 918,000.00 326,312.18 591,687.82 35.55 NET OF REVENUES & EXPENDITURES (32,200.00) (32,200.00) (71,082.50) 38,882.50
Revenue:
• Although the timing of utility billing has caused that specific revenue to be below benchmark, total revenue is at benchmark due to several other items being at or higher than budget.
Expenditures:
• Long Term Debt is higher than benchmark because the DWRF principal payments are made in the fall.
Non-Major Funds: All non-major funds are within budget.
Page 34 of 246 Treasurer/Finance Director’s Report to Council Page 9
Cash Balances by Fund
General Ledger Bank & Balance Status of Name Account Name Purpose 09/30/17 Cash
General Fund - 101 Cash TCF Pooled General operating $ 1,477,257.94 Unrestricted Arts, Culture & Heritage TCF Pooled Reserved for Arts, Culture & Heritage $ 9,690.40 Restricted PNC Money Market PNC Bank Local Stabilization Act excess funds $ 355,771.35 Unrestricted Property Tax Savings TCF Property Tax Savings Clearing account for undistributed tax collections $ 118,913.18 Unrestricted Chelsea Bank CD Chelsea Bank General operating $ 258,654.35 Unrestricted Future Facility Improvements CD Ann Arbor State Bank Reserved for future building project $ 293,332.35 Restricted Petty Cash Office Small cash purchases $ 100.00 Unrestricted Cash Drawer #1 Office Cash Drawer $ 100.00 Unrestricted Cash Drawer #2 Office Cash Drawer $ 100.00 Unrestricted Traverse City State Bank CD Multi-Bank Securities General operating $ 249,000.00 Unrestricted Wells Fargo CD Multi-Bank Securities General operating $ 200,000.00 Unrestricted MBIA Class MBIA Class General operating $ 146,734.73 Unrestricted DTE Substation Removal MBIA Class Reserved for DTE substation removal project $ 145,159.70 Restricted Subtotal Unrestricted $ 2,806,631.55 Subtotal Restricted $ 448,182.45 Total General Fund $ 3,254,814.00
Major Streets Fund - 202 Cash TCF Pooled General operating for major streets activities $ 15,249.83 Unrestricted Subtotal Unrestricted $ 15,249.83 Subtotal Restricted $ - Total Major Streets Fund $ 15,249.83
Local Streets Fund - 203 Cash TCF Pooled General operating for local streets activities $ 15,260.47 Unrestricted Metro Act Account (Pooled) TCF Pooled Reserved for right of way activities $ 45,059.95 Restricted Subtotal Unrestricted $ 15,260.47 Subtotal Restricted $ 45,059.95 Total Local Streets Fund $ 60,320.42
Municipal Streets Fund - 204 Cash TCF Pooled Available for transfer to Major & Local Streets $ 445,243.52 Unrestricted Voluntary Public Parking TCF Pooled Available for public parking projects $ 12,000.00 Restricted Property Tax Savings TCF Property Tax Savings Available for transfer to Major & Local Streets $ 30,168.36 Unrestricted Subtotal Unrestricted $ 475,411.88 Subtotal Restricted $ 12,500.00 Total Municipal Streets Fund $ 487,911.88
Solid Waste Fund - 226 Cash TCF Pooled Available for solid waste activities $ 87,551.13 Unrestricted Property Tax Savings TCF Property Tax Savings Available for solid waste activities $ 215.52 Unrestricted Subtotal Unrestricted $ - Subtotal Restricted $ 87,766.65 Total Solid Waste Fund $ 87,766.65
Tree Replacement Fund - 275 Cash TCF Pooled Restricted for trees $ - Restricted Multi-Bank CD Multi-Bank Securities Restricted for trees $ 125,000.00 Restricted MBIA Class MBIA Class Restricted for trees $ 8,000.26 Restricted Subtotal Unrestricted $ - Subtotal Restricted $ 133,000.26 Total Tree Replacement Fund $ 133,000.26
Page 35 of 246 Treasurer/Finance Director’s Report to Council Page 10
General Ledger Bank & Balance Status of Name Account Name Purpose 09/30/17 Cash
Debt Service Fund - Streetscape Bond - 303 Cash TCF Pooled Tax collections for GO Bond payments $ 25,115.64 Restricted Property Tax Savings TCF Property Tax Savings Tax collections for GO Bond payments $ - Restricted Subtotal Unrestricted $ - Subtotal Restricted $ 25,115.64 Total Streetscape Bond Debt Service Fund $ 25,115.64
Debt Service Fund - Facilities Bond - 352 Cash TCF Pooled Restricted for Facilities Bond payments $ 114,500.00 Restricted Subtotal Unrestricted $ - Subtotal Restricted $ 114,500.00 Total Facilities Bond Debt Service Fund $ 114,500.00
Debt Service Fund - Road Bond - 353 Cash TCF Pooled Restricted for Road Bond payments $ 87,000.00 Restricted Subtotal Unrestricted $ - Subtotal Restricted $ 87,000.00 Total Road Bond Debt Service Fund $ 87,000.00
Equipment Replacement Fund - 402 Cash TCF Pooled Reserved for vehicle maintenance and purchase $ 62,440.29 Restricted Fire Dept Equipment Costs TCF Pooled Reserved for DAFD Capital Equipment $ 100,000.00 Restricted Subtotal Unrestricted $ - Subtotal Restricted $ 162,440.29 Total Equipment Replacement Fund $ 162,440.29
Sewer Enterprise Fund - 590 Cash TCF Pooled Sewer operating $ 3,004.79 Unrestricted Sewer Tap Fees Account TCF Pooled Sewer tap-in fees $ - Unrestricted Sewer Tap Fees Account PNC Bank Sewer tap-in fees $ 351,150.62 Unrestricted Property Tax Savings TCF Property Tax Savings Tax collections for delinquent utilities $ 146.48 Unrestricted Private Bank CD Multi-Bank Securities Sewer tap-in fees $ 50,000.00 Unrestricted Sewer Tap Fees Account Michigan Class Sewer/Water Sewer tap-in fees $ 53,962.74 Unrestricted Subtotal Unrestricted $ 458,264.63 Subtotal Restricted $ - Total Sewer Enterprise Fund $ 458,264.63
Water Enterprise Fund - 591 Cash TCF Pooled Water operating $ 2,071.87 Unrestricted Water Tap Fees Account TCF Sewer & Water Water tap-in fees $ - Unrestricted Water Tap Fees Account PNC Bank Water tap-in fees $ 220,664.92 Unrestricted Property Tax Savings TCF Property Tax Savings Tax collections for delinquent utilities $ 103.02 Unrestricted Private Bank CD Multi-Bank Securities Water tap-in fees $ 50,000.00 Unrestricted Water Tap Fees Account Michigan Class Sewer/Water Water tap-in fees $ 28,936.79 Unrestricted Subtotal Unrestricted $ 301,776.60 Subtotal Restricted $ - Total Water Enterprise Fund $ 301,776.60
Page 36 of 246 Treasurer/Finance Director’s Report to Council Page 11
General Ledger Bank & Balance Status of Name Account Name Purpose 09/30/17 Cash
Trust & Agency Fund - 701 Site Plan Review TCF Pooled Escrows for payment of development related fees $ 73,606.14 Restricted Performance Guarantees TCF Performance Guarantees Escrows for development bonds $ 133,209.66 Restricted Tree Escrow TCF Pooled Escrows for tree replacement - Restricted Luminary Account PCF Luminary Account Escrow for luminaries $ 3,421.40 Restricted Subtotal Unrestricted $ - Subtotal Restricted $ 210,237.20 Total Trust & Agency Fund $ 210,237.20
Current Tax Collection Fund - 703 Property Tax Savings TCF Property Tax Savings Tax collections for other units of government $ 92,828.81 Restricted Subtotal Unrestricted $ - Subtotal Restricted $ 92,828.81 Total Trust & Agency Fund $ 92,828.81
Retiree Health Care Fund - 736 Cash Mers Funds reserved for OPEB $ 1,160,066.83 Restricted Subtotal Unrestricted $ - Subtotal Restricted $ 1,160,066.83 Total Trust & Agency Fund $ 1,160,066.83
Payroll Fund - 750 Cash TCF Payroll Funds reserved for payment of accrued benefits $ 10,090.57 Restricted Bancorp Acct for FSA Bankcorp Funds reserved for payment of FSA charges $ 500.00 Restricted Subtotal Unrestricted $ - Subtotal Restricted $ 10,590.57 Total Trust & Agency Fund $ 10,590.57
Total Unrestricted $ 4,160,361.61 Total Restricted $ 2,501,522.00 Grand Total Cash $ 6,661,883.61
Summary of General Funds Available for Non-Operational Use
General Fund Unrestricted $ 2,806,631.55 15% Fundbalance (based on revenue budget) $ (491,130.00) Expected Revenue (based on budget) $ 776,852.54 Expected Expenditures (based on budget) $ (2,413,186.03) Available Unrestricted $ 679,168.06
Restricted for Streets $ 563,482.13
Restricted for Equipment $ 62,440.29
Restricted for Facilities $ 293,332.35
Restricted for Arts, Culture & Heritage $ 9,690.40
Restricted for Trees $ 133,000.26
Restricted for Fire Dept Capital Costs $ 100,000.00
Restricted for DTE Substation Removal $ 145,159.70
Page 37 of 246 PAGE LEFT INTENTIONALLY BLANK
Page 78 of 102 Page 38 of 246 Daniel Schlaff, Public Services Superintendent Two Week Report Ending October 15, 2015
DPW • Monthly inspections • Made rake holder & mounted on Leaf Machine • Worked on Kenworth • Fixed chains on Roller Trailer • Installed light bar on Leaf Machine • Got barricades ready for Apple Daze • Worked Homecoming Parade • Worked on sprinklers • Fixed floor on RTV • Worked on alleys • Leaves • Painted light poles • Sent in 4 light pole repairs to DTE • Cleaned downtown • Put down topsoil in park • Fixed valve in Peace Park • Went over grease points on leaf machine • Flags up and down • Tightened screws on boardwalk • Rolled millings at Breuningers • Swept • Cautioned off area for bees • Worked on leaf machine • Cleaned catch basins • Put out stop signs for power outage • Put up new wood chip sign • Blew leaves off of boardwalk and stairs • Worked on broom bid
WATER • Backwash: 10/04/2017 - 62,500 gals, 10/11/2017 - 60,000 gals • Morning rounds • Reads (final, beginning, NUBCO) • Miss Digs - 12 • Depth at well 5: 10/02/2017 - 27.2FT, 10/09/2017 - 26.6FT • The average water use for the week of 10/02 to 10/08 was 0.557 MGD • The average water use for the week of 10/09 to 10/15 was 0.503 MGD • Meter install - 1 • MXU'S - 2 • ROW inspections - 4 • Budget meeting • Attended the “The fundamentals of Activated Sludge” 3 day class • Flushed chlorine line and changed out the injector at the arsenic removal building • Shut water off and on for the plumber at 3638 Inverness • Completed Hydrant flushing in Dexter Crossings, Huron Farmers, the schools, and the Industrial Park • Flushed polyphosphate feed line and changed the injector and replaced the tube on the chemical feed pump at the 5th Well • Assisted contractor with curb box replacement on Cushing Ct • Shut down, turn on and flush water main on Victoria Way for hydrant relocating
Page 39 of 246 • WFB chlorine feed system maintenance • Monthly operating report to DEQ
WASTE WATER • NUBC site visit Cambrian foam over on 9-30 & 10-1 o Biweekly meter data o Processed and sent September flow data • Chlorinated activated sludge and hosed to control filamentous bloom • Received chemical deliveries chlorine and ferric chloride • Received WesTech clarifier drive units • Process pipe and equipment started drive replacement o Clarifier #3 ready for startup scheduled for week of 10-16 o Process pipe will begin Clarifier #1 after #3 is up and running • Raised 5- 4 inch low man holes with steel risers from EJ • Metro Environmental scheduled to clean lift stations on 11-7 • Kennedy Industries scheduled for annual pump service on 11-9 • Evaluate EQ basin pump station ability to feed WWTP in event of screw pump failure o Exercised valves and pulled pumps o Found grease build up and malfunctioning valve on Force Main and grit build up in Wet Well • Kennedy scheduled to evaluate valve week of 10-16 • Received cost of Industrial Pollution Prevention; annual monitoring is required o Currently preparing letters to send to Alpha Metals and NUBC stating the cost of this monitoring • Responded to power failures at Huron and Industrial Lift Stations after storm event o Both transfer switches failed to transfer when commercial power was restored • Reset SCADA after identifying frozen call out modem • Ordered portable sampler from Hach expect delivery in 4 to 6 weeks • Submitted WWTP monthly report to DEQ
Page 40 of 246 OFFICE OF COMMUNITY DEVELOPMENT 8140 Main Street Dexter, Michigan 48130-1092 (734) 580-2233 Fax (734) 426-5614
To: Mayor Keough and City Council Courtney Nicholls, City Manager
From: Michelle Aniol, Community Development Manager RE: Staff Report – October 9, 2017
Date: October 4, 2017 Master Plan Update • CWA has set up a Dexter page using the MI Community platform. The public will be able to go to https://www.micommunityremarks.com/dexter/ to put a comment on a map (of Dexter) or just share a comment. Participants will be able to see what others have posted and give a “thumbs- up” or “thumbs-down”. The online forum went live on October 7, 2017 and will be available through February 2018. As a reminder, CWA has built in a process for identifying residents vs non- residents. An announcement regarding MI Community Remarks will be distributed though the city’s email blast and city staff created a Master Plan Update page on the City’s website, to keep the public engaged throughout the process. • Walking Tours - CWA and staff will conduct the following walking tours of the Baker Road and Dexter-Ann Arbor Road corridors. A downtown tour though the old village neighbor is planned, as well: o Baker Road on October 26th from 5:00 to 6:30 pm. The walk will start at the Dexter Town Center at 5:00 pm and end at Aubree’s, where there will be conversation, as well as food and beverage (at your expense). o Downtown on October 28th from 10 am to noon. The walk will start at the Farmers’ Market, with stop at the Dexter Cider Mill and St. Joe’s. We will tour some of the alleyways in the old village, before ending the tour at the Gazebo, in Monument Park. o Dexter-Ann Arbor Road on October 30th from 5 to 7 pm. The walk will begin at Dexter Crossing Shopping Plaza, with a stop at Peace Park before working our way back. Costumes are encouraged and candy will be provided! Economic Development Strategy Update • The Economic Development Survey was distributed to all businesses, either by email or regular mail, on Thursday, Oct. 12th. According to Luke Bonner, we are experiencing a 15% response to the survey. A reminder was emailed to anyone that did not read or open the initial email. • Due to scheduling conflicts, we are rescheduling the Consensus Building Workshop. The following is a list of dates for the Consensus Building Workshop that the meeting room is available at the Library, and that work for our consultant: o Monday, December 4th o Thursday, December 7th o Friday, December 8th If you haven’t done so already, please let me know which dates work for you. The time is the same; 9 am – 4 pm. Thanks! • The following table identifies the tasks that have been completed, in process or yet to be started.
Page 41 of 246 CDM Report to City Council October 4, 2017 Page 2
Task Consultant Start Duration End Notes Status Date (# days) Date MP Update and ED Strategy Kickoff CWA/HWA 5-Sept 1 5-Sept Completed Meeting- Joint PC/CC Bonner Development of survey HWA/Bonner 5-Sept 21 26-Sept Completed questionnaire (EDS), with assistance of City staff and stakeholders. HWA electronic field survey released HWA 12-Oct 21 1-Nov Released Oct 12th; Reminder sent Oct 17th In process Economic and demographic base HWA 17-Oct 14 31-Oct Preliminary analysis completed today by In process analysis Deb Menk EMSI– in depth analysis to begin next week by Alivia Metts EMSI Conduct 3-5 one-on-one interviews HWA End of Prior to Consensus Building Worksession. Completed with business leaders - Sept CWA will be invited to attend these conversations.
Review of EDS survey results HWA and 31-Oct 1 31-Oct Results will be presented at 11-13 council In process staff meeting Preliminary industry sector and HWA 31-Oct 7 7-Nov Deb Menk to begin next week Not started cluster analysis Economic trends analysis HWA 31-Oct 7 7-Nov Need to include survey results and Not started demographic data in this analysis Workforce assessment HWA 31-Oct 7 7-Nov Preliminary review completed today – In process additional information needed from EMSI Consensus Building Session (HWA) HWA Dec 4, 1 CWA will be introduced as part of this Scheduling 7 or 8 session. CWA Will have opportunity to present introduce themselves and the purpose of the Master Plan, as well as to seek feedback, where appropriate. Economic growth strategies and HWA 18-Dec 42 18-Dec Will review with CWA prior to sending to the Not started recommendations: city and stakeholders for review. - Economic growth SWOT analysis - Draft economic development strategies and implementation plan
Page 42 of 246 CDM Report to City Council October 4, 2017 Page 3
Project Updates: • MC3 – Two Year landscaping inspection completed Oct 11th. • 7225 Dan Hoey Medical Office Building – Two year landscape inspection completed Oct 11th. • 2467 Bishop Cir E (Doors and Drawers) – Final zoning compliance and landscape inspection completed Oct 11th. • 2830 Baker Road – Final zoning compliance and landscape inspection completed Oct 11th. • Rainbow Child Care – Applicant submitted an Application for Land Division. • 150 Jeffords – Staff anticipates the final PUD site plan will be on Council’s November 13th agenda for consideration.
New Business Update: • Whitetail Farms has submitted an application for interior remodel and change of tenant for 3238 Broad Street. Whitetail Farms is a start-up home and lifestyle boutique business. Redevelopment Ready Communities Update • Accompanying this report you will find correspondence from MEDC welcoming the City of Dexter into the RRC Program. Our evaluation will more than likely take place after the first of the year. In the meantime, staff will review and share the materials and links provided by MEDC. LaFontaine Chevrolet • LaFontaine Chevrolet continues to look for a vehicle storage/sales area within the city. While there are a few vacant parcels that might have sufficient area to meet the needs of the company, the parcels are not planned nor zoned for outside vehicles storage/sales. A company representative inquired about the rezoning process for the vacant MAV parcel on Dexter Ann Arbor Road. Encore Theatre • The Encore Theatre informed the City Assessor that it had purchased the house at 3479 Central Street, as of September 28, 2017. In the Theatre’s correspondence to the Assessor, the question was asked about how to have the property removed from the tax roll because the Encore Theatre is a 501(c)3 non-profit corporation. The Assessor explained that ownership does not automatically make the property tax exempt. He further stated that according to the General Property Tax Act, 211.7N, the property must be owned and occupied by the non-profit entity. As such, until the building is actually used for the purposed for which it was purchased (i.e. housing for visiting actors/actresses and other production professionals) the property remains on the tax roll. He also informed Theatre representatives that he has until December 31, 2017 to make a determination regarding the taxation of the property. Staff also followed up with Encore representatives regarding their desired use of the property. As Council will recall (refer to Staff Report dated, September 25, 2017), the property at 3479 Central Street is zoned VR Village Residential. The type of housing desired by the Encore Theatre (i.e. temporary employment housing) is not listed as a principal or special use in the VR Zoning District, or any other zoning district. Staff explained the city’s process for considering uses that are not listed in the Zoning Ordinance (i.e. Section 3.07 Uses Not Otherwise Included within a District), prior to the Encore purchasing the property. Staff also reviewed various alternatives with Encore representatives, as well. Quarterly Report • The 1st quarter report is attached for your review and convenience.
Page 43 of 246 Memorandum TO: Dexter City Council
FROM: Brett Hanlon, MEDC Redevelopment Ready Communities Planner
DATE: October 6, 2017
RE: Welcome to Redevelopment Ready Communities®
I am pleased to welcome the city of Dexter to our growing list of communities participating in the MEDC’s Redevelopment Ready Communities program! Dexter’s engagement in the RRC process solidifies a partnership between the city and the MEDC; and together we will work to attract talent and business investment to the city.
Based on the number of communities awaiting a formal RRC evaluation, I estimate Dexter’s evaluation will take place in February 2018. The evaluation will result in a Report of Findings that includes recommended actions for achieving RRC certification. It will be informed by responses from your RRC self-assessment, planning elements contained within your city documents (e.g. plans, ordinances and website), and interviews with stakeholders in your community. After this report is complete, I would like to schedule a time to present our findings, preferably at a joint meeting or work session with you, your planning commission and any other partners you expect to be involved in the RRC process.
As Dexter awaits its report, the city should continue to take steps toward becoming a certified community. I have identified some items from the self-evaluation that may be good places to start. Those have been communicated to your Community Development Director. If you have not had an opportunity to review the resources available on our website, we encourage you to do so. Information on the RRC program, the certification process and guides to help the city achieve certification can be found at: http://miplace.org/communities/rrc.
We strongly encourage learning and borrowing examples from other communities who are engaged in our program such as Milan, Tecumseh and Pinckney, or one of our 13 certified communities including Ypsilanti, Ferndale and Roseville. As an RRC engaged community, you are part of a network of communities pursuing the same goals of increasing transparency, predictability and efficiency in the development process and through effective communication and collaboration with other local communities, Dexter can be instrumental in helping grow a strong regional economy.
Welcome to RRC and I look forward to working with you and your city staff throughout the process!
Sincerely,
Brett Hanlon, AICP
Page 44 of 246 City of Dexter 1st Quarter Report FY 2017-18 July 1-September 30, 2017
Planning & Zoning Processes . Development review activity during the first quarter of FY17-18 included the following:
o Aubree’s Amendment to Special Land Use Approval for Outdoor Seating o Dexter Pub Amendment to Special Land Use Approval for Outdoor Seating o Final PUD Site Plan for 150 Jeffords . One Zoning Ordinance Amendments was initiated by the City:
o Text Amendment to Article 5, Parking and Loading, Section 5.09 Dexter Crossing – Peters Building Co/Deputy Homes VICTORIA CONDOMINIUMS – Deputy Homes Preliminary Zoning Compliance 10 Final Zoning Compliance 3 Units Not Sold (Total Units) 24
SINGLE FAMILY – Peters Building Co Preliminary Zoning Compliance 6 Final Zoning Compliance 2 Vacant Lots (Total Lots Phases 6-8 = 76) 0
West Ridge of Dexter – Trowbridge Homes and IDG Properties
Final Zoning Compliance 0 Spec House (Trowbridge) 1 Vacant Lots 8
. 8 units (lots) remain in Westridge (Trowbridge 7; IDG Properties 1)
Old Village Neighborhoods
. Currently there are 9 vacant lots available for infill development in the old village.
Plan Reviews/Approvals and Other Development Activity . Tax Abatement Request from Doors and Drawers, approved by Council. . Aubree’s request to amend special land use approval for outdoor seating, approve by Council. . Dexter’s Pub request to amend special land use approval for outdoor seating, postponed by Planning Commission. Review to continue, with final action expected in 2nd quarter.
Page 1 10/18/2017 Page 45 of 246 City of Dexter Quarterly Activity Report YTD Total FY17-18 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr FY17-18 FY16-17 Total FY15-16 Total FY14-15 Total FY13-14* PERMITS Preliminary Zoning Compliance New Construction Single Family 6 6 12 13 15 44 Multiple Family 0 21 22 5 0 Commercial-Retail/Office 0 1 0 0 5 Industrial 0 0 0 0 Total 6 0 0 0 6 34 35 20 49 Additions 0 Residential 0 6 2 9 Non-residential 0 0 3 0 3 Total 0 0 0 0 0 9 2 12 6 Interior Remodel 0 Res 2 2 12 10 Non-res 2 2 9 19 Total 4 0 0 0 4 21 29 0 18 Exterior Remodel 0 Resident 0 2 3 2 Non-Resi 0 3 5 3 Total 0 0 0 0 0 3 8 5 Interior & Exterior Remodel 0 Res 1 1 2 6 2 Non-res 0 3 5 3 Total 1 0 0 0 1 5 11 5 Accessory Structures 0 2 4 2 5 Decks 2 2 16 11 16 27 Fence 2 2 12 12 12 3 Pool 0 2 3 2 Other Property Alteration 0 3 2 3 Total PZC permits 15 0 0 0 15 107 117 77 108
Final Zoning Compliance 0 New Construction 0 Single Family 2 2 10 15 10 31 Multiple Family 16 16 6 12 6 11 Com 0 1 2 1 4 Ind 0 0 0 0 Total 18 0 0 0 18 17 29 17 46 Additions 0 Residential 0 4 9 4 Non-residential 1 1 2 0 2 Total 1 0 0 0 1 6 9 6 1 Interior Remodel 0 Residential 0 13 16 13 Non-residential 1 1 9 9 9 Total 1 0 0 0 1 22 25 22 18 Exterior Remodel 0 Resident 0 0 0 0 Non-Resi 1 1 1 2 1 Total 1 0 0 0 1 1 2 1 Interior & Exterior Remodel 0 Residential 0 0 0 0 Non-residential 0 0 0 0 Total 0 0 0 0 0 0 0 0 Page 46 of 246 City of Dexter Quarterly Activity Report YTD Total FY17-18 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr FY17-18 FY16-17 Total FY15-16 Total FY14-15 Total FY13-14* PERMITS Accessory Structures 0 2 5 2 1 Decks 0 3 8 3 1 Fence 0 0 0 0 3 Other Prop Alterations 0 0 0 0 Total FCZ 21 0 0 0 21 51 78 51 116 Other Zoning Permits Change of Tenant 3 3 11 13 11 Demolition 1 1 17 20 17 2 Hawkers/ Peddlers 0 0 0 0 6 Home Occupations 0 0 0 0 0 Outdoor Seating 1 1 3 0 3 Signs 19 Building sign 2 2 11 15 11 Ground sign 0 4 3 4 temp pp 0 0 0 0 sandwich 0 3 0 3 47 temp commercial 4 4 9 7 9 main st banner 0 0 0 0 Total 6 0 0 0 6 27 25 27 66 ROW (new construction) 7 7 11 13 11 ROW (work in) 7 7 12 18 12 31 Temporary Special Event (Public Property) 0 0 0 0 Temporary Special Event/ Use/ Structure (Private Property) 1 1 14 15 14 3 Total Other Zoning Permits 26 0 0 0 26 95 104 95 108
Grand Total All Permits 62 0 0 0 62 253 299 223 332
* All interior and/or exterior remodeling was lumped together during these fiscal years.
Page 47 of 246 City of Dexter Quarterly Activity Report YTD Total FY17-18 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr FY17-18 FY16-17 Total FY15-16 Total FY14-15 Total FY13-14*
City of Dexter Quarterly Activity Report YTD YTD Total Total Total FY17-18 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr FY17-18 FY16-17 FY15-16 FY14-15 FY13-14* PLANNING AND ZONING PROCESSES Development Review PSP 0 3 0 0 FSP 0 3 0 1 0 CSP 0 3 2 1 1 SPA EX 0 2 0 1 SLU 0 4 1 1 2 PUD-AREA 0 1 1 1 1 PUD-PSPR 0 0 0 PUD-FSPR 1 1 1 0 Amend SPR/SLU/PUD 2 2 5 0 2 Admin SPR 0 1 1 0 Annexation 0 3 Land Division/Combo 0 2 1 2 1 TOTAL 3 0 0 0 3 28 6 7 7 Enforcements 1st notices 7 7 28 19 12 2nd notices 2 2 5 8 tickets issued 0 0 4 court dates 0 2 1 court orders 0 1 0 TOTAL 9 0 0 0 9 36 32 12 67 ZBA cases Residential 0 3 0 3 3 Non-Residential 0 4 2 3 1 TOTAL 0 0 0 0 0 7 2 6 4 Zoning Ord. Amendments Text 1 1 4 0 4 0 Map 0 0 1 1 0 TOTAL 1 0 0 0 1 4 1 5 0
REVENUE FY 17-18 1st Qtr. 2nd Qtr. 3rd Qtr. 4th Qtr. YTD Zoning Compliance Permits: $1,435.00 $1,435.00 ROW Fees: $2,260.00 $1,950.00 Development Review Fees: $1,950.00 $0.00 ZBA Fees: $0.00 $0.00
Page 48 of 246 OFFICE OF THE CITY MANAGER 8140 Main Street Dexter, Michigan 48130-1092 (734) 426-8303 Fax (734) 426-5614
Memorandum
To: Mayor Keough and City Council
From: Courtney Nicholls, City Manager Justin Breyer, Assistant to the City Manager
Re: City Manager/Assistant to the City Manager Report – Meeting of October 23, 2017
1. Meeting Review:
A. October 8th – Mill Creek Park Tour. Justin Breyer, Paul Evanoff and David Mindell (of Plantwise) attended the Professional Stewards Hike tour and hike in Mill Creek Park to discuss the Park’s development and ecology after the removal of the impoundment.
B. October 12th – Breakfast with the Budget
C. October 17th – Parks & Recreation Commission. During their meeting, the Parks and Recreation Commission recommended to City Council the adoption of a resolution supporting a grant application to MDOT/SEMCOG for the Transportation Alternatives Program (TAP) grant for Mill Creek Park Phase 2. The Commission also discussed the long-term maintenance of Mill Creek Park.
Upcoming Meetings:
A. October 23rd – Public Accuracy Test/Election Equipment Open House. Staff will be hosting an election equipment open house alongside the public accuracy test on October 23rd from 6 – 7 pm before the City Council meeting. The purpose of the open house will be to introduce the public to the new election equipment.
B. November 4th – City Office Open For Absentee Voting
C. November 7th – Election Day. Absentee ballots for the November election were mailed starting the week of September 18, 2017. The polls will be open from 7am – 8pm on Tuesday, November 7th. All City of Dexter voters will be voting at the Dexter Senior Center (7720 Ann Arbor St., Dexter, MI 48130). Residents may visit the Michigan Voter Information Center (https://vote.michigan.gov/mvic) to view a sample ballot, track the status of their absentee ballot, or verify their voter registration information.
2. General Updates:
A. Parking on Baker Road. Council Member Smith did not submit a written request to permanently block off the parking places on Baker at Forest. Staff will remove the barricades on Tuesday, October 24, 2017.
Page 49 of 246 B. City Internship. An internship opportunity with the City was advertised to graduate level Planning students at Eastern and U of M. Five applications were received and interviews are scheduled for the week of October 16th.
C. American Legion Signage. Several weeks ago, Council discussed a request from the American Legion to have entryway signage similar to that of the Rotary and Lions. Staff met with the Legion representative and plans to place the signage on an existing light pole near the public parking area at the Dexter Mill and on a new pole out in front of LaFontaine.
3. Updates to Ongoing Projects:
A. Public Utility Operator Position. The open position was posted on Tuesday, September 26, 2017. It was advertised in the Sun Times and on the websites for MML, mlive, Michigan Rural Water Association, Michigan Water Environment Association and the Michigan Chapter of the American Public Works Association. The position is “open until filled” with a first review of the applications on October 16, 2017. Four applications have been received. We will be scheduling interviews with the applicants within in the next few weeks.
B. SAW Grant. The implementation of our SAW Grant is continuing. The majority of the GPS points for the utilities have been identified. Ritter GIS is compiling the data into a map. OHM is working on the bid document for the sanitary sewer/storm sewer televising, which is the next task to be completed. The first disbursement request from the State of Michigan was submitted on October 13, 2017.
C. DTE Agreement. The Downtown Development Authority recommended approval of the DTE Agreement to City Council at their September meeting. ASTI is currently reviewing the agreement to provide guidance on the next steps from an environmental prospective. Once the final details are worked out between DTE and the City, it will be presented to Council for final approval.
D. Monument Park Building. Using the schematics provided in the last Council packet, Partners in Architecture provided additional detail that was used to request a build out estimate from AR Brouwer. This estimate is $90 to $110 per square foot. The currently vacant area of the former Dexter Family Dentistry is 2,350 square feet, so at the high end the build out for that space would be approximately $258,500.
E. Signage Replacement. The directional sign in the lot near the Beer Grotto and Dairy Queen has been updated to say City of Dexter and the panels have been removed for the businesses that are no longer in the area. The remaining signage that says Village includes the downtown parking lot signs, two downtown wayfinding signs, the clock, the Sheriff substation, the Wastewater Treatment Plant, the community garden sign and our vehicles. We would like to include a new community garden sign in the 18-19 budget, since it not only says Village, it also gives our old website address. Unless Council objects, we will change out the additional signage/decals over time as things are replaced.
Page 50 of 246 F. 2017 Concrete Project. Unfortunately we will be unable to complete the sidewalk project this year. Lacaria was unable to get to the community until October 20, 2017 and with the lateness of the season staff was not comfortable moving forward with the work. We will be bidding a project after the first of the year to use both the funds from this year and the funds in the projected budget for next year to do one large project from mid-June through the beginning of August 2018. Letters will be sent to the homeowners who received letters about the 2017 concrete project explaining the timing change.
G. SAW Grant. Council approved the Scope of Services from OHM to implement the SAW Grant on March 13, 2017. Ritter GIS started the utility mapping project on July 11, 2017 and have made excellent progress. Staff and OHM are now moving forward on preparing the bid for the cleaning and televising of the storm and sanitary sewer system. Our first disbursement request to the State was submitted the week of October 16th.
H. Dexter Crossing Signage/Tree Trimming. Several no parking and speed limit signs were not installed in Dexter Crossing in accordance with their final approved site plan. Staff has created a map of these locations and has sent out a letter to let the residents know that the signs will be installed this fall. We also included a notice about fall tree trimming in the area, to save on mailing costs. The sign locations have been staked and are currently going through the Miss Digg process. We expect that the signs will be installed the week of October 16th.
I. DPW Truck Sale. In accordance with the City’s purchasing ordinance and policy, the City will be posting for sale two old Department of Public Works trucks that have been replaced. The sales will be listed on the Michigan Intergovernmental Trade Network (MITN).
J. Marketing Video. The City’s marketing video contractor, M-1 Studios was in the City on Thursday, September 28th to film scenes for the marketing video. The team was able to capture a good amount of footage. Staff visited M-1 Studios along with Chuck Colby of the Encore Theater on Wednesday, October 18th to record the voiceover for the video.
K. Dexter Schools Interpretive Sign Proposal. Staff was contacted by Katie See, Principle of Wylie Elementary School on behalf of a group of Wylie teachers. The teachers are interested in developing an interpretive sign about Fredrick Pelham and the structures that he designed, as part of a research project that they would be doing with their students. Fredrick Pelham was the first African American to graduate from the University of Michigan in engineering and designed one or more of the train trestles in Dexter. Staff has invited the teachers and their students to attend a Parks and Recreation Commission meeting to present the proposed project.
L. Resident Handbook. One of the projects that Intern Sara Pizzo worked on during her time with the City was the development of a Resident Handbook, which provides detailed information about a variety of City services. Staff is working on collecting feedback on the draft Handbook in preparation for printing and
Page 51 of 246 mailing it to all addresses in the City. After an initial mailing, it would then be mailed to all new utility accounts.
M. First Street Park – Michigan Department of Natural Resources Recreation Passport Grant. The MDNR Trust Fund Board has released preliminary scores for the MDNR Recreation Passport Grant. The City applied to the grant program in April 2017 for improvements for First Street Park. The preliminary score for the City’s project was 140 out of 230 possible points. Staff submitted a response to the State’s preliminary evaluation and is hopeful that we will be successful in our grant application.
N. Contested NPDES 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 16 years. A hearing on the issue was held in October 2015. All of the post hearing briefs for the contested case were filed as of the end of December 2016. A decision was rendered August 30, 2017 that requires the City to conform to the phosphorous limits identified in the contested permit. On September 20, 2017 the attorney in the case will file a document called “exceptions to proposal for decision” which is the next step in the administrative review process. This exceptions document is used to point out areas where were the decision is incorrect legally or where the record is different factually than what the decision indicates. The State also has the opportunity to file a response. Once these responses have been submitted, the final decision on the case will be made by the Michigan Department of Environmental Quality Director. The Director can accept the decision of the administrative law judge, or reject it in whole or in part. The Director’s decision is then appealable to the Circuit Court.
O. 2017 Crack Seal Project. T & M Asphalt performed the routering and crack sealing treatment on Kensington that was approved by Council. This was a test area to see how this method compares to traditional crack seal. K & B Asphalt is scheduled to do the crack sealing of the cape seal streets yet this season.
P. Border to Border Trail Signage. In 2015 the Parks & Recreation Commission and City Council approved signage to guide Border to Border Trail users from the Dexter Huron Trail thru town to the Mill Creek Park/Hudson Mills Trail (and vice versa). Staff met with Washtenaw County Parks staff to confirm the locations. The signage will be provided by the County and placed by the DPW onto existing poles. It is anticipated to be ordered and installed by the end of November.
Q. Shared Code Enforcement Officer. Dexter Township Supervisor Harley Rider contacted me about the possibility of sharing the services of their Code Enforcement Officer. They have employed her for around one year and have been happy with her services. They are hoping that if she has additional hours of work, she will keep working for them long term. Staff is looking at the cost/benefit to determine whether to make this recommendation to Council at a future meeting.
R. Document Scanning. FutureNet picked up the documents on September 19, 2017. These documents include Council minutes and agenda packets, Parks and Recreation Commission minutes, and Planning Commission minutes.
Page 52 of 246
S. Electronic Agenda Packets. During the City Council’s goal setting sessions, Council has discussed the possibility of utilizing technology in implementing electronic agenda packets for some or all of Council. Staff provided a report to Council on September 11, 2017 detailing the estimated average costs of printing hard-copy agenda packets and a comparison of costs for switching members of City Council over to electronic agenda packets. Since the item was not budgeted, staff will wait to see how the fiscal year expenditures are going before making an implementation recommendation.
T. Lion’s Park. At their last meeting, the Parks and Recreation Commission recommended to City Council the installation of a stone-based sign at Lion’s Park. On Thursday, August 24th, staff met with Chris Timmis of the Dexter Schools at Lion’s Park to discuss this project as well as a desire by the Dexter Lion’s Club to donate a tree for the site. Superintendent Timmis indicated that he would further discuss the sign proposal with the School Board.
U. Election Commission Update. The Election Commission has discussed the creation of a third voting precinct beginning in 2018. With several planned upcoming development projects (3045 Broad, Grandview Commons), the two existing precincts will be imbalanced with regard to the number of voters in each precinct. The creation of the third precinct will eliminate the multiple ballot styles in precinct #1, prevent precinct #1 from becoming overloaded, and reduce the number of voters that must wait in line at the Senior Center.
On Tuesday, August 29th staff met with the Cedars of Dexter Executive Director Danielle Gauntlett about the possibility of using the Cedars’ clubhouse as the location for the third precinct. Ms. Gauntlett indicated that she would present the concept to the UMRC Board.
V. Shield Road Bridge Project. The Washtenaw County Road Commission is currently replacing the Shield Road Bridge. The road is expected to be re-opened by mid- October 2017. During the construction, the Road Commission discovered that a section of the old water main that was to be grouted by Lawrence Clark was not fully grouted. The OHM inspectors met on site with the Road Commission to determine the location of the ungrouted pipe. OHM believes that the grout hung up somewhere in the pipes as it was placed under the creek, causing the pipe to not fill completely with grout. OHM and Lawrence Clark have been in communication with the Road Commission to determine the best fix to resolve the issue.
W. Parks Ordinance Update. The Parks and Recreation Commission began discussion of the Parks section of the General Code of Ordinances at their May 16th meeting. Over the next few months the Commission will be reviewing this section of the ordinance for potential update recommendations.
X. Trail Town Plan. The Huron River Watershed Council has contracted with Carlisle- Wortman to develop a Trail Town Plan for each of the five Huron River Trail Town communities. Laura Kreps from Carlisle-Wortman presented a draft of the Plan to the Parks and Recreation Commission at their meeting on March 21st in order to
Page 53 of 246 gather feedback and further develop the Plan. Ms. Kreps will be working to revise the plan based on the feedback received. The Parks and Recreation Commission may, at some point, recommend adoption of the Plan to City Council as an addendum to the Parks and Recreation Master Plan.
Y. MLive Newspaper. The City has received complaints that MLive has been delivering their newspapers to the foot of residents’ driveways. The newspapers are then either being left where they were thrown, or blowing onto neighbor’s properties. Mlive has been contacted to stop this practice. If City Council witnesses these newspapers being left in City right-of-way, please take a picture and e-mail it to the City Office.
Z. Personnel Manual Update. Finance Director/Treasurer Marie Sherry has completed a draft update to the Personnel Manual; it is currently being reviewed by the City Manager. The document has not been updated since 2009. Once the draft is finished it will be presented to Council for consideration.
AA. Fee Schedule. Staff is working on creating a comprehensive fee schedule document. The goal is to. Staff’s goals with this document are: 1) update existing fees to match actual costs; 2) create a “one-stop-shop” document to cover fees charged in the general course of City operations; 3) present options for fees types that are in-line with other communities, including event support fees.
BB. Water Reliability Study. The Water Reliability Study has been submitted to the State. We are awaiting feedback from our MDEQ representative Pat Brennan.
CC. Current Tax Tribunal Cases. We currently have Tax Tribunal cases outstanding with:
Dexter Wellness Center (2014/2015 at the Court of Appeals; 2016 in abeyance at the Tax Tribunal, new case filed for 2017 that includes their personal property). See Item L-4.
Dexter Plaza (commercial area next to Busch’s). The valuation disclosure for the 2017 case is due on April 20, 2018.
DAPCO. Timing for the DAPCO case has not been determined.
4. Upcoming Council Committee Agendas:
A. 3045 Broad Redevelopment Team. See Item L-3
B. Utility Committee. The Utility Committee, representatives of F & V, and staff met with representatives from Northern United Brewing on Monday, August 21, 2017. Northern United provided an update on the implementation of the Cambrian system and described operational issues they are having due to lack of a sludge storage facility. A discussion was held about the draft ordinance language dealing with the idea of renting the capacity that they need. Staff has provided them an estimate based on their current usage. Northern United is expected to submit a letter with their comments within the next few weeks.
Page 54 of 246 Mayor Report Shawn Keough Prepared on October 18, 2017
Hello Everyone,
Here is my report of recent activities and my calendar of planned Dexter activities looking ahead:
Recent Activities October 10, 2017 – Fire Chief Evaluation – as part of my responsibilities on the Dexter Area Fire Board, I attended an initial meeting with Dexter Township Supervisor Harley Rider and Webster Township Trustee John Westman regarding the Fire Chief’s annual performance evaluation.
October 12, 2017 – Court of Appeals Ruling regarding Dexter Wellness Center (DWC) Tax Tribunal case - We were very disappointed to learn this past week of the recent Court of Appeals decision. The Court of Appeals did not find in favor of any of our cross-appeals, which we believe is highly inconsistent with how they have previously ruled on several similar unpublished cases. The Court of Appeals decision to reverse the Tax Tribunal recommendation (which was in the DDA’s favor) regarding the Dexter Wellness Center property will have a very harmful financial impact on the Dexter Downtown Development Authority. By finding in favor of the Chelsea Wellness Foundation (CWF) on their appeal, the Dexter DDA will now be required to subsidize that facility at a cost of over $110,000 per year in taxes. And that’s just the amount that impacts the DDA. In total, the CWF will be receiving over $300,000 annually in tax exemptions from multiple jurisdictions, including the City, County, Dexter Schools, and others if this decision holds.
The DDA and City will have to review this decision and decide what to do next. We may ask the Supreme Court to review this. This has been a long 4-year process and we have been holding the CWF taxes that they have paid in a separate account in case we were asked to return them, which we will obviously do timely once the tax tribunal procedurally directs us to do so. I would like the people of Dexter to know that at some point, this dispute will end and life will go on. No one has ever said that the City didn’t want the Dexter Wellness Center in Dexter…it is a nice new fitness center and it appears to have many members…but the City and DDA wanted them to pay their taxes on this redeveloped property like they initially agreed to do when they signed their lease of the facility in 2013. That is what this case has been all about. The DWC will certainly require services such as fire, emergency response and police support, among other services that come at a cost. The rest of the DDA district will end up paying that cost. For me, it simply doesn’t feel fair. But you win some and you lose some. The DDA and City fought for what we thought was fair…and so far, the Judges have disagreed.
October 13, 2017 - Fire Chief Evaluation – Dexter Township Supervisor Harley Rider, Webster Township Trustee John Westman and I completed the Fire Chief’s performance evaluation by meeting with Chief Smith.
Upcoming Activities October 18, 2017 – Dexter Business Summit with Ann Arbor Spark
October 19, 2017 – Dexter Downtown Development Authority meeting
October 19, 2017 – Dexter Area Fire Board meeting – we will be reviewing an updated draft of the draft budget for 2018 and hopefully approving the Collective Bargaining Agreement.
October 23, 2017 – City Council meeting
October 24, 2017 – Cub Scouts – I have been invited to meet with the 5th grade cub scout group. They are working toward a merit badge called “Building a Better World”.
October 26, 2017 – Dexter Community Fund Fundraiser at Null Taphouse
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I look forward to seeing you around our town.
Shawn Keough Mayor, City of Dexter [email protected] (313) 363-1434 (cell)
Page 56 of 246 SUMMARY OF BILLS AND PAYROLL 10/23/2017
Payroll Check Register 10/11/17 $40,768.34 Regular Pay
Employer Costs (FICA/MERS/ICMA) paid via 10/11/17 $4,397.28 Regular Pay electronic transfer
Account Payable Check Register $306,473.94
$351,639.56 TOTAL BILLS & PAYROLL EXPENDED ALL FUNDS
The due date column on the accounts payable worksheets represents the date of the Council meeting
ALL PAYABLES ARE WITHIN ACCEPTABLE BUDGET LIMITS EXCEPT AS NOTED BELOW DETAIL VENDOR LIST AND ACCOUNT SUMMARY PROVIDED
"This is the summary report that will be provided with each packet. Approval of the total bills and payroll expended, all funds will be necessary."
Page 57 of 246 10/18/2017 01:40 PM INVOICE APPROVAL BY VENDOR REPORT FOR CITY OF DEXTER Page: 1/2 User: erin EXP CHECK RUN DATES 10/18/2017 - 10/18/2017 DB: Dexter BOTH JOURNALIZED AND UNJOURNALIZED OPEN AND PAID BANK CODE: POOL Claimant Amount Claimed Amount Owed Amount Rejected 1. 44 NORTH 50.70 2. ARBOR SPRINGS WATER CO.INC 34.34 3. ASTI ENVIRONMENTAL SERVICES 2,450.00 4. AT&T 70.02 5. BARCO PRODUCTS COMPANY 392.30 6. BELL EQUIPMENT CO 63.10 7. CARLISLE-WORTMAN ASSOCIATES 420.00 8. CHELSEA DOOR CO INC 780.00 9. CHELSEA STATE BANK 5,985.00 10. CINTAS CORPORATION 1,777.52 11. COMCAST - DPW 142.80 12. CORRIGAN OIL COMPANY 981.84 13. COURTNEY NICHOLLS 31.56 14. CRIBLEY WELL DRILLING CO INC 15.00 15. CULLIGAN WATER CONDITIONING 174.43 16. DETROIT PUMP & MANUFACTURING 260.95 17. DEXTER AREA FIRE DEPARTMENT 172,459.50 18. DEXTER MILL 62.90 19. DTE ENERGY-STREET LIGHTING 6,137.80 20. EJ USA,INC. 2,119.58 21. ELHORN ENGINEERING CO 696.00 22. ELLIOT LEVELING, INC. 6,185.00 23. ETNA SUPPLY CO 175.55 24. FIFTH STREET DENTAL CARE 120.60 25. FREDRICKSON 1,506.13 26. GRAINGER 194.96 27. GRIFFIN PEST CONTROL INC 225.00 28. HART INTERCIVIC INC. 5,000.00 29. HWA ANALYTICS LLC 7,000.00 30. JOHNSON SIGN COMPANY, INC. 1,050.00 31. JUDY JOHNSON 92.54 32. LOWE'S BUSINESS ACCOUNT 51.30 33. MARIE A. SHERRY 310.67 34. MICHELLE ANIOL 721.98 35. MICHIGAN MUNICIPAL LEAGUE 64.20 36. MUNICIPAL CODE CORPORATION 742.88 37. MUNICODE 950.00 38. OLD NATIONAL BANK 7,612.50 39. ORCHARD, HILTZ & MCCLIMENT INC 51,398.30 40. PARAGON LABORATORIES INC 55.00 41. PARTNERS IN ARCHITECTURE, PLC 4,250.00 42. PARTS PEDDLER AUTO SUPPLY 693.59 43. PEAR SPERLING EGGAN & DANIELS , P.C 6,496.88 44. PNC 1,375.90 45. PRINTING SYSTEMS 144.78 46. PVS NOLWOOD CHEMICALS 4,384.02 47. RENIUS & RENIUS 2,620.00 48. RICOH 415.98 49. SITE ONE LANDSCAPE SUPPLY 170.76 50. STAPLES BUSINESS ADVANTAGE 396.45 Page 58 of 246 10/18/2017 01:40 PM INVOICE APPROVAL BY VENDOR REPORT FOR CITY OF DEXTER Page: 2/2 User: erin EXP CHECK RUN DATES 10/18/2017 - 10/18/2017 DB: Dexter BOTH JOURNALIZED AND UNJOURNALIZED OPEN AND PAID BANK CODE: POOL Claimant Amount Claimed Amount Owed Amount Rejected 51. THE SUN TIMES 270.25 52. THOMAS STRINGER 760.75 53. TIM STEWART 195.81 54. TRACTOR SUPPLY CREDIT PLAN 206.95 55. UNUM LIFE INSURANCE 544.31 56. US BANK CORPORATE TRUST 4,448.75 57. UTILITIES INSTRUMENTATION SERV 165.00 58. WASHTENAW COUNTY TREASURER 371.81
***TOTAL ALL CLAIMS*** 306,473.94
Page 59 of 246 10/18/2017 01:38 PM INVOICE GL DISTRIBUTION REPORT FOR CITY OF DEXTER Page: 1/6 User: erin EXP CHECK RUN DATES 10/18/2017 - 10/18/2017 DB: Dexter BOTH JOURNALIZED AND UNJOURNALIZED OPEN AND PAID BANK CODE: POOL
GL Number Inv. Line Desc Vendor Invoice Desc. Invoice Due Date AmountCheck # Fund 101 GENERAL FUND Dept 172 CITY MANAGER 101-172-722.000 LIFE & DISABILITY INSURANCEUNUM LIFE INSURANCE NOV 2017 10/17/17 10/23/17 126.17 101-172-861.000 TRAVEL & MILEAGE COURTNEY NICHOLLS EXPENSE REIMBURSEMENT 10/12/17 10/23/17 11.56 101-172-955.000 MISCELLANEOUS COURTNEY NICHOLLS EXPENSE REIMBURSEMENT 10/12/17 10/23/17 20.00 Total For Dept 172 CITY MANAGER 157.73 Dept 201 FINANCE DEPARTMENT 101-201-802.000 PROFESSIONAL SERVICES 44 NORTH FSA SERVCIES FEES 10/13/17 10/23/17 50.70 Total For Dept 201 FINANCE DEPARTMENT 50.70 Dept 210 ATTORNEY 101-210-810.000 ATTORNEY FEES PEAR SPERLING EGGAN & DANIELSLEGAL , P.C 131824 10/23/17 770.00 101-210-810.000 ATTORNEY FEES PEAR SPERLING EGGAN & DANIELSLEGAL , P.C 131980 10/23/17 5,499.38 101-210-810.000 ATTORNEY FEES THOMAS STRINGER LEGAL 1185 10/23/17 454.75 101-210-810.000 ATTORNEY FEES THOMAS STRINGER LEGAL 1187 10/23/17 306.00 Total For Dept 210 ATTORNEY 7,030.13 Dept 215 CITY CLERK 101-215-815.000 ORDINANCE CODIFICATION MUNICIPAL CODE CORPORATIONCODE OF ORDINANCES 295664 10/23/17 742.88 101-215-815.000 ORDINANCE CODIFICATION MUNICODE ANNUAL WEB HOSTING 00296301 10/23/17 950.00 101-215-901.000 PRINTING & PUBLISHING THE SUN TIMES HELP WANTED 51728 10/23/17 104.75 101-215-901.000 PRINTING & PUBLISHING THE SUN TIMES HELP WANTED 51757 10/23/17 104.75 101-215-901.000 PRINTING & PUBLISHING THE SUN TIMES PULIC NOTICE 51747 10/23/17 24.30 Total For Dept 215 CITY CLERK 1,926.68 Dept 253 TREASURER 101-253-722.000 LIFE & DISABILITY INSURANCEUNUM LIFE INSURANCE NOV 2017 10/17/17 10/23/17 36.50 101-253-861.000 TRAVEL & MILEAGE MARIE A. SHERRY EXPENSE REIMBURSEMENT 10-13-17 10/23/17 310.67 101-253-861.000 TRAVEL & MILEAGE PNC LODGING 4636E7 10/23/17 162.63 101-253-902.000 TAX BILL PRINTING & SERVICESPRINTING SYSTEMS TAX CHECKS 101532 10/23/17 144.78 101-253-958.000 MEMBERSHIPS & DUES PNC MEMBERSHIP 10/12/17 10/23/17 120.00 Total For Dept 253 TREASURER 774.58 Dept 257 ASSESSING DEPARTMENT 101-257-803.000 CONTRACTED SERVICES RENIUS & RENIUS OCTOBER 2017 10/12/17 10/23/17 2,620.00 Total For Dept 257 ASSESSING DEPARTMENT 2,620.00 Dept 262 ELECTIONS 101-262-901.000 PRINTING & PUBLISHING THE SUN TIMES PUBLIC NOTICE 51669 10/23/17 36.45 101-262-977.000 EQUIPMENT HART INTERCIVIC INC. ELECTION 070015 10/23/17 5,000.00 101-262-977.000 EQUIPMENT STAPLES BUSINESS ADVANTAGESUPPLIES 10/16/17 10/23/17 36.58 Total For Dept 262 ELECTIONS 5,073.03 Dept 265 BUILDINGS & GROUNDS 101-265-727.000 ARBOR SPRINGS WATER CO.INCOFFICE 1678296 10/23/17 34.34 101-265-727.000 OFFICE SUPPLIES PNC SUPPLIES 10/12/17 10/23/17 135.02 101-265-727.000 OFFICE SUPPLIES STAPLES BUSINESS ADVANTAGESUPPLIES 10/16/17 10/23/17 211.89 101-265-728.000 POSTAGE PNC MAILING 10/12/17 10/23/17 11.52 101-265-803.000 CONTRACTED SERVICES PNC WEBSITE DOMAIN RENEWAL 10/16/17 10/23/17 400.00 101-265-920.001 AT&T 424-1790 10/17/17 10/23/17 70.02 101-265-935.000 CINTAS CORPORATION DPW , WWTP, OFFICE 10/12/17 10/23/17 92.62 101-265-936.000 EQUIPMENT SERVICE CONTRACTSRICOH COPIER 5050575216 10/23/17 415.98 101-265-955.000 MISCELLANEOUS GRIFFIN PEST CONTROL INC8140 MAIN 1527735 10/23/17 225.00 101-265-970.000 CONTRACTED CAPITAL IMPROVEMENTSASTI ENVIRONMENTAL SERVICESWOOD SHED 31286H 10/23/17 2,450.00 Page 60 of 246 10/18/2017 01:38 PM INVOICE GL DISTRIBUTION REPORT FOR CITY OF DEXTER Page: 2/6 User: erin EXP CHECK RUN DATES 10/18/2017 - 10/18/2017 DB: Dexter BOTH JOURNALIZED AND UNJOURNALIZED OPEN AND PAID BANK CODE: POOL
GL Number Inv. Line Desc Vendor Invoice Desc. Invoice Due Date AmountCheck # Fund 101 GENERAL FUND Dept 265 BUILDINGS & GROUNDS Total For Dept 265 BUILDINGS & GROUNDS 4,046.39 Dept 301 LAW ENFORCEMENT 101-301-807.000 WASHTENAW COUNTY TREASURERBOARD OF REVIEW 900 10/23/17 371.81 Total For Dept 301 LAW ENFORCEMENT 371.81 Dept 336 FIRE DEPARTMENT 101-336-807.000 CONTRACTED PUBLIC SAFETY DEXTER AREA FIRE DEPARTMENT4TH QUARTER 10/12/17 10/23/17 172,459.50 101-336-935.000 BUILDING MAINTENANCE & REPAIRCHELSEA DOOR CO INC MAINTENANCE 10327 10/23/17 780.00 Total For Dept 336 FIRE DEPARTMENT 173,239.50 Dept 400 PLANNING DEPARTMENT 101-400-722.000 LIFE & DISABILITY INSURANCEUNUM LIFE INSURANCE NOV 2017 10/17/17 10/23/17 33.33 101-400-861.000 TRAVEL & MILEAGE MICHELLE ANIOL EXPENSE REIMBURSEMENT 10/13/17 10/23/17 491.93 101-400-955.000 MISCELLANEOUS MICHELLE ANIOL EXPENSE REIMBURSEMENT 10/13/17 10/23/17 230.05 101-400-960.000 EDUCATION & TRAINING PNC LODGING 44306 10/23/17 207.90 101-400-960.000 EDUCATION & TRAINING PNC LODGING 44254 10/23/17 207.90 Total For Dept 400 PLANNING DEPARTMENT 1,171.11 Dept 441 DEPARTMENT OF PUBLIC WORKS 101-441-721.000 HEALTH & DENTAL INSURANCE FIFTH STREET DENTAL CAREPATIENT: KURT AUGUSTINE 10/12/17 10/23/17 120.60 101-441-722.000 LIFE & DISABILITY INSURANCEUNUM LIFE INSURANCE NOV 2017 10/17/17 10/23/17 35.10 101-441-740.000 OPERATING SUPPLIES CRIBLEY WELL DRILLING CODPW INC 10/16/17 10/23/17 15.00 101-441-740.000 OPERATING SUPPLIES LOWE'S BUSINESS ACCOUNTDPW 10/12/17 10/23/17 51.30 101-441-740.000 OPERATING SUPPLIES STAPLES BUSINESS ADVANTAGESUPPLIES 10/16/17 10/23/17 147.98 101-441-745.000 UNIFORM ALLOWANCE CINTAS CORPORATION DPW , WWTP, OFFICE 10/12/17 10/23/17 547.68 101-441-745.000 UNIFORM ALLOWANCE TRACTOR SUPPLY CREDIT PLANSUPPLLIES 10/12/17 10/23/17 100.97 101-441-751.000 CORRIGAN OIL COMPANY DPW 6495097 10/23/17 114.61 101-441-751.000 CORRIGAN OIL COMPANY DPW 6491034 10/23/17 275.06 101-441-920.000 COMCAST - DPW DPW 10/16/17 10/23/17 142.80 Total For Dept 441 DEPARTMENT OF PUBLIC WORKS 1,551.10 Dept 442 DOWNTOWN PUBLIC WORKS 101-442-730.000 FARMERS MARKET SUPPLIES JOHNSON SIGN COMPANY, INC.FARMERS MARKET 4755 10/23/17 250.00 101-442-731.000 LANDSCAPE SUPPLIES JUDY JOHNSON DECORATIONS 10/12/17 10/23/17 92.54 101-442-802.000 PROFESSIONAL SERVICES JOHNSON SIGN COMPANY, INC.FARMERS MARKET 4755 10/23/17 800.00 Total For Dept 442 DOWNTOWN PUBLIC WORKS 1,142.54 Dept 447 ENGINEERING 101-447-830.000 ENGINEERING CONSULTING ORCHARD, HILTZ & MCCLIMENTSERVICES INC THRU 07/22/17 10/12/17 10/23/17 929.75 Total For Dept 447 ENGINEERING 929.75 Dept 448 MUNICIPAL STREET LIGHTS 101-448-920.003 UTILITIES - STREET LIGHTS DTE ENERGY-STREET LIGHTINGSTREETLIGHTING 10/12/17 10/23/17 6,137.80 Total For Dept 448 MUNICIPAL STREET LIGHTS 6,137.80 Dept 728 ECONOMIC DEVELOPMENT 101-728-802.000 PROFESSIONAL SERVICES HWA ANALYTICS LLC ECONOMICAL STATEGIC PLAN 110077 10/23/17 7,000.00 Total For Dept 728 ECONOMIC DEVELOPMENT 7,000.00 Dept 751 PARKS & RECREATION 101-751-722.000 LIFE & DISABILITY INSURANCEUNUM LIFE INSURANCE NOV 2017 10/17/17 10/23/17 5.66 101-751-740.000 OPERATING SUPPLIES BARCO PRODUCTS COMPANY DPW 65588 10/23/17 392.30 101-751-740.000 OPERATING SUPPLIES DEXTER MILL SUPPLIES 10/12/17 10/23/17 5.00 101-751-740.000 OPERATING SUPPLIES SITE ONE LANDSCAPE SUPPLYPageDPW 61 of 246 82945332 10/23/17 170.76 10/18/2017 01:38 PM INVOICE GL DISTRIBUTION REPORT FOR CITY OF DEXTER Page: 3/6 User: erin EXP CHECK RUN DATES 10/18/2017 - 10/18/2017 DB: Dexter BOTH JOURNALIZED AND UNJOURNALIZED OPEN AND PAID BANK CODE: POOL
GL Number Inv. Line Desc Vendor Invoice Desc. Invoice Due Date AmountCheck # Fund 101 GENERAL FUND Dept 751 PARKS & RECREATION Total For Dept 751 PARKS & RECREATION 573.72 Dept 901 CAPITAL IMPROVEMENTS 101-901-975.016 CAPITAL IMPROVEMENTS - FACILITIESPARTNERS IN ARCHITECTURE,DESIGN PLC 3714 10/23/17 1,500.00 101-901-975.016 CAPITAL IMPROVEMENTS - FACILITIESPARTNERS IN ARCHITECTURE,CONCEPT PLC PLAN 3713 10/23/17 2,750.00 Total For Dept 901 CAPITAL IMPROVEMENTS 4,250.00
Total For Fund 101 GENERAL FUND 218,046.57 Fund 202 MAJOR STREETS FUND Dept 445 STORMWATER 202-445-740.000 OPERATING SUPPLIES DEXTER MILL SUPPLIES 10/12/17 10/23/17 57.90 202-445-802.000 PROFESSIONAL SERVICES ORCHARD, HILTZ & MCCLIMENTSERVICES INC THRU 07/22/17 10/12/17 10/23/17 18,838.55 Total For Dept 445 STORMWATER 18,896.45 Dept 451 CONTRACTED ROAD CONSTRUCTION 202-451-975.018 SHIELD ROAD WATER MAIN PROJECTORCHARD, HILTZ & MCCLIMENTSERVICES INC THRU 07/22/17 10/12/17 10/23/17 442.50 Total For Dept 451 CONTRACTED ROAD CONSTRUCTION 442.50 Dept 463 ROUTINE MAINTENANCE 202-463-722.000 LIFE & DISABILITY INSURANCEUNUM LIFE INSURANCE NOV 2017 10/17/17 10/23/17 29.43 202-463-802.000 PROFESSIONAL SERVICES ORCHARD, HILTZ & MCCLIMENTSERVICES INC THRU 07/22/17 10/12/17 10/23/17 826.75 Total For Dept 463 ROUTINE MAINTENANCE 856.18 Dept 474 TRAFFIC SERVICES 202-474-722.000 LIFE & DISABILITY INSURANCEUNUM LIFE INSURANCE NOV 2017 10/17/17 10/23/17 9.06 202-474-802.000 PROFESSIONAL SERVICES ORCHARD, HILTZ & MCCLIMENTSERVICES INC THRU 07/22/17 10/12/17 10/23/17 6,025.50 Total For Dept 474 TRAFFIC SERVICES 6,034.56 Dept 478 WINTER MAINTENANCE 202-478-722.000 LIFE & DISABILITY INSURANCEUNUM LIFE INSURANCE NOV 2017 10/17/17 10/23/17 18.11 Total For Dept 478 WINTER MAINTENANCE 18.11
Total For Fund 202 MAJOR STREETS FUND 26,247.80 Fund 203 LOCAL STREETS FUND Dept 445 STORMWATER 203-445-802.000 PROFESSIONAL SERVICES ORCHARD, HILTZ & MCCLIMENTSERVICES INC THRU 07/22/17 10/12/17 10/23/17 174.00 Total For Dept 445 STORMWATER 174.00 Dept 451 CONTRACTED ROAD CONSTRUCTION 203-451-932.000 SIDEWALKS ELLIOT LEVELING, INC. SIDEWALKS 17-1204 10/23/17 6,185.00 203-451-932.000 SIDEWALKS ORCHARD, HILTZ & MCCLIMENTSERVICES INC THRU 07/22/17 10/12/17 10/23/17 1,338.00 Total For Dept 451 CONTRACTED ROAD CONSTRUCTION 7,523.00 Dept 463 ROUTINE MAINTENANCE 203-463-722.000 LIFE & DISABILITY INSURANCEUNUM LIFE INSURANCE NOV 2017 10/17/17 10/23/17 9.06 Total For Dept 463 ROUTINE MAINTENANCE 9.06 Dept 474 TRAFFIC SERVICES 203-474-722.000 LIFE & DISABILITY INSURANCEUNUM LIFE INSURANCE NOV 2017 10/17/17 10/23/17 2.26 Total For Dept 474 TRAFFIC SERVICES 2.26 Dept 478 WINTER MAINTENANCE 203-478-722.000 LIFE & DISABILITY INSURANCEUNUM LIFE INSURANCE PageNOV 2017 62 of 246 10/17/17 10/23/17 4.53 10/18/2017 01:38 PM INVOICE GL DISTRIBUTION REPORT FOR CITY OF DEXTER Page: 4/6 User: erin EXP CHECK RUN DATES 10/18/2017 - 10/18/2017 DB: Dexter BOTH JOURNALIZED AND UNJOURNALIZED OPEN AND PAID BANK CODE: POOL
GL Number Inv. Line Desc Vendor Invoice Desc. Invoice Due Date AmountCheck # Fund 203 LOCAL STREETS FUND Dept 478 WINTER MAINTENANCE Total For Dept 478 WINTER MAINTENANCE 4.53
Total For Fund 203 LOCAL STREETS FUND 7,712.85 Fund 204 MUNICIPAL STREETS Dept 598 SAW GRANT 204-598-802.000 PROFESSIONAL SERVICES ORCHARD, HILTZ & MCCLIMENTSERVICES INC THRU 07/22/17 10/12/17 10/23/17 7,529.25 Total For Dept 598 SAW GRANT 7,529.25
Total For Fund 204 MUNICIPAL STREETS 7,529.25 Fund 352 FACILITIES BOND DEBT SERVICE FUND Dept 850 LONG-TERM DEBT 352-850-996.004 '06 FACILITIES BOND INTERESTUS BANK CORPORATE TRUSTGO BOND 717951 10/23/17 4,448.75 352-850-996.012 2016 FACILITIES REFUNDING BONDOLD NATIONALINTEREST BANK FACILITIES BOND REFUNDING 10/12/17 10/23/17 7,612.50 Total For Dept 850 LONG-TERM DEBT 12,061.25
Total For Fund 352 FACILITIES BOND DEBT SERVICE FUND 12,061.25 Fund 353 ROAD BOND DEBT SERVICE FUND Dept 850 LONG-TERM DEBT 353-850-996.011 '14 ROAD BOND INTEREST CHELSEA STATE BANK STREET IMPROVEMENT BOND 10/12/17 10/23/17 5,985.00 Total For Dept 850 LONG-TERM DEBT 5,985.00
Total For Fund 353 ROAD BOND DEBT SERVICE FUND 5,985.00 Fund 402 EQUIPMENT REPLACEMENT FUND Dept 441 DEPARTMENT OF PUBLIC WORKS 402-441-939.000 VEHICLE MAINTENANCE & REPAIRSBELL EQUIPMENT CO DPW 0133489 10/23/17 63.10 402-441-939.000 VEHICLE MAINTENANCE & REPAIRSFREDRICKSON DPW 2536 10/23/17 1,506.13 402-441-939.000 PARTS PEDDLER AUTO SUPPLYDPW 10/13/17 10/23/17 693.59 402-441-939.000 VEHICLE MAINTENANCE & REPAIRSPNC DPW 10/16/17 10/23/17 14.40 402-441-939.000 VEHICLE MAINTENANCE & REPAIRSTRACTOR SUPPLY CREDIT PLANSUPPLLIES 10/12/17 10/23/17 105.98 Total For Dept 441 DEPARTMENT OF PUBLIC WORKS 2,383.20
Total For Fund 402 EQUIPMENT REPLACEMENT FUND 2,383.20 Fund 590 SEWER ENTERPRISE FUND Dept 548 SEWER UTILITIES DEPARTMENT 590-548-720.000 SOCIAL SECURITY & MEDICAREUNUM LIFE INSURANCE NOV 2017 10/17/17 10/23/17 6.91 590-548-722.000 LIFE & DISABILITY INSURANCEUNUM LIFE INSURANCE NOV 2017 10/17/17 10/23/17 136.91 590-548-740.000 OPERATING SUPPLIES CULLIGAN WATER CONDITIONINGWWTP 10/16/17 10/23/17 174.43 590-548-740.000 OPERATING SUPPLIES ETNA SUPPLY CO WWTP S102368752.001 10/23/17 175.55 590-548-740.000 OPERATING SUPPLIES PNC WWTP 1165048 10/23/17 10.38 590-548-742.000 CHEMICAL SUPPLIES - PLANT ELHORN ENGINEERING CO WWTP 271242 10/23/17 696.00 590-548-742.000 CHEMICAL SUPPLIES - PLANT PVS NOLWOOD CHEMICALS WWTP 569836 10/23/17 4,384.02 590-548-745.000 CINTAS CORPORATION DPW , WWTP, OFFICE 10/12/17 10/23/17 617.84 590-548-751.000 CORRIGAN OIL COMPANY WWTP 64991033 10/23/17 234.82 590-548-803.004 SEWER INVESTIGATION & REPAIREJ USA,INC. WWTP 110170088064 10/23/17 1,188.85 590-548-803.005 SEWER LINE MAINTENANCE EJ USA,INC. WWTP 110170088014 10/23/17 147.98 590-548-955.000 MISCELLANEOUS PNC JOB POSTING 10/12/17 10/23/17 99.00 Total For Dept 548 SEWER UTILITIES DEPARTMENT 7,872.69 Dept 598 SAW GRANT Page 63 of 246 10/18/2017 01:38 PM INVOICE GL DISTRIBUTION REPORT FOR CITY OF DEXTER Page: 5/6 User: erin EXP CHECK RUN DATES 10/18/2017 - 10/18/2017 DB: Dexter BOTH JOURNALIZED AND UNJOURNALIZED OPEN AND PAID BANK CODE: POOL
GL Number Inv. Line Desc Vendor Invoice Desc. Invoice Due Date AmountCheck # Fund 590 SEWER ENTERPRISE FUND Dept 598 SAW GRANT 590-598-802.000 PROFESSIONAL SERVICES ORCHARD, HILTZ & MCCLIMENTSERVICES INC THRU 07/22/17 10/12/17 10/23/17 8,291.25 Total For Dept 598 SAW GRANT 8,291.25
Total For Fund 590 SEWER ENTERPRISE FUND 16,163.94 Fund 591 WATER ENTERPRISE FUND Dept 556 WATER UTILITIES DEPARTMENT 591-556-722.000 LIFE & DISABILITY INSURANCEUNUM LIFE INSURANCE NOV 2017 10/17/17 10/23/17 91.28 591-556-728.000 POSTAGE PNC MAILING 10/16/17 10/23/17 7.15 591-556-740.000 OPERATING SUPPLIES DETROIT PUMP & MANUFACTURINGWWTP 1047830 10/23/17 260.95 591-556-740.000 OPERATING SUPPLIES GRAINGER WWTP 803284736 10/23/17 194.96 591-556-741.000 ROAD REPAIR SUPPLIES EJ USA,INC. WWTP 110170088064 10/23/17 237.77 591-556-745.000 CINTAS CORPORATION DPW , WWTP, OFFICE 10/12/17 10/23/17 519.38 591-556-751.000 CORRIGAN OIL COMPANY WWTP 6495096 10/23/17 357.35 591-556-802.000 PROFESSIONAL SERVICES ORCHARD, HILTZ & MCCLIMENTSERVICES INC THRU 07/22/17 10/12/17 10/23/17 66.50 591-556-824.000 TESTING & ANALYSIS PARAGON LABORATORIES INC591556824 42155-102828 10/23/17 55.00 591-556-861.000 TRAVEL & MILEAGE TIM STEWART MILEAGE 10/16/17 10/23/17 195.81 591-556-901.000 PRINTING & PUBLISHING MICHIGAN MUNICIPAL LEAGUEWEBSITE 16058 10/23/17 64.20 591-556-937.000 EQUIPMENT MAINTENANCE & REPAIRUTILITIES INSTRUMENTATIONWWTP SERV 530351864 10/23/17 165.00 Total For Dept 556 WATER UTILITIES DEPARTMENT 2,215.35 Dept 901 CAPITAL IMPROVEMENTS 591-901-974.001 OTHER CAPITAL IMPROVEMENTSEJ USA,INC. WWTP 110170085186 10/23/17 544.98 Total For Dept 901 CAPITAL IMPROVEMENTS 544.98
Total For Fund 591 WATER ENTERPRISE FUND 2,760.33 Fund 701 TRUST & AGENCY FUND Dept 000 ASSETS, LIABILITIES & REVENUE 701-000-254.000-ANNEXPETERSPR - PETERS BLDG ANNEXATIONORCHARD, HILTZ & MCCLIMENTSERVICES INC THRU 07/22/17 10/12/17 10/23/17 6,936.25 701-000-254.000-MILLCREEK5SPR - MILL CREEK TERRACE CARLISLE-WORTMAN ASSOCIATES150 JEFFORDS 2145999 10/23/17 420.00 701-000-254.000-MILLCREEK5SPR - MILL CREEK TERRACE PEAR SPERLING EGGAN & DANIELS150 JEFFORDS , P.C 131489 10/23/17 227.50 Total For Dept 000 ASSETS, LIABILITIES & REVENUE 7,583.75
Total For Fund 701 TRUST & AGENCY FUND 7,583.75
Page 64 of 246 10/18/2017 01:38 PM INVOICE GL DISTRIBUTION REPORT FOR CITY OF DEXTER Page: 6/6 User: erin EXP CHECK RUN DATES 10/18/2017 - 10/18/2017 DB: Dexter BOTH JOURNALIZED AND UNJOURNALIZED OPEN AND PAID BANK CODE: POOL
GL Number Inv. Line Desc Vendor Invoice Desc. Invoice Due Date AmountCheck #
Fund Totals: Fund 101 GENERAL FUND 218,046.57 Fund 202 MAJOR STREETS FUND 26,247.80 Fund 203 LOCAL STREETS FUND 7,712.85 Fund 204 MUNICIPAL STREETS 7,529.25 Fund 352 FACILITIES BOND DEBT SERVICE FUND 12,061.25 Fund 353 ROAD BOND DEBT SERVICE FUND 5,985.00 Fund 402 EQUIPMENT REPLACEMENT FUND 2,383.20 Fund 590 SEWER ENTERPRISE FUND 16,163.94 Fund 591 WATER ENTERPRISE FUND 2,760.33 Fund 701 TRUST & AGENCY FUND 7,583.75
Total For All Funds: 306,473.94
Page 65 of 246 PAGE LEFT INTENTIONALLY BLANK
Page 78 of 102 Page 66 of 246 OFFICE OF THE CITY MANAGER 8140 Main Street Dexter, Michigan 48130-1092 (734) 426-8303 Fax (734) 426-5614
Memorandum
To: Mayor Keough and City Council
From: Courtney Nicholls, City Manager
Re: Headworks/Tertiary Treatment Project
Date: October 23, 2017
Provided for Council’s review is an updated design scope from F & V for the headworks/tertiary treatment project. Scott Munzel has reviewed and approved the contract, with the changes shown as redlines. Revisions since the last meeting including the following: - Increased payment terms to 30 days - Modified indemnification language to state that indemnification is provided as allowed by state law. Local governments are prohibited from providing indemnification in most instances, which is why we asked that the language clearly state that it is only to the point allowable by law. - Removed sentence in liability section limiting damages to the amount of the contract because it does not pertain to this contract. - Changed venue of disputes to Washtenaw County
The requested additional documentation of the calculation of hours has also been provided. Notes provided by F & V to accompany the document are as follows:
Attached is the Level of Effort (LOE) Spreadsheet that we used to create the budget. To help with your review, there are few items that may look odd and need to be explained: ➢ Item 1.0- Project Management / Maintain Design Schedule: This entails my PM effort that in reality gets spread over the three design phase. My efforts will include design memos, design team meetings, leadership and coordination with design staff, tracking progress, Project Status Updates to the City on a weekly or biweekly basis, monitoring budgets, etc. ➢ Line Items 1.4 & 2.3.b- Topographic Survey: Our survey department only provides lump sum budgeting. In our hourly breakdown previously provided we estimated their hours. As shown below. ➢ Line Items 1.7.a, 2.3.a. & 3.2.a- Mechanical & Plumbing: The budget for our mechanical & plumbing subconsultant, ThermalTech (TT), is evenly spread over the three design phases. Like survey, we estimated their hours, as shown below. ➢ Below is a snapshot the expanded calculation of Hours per Design Phase that was previously provided to the City on 9/27/2017. F&V hours are shown in Column B, TT’s hours are estimated in Column C, and Survey’s hours are estimated in Column D. They all add up to the Total Hours presented previously in Column E.
Page 67 of 246
Staff has been working on ideas for a more cost effective solution if the remaining screw pump goes down during design/construction. Through this effort we determined that it is likely we can use the equalization basin pump station to get the flow into the WWTP. This will require modification to the piping at the plant. The engineers are currently reviewing the idea and if it is a workable solution staff will move ahead with getting bids for implementation. This would minimize the impact of the screw pump going down and could also be helpful during construction.
Public Services Superintendent Dan Schlaff and Sewer Lead Operator Eric Hartman traveled to Leslie Michigan on Tuesday, October 17, 2017 to see their tertiary treatment system. This project was not completed by F & V but it does use the equipment that is a candidate to be used in our project. Leslie WWTP is comparable in size to Dexter with an average flow of 0.35 MGD. Leslie installed a screen style filter disk in 2012 to improve their tertiary treatment system, giving them 88% phosphorous removal. The other disk filter under consideration uses a fabric media. Utilities staff is planning to call comparable facilities that have installed this style, as the closest one to Dexter is over three hours away.
The funding for this design work will come out of cash reserves in the sewer fund, until it is reimbursed with the issuance of the construction bond. In the Treasurer/Finance Director’s 1st quarter report, the sewer fund shows a cash balance of $458,000. This balance is lower than the ending balance of June 30, 2017 ($722,000) mainly due to the principal payments on our SRF bonds which were paid in September and the payment for the painting of the clarifiers. The total amount of the payment from the sewer fund for the principal payments and the clarifier painting was $319,000. This use of cash early in the fiscal year will be made up over the course of the rest of the year, as utility bill payments are received.
If cash flow becomes a concern, we can make temporary cash transfers from other available cash reserves in water/equipment/general fund until the revenues in sewer catch up with the expenses.
Council is asked to approve the Professional Services Agreement with Fleis & Vandenbrink Engineering for an amount not to exceed $402,900.
Page 68 of 246 PROFESSIONAL SERVICES AGREEMENT
FLEIS & VANDENBRINK ENGINEERING, INC. 2960 Lucerne Drive SE, Grand Rapids, Michigan 49546 P: 616.977.1000 F: 616.977.1005
This Professional Services Agreement (“PSA”) is entered into between Fleis & VandenBrink Engineering, Inc. (“Engineer”) and the City of Dexter, whose address is 8140 Main Street, Dexter, Michigan 48130, (“Owner”) where Engineer agrees to provide services for Owner and Owner agrees to pay Engineer, all in accordance with the terms of this PSA.
DESCRIPTION OF PROJECT AND SCOPE OF SERVICES: The description of the Project (“Project”) and the scope of services (“Services”) provided under this PSA is as follows: Design and Bid Phase Engineering Services for improvements to the Wastewater Treatment Plant Headworks and Tertiary Filtration System. The Scope of Services is identified in the attached Exhibit 1.
AGREEMENT DOCUMENTS: All obligations covered under this PSA are governed by the Agreement Documents, which specifically include this PSA and all of the following documents, which are all incorporated herein by reference: Engineer’s proposal / letter dated September 27, 2017.
COMPENSATION OF ENGINEER: This contract is an Hourly Fee contract plus 1.1 times reimbursable expenses with a Not To Exceed Fee of $402,900.00.
Authorized additional services will be provided on an hourly basis plus 1.1 times reimbursable expenses unless otherwise negotiated.
Owner shall Pay Engineer for all Services and reimbursable expenses on a monthly basis or as otherwise stated herein which shall be due and payable within thirty fifteen (3015) calendar days of presentation of the invoice. Invoices shall be past due fifteen (15) calendar days after presentation, and shall then incur interest at the rate of _7__% per annum, or the highest rate permitted by law, whichever is lower. Reimbursable expenses include the cost of subconsultants.
PAYMENT. If Owner fails to make any payment when due, Engineer may suspend performance of Services hereunder until all past due amounts and accrued interest are paid. Engineer shall have no liability of any type as a result of suspension of services caused by Owner’s failure to pay. The suspension of Services shall not limit any other remedy available to Engineer.
If Owner objects to any portion of an invoice, Owner shall notify Engineer in writing within seven (7) calendar days of presentation. Owner shall identify the disputed charges and shall pay when due that portion of the invoice not in dispute. If the disputed amount of the invoice is resolved in Engineer’s favor and not paid by the invoice due date, interest as stated in the agreement shall be paid by Owner on the disputed amount from the original due date.
The Owner’s Payment of Engineer’s invoices shall not be subject to any right of setoff, and payment shall be due regardless of suspension or termination of this Agreement by either party. If any payment obligation is not paid when due, Owner agrees to pay all costs of the collection, including actual attorney’s fees through all levels of appeal, whether or not a legal proceeding for collection is commenced as part of the collection process.
OWNER REPRESENTATIVE. The Owner’s representative for this Project shall be the City Manager who shall have complete actual authority on behalf of the Owner and its governing body to make all decisions in connection with the PSA.
OWNER RESPONSIBILITIES. The Owner shall timely furnish, at the Owner's expense, all information, requirements, reports, data, surveys and instructions required by this Agreement. The Engineer may use such information, requirements, reports, data, surveys and instructions in performing its services and is entitled to rely upon the accuracy and completeness thereof. The Engineer shall not be held responsible for any errors or omissions that may arise as a result of erroneous or incomplete information provided by the Owner and/or the Owner's Engineers and contractors.
CHANGES. For all services that were completed due to changes to the Description of the Project and/or the Scope of Services, Engineer shall be paid by Owner on an hourly basis at Engineer’s customary hourly rates, plus 1.1 times reimbursable expenses, unless otherwise negotiated. If the construction period extends beyond the contracted period in the Scope of Services or the contracted completion date, all services of Engineer thereafter shall continue to be performed and shall be paid by Owner on an hourly basis plus 1.1 times reimbursable expenses. Owner understands and accepts that field techniques and analytical capabilities are evolving and that the standards and regulations are subject to rapid change such that currently acceptable investigative approaches and techniques may become superseded after the time of the signing of this PSA. Such changes will constitute changed conditions requiring adjustment in the Services and Engineer’s Compensation.
DELAYS. Engineer shall not be responsible to Owner for any delay of any type or kind unless caused in whole by Engineer.
CONSULTANTS. Engineer may engage Consultants and subcontractors to perform, in its sole discretion, all or any portion of the Services.
COST ESTIMATES. Engineer has no control over the costs of labor and material for construction or over competitive bidding and market conditions. All cost estimates provided by Engineer are based on Engineer’s experience and are considered opinions of probable cost. Engineer does not warrant the accuracy of any cost estimate. If project costs exceed the Owner’s expectations and the Owner decides to re-design or re-bid any or all portions of the Work, all re-design, re-bid or other services provided by Engineer shall be paid by Owner on an hourly basis at Engineer’s customary hourly rates, plus 1.1 times reimbursable expenses.
INDEMNITY. Owner and Engineer indemnify each other to the extent permitted by State Law. Owner indemnifies, defends and holds harmless Engineer and its agents, consultants and employees, from and against any claim, injury, damage, cost, expense or liability, regardless of the legal theory, including actual attorneys’ fees, whether arising before, during or after completion of Services performed under the PSA, caused by, arising out of, resulting from or occurring in connection with the performance of the Services or any activity associated with the Services, whether or not caused in part by the active or passive negligence or other fault of Engineer excepting only injury to person or damage to property caused by the sole negligence of Engineer. In the case of claims against Engineer or any of its consultants, agents or employees by anyone for whose acts Owner may be liable, this indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable under workers’ compensation acts and/or disability benefit acts. This indemnity includes, but is not limited to, any claims resulting from interpretation of or changes to the documents prepared as a result of this PSA. This indemnity survives termination of this PSA.
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In addition to the indemnity provided herein by Owner, Owner shall indemnify to the extent permitted by law and hold harmless Engineer and its officers, directors, partners, agents, employees and consultants from and against any and all claims, costs, losses, and damages (including but not limited to all fees and charges of Engineer, architects, attorneys and other professionals, and all court, arbitration, or other dispute resolution costs) caused by, arising out of, relating to or resulting from any and all environmental contamination on the Project.
Engineer, to the extent covered by insurance, indemnifies, defends and holds harmless Owner and its agents and employees, from and against any claim, injury, damage, cost, expense or liability, arising out of or relating to the Services provided by Engineer for the Project, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or injury to or destruction of tangible property other than the work itself, but only to the extent caused solely by any negligent act or omission of Engineer or Engineer’s officers, directors, partners, employees or consultants.
To the fullest extent permitted by law, a party’s total liability to the other party under the terms and conditions of this PSA including any indemnity, as well as to anyone claiming by, through or under the other party, for any cost, loss, or damages caused in part by the negligence of the party and in part by the negligence of the other party, and any other negligent entity or individual, shall not exceed the percentage share that the party’s negligence bears to the total negligence of all of the responsible parties.
PERFORMANCE STANDARDS. The Engineer shall perform its services consistent with the professional skill and care ordinarily provided by other engineers performing similar services in the same or similar locality under the same or similar circumstances. The Engineer shall perform its services as expeditiously as is consistent with such skill and care and the orderly progress of the Project.
MUNICIPAL ADVISOR. Engineer’s services do not include (1) serving as a “municipal advisor” for purposes of the registration requirements of Section 975 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (2010) or the municipal advisor registration rules issued by the Securities and Exchange Commission, or (2) advising Owner, or any municipal entity or other person or entity, regarding municipal financial products or the issuance of municipal securities, including advice with respect to the structure, timing, terms, or other similar matters concerning such products or issuances.
LIMITATION OF LIABILITY. Engineer shall not be liable for any claim, damage, cost, expense or other liability not directly and solely caused by negligent acts, errors or omissions of Engineer. The total liability of Engineer under any legal theory whatsoever, in the aggregate, as well as any claimed liability of Engineer’s officers, directors, employees, or agents or consultants, for any claims arising out of the PSA, shall not exceed the total amount of available insurance proceeds in response to Owner’s claim. Engineer currently maintains an annual per claim Liability policy in the amount of $4.0 million dollars and an aggregate insurance policy for Professional Errors and Omissions in the amount of $5.0 million dollars.
Engineer makes no warranties, express or implied, with respect to the Services under the PSA, and disclaims any liability for implied warranties of any type or kind, including but not limited to implied warranties of fitness or merchantability, and disclaims any liability for special or consequential damages of any type or kind. Within these limitations, Engineer shall not be liable in any way for errors, omissions or negligence unless caused by the sole and exclusive negligence of Engineer. For all PSAs which involve multiple projects or general consultations, or various services for various projects over a period of time, liability shall not exceed the fee actually paid by the Owner for the particular Services on the specific Project or consultation or assignment which forms the basis of the claimed liability and any statute of limitations shall commence upon the completion of the task giving rise to the claim, not the last unrelated service provided under the PSA for general consultation services. To the extent that Engineer may be found liable under the terms of this paragraph, and only to such extent, Engineer’s liability shall not exceed the percentage share of Engineer’s responsibility.
INSURANCE. Upon Owner’s request, Engineer will furnish Owner with a written statement of insurance coverage. No oral representations regarding insurance shall be binding.
SITE ACCESS. Owner shall be solely responsible for obtaining all site access, easements, and permission from third party property owners for Engineer to access the site to perform the Services herein. Owner is solely responsible for any claims arising from the disturbance of surface or subsurface soil or water conditions caused by the performance of Engineer’s Services, excepting damages caused by the sole negligence of Engineer. Engineer will take reasonable precautions to avoid damage to underground structures and utilities. Owner indemnifies Engineer from any damage caused by or to underground structures and utilities not called to Engineer’s attention, all in accordance with the indemnity provisions herein. Owner shall provide Engineer with a list of all known hazardous substances on site and a list of protective measures in case of exposure, all in compliance with the current Federal, State and Local Right to Know laws and Federal Hazard Communication Standards. SHOP DRAWINGS AND SUBMITTALS. If shop drawing or submittal review is part of the Services Engineer provides, Engineer will review the shop drawings and submittals only for conformance with the design concept of the project and compliance with the Contract Documents. Unless specifically indicated in writing, this PSA does not include the preparation of record drawings.
CONSTRUCTION PHASE SERVICES. Unless specifically included in the Scope of Services, there are no construction phase services as part of this PSA. It is agreed that the Engineer’s services under this Agreement do not include project observation, review of the Contractor’s performance or any other construction phase services. The Owner assumes all responsibility for all construction phase services including, but not limited to:
Submittal review and approval; Contract document interpretation; Site observations; Change order review and approval; Review and approval of contractor payment applications; Certificates of substantial and final completion; Preparation and disposition of punch lists; Responding to contractor requests for information; Administration of any operational and maintenance and training including collection operational and training manuals.
The Owner waives any claims against the Engineer that may be in any way connected with the Owner’s decision not to retain the Engineer to performance construction phase services. The Owner agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Engineer, its Formatted: Underline officers, directors, employees and consultants (collectively, Engineer) against all damages, liabilities or costs, including reasonable attorneys’ fees and defense costs, arising out of or in any way connected with the performance of such services by other persons or entities and from any and all claims arising from modifications, clarifications, interpretations, adjustments or changes made to the Contract Documents to reflect changed field or other conditions.
The Owner, the Owner’s contractors or subcontractors, or anyone for whom the Owner is legally liable shall assume full responsibility for the results of any changes made to the Contract Documents during construction. The Owner agrees to waive any claims against the Engineer and to release the Engineer from any liability arising directly or indirectly from such changes.
REJECTION OF WORK. In the event that the Scope of Services includes construction phase services in the form of site observation, then Engineer shall have the authority to reject any work which is not, in the judgment of the Engineer, in conformance with the Contract Documents, Plans and Specifications. Neither this authority nor Engineer’s good faith judgment to reject or not reject any work shall subject Engineer to any liability or cause of action to any contractor, subcontractor, supplier, or Owner on the Project.
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SPREAD OF CONTAMINATION. Owner understands and agrees that Engineer shall not be responsible for any claims or damages which may arise as a result of or from the spread of contamination caused by drilling, sampling or any other activity unless such spread or contamination is substantially caused by the negligence of Engineer. To the extent that Engineer may be found liable under the terms of this Paragraph, and only to such extent, Engineer’s liability shall not exceed the percentage share of Engineer’s responsibility.
FAILURE TO ENCOUNTER HAZARDOUS MATERIALS. Owner understands that the failure to discover hazardous materials does not guarantee that; (1) hazardous materials do not exist at the project site, and/or (2) that a non-contaminated site may later become contaminated. Although Engineer will use reasonable care and a level of skill ordinarily exercised by members of the profession currently practicing in the city, municipality or political subdivision where the Project is located under similar conditions, Owner agrees that Engineer shall not be responsible for the failure to detect the presence of hazardous materials through techniques and practices commonly used for those purposes.
PERMITS AND APPROVALS. Unless otherwise specifically stated in the Scope of Services, obtaining permits and approvals for the Project is the responsibility of the Owner. For an additional fee, Engineer may assist the Owner provided the assistance shall consist of completing and submitting forms as to the results of certain work included in the Scope of Services and the assistance does not include special studies, special research, attendance at meetings with public authorities, special testing or special documentation not normally required for similar projects. If Engineer participates in any way with any permitting process, Engineer provides no guaranty or warranty that any permits or approvals will be provided. Owner shall pay Engineer for all fees and reimbursable expenses under this PSA regardless of the outcome of approval or denial of permits or other approvals.
ADA AND CODE COMPLIANCE. The Americans with Disabilities Act (“ADA”) provides that alterations to a facility must be made in such a manner that, to the maximum extent feasible, the altered portions of the facility are accessible to persons with disabilities. The Owner acknowledges that the requirements of the ADA will be subject to various and possibly contradictory interpretations. To the extent applicable, the Engineer will use its reasonable professional efforts and judgment to interpret applicable ADA requirements and other federal, state and local laws, rules, codes, ordinances and regulations as they may apply to the Project. The Engineer does not warrant or guarantee that the Project will comply with all interpretations of the ADA requirements and/or the requirements of other federal, state and local codes, rules, laws, ordinances and regulations as they may apply to the Project. Owner shall pay Engineer its customary hourly fees plus 1.1 times reimbursable expenses for any design changes made necessary by newly enacted laws, codes and regulations, or changes to any existing laws, codes or regulations after the date that this PSA is last signed by the parties.
WAIVER. No delay on the part of any party hereto in the exercise of any right or remedy shall operate as a waiver of such right or remedy and a waiver on any one (1) occasion shall not be construed as a bar to or a waiver of any subsequent breach of the same or any other provision of the agreement on a future occasion. No waiver by Engineer of any breach by Owner of a provision of this PSA shall be deemed a waiver of any other provision hereof or of any subsequent breach by Owner of such provision.
ENFORCEABILITY. This agreement shall be binding upon the parties hereto and their respective successors and assigns.
SEVERABILITY. In the event that any one (1) or more provisions contained in the agreement shall be declared invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions of the agreement shall not be affected or impaired.
OWNERSHIP OF INSTRUMENTS OF SERVICE. Engineer’s documents prepared pursuant to this PSA, including those in electronic format, are instruments of service. All reports, plans, specifications, computer files, field data, notes and other documents prepared by Engineer as instruments of service shall remain the property of Engineer. Engineer shall retain all common law, statutory and other reserved rights, including the copyright thereto and all other intellectual property rights. Owner shall not use or permit the use of said documents on any other project. Owner fully indemnifies, to the fullest extent permitted by law, Engineer against any and all claims for unauthorized use.
TERMINATION: This PSA may be terminated by either party upon seven (7) calendar days’ written notice. Upon termination, Engineer shall be paid by Owner for all Services performed up to the notice of termination, as well as all costs necessary to demobilize from the site.
DISPUTE RESOLUTION: In the event of a dispute arising out of or relating to this Agreement or the services to be rendered hereunder, the Owner and the Engineer agree to attempt to resolve such disputes in the following manner: First, the parties agree to attempt to resolve such disputes through direct negotiations between the appropriate representatives of each party. Second, if such negotiations are not fully successful, the parties agree to attempt to resolve any remaining dispute through mediation using a mediator agreed upon between both parties. Owner and Engineer agree to participate in the mediation process in good faith. The process shall be conducted on a confidential basis, and shall be completed within 120 days. If such mediation is unsuccessful in resolving a Dispute, then the parties may (1) mutually agree to a dispute resolution of their choice, or (2) either party may seek to have the Dispute resolved by a court of competent jurisdiction. The venue for a court resolution will be WashtenawKent County, Michigan.
NO THIRD PARTY BENEFICIARIES. There are no third party beneficiaries to this PSA and the Services provided herein are exclusively for the direct benefit of the Owner indicated above. Owner shall ensure that all other agreements relating to this project reflect that there are no third party beneficiaries to this PSA.
ASSIGNMENT. This is a professional services contract and is non-assignable without the express written consent of Engineer.
MISCELLANEOUS. No additional or contrary terms, whether contained in an order, acknowledgment, or other document from Owner, shall be binding upon Engineer unless agreed to in writing signed by an authorized representative of Engineer, and Engineer expressly rejects all such additional or contrary terms as may be contained in Owner’s documents. The terms in this PSA will have precedence over any other terms expressed by the Owner’s authorization process such as a purchase order. Engineer’s performance is conditioned on Owner’s unmodified consent exclusively to this PSA. Engineer shall have the right to correct any errors, whether clerical or mathematical, which are contained in this PSA. Unless otherwise specifically indicated in writing or otherwise required by law and paid for by Owner, there are no Performance or Payment bonds required on this Project. This PSA shall be binding upon and shall inure to the benefit of the parties hereto and their successors and permitted assigns. This PSA shall be governed by the laws of the State of Michigan. This contract sets forth the entire agreement between Engineer and Owner. This is a fully integrated contract.
ELECTRONIC/FACSIMILE SIGNATURES. The signatures on this PSA shall be deemed to be original signatures when transmitted electronically or by facsimile machine or by any other medium. No party shall be required to produce a PSA with an original signature in order to enforce any provision of this PSA.
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Page 71 of 246 IN WITNESS WHEREOF, the parties hereto have made and entered into this PSA. To be valid, this PSA must be signed by an authorized representative of Fleis & Vanderlin Engineering, Inc.
OWNER ENGINEER CITY OF DEXTER FLEIS & VANDENBRINK ENGINEERING, INC.
By: By: Courtney Nicholls Paul R. Galdes, P.E. Title: City Manager Title: President Date: Date:
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Page 72 of 246 City of Dexter, Michigan
Level of Effort Spreadsheet F&V Services for 2018 WWTP Improvements
PROFESSIONAL ENGINEERING SERVICES Labor Rates $179 $162 $144 $128 $129 $128 $115 $114 $102 $86 $86
Pugh, J Harvey, D Preston, S Schumaker, C Selover. B Moxey, J Venema, E Gibbs, D Bishop, S Benjamin, J Hawks, E Tanis, D Schultz, A Maurice, K Sr Eng Mgr Sr Eng Item Task Estimate Sr Eng Mgr II O&M Mgr Eng Mgr II Proj Mgr II Arch III Engineer II Engineer II Tech II Sr EngTech Eng. EIT Adm II Exp $ - 0 0 0 0 0 0 0 0 0 0 0 $ - A 30% Design Submittal $ 108,006.00 18 221 16 48 27 30 155 49 164 100 52 $ 25,700.00 1.0 Project Management / Maintain Design Schedule $ 21,504.00 120 24 $ 200.00 1.1 Attend two funding coordination meetings $ 5,920.00 16 2 20 2 $ 350.00 1.2 Conduct Kickoff Meeting (Agenda, Meeting Minutes) $ 5,082.00 12 8 16 1 2 $ 200.00 1.3 Basis of Design Report (hydraulic calcs, GPSx, written description) $ 11,748.00 4 12 24 6 60 12 $ 200.00 1.4 Topographic Design Survey (1 trips) $ 1,364.00 4 2 4 $ 12,700.00 1.5 Review existing mapping, utilities (electric, gas, phone, cable, water, etc $ 1,644.00 4 2 8 1 $ 100.00 1.6 Drawing of existing WWTP $ 3,530.00 1 8 24 $ 100.00 1.7 Prepare 30% Preliminary Design Drawings $ 49,246.00 2 60 16 24 24 80 48 120 40 4 $ 100.00 a. Mechanical & Plumbing (ThermalTech) 33% $ 486.00 3 $ 11,000.00 1.8 Prepare outline of specifications $ 1,141.00 2 3 2 1 1 $ 50.00 1.9 Submit 30% Design (BODR, Drawings, Spec Outline) $ 1,259.00 1 3 4 4 $ 500.00 1.10 Conduct 30% Design Review Meeting (Agenda, Meeting Minutes) $ 5,082.00 12 8 16 1 2 $ 200.00 $ - $ - B. 60% Design Submittal $ 93,701.00 8 99 39 14 66 35 167 80 171 96 21 $ 37,900.00 2.1 Geotechnical Investigation $ 1,440.00 4 1 1 2 2 1 $ 17,600.00 2.2 Update Basis of Design Report $ 5,748.00 2 6 16 4 24 4 $ 200.00 2.3 Prepare 60% Preliminary Design Drawings $ 61,362.00 2 60 32 40 24 100 60 160 40 4 $ 1,000.00 a. Mechanical & Plumbing (ThermalTech) 33% $ - $ 11,000.00 b. Topographic Design Survey (2 trips) $ - $ 6,600.00 2.4 Prepare 60% Preliminary Design Specifications $ 13,312.00 4 6 24 8 24 16 32 4 $ 200.00 2.5 Prepare 60% Construction Costs $ 2,480.00 4 2 2 6 4 2 $ 100.00 2.6 Submit 60% Design (BODR, Drawings, Specs, Costs) $ 1,259.00 1 3 4 4 $ 500.00 2.7 Conduct 60% Design Review Meeting (Agenda, Meeting Minutes) $ 5,082.00 12 8 16 1 2 $ 200.00 2.8 Internal QC of 60% Design $ 3,018.00 6 12 $ 500.00 $ - $ - C 95% & 100% Final Design $ 102,755.00 11 78 48 12 58 58 174 92 214 123 22 $ 13,838.00 3.1 Update and finalize BOD Report $ 3,829.00 1 1 4 12 3 15 $ 200.00 3.2 Prepare 95% Preliminary Design Drawings & Specifications $ 57,162.00 2 32 32 32 32 100 60 160 40 8 $ 1,000.00 a. Mechanical & Plumbing (ThermalTech) 33% $ - $ 11,000.00 3.3 Prepare 95% Construction Costs $ 2,480.00 4 2 2 6 4 2 $ 100.00 3.4 Submit 95% Design (BODR, Drawings, Specs, Costs) $ 2,662.00 1 8 2 12 4 $ 200.00 3.5 Conduct 95% Design Review Meeting (Agenda, Meeting Minutes) $ 5,082.00 12 8 16 1 2 $ 200.00 3.6 Perform QC of 95% design $ 4,672.00 8 20 $ 300.00 3.7 Incorporate all comments, prepare 100% Bid Set Documents $ 22,244.00 6 16 24 24 32 28 48 8 4 $ 600.00 3.8 Regulatory Permitting: $ - $ - a. MDEQ Part 41 Construction Permit $ 4,624.00 2 48 2 $ 238.00 $ - $ - Bid Phase $ 17,943.00 0 28 0 0 0 0 41 0 38 0 56 $ 3,057.00 4.0 Project Management $ 2,592.00 16 $ - 4.1 Advertise Project for Bids, call contractors $ 851.00 1 3 4 $ - 4.2 Document distribution, maintain planholders list $ 2,906.00 2 6 24 $ 2,000.00 4.3 Conduct Prebid Meeting $ 1,740.00 4 8 2 $ 200.00 4.4 Answer Contractor Questions / Issue Addenda $ 2,586.00 1 8 8 8 $ 200.00 4.5 Attend Bid Opening, Bid Tabulation, Review Bids, Rec of Award ltr $ 2,084.00 4 8 6 $ 200.00 4.6 Notice of Award, Assemble Contracts. Review bonds & COI $ 1,770.00 1 8 8 $ 300.00 4.7 Prepare CTC Documents $ 3,414.00 1 4 24 4 $ 157.00 $ - $ - $ - 0 0 0 0 0 0 0 0 0 0 0 $ - $ - 0 0 0 0 0 0 0 0 0 0 0 $ - $ - 0 0 0 0 0 0 0 0 0 0 0 $ - Totals $ 322,405.00 37 426 103 74 151 123 537 221 587 319 151 $ 80,495.00
Hourly Rate $179 $162 $144 $128 $129 $128 $115 $114 $102 $86 $86 Labor Services $6,623.00 $69,012.00 $14,832.00 $9,472.00 $19,479.00 $15,744.00 $61,755.00 $25,194.00 $59,874.00 $27,434.00 $12,986.00
Total Labor, F&V $ 322,405 Expenses, F&V $ 80,495 SubTotal F&V Base Fees $ 402,900
Total All Fees $ 402,900
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Page 78 of 102 Page 74 of 246 OFFICE OF THE CITY MANAGER 8140 Main Street Dexter, Michigan 48130-1092 (734) 426-8303 Fax (734) 426-5614
Memorandum
To: Mayor Keough and City Council
From: Courtney Nicholls, City Manager
Re: Consideration of: Pre-Development Agreement with Norfolk Homes for Redevelopment of 3045 Broad
Date: October 13, 2017
Provided for Council’s review is the draft Pre-Development Agreement with Norfolk Homes for the redevelopment of 3045 Broad. The 3045 Broad Redevelopment Team interviewed three development teams and chose Norfolk as the team with which they wished to move forward.
The Downtown Development Authority will consider making a recommendation to Council on this agreement at their October 19, 2017 meeting. Any comments received from the DDA, along with the result of their vote will be shared at the Council meeting.
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CITY OF DEXTER DOWNTOWN REDEVELOPMENT OPPORTUNITY PRE-DEVELOPMENT AGREEMENT
THIS PRE-DEVELOPMENT AGREEMENT (“Agreement”), made and entered into this ____ day of , 2017 (the “Effective Date”), by the City of Dexter, a Michigan municipal corporation (the “City”), and Norfolk Development Corporation, a Michigan corporation d/b/a Norfolk Homes, on behalf of an entity to be formed, (the “Developer”). (The City and Developer shall be known singularly as a Party or together as the Parties.) Recitals A. The City owns four parcels of land equaling approximately three acres, including what is commonly known as 3045 Broad Street, 8077-8087 Forest Street, and 8090 Grand Street (08-08-06-280-001, 08-08-06-280- 024, 08-08-06-280-025, 08-08-06-280-002)(the “Property”). B. The City desires that the Property be redeveloped to meet several goals. First, to provide an owner-occupied residential environment to add diversity in housing options within the City, recognizing that a viable, healthy residential market is of primary importance to the overall health and vitality of the community. Second, preserve and strengthen the existing character of the downtown area as an historic, pedestrian-scaled community, with traditional site and architectural designs which create an aesthetically memorable place containing vibrant streetscapes and community spaces. Third, incorporate common design elements, such as architecture, streetscape, signage, and landscaping that promote the continuation of the downtown theme for downtown redevelopment projects. Fourth, expand the downtown core in a manner that supports and encourages walkability, and adds mixed-use, high-density residential and retail/commercial uses in and within close proximity to the downtown (the “Project”). C. The City has engaged in a process to select a developer who the City believes has the experience, interest and financial capability to successfully undertake and complete the Project, the exact nature of which would involve creating a consensus for the Project between the Developer and the City after adequate public input. D. The Developer, Norfolk Homes, has presented the City with its qualifications and has introduced its team to the City, including, but not limited to Quinn Evans Architects, as its architecture team member, Midwestern Engineering, as its civil engineer and SME, as its environmental team member, and the City finds the Developer’s team members to be uniquely qualified, talented, and skilled in their specific industries.
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E. To pursue the potential development of the Property with the Project, the City and the Developer agree to enter in to this Agreement.
Agreement
In consideration of the mutual promises and covenants contained below, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the City and Developer agree as follows: 1. Exclusive Option to Pursue the Project: For a term of four (4)at least six (6) months after the Effective Date (the “Option Period”), the Developer shall have the exclusive right and ability to pursue the Project and the Property, and undertake the Project Evaluation outlined below; and the City agrees that it shall not solicit for contracts, enter into any contracts, or negotiate for any contracts with any person or entity for any development or improvements on the Property during the Option Period. In consideration for said Option, the Developer shall remit to the City the sum of twenty five thousand dollars ($25,000)[MA1] on the Effective Date (“the Option Price”). In the event that the City and Developer may enter into a development agreement, the Developer shall receive a credit for the Option Price against the final sale price of the Property. In the event that this agreement is terminated on a material default by the Developer, the Option Price shall be forfeited to the City as liquidated damages. In the event that this agreement is terminated by mutual agreement, the City shall return the Option Price to the Developer, less the City’s actual out-of- pocket costs related this agreement and its requirements, including, but not limited to, engineering fees and professional fees. In the event that this agreement is terminated on a material default of the City, the Option Price shall be returned to the Developer in its entirety, plus any actual out-of- pocket cost related this agreement and its requirements, including, but not limited to, engineering fees and professional fees. 2. Option Period Extension. a). In the event Developer needs to extend the Option Period, City agrees to grant an additional ninety (90) day extension period, from the end of the original Option Period. If Developer is making active progress towards obtaining conceptual plans, studies and pro forma (s). Said extension period shall be will be granted upon satisfaction of the City that the Developer is making progress. 1.3. Project Evaluation: The City and Developer shall undertake the following actions during the Option Period: a). The City and Developer shall jointly participate in a project kick-off meeting to review and discuss the public meeting process and to begin the project evaluation process. The intent of the kick-off meeting is to establish 1) a thorough understanding of the citywide and downtown influences that will shape the final plan, 2) a working
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knowledge of the site opportunities and constraints, 3) an understanding of previous public input, and 4) the process for obtaining additional public input. b). Following the kick-off meeting, the City and Developer shall jointly plan and organize a collaborative design event. The goal of the collaborative design event will be to produce a series of diagrammatic plan concepts that respond to the community’s needs and desires, and that the Developer will then use to prepare a Conceptual Development Plan. Preparation and presentation of the Conceptual Development Plan shall be undertaken will the full involvement of the public and community stakeholders. The purpose of the collaborative design event will be to solicit community input on the Project with the goal of integrating such input into the creation of a Concept Development Plan that is consistent with the City's vision for the Property and is financially viable for the marketplace and the Developer. The City and Developer will mutually 1) develop the agenda for the Charrette, and 2) determine the information to be included on the Conceptual Development Plan. c). The actual costs to undertake the public meetingscollaborative design event will be paid by Developer. d). The City shall be responsible for promoting the collaborative design event. e). The collaborative design event shall be subject to the Open Meetings Act. a). The City and the Developer shall jointly organize and participate in at least one (1) public meeting regarding the potential site plan, uses, and design of the Project. The City and the Developer shall use their best efforts to schedule the first of said public meeting(s) to take place no later than November 30, 2017. If deemed necessary by one or both of the parties, up to two (2) subsequent meetings may occur on a schedule agreed upon by the parties. The purpose of the public meeting(s) is to assess the community’s and the City’s preferences and concerns related to the Project with the goal of creating a development plan or plans that will be consistent with the City’s vision for the Property, and successful in the marketplace for the Developer (the “Development Plan(s)”). The Development Plan(s) shall include a site plan depicting the layout and arrangement of the building(s) on the Property, the uses within the Project, and façade design and architectural details of the building(s). b). The actual costs to undertake the public meetings will be paid by Developer. The City will attempt to assist the Developer in minimizing such costs, for instance by providing meeting space;
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however, the City is under no obligation to provide any particular assistance. The public meetings shall be subject to the Open Meetings Act. c).f). The City and Developer shall jointly evaluate the results of the public meetingscollaborative design event and determine how best to integrate the community’s feedback to the extent such objectives are consistent with the City’s vision for the Project and are financially viable for the marketplace and the Developer. If at the conclusion of the Option Period, the Developer and the City determine that one or more of the Conceptual Development Plan(s) meet their respective goals, If the collaborative design event process results in a consensus for the Conceptual Development Plan,[r2] the developer shall have the opportunity to apply for Final Planned Unit Development review, in accordance with Articles 19 and 21 of the City of Dexter Zoning Ordinance, at the conclusion of the Option Period. If, at any time, the Developer concludes, in its sole discretion, the results indicate that the successful development of the Property is unlikely for any reason, the Developer may terminate this Agreement with no further obligation or liability on the part of the City or the Developer (except as stated in Sections 6 and 16 below). If, at any time, the City concludes, in its sole discretion, the results indicate that the successful development of the Property is unlikely for any reason, the City may terminate this Agreement with no further obligation or liability on the part of the City or the Developer (except as stated in Sections 1, 6, and 16 below). 2.4. Specific Tasks During Option Period: During the Option Period, the Developer shall: a). undertake, at its sole cost, such physical inspection or studies of the Property so as to allow Developer to determine the feasibility of the Conceptual Development Plan(s). The Developer shall provide copies of any such inspections or studies to the City. a).b). prepare and provide to the City a Conceptual Development Plan(s) no later than the Effective Date plus 90 days. b).c). prepare preliminary financial pro forma(s) for the construction of the buildings and site depicted in the Conceptual Development Plan(s), which pro formas would indicate financing sources, estimated construction costs, other development costs, and a tentative land value for the Property. The Developer shall share these pro formas with the City. Said pro formas shall include, at a minimum, the proposed purchase price of the Property, actual connection fees, and estimated tax payments. The Developer’s pro formas should be made available to the City no later than the Effective Date plus 90 150 days.
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c).d). employ, to the extent required at the Developer’s discretion, the same team members which have in as so far been presented to the City, including Quinn Evans as architects, MCI as civil engineer and SME as environmental services provider. d). prepare and provide to the City conceptual: (1) site plan, (2) construction schedule, (3) parking plan; and, (4) elevation drawings. Conceptual plans should be made available to the City as early as possible, but no later than the Effective Date plus 90 days. [r3] During the Option Period, the City shall: e). undertake such studies as it determines are necessary to determine the current capacities of the infrastructure supporting the Project site and what infrastructure would be required to support the Conceptual Development Plan(s). The City shall provide copies of any such studies to the Developer. f). provide to the Developer an anticipated timeline for the removal/relocation of a DTE building structure, and power distribution lines (if they are to be moved) on the Property. g). assist Developer in exploring options for tax increment financing for the Project. To this end, the City shall use its best efforts to procure meetings between representatives of the Developer, the City, the Downtown Development Authority and the Washtenaw Brownfield Redevelopment Authority, Michigan Economic Development Corporation, and Michigan Department of Environmental Quality, time being of the essence. The City shall provide a letter of support for the Conceptual Development Plan(s) to be included in redevelopment incentive applications, if any, submitted to the County, State and Federal Government. h). as soon as practicable, provide to Developer all environmental and geotechnical information regarding the Property that is known to the City. If, during the term of this Agreement, environmental or geotechnical information regarding the Property becomes available to the City, the City shall likewise provide that information to Developer. i). The City shall appoint a single point-of-contact for communications between the Parties required under this Agreement. 3.5. Development Plan and Development AgreementNegotiation Period: If at the conclusion of the Option Period, the Developer and the City determine that one or more of the Conceptual Development Plan(s) meet their respective goals, they shall so notify the other Party prior to the expiration of the Option Period. If both Parties so notify each other, then the Developer will have the exclusive right, for a sixty (60) day period (the “Negotiation Period”), in which to negotiate a development purchase
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agreement (the “Development Purchase Agreement”) with the City for the development of the Property implementing one of the Development Plans. The Development Agreement shall, at a minimum, include and/or address the following material terms: a). the purchase price of the Property and terms; b). the Developer’s proposed tax incremental financing, if any; c). conceptual site plan and elevation drawings; d). parking and open / public space; e). estimated construction schedule; f). number and general character of residential units; g). square feet and general character of commercial space; h). infrastructure improvements required, including the disposition / improvement of Broad St.; i). acknowledgment of Developer of connection costs; and, j). identity of Developer’s known team members. Either Party may determine, in its sole discretion, that the terms of the proposed Development Agreement are unacceptable, in which case this Agreement shall terminate and the Parties shall have no further obligations to each other (except as stated in Sections 6 and 16 below).
During the Negotiation Period, the City agrees that it shall not solicit for contracts, enter into any contracts, or negotiate for any contracts with any person or entity for any development or improvements on the Property. If one or the other Party notifies the other that the activities during the Option Period have not resulted in a Conceptual Development Plan(s) which that Party believes meets its respective goals, this Agreement shall terminate and the Parties shall have no further obligations to each other (except as stated in Sections 1, 6, and 16 below). 4.6. Mutual Covenants: The City and Developer covenant and agree as follows: a). Neither Party shall unreasonably withhold its participation during the Option Period and from preparation of the Development Plan(s). b). In the course of implementing the activities above, issues may arise which are outside the scope of this Agreement but which require resolution in order to proceed with successful development of the Property. Whenever such issue(s) is identified by either Party, the City and Developer mutually agree to enter into good faith
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negotiations for the purpose of resolving said issue(s), which may include amendment to this Agreement. c). Both the Developer and the City understand that this Agreement does not require the City to use its power of eminent domain; and the City does not anticipate using such power for the development of the Property. d). The City makes no representation or warranty that even if the Parties reach a consensus on the Development Plan(s), that such Development Plan(s), or any proposed development of the Property, will be approved by the City, and the City explicitly reserves the right to reject the Development Plan(s) (or any proposed development of the Property), for any reason or no reason at all (notwithstanding that such rejection must comply with all otherwise applicable legal standards). e). Neither the Developer, nor any architect or any other professional consultant retained by Developer, shall have any copyright, trademark, or other proprietary interest in the Development Plan(s), or any other site plan, layout, or design materials created as part of the evaluation of the Property and Project; and the City shall have the right to use any and all such materials in the future, notwithstanding the termination of this Agreement. Developer shall include this language in any contracts it enters into with any architect or other professional consultant retained by Developer to work on the Property or Project. 5.7. Access to Property: During the term of this Agreement, Developer shall have the right for itself, its agents, employees, licenses and contractors (i) to enter upon any portion of the Property which is under the City’s control with persons, equipment and material to make any and all inspections, surveys, test borings and other site investigations as it may deem appropriate, and (ii) to discuss the Property and the Project with governmental and other appropriate agencies as it may deem appropriate in order to determine any use to which the Property, or any part thereof, may feasibly be put. The Developer will provide liability insurance acceptable to the City in connection with its conduct of activities described in clause (i) above, shall name the City as an additional insured on such insurance, and will provide evidence of such insurance prior to entry upon the Property. Upon conclusion of any investigations or in the event of termination of this Agreement, the Developer shall return the Property to its near original condition. The Developer shall not allow any liens to be recorded against the Property based on any contractors or consultants it retained to work on the Property or the Project, and shall immediately act to have any such liens discharged. Furthermore, Developer shall defend, hold harmless, and indemnify the City from and against any and all claims or damages which result from Developer’s investigation of the Property.
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The obligations contained in this Section shall survive the termination of the Agreement. 6.8. Termination: This Agreement shall terminate upon the earliest of the following events: a). The Developer’s or the City’s decision to terminate, as set forth in Section 2 above. b). The mutual agreement of the Developer and the City. c). Upon occurrence of a default as set forth in Section 8. c). 7.9. Remedies on Default: The Parties recognize that this Agreement does not transfer an interest in the Property, but in the event of default, except as otherwise stated in this Agreement, each Party shall be limited to the remedies provided below. If either Party is in default of performing the responsibilities set forth above, which default is not cured upon notice (a) within a reasonable time for the circumstances creating the default, but in no event more than forty-five (45) days after notice is given or as otherwise agreed to by the Parties, then the non-defaulting Party shall have the right to terminate this Agreement, and the Parties shall have no further obligations to each other, except for those stated in Sections 1, 6, and 16, which survive the termination of the Agreement 8.10. Broker: The City represents and warrants to the Developer that it has employed no broker in connection with this Agreement or any purchase and sale to be consummated pursuant to this Agreement and the City shall defend, indemnify and hold the Developer harmless from and against any claim by real estate agent or broker in connection with or arising out of any acts or agreements of the City. The Developer represents and warrants to the City that it has employed no broker in connection with this Agreement or any purchase and sale to be consummated pursuant to this Agreement, and Developer shall defend, indemnify and hold the City harmless from any claim by real estate agent or broker retained by the Developer, or claiming through or under the Developer. 9.11. Notices: All notices sent pursuant to this Agreement shall be sent by certified mail, return receipt requested. Notices shall be deemed given on the date deposited with the United States Postal Service with proper address and postage fully prepaid. Notice as required under this agreement shall be: If the City, to: If the Developer, to: City of Dexter Norfolk Development Corporation Attention: Michelle Aniol Attn: Sean P. Lefere Community Development Manager 8178 Jackson Road, Suite D 8140 Main Street Ann Arbor, MI 48103 Dexter, MI 48130
10.12. Time: Time shall be of the essence in this Agreement.
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11.13. Binding Effect: This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns; provided however that the Developer cannot assign its rights in this Agreement to any other entity without the prior approval of the City. 12.14. Agreement: This Agreement constitutes the entire agreement of the Parties; all prior agreements between the Parties, whether written or oral, are merged in to this Agreement and shall be of no force or effect. This Agreement cannot be changed, modified or released orally, but only by an agreement in writing signed by the Parties against whom enforcement of said change, modification, or discharged is sought. 13.15. Counterparts: This Agreement may be executed in counterparts, each of which is an original document and all of which together constitute but one and the same document. 14.16. Violations of Agreement: In any dispute over this Agreement or its terms, the prevailing Party shall be entitled to reimbursement of the costs it incurred in enforcing the Agreement or its terms, including reasonable attorneys’ fees, from the non-prevailing Party. The obligations contained in this Section shall survive the termination of the Agreement.
DEVELOPER: Norfolk Development Corporation d/b/a Norfolk Homes
______
By: ______Its: Authorized Representative
CITY:
This Agreement was approved by the Dexter City Council, and the Mayor and Clerk were authorized to sign this Agreement on the day of September, 2017, and was signed by the Mayor and Clerk on the ___ day of September, 2017.
CITY OF DEXTER
______Mayor
______Clerk
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EXHIBIT A Property Descriptions
3045 Broad Street (08-08-06-280-001) ALL OF LOTS 1, 2, 3, & 4, BLK 25, ORIGINAL PLAT VILLAGE OF DEXTER, ALONG WITH ADJACENT VACATED ALLEY DESCRIBED AS, BEG AT S COR LOT 1, TH NWLY ALONG SW BNDRY OF LOTS 1 & 2 TO W COR LOT 2, TH SWLY 24.75 FT TO N COR LOT 4, TH SELY ALONG NE BNDRY OF LOTS 4 & 3, TH NELY 24.75 FT TO POB; EXC BEG AT S COR OF LOT 1, TH N 47 W 99 FT, TH N 43 E 70 FT, TH S 47 E 99 FT, TH S 43 W 70 FT TO POB. PT NE 1/4 SEC 6, T2S-R5E.
8077 Forest Street (08-08-06-280-024) BEG AT SE COR OF LOT 4, TH N 43 DEG E 198 FT TO NE COR OF LOT 4, TH N 47- 59 W 49.50 FT, TH S 42-23 W 55.64 FT, TH S 47-59 E 13.70 FT, TH S 42-23 W 142.36 FT, TH S 47-59 E 35.8 FT TO POB, BEING PART OF LOT 4, BLK 24 ORIGINAL PLAT
8087 Forest Street (08-08-06-280-025) BEG AT NW COR OF LOT 4, TH S 47-59 E 49.50 FT, TH S 42-23 W 55.64 FT, TH S 47-59 E 13.70 FT, TH S 42- 23 W 142.36 FT, TH N 47-59 W 63.20 FT, TH N 42-23 E 198.00 FT TO POB, BEING PART OF LOT 4, BLK 24 ORIGINAL PLAT, VILLAGE OF DEXTER.
8090 Grand Street (08-08-06-280-002) NW'LY 66 FT OF LOT 8, BLK 24, ORIGINAL PLAT, VILLAGE OF DEXTER. PT NW 1/4 SEC 6, T2S-R5E. .30 AC.
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OFFICE OF COMMUNITY DEVELOPMENT 8140 Main Street Dexter, Michigan 48130-1092 (734) 580-2233 Fax (734) 426-5614
STAFF MEMO To: Mayor Keough and City Council Courtney Nicholls, City Manager From: Michelle Aniol, Community Development Manager RE: Planning Commission Recommendation - AP2016.17-30 Text Amendments to the Zoning Ordinance
Date: October 16, 2017 The Planning Commission conducted a public hearing on Monday, August 7, 2017 for the purpose of considering amendments to the following articles in the City of Dexter Zoning Ordinance, which were prepared with the assistance of the City’s planning consultant, CWA: 1. Article 1, Enacting Clause 2. Article 4, Non-Conformities 3. Article 8, Special Land Uses 4. Article 19, PUD Planning and Development Regulations for Planned Unit Development Districts 5. Article 21, Site Plan Review 6. Article 22, Administration and Enforcement 7. Article 23, Amendment Procedure 8. Article 24, Zoning Board of Appeals During the Public Hearing, one resident, Ted Tear, 8090 Huron Street addressed that Planning Commission. Mr. Tear stated that the hearing should be postponed until City residents can obtain a copy of the amendments to see what the charges are. PLANNING COMMISSION ACTION Following the public hearing and a thorough discussion, the Planning Commission voted unanimously to recommend approval to City Council. Following the approval, staff and CWA formatted the clean copies of the amendments. Attached to this memo you will find correspondence from CWA dated, September 19, 2017, in which Ms. Kreps explains that additional amendments/corrections to the Zoning Ordinance will be needed in the future, as a result of this partial ordinance amendment, along with the final draft copies of the updates ordinances. Enclosed loose in the Council packet and as a separate file on the online packet page are red-lined articles to show the proposed changes compared to the current Ordinance. Background On May 1, 2017, the Planning Commission conducted a public hearing to consider amendments to the Zoning Ordinance. The Commission voted to postpone action until it next meeting to allow extra time to review the amendments. At the June 5, and July 3, 2017 meetings, staff asked the Planning Commission to postpone consideration of the proposed text amendments, in order to allow staff and CWA additional time to address a few clean-up issues. The following is a summary of the text amendments since the Planning Commission’s May 1, 2017 meeting, with changes since the July 3, 2017 Planning Commission meeting bolded: 1. Article I, Enacting Clause – Changes include minor clean up and formatting. No changes. 2. Article VI, Non-Conformities – Changes include moving the definitions to Article II, modification of the intent of the Article and other minor corrections and clarifications request by the Planning Page 87 of 246 City Council AP2016.17-30 Text Amendments to Zoning Ordinance October 16, 2017 Page 2
Commission at its June 6, 2016 worksession. Staff notes the definitions will need to be added back because an amendment to Article II has not been completed. ▪ Section 4.02 Definitions have been added, along with Figure 4.02 Permissible and Non- Permissible Additions to an Existing Non-Conforming Structure. Article has also been renumbered, accordingly. ▪ Replaced the phrase “time of adoption or amendment” to “effective date” in Section 4.03. ▪ Deleted the phrase “or amendment thereto” in Section 4.04. ▪ Deleted the phrase “of adoption or amendment” in Section 4.05. ▪ Replaced the words “is” and “its” with the words “are” and “their”, respectively, in Section 4.05.E. ▪ Replaced the word “on” with the word “or” in Section 4.06.A. ▪ Replaced the word “conforming” with the word “Conforming”, deleted the work “or”, and replaced the phrase “time of passage or amendment” to “effective date”, respectively, in Section 4.06F. ▪ Replaced the word “Chapter” with the word “Ordinance”, in Section 4.02.A. ▪ Deleted the phrase “with this Ordinance” in Section 4.07.C.6. 3. Article VIII, Special Land Uses – The following modifications are proposed: ▪ Application (form) requirements have been removed. ▪ Notification process will reference a Section 22.08 Notices. ▪ Planning Commission and City Council review and approval process has been update to streamline and further explain the approval process ▪ Conditions of approval have been updated to outline City Council’s authority/discretion in determining conditions of approval. Further, the intent of any conditions imposed it defined. ▪ Validity of Permit heading has been changed to Effectiveness. All provisions related to special land use permits effectiveness have been reorganized into this section and updated accordingly. ▪ A new section has been added to accommodate all provisions related to an amendment, expansion, or change in use to an approved special land use. ▪ Section 8.01, Reformatted: Bullets replaced with letters. ▪ Section 8.02: o Sub-section A, change 30 days to 45 days o Sub-section D.1, add “approved with conditions” o Add sub-section E, Zoning Compliance requirement o Sub-section A.1, deleted the word “approval o Sub-section C.2, relocated phrase “(based on findings outlined in Section 8.03)” to the end of the sentence. ▪ Section 8.03: o Re-lettered/numbered o Sub-section A.7, added “Safety and” between “Public” and “Welfare” o Sub-section B, clarified additional findings and removed redundancy ▪ Section 8.05, sub-section E: deleted the word “not”. ▪ Section 8.06, sub-section A, replacedPage the 88 word of 246 “for” with the word “from”. City Council AP2016.17-30 Text Amendments to Zoning Ordinance October 16, 2017 Page 3
▪ Section 8.11: o Sub-section B.1, replaced the word “City” with the word “Village”. o Sub-section B.8, replaced the phrase “Drain” with the phrase “Water Resources”. o Sub-section B.10, deleted the number “3”. o Sub-section B.30.m, replaced the word “Ray” with the word “may”. o Sub-section B.32.g, replaced the phrase “A principal” with the word “Principal”. 4. Article XIX, PUD Planning and Development Regulations for Planned Unit Development Districts – Modifications are proposed only to the sections related to application and processing procedures, PUD conditions, phasing and commencement of construction, modification to approved plans and violations. In addition, a couple of minor “section swaps” have been proposed to aid in the flow of the proposed process section. This keeps the design standards together, and the application/process information together with the proposed chapter. ▪ Minor Formatting and Re-lettering/numbering ▪ Section 19.05 Common Areas and Facilities has been eliminated. Requirements for Development Agreement and Master Deed are addressed in Sections 19.05, sub-section H.3 and sub-section K.1, respectively. ▪ Section 19.06: o Sub-section A, Effects deleted and replaced with standards and procedure for optional Pre-Application Meeting o Sub-section B, Concept Review Meeting deleted and replaced with Conceptual Review description o Sub-sections B.1.a-p and B.2 deleted and replaced with Sub-section B.1 Conceptual Review Procedure and Sub-section B.2.a-e, Information Required for Conceptual Review o Sub-section E, provision added for Zoning Administrator to extend PUD application submittal for six months. o Sub-section H.3 replaced with reference to Section 22.12, which sets forth the regulations and requirements for a development agreement o Sub-section K.1 replaced with regulations and standards for submittal of Condominium Documents in accordance with State Law. o Flow chart updated and redesigned ▪ Section 19.03, sub-section 4, replaced the letter “t” with the word “the”. ▪ Section 19.04, added “Section A, Generally” ▪ Section 19.05: o Moved sub-section “E, Public Hearing” to sub-section “D” and re-lettered remaining sub- section. o Sub-section H.3: (1) Deleted the word “draft” (2) Replaced the word “understands” with “understanding” (3) Replaced the word “and a” with “the” (4) Added the phrase “terms set forth in Section 22.13, as well as” 5. Article XXI, Site Plan Review – This article has been reorganized for ease of use and includes the following modifications: ▪ Revision of Intent. Page 89 of 246 City Council AP2016.17-30 Text Amendments to Zoning Ordinance October 16, 2017 Page 4
▪ Outlining buildings, structures, and uses that require site plan review (eliminating items that do not require site plan review). ▪ Data required for preliminary and final site plan review has been formatted into a table. ▪ Site plan review criteria specific to underground storage tanks and secondary containment, etc. (9 provisions in all) have been eliminated. These items generally will not apply and are covered under new provision J. ▪ Section 21.02, sentence following sub-section 1.D regarding administrative review and approval, removed and replaced with Section 21.03 Administrative Review. ▪ Article XXI re-lettered/numbered, accordingly. ▪ Section 21.04 Pre-application meeting revised to clarify the process and procedures for meeting with Zoning Administrator and/or Site Plan Review Committee, and other applicable departments prior to submittal of an application for site plan review. ▪ Section 21.05, Preliminary Site Plan Review: o Sub-section C revised to clarify who, in addition to the Zoning Administrator shall review preliminary site plans. This sub-section all requires revisions to preliminary plans to be bubbled and revised plans be accompanied by written narrative summarizing such revisions. o Sub-section E Council approval of preliminary site plan tightened up. o Sub-section F and G are deleted o Sub-section H becomes F, and sub-section I becomes G. ▪ Section 21.06, Final Site Plan Review o Sub-section C revised to clarify who, in addition to the Zoning Administrator shall review preliminary site plans. This sub-section does not requires revisions to preliminary plans to be bubbled and revised plans be accompanied by written narrative summarizing such revisions, but should. o Sub-section E, minor revision regarding notification requirements and responsibilities. o Section 21.07 Administrative Review moved and renumbered as 21.03. o Section 21.09, sub-section A 1-10 replaced with specific 21 specific site plan review criteria. o Section 21.11 added specific standards for considering and processing an amendment to an approved site plan. o Section 21.12 added a statement that deviations from site plan during construction, except as permitted in Section 21.11, is a violation of the ordinance. o Flow chart added o Section 21.06, added sub-section 1-4 regarding Condominium Developments o Section 21.09, added a new sub-section A.1 and lettered this sub-section 6. Article XXII, Administration and Enforcement – The following modifications are proposed: ▪ Purpose has been added. ▪ Zoning Compliance standards have been reorganized and updated. ▪ A section noting public notice procedures has been added. ▪ The performance guarantee section has been moved to this section (previously provided in Site Plan Review Article). ▪ New Section added that establishes the standards and requirements for Development Agreements Page 90 of 246 City Council AP2016.17-30 Text Amendments to Zoning Ordinance October 16, 2017 Page 5
▪ Other minor corrections have been identified. ▪ Section 22.04 o Sub-section C to correctly assign responsibility for issuing certificates of occupancy o Sub-section D to add City Attorney and other applicable agencies regarding inspections. ▪ Section 22.04, Zoning Compliance Permit o Sub-section A; revised and reformatted to clarify when a zoning compliance permit is required. o Sub-section B.3 to require property owner signature on applications ▪ Section 22.06 o Sub-section E replace “Zoning Administrator” with “Washtenaw County” o Sub-section G revised to correctly show the county issues temporary certificates of occupancy upon the recommendation of the zoning administrator. ▪ Minor formatting and re-lettering/numbering. ▪ Section 22.06, sub-section A: o Deleted the phrase “or final zoning compliance” o Replaced the phrase “shall state the building, structure, lot, and use thereof, conform to the requirements of this ordinance, and shall list each legal non-conformity existing on the premises” with “shall be obtained from the Washtenaw County Building Department, following issuance of final zoning compliance, as cited herein”. ▪ Section 22.09, replaced the word “nay” with “any”. ▪ Section 22.12, sub-section A, added the phrase “, as set forth in the City’s Engineering Standards”. 7. Article XXIII, Amendment Procedure – The majority of modifications are reflected in the Conditional Rezoning Section. Specifically, review procedures and expiration of approval were added, in addition to the reorganization of the section. Approval timeframe for conditional rezoning was added. ▪ Reordered Section 23.03, sub-sections D and E. ▪ Minor formatting and re-lettering/numbering. 8. Article XXIV, Zoning Board of Appeals – Modifications to this Article are based on the Michigan Zoning Enabling Act, as well as reorganization of the chapter. Specific changes include: ▪ Changing “Board of Zoning Appeals” to “Zoning Board of Appeals.” ▪ Adding a new section devoted to Jurisdiction to include all actions under the ZBA’s authority. ▪ Removal of the notification section and reference to new notification section is Section 22.08. ▪ Section 24.04 moved the second sentence in the first paragraph to the end of the paragraph. ▪ Section 24.08 added the correct section reference. ZONING AMENDMENT PROCESS The process for a text amendment to the zoning ordinance requires the Planning Commission to conduct a public hearing. Following the public hearing, the Planning Commission shall evaluate the proposed amendments and report its findings and recommendation to City Council. City Council is responsible for taking final action to approve the proposed amendments or modify/revise the recommendation from the Planning Commission, subject to the criteria set forth in Section 23.07 of the Zoning Ordinance.
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TEXT AMENDMENT ANALYSIS AND CONSIDERATIONS The Planning Commission and City Council shall consider the following criteria to determine the appropriateness of amending the text, standards and regulations of the Zoning Ordinance. A. Documentation has been provided from City Staff or the Board of Zoning Appeals indicating problems and conflicts in implementation of specific sections of the Ordinance. The Planning Commission has spent the last 18+ months reviewing and amending the above reference Articles, based in part on a diagnostic review dated, April 15, 2015. B. Reference materials, planning and zoning publications, information gained at seminars or experiences of other communities demonstrate improved techniques to deal with certain zoning issues, or that the City's standards are outdated. Not applicable in this case. C. The City Attorney recommends an amendment to respond to significant case law. Not applicable in this case. However, the City attorney has reviewed the proposed amendments and his comments were incorporated. D. The amendment would promote implementation of the goals and objectives of the City's Master Plan. Not applicable in this case. SUGGESTED MOTIONS Pursuant to Section 23.07, Criteria for Amendment to the Zoning Ordinance Text and based on the recommendation of the Planning Commission, City Council moves to (APPROVE/DENY) AP2016.17-30 Text Amendments to the following Articles of the Zoning Ordinance, as cited herein: 1. Article 1, Enacting Clause 2. Article 4, Non-Conformities 3. Article 8, Special Land Uses 4. Article 19, PUD Planning and Development Regulations for Planned Unit Development Districts 5. Article 21, Site Plan Review 6. Article 22, Administration and Enforcement 7. Article 23, Amendment Procedure 8. Article 24, Zoning Board of Appeals OR Based on the information presented at the October 23, 2017 City Council meeting, the City Council moves to (POSTPONE) the recommendation for the proposed amendments to Articles 1, 4, 8, 19, 21, 22, 23, and 24, as cited herein, until (DATE) to allow more time for the following: 1. 2. 3.
Please feel free to contact me prior to the meeting if you have any questions. Thank you.
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Zoning Appeals.
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modifications.
Page 94 of 246 Enacting Clause, Title Purposes
ZONING ORDINANCE CITY OF DEXTER, MICHIGAN
An ordinance relative to the designation, regulation and restriction of the location and use of buildings, structures and land for agricultural, residence, commerce, trade industry or other purposes; the regulation and limitation of the height, number of stories and size of buildings and other structures, hereinafter erected or altered; the regulation and determination of the size of yards and other open spaces; the regulation and limitation of the density of population; and pursuant to the aforesaid purposes, to divide the City of Dexter into Zoning Districts of such number, shape and area as may be deemed best suited to carry out the provisions of this ordinance and provide for the enforcement thereof pursuant to Act 110 of the Public Acts of 2006, as amended, known as the Michigan Zoning Enabling Act.
THE CITY OF DEXTER ORDAINS:
ARTICLE I ENACTING CLAUSE, TITLE, PURPOSES
Section 1.01 ENACTING CLAUSE
An ordinance adopted under the authority of, and in accordance with the provisions of the Michigan Zoning Enabling Act 110 of 2006 Public Acts of Michigan, to establish comprehensive zoning regulations for the City of Dexter, Washtenaw County, Michigan, and to provide for the administration, enforcement and amendment thereof, and the repeal of all ordinances in conflict herewith.
Section 1.02 TITLE
This Ordinance shall be known and may be cited as "The Zoning Ordinance of The City of Dexter". The Zoning Map, referred to herein is entitled "Zoning Map, City of Dexter".
Section 1.03 PURPOSES
This ordinance has been established for the purpose of:
A. Promoting and protecting the public health, safety and general welfare;
B. Protecting the traditional village character and stability of the residential, commercial and industrial areas, and promoting the orderly and beneficial development of such areas;
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C. Preventing the overcrowding of land and undue concentration of population by regulating the intensity of use of land and the area of open spaces surrounding buildings and structures necessary to provide adequate light, air, and privacy to protect the public health;
D. Lessening and avoiding congestion on public highways and streets;
E. Providing for the needs of residents, commerce, and industry in future growth to conform with the most advantageous uses of land, resources, and properties, with reasonable consideration of other things;
F. Encouraging the most appropriate use of lands in accordance with their character and adaptability, and prohibiting uses which are incompatible with the character of development permitted within the specified zoning district; the general and appropriate trend and character of land, building, and population development as studied and recommended by the Planning Commission and the City of Dexter;
G. Conserving the taxable value of land and structures;
H. Conserving the expenditure of funds for public improvements and services;
I. Protecting against fire, explosion, noxious fumes, and odors, heat, dust, smoke, noise, vibration, radioactivity, and other nuisances and hazards in the interest of the people;
J. Regulate the completion, restoration, reconstruction, extension or substitution of nonconforming uses.
K. Encourage use of the land and natural resources in accordance with their character and capacity, thus preserving the sensitive and important environmental features in the City such as wetlands, rivers, topography, open space, mature vegetation and wildlife habitat. The ordinance acknowledges the importance of these features for the long term economic climate of all uses in the City and the overall quality of life for City residents.
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Article IV
NON-CONFORMITIES
Section 4.01 INTENT
Certain existing lots, structures, and uses of lots and structures were lawful before this Ordinance was adopted, but have become non-conformities under the terms of this Ordinance and its amendments. It is the intent of this Ordinance to permit such legal non- conforming lots, structures, or uses to continue until they are removed, but not to encourage their survival or where discontinuance or removal is not feasible, to gradually upgrade such non-conformities to conforming status. Non-conformities shall not be enlarged, expanded, or extended, except as provided herein, and shall not be used as grounds for adding other structures and uses of lots and structures which are prohibited. Non-conformities are declared by this Ordinance to be incompatible with the structures and uses permitted in the various districts.
To avoid undue hardship, nothing in this Ordinance shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Ordinance and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner; except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding such demolition or removal shall be deemed to be actual construction, provided work shall be diligently carried on until completion of the building involved.
Section 4.02 DEFINITIONS
For the purposes of this Section, the following words and phrases shall have the meaning assigned to them:
A. Effective Date: Whenever this Article refers to the "effective date," the reference shall be deemed to include the effective date of any amendments to this Ordinance if the amendments created a non-conforming situation. B. Non-conforming Building: A building or portion thereof which was lawfully in existence at the effective date of this Ordinance, that does not meet the limitations on building size, location on a lot, or other regulations for the district in which such building is located. C. Non-conforming Lot: A lot which was lawfully in existence at the effective date of this Ordinance, that does not meet the minimum area or dimensional requirements of the district in which the lot is located.
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D. Non-Conforming Use: A use which was lawfully in existence at the effective date of this Ordinance, and which does not now conform to the use regulations of this Ordinance for the zoning district in which it is now located. E. Structural Non-Conformity: A non-conformity that exists when the height, size, or minimum floor space of a structure, or the relationship between an existing building and existing buildings or lot lines does not conform to the standards of the in which the property is located, also sometimes referred to as a dimensional non- conformity.
Figure 4.02 C-1 Permissible and Non-Permissible Additions to an Existing Non- Conforming Structure
Section 4.03 NON-CONFORMING LOTS OF RECORD
Any non-conforming lot shall be used only for a use permitted in the district in which it is located. In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this Ordinance, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this Ordinance. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district; provided that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance requests from district yard requirements may be applied for through the City of Dexter Zoning Board of Appeals.
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If two or more lots or combination of lots with contiguous frontage in single ownership are of record at the effective date of this Ordinance, and if all or part of the individual lots do not meet the requirements established for lot width and area, the lots involved shall be considered to be an individual parcel for the purposes of this Ordinance. No portion of said parcel shall be used, occupied, or sold in a manner which diminishes compliance with lot width and area requirements established by this Ordinance, nor shall any division of a parcel be made which creates a lot with width or area less than the requirements stated in this Ordinance. These provisions shall not apply to contiguous lots in single ownership where each of the lots is occupied by a dwelling unit.
Upon application, the Zoning Administrator may permit the combination, in whole or in part, of non-conforming lots of record into building sites less than the size requirements established by this Ordinance, provided that the combination of lots reduces the degree of non-conformity and results in a parcel which is capable of accommodating a structure that is in conformance with the building area, setback, and side yard requirements of this Ordinance.
Section 4.04 NON-CONFORMING USES OF LAND
The lawful use of any land existing on the effective date of this Ordinance may be continued even though such use does not conform to the provisions of this Ordinance or amendments subject to the following provisions:
A. No such non-conforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of this Ordinance.
B. No such non-conforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date.
C. If such non-conforming use of land ceases for any reason for a period of more than six months, any subsequent use of such land shall conform to the regulations specified by this Ordinance for the district in which such land is located.
D. Where non-conforming off-street parking, landscaping, signage, fences, and other similar land uses exist, those uses shall be made to conform to the terms of this Ordinance when any legal use, principal or accessory, located on the land in question is established or expanded in such a manner that would necessitate site plan review and approval in accordance with Article XXI.
Section 4.05 NON-CONFORMING BUILDINGS AND STRUCTURES
Where a lawful building or structure exists at the effective date of this Ordinance that could not be built under the terms of this Ordinance by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful subject to the following provisions:
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A. Restriction on Creating Non-conformities: No such building or structure may be enlarged or altered in a way which increases its non-conformity.
B. Restriction on Movement: Should such structure be moved for any reason or for any distance whatsoever, it shall thereafter conform to the regulations for the district in which it is located after it is relocated or moved.
C. Restrictions on Alteration or Modification: If a non-conforming structure or building is altered or modified so as to eliminate, remove, or lessen any or all of its non-conforming characteristics, then such non-conforming characteristics shall not be later re-established or increased. The Zoning Board of Appeals shall determine if a proposed alteration should decrease the degree of non-conformity.
D. Restrictions on Replacements: Nothing in this Ordinance shall prevent the reconstruction, repair, or restoration and the continued use of any non-conforming structure damaged by fire, collapse, explosion, acts of God or acts or public enemy, subsequent to the effective date of this Ordinance.
Any non-conforming building which has been damaged substantially or destroyed may be repaired, rebuilt or replaced within 18 months of such damage or destruction, provided that such repairs or rebuilding or replacement does not extend or expand the previously existing non-conforming structure.
Where pending insurance claims require an extension of time, the Zoning Administrator may grant a time extension provided that the property owner submits a certification from the insurance company attesting to the delay. Until such time as the debris from the fire or act of God is fully removed, the premises shall be fenced and secured from pedestrian or unauthorized access.
E. A non-conforming structure, except a single-family dwelling and its accessory structures, which are damaged by any means to an extent of more than 50% of its assessed value as determined by the City Assessor, shall not be reconstructed except in conformity with the regulations of the district in which it is located. Any non-conforming structure, except single-family dwellings and their accessory structures, that are damaged to an extent of 50% or less of its replacement cost may be replaced in their location existing prior to such damage, provided replacement is commenced within 18 months of date of damage and is diligently pursued to completion. Failure to commence replacement within 18 months shall result in the loss of legal non-conforming status.
Non-conforming structures may be replaced or expanded in accordance with the following requirements:
1. A single-family dwelling unit and permitted accessory structures may be replaced or expanded, subject to the following standards: a. The dwelling is a permitted use in the district in which it is located; and
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b. Any expansion shall meet yard, lot coverage, floor area ratio, and impervious surface regulations of the zoning district in which it is located. 2. All other non-conforming structures, in any zoning district, may be expanded only after approval by the Zoning Board of Appeals, as provided in Section 24.05 F.
Section 4.06 NON-CONFORMING USES OF STRUCTURES AND LAND
If a lawful use of a structure, or of structure and land in combination, exists at the effective date of adoption or amendment of this Ordinance, that would not be permitted in the district under the terms of this Ordinance, the lawful use may be continued so long as it remains otherwise lawful subject to the following provisions:
A. Prohibition or Enlargement of a Building Housing Non-conforming Use: No existing structure devoted to a use not permitted by this Ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.
B. Extension Throughout Building: Any non-conforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use, and which existed at the time of adoption or amendment of this Ordinance, but no such use shall be extended to occupy any land outside such building.
C. Changing Use: If no structural alterations are made, any non-conforming use of a structure, or structure and land in combination, may be changed to another non- conforming use of the same or a more restricted classification provided that the Zoning Administrator either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing non-conforming use. In permitting such change, the Zoning Administrator may require conditions and safeguards in accord with the purpose and intent of this Ordinance and/or may request review and determination by the Planning Commission. Where a non-conforming use of a structure, land, or structure and land in combination is hereafter changed to a more conforming use, it shall not thereafter be changed to a less conforming use.
D. Prohibition of Re-establishment if Replaced by Conforming Use: A non- conforming use of any structure which is replaced by a permitted use shall thereafter conform to the regulations for the district in which such structure is located, and the non-conforming use may not thereafter be resumed.
E. Discontinuance or Termination of Non-conforming Use of Structure: When a non-conforming use is discontinued or ceases to exist for six consecutive months the non-conforming structure or use of land shall not thereafter be used except in
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conformance with the regulations of the district in which it is located. Structures occupied by seasonal uses shall be exempt from this provision.
F. Repairs to Non-Conforming Use: On any building devoted in whole, or in part, to any non-conforming use, work may be done in any period of 18 consecutive months on ordinary repairs, improvements, modernization, or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing to correct deterioration, obsolescence, depreciation, and wear. Such repairs, improvements, replacement, or modernization activities shall be permitted providing the total area (in square feet) of the building as it existed at the effective date of this Ordinance shall not be increased. Repairs begun within the required 18 consecutive months but not completed upon the expiration of the permitted time period may be completed provided the repairs have been issued and approved and valid building permit and the work has continued without interruption to eventual completion.
G. Safety Repair. Nothing in the Ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building, or part, thereof declared unsafe by an official charged with protecting public safety, upon order of such official.
H. Destruction of Non-Conforming Structure. If a structure devoted in whole or in part to a non-conforming use is destroyed by any means to an extent of more than 50% of its assessed value as determined by the City Assessor at the time of destruction, it shall not be reconstructed and shall not be devoted to any use except in conformity with the regulations of the district in which it is located.
Section 4.07 NON-CONFORMING SITES
A. Intent: The purpose of this Section is to encourage improvements to existing sites in the City that were developed before the site design standards of this Ordinance were established or amended. This section is intended to:
1. Allow for reasonable re-use, maintenance, and improvements to these sites that will gradually improve compliance with these requirements.
2. Permit a proportionate amount of improvements to non-conforming sites relative to the amount of expansion or improvement proposed to the use or building.
3. Allow the needed flexibility in the regulations to encourage gradual site improvements and increased compliance with the intent of the Zoning Ordinance Requirements.
B. Required Reviews. This Section provides for the conditions under which re- occupancy, improvement, and modification to non-conforming sites may occur. It does not replace other reviews and requirements contained elsewhere in this Ordinance. Where improvements and modifications are proposed to non-
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conforming sites, they shall be subject to Site Plan Review in accordance with Article XXI.
C. Standards for Review. Applications to improve or modify non-conforming sites shall be reviewed in accordance with Article XXI for new development, redevelopment, or change of use as listed in Section 21.02. Such activity may only be permitted if the following standards are met:
1. General Standards.
a. Expansions to non-conforming structures or buildings comply with Section 4.05.
b. Changes to non-conforming uses comply with Section 4.06.
c. The applicant is proposing reasonable site improvement to the overall site in relation to the scale and construction cost of any proposed building improvements or expansion.
d. The applicant has addressed safety related site issues on the overall site.
e. The improvements or minor expansion will not increase non- compliance with other site requirements.
2. Driveways. Driveways that do not conform to the City of Dexter design standards shall be removed or redesigned to the greatest extent possible.
3. Sidewalks. Whenever modifications are proposed, or any expansion of the building, parking lot or site, the sidewalks shall be installed along the site frontage, as required by the City of Dexter design standards.
4. Parking. Existing parking areas must be in good condition, as determined by the Zoning Administrator, and any improvements necessary to provide a safe durable surface have been proposed. For projects involving new development, redevelopment, or change of use, parking areas that are non- conforming in terms of required number of spaces, landscaping, setbacks, lighting or other requirement of this Ordinance, shall be brought into full compliance with this Ordinance if any of the following occur:
a. The non-conforming parking area is expanded or altered by an area that is 50% or more of the original area.
b. Twenty-five percent (25%) or more of the surface area of the parking lot is reconstructed (existing pavement removed and replaced).
c. Where full compliance is not possible due to existing site conditions, a variance may be requested.
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d. Whenever re-occupancy is proposed, or the parking area is not proposed to be expanded or reconstructed beyond the percentages noted in a. and b. above, then any necessary repairs shall be made to the existing parking lot pavement as determined by the Zoning Administrator.
5. Screening. Whenever modifications are proposed, or any expansion to the building or site proposed, then required screening walls for waste receptacles, fencing of outdoor storage or screening from adjacent residential uses shall be provided.
a. Where existing screening walls are in disrepair, they shall be improved to a sturdy and attractive condition.
b. All outdoor storage areas shall be screened from adjacent residential uses as required in Section 6.05 and all waste receptacles shall be screened as required in Section 6.10.
6. Landscaping. For projects involving new development, redevelopment, or a change of use on sites that are non-conforming by reason of landscaping required by this Ordinance, either by required area, materials, or other requirement of this Ordinance, the site shall be brought into compliance under the following conditions:
a. Whenever the size of the non-conforming site (building, parking, and outdoor storage) is redeveloped or expanded by an area that is 50% or more of the original non-conforming area, all landscaping on the site shall be brought into compliance.
b. Whenever 25% or more the surface area of the landscaped area is redeveloped or reconstructed (existing materials and ground cover removed and replaced) the reconstructed portion of the landscape area shall be brought into compliance with this Ordinance.
Section 4.08 GENERAL REQUIREMENTS
A. Structure and Land in Combination. Where non-conforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the non-conforming status of the land.
B. Illegal Non-conforming Uses: Those alleged non-conforming uses which cannot be proven conclusively to have been in existence prior to the date of the enactment or amendment of this Ordinance shall be declared illegal uses and shall be discontinued following the enactment of this subsection.
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Section 4.09 USES UNDER EXCEPTION PROVISIONS NOT NON-CONFORMING USES
Any use for which a special exception is permitted as provided in this Ordinance shall not be deemed a non-conforming use, but shall, without further action, be deemed a conforming use in such district.
Section 4.10 CHANGE OF TENANCY OR OWNERSHIP
There may be a change of tenancy, ownership, or management of any existing non- conforming uses of land, structures and land in combination provided there is no change in the nature or character of such non-conforming uses except in conformity with the provisions of this Ordinance.
Section 4.11 ACQUISITION OF NON-CONFORMING USES
The City Council may acquire private property, or an interest in private property, to remove a non-conformity, as provided in Act 207, PA of 1921, as amended.
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Article VIII SPECIAL LAND USES
Section 8.01 INTENT This Article is intended to regulate uses which may be compatible with uses in some, but not all, locations within a particular zoning district. Among the purposes of the Special Land Use standards of this Article is to accomplish the following: A. Provide a mechanism for public input on decisions involving more intense land uses. B. Establish criteria for both new development and infill/redevelopment consistent with the City's land use goals and objectives as stated in the City Master Plan. C. Regulate the use of land on the basis of impact to the City overall and adjacent properties in particular. D. Promote a planned and orderly development pattern which can be served by public facilities and serviced in a cost-effective manner. E. Ensure uses can be accommodated by the environmental capability of specific sites. F. Provide site design standards to diminish negative impacts of potentially conflicting land uses. G. Provide greater flexibility to integrate land uses within the City. The process for review of a Special Land Use involves a Public Hearing with the Planning Commission with final determination on the use and site plan by the City Council.
Section 8.02 PROCEDURE The procedure for Special Land Use review shall be as follows: A. Application. An applicant for a Special Land Use shall submit an application for review to the Zoning Administrator, together with the required fee and appropriate information, not less than 45 days prior to the date of the regular meeting of the Planning Commission at which the special use application will be considered. The following information shall also be submitted: 1. A site plan with the required information as set forth in Article XXI. 2. A statement with regard to compliance with the criteria required for approval in Section 8.03, Standards for Special Land Uses and any specific standards required by the specific use as provided in Section 8.11 Special Land Use Specific Requirements.
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3. Failure to provide the required information and materials as part of the application for Special Land Use approval shall render the application deficient, and said application shall be held in abeyance until the petitioner submits all required items. The Zoning Administrator may waive the submission of a site plan where such information is not material to Planning Commission action, specifically where no physical changes to the site are proposed. B. Public Hearing. The Planning Commission shall hold a public hearing, or hearings, upon any application for special land use, notice of which shall be in the manner required by Section 22.08 Notices. C. Planning Commission Action. 1. The Planning Commission shall conduct the required public hearing. At the public hearing, the Planning commission shall review the application for special land use approval in accordance with Section 8.03 and any specific standards in Section 8.11 Special Land Use Specific Requirements. 2. The Planning Commission shall recommend that the City Council either approve, approve with conditions or deny the Special Land Use (based on findings outlined in Section 8.03) and the accompanying site plan. D. City Council Action. 1. The Special Land Use request and other pertinent information, together with the recommendation of the Planning Commission, shall be placed on the agenda of the next City Council meeting. The City Council shall either approve, approve with conditions, or reject the request within 60 days, unless an extension has been agreed upon in writing by both the City Council and the Applicant. 2. The decision on a special land use required by the City Council shall be made a part of the public record and incorporated into a resolution that includes a statement of findings and conclusions relative to the special land use which specifies the basis for the decision and any condition imposed. E. Zoning Compliance. Upon approval of a special land use by City Council, Zoning Compliance must be obtained in accordance with Section 22.04.
Section 8.03 STANDARDS FOR SPECIAL LAND USES A. Standards. The Planning Commission and City council shall review the particular circumstances and facts of each proposed use, and shall consider the following general standards, and any specific standards established for a particular use. 1. Compatibility with the Master Plan. The proposed Special Land Use shall be consistent with the goals, objectives, and future land use plan described in the Dexter Master Plan.
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2. Compliance with Zoning Standards. The proposed Special Land Use shall be designed, constructed, operated, and maintained to meet the stated intent of the zoning district, and shall comply with all applicable ordinance standards. 3. Compatibility with Adjacent Uses. The proposed Special Land Use shall be designed, constructed, operated, and maintained to be compatible with, and not significantly alter, the existing or intended character of the general vicinity in consideration of environmental impacts, views, aesthetics, noise, vibration, glare, air quality, drainage, traffic, or similar impacts. The proposed use shall be such that the location and height of buildings or structures, and the location, nature and height of walls, fences, and landscaping will not interfere with or discourage the appropriate development and use of adjacent land and buildings or unreasonably affect their value. 4. Impact on the Overall Environment. The proposed Special Land Use shall not unreasonably impact the quality of the natural features and the environment in comparison to the impacts associated with typical permitted uses. 5. Impact on Public Facilities. The proposed Special Land Use shall be served adequately by public facilities and services such as police and fire protection, schools, drainage systems, water and sewage facilities, streets, pedestrian or bicycle facilities, and refuse disposal. Such services shall be provided and accommodated without an unreasonable public burden. 6. Traffic Impact. The proposed special land use shall be of a nature that will make vehicular and pedestrian traffic no more hazardous than is normal for the district involved, taking into consideration: pedestrian access and safety; vehicle trip generation (i.e. volumes); types of traffic, access location, and design, circulation, and parking design; street and bridge capacity; and traffic operations at nearby intersections and access points. Efforts shall be made to ensure that multiple transportation modes are safely and effectively accommodated in an effort to provide alternate modes of access and alleviate vehicular traffic congestion. The applicant shall comply with the City’s Complete Street Ordinance. 7. Public Safety and Welfare. The proposed use shall be designed, located, planned, and operated to protect the public health, safety, and welfare. 8. Special Use Approval Specific Requirements. The general standards and requirements of this Section are basic to all uses authorized by Special Land Use Approval. The specific and detailed requirements relating to particular uses and area requirements must also be satisfied for those uses. B. Additional Findings. The Planning Commission and City Council shall also consider the nature and character of the activities, processes, materials, equipment, or conditions of operation, either specifically or typically associated with the use, including but not limited to, hours of operation, outdoor storage, and work areas.
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Section 8.04 CONDITIONS OF APPROVAL A. Authority. The City Council may at its discretion impose additional conditions of approval, when it is determined that such increases in standards or additional conditions are required to achieve or assure compatibility with adjacent uses and/or structures. B. Scope. Conditions that are imposed by the City Council shall: 1. Be related to and ensure the review considerations of Section 8.03 and the applicable specific regulations are met. 2. Special Land Use approval is applicable to a property, not property owners, so long as use remains in effect under terms set from the Section 8.05. 3. The conditions shall remain unchanged unless an amendment to the Special Land Use permit is approved by the City Council. C. Approval of a Special Land Use, including conditions made part of the approval, is attached to the property described in the application and not to the owner of such property. A record of conditions imposed shall be made a part of the City Council minutes and maintained by the Zoning Administrator. D. A development agreement in accordance with Section 22.12 shall be at the City’s discretion. E. A violation of a requirement, condition, or safeguard shall be considered a violation of this ordinance and grounds for the City Council to revoke such special land use approval in accordance with Section 8.08.
Section 8.05 EFFECTIVENESS A. Remain in Force. Upon receipt of site plan approval, special land use approval shall continue in force so long as the particular use or activity continues to operate as approved on the approved site, unless otherwise specified in the City Council resolution of approval. B. Expiration. Any Special Land Use approval granted by the City Council shall expire unless a final site plan effectuating the Special Land Use is submitted within one year of the date of approval. C. Extension. Upon written application filed prior to the termination of the one year period as provided above, the City Council may authorize a single extension of the time limit for an additional one year period. Such extension shall be granted based on evidence from the applicant that the development has a reasonable likelihood of commencing construction during the one year extension period. D. Conforming Use Status. Any approved Special Land Use shall be deemed a use permitted in the district in which it is located and is not to be considered a non-conforming use.
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E. Abandonment. When a Special Land Use which has not previously received a Special Land Use permit ceases operations for more than one year, the Special Land Use permit shall become null and void, and a new Special Land Use permit shall be required to reopen the use. The time frame shall be extended to two years for a use which was approved as a Special Land Use under this Article. F. Resubmittal. No application for a Special Land Use permit which has been denied wholly or in part shall be resubmitted for a period of one year from the date of denial, except on the grounds of new evidence or proof of changed conditions relating to all of the reasons noted for the denial found to be valid by the Planning Commission or City Council. A resubmitted application shall be considered a new application.
Section 8.06 AMENDMENTS, EXPANSIONS, OR CHANGE IN USE The following provisions apply when there is an amendment or a proposed expansion to approved Special Land Uses or when there is a proposed change from one Special Land Use to another. A. Amendments. Any person or agency who has been granted a Special Land Use permit shall notify the Zoning Administrator of any proposed amendment to the approved site plan of the Special Land Use permit. The Zoning Administrator shall determine whether the proposed amendment requires new Special Land Use approval. New Special Land Use approval may be required when such amendment is a departure from the operation or use described in the approved application or causes external impacts such as additional traffic, hours of operation, noise, additional outdoor storage, or display.
B. Expansions. The expansion, change in activity, reuse or redevelopment of any use requiring a Special Land Use Permit shall require resubmittal in manner described in this Article. A separate Special Land Use Permit shall be required for each use requiring Special Land Use review on a lot, or for any expansions of a Special Land Use, which has not previously received a Special Land Use Permit.
C. Change in Use. The applicant shall be responsible for informing the Zoning Administrator of any significant change in an approved use, operations, or activities prior to any such change. The Zoning Administrator shall determine if a new Special Land Use approval is required. A significant change shall mean any departure from the operation or use described in the approved application or any change that may cause external impacts such as additional traffic, hours of operation, noise, additional outdoor storage, or display.
Section 8.07 INSPECTIONS The Zoning Administrator shall make periodic investigations of developments authorized by Special Land Use permit to determine continued compliance with all requirements imposed by the City Council and this Ordinance. Non-compliance with the requirements
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Section 8.08 REVOCATION The revocation of a Special Land Use may occur if its recipient fails to continuously abide by its terms and conditions. The revocation procedure is as follows: A. The City Council, through its designated administrators, shall notify the recipient, in writing, of any violations of City codes or provisions of the Special Land Use. B. The recipient shall have 30 days to correct any deficiencies to the satisfaction of the City Council. C. If after 30 days any deficiencies remain, the City Council may then revoke the Special Land Use, or if the conditions warrant, allow additional time. D. A repeat violation may cause immediate revocation of the Special Land Use.
Section 8.09 RESERVED
Section 8.10 RESERVED
Section 8.11 SPECIAL LAND USE SPECIFIC REQUIREMENTS The following sections identify specific requirements, which shall be complied with by individual Special Land Uses, as determined by the Planning Commission and City Council, in addition to the general standards of Section 8.03. A. Listing: Special Land Uses with specific site and/or use standards described on the following pages: 1. Accessory apartment on upper floors of commercial buildings 2. Accessory apartment in a single family home 3. Accessory use or storage of hazardous materials 4. Accessory commercial outdoor sales or storage (see commercial outdoor sales) 5. Adult regulated uses 6. Arcades and similar devices at public commercial mechanical amusement device centers 7. Automobile service centers (minor repair) and major auto repair establishments
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8. Automobile service (gasoline) stations including those accessory to another use 9. Automobile washes, automatic or self-service 10. Banks, credit unions, savings and loan institutions with three or more drive-through lanes 11. Bed-and-breakfast inns 12. Cemeteries 13. Churches 14. Commercial outdoor sales or storage (as permitted or accessory use) 15. Essential public service buildings and structures 16. Essential public service storage yards 17. Funeral Homes 18. General and specialty hospitals 19. Group day care homes 20. Housing for the elderly, retirement Villages, etc. 21. Kennels, commercial 22. Motels, hotels including accessory convention/meeting facilities and restaurants 23. Nursing and convalescent homes 24. Open air business - see commercial outdoor display, sales and storage 25. Outdoor eating areas 26. Recreation: Commercial outdoor establishments (excluding golf related uses) 27. Recreation: Indoor commercial recreation (bowling alleys, ice areas, skating rinks, etc.) 28. Recreation: Private, non-commercial institutional or community recreation facilities, and swimming pool clubs. 29. Residential cluster development 30. Restaurants and other establishments with drive-in or drive-thru facilities 31. Veterinary Clinics and hospitals B. List of specific requirements by use:
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1. Accessory apartments on upper floors of mixed-use buildings. Housing above retail uses is encouraged in the Village Commercial and Central Business District. These units are designed for singles, younger couples and elderly people without children. A mix of land uses, housing, jobs, and income creates a more balanced commercial district there by reduces traffic and creates better fiscal balance. a. Accessory apartments shall be entirely within building. b. A minimum of 300 square feet per unit. c. Exterior entrances shall be separated from commercial uses. No more than two units can share a common entrance stair from the ground floor. d. One parking space per unit. e. Access to upper story apartments shall conform to ADA requirements and County Building codes. 2. Accessory apartment in a single family home These standards are intended to assist in accommodating the needs of the growing number of senior citizens in the City while providing reasonable control in recognition of the high percentage of renter occupied single family homes in the City. The purpose of these standards is also to prevent the undesirable proliferation of permanent two-family units which would, over time, disrupt the character of single family neighborhoods. a. Accessory apartments shall be entirely within the existing structure and shall include no more than 25% of the total floor area of the home. b. The exterior of the home shall remain unchanged, so it does not give the appearance of being divided into separate units. The addition of a separate exterior door is prohibited. The applicant shall demonstrate the home may be easily converted back to a one unit single family home when the accessory apartment dweller(s) leave the premises or the house is sold. c. One space per accessory apartment is required in addition to single dwelling parking requirements. All parking should be accommodated on-site. Spaces for accessory apartment should be located in the rear yard. 3. Accessory use or storage of hazardous materials The applicant shall provide documentation for the following, with appropriate correspondence from the Michigan Department of Natural Resources (MDNR), Michigan State Police, County Sheriff, Fire Marshall, the EPA, local fire department, and other applicable local codes and ordinances:
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a. Description of any discharge of any type of wastewater to a storm sewer, drain, lake, stream, wetland, other surface water body or into the groundwater. b. Description of storage of any salt, oil or other potentially hazardous materials including common name, name of chemical components, location, maximum quantity expected on hand at any time, type of storage containers or base material and anticipated procedure for use and handling. c. Description of any transportation, on-site treatment, storage or disposal of hazardous waste generated in quantities of 250 gallons or 2,200 pounds per month. d. Description of any secondary containment measures proposed including design, construction materials and specifications, volume and security measures. e. Name and phone number(s) of person(s) responsible for materials and available 24 hours, in case of detected spill. 4. Accessory commercial outdoor display, sales or storage - see commercial outdoor sales 5. Adult Regulated Uses a. Intent: In the development and execution of these zoning regulations, it is recognized there are some uses that, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby causing a deleterious effect upon the adjacent areas. The proximity of adult uses to certain uses considered particularly susceptible to the negative impacts or the concentration of adult uses tends to erode the quality of life, adversely affect property values, disrupt business investment, encourage residents and businesses to move or avoid the community, increase crime and contribute a blighting effect on the surrounding area. This subsection describes the uses regulated and the specific standards needed to ensure that the adverse effects of these uses will not contribute to the deterioration of the surrounding neighborhood, to prevent undesirable concentration of these uses and to require sufficient spacing from uses considered most susceptible to negative impacts. b. Uses Regulated: The following uses are regulated by this subsection. (1) Adult Book or Supply Store (2) Adult Model Studio (3) Adult Motion Picture Arcade
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(4) Adult Motion Picture Theater or Adult Live Stage Performing Theater (5) Adult Outdoor Motion Picture Theater (6) Adult Physical Cultural Establishment (7) Cabaret (8) Massage Parlor except those licensed by the State of Michigan and meeting the criteria outlined in the definitions section (Article II). c. Required Spacing- The establishment of the types of Adult Regulated Uses listed in "b" above shall meet all of the following space requirements; with the distance between uses measured horizontally between the nearest point of each property line: (1) At least 500 feet from any other adult regulated use; (2) At least 500 feet from all churches, convents, temples and similar religious institutions; (3) At least 500 feet from all public, private or parochial nursery, primary or secondary schools, public parks and hospitals; (4) At least 500 feet from any use defined as a "care organization"; (5) At least 500 feet from any one family or multiple family residential district or use; (6) At least 500 feet from any pool or billiard hall, coin-operated amusement center, indoor and outdoor recreation such as miniature golf; dance club catering primarily to teenagers, movie theaters, ice or roller skating rinks and similar uses frequented by children and teenagers. d. Special Site Design Standards (1) Maximum size of the building shall be 5,000 square feet. (2) The building and site shall be designed, constructed and maintained so material such as a display, decoration or sign depicting, describing, or relating to "specific sexual activities" or "specified anatomical areas" (as defined in this ordinance) cannot be observed by pedestrians, motorists on a public right-of-way or from an adjacent land use. (3) Adult regulated uses shall be located within a free standing building. A shared or common wall structure or shopping center are not considered to be a free standing building.
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(4) The color of the building materials shall be reviewed by the Planning Commission and approved by the elected body. (5) A six foot high brick or masonry wall shall be constructed to screen the parking lot. The Planning Commission may permit use of landscaping in place of the wall. (6) Access shall be from an arterial roadway. e. Waivers: Upon denial of any application for an Adult Regulated Use, the applicant may appeal for a waiver of the location provisions above to the Zoning Board of Appeals consistent with the standards set forth below. The Zoning Board of Appeals may waive the location provisions set forth herein, after all the following findings are made: (1) Compliance with Regulations: The proposed use will not be contrary to any other provision of these zoning regulations, or injurious to nearby properties; (2) Not Enlarge District: The proposed use will not enlarge or encourage the development of a "skid row" or "strip"; (3) Consistent with Programs: The establishment of an additional regulated use will not be contrary to, or interfere with, any program of urban renewal or neighborhood development; (4) Consistent with Law: All applicable City, state or federal laws and regulations will be observed. (5) Procedure for Waiver- Prior to granting a waiver of the location restrictions set forth above, and not less than five, nor more than 15 days before the request for waivers is considered or a public hearing held pursuant to this section, the City Council shall publish, in a newspaper of general circulation in the City, one notice indicating that a request for waivers to establish a regulated use has been received, and shall send by mail or personal delivery a copy of that notice to the owners of the property for which waivers are being considered, and to all waivers are being considered, and to all persons to whom any real property is assessed within 500 feet of the boundary of the premises in question, and to the occupants of all structures within 500 feet. If the name of the occupant is not known, the term "occupant" may be used in making notification. The notice of application shall further indicate that a public hearing on the proposed regulated use may be requested by a property owner or occupant, no less than 18 years of age, or a structure located within 300 feet of the boundary of the property being considered for the regulated use. The
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applicant, City Council, or Zoning Board of Appeals may request a public hearing. f. Conditions of Approval: Prior to the granting of approval for the establishment of any Adult Regulated Use, the Planning Commission may impose any conditions or limitations upon the establishment, location, construction, maintenance, or operation of the regulated use as in its judgment may be necessary for the protection of the public interest. Any evidence, bond, or other performance and guarantee may be required as proof that the conditions stipulated in connection therewith will be fulfilled. g. Specific Penalties: No person operating an adult entertainment business shall permit any person under the age of 18 to be on the premises of said business either as an employee or customer. 6. Arcades, mechanical amusement devices and similar devices: a. Any part of the lot occupied by such use shall not be located within 300 feet of any residential district or within 500 feet of the property line of any public, parochial or other private school offering courses in general education. b. Access to the site shall be directly from an arterial street. c. All activities, except for off-street parking or loading, shall be conducted within completely enclosed buildings constructed in accordance with all other applicable codes and Ordinances. 7. Automobile service centers (minor repair) and major automotive repair (such as body shops) All principal and accessory structures shall be set back a minimum of 500 feet from a one-family residential district. a. If the gas station has auto repair there shall be a minimum lot frontage on a paved road of 200 feet. b. Overhead doors shall not face a public street or residential district. The City Council can modify this requirement upon determining there is no reasonable alternative and the poor visual impact will be diminished through use of landscaping beyond that required in Article VI. c. Only one driveway shall be permitted from any street unless the City Council determines additional driveways are necessary and win not increase potential for accidents or congestion. d. Where adjoining residential district, a wall six feet in height shall be erected along any common lot line. Such fence or wall shall be continuously maintained in good condition.
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e. All repair work shall be conducted completely within an enclosed building. f. There shall be no outdoor storage or display of vehicle components and parts, materials, commodities for sale, supplies or equipment. g. Storage of wrecked, partially dismantled, or other derelict vehicles, or overnight parking of any vehicle except a wrecker is prohibited beyond one day. h. The applicant shall submit a Pollution Incidence Protection Plan (PIPP). The PIPP shall describe measures to prevent groundwater contamination caused by accidental gasoline spills or leakage, such as: special check valves, drain back catch basins and automatic shut off valves, as approved by the Fire Department and Washtenaw County Water Resources Commission. 8. Automobile service (gasoline) stations (including those accessory to another use) a. The minimum lot area for gasoline service stations shall be 15,000 square feet for stations having no more than two service bays and no more than two pump islands. There shall be added 3,000 square feet for additional service bay and 1,500 square feet for each additional pump island. At least one street lot line shall be at least 150 feet in length along one major thoroughfare. The lot shall be so shaped and the station so arranged as to provide ample space for vehicles which are required to wait. b. Pump islands shall be a minimum of 40 feet from any public right-of-way or lot line. Tanks, propane, and petroleum products shall be set back at least 15 feet from any lot line. c. Overhead canopies shall be setback at least 20 feet from the right-of-way with materials consistent with the principal building. The proposed clearance of any canopy shall be noted on the site plan. d. Access driveways shall have access on an arterial street. Only one driveway shall be permitted from any street unless the City Council determines additional driveways are necessary and will not increase accident or congestion potential. e. Where adjoining residential district, a fence or wall six feet in height shall be erected along any common lot line. f. All repair work shall be conducted completely within an enclosed building. g. There shall be no outdoor storage or display of vehicle components and parts, supplies or equipment, except within an area defined on
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the site plan approved by the City Council and which extends no more than ten feet beyond the building. h. Storage of wrecked, partially dismantled, or other derelict vehicles is prohibited. i. The applicant shall submit a Pollution Incidence Protection Plan (PIPP). The PIPP shall describe measures to prevent groundwater contamination caused by accidental gasoline spills or leakage, such as: special check valves, drain back catch basins and automatic shut off valves and approved by the Washtenaw County Water Resources Commission. j. In the event that an automobile service station use has been abandoned or terminated for a period of more than one year, all underground gasoline storage tanks shall be removed from the premises, as per state requirements. 9. Automobile washes, automatic or self-service a. Only one ingress/egress driveway shall be permitted on any single street. b. Where adjoining a residential district, a solid fence or wall six feet in height shall be erected along any common lot line. Such fence or wall shall be continuously maintained in good condition. c. All washing facilities shall be within an enclosed building. d. Vacuuming and drying may be located outside the building, but shall not be in the required front yard and shall be set back at least 50 feet from any residential district. e. All cars required to wait for access to the facilities shall be provided stacking spaces fully off the street right-of-way which does not conflict with vehicle maneuvering areas to access gasoline pumps or vacuums, and as required in Article V, Parking Standards. f. Truck wash must be at least 100 feet from all property lines and entirely screened using landscaping from residential 10. Banks, credit unions, savings and loan institutions with drive-through facilities with three or more drive-through lanes a. Only one ingress/egress driveway or one pair of one-way driveways or one stand-alone ready teller structure, shall be permitted along any street. b. Exit and required stacking lanes shall not face directly at a one family residence zoned for residential use unless the alignment is designed or landscaped to prevent headlight glare.
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11. Bed-and-breakfast inns a. Two off-street parking spaces shall be provided for the residential occupants. One additional parking space shall be provided for each bed and breakfast bedroom established; screening and buffering may be required pursuant to Article VI, Landscaping Standards. Parking requirements may be reduced if the Planning Commission finds that reducing off-street parking will not detract from the residential character of the neighborhood, and other parking is available in the immediate area. All parking must conform to standards in Article V, Parking and Loading. b. No bed-and-breakfast inn shall be located closer than 300 feet to another bed-and-breakfast inn. c. Meals or other services provided on the premises shall only be available to residents, employees and overnight guests of the inn. d. The dwelling unit in which the bed and breakfast establishment is located shall be the principal residence of the operator, and said operator shall live on the premises while the establishment is active. e. There shall be a maximum of six rooms for lodging. f. Landscaping pursuant to Article VI shall be used to screen adjacent residences from parking areas or any outdoor eating area. g. A sketch plan showing the floor plan shall be submitted for approval. h. Maximum sign size shall be five square feet with a maximum height of six feet. Sign materials are to be compatible with the architecture of the building. Signs must meet setback standards for the district in which they are located. Internal illumination is prohibited. i. No exterior alterations to the structure shall be made which would change the residential appearance of the structure. j. The applicant is responsible for determining the effect, if any, of the bed and breakfast use upon any subdivision restrictions, deed covenants, etc., that may encumber the property. k. The applicant shall comply with any fire and life safety requirements imposed by the Washtenaw County Building Department according to the Building or Fire Code. 12. Cemeteries a. Minimum property size shall be 20 acres. b. All grave sites, buildings and structures shall be setback at least 25 feet from all property lines.
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c. The City Council shall determine that the cemetery will have a memorial park setting. 13. Churches, temples and similar places of worship a. Minimum lot area shall be three acres plus an additional 15,000 square feet for each 100 persons of occupant load as determined by County Building Code. b. Buildings of greater than the maximum height permitted in Article XX - Schedule of Regulations may be allowed provided the front, side and rear yard setbacks are increased above the minimum required by one foot for each foot of building height that exceeds the maximum permitted. c. All vehicular access to the site shall be onto an arterial or collector street, as classified in the Master Plan. The Planning Commission may allow secondary access onto local (residential) streets if the uses fronting the street which would be most impacted by traffic flow are predominantly non-single family homes. d. Wherever an off-street parking area is adjacent to a residential district, a continuous obscuring wall, fence and/or landscaped area at least five feet in height shall be provided. The City Council may reduce this buffer based on the standards of Article VI. 14. Commercial Outdoor Sales or Storage and Open Air Businesses (as a permitted or accessory use, including sales or storage of: building/lumber supply, contractors yards, flea markets, auctions, garden/landscape supplies, nurseries, greenhouses, stone, farm implement, automobiles, trucks, recreational vehicles, mobile homes, boats, jet skis, mowing equipment, construction equipment and similar materials or equipment). a. Any stockpiles of soils, fertilizer or similar loosely packaged materials shall be sufficiently covered or contained to prevent dust or blowing of materials. b. All outdoor storage areas shall be paved and include a stormwater drainage system. c. No outdoor storage shall be permitted in the front yard or in any required side yard or required rear yard of buildings for the district in which the commercial outdoor display, sales or storage use is located. d. The site shall include a building of at least 500 feet of gross floor area for office use in conjunction with the approved use. e. The display and storage area shall be paved with a permanent, durable and dustless surface and shall be graded and drained to dispose stormwater without negatively impacting adjacent property.
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f. All loading and truck maneuvering shall be accommodated on-site. g. All outdoor storage areas adjacent to a residential district shall provide a wall or buffer strip as described in Article VI. 15. Essential Public Service Buildings and Structures a. Operating requirements necessitate that the facility be located at the subject site to serve the immediate vicinity. b. Electric or gas regulator equipment and apparatus shall be setback a minimum of 30 feet from all lot lines or equal to district setbacks, whichever is greater. They cannot be located in the district front yard setback. c. Essential Public Service Storage Yards shall be screened from any adjacent residential district by a buffer strip (See Section 6.05). d. The buildings or structures shall be architecturally compatible with the surrounding buildings and shall be of masonry construction. 16. Essential Public Service Storage Yards a. Requirements of item 15 above. b. The minimum lot size shall be three acres. c. A chain link fence six feet in height shall be constructed on the boundary property lines. 17. Funeral Home a. Adequate assembly area is provided off-street for vehicles to be used in a funeral procession, provided further that such assembly area shall be provided in addition to any required off-street parking area. A residence may be provided within the main building of mortuary establishments. 18. General and Specialty Hospitals a. All such hospitals shall be developed only on sites consisting of at least ten acres in area. b. The minimum distance of any main or accessory building from bounding lot lines or streets shall be at least 100 feet for front, rear and side yards for all two story structures. For every story above two, the minimum yard distance shall be increased by at least 20 feet. 19. Group Day Care Homes a. The minimum lot area required for a group day care home shall be the same as the minimum lot area required for the zoning district in which the use would be located.
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b. An on-site drive shall be provided for drop off/loading. This drive shall be arranged to allow maneuvers without affecting traffic flow on the public street. c. A minimum of outdoor play area of 2,000 square feet shall be provided. The outdoor play area shall be fenced and screened with landscaping on the exterior side of the fence. The outdoor play area shall not be located within a primary front yard. 20. Housing for the Elderly a. All sites should be conveniently located within adequate distance of food stores, shopping centers, restaurants, drug stores and public transportation, as determined by the Planning Commission. b. All dwelling units shall consist of at least 350 square feet per unit (not including kitchen and sanitary facilities.) c. Total area coverage of all buildings (including dwelling units and related service buildings) shall not exceed 25% of total site, exclusive of any dedicated public right-of-way. d. Passive recreation area(s) shall be provided at the rate of 25 square feet per 100 square feet of living area. e. The minimum lot size shall be not less than three acres. f. All units shall have at least one living room and one bedroom, except that not more than 10% of the units may be of an efficiency-type apartment. g. The gross density of the dwelling units shall not exceed 20 units per acre, exclusive of any dedicated public right-of-way of either interior or bounding roads. h. Except as provided herein, all buildings and sites shall be in compliance with Article XX - Schedule of Regulations. i. No housing for the elderly shall be converted to any other use without complying with the provisions of the Zoning Ordinance in effect. j. The City Council may add any conditions it deems appropriate to ensure the compatibility of the development with the surrounding area. k. All buildings permitted hereunder shall not exceed 35 feet in height. 21. Kennels, Commercial a. For kennels housing dogs, the minimum lot size shall be ten acres.
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b. Buildings wherein dogs are kept, dog runs, and/or exercise areas shall not be located nearer than 100 feet to property lines and shall not be located in any required front, rear or side yard setback area. c. Such facilities shall be subject to other conditions and requirements necessary to prevent possible nuisances (i.e., fencing, sound-proofing, sanitary requirements). d. An operations/management plan shall be submitted to the City. 22. Motels Hotels, including accessory convention/meeting facilities and restaurants. a. Access shall be provided so as not to conflict with the adjacent business uses or adversely affect traffic flow on a major thoroughfare. b. Each unit shall contain not less than 250 square feet of floor area. c. No guest shall establish permanent residence at a motel for more than 30 days within any calendar year. 23. Nursing and Convalescent Homes a. There shall be provided on the site, not less than 1,500 square feet of open space for each bed in the home. The 1,500 square feet of land area shall provide for landscape setting, off-street parking, service drives, loading space, yard requirement and accessory uses, but shall not include the area covered by main or accessory buildings. b. Principal buildings shall not be closer than 40 feet to any property line. 24. Open Air Businesses - see commercial outdoor display, sales and storage 25. Outdoor eating areas Restaurants shall be permitted to operate outdoor eating areas that are physically adjacent, and accessory to the principal restaurant use. Including areas within the public right-of-way and in courtyards, provided that pedestrian circulation and access to store entrances shall not be impaired. Outdoor Seating shall be permitted to provide a unique environment for relaxation, food and beverage consumption, and the need to encourage additional pedestrian traffic and activity. a. To allow for pedestrian circulation, a minimum of five feet of clear sidewalk along the street frontage, and leading to the entrance to the establishment shall be maintained free of any encumbrances. A minimum of ten feet of sidewalk width must be provided to
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accommodate outdoor seating, if outdoor seating is placed on the public sidewalk. b. When outdoor seating is located at a street corner, a ten-foot setback from the corner of the building shall be maintained along both frontages. c. Planters, posts with ropes, or other removable enclosures are encouraged and shall be used as a way of defining the area occupied by the outdoor eating area. If liquor is served a removable enclosure is required. d. Extended awnings, canopies, or large umbrellas shall be permitted and located to provide shade. Colors shall complement building colors. e. Tables, chairs, planters, trash receptacles, and other elements of street furniture shall be compatible with the architectural character of the building where the establishment is located. Photographs, drawings or manufacturers brochures fully describing the appearance of all proposed tables, chairs, umbrellas, awnings, canopies, or other fixtures related to the outdoor seating area shall be included with the application. f. Outdoor eating areas shall not be entitled to additional signage, over and beyond what is permitted for this type of establishment. g. The operators of the establishment shall be responsible for keeping the outdoor eating area and the immediately adjacent area, clean and void of litter at all times. h. The City may restrict the hours of operation for outdoor seating areas immediately abutting residential districts. Applicants may on a case-by-case basis request that outdoor seating be able to remain outdoors (overnight). i. Outdoor seating furniture and elements such as umbrellas and awnings, associated with outdoor seating furniture, must be of substantial weight so that at no time will the outdoor seating furniture present an obstruction or risk to public safety. Proposed outdoor seating materials should be reviewed and considered on a case-by-case basis. If the outdoor seating furniture and elements associated with outdoor seating furniture is temporary in nature it is the responsibility of the proprietor to remove the outdoor seating furniture during inclement weather. All umbrellas should be closed and removed each evening. The City of Dexter accepts no liability for any injury/damage caused by outdoor seating furniture. Applicants for outdoor seating will also be required to sign and submit the City’s Hold Harmless Agreement.
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j. Each permit application for a sidewalk café or outdoor seating shall be accompanied by a policy or certificate of insurance, in an amount acceptable to the City, including workers compensation, naming the City as an additionally insured. Establishments serving alcohol shall also provide a liquor liability policy or certificate of insurance naming the City as an additionally insured. k. The permittee shall be responsible for repair of any damage to the sidewalk caused by the outdoor seating furniture. l. All outdoor seating furniture is to be maintained in a manner that is compatible with the buildings site elements, i.e. signs, awnings and walls. No broken, peeling, rusting or other aesthetic elements should be left outdoors for continued use. m. Each permit shall be effective for one year from October 1 until September 30 and must be renewed annually through administrative review. The annual permit fee for establishing and maintaining outdoor seating shall be established by City Council resolution. n. The City of Dexter reserves the right to deny, revoke or suspend an outdoor seating permit if the permittee has failed to correct violations of the outdoor seating permit within the time specified on the violation notice. If the City denies, revokes, or suspends the permit the City will notify the permittee in writing. The decision to deny, revoke, or suspend a permit may be appealed to the City Council. Variances from the outdoor seating standards must be appealed before the Zoning Board of Appeals. 26. Recreation: Commercial Outdoor Recreation Establishments (excluding golf related uses) a. Such uses shall include, but are not limited to, the following: recreational fields, rinks or courts, including football, softball, soccer, tennis, basketball, ice skating, and similar activities, swimming pools open to the general public or operated by a private non-profit organization, archery and shooting ranges, commercial riding stables, animal racing, go-cart, automobile or motorcycle tracks, music concert pavilions and bandshells, amusement parks and uses accessory to the above uses, such as refreshment stands, retail shops selling items related to the above uses, maintenance buildings, office for management functions, spectator seating and service areas, including locker rooms and rest rooms. b. The site shall be adequate to accommodate the intended use(s), parking and adequate buffer areas without significant impact on nearby properties in terms of noise, traffic, lighting glare, views, odors, trespassing, dust or blowing debris, as determined by the City Council. The applicant shall provide documentation that the site area is adequate using national facility standards.
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c. The site shall be located on a paved street which is classified as an arterial street in the City Master Plan. d. No building or spectator seating facility shall be located within 100 feet of a property line. e. The site shall be periodically cleared of debris. 27. Recreation: Indoor commercial recreation such as bowling alleys, indoor golf, ice arenas, skating rinks, etc.) a. The principal and accessory buildings and structures shall not be located within 100 feet of any residential district or permitted use. b. All uses shall be conducted completely within a fully enclosed building. c. The buildings shall be sound-proofed. 28. Recreation: Private, non-commercial institutional or community recreation facilities, and swimming pool clubs. a. The proposed site shall have at least one property line abutting an arterial roadway as classified in the City Master Plan, and the site shall be so planned as to provide all ingress and egress directly onto or from said road. b. Front, side and rear yards shall be at least 80 feet wide, and shall be landscaped in trees, shrubs, and grass. All such landscaping shall be maintained in a healthy condition. There shall be no parking or structures permitted in these yards, except required entrance drives and those walls used to obscure the use from abutting residential districts. c. Off-street parking shall be provided so as to accommodate not less than one-third of the member families and/or individual members. The City Council may modify the off-street parking requirements in those instances wherein it is determined that the users will be pedestrian and originate from the immediately adjacent areas. Prior to the issuance of a building permit or zoning compliance permit, by-laws of the organization shall be provided in order to establish the membership involved for computing the off-street parking requirements. In those cases wherein the proposed use or organization does not have by-laws or formal membership, the off-street parking requirements shall be determined by the City Council on the basis of usage. 29. Residential Cluster Development a. Purpose. The cluster development provision has the following purposes;
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(1) To permit flexibility in the layout of subdivisions; (2) To permit variety in the size and shape of residential lots; (3) To permit flexibility in the location of residential buildings and grouping of same; (4) To encourage creative approaches in traditional design and development of the residential area; and interconnect with the City pattern of development and road system. (5) To permit economy of the required improvements; (6) To preserve significant natural features such as wooded areas, streams, marshes, ponds, and similar amenities by permitting concentration of building lots and improvements in more readily developable portions of the parcel of land; and (7) To permit provision of open space for the use of residents of the subdivision or to the City at large, and to concentrate such open spaces in locations of such size and shape as to be accessible, usable, and maintainable. This provision is designed to be a designation applied to a parcel of land within an R-1A and R-1B District; it is not designed as a separate zoning district. The cluster development designation is offered as an alternative to conventional subdivision design under standard zoning district regulations. b. General Regulations. Cluster development is permitted in the R-1A and R-1B Districts, subject to all of the regulations of each district in which located, except as specifically modified in this Section. c. Minimum Area. The minimum parcel area for a cluster development shall be 20 acres. d. Permitted Uses. Permitted, accessory, and conditional uses as listed herein in the R-1A and R-1B Districts are permitted in a cluster subdivision in each zoning district. e. Density of Development. The minimum lot area in each of the residential districts may be reduced as permitted in this Section. However, the number of dwelling units in the cluster subdivision shall be no greater than the number permitted if the parcel were to be subdivided in the minimum lot areas as set forth in the zoning district Involved. The permitted number of dwelling units shall be calculated on the basis of the following dwelling unit densities: R-1A - 3.63 dwelling units per acre of total lot area; R-1B - 5.58 dwelling units per acre of total lot area;
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The land area used in the calculation shall include public and private road right-of-ways, existing and proposed, that are located within the proposed subdivision, but shall not include any existing right-of-way of any boundary roads of the subdivision. Only 25% of the acreage comprised of open water, land within the 100 year floodplain elevation, and/or wetlands protected by the Goemaere-Anderson Wetland Protection Act, PA 203 of 1979, shall be calculated toward the total site acreage. f. Area, Placement, and Height Regulations. The regulations for the R-1A and R-1B Districts may be modified as follows, for single family dwellings and their accessory structures only: (1) Minimum lot area - 8,775 square feet in R-1A, in and 5,850 square feet in R-1B Districts; (2) Minimum lot width - 50 feet at the existing or proposed street line; (3) Maximum ground floor coverage - none; (4) Maximum floor area ratio - none; (5) Minimum yards: front yard, or frontage on any street - 25 feet; side yards - none, except, however, that adjacent dwelling structures shall be a minimum of ten feet apart unless structurally attached; rear yard - 15feet. g. Common Open Spaces and Facilities. For each square foot of excess land area resulting from the lot reductions provided in item f. preceding, the subdivision shall provide an equal amount of land dedicated to the common use of the owners in the subdivision or to the public. The manner of dedication shall be approved by the City Council. The lands so dedicated shall be permanently retained as open space for parks, recreation and/or related uses. Parks and/or recreation areas shall have a minimum area of four acres and a minimum dimension of 100 feet. The location, size, suitability for the intended uses, and shape of the dedicated area shall be subject to approval by the City Council. Such land areas shall not include, as a part of the minimum acreage, bodies of water, swamps, or areas of excessive grades which make the land unusable for recreation; however, the area may be in a flood plain. The land areas shall be graded and developed so as to have natural drainage, if such drainage does not exist in the unimproved condition. If the open space area is to consist of two or more parcels at least one parcel shall have the minimum area of four acres. The minimum dimension shall in all cases be 100 feet; and the location size and shape of any parcel shall be subject to approval by the City Council.
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A parcel divided by a drainage course, stream, or river shall be considered as one parcel. Access shall be provided to areas dedicated for the common use of lot owners of the subdivision for those lots not bordering on such dedicated areas by means of streets or pedestrian walkways. Areas dedicated to the public shall have at least one access point by a public street for each separate open space parcel. The City Council shall have the discretion to require additional vehicular and/or pedestrian access points. The developer or subdivider shall dedicate all land areas to be used as common spaces in the subdivision as provided herein at the time of filing for final plat approval for the first phase of the subdivision. Common open space shall have a legal description therefor, which shall include an accurate statement of land areas, all of which shall be certified by a registered land surveyor. h. Sewer and Water Services. All lots in a cluster subdivision shall be served by a public water and sanitary sewer facilities. i. Procedures without Zoning Amendment. The applicant for approval of a preliminary plat shall, at the same time, apply for a Cluster Development designation (hereafter referred to as CD designation) if such designation is desired. The application shall consist of a completed form, fees, and all information required for review of a preliminary plat submitted for tentative approval. The Planning Commission shall review the preliminary plat as set forth in the Subdivision Ordinance and shall include its analysis and recommendations concerning the CD designation in its report to the City Council on the preliminary plat. If the City Council approves the CD designation, It shall indicate same in its tentative approval of the preliminary plat. The City Clerk shall record, and the Mayor shall attest, the CD designation of the Official Zoning Map within three days of the date of final approval of the final plat by the City Council. The recording on the Official Zoning Map shall consist of the CD notation, date of action, and an accurate outlining of the property included in the designation. j. Procedures with Zoning Amendment. If the property included in the CD designation request must also be rezoned to one of the applicable residential districts, the petition to change the zoning district classification shall accompany the application for tentative approval of the preliminary plat. The application shall in this case Include a waiver, signed by the applicant, that the 90 day limit on review of a preliminary plat for tentative approval may be extended to accommodate the time required to process the zoning amendment. The City shall not give tentative approval to the preliminary plat unit after it has approved the zoning amendment. With this exception the procedures set forth in Item i, preceding, shall apply.
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k. Calculations. All calculations and other information needed to review conformance of the plat with the zoning ordinance regulations shall be provided on the preliminary plat. l. Authority. The City Council shall have the authority to approve or deny a request for a CD designation. The Council shall also have the authority to require changes in the size and shape of lots; in lot and street layout; location, size and shape of open area; and in other features of the design and character of a CD subdivision as proposed in a preliminary plat. This authority may be exercised by the Council when it determines that the proposed CD subdivision does not meet the intent of this Section or does not otherwise result in good site and subdivision planning. m. Improvements. Improvements, or security in lieu thereof, shall be provided as required in the Subdivision Ordinance. Improvements of open space areas to be dedicated to the City, or security in lieu thereof, shall be provided by the developer prior to approval of the final plat by the City Council for the first stage of the subdivision. Agreement as to the required improvements for such open space areas shall be made by the developer and City Council prior to the Council's tentative approval of the preliminary plat. Requirements for improvements may be modified as set forth In the Subdivision Ordinance. 30. Restaurants and other establishments with drive-in or drive-through facilities a. Principal and accessory buildings shall be setback at least 75 feet from any adjacent public right-of-way line or property line. Location shall be along an arterial street, as classified in the City Master Plan. b. Only one access shall be provided onto an arterial street. Access points shall be located at least 60 feet from the intersection of any two streets. c. Such restaurants constructed adjacent to other commercial developments shall have a direct vehicular access connection where possible. d. A six foot high wall which creates a completely obscuring effect shall be provided when abutting or adjacent districts are zoned residential. 31. Veterinary Clinics and Hospitals (Small Animal Clinic, Large Animal Clinic, Small Animal Hospital, and Veterinary Hospital) The following regulations apply to all animal clinics and hospitals: a. The use shall be operated by a licensed or registered veterinarian.
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b. Any indoor boarding shall be limited to that incidental to treatment or surgery. c. Any veterinary clinic building or structure which is used for the treatment or holding of animals which is adjacent to a residential district shall have the following construction features: (1) Walls are soundproofed to all a maximum transmission of 65 dB measured at any point on the outside of the exterior wall. (2) Doors must be solid core. (3) Ventilation must be forced air designed in such a fashion as to reduce odiferous effects on residential neighbors. d. A caretaker’s quarters may be permitted. e. Adequate on-site parking shall be required. f. A minimum of 1,000 square feet of green space (grass area) in the rear and/or side yard shall be required. The following regulations apply to all small animal clinics in addition to items 32 a-f: g. Principal use activities shall be conducted within a totally enclosed principal building; no outdoor pet enclosures or runs are permitted. h. Outdoor exercising is allowed when the pet is accompanied by an employee provided no animals shall be permitted outside of the buildings between 8:00 p.m. and 7:00 a.m. The following regulations apply to all large animal clinics in addition to items 32 a-f: i. The principal and all accessory buildings or structures used for the treatment or holding of animals shall be setback at least 200 feet from abutting residential districts, churches or restaurants on the same side of the street; 50 feet from the front property line and 50 feet from all other property lines. j. All principal use activities shall be conducted within a totally enclosed principal building; no outdoor pet enclosures or runs are permitted. k. Outdoor exercising is allowed when the pet is accompanied by an employee provided no animals shall be permitted outside of the buildings between 8:00 p.m. and 7:00 a.m. The following regulations apply to all Veterinary Hospitals and Small Animal Hospitals in addition to items 32 a-f: l. The principal and all accessory buildings or structures used for the treatment or holding of animals shall be setback at least 200 feet from abutting residential districts, churches or restaurants on the same
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side of the street; 50 feet from the front property line and 50 feet from all other property lines. m. Minimum one acre lot n. No dogs are permitted in outside boarding area between 8 p.m. and 7 a.m.
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Article XIX
PUD PLANNING AND DEVELOPMENT REGULATIONS FOR PLANNED UNIT DEVELOPMENT DISTRICTS
Section 19.01 PURPOSE AND INTENT
The Planned Unit Development (PUD) is provided as a design and planning option, intended to permit flexibility in the regulation of land development; to encourage innovative land use in terms of variety in design, layout, and type of structures constructed; to preserve significant natural features and open space; to promote efficient provision of public services and utilities; to encourage aesthetically pleasing development; to ensure compatibility of a proposed PUD with adjacent uses of land and to promote the use of land in a socially and environmentally desirable manner; minimize adverse traffic impacts, to provide adequate housing and employment; to encourage development of convenient recreational facilities; and to encourage the use and improvement of existing sites or buildings when the uniform regulations contained in other zoning districts alone do not provide adequate protection and safeguards for the site or its surrounding areas or flexibility to consider adaptive re-use of existing structures. Specifically, the PUD District regulations set forth herein are intended to achieve the following and a petitioner for a PUD must demonstrate all of the following as a condition for a PUD: A. A recognizable and material benefit to the ultimate users of the project and to the community, where such benefit would otherwise be unfeasible or unlikely to be achieved without application of the PUD regulations. 1. The applicant shall demonstrate to the Planning Commission and City Council that the PUD provides at least three of the following site design elements that could not be attained through a project design under conventional zoning: a. Mixed-use development with residential and non-residential uses or a variety of housing types. b. Redevelopment of brownfield or grayfield sites. c. Pedestrian/transit-oriented design with buildings oriented to the sidewalk and parking to the side or rear of the site. d. High quality architectural design beyond the site plan requirements of this Ordinance.
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e. Extensive landscaping beyond the site plan requirements of this Ordinance. f. Preservation, enhancement, or restoration of natural resources (e.g. trees, slopes, non-regulated wetland areas, views to Mill Creek and/or the Huron River). g. Preservation or restoration of historic resources. h. Provision of open space of public plazas or features. i. Efficient consolidation of poorly dimensioned parcels or property with difficult site conditions (e.g. topography, shape, etc.). j. Effective transition between higher and lower density uses, and/or between non-residential and residential uses; or allow incompatible adjacent land uses to be developed in a manner that is not possible using a conventional approach. k. Shared vehicular access between properties or uses. l. Mitigation of off-site impacts on public facilities such as road improvements. m. Significant use of sustainable building and site design features such as: water use reduction, water-efficient landscaping, innovative wastewater technologies, low-impact stormwater management, optimized energy performance, on-site renewable energy, passive solar heating, reused/recycled/renewable materials, indoor air quality, or other elements identified as sustainable by established groups such as the U.S. Green Building Council (LEED) or ANSI National Green Building Standards. B. Encourage innovation in land use and excellence in design, architecture, layout, type of structures constructed through the flexible application of land development regulations, and the preservation of natural resources. C. The PUD shall incorporate design elements that unify the site through landscaping, lighting, coordinated signage, pedestrian walks and pathways. D. Long term protection and preservation of natural resources and natural features of a significant quantity and/or quality, where such benefit would otherwise be unfeasible or unlikely to be achieved without application of the PUD regulations. The PUD emphasizes a planning approach, which identifies and integrates natural resources and features in the overall site design concept and encourages the provision of open space for active and passive use. E. Long term protection of historic structures or significant architecture worthy of preservation, if applicable.
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F. Achieve economy and efficiency in the use of land, natural resources, energy and the provision for public services and utilities, provides adequate housing, employment and shopping opportunities particularly suited to the needs of the City residents, if applicable. G. The PUD shall be harmonious with public health, safety, and welfare of the City. H. The proposed PUD shall not result in an unreasonable negative environmental impact or loss of historic structure(s) on the subject site. I. The proposed planned unit development shall not result in an unreasonable negative economic impact upon surrounding properties. J. The proposed use or uses shall be of such location, size, density, and character as to be in harmony with the zoning district and City of Dexter Master Plan and shall not be detrimental to the adjoining districts. K. The proposed PUD shall be under single ownership and/or control such that there is a single person, corporation, or partnership having responsibility for completing the project in conformity with this ordinance. L. The PUD is not proposed in an attempt by the petitioner to circumvent the strict application of zoning standards.
Section 19.02 PUD REGULATIONS
A. A PUD may be applied in any zoning district. B. Any land use or mix of land uses authorized in the City of Dexter Zoning Ordinance may be considered for a PUD, subject to public health, safety, and welfare to ensure the compatibility of varied land uses both within and outside of the development and to the limitations of this Article. C. The location of all uses and buildings, all uses and mixtures thereof, all yards and transition strips, and all other information regarding uses of properties as shown on or as part of an approved final PUD site plan, shall have the full force and permanence of the zoning ordinance as though such regulations were specifically set forth in the zoning ordinance. D. Regulations shall be the continuing obligation of any subsequent interest in a PUD district or parts thereof and shall not be changed or altered except as approved through amendment or revision procedures as set forth in this Article XIX. The approved plan(s) and any conditions attached thereto shall control all subsequent planning or development. A parcel of land that has been approved as a PUD district shall not thereafter be developed or used except in accordance with the approved final PUD site plan.
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E. No construction, grading, tree removal, soil stripping, or other site improvements or changes shall commence, and no permit shall be issued therefore, on a lot with, or under petition for, a PUD district classification, until the requirements of this article have been met.
Section 19.03 GENERAL PROVISIONS
All regulations within the City Zoning Ordinance applicable to setback, parking and loading, general provisions, and other requirements shall be met in relation to each respective land use in the PUD based upon the zoning districts in which the use is listed as Permitted Principle Uses. In all cases, the strictest provision shall apply. Notwithstanding the immediately preceding paragraph, deviations with respect to such regulation may be granted as part of the overall approval of the PUD, provided there are features or elements demonstrated by the petitioner and deemed adequate by the City Council, upon recommendation of the Planning Commission designed into the project plan for the purpose of achieving the objectives of this Section. For properties approved for PUD designation, the PUD standards provide the developer with flexibility in design and permit variation of the specific bulk, area, and in some situations, the density requirements of this Ordinance on the basis of the total PUD plan, subject to the approval of the PUD by the City Council, based on a recommendation of the Planning Commission, in accordance with the requirements set forth herein. The PUD standards shall not be sought primarily to avoid the imposition of standards and requirements of other zoning classifications rather than to achieve the stated purposes set forth in this Section. A. Residential Density. 1. Residential density shall not be greater than the maximum density permitted in the zoning district in which the property is situated immediately prior to classification under this Article. Provided, however, City Council may allow, based on a recommendation by the Planning Commission, up to a 25% density bonus upon a finding that: a. Additional density is consistent with the Master Plan and/or DDA Plan; and b. The project provides more than five recognizable and material benefits listed in Section 19.01 A.1. 2. Further, in the determination whether a project warrants additional density, the Planning Commission and City Council may also consider the following factors including, without limitation: innovative design; pedestrian or vehicular safety; long term aesthetic beauty; protection and preservation of natural resources and features; preservation of open space which avoids fragmentation of the resources base and contributes
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to an area wide open space network; and improvements to the City’s infrastructure. 3. To determine density achievable with the underlying zoning for projects 20 acres or greater, the applicant shall submit a parallel plan, which is a conceptual subdivision layout based on the uses of land, dimensional requirements, access to public utilities, and density allowed by right in the district in which the land is located. Only the net buildable area of the residential portion of the site shall be considered. The “net buildable area” consists of the portion of the site that is not encumbered by regulated wetlands, steep slopes, existing rights- of-ways, easements that cannot be included in residential lots, and other site features that would prevent use of the site for residential purposes. The parallel plan shall be submitted as part of the preliminary PUD application. Projects less than 20 acres do not require a parallel plan. 4. If the parcel is not zoned for residential use immediately prior to classification under this Article, the City shall make a determination as to appropriate density based upon existing and planned residential densities in the surrounding area, the availability of utilities and services, and the natural features and resources of the subject parcel. 5. Where a PUD is proposed for a land area that includes multiple underlying zoning districts, density shall be determined separately for each respective zoning district then combined for a maximum permitted dwelling unit density for the overall project. Following the determination of density, residential dwelling unit types may be integrated within the overall design for the project and need not be segregated by the underlying zoning districts. The location and distribution of dwellings within the PUD shall be determined through design that meets the intent of this Article, preservation of natural features and compatibility with surrounding land uses. B. Mixed Use Projects. For planned unit development projects which contain a residential component, the City shall make a determination as to appropriate residential density based upon existing and planned residential densities in the surrounding area, the availability of utilities and service and the natural features and resource of the subject parcel. Where non-residential uses adjoin off-site residentially zoned or used property, noise reduction and visual screening mechanisms such as earthen and/or landscaping berms and/or decorative walls, shall be employed in accordance with Article VI. C. Open Space Regulations.
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1. Buildings, parking lots, drives, and similar improvements may be permitted in open space areas if related and necessary to the functions of the open space. Other buildings and improvements shall be prohibited therein. 2. Open space areas shall be conveniently located in relation to dwelling units. 3. Open space areas shall have minimum dimensions, which are useable for the functions intended, which will be maintainable. 4. The City Council may require, upon recommendation of the Planning Commission, that natural amenities such as ravines, rock outcrops, wooded areas, tree or shrub specimens, unique wildlife habitat, ponds, streams and marshes be preserved as part of the open space system. 5. Landscaping shall be preserved and/or provided to ensure that the proposed uses will be adequately buffered from one another and from surrounding public and private property. 6. Efforts shall be made to preserve natural, historical, and architectural features and the integrity of the land, including MDEQ regulated and non- MDEQ regulated wetlands or floodplains. 7. When completed, the PUD shall have significant areas devoted to open space, which shall remain in its natural state and/or be restricted for use for active and/or passive recreation purposes harmonious with peaceful single-family residential uses in and surrounding the development. Priority shall be on preserving the most important natural features on the site, as identified by a site analysis. The amount of open space, including the area and percentage of the site, shall be specified on the site plan. 8. In addition to preservation of natural features, additional open space shall be, where possible, located and designed to achieve the following: provide areas for active recreation, provide areas for informal recreation and pathways convenient to the majority of the residents within the development connect into adjacent open space, parks, bike paths, and provide natural greenbelts between land uses. 9. Areas not considered open space. a. The area within a public street right-of-way or private road access easements or other easements that include roads or drives. b. The area located below the ordinary high water mark of an inland lake, river or stream, or any pond with standing water year round. c. The area within any manmade storm water detention or retention pond.
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d. The required yard (setbacks) area around buildings, which are not located on an individual lot or condominium site. D. Preservation of Natural Resources and Natural Features. Taking into consideration the criteria set forth in Sections 19.01 and 19.03, the City shall evaluate the proposed PUD to determine the following: 1. Natural resources will be preserved to the maximum extent feasible. 2. The proposed PUD respects the natural topography and minimizes the cutting, filling, and grading required. 3. The proposed PUD will not detrimentally affect or destroy natural features such as lakes, ponds, streams, wetlands, steep slopes and woodlands and will preserve and incorporate such features into the development’s site design. 4. The proposed PUD will not cause off-site soil erosion or sedimentation problems. 5. The conveyance and storage of storm water will enhance the aesthetics of the site.
Section 19.04 – DESIGN STANDARDS
A. Generally. The proposed development shall be consistent with the general principles and objectives of the adopted Master Plan, the subdivision ordinance, and all applicable building codes. B. Setbacks in the PUD Project. All regulations applicable to front, side and rear yard setbacks, shall be met in relation to each respective land use in the PUD upon zoning district regulations in which the proposed use is listed as a Permitted Principle Use or Special Land Use. C. Vehicular and Pedestrian Circulation. 1. Vehicular circulation shall be designed in a manner, which provides safe and convenient access to all portions of the site, promotes safety, contributes to coherence of site design, and adapts to site topography. The City encourages vehicular circulation to be modeled after the grid system or a modified grid system and traditional neighborhood design (TND) guidelines. 2. Walkways shall be provided in a manner, which promotes pedestrian safety and circulation. Walkways should be separated from vehicular traffic except where roadway crossings are necessary. The plan shall provide pedestrian and bicycle access to, between or through all open space areas, and to appropriate off-site amenities. Informal trails may be
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constructed of gravel or other similar material, however, the City may require the construction of a pathway of up to eight feet in width be constructed of concrete or asphalt through portions of the development or along any public right-of-way abutting the development. The pedestrian circulation system, and its related walkways and safety paths, shall be separated from vehicular thoroughfares and ways. 3. Physical design techniques, known as traffic calming are encouraged. These techniques are intended to alter driver behavior to reduce speed and cut-through traffic, improve vehicular safety, and improve conditions for non-motorized traffic. Traffic calming techniques may include but are not limited to the following, pedestrian refuge islands, central islands, chicanes, roundabouts, chokers, curb extensions and/or raised pedestrian crossings. 4. Locations for school bus stops and mailboxes shall be shown on the site plan. 5. Each lot or principal building shall have vehicular access from a public street or private street or alley approved by the City Council and recommended by the Planning Commission. 6. Each lot or principal building shall have pedestrian access from a public or private sidewalk where deemed necessary by the City Council, upon recommendation of the Planning Commission, as part of the preliminary and final site plans. All parts of a PUD district shall be interconnected by a sidewalk system with design and materials acceptable to City Council, which will provide necessary, safe, and convenient movement of pedestrians. 7. Standards of design and construction for public and private streets may be modified to adequately provide the service required. Right-of-way standards may also be modified, especially where the preliminary and final site plans provide for separation of pedestrian and vehicular traffic and adequate, off-street parking facilities. Modification of proposed public streets shall first be reviewed by the City Engineer. 8. Public and private streets shall be designed and constructed according to established standards for public streets, except that such standards may be modified as provided in Section 19.03.A.3. If private streets are to be dedicated to a public agency in the future, the petitioner shall first agree to bear the full expense of making the street suitable for public acceptance. 9. An individual dwelling unit in any single-family, two-family, townhouse, mobile home, or similar residential structure shall not have direct access to a collector or arterial street.
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10. Thoroughfare, drainage, and utility design shall meet and exceed standards otherwise applicable in connection with each of the respective types of uses served. D. Parking and Loading Regulations. 1. The parking and loading requirements set forth in Article V, herein, shall apply except that the number of spaces required may be reduced if approved by the City Council, upon recommendation of the Planning Commission, as part of the preliminary and final site plans. Such reduction shall be based upon specific findings and further based on the provisions in Article V. 2. Parking areas within the PUD shall meet the minimum requirements of City Ordinances, unless modified by the Planning Commission and City Council. E. Utilities. 1. Each principal building shall be connected to public water and sanitary sewer lines. 2. Each site shall be provided with adequate storm drainage. Open drainage courses and storm water retention/detention ponds may be permitted. 3. There shall be underground installation of utilities, including but not limited to, electrical, telephone, and cable television lines, provided, however, that distribution lines may be placed overhead if approved by the City Council. Surface mounted equipment for underground wires shall be shown on the final site plan and shall be screened from view. 4. The uses proposed in the PUD shall not adversely affect the existing public utilities and circulation system, surrounding properties, or the environment. F. Storm water Drainage/Erosion Control. All storm water drainage and erosion control plans shall meet the standards adopted by the City for design and construction and shall to the minimum extent feasible, utilize non-structural control techniques, including but not limited to: 1. Limitation of land disturbance and grading; 2. Maintenance of vegetated buffers and natural vegetation; 3. Minimization of impervious surfaces; 4. Use of terraces, contoured landscapes, runoff spreaders, grass, vegetated, or rock-lined swales; use of infiltration devices, including but not limited to rain gardens, native landscaping, and bio-retention swales.
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G. Design Elements. It is the intent of this article to promote excellence and innovation in design. Signage, lighting, landscaping, architecture and building materials for the exterior of all structures, and other features of the project, shall be designed and completed with the objective of achieving an integrated and controlled development, consistent with the character and the community, surrounding developments, and natural features of the area. Residential projects shall be designed to complement the visual context of the natural area. Techniques such as architectural design, site design, the use of native landscaping and choice of colors and building materials shall be utilized in such manner that the scenic views across or through the site are protected and that the residential development is buffered from different land uses. Non-residential and/or mixed use projects shall contribute to the enhancement of community and public spaces by providing at least two of the following: patio/seating area, pedestrian plaza with benches, transportation center, window shopping walkway, outdoor playground area, kiosk area, water feature, clock tower or other such deliberately shaped area and/or focal feature or amenity that, in the judgment of the City Council, as recommended by the Planning Commission, adequately enhances such community and public spaces. Any such areas shall have direct access to the public sidewalk network and such features shall not be constructed of materials that are inferior to the principle materials of the building and landscape.
Section 19.05 - APPLICATION AND PROCESSING PROCEDURES
A. Pre-Application Meeting (Optional). An optional pre-application meeting with the Zoning Administrator may be requested by the applicant, and may include the Fire Inspector, other City department heads, and the City’s engineer and planning consultants, as determined by the Zoning Administrator. The intent of the Pre- Application meeting is to discuss the appropriateness for the PUD concept, solicit feedback, and receive requests for additional materials supporting the proposal. A generalized site plan may be presented by the prospective applicant for consideration of the overall idea of the development. Statements made during the pre-application meeting shall not be legally binding commitments. B. Conceptual Review. All Planned Unit Development (PUD) projects are required to undergo a conceptual review process, in order to facilitate a complete and thorough review prior to approval. This requirement is deemed necessary because PUD projects are generally complex projects with higher intensity development that could have a major impact on surrounding land uses and significantly affect the health, safety, and general welfare of City residents. 1. Conceptual Review Procedure. Conceptual review shall be undertaken first by the Planning Commission and then by the City Council at public meetings held pursuant to all applicable notice requirements. At this stage,
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complete details of landscaping, site grading, drainage, and utilities, etc. are not essential. Basic questions of use, density, design, architecture, integration with existing development in the area and impacts on and the availability of public infrastructure are generally discussed. No formal action shall be taken on a plan submitted for conceptual review. Statements made during conceptual review shall not be legally binding commitments. 2. Information Required for Conceptual Review. The following information shall be required for conceptual review and shall be submitted to the Zoning Administrator at least 30 days prior to a Planning Commission or City Council meeting, as appropriate. If complete and accurate plans and documents are submitted, the case will be eligible to be placed on the meeting agenda (although placement on an agenda may be delayed due to other scheduling priorities). a. An application, in a form provided by the Zoning Administrator, along with the applicable fee, as set forth by resolution of the City Council. b. A conceptual plan for the proposed PUD, drawn to an engineer’s scale of not less than one inch = 20 feet for property less than three acres, or one inch = 100 feet for property three acres or more in size, that includes all of the following: i. Title block with sheet number/title; name, address and telephone number of the applicant and firm or individual who prepared the plans; and date(s) of submission and any revisions. ii. Scale and northpoint; iii. Location map drawn to a separate scale; iv. A legal description of the property ; v. Zoning classification of site and all abutting parcels; vi. Net acreage (minus rights-of-ways) and total acreage. For parcels less than one acre, square footage must be provided. vii. Adjacent land uses; viii. Existing lot lines, building lines, structures, parking areas, and other improvements on the site and within 100 feet of the site; ix. Location, type, and land area of each proposed land use; type of dwelling units, if residential use is proposed, along with the number of units and proposed density; x. Proposed lot lines, lot dimensions, property liens, setback dimensions, and other improvements;
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xi. Location and height of all proposed buildings and structures; xii. Location of existing and proposed roads, driveways, parking lots, sidewalks, and pathways on or within 250 feet of the site; xiii. Proposed off-street parking lots and number of spaces; xiv. Conceptual landscape plan; xv. The general location of existing plant material; xvi. Location of existing drainage courses, floodplains, rivers, and MDEQ regulated wetlands; xvii. Location of existing and proposed sanitary sewers; xviii. Location of existing and proposed water mains; xix. Stormwater retention and detention pond locations and existing, or proposed storm sewers; xx. Number and location of residential units; xxi. Density calculation by type of residential unit; and xxii. Location and size of recreation and open space areas. c. Documentation indicating how the criteria for qualifications for a PUD have been met (as outlined in Section 19.01). d. A table which details all deviations from the established zoning district uses; area, height, and setback requirements; off-street parking regulations; general provisions; or subdivision regulations which would otherwise be applicable to the uses and development proposed in the absence of this PUD article. This table shall clearly identify the allowed regulation in comparison to the requested deviation. e. Any additional information requested by the Planning Commission and City Council to better assist in the determination of PUD qualification such as, but not limited to: market studies, fiscal impact analysis, traffic impact studies, and environmental impact assessments.
C. Preliminary PUD Application – Submission and Content. Following the Conceptual Review with the Planning Commission and City Council, 16 hard-paper copies and one electronic PDF copy of the application and all required materials for Preliminary PUD Plan shall be submitted. The submission shall be made to the Zoning Administrator for distribution to applicable reviewing parties and agencies. The Preliminary PUD Plan shall be accompanied by an application form and fee as
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determined by the City Council. The Preliminary PUD Plan shall contain the following information: 1. All information required for Preliminary Site Plan Review in accordance with Section 21.08, Data Required for Preliminary and Final Site Plans. 2. A narrative describing: a. The nature of the project, projected phases, and timetable. b. The proposed density, number, and types of dwelling units if a residential PUD. c. A statement describing how the proposed project meets the intent of the PUD District pursuant to Section 19.01. d. A statement from a registered engineer describing how the proposed project will be served by public water, sanitary sewer, and storm drainage. e. Proof of ownership or legal interest in property. D. Public Hearing – Planning Commission. The Planning Commission shall hold a public hearing and give notice in accordance with Section 22.08, Public Notice. If at any time after the public hearing the Preliminary PUD becomes inactive (no new information or plans submitted) for a period of six months, the Preliminary PUD submittal shall become null and void. One extension may be granted at the discretion of the Zoning Administrator upon written request by the applicant to the Zoning Administrator with additional information provided for a period of six months. The Zoning Administrator will notify the Planning Commission and the City Council of the extension. E. Preliminary PUD Plan – Planning Commission Review and Recommendation. The Planning Commission shall review the Preliminary PUD Plan according to the provisions found in Sections 19.03 through 19.05. Following the public hearing, the Planning Commission shall recommend to the City Council either approval, denial, or approval with conditions of the Preliminary PUD Plan. In making its recommendation, the Planning Commission shall find that the proposed PUD meets the intent of the PUD district and the following standards: 1. In relation to the underlying zoning, the proposed type and density of use shall not result in a material increase in the need for public services, facilities, and utilities and shall not place a material burden upon the subject or surrounding land or property owners and occupants or the natural environment. 2. The proposed development shall be compatible with the Master Plan and shall be consistent with the intent and spirit of this Article.
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3. The PUD shall not change the essential character of the surrounding area. 4. Proposed phases and timetable. 5. The proposed PUD shall be under single-ownership or control such that there is a single person or entity having responsibility for completing the project in conformity with this Article. This provision shall not prohibit transfer of ownership or control which must be requested in writing to the Zoning Administrator and shall require approval of City Council. F. Preliminary PUD Plan – City Council Review and Determination. After receiving the recommendation of the Planning Commission, the City Council shall approve, deny, or approve with conditions the Preliminary PUD Plan in accordance with the standards for approval and conditions for a PUD noted in Subsection D. above. G. Preliminary PUD Plan – Effect of Approval. Approval of the Preliminary PUD Plan that is required to accompany a PUD application does not constitute Final PUD Plan or rezoning approval, but only bestows the right on the applicant to proceed to the Final PUD Plan stage. The application for Final PUD consideration shall be submitted within 12 months of receiving Preliminary PUD approval or the application shall be null and void. H. Final PUD Application – Submission and Content. Following Preliminary PUD Plan approval, copies of the application for Final PUD Plan shall be submitted to the Zoning Administrator. The Final PUD Plan shall be accompanied by an application form and fee as determined by the City Council. The Final PUD Plan shall contain the same information required for the Preliminary PUD Plan in subsection D. above along with the following information and any information specifically requested by the Planning Commission and/or City Council in their review of the Preliminary PUD Plan: 1. All information required for Final Site Plan Review in accordance with Section 21.08, Data Required for Preliminary and Final Site Plans. 2. Detailed construction and engineering plans in accordance with 21.10. 3. PUD Agreement. The applicant shall submit a Development Agreement in accordance with Section 22.12. I. Final PUD Plan and Rezoning – Planning Commission Review and Recommendation. After receiving approval of the Preliminary PUD Plan from the City Council, the Planning Commission shall review the Final PUD Site Plan and rezoning application and shall recommend to the City Council either approval, denial, or approval with conditions. In making its recommendation, the Planning Commission shall find that the proposed Final PUD Plan is in substantial compliance with the approved Preliminary PUD Plan and still meets the intent of the
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PUD District in addition to all development standards outlined in Sections 19.03 through 19.05. J. Final PUD Plan and Rezoning – City Council Review and Determination. After receiving the recommendation of the Planning Commission and considering the comments of the public, the City Council shall prepare a report stating its conclusions, its decision, the basis for its decision, and any conditions imposed on an affirmative decision. K. Final PUD Plan and Rezoning – Effect of Approval. The Final PUD Plan, the narrative and all conditions imposed, if any, shall constitute the land use authorization for the property. All uses not specifically listed in the Final PUD Plan are disallowed and not permitted on the property. All improvements and uses shall be in conformity with this zoning amendment to PUD. The applicant shall record an affidavit with the Washtenaw County Register of Deeds, which shall contain the following: 1. Information Related to the Condominium Development. The following information shall be provided with the final site plan for a condominium development a. Condominium documents, including the proposed master deed, restrictive covenants, and condominium bylaws. b. Condominium subdivision plan requirements, as specified in Section 66 of Public Act 59 of 1978, as amended, and Rule 401 of the Condominium Rules promulgated by the Michigan Department of Commerce, Corporation and Securities Bureau. 2. Legal description of the property. 3. Legal description of the required open space and/or common space along with a plan stating how the open space and/or common space is to be maintained. 4. A statement that the property will be developed in accordance with the approved Final PUD Plan and any conditions imposed by the City Council or Planning Commission unless an amendment is duly approved by the City upon the request of the applicant or applicant’s transferees and/or assigns. This statement shall also include the duration of approval and action for non- compliance.
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Section 19.06 RESOLUTION OF AMBIGUITIES AND CHAPTER DEVIATIONS
A. The City Council, based upon the recommendation of the Planning Commission, shall resolve all ambiguities as to applicable regulations using this Zoning Chapter, the Master Plan, and other City standards and/or polices as a guide. B. Deviations with respect to such regulations may be granted as part of the overall approval of the PUD provided there are features or elements demonstrated by the applicant, and deemed adequate by the City Council upon the recommendation of the Planning Commission, designed into the PUD for the purpose of achieving the intent and objectives of this Article.
Section 19.07 PUD CONDITIONS
A. Reasonable conditions may be required by the City Council, upon the recommendation of the Planning Commission before approval of a PUD, to the extent authorized by law. Conditions may be included which are deemed necessary to ensure that existing public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity; protecting the natural environment and conserving natural resources and energy; ensuring compatibility with adjacent land uses; and promoting the use of land in a socially and economically desirable manner consistent with the Master Plan. B. Conditions imposed shall be designed to protect natural resources and the public health, safety and welfare of individuals within the project and those immediately adjacent, and the community as a whole; necessary to meet the intent and purpose of this Ordinance; and be related to the objective of ensuring compliance with the standards of this Ordinance. All conditions imposed shall be made part of the record of the approved PUD which shall include a Final PUD plan and development agreement signed by the City and the petitioner.
Section 19.08 PHASING AND COMMENCEMENT OF CONSTRUCTION
A. Phasing. 1. Where a project is proposed for construction in phases, upon completion, each phase shall be capable of standing on its own in terms of the presence of safe and convenient vehicular and pedestrian access, adequate utility services and facilities; recreation facilities and open space. Each phase shall contain all necessary components to ensure protection of natural resources and the health, safety, and welfare of the users of the PUD and the residents of the surrounding area, including sidewalk connections and
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roadway improvements. In addition, each phase of the development which includes residential and non-residential uses shall provide the relative mix of uses and the scheduled completion of construction shall be disclosed and determined to be reasonable at the discretion of the City Council after recommendation from the Planning Commission. 2. The City Council, upon recommendation of the Planning Commission, may require that development be phased so that property tax revenues resulting from such development will generally balance the expenditures required by public agencies to properly service the development; so that serious overloading of utility services and community facilities will not result; and so that the various amenities and services necessary to provide a safe, convenient, and healthful residential environment will be available upon completion of any one phase. The Planning Commission may require the petitioner to provide housing and commercial market analyses, traffic studies, and other information necessary for the Planning Commission to properly and adequately analyze a PUD district request for recommendation to the City Council. 3. The Planning Commission may require, as part of a Final PUD Plan review of a development phase, that land shown as open space on the approved Preliminary PUD Plan be held in reserve as part of the phase to be developed, in order to guarantee that density limits for the entire approved PUD will not be exceeded when the subject phase is completed. Such reserved land may be included in the development of subsequent phases if the density limits will not be exceeded upon completion of that phase or if other land is similarly held in reserve. B. Commencement and Completion of Construction. Construction shall be commenced within one year following Final PUD Plan approval and shall proceed substantially in conformance with the schedule set forth by the applicant, as approved by the City. If construction is not commenced within such time, any approval of a Final PUD Plan shall expire and be null and void, provided, an extension for a one-year period may be granted by the City Council upon good cause shown if such request is made to the City Council prior to the expiration of the initial period. In the event a Final PUD plan has expired, the City Council, based on a recommendation from the Planning Commission, shall be authorized to rezone the property in any reasonable manner, and, if the property remains classified as PUD, a new PUD or zoning application shall be required, and shall be reviewed in light of the existing and applicable law and Ordinance provisions prior to any construction. Extensions on Final PUD Plan approvals are limited to two, one-year extension periods. C. No construction, grading, tree removal, soil stripping, or other site improvements or changes shall commence, and no permit shall be issued for a PUD until the requirements of this Article have been met.
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Section 19.09 AS-BUILT DRAWINGS
As-built drawings shall be provided in accordance with Section 21.13, herein.
Section 19.10 PERFORMANCE GUARANTEE
Performance guarantees shall be provided in accordance with Section 21.16 herein.
Section 19.11 MODIFICATION TO AN APPROVED PUD PLAN
A. A developer may request a change in an approved Preliminary PUD Plan, or an approved Final PUD Plan. A change which is determined by the Zoning Administrator to be a major change shall require an amendment to the approved Preliminary and/or Final PUD Plans. All amendments shall follow the procedures and conditions herein required for the original submittal, review, and approval, including a public hearing and notification. A change, which results only in a minor change as determined by the Zoning Administrator, shall only require a revision to the approved Preliminary PUD Plan and/or Final PUD Plan, and may be approved by the City Zoning Administrator after notification to the Planning Commission and City Council provided the minor change will not significantly alter the PUD as approved by the City Council, including the appearance of the development. B. A request for an amendment shall be made in writing to the Zoning Administrator and shall clearly state the reasons for all proposed amendments. Such reasons shall be based upon considerations such as changing social or economic conditions; potential improvements in layout or design features; unforeseen difficulties; or advantages mutually affecting the interest of City of Dexter and the developer, such as: technical causes, site conditions, state or federal projects and installations, and statutory revisions. Following payment of the appropriate fee, the developer shall submit the required information to the Zoning Administrator for review. C. The following changes shall be considered major: 1. A change in concept of the development. 2. A change in use or character of the development. 3. Changes in type(s) of dwelling units. 4. A change in the number of dwelling units (density). 5. Changes in non-residential floor area of over five percent. 6. Changes in lot coverage and/ or floor area ratio of the entire development greater than one percent.
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7. The rearrangement of lots, blocks, and building tracts. 8. A change in the character or function of any street. 9. A reduction in land area set aside for common open space or the relocations of such area(s). 10. Horizontal and/or vertical elevation changes of five percent or more.
D. Minor changes shall include the following: 1. A change in residential floor area. 2. A change in non-residential floor area of five percent or less. 3. Horizontal and/or vertical elevation changes of five percent or less. 4. An increase in designated “areas not to be disturbed” or open space. 5. Plantings approved in the Final PUD Landscape Plan may be replaced by similar types of landscaping on a one-to-one or greater basis. 6. Changes to approved building materials to higher quality materials. 7. Changes floor plans which do not alter the character of the use. 8. Slight modifications of sign placement or reduction of size. 9. Minor variations in layout which do not constitute major changes. 10. An increase in gross floor area or floor area ratio of the entire development of one percent or less. E. The Zoning Administrator shall have authority to determine whether a requested change is major or minor, in accordance with this Section. The burden shall be on the applicant to show good cause for any requested change. Upon approval of a minor change, revised drawings shall each be signed by the petitioner, the owner(s) of record, and/or the legal representative(s) of said owner(s) and submitted for the record.
Section 19.12 VIOLATIONS
A. A violation of an approved Preliminary PUD Plan, and/or a Final PUD Plan, shall be grounds for the City Council to order that all construction be stopped, and that building permits and certificates of occupancy be withheld until the violation is removed or adequate guarantee of such removal is provided to the City Council.
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B. Violations of any plan approved under this Article, or failure to comply with any requirement of this Article, including agreements and conditions attached to an approved plan, shall be considered a violation of the City Ordinance as provided in Section 21.11.
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Proposed Article 19 Planned Unit Development Process
Pre -application meeting (Optional, but strongly encouraged)
Submit letter of request and application for Conceptual PUD Plan Review
Submit petition/application Review and discussion by and Preliminary/Final PUD Planning Commission, Site Plan and Development and then City Council Agreement
No action taken on Conceptual PUD Plan, but Public Hearing and Review of applicant receives Preliminary Site Plan and Review of Final Site Plan and valuable input and Development Agreement by Development Agreement by Planning Commission direction from PC and CC, Planning Commission staff and consultants.
Action by Planning If Plan is tabled by PC, it Commission: may be revised & Recommendation to City resubmitted for Council reconsideration by PC.
Preliminary/Final Site Plan and Development Agreement reviewed by City Council If Plan is denied by CC, Plan may be revised & resubmitted for PC review/action.
Action by City Council
If Plan is tabled by CC, it may be revised & resubmitted for reconsideration by CC. Approval of Final PUD Plan and Development Agreement by City Council is followed by the execution and recording of the development agreement.
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Article XXI SITE PLAN REVIEW
Section 21.01 INTENT
The intent of this Article is to provide consistent standards and methods for review and approval of site plans to ensure full compliance with the regulations in this Ordinance, other applicable ordinances, state, and federal regulations. Further, the intent is to encourage a harmonious relationship of buildings and uses both within a site and in relation to adjacent uses, achieve efficient use of the land; encourage innovative design solutions; protect natural resources; ensure safety for both internal and external vehicular and pedestrian users; achieve innovative storm water management solutions; and prevent adverse impact on adjoining or nearby properties. It is the intent of these provisions to encourage cooperation and consultation between the City and the applicant to facilitate development in accordance with the City’s land use objectives. This Article also allows administrative approval in certain cases where there is a change in use, a minor change to an existing site, or a minor change determined necessary in the field during construction.
Section 21.02 BUILDINGS, STRUCTURES, AND USES REQUIRING SITE PLAN REVIEW
A. Site Plan Review Requirement. The following buildings, structures, and uses require site plan review: 1. All proposed or permitted uses and related buildings, except single- and two-family dwellings located on individual lots and their associated accessory structures. 2. All proposed special land uses and related buildings. 3. Any alteration, addition, or expansion of an existing permitted or special use and/or related building. 4. Any parking lot or addition thereto.
SECTION 21.03 ADMINISTRATIVE REVIEW
A. Authority. The City Zoning Administrator shall have the authority to conduct an administrative review of a site plan, provided all other standards of this Ordinance are met. The Zoning Administrator may seek the review and comments of applicable staff and/or consultants and reserves the right to refer
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the matter to the Planning Commission if desired. B. Projects to be Reviewed Administratively. Administrative review of a site plan may be conducted for the following projects or under the following circumstances: 1. Minor changes required by outside governmental agencies during construction as determined by the Zoning Administrator.
2. Expansion or reduction of an existing conforming structure or use of 1,000 square feet or less or five percent of the floor area of the structure, whichever is less, provided the site will not require any significant change to existing site improvements such as parking, landscaping, lighting, signs, or sidewalks.
3. A change in use to a similar or less intense use provided the site will not require any significant changes to the existing site improvements such as parking, landscaping, lighting, signs, or sidewalks.
4. Increase in parking or loading area of up to 25% or 6,000 square feet of pavement area without any building changes.
5. Changes to the building height that do not add additional floor area nor exceed the maximum height requirements of the district.
6. Site improvements such as installation of walls fences, lighting, or landscaping consistent with the Ordinance standards.
7. Temporary uses, sales, and seasonal events. C. Information Required. At the direction of the Zoning Administrator, any information required in Section 21.05 and 21.06 of the Zoning Ordinance may be required for administrative site plan approval. However, at a minimum, submissions of a site plan including the following information: 1. Proprietors', applicants, and owner’s names, addresses and telephone numbers. 2. Date (month, day, year), including revisions. 3. Title Block and Scale. 4. North arrow. 5. Proposed and existing structures, parking areas, etc. on the parcel, and within 100 feet of the parcel.
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6. Floor plans and Elevations. Two or three dimensional color renderings may be requested by the Zoning Administrator. D. The Zoning Administrator shall consider the criteria set forth in Section 21.09 in the review of the site plans submitted under this Section.
Section 21.04 PRE-APPLICATION MEETING (OPTIONAL)
An optional pre-application meeting with the City Zoning Administrator and/or the Site Plan Review Committee, may be requested by the applicant, and may include the Fire Inspector, other City department heads, and the City’s engineer and planning consultants, as determined by the Zoning Administrator. The intent of the pre- application meeting is to discuss the appropriateness of the development concept, solicit feedback, and receive requests for additional materials supporting the proposal. A generalized site plan may be presented by the prospective applicant for consideration of the overall idea of the development. Statements made during the pre-application meeting shall not be legally binding commitments.
Section 21.05 PRELIMINARY SITE PLAN REVIEW
A. Application and Fee for Preliminary Site Plan Review. An application for a preliminary site plan review shall be filed with the Zoning Administrator and include the number of copies specified on the application. An application for preliminary site plan review shall be accompanied by the required fees, as well as other data, exhibits, and information hereinafter required.
B. Required Data for a Preliminary Site Plan. An application for approval of a preliminary site plan shall provide the information required for a preliminary site plan as set forth in Section 21.08.
C. Staff/Consultant Review of Preliminary Site Plan. The Zoning Administrator shall determine if the preliminary site plan includes the required information set forth in this Article. If complete, the Zoning Administrator shall forward the preliminary site plan to all applicable City Departments, City Consultants, outside agencies, and other applicable review entities. City Departments, City Consultants, outside agencies, and other applicable review entities shall review the plans and other information submitted for compliance with applicable ordinances, policies, laws, and standards and shall furnish written comments, opinions, and recommendations to the City Zoning Administrator at least two weeks prior to the Planning Commission meeting where action is sought.
The City may permit the applicant to resubmit revised plans in response to the review comment depending on the complexity of the project and the time necessary to review the plans. All plan revisions must be clearly demonstrated, i.e. “bubbled” on the revised plan sets, and accompanied by a written narrative
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summarizing the revisions. Any plan revised in response to comments from the Planner, Engineer or agencies/departments having jurisdiction shall not be placed on the Planning Commission agenda until written review comments from those persons noted above on the revision have been received by the Zoning Administrator.
D. Planning Commission Review of Preliminary Site Plan. If complete, the Zoning Administrator shall transmit complete submittals of the application and preliminary site plan drawing(s), including Planner and Engineer reviews to the Planning Commission prior to its next available regularly scheduled meeting. The Planning Commission shall undertake a study of the same and shall make a recommendation on approval, disapproval, or approval with modifications to the City Council.
E. City Council Approval of a Preliminary Site Plan – Effect of Approval. After recommendation of the Planning Commission, the City Council may approve, deny, or may require changes in the preliminary site plan, and may attach conditions to its approval. Approval of a preliminary site plan by the City Council shall indicate its acceptance of the proposed layout of buildings, streets, drives, parking areas, and other facilities and areas in accordance with the standards set forth in Section 21.09.
F. Expiration of Approval. Approval of a preliminary site plan shall be valid for a period of six months from the date of approval and shall expire and be of no effect unless an application for a final site plan for all or part of the area included in the approved preliminary site plan is filed with the City Zoning Administrator.
G. Phased Site Plans. If a final site plan is submitted for only a part of the area included in the approved preliminary site plan, successive final site plans shall be filed at intervals no greater than three years from the date of approval of the previously approved final site plan. If such period is exceeded, the City Council may declare the approved preliminary site plan invalid with respect to the remaining parts of the site, unless good cause can be shown for the development schedule. In such case, the City Council may require that the site plan be revised to meet current ordinance requirements.
H. Extension of Time Limits. Time limits set forth in this Article may be extended upon showing of good cause, and by written request by the applicant and review and approval by City Council.
Section 21.06 FINAL SITE PLAN REVIEW
A. Application and Fee for Final Site Plan Review. Following approval of the preliminary site plan, an application for final site plan review shall be filed with the Zoning Administrator, including the number of copies specified on the application
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of the proposed final site plan as well as other data, exhibits, and information hereinafter required. An application for final site plan review shall be accompanied by the required fees.
B. Required Data for a Final Site Plan. An application for approval of a final site plan shall provide the information required for a final site plan as set forth in Section 21.08.
1. Information Related to a Condominium Development. The following information shall be provided with the final site plan for a condominium development:
a. Condominium documents, including the proposed master deed, restrictive covenants, and condominium bylaws.
b. Condominium subdivision plan requirements, as specified in Section 66 of Public Act 59 of 1978, as amended, and Rule 401 of the Condominium Rules promulgated by the Michigan Department of Commerce, Corporation and Securities Bureau.
2. Legal description of the property.
3. Legal description of the required open space and/or common space along with a plan stating how the open space and/or common space is to be maintained.
4. A statement that the property will be developed in accordance with the approved Final PUD Plan and any conditions imposed by the City Council or Planning Commission unless an amendment is duly approved by the City upon the request of the applicant or applicant’s transferees and/or assigns. This statement shall also include the duration of approval and action for non-compliance.
C. Staff/Consultant Review of Final Site Plan. The Zoning Administrator shall determine if the final site plan includes the required information set forth in this Article. If complete, the Zoning Administrator shall forward the final site plan to all applicable City Departments, City Consultants, outside agencies, and other applicable review entities. City Departments, City Consultants, outside agencies, and other applicable review entities shall review the plans and other information submitted for compliance with applicable ordinances, policies, laws, and standards and shall furnish written comments, opinions and recommendations to the City Zoning Administrator at least two weeks prior to the Planning Commission meeting where action is sought.
The City may permit the applicant to resubmit revised plans in response to the review comment depending on the complexity of the project and the time necessary to review the plans. Any plan revised in response to comments from
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the Planner, Engineer or agencies/departments having jurisdiction shall not be placed on the Planning Commission agenda until written review comments from those persons noted above on the revision have been received by the Zoning Administrator.
D. Planning Commission Review of a Final Site Plan. The Zoning Administrator shall transmit complete submittals and applicable consultant reviews to the Planning Commission prior to its next available regularly scheduled meeting. The Planning Commission shall undertake a study of the same and shall make a recommendation on approval, disapproval, or approval with modifications to the City Council.
The Planning Commission shall include in its study of the site plan consultation with the Zoning Administrator, the Fire Chief, planning and engineering consultants, other governmental officials and departments, and public utility companies that might have an interest in or be affected by the proposed development.
E. City Council Review of a Final Site Plan. After recommendation of the Planning Commission, the City Council may approve, deny or may require changes in the final site plan, and may attach conditions to its approval. The Zoning Administrator shall advise the applicant in writing of City Council’s action and any required modifications to a final site plan necessary to achieve conformance to the standards specified in this Ordinance after approval of the Official Meeting Minutes.
F. Approval of a Final Site Plan. Upon approval of a final site plan by the City Council, and resolution of any approval contingencies, the applicant, the owner(s) of record, or the legal representative thereof, and the Zoning Administrator shall each sign and stamp five copies of the approved final site plan. One electronic copy of the approved site plan in PDF format shall also be provided for the City’s records. The Zoning Administrator shall transmit two signed copies of the plan and any conditions attached to the approval to the applicant and City project file.
The approved site plan shall become part of the record of approval, and subsequent actions relating to the activity authorized shall be consistent with the approved site plan unless a change conforming to the Zoning Ordinance is agreed by the landowner and the City Council.
G. Effect of Approval. Approval of a final site plan authorizes issuance of a certificate of zoning compliance and issuance of a building permit, provided all other requirements for a building permit have been met. In the case of uses without buildings or structures, approval of a final site plan authorizes issuance of a certificate of zoning compliance and issuance of a certificate of occupancy, provided all other requirements for such certificate have been met.
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H. Expiration of Approval. Approval of a final site plan shall expire and be of no effect two years following the date of approval unless a Zoning Compliance Permit has been issued and construction has begun on the property and is diligently pursued to completion in conformance with the approved final site plan.
I. Extensions of Time Limits. Time limits set forth in this Article may be extended upon showing of good cause, and by written agreement between the petitioner and the recommendation of the Planning Commission and approval by City Council.
Section 21.07 COMBINING PRELIMINARY AND FINAL SITE PLANS
An applicant may, at the applicant's discretion and risk, with approval of the Zoning Administrator, combine a preliminary and final site plan in an application for approval. The Zoning Administrator shall have the authority to require submittal of a preliminary site plan separate from a final site plan, where, in his/her opinion, the complexity and/or size of the proposed development so warrant. A preliminary and final site plan shall not be combined for any development consisting of two or more phases.
SECTION 21.08 DATA REQUIRED FOR PRELIMINARY AND FINAL SITE PLANS.
All plans shall be prepared by a professional engineer registered in the State of Michigan whose seal shall be affixed to the first sheet. All landscape plans shall be prepared by a Landscape Architect licensed in the State of Michigan whose seal has been affixed to the Landscape Plan. Preliminary and final site plans shall include the information set forth in Table 21.08 A-1.
Table 21.08 A-1. Preliminary Site Plan and Final Site Plan Submittal Requirements
Plan Data Required For: Preliminary Final Site Plan Site Plan A. Application Form Name and address of the applicant and property owner X X Address and common description of property and complete legal X X description Dimensions of land and total acreage X X Zoning on the site and all adjacent properties X X Description of proposed project or use, type of building or X X structures, and name of proposed development, if applicable Name and address of firm or individual who prepared the site plan X X
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Plan Data Required For: Preliminary Final Site Plan Site Plan Proof of property ownership X X B. Site and Zoning Data Existing lot lines, building lines, structures, parking areas, and X X other improvements on the site and within 100 feet of the site Proposed lot lines, lot dimensions, property lines setback dimensions, structures, and other improvements to the site and X X within 100 feet of the site. All existing and proposed easements, including type X X Zoning district of site and all adjacent properties X X Land use of site and all adjacent property X X Proposed use of site X X Gross and net lot area in acres and square feet, net lot area excluding all existing road rights-of-way as well as that in proposed rights-of-way, required access easements and portions covered by X X wetlands, bodies of water (including streams, ponds, lakes), and 90% of the area of all existing drainage easements Ground floor and total floor area to be constructed X X Lot coverage (ground floor area divided by net lot area) X X Impervious surface (total impervious area and percentage of X X impervious area to total net lot area) Floor area ratio (total floor area divided by net lot area) X X Number and type of dwelling units and density, for residential X X projects Building height, in feet and number of floors X X Required yards X X C. Natural Features General location of existing plant materials, with identification of X X materials to be removed and materials to be preserved Location, sizes, types, and condition of existing trees X X Topography on the site and within 100 feet of the site at two-foot X X contour intervals, referenced to a USGS benchmark Location of existing drainage courses, floodplains, lakes and X X streams, and wetlands with elevations Wetlands delineated both in the field and on the plan. The existing area must be shown for each wetland. All impacted areas and X X mitigation areas shall be shown with calculations provided.
Soils information, location, and extent of soils that are unbuildable X X in their natural state because of organic content or water table
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Plan Data Required For: Preliminary Final Site Plan Site Plan level, based on the Washtenaw County Soil Survey or equivalent information. Groundwater information on the site, with supporting evidence X X including, but not limited to site-specific soils information. D. Access and Circulation Dimensions, curve radii, and centerlines of existing and proposed X access points, roads, and road rights-of-way or access easements Driveways and intersections within 250 feet of the site X Location of proposed roads, driveways, parking lots, sidewalks, X X and non-motorized pathways Cross-section details of proposed roads, driveways, paring lots, sidewalks, and non-motorized paths illustrating materials and X thickness Dimensions of acceleration, deceleration, and passing lanes X Calculations for required number of parking and loading spaces, X X location, and layout Dimensions of parking spaces, islands, circulation aisles, and X loading zones Fire protection plan X X Traffic regulatory signs and pavement markings X E. Landscape Plans General landscape plan, including location and type of all X X proposed shrubs, trees, and other live plant material. Existing live plant material to remain, and if material will be applied X X to landscaping requirements Existing and proposed topography, by contours, correlated with X X the grading plan Location of all proposed improvements, as shown on the site plan X X Planting list for proposed landscape materials, with caliper size or height of material, root ball type, method of installation X (planting/staking details), botanical and common names, spacing, and quantity Irrigation system plan for watering and draining landscape areas X Sections, elevations, plans, and details of landscape elements, X such as berms, walls, ponds, retaining walls, and tree wells. Proposed means of protecting existing plan material during X construction Proposed dates of installation X
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Plan Data Required For: Preliminary Final Site Plan Site Plan Landscape maintenance schedule X F. Building, Structure, ad Miscellaneous Site Information Location, height, and outside dimensions of all proposed buildings X X and structures Building floor plans and total floor area X Details on accessory structures and any screening X Location, size, height, and lighting of all proposed site and wall X signs Building façade elevations for all sites, drawn at an appropriate X scale Description of exterior building materials and colors (samples may X be required) Location of exterior lighting (site and building lighting) X Lighting details, including size, height, initial lumen rating, type of lamp, method of shielding, type of lens, and depiction of lighting X pattern for all site and building lighting Lighting photometric grid overlaid on proposed site plan showing light intensity (in foot-candles) on site and 10 feet beyond parcel X lines Location of trash receptacle(s) and transformer pad(s) and method X of screening Location of any outdoor sales or display area X X G. Information Concerning Utilities, Drainage, and Related Issues Location of existing and proposed sanitary sewer systems X X Size of existing and proposed sanitary sewer systems X Location of existing and proposed water mains, water service, and X X fire hydrants Size of existing and proposed water mains, water service, and fire X hydrants Site grading, drainage patterns, and other stormwater X X management measures Stormwater drainage and retention/detention calculations X X Stormwater retention and detention ponds, including grading, side X slopes, depth, high water elevation, volume, and outfalls Location of storm sewers and drains X X Size of storm sewers and drains X Location of above and below ground gas, electric, and telephone X X
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Plan Data Required For: Preliminary Final Site Plan Site Plan lines, existing and proposed Location of transformers and utility boxes X Assessments of potential impacts from the use, processing, or X movement of hazardous materials or chemicals, if applicable H. Additional Information Required for Multiple-Family Residential Development The number and location of each type of residential unit (one- X X bedroom units, two-bedroom units, etc.) Density calculations by type of residential unit (dwelling units per X X acre) Garage and/or carport locations and details, if proposed X Mailbox clusters X Location, dimensions, floor plans, and elevations of common X building(s) (e.g. recreation, laundry, etc.), if applicable Swimming pool fencing detail, including height and type of fence, if X applicable Location and size of recreation and open space areas X Indication of type of recreation facilities proposed for recreation X area I. Additional Study (as required by the Zoning Administrator) Traffic Study As required by Zoning Administrator Environmental Assessment As required by Zoning Administrator Noise As required by Zoning Administrator Additional Study as required by the Zoning Administrator As required by Zoning Administrator NOTE: If any of the items listed above are not applicable, a list of each item considered not applicable and the reason(s) why each listed item is not considered applicable should be provided on the site plan.
Section 21.09 CRITERIA FOR SITE PLAN REVIEW
A. Standards. The Planning Commission (and City Council) shall review the site plan to ensure that it complies with all of the criteria below: 1. General. a. The proposed development shall be consistent with the general principles and objectives of the adopted City Master Plan, the subdivision ordinance, and all applicable building codes.
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b. All elements of the site plan shall be designed to take into account the site’s topography, existing historical and architectural features, the size and type of lot, the character of adjoining property, and the traffic operations of adjacent streets. The site shall be developed so as not to impede the normal and orderly development or improvement of surrounding property for uses permitted in this Ordinance. 2. Building Design. The building design shall relate to the surrounding environment in regard to texture, scale, mass, proportion, and color. High standards of construction and quality materials will be incorporated into the new development. 3. Preservation of Significant Natural Features. Judicious effort shall be used to preserve the integrity of the land, existing topography, and natural features, in particular woodlands, MDEQ designed/regulated wetlands, and, to a lesser extent, wetlands which are not regulated by the MEDQ. 4. Landscaping. The landscape shall be preserved in its natural state, insofar as practical, by removing only those areas of vegetation or making those alterations to the topography which are reasonably necessary to develop the site in accordance with the requirements of this Ordinance. Landscaping shall be preserved and/or provided to ensure that proposed uses will be adequately buffered from one another and from surrounding public and private property. Landscaping shall be provided and designed in accordance with the provisions of Article VI, Landscaping Standards. 5. Streets. All streets shall be developed in accordance with the City of Dexter Subdivision control Ordinance and Engineering Standards. 6. Access, Driveways, and Circulation. Safe, convenient, uncongested, and well-defined vehicular and pedestrian circulation within and to the site shall be provided and shall meet the following criteria: a. Drives, streets, parking, and other elements shall be designed to discourage through traffic, while promoting safe and efficient traffic operations within the site and at its access points. b. All driveways shall meet the design and construction standards of the City. c. Access to the site shall be designed to minimize conflicts with traffic on adjacent streets, particularly left turns into and from the site. d. For uses having frontage and/or access on a major traffic route, as defined in the City of Dexter Master Plan, the number design, and location of access driveways, and other provisions for vehicular
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circulation shall comply with the provision s of Section 5.10 Access Management. 7. Emergency Vehicle Access. All buildings or groups of buildings shall be arranged so as to permit necessary emergency vehicle access as required by the City fire and police departments. 8. Sidewalks, Pedestrian, and Bicycle Circulation. a. The arrangement of public or common ways for vehicular and pedestrian circulation shall be connected to existing or planned streets and sidewalks/pedestrian or bicycle pathways in the area in accordance with City of Dexter Non-Motorized Pathways Plan. b. A pedestrian circulation system shall be separated from vehicular circulation systems. c. In order to ensure public safety, special pedestrian measures, such as crosswalks and crossing signals, other such facilities may be required in the vicinity of primary and secondary schools, playgrounds, local shopping areas, fast food/service restaurants, and other high-traffic areas of pedestrians or bicycles. 9. Barrier-Free Access. The site has been designed to provide barrier-free parking and pedestrian circulation. 10. Parking. The number and dimensions of off-street parking spaces shall be sufficient to meet the maximum standards outlined in Article V, Parking and Loading. However, where warranted by overlapping or shared parking arrangements, the Planning Commission may reduce the required number of parking spaces as permitted in Section 5.01.G, Flexibility in Application and Section 5.09 Village Commercial (VC) District Parking. 11. Loading and Storage. All loading and unloading areas and outside storage areas shall be screened, as determined by the Planning Commission, in accordance with Article VI, Landscaping Standards. 12. Soil Erosion Control. The site shall have adequate lateral support so as to ensure that there will be no erosion of soil or other material. The final determination as to adequacy of, or need for, lateral support shall be made by the City Engineer. 13. Utilities. Public water and sewer facilities shall be available or shall be provided for by the developer as part of the site development, where such systems are available. 14. Stormwater Management.
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a. Appropriate measures shall be taken to ensure that removal of surface waters will not adversely affect neighboring properties or the public storm drainage system. Provisions shall be made to accommodate stormwater which complements the natural drainage patterns and wetlands, prevent erosion and the formation of dust. Sharing of stormwater facilities with adjacent properties shall be encouraged. The use of detention/retention ponds may be required. Surface water on all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicular or pedestrian traffic or create standing water. b. Storm water detention, retention, transport, and drainage facilities shall be designed to conserve and enhance the natural storm water system on site, including the storage and filtering capacity of wetlands, watercourses, and water bodies, and/or the infiltration capability of the natural landscape. Storm water facilities shall not cause flooding or the potential for pollution of surface or groundwater, on-site or off-site. Storm water facilities shall conform to the requirements of the Washtenaw County Water Resource Commissioner. Deviations from the Washtenaw County Water Resource Commissioner standards may be permitted upon review and approval by the City Engineer. 15. Lighting. Exterior lighting, in accordance with Section 3.19, shall be arranged so that it is deflected away from adjacent properties and so that it does not impede the vision of traffic along adjacent streets. Flashing or intermittent lights shall not be permitted. 16. Noise. The site has been designed, buildings so arranged, and activities/equipment programmed to minimize the emission of noise, particularly for sites adjacent to residential districts. 17. Mechanical Equipment and Utilities. Mechanical equipment and utilities, roof, building- and ground-mounted, shall be screened in accordance with the requirements of Article VI, Landscaping Standards. 18. Waste Receptacles. Waste receptacles shall be provided as required in Section 3.16, Dumpster and Waste Receptacles. 19. Signs. The standards of Article 7 must be met. 20. Hazardous Materials or Waste. For businesses utilizing, storing or handling hazardous material such as automobile service and automobile repair stations, automobile body repair stations, dry cleaning plants, metal plating industries, and other industrial uses, documentation of compliance with state and federal requirements shall be provided. 21. Industrial site plan requirements.
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a. Site plan proposals for new or expanded industrial development shall comply with the site plan requirements in Articles XVI, I-1, Limited Industrial District and XVII, RD Research and Development District. b. In order to plan for and accommodate new industries in the City of Dexter, the following information shall be provided for all proposed industrial businesses. An industrial activity statement is required in conjunction with site plan review. An industrial activity statement is also required for a new industry prior to occupying an existing building, even if a formal site plan review is not required. Responses shall be submitted on company letterhead, signed, and dated by the chief executive of the proposed facility. i. Business name. ii. Business mailing address. iii. Business phone no., fax no., and emergency phone no. iv. If a subsidiary, the name and address of the parent company. v. The names and titles of individuals involved in management of the business in the City of Dexter. vi. A detailed description of the business to be located in the City of Dexter, including, at minimum, the following information (this information, including the levels of emissions and discharges specified will become a part of the approved site plan, and may be used by the city to monitor compliance with the approved site plan): (1) The types of industrial processes to be used. (2) The products to be created. (3) Identification of chemicals, hazardous substances, flammable or combustible liquids, pesticides, fertilizers, and oil products to be used, stored, or produced. (4) Description of the type and maximum level of any air contaminants or air emissions to be produced by the industrial processes, and description of the measures to be taken to protect air quality.
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(5) Description of the type and maximum amount of wastewater to be produced, and description of the measures to be taken to prevent discharge of pollutants into or onto the ground. (6) Description of the type and level of noise to be created by the industrial processes, and description of any noise abatement measures to be taken vii. If the business is relocating from another municipality, the addresses of previous location(s). viii. The expected daily hours of operation. ix. The days of the week when expected to be in operation. x. Number of employees expected at the facility. xi. Indication whether the business has been cited within the past five years, in any form or manner, by any governmental authority for violation of any laws and regulations, including environmental laws and regulations, and indication whether the business had any permits revoked because of noncompliance with governmental regulations, with detailed explanation. xii. Indication whether, in the past five years, any employees sustained on-the-job disabling injuries or injuries necessitating recovery lasting more than two weeks, or whether any employees have been killed on the job, with detailed explanation. xiii. Indication whether there are any special fire protection devices or measures required by this business, with detailed explanation. xiv. Indication whether there are any special waste treatment procedures or measures required by this business, with detailed explanation. c. Certification Statements. In the letter containing the above information, the following statement shall be inserted prior to the signature by the chief executive officer of the City of Dexter facility:
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i. I hereby swear or affirm that I have sufficient knowledge concerning the proposed business to provide the information provided herein and that this information is true and accurate. I further swear or affirm that I have the authority to sign this document on behalf of the applicant. ii. I acknowledge that the information contained in this document is required under the City of Dexter Zoning Ordinance and shall become a part of our site plan review application. I acknowledge that any omission or material misrepresentation as to the information contained herein shall be cause for denial of the application, and if the omission or material misrepresentation is discovered subsequent to site plan approval, for revocation of that site plan approval. I acknowledge that any operations of the business that are inconsistent with or in conflict with the information presented herein shall constitute a violation of the Zoning Ordinance, and shall be subject to the penalties and corrective action specified in the Zoning Ordinance. 22. Other Agency Reviews. The applicant has provided documentation of compliance with other appropriate agency review standards, including, but not limited to, the MDEQ, MDOT, Washtenaw County Road Commission, Washtenaw County Water Resources Commission, Washtenaw County Health Department, and other Federal and State agencies, as applicable.
Section 21.10 FINAL SITE PLAN AND ENGINEERING
A. No certificates of zoning compliance or building permits shall be issued until all required site plans and engineering plans have been approved and all applicable construction permits are in effect. B. No grading, removal of trees or other vegetation, landfilling, or construction of improvements shall commence for any development for which site plan approval is required until a final site plan is approved and is in effect, and construction permits are issued, except as otherwise provided in this Ordinance.
Section 21.11 AMENDMENT, REVISION OF SITE PLAN
A. An applicant or property owner who has been granted site plan approval shall notify the Zoning Administrator of any proposed amendment to such approved site plan.
B. Minor changes may be approved by the Zoning Administrator. The Zoning
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Administrator must provide, in writing to the Planning Commission and City Council, documentation that the proposed revision does not alter the basic design, compliance with the standards of this Ordinance, nor any specified conditions of the plan. In considering such determination, the Zoning Administrator shall consider the following to be a minor change:
1. Change in size of structures, for residential buildings by up to 5%, provided that the overall density of units does not increase.
2. Change in square footage of non-residential buildings by up to 10% or 2,000 square feet, whichever is smaller.
3. Alterations to horizontal and /or vertical elevations by up to 5%.
4. Movement of a building or buildings by no more than 10 feet.
5. Increase in designated “areas not to be disturbed”.
6. Replacement of plantings approved in the site plan landscape plan by similar types and sizes of landscaping, which provides a similar screening effect on a 1:1 or greater basis, with approval of the Zoning Administrator.
7. Improvements to site access or circulation, such as inclusion of deceleration lanes, boulevards, curbing, pedestrian/bicycle paths, etc.
8. Changes of building materials to another of higher quality, as determined by the Zoning Administrator.
9. Changes in floor plans, which do not alter the character of the use.
10. Modification of sign placement or reduction of size.
11. Internal rearrangement of parking lot, which does not change the number of parking spaces by 5% or alter access locations or design.
12. Changes required or required by the City of safety reasons.
13. Other minor site improvements that meet all Ordinance requirements.
C. Should the Zoning Administrator determine that the requested site plan modification is not minor, the Planning Commission and City Council shall be notified in writing, and the applicant shall submit an application for an amendment to an approved site plan to the Zoning Administrator, in accordance with the procedure under Section 21.06.
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Section 21.12 MODIFICATION OF PLAN DURING CONSTRUCTION
A. All site improvements shall conform to the approved final site plan, including engineering drawings approved by the City Engineer. If the applicant makes any changes during construction in the development in relation to the approved final site plan, such changes shall be made at the applicant's risk, without any assurances that the City Council will approve the changes. B. It shall be the responsibility of the applicant to notify in writing the Zoning Administrator, and the City Council of any changes. The Zoning Administrator may require the applicant to correct the changes so as to conform to the approved final site plan, approve the proposed modification or require the applicant to make the modification request to the City Council. C. Any deviation from the approved site plan, except as authorized in Section 21.11, Amendment to an Approved Site Plan, shall be considered a violation of this Article.
Section 21.13 AS-BUILT DRAWINGS
A. The applicant shall provide as-built drawings and a project engineer’s certificate of all sanitary sewer, water, and storm-sewer lines and all appurtenances, which were installed on a site for which a final site plan was approved. As-built drawing requirements are available in the City’s current engineering standards. The drawings shall be submitted to the Zoning Administrator, and shall be approved by the City Engineer prior to the release of any performance guarantee or part thereof covering such installation. An as-built performance deposit is required to ensure the completion of the as-built drawings. B. The as-built drawings shall show, but shall not be limited to, such information as the exact size, type and location of pipes; location and size of valves, fire hydrants, tees and crosses; depth and slopes of retention basins; and location of any type of other utility installations. The drawings shall show plan and profile views of all sanitary and storm sewer lines and plan views of all water lines. C. The as-built drawings shall show all work as actually installed and as field verified by a professional engineer or a representative thereof. The drawings shall be identified as "As-Built Drawings" in the title block of each drawing and shall be signed and dated by the owner of the development or the owner's legal representative and shall bear the seal of a professional engineer. D. Upon acceptance of the as-built drawings the applicant shall submit the required information for the dedication of public infrastructure, if applicable.
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Section 21.14 PHASING OF DEVELOPMENT
The applicant may divide the proposed development into two or more phases. In such case the preliminary site plan shall cover the entire property involved and shall clearly indicate the location, size, and character of each phase. A final site plan shall be submitted for review and approval for each phase. A construction timeline must be submitted for phased development. The City Council may impose restrictions on the approval of subsequent plans and phases due to lack of permit activity for a period of more than one year. Prior to the approval of subsequent phases the City Council may require that incomplete site work, such as but not limited to incomplete sidewalks, roads or other site amenities that affect the quality of life for residents, be completed.
Section 21.15 INSPECTION
The Zoning Administrator shall be responsible for inspecting all improvements for conformance with the approved final site plan. All sub-grade improvements, such as utilities sub-base installations for drives and parking lots, and similar improvements shall be inspected and approved prior to covering. The applicant shall deposit with the City, to be held by the City in escrow, an amount deemed reasonable by the Zoning Administrator and/or City Engineer to pay for anticipated inspections. The applicant shall be responsible for requesting the necessary inspections. The Zoning Administrator shall obtain inspection assistance from the City Fire Chief, and Engineer, where applicable. The Zoning Administrator shall notify the Planning Commission in writing when a development for which a final site plan is approved has passed inspection with respect to the approved final site plan. The Zoning Administrator shall notify the City Council and the Planning Commission in writing, of any development for which a final site plan was approved, which does not pass inspection with respect to the approved final site plan, and shall advise the City Council and the Planning Commission of steps taken to achieve compliance. In such case, the Zoning Administrator shall periodically notify the City Council and the Planning Commission of progress toward compliance with the approved final site plan and when compliance is achieved.
Section 21.16 PERFORMANCE GUARANTEES
A. Performance bonds, irrevocable bank letters of credit, cash deposits, or other forms of security shall be provided by the applicant to the City. The guarantee shall be provided after a final site plan and/or zoning compliance certificate is approved, but prior to issuance of a certificate of final zoning compliance, or as determined by the Zoning Administrator, for any improvements covered by the site plan. The guarantee shall cover site improvements shown on the approved final site plan, which will not be completed prior to issuance of the certificate of final zoning compliance. Site improvements shall include but not be limited to: streets and drives, parking lots, sidewalks, street signage, grading, required landscaping, required screens, storm drainage, exterior lighting, trash enclosures, utilities and
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any other information shown on the approved final site plan. B. The applicant shall provide a cost estimate of the improvements to be covered by the guarantee and such estimate shall be verified as to amount by the City Engineer. The form of the guarantee shall be approved by the City Attorney. C. If the applicant shall fail to provide any site improvement according to the approved plans within the time period specified in the guarantee, the City Council shall have the authority to have such work completed. The City Council may reimburse itself for cost of such work, including administrative costs, by appropriating funds from the deposited security, or may require performance by the bonding company. D. If a cash deposit is used, the applicant and City Zoning Administrator shall decide at the time of deposit on the means of rebating portions of the deposit in proportion to the amount of work completed on the covered improvements. All required inspections for improvements for which the cash deposit is to be rebated shall have been made before any rebate shall be made. E. The Zoning Administrator may refuse to sign a certificate of final zoning compliance in order to achieve compliance with the approved final site plan, and approved engineering plans related thereto. In such cases, a certificate of final zoning compliance shall be signed by the Zoning Administrator upon compliance with the approved plans or upon provision of adequate security to guarantee compliance following occupancy.
Section 21.17 FEES
Fees for the application and review of site plans and inspections as required by this Article shall be established and may be amended by resolution of the City Council.
Section 21.18 VIOLATIONS
The approved final site plan shall become part of the record of approval and subsequent action relating to the site in question shall be consistent with the approved final site plan, unless the City Council agrees to such changes as provided in this Article. Any violation of the provisions of this Article, including any improvement not in conformance with the approved final site plan, shall be deemed a violation of this Ordinance and shall be subject to all penalties therein.
Section 21.19 PROPERTY MAINTENANCE AFTER APPROVAL
It shall be the responsibility of the owner of a property for which site plan approval has been granted to maintain the property in accordance with the approved site design on a continuing basis until the property is razed, or until new zoning regulations supersede the
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regulations upon which site plan approval was based, or until a new site design is approved. This maintenance requirement includes healthy landscaping, walls, fences, pavement, pavement markings, signs, building exterior, drainage facilities and all other elements of a site. Any property owner who fails to so maintain an approved site design shall be deemed in violation of the use provisions of this Ordinance and shall be subject to the same penalties appropriate for a use violation. With respect to condominium projects, the Master Deed shall contain provisions describing the responsibilities of the condominium association, condominium owners, and public entities, with regard to maintenance of the property in accordance with the approved site plan on a continuing basis. A storm water management maintenance schedule shall be part of the master deed. The Master Deed shall further establish the means of permanent financing for required maintenance and improvement activities, which are the responsibility of the condominium association. Failure to maintain an approved site plan shall be deemed in violation of the use provisions of this Ordinance and shall be subject to the same penalties appropriate for a use violation. Prior to the transitional control date, the developer shall not amend the Master Deed without approval from the Planning Commission.
Section 21.20 DEVELOPMENT AGREEMENTS
The City Council may as a condition of final site plan approval, require the proprietor and/or developer to enter into a Development Agreement with the City. Such agreement shall set forth and define the responsibilities of the proprietor and the City, as set forth in Section 22.13.
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Article 21 Site Plan Review Process
Pre-application meeting w/ Zoning Administrator and/or Site Plan Review Committee (Optional, but encouraged)
Submit generalized concept site plan
No action taken on Review of Plan by Submit application and staff, consultants, Fire conceptual site plan, but applicant receives valuable Preliminary/Final or Combined Department and other Site Plan applicable input and direction from Zoning Administrator departments. and/or Site Plan Review Committee.
Action by Planning If Plan is tabled by PC, Commission: Recommendation to City it may be revised & Council resubmitted for
reconsideration by PC.
Preliminary/Final Site Plan, and possible Development Agreement reviewed by City Council
If Plan is denied by CC, Plan Action by City Council may be revised & resubmitted for PC review/action.
If Plan is tabled by CC, it may Approval of Final Site Plan by be revised & resubmitted for City Council may be followed reconsideration by CC. by the execution and recording of the development agreement.
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Article XXII
ADMINISTRATION AND ENFORCEMENT
Section 22.01 PURPOSE
It is the purpose of this article to provide the procedures for the administration of the Ordinance, issuance of permits, inspection of properties, collection of fees, handling of violators and enforcement of provisions of this Ordinance and amendments thereto.
Section 22.02 ADMINISTRATION
The provisions of this Ordinance shall be administered by the Zoning Administrator, or their designee, to enforce the provisions of this Ordinance. The Zoning Administrator shall be appointed by the City Council. When the position of Zoning Administrator is vacant the City Manager shall act as Zoning Administrator until such time a Zoning Administrator is appointed by the City Council.
Section 22.03 DUTIES AND POWERS OF THE ZONING ADMINISTRATOR
The Zoning Administrator shall have the following duties and powers. A. The Zoning Administrator shall enforce all provisions of this Ordinance and shall issue all necessary notices or orders to ensure compliance with said provisions. B. The Zoning Administrator shall receive applications for and issue certificates of zoning compliance in accordance with this Ordinance. Certificates of Occupancy are issued by the Washtenaw County Building Department. It is the applicant’s responsibility to submit a copy of the Certificate of Occupancy to the Zoning Administrator upon receipt. C. The Zoning Administrator shall make all inspections required by this Ordinance, and all inspections necessary to enforce this Ordinance, and may engage the assistance of the City Fire Chief, Engineer, Attorney, and applicable outside agencies as deemed necessary, in making such inspections. The Zoning Administrator may engage other expert opinion to assist in making such inspections subject to the approval of the City Council. D. The Zoning Administrator shall identify and process violations of this Ordinance. The Zoning Administrator shall be responsible for making periodic inspection of the City or parts thereof for the purpose of finding violations of this Ordinance.
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E. The Zoning Administrator shall keep official records of applications received, certificates issued, fees collected, reports of inspections, and notices and orders issued. F. The Zoning Administrator shall submit to the City Council a quarterly report in which a summary of the activities of the office is presented.
Section 22.04 ZONING COMPLIANCE PERMIT
A. Purpose. A Zoning Compliance Permit must first be obtained by the Zoning Administrator prior to all of the following actions; 1. Procurement of a building permit from the Washtenaw County Building Department. 2. Attaining a Certificate of Occupancy from the Washtenaw County Building Department. 3. A change in use of a lot or structure. 4. Extending a use on a lot where there is a non-conforming use or structure. B. Requirements. 1. Applications for certificates of zoning compliance shall be made to the Zoning Administrator. Each application shall include a description of the proposed use, specifications including a dimensional plot plan or site plan as required in Section 21.08 herein, or any other information requested by the Zoning Administrator necessary to determine zoning compliance. The Zoning Administrator may waive information requirements that do not affect compliance with the Ordinance. The Zoning Administrator shall retain the original documents in accordance with the City’s document retention policy. 2. A certificate of zoning compliance shall be issued for a use or structure and the lot on which situated in which one or more legal non-conformities exist. In such case, the certificate of zoning compliance shall clearly list each legal non-conformity. A certificate of zoning compliance shall not be issued for any use or structure and the lot on which situated if any illegal non- conformity exists thereon. 3. Application for a certificate of zoning compliance may be made by the owner or lessee of the structure or lot, or agent, or by the licensed engineer or architect employed in connection with the proposed work or operation. If the application is made by a person other than the property owner, the application shall either be signed by the property owner or, it shall be accompanied by a letter from the property owner stating they give authorization to the applicant to make such application. The full names and
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addresses of the owner, lessee, applicant, and of the responsible officers, if the owner or lessee is a corporate body, shall be stated in the application. 4. Subject to the limitations of this section, amendments to a plan, application, or other records accompanying the same may be filed at any time before completion of the work for which the zoning compliance is issued. Such amendments shall be deemed part of the original application and shall be filed therewith. C. Issuance of a Certificate. The Zoning Administrator shall examine or cause to be examined all applications and required supplemental materials for a certificate of zoning compliance and amendments thereto within seven days after filing. If the application or the plans do not conform to all requirements of this Ordinance, the Zoning Administrator shall reject such application in writing and state the reasons therefore. If the application or plans do so conform, the Zoning Administrator shall issue a certificate of zoning compliance as soon as possible. The Zoning Administrator shall attach his/her signature to every certificate, or may authorize a subordinate to affix such signature thereto. The Zoning Administrator shall stamp or endorse all sets of corrected and approved plans submitted with such applications as "Approved". D. Voiding of a Certificate. An application for a certificate of zoning compliance shall be deemed to have been abandoned six months after the date of filing unless such application has been diligently prosecuted or a building permit shall have been issued, or a certificate of occupancy shall have been issued for a use not requiring a building permit. The Zoning Administrator may, for reasonable cause, grant one or more extensions of time for additional periods not exceeding 90 days each. Any certificate issued shall become invalid if the authorized work is suspended or abandoned for a period of six months after time of commencing the work. The Zoning Administrator may revoke a certificate of zoning compliance in case of any false statement or misrepresentation of fact in the application or on the plans on which the certificate was based.
Section 22.05 BUILDING PERMITS
No building permit shall be issued for the erection, alteration, moving or repair of any structure or part thereof which does not comply with all provisions of this Ordinance and unless a certificate of zoning compliance has been issued therefore by the Zoning Administrator and is in effect. No structure shall be erected, moved, added to, or structurally altered unless a building permit shall have been issued therefore by the Zoning Administrator.
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Section 22.06 CERTIFICATES OF OCCUPANCY
A. General Requirement. It shall be unlawful to use or occupy or to permit the use of any structure or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of final zoning compliance has been issued by the Zoning Administrator. A certificate of final zoning compliance shall not be approved until it has been signed by the Zoning Administrator, signifying compliance with all provisions of this Ordinance. A certificate of occupancy shall be obtained from the Washtenaw County Building Department, following issuance of final zoning compliance, as cited herein. Failure to obtain a certificate of occupancy when required shall be a violation of this Ordinance and punishable under Section 22.11, herein. B. Change in Use. A structure or part thereof shall not be changed to or occupied by a use different from that existing at the effective date of this Ordinance if a building permit is required, unless a certificate of occupancy is first issued for the different use. C. Existing Structure and Use. A certificate of occupancy shall be issued upon the request of the owner for an existing structure or part thereof, or for an existing use of land, including legal non-conforming uses and structures if, after inspection of premises, it is found that such structures or uses comply with all provisions of this Ordinance, or otherwise have legal non-conforming status. All legal non- conformities shall be clearly described on the certificate of occupancy. A certificate of occupancy shall not be issued for any premises on which illegal non-conformities exist. D. Accessory Structures. An accessory structure shall require a separate certificate of occupancy, unless included in the certificate of occupancy issued for the principal structure, when such accessory structure is completed under the same building permit as the principal structure. E. Application. Application for certificates of occupancy shall be made in writing to Washtenaw County on forms therefore furnished. Upon receipt a copy shall be forwarded to the Zoning Administrator. F. Certificate to Include Zoning. Certificates of occupancy as required by the County Building Code for new buildings or structures, or parts thereof, or for alterations or repairs to existing buildings or structures shall also constitute certificates of occupancy as required by this ordinance. G. Temporary Certificates. Where permitted under the County Building Code, a temporary certificate of occupancy may be issued by the County subject to a recommendation of approval by the Zoning Administrator.
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Section 22.07 RECORDS
The Zoning Administrator shall maintain records of all certificates and permits issued under this ordinance and said records shall be open for public inspection.
Section 22.08 NOTICES
Except as otherwise provided below, notices of hearings regarding zoning amendments, special land uses, and matters before the Zoning Board of Appeals shall be provided as required by the Zoning Enabling Act as follows:
A. Newspaper Notice. A notice shall be published in a newspaper of general circulation in the City not less than 15 days before the hearing. B. Notice Requirements. At least 15 days before the hearing, notices shall be mailed or hand-delivered to the following: 1. The applicant and the owner(s) of the property, if the applicant is not the owner. 2. All persons to whom real property is assessed within 300 feet of the property for which approval has been requested, as shown by the latest assessment roll, regardless of whether the property is located within the City. 3. The occupants of any structures within 300 feet of the boundary for the property for which the approval has been requested, regardless of whether the owner and property is located within the City, except as set forth in Section 22.08 B.4. 4. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different persons, one occupant of each unit or spatial area shall be given notice. If a single structure contains more than four dwelling units or other distinct spatial areas owned or leased by different persons, notice may be given to the manager or owner of the structure, who shall be requested to post the notice at the primary entrance to the structure. 5. The notice under this section is considered to be given when personally delivered or when deposited during normal business hours for delivery with the United States Postal Service, or other public or private delivery service. If the name of the occupant is not known, the term “occupant” may be used for the intended recipient of the notice. C. Exemption. Actions exempt from notification: 1. Requirements for individual notice to property owners shall not apply to
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Ordinance text amendments. 2. Requirement for individual notice as set forth in Section 22.08.B. does not apply to any group of adjacent properties numbering 11 or more that are proposed for rezoning. D. Content of Notice. The notices shall: 1. Describe the nature of the request. 2. Identify any property that is the subject of the request. The notice shall include a listing of all existing street addresses and/or parcel ID numbers within the property. If there are not street addresses, other means of identification (including illustrations) may be used. 3. State when and where the request will be considered. 4. Indicate when and where written comments will be received concerning the request.
Section 22.09 FEES
The City Council shall establish a schedule of fees, by resolution, for administering this Ordinance. The schedule of fees shall be posted on public display in the Office of the Zoning Administrator and may be altered or amended only by the City Council. No permit, certificate, space land use approval, or variance shall be issued unless or until such costs, charges, fees, or expenses listed in this Ordinance have been paid in full, nor shall any action be taken on proceedings before the Zoning Board of Appeals, unless or until charges and fees have been paid in full.
Section 22.10 COMPLIANCE WITH PLANS AND APPLICATIONS
Building permits and certificates of occupancy issued on the basis of plans and applications approved by the Zoning Administrator authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction at variance with that authorized shall be deemed a violation of this ordinance and punishable as provided in Section 22.11, herein.
Section 22.11 VIOLATIONS
A. A violation of this Ordinance shall be a Municipal Civil Infraction and shall be subject to the penalties established under the Municipal Civil Infraction Ordinance of the City of Dexter (Section 22-9). The imposition of any sentence shall not exempt the offender from compliance with the requirements of this Ordinance nor
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prevent the City from seeking injunctive relief or any other remedy available under the law. It shall be the responsibility of the Zoning Administrator to initiate the procedure for removing or abating a violation of the Zoning Ordinance. Upon verification that a Zoning Ordinance violation exists, the Zoning Administrator shall: 1. Give notice of violation by mail or in person to the property owner and the property possessor/occupant (if any). Such notice shall identify the subject property, identify the nature of the violation and the applicable parts of the Zoning Ordinance, direct the discontinuance of the violation, and specify the time period, which will be allowed for abatement of the violation. Or, 2. Issue a "Stop Work Order" if any one of the following apply: a. A zoning compliance permit has not been issued. b. Work in progress does not comply with the plan of the corresponding zoning compliance permit. The stop work order shall contain the same information required for the notice of violation (paragraph A.1., above). In addition the stop work order shall contain the time of day that the order is issued, shall order all persons to stop work immediately, and shall state that failure to comply with the order or removal of the posted order may result in criminal prosecution. If work is progressing at the time of issuance of the stop work order, the order shall be shown to all persons performing work. A copy of the order shall be posted on the property at a point visible from the street and shall be of a distinctive bright color. The Zoning Administrator shall cancel a notice of violation or remove and cancel a stop work order when his/her re-inspection confirms that the violation originally cited has been abated and that no new violation exists. A copy of the cancellation will be mailed or hand delivered to the property owner and the occupant if different from the owner. B. If work continues after posting of the stop work order or the noted violation has not be rectified within the time period afforded, the Zoning Administrator is authorized to issue a Municipal Civil Infraction violation notice per Section 22-9 of the City of Dexter General Code. Any person who violates any provision of this section shall be responsible for a municipal civil infraction, subject to payment of a civil fine as set forth in Section 22-9 of the City of Dexter General Code. C. Public Nuisance Per Se. Any structure which is erected, altered, or converted, or any use of any structure or lot which is commenced or changed after the effective date of this Ordinance, in violation of any of the provisions herein, is declared to be a public nuisance per se, and may be abated by order of any court of competent jurisdiction.
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Section 22.12 DEVELOPMENT AGREEMENTS
A. Development Agreement Requirement. Following the approval of a planned unit development or conditional rezoning, an applicant shall execute a development agreement, in a form approved by the City, specifying all the terms and understandings relative to the proposed development. Development agreements following the approval of site plans or special land uses shall be at the City’s discretion. All costs incurred by the City, including attorney fees, in drafting and approving the development agreement shall be paid by the applicant.
B. Minimum Terms. The content of the agreement shall outline the specifics of the proposed development, but shall at a minimum provide the following terms:
1. A survey of the acreage involved in the proposed development.
2. A description of the ownership of the subject property.
3. A land use description, including a specific description of the proposed uses, density, lot dimensions, setbacks, and other dimensional standards.
4. Proposed method of dedication or mechanism to protect areas designated as common areas, open spaces, or conservation areas.
5. Description of required improvements to common areas, recreational facilities, and non-motorized pathways.
6. General description of any improvements to roads or utilities.
7. Mechanisms to ensure the continued maintenance of common areas, including but not limited to roadways, sidewalks, lighting, landscaping, utilities, and other site improvements.
8. Provisions assuring that open space areas shown on the plan for use by the public or residents of the development will be irrevocably committed for that purpose. The City may require conveyances or other documents to be placed in escrow to accomplish this.
9. Provisions for the future financing of any improvement shown on the plan as site improvements, open space areas, and common areas, which are to be included within the development, and that maintenance of such improvements is assured by means satisfactory to the City.
10. Provisions to ensure adequate protection of natural features.
11. Financial assurances in accordance with Section 22.12 Performance Guarantee, to guarantee the completion of all site improvements.
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12. Requirements that the applicant maintain insurance coverage during development in amounts established by the City, naming the City as an additional insured, and required insurance provisions after the development is completed.
13. The site plan, special land use, planned unit development, or conditional rezoning shall be incorporated by reference and attached as an exhibit.
14. Description of the timing to complete the development of the project. If the project is to be developed in phases, a timeline to complete the construction of each phase.
15. An acknowledgement by the applicant that the terms and conditions of the approval are fair, reasonable, and equitable, and that the terms and conditions do not violate any constitutional rights, and that the applicant freely agrees to be bound by each condition and provision of the development agreement.
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Article XXIII
AMENDMENT PROCEDURE
Section 23.01 INITIATION OF AMENDMENTS
The City Council may, from time to time, amend, modify, supplement, or revise the zoning district boundaries shown on the Official Zoning Map or the provisions of this Ordinance. Amendments may be initiated by resolution of the City Council, the Planning Commission, or by petition of one or more property owners to be affected by the proposed amendment.
Section 23.02 AMENDMENT REQUEST
An amendment to this Ordinance or the Official Zoning Map, except those initiated by the City, shall be initiated by submission of a completed application form and fee. The following information shall accompany the Zoning Amendment application form:
A. A legal description and street address of the subject property, together with a scaled map identifying the subject property in relation to surrounding properties clearly showing the property’s location. B. The name and address of the owner of the subject site, and a statement of the applicant's interest in the subject site if not the owner in fee simple title. C. The existing and proposed zoning district designation of the subject property. D. The land use classification for the subject site as illustrated on the City's Master Plan. E. In the case of an amendment to this Ordinance, other than an amendment to the Official Zoning Map, a general description of the proposed amendment and rationale for the change shall accompany the application form. F. A written description of how the requested rezoning meets Section 23.05 Criteria for Amendment of the Official Zoning Map, or Section 23.06 Criteria for Amendments to the Zoning Ordinance Text.
Section 23.03 AMENDMENT PROCEDURE
A. Upon initiation of an amendment, a work session and public hearing to consider the proposed amendment shall be scheduled before the Planning Commission. Notice of the hearing shall be given as required by the Michigan Zoning Enabling Act
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(Public Act 110 of 2006, as amended) as provided in Section 22.08. B. Following the public hearing, the Planning Commission shall identify and evaluate all factors relevant to the petition and shall report its findings and recommendation to the City Council. The Planning Commission shall consider the criteria listed in Section 23.05 for a requested amendment to the Official Zoning Map, and the criteria listed in Section 23.06 for requested amendments to the standards and regulations in the text. C. Following receipt of the findings and recommendation of the Planning Commission, the City Council shall act on the proposed amendment. In the case of an amendment to the text of this Ordinance, the City Council may modify or revise the proposed amendment recommended by the Planning Commission prior to enactment. A Zoning Ordinance and any amendment shall be approved by a majority vote of members of the City Council. In the case of an amendment to the Official Zoning Map, the City Council shall approve or deny the amendment, based on its consideration of the criteria in Section 23.05. D. Following adoption of a zoning ordinance or any subsequent amendments by the City Council, the Zoning Ordinance or subsequent amendments shall be filed with the City Clerk, and a notice of ordinance adoption shall be published in a newspaper of general circulation in the City of Dexter within 15 days of after adoption. The notice required shall include all of the following information:
1. In the case of a newly adopted Zoning Ordinance, the following statement: “A zoning ordinance regulating the development and use of land has been adopted by the City Council of the City of Dexter.”
2. In the case of an amendment to an existing zoning ordinance, either a summary of the regulatory effect of the amendment, including the geographic area affected, or the text of the amendment.
3. The effective date of the ordinance or amendment.
4. The place where and time when a copy of the ordinance or amendment may be purchased or inspected.
E. Except as otherwise provided under Section 23.03 D., a Zoning Ordinance shall take effect upon the expiration of seven days after publication as required by Section 23.03 E. or at such later date after publication as may be specified by the City Council.
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Section 23.04 AMENDMENTS REQUIRED TO CONFORM TO COURT DECREE
Any amendment for the purpose of conforming to a decree of a court of competent jurisdiction shall be adopted by the City Council and published, without necessity of a public hearing or referral thereof to any other board or agency.
Section 23.05 CRITERIA FOR AMENDMENT OF THE OFFICIAL ZONING MAP
A. Review. In considering any petition for an amendment to the Official Zoning Map, the Planning Commission and City Council shall identify and evaluate all factors relevant to the application, and shall report its findings in full, along with its recommendations for disposition of the application, to the City Council.
B. Findings. The facts to be considered by the Planning Commission and City Council shall include, but not be limited to the following criteria:
1. Consistency with the City of Dexter Master Plan. If conditions upon which the Master Plan was developed (such as market factors, demographics, infrastructure, traffic and environmental issues) have changed significantly since the Master Plan was adopted. Consistency with recent development trends in the area may be considered. 2. Compatibility with the Environment. Compatibility of the site's physical, geological, hydrological, and other environmental features with the host of uses permitted in the proposed zoning district. 3. Return on Investment. Evidence the applicant cannot receive a reasonable return on investment through developing the property with at least one of the uses permitted under the current zoning. 4. Use Compatibility. The compatibility of all the potential uses allowed in the proposed zoning district with surrounding uses and zoning in terms of land suitability, impacts on the environment, density, nature of use, traffic impacts, aesthetics, infrastructure and potential influence on property values. 5. Impact on City Services. The capacity of the City's infrastructure and services sufficient to accommodate the uses permitted in the requested district without compromising the "health, safety and welfare". 6. Demand for Use. The apparent demand for the types of uses permitted in the requested zoning district in the Dexter area in relation to the amount of land currently zoned and available to accommodate the demand. 7. Other factors deemed appropriate by the Planning Commission and City
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Council.
Section 23.06 CRITERIA FOR AMENDMENT TO THE ZONING ORDINANCE TEXT
The Planning Commission and City Council shall consider the following criteria to determine the appropriateness of amending the text, standards and regulations of the Zoning Ordinance. A. Documentation has been provided from City Staff or the Board of Zoning Appeals indicating problems and conflicts in implementation of specific sections of the Ordinance. B. Reference materials, planning and zoning publications, information gained at seminars or experiences of other communities demonstrate improved techniques to deal with certain zoning issues, or that the City's standards are outdated. C. The City Attorney recommends an amendment to respond to significant case law. D. The amendment would promote implementation of the goals and objectives of the City's Master Plan. E. Other factors deemed appropriate by the Planning Commission and City Council.
Section 23.07 RESTRICTIONS ON RESUBMITTAL OF A REZONING REQUEST
An application for an amendment to the Official Zoning Map that has been denied shall not be reconsidered for one year, unless the applicant demonstrates that conditions have changed.
Section 23.08 CONDITIONAL REZONING OF LAND
A. Authorization and Limitations. As an alternative to a rezoning amendment as described in Section 23.01 of this Ordinance, the City Council shall have the authority to place conditions on a rezoning, provided the conditions have been voluntarily offered in writing by the applicant and are acceptable to the City Council. In exercising its authority to consider a conditional rezoning, the City is also authorized to impose the following limitations:
1. An owner of land may voluntarily offer written conditions relating to the use and/or development of land for which a conditional rezoning is requested. This offer may be made either at the time of the application for conditional
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rezoning is filed, or additional conditions may be offered at a later time during the conditional rezoning process as set forth below. 2. The owner’s offer of conditions may not authorize uses or developments not permitted in the proposed zoning district. The owner’s offer of conditions shall bear a reasonable and rational relationship to the property for which the conditional rezoning is requested.
3. Any use or development proposed as part of an offer of conditions that would require a variance under the terms of this Ordinance may only be commenced if a variance for such use or development is ultimately granted by the Zoning Board of Appeals in accordance with the provisions of Article 24 of this Ordinance.
4. Conditional rezoning shall not grant special land use approval. The process for review and approval of special land uses must follow the provisions of Article 8 of this Ordinance.
5. In addition to the informational requirements provided for in Section 23.02 of this ordinance the applicant must provide a conditional rezoning site plan prepared by a licensed professional allowed to prepare such plans under this Ordinance. The site plan shall show the location, size, height, or other dimensions for and/or of buildings, structures, improvements and features on, and in some cases adjacent to, the property that are the subject of the conditional rezoning of land. The details to be offered for inclusion in the conditional rezoning site plan shall be determined by the applicant, subject to approval of the City. A conditional rezoning site plan shall not replace the requirement under this Ordinance for site plan review and approval, or subdivision or site condominium approval, as the case may be.
B. Amendment of Conditions. The offer of conditions may be amended during the process of conditional rezoning consideration, provided any amended or additional conditions are entered voluntarily by the owner, and confirmed in writing. An owner may withdraw in writing all or part of its offer of conditions any time prior to final rezoning action of the City Council, provided such withdrawal occurs subsequent to the Planning Commission’s public hearing on the original rezoning request, then the rezoning application shall be referred back to the Planning Commission for a new public hearing with appropriate notice and a new recommendation.
C. Procedure. The procedure for consideration of a conditional rezoning shall follow the same procedure as a traditional rezoning amendment pursuant to Article 23 of this Ordinance in addition to the following:
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1. A conditional rezoning request shall be initiated by the applicant submitting a proposed Conditional Rezoning Agreement. A conditional Rezoning Agreement shall include the following information:
a. A written statement that confirms the Conditional Rezoning Agreement was proposed by the applicant and entered into voluntarily.
b. A written statement that confirms the property will not be used or developed in a manner that is inconsistent with conditions placed on the rezoning.
c. A list of conditions proposed by the applicant.
d. A timeframe for completing the proposed improvements.
e. A legal description of the land.
f. A sketch plan in sufficient detail to illustrate any specific conditions proposed by the applicant.
2. The notice of public hearing on a conditional rezoning request shall include a general description of the proposed agreement being considered. A review of the proposed agreement shall be conducted at the public hearing.
3. A conditional rezoning may only be approved upon a finding and determination that all of the following are satisfied:
a. The conditions, proposed development, and/or proposed use of the land are designed or proposed for public health, safety, and welfare purposes.
b. The conditions, proposed development and/or proposed use are not in material conflict with the Master Plan, or, if there is material conflict with the Master Plan, such conflict is due to one of the following:
i. A change in City policy since the Master Plan was adopted.
ii. A change in conditions since the Master Plan was adopted.
iii. An error in the Master Plan.
c. The conditions, proposed development and/or proposed use are in accordance with all terms and provisions of the zoning district to
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which the land is to be rezoned, except as otherwise allowed in the Conditional Rezoning Agreement.
d. Public services and facilities affected by the proposed development will be capable of accommodating service and facility loads caused by use of the development.
e. The conditions, proposed development and/or proposed use shall ensure compatibility with adjacent uses of land.
D. Amendment to Zoning Map. Upon approval by the City Council of a Conditional Rezoning request and a Conditional Rezoning Agreement, as provided by this section, the Zoning Map shall be amended to reflect a new zoning classification along with a relevant designation that will provide reasonable notice of the Conditional Rezoning Agreement.
E. Expiration A Conditional Rezoning Approval shall expire two years from the effective date of the rezoning unless development has been diligently pursued and substantial completion has occurred in accordance with permits issued by the City.
1. In the event the conditional rezoning expires, the rezoning and the Conditional Rezoning Agreement shall be void and of no effect.
2. If the Conditional Rezoning becomes void, no development shall be undertaken and no permits for development shall be issued until such time as a new zoning district classification of the property has become effective as a result of one or both of the following actions that may be taken:
a. The property owner seeks a new zoning classification for the property; and/or
b. The City initiates a new request for the property to a reasonable district classification, in accordance with the conventional rezoning procedure.
3. The two year allotted approval may be extended upon the application of the landowner and approval of the City.
F. Recording. A Conditional Rezoning Approval shall not become effective until a copy of the Conditional Rezoning Agreement is filed with the Washtenaw County Register of Deeds, and a certified copy of the Agreement is filed with the City Clerk.
G. Violation of Conditional Rezoning Agreement. If development and/or actions are undertaken in violation of the Conditional Rezoning Agreement, such development and/or actions shall constitute a violation of this Ordinance and
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deemed a nuisance per se. In such case, the City may issue a stop work order relative to the property and seek any other lawful remedies. Until action is taken to bring the property into compliance with the Conditional Rezoning Agreement, the City may withholds, or, following notice and an opportunity to be heard, revoke permits and certificates, in addition to or in lieu of such other lawful action to achieve compliance.
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Article XXIV
ZONING BOARD OF APPEALS
Section 24.01 CREATION
A Zoning Board of Appeals is hereby established in accordance with Act 110, P.A. 2006, as amended.
Section 24.02 MEMBERSHIP AND TERMS
A. Number of Members. The Zoning Board of Appeals shall consist of not less than five members and no more than two alternate members to be appointed by the legislative body, and shall be composed of the following five members whose terms shall be as stated:
1. One member shall be a member of the Planning Commission and one member shall be a member of the City Council. The member of the City Council that serves on the Zoning Board of Appeals shall not serve as chairperson of the Zoning Board of Appeals.
2. The remaining regular and any alternate members of the Zoning Board of Appeals shall be selected from the electors residing within the City. The members selected shall be representative of the population distribution and of the various interests present in the City.
B. Terms of Office. The term of office for each member shall be for three years except for members serving because of their membership on the Planning Commission or City Council, whose terms shall be limited to the time they are members of the Planning Commission or City Council respectively, and the period stated in the resolution appointing them, whichever is shorter. A successor shall be selected and appointed by resolution of the City Council for any unexpired vacated position.
C. Employees/Contractors as Members. An employee or contractor of the City Council shall not serve as a member of the Zoning Board of Appeals.
D. Removal of Members / Conflict of Interest.
1. The City Council shall provide for the removal of a member of the Zoning Board of Appeals for misfeasance, malfeasance or nonfeasance in office upon written charges and after a public hearing.
2. A member of the Zoning Board of Appeals shall disqualify herself or himself from a vote in which the member has a conflict of interest. Failure of a
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member to disqualify herself or himself from a vote in which the member has a conflict of interest constitutes malfeasance in office.
E. Alternate Members. An alternate member may be called to serve as a member of the Zoning Board of Appeals in the absence of a regular member, if the regular member will be unable to attend one or more meetings. An alternate member may also be called to serve in the place of a regular member for the purpose of reaching a decision on a case in which the regular member has abstained for reasons of conflict of interest. The alternate member having been appointed shall serve in the case until a final decision is made. The alternate member shall have the same voting rights as a regular member of the Zoning Board of Appeals.
SECTION 24.03 MEETINGS
All meetings of the Zoning Board of Appeals shall be held at the call of the Chairperson and at such times as the Zoning Board of Appeals may determine. All hearings conducted by the Zoning Board of Appeals shall be open to the public. The Secretary, or his representative, shall keep minutes of the proceedings, recording the vote of each member upon each question, and indicating absences and abstentions, and shall keep records of hearings and other official action. The Zoning Board of Appeals shall have the power to subpoena and require the attendance of witnesses, administer oaths, and compel testimony and the production of books, papers, files, and other evidence pertinent to the matters before it. The Zoning Board of Appeals shall not conduct business unless a majority of the members of the Board are present.
Section 24.04 APPEAL
The Zoning Board of Appeals shall hear and decide appeals from and a review any administrative order, requirement, decision, or determination made by an administrative official or body charged with enforcement of this Zoning Ordinance. Such appeal shall be in writing and taken within such time as shall be prescribed by the Zoning Board of Appeals, by filing with the Zoning Administrator and with the Zoning Board of Appeals, a Notice of Appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Zoning Board of Appeals all the documents and records pertaining to the action being appealed. Decisions related to Planned Unit Developments or Special Land Uses shall not be appealed to the Zoning Board of Appeals An appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Administrator certifies to the Zoning Board of Appeals, after notice of appeal has been filed with the Zoning Administrator, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case, the proceedings shall not be stayed otherwise than by a restraining order which may be granted by a court of record. The Zoning Board of Appeals shall select a reasonable time and place for the hearing of the appeal and give due notice thereof to the parties and shall render a decision on the
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appeal without unreasonable delay. Any person may appear and testify at the hearing, either in person or by duly authorized agent or attorney. A fee, as established by the City Council shall be paid to the City Clerk at the time the notice of appeal is filed.
Section 24.05 JURISDICTION
A. General Powers. The Zoning Board of Appeals has the power to act on matters as provided in this Article and Public Act 110 of 2006, as amended. The specific powers of the Zoning Board of Appeals are enumerated in this section.
B. Delegated Duties. To hear and decide on all matters referred to it upon which it is required to pass under this Ordinance.
C. Administrative Review. The Zoning Board of Appeals shall hear and decide appeals where it is alleged there is error of law in any order, requirement, decision or determination made by an administrative official or body charged with enforcement of the Zoning Ordinance. In exercising the powers set forth in this Article, the Zoning Board of Appeals may reverse or affirm wholly or partly, or may modify the order requirements, decision, or determination appealed from and may make such order, requirements, decision or determination as ought to be made, and to that end shall have all the powers of the administrative official or body from whom the appeal is taken.
D. Interpretation.
1. The Zoning Board of Appeals shall hear and decide requests for interpretation of this Ordinance or the zoning map, taking into consideration the intent and purpose of this Ordinance and the Master Plan.
2. In an interpretation of the Zoning Map, the Zoning Board of Appeals shall be governed by the rules of interpretation set forth in Section 2.01.
3. A record shall be kept by the Zoning Board of Appeals of all decisions for interpretation of this Ordinance or Zoning Map and land uses which are approved under the terms of this Section. The Zoning Board of Appeals shall request the Planning Commission to review any ordinance amendment it deems necessary.
E. Variances. Where, owing to special conditions, a literal enforcement of the provisions of this Ordinance would involve practical difficulties by reason of narrowness, shallowness, shape, or area of a specific piece of property at the time of enactment of this Ordinance, or by reason of exception topographic conditions or other extraordinary or exceptional conditions of a property, the Zoning Board of Appeals shall have power upon appeal in specific cases to authorize such variation or modification of the dimensional provisions of this Ordinance with such spirit of this Ordinance and so that public safety and welfare be secured and substantial
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justice done. No such variance or modification of the provisions of this Ordinance shall be granted unless the requirements of Section 24.06 A. are met.
1. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties or class of uses in the same district or zone.
2. That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same zone and vicinity.
3. That the granting of such variance or modification will not be materially detrimental to the public welfare or materially injurious to the property or improvements in such zone or district in which the property is located.
4. That the granting of such variance will not adversely affect the purpose of objectives of the master plan.
5. Absent exceptional circumstances which would otherwise result in substantial injustice, the circumstances or conditions upon which the variance is based do not result from the actions of the applicant or his predecessors in title.
No provision contained in this Section shall be construed to give or grant the Zoning Board of Appeals the power or authority to alter or change the Zoning Ordinance or the Zoning Map, to rezone or to grant use variances, such power and authority being reserved to the City Council in the manner provided under Public Act 110 of 2006, as amended.
F. Expansions, Alterations, and Substitutions: The Zoning Board of Appeals is required to determine whether a non-conforming structure may be enlarged, expanded, or extended or whether a non-conforming use can be substituted. In considering expansions, alterations, and/or substitutions related to non-conforming structures and uses, the Zoning Board of Appeals shall review the following criteria:
1. The reasons for a non-conformity shall be limited to minimum lot area, lot width, required yards, off-street loading and parking requirements, and transition strip and landscape strip requirements. In no case shall a structure that is non-conforming due to lot coverage, floor area ratio, lot area per dwelling unit, or height requirements be permitted to expand without removing the existing non-conformity, except as permitted under a variance. 2. The existing and proposed uses of such buildings and structures shall be permitted in the district in which situated. 3. The proposed improvement shall conform to all requirements of the district in which situated.
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4. The retention of the non-conforming structure is reasonably necessary for the proposed improvement or that requiring removal of such structure would cause undue hardship; 5. The proposed enlarged or otherwise improved nonconforming structure will not adversely affect the public health, safety and welfare; and 6. The proposed improvement is reasonably necessary for continuation of the use on the lot. 7. The Zoning Board of Appeals shall have authority to require modification of the non-conformity, where such requirement is reasonable, as a condition of approval. The Zoning Board of Appeals may attach other conditions of approval which it deems necessary to protect the public health, safety, and welfare. 8. All expansions permitted under this Section shall meet all requirements of Article XXI, herein, Site Plan Review, if a site plan is required. The site plan may be a final site plan, and shall be first reviewed by the Planning Commission. Upon completion of its review, the Planning Commission shall transmit the site plan and a summary of its review to the Zoning Board of Appeals. The Zoning Board of Appeals shall then act upon the request and return the site plan and the Board's findings on the request to the Planning Commission for its action. 9. A structure which does not conform to zoning ordinance regulation shall not substitute for, or replace, any conforming or non-conforming structure. 10. A non-conforming use of a structure may be substituted for another non- conforming use upon permission by the Zoning Board of Appeals, provided that no structural alterations are made, and that such nonconforming use is more appropriate than the existing non-conforming use in the district in which it is located. The Zoning Board of Appeals may require appropriate conditions and safeguards in accordance with the intent of this Ordinance. A non-conforming use, when superseded by a more appropriate use as provided in this subsection, shall not thereafter be resumed.
Section 24.06 STANDARDS FOR VARIANCES AND APPEALS
Variances or reversal on appeals shall be granted only in accordance with Michigan Public Act 110 of 2006, as amended, and based on the findings set forth in this section. The extent to which the following criteria apply to a specific case shall be determined by the Zoning Board of Appeals; however, all of the applicable criteria must be found by the Zoning Board of Appeals in order to receive a variance or appeal.
A. Criteria Applicable to Variances. 1. Practical Difficulties. Compliance with the strict letter of the restrictions governing area, setbacks, frontage, height, bulk, density, or other
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dimensional provisions would create practical difficulties, unreasonably prevent the use of the property for a permitted purpose, or render conformity with such restrictions unnecessarily burdensome. The showing of mere inconvenience is insufficient to justify a variance. 2. Substantial Justice. Granting of a requested variance or appeal would do substantial justice to the applicant as well as to other property owners in the district; or, as an alternative, granting of lesser variance than requested would give substantial relief to the owner of the property involved and be more consistent with justice to other property owners. Absent exceptional circumstances which would otherwise result in substantial injustice, the circumstances or conditions upon which the variance is based do not result from the actions of the applicant or his predecessors in title. 3. Public Safety and Welfare. The requested variance or appeal can be granted in such fashion that the spirit of these regulations will be observed and public safety and welfare secured. The granting of such variance or modification will not be detrimental to the public welfare or injurious to the property or improvement in such zone or district in which the property is located. 4. Extraordinary Circumstances. There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties or other similar uses in the same zoning district. The conditions resulting in a variance request cannot be self-created. Such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same zone and vicinity. 5. No Safety Hazard or Nuisance. The granting of a variance or appeal will not increase the hazard of fire or otherwise endanger public safety or create a public nuisance. 6. Relationship to Adjacent Land Uses. The development permitted upon granting of a variance shall relate harmoniously in a physical and economic sense with adjacent land uses and will not alter the essential character of the neighborhood. In evaluating this criterion, consideration shall be given to the purpose and objectives of the master plan, prevailing shopping patterns, convenience of access for patrons, continuity of development, and the need for particular services and facilities in specific areas of the City. B. Criteria Applicable to Appeals. The Zoning Board of Appeals shall reverse an order of an Enforcement Official only if it finds that the action or decision appealed (Also refer to Section 24.06A for decision criteria): 1. Was arbitrary or capricious, or 2. Was based on an erroneous finding of a material fact, or 3. Constituted an abuse of discretion, or
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4. Was based on erroneous interpretation of the Zoning Ordinance or zoning law. 5. Appeals from denial of Zoning Board of Appeals may be taken to Washtenaw County Circuit Court.
Section 24.07 ORDERS
In exercising the above powers, the Zoning Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such an order, requirement decision, or determination as ought to be made, and to that end, shall have all the powers of the administrative official or body from whom the appeal is taken. A member of the Zoning Board of Appeals who is also a member of the Planning Commission or City Council shall not participate in a public hearing on the same matter that the member voted on as a member of the Planning Commission or City Council. However, the member may consider and vote on other unrelated matters involving the same property. The concurring vote of a majority of the members of the Zoning Board of Appeals is necessary to reverse an order, requirements, decision, or determination of the administrative official or body, decide in favor of the applicant on a matter upon which the zoning board of appeals is required to pass under the zoning ordinance, or to grant a variance in the Zoning Ordinance.
Section 24.08 NOTICE
The Zoning Board of Appeals shall make no determination, except in a specific case, until after a public hearing. Notice of the public hearing shall be published in the manner required by Section 22.08 Notices.
Section 24.09 EFFECTIVENESS
No order of the Zoning Board of Appeals permitting the erection of a building shall be valid for a period longer than one year, unless a building permit for such erection or alteration is obtained within such period, and such erection or alteration is started and completed in accordance with the terms of such permit. No order of the Zoning Board of Appeals permitting a use of a building or premises shall be valid for a period longer than one year unless such use is established within such period; provided, however, that where such use permitted is dependent upon the erection or alteration of a building, such order shall continue in force and effect if a building permit for said erection or alteration is obtained within such period, and such erection or alteration is started and completed in accordance with the terms of such permit.
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Section 24.10 APPEAL OF BOARD OF ZONING APPEAL DECISION
Any party aggrieved by a decision of the Zoning Board of Appeals may appeal to the Washtenaw County Circuit Court as provided in Act 110 of Public Acts of Michigan of 2006, as amended. An appeal under this section shall be filed within whichever of the following deadlines comes first: A. Thirty days after the Zoning Board of Appeals issues its decision in writing signed by the chairperson, if there is a chairperson, or signed by the members of the Zoning Board of Appeals, if there is no chairperson.
B. Twenty-one days after the Zoning Board of Appeals approves the minutes of it decision.
City of Dexter Zoning Ordinance 24 - 8 September 19, 2017 DRAFT Page 206 of 246 OFFICE OF THE CITY MANAGER 8140 Main Street Dexter, Michigan 48130-1092 (734) 426-8303 Fax (734) 426-5614
Memorandum
To: Mayor Keough and City Council
From: Courtney Nicholls, City Manager
Re: Consideration of: Next Steps for Dexter Wellness Center Tax Litigation
Date: October 17, 2017
Provided for Council’s review is the Court of Appeals decision on the Dexter Wellness Center Tax Exemption litigation. The Downtown Development Authority will discuss the decision at their October 19, 2017 meeting. A decision will need to be made on whether to appeal to the Michigan Supreme Court by November 23, 2017.
Scott Munzel will be attending the meeting to answer any questions.
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STATE OF MICHIGAN
COURT OF APPEALS
CHELSEA HEALTH & WELLNESS UNPUBLISHED FOUNDATION, October 12, 2017
Petitioner-Appellant/Cross- Appellee, v No. 332483 Michigan Tax Tribunal TOWNSHIP OF SCIO, LC No. 14-001671-TT
Respondent-Appellee/Cross- Appellee, and
CITY OF DEXTER and DEXTER DOWNTOWN DEVELOPMENT AUTHORITY,
Intervening Respondents- Appellees/Cross-Appellants, and
DEPARTMENT OF TREASURY,
Intervening Respondent- Appellee/Cross-Appellee/Cross- Appellant.
Before: TALBOT, C.J., and O’CONNELL and O’BRIEN, JJ.
PER CURIAM.
At issue in this case is an order of the Michigan Tax Tribunal denying petitioner Chelsea Health and Wellness Foundation’s (the Foundation) request for exemption from ad valorem property taxes under Section 7o(1) of the General Property Tax Act (GPTA), MCL 211.1, et
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seq., for the 2014 and 2015 tax years.1 The Foundation also appeals as of right an order denying its alternative request for exemption under Section 7r and an order denying leave to amend its petition. We reverse that portion of the tribunal’s order finding that the Foundation is not entitled to exemption under Section 7o(1) and remand this matter to the tribunal for entry of an order consistent with this opinion. In light of our conclusion that the Foundation qualifies for exemption under Section 7o(1), we need not address the remaining issues raised by the Foundation.
I. FACTUAL BACKGROUND
In 2008, Chelsea Community Hospital merged with Saint Joseph Mercy Health System. As a condition of the merger, the Foundation was established as a nonprofit corporation and funded with $25 million to be used “in promoting health, wellness and fitness education, health care initiatives and other community-based activities” in the designated service area of Chelsea, Manchester, Stockbridge, Grass Lake, and Dexter. The Foundation’s articulation of its mission is “[t]o create a culture of wellness and foster sustained improvements in the health of our communities through stewardship of our resources, innovative and collaborative grants, and engagement of our residents in the pursuit of healthy life choices.” In furtherance of its mission, the Foundation focuses on four “elements”: (1) eating better; (2) moving more; (3) avoiding unhealthy substances; and (4) connecting with others in health ways.
This matter arises from a dispute concerning the taxable status of the property on which the Foundation’s Dexter Wellness Center (DWC) is situated. The DWC operates in a two-story, 46,000 square-foot building located in downtown Dexter.2 The DWC includes amenities commonly found in full-service fitness facilities, including a gymnasium, two swimming pools, a group cycling room, exercise studios, free weights, a running track, circuit training equipment, a cardio area, and locker rooms. It also has a conference room on the first floor that is made available for community group meetings and various educational seminars sponsored by the Foundation. The DWC was certified as a medically-integrated facility in 2015 by the Medical Fitness Association.
1 Briefs were received from amici Michigan Municipal League, Michigan Townships Association, Michigan Association of School Boards, Michigan Association of Counties, and Public Corporation Law Section of the State Bar of Michigan in support of Dexter. In support of the Foundation, briefs were received from amici Grass Lake Charter Township, Village of Grass Lake, Village of Manchester, Chelsea Wellness Coalition, Stockbridge Community Schools, Stockbridge Wellness Coalition, and Trinity Health Michigan, Inc., doing business as Saint Joseph Mercy Health System. 2 Before the former village of Dexter incorporated to form the city of Dexter, Scio Township was responsible for assessing all real property located in the village of Dexter, including the subject property. The former village of Dexter incorporated to establish the city of Dexter in November 2014 and Scio Township has conceded that it does not have a financial interest in the outcome of this case.
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The Foundation’s chief executive officer, Amy Heydlauff, testified at length regarding the Foundation’s history, activities, and two-part strategy involving community coalitions and wellness centers. The Foundation encouraged each of the five communities in its service area to establish wellness coalitions, comprised of community stakeholders who were familiar with the health needs of their respective communities. Each coalition develops an annual plan, identifying a number of “interventions” that are designed to address the community’s health needs. These wellness plans are presented to the Foundation and, assuming the proposed interventions meet the Foundation’s mission, the Foundation provides funds and other support to implement the interventions. Each of the five community coalitions were granted approximately $200,000 in funding for the first plan year and $100,000 in annual funding thereafter.
The Foundation’s second key strategy involves operation of wellness centers in Dexter, Chelsea, Manchester, and Stockbridge. In addition to the exercise amenities available at the centers, the Foundation provides various educational programming focused on nutrition, physical activity, and other health and wellness topics.3 The educational programming is available to nonmembers, though some of the presentations have an associated fee. The Foundation also offers a program referred to as “Next Steps” at the DWC and Chelsea Wellness Center (CWC). With a healthcare provider referral, participants can enroll in a program designed to combat a specific health challenge, such as cardiac fitness or weight management. Each eight-week program includes assessments at the beginning and end of the program, an individualized exercise plan, two 60-minute group workout sessions per week in a supervised setting, a summary report provided to the participant’s referring healthcare provider, unlimited access to the fitness facility for the duration of the program, and an option to transition to full membership at a discounted fee. Though it costs the Foundation approximately $220 to facilitate an individualized program for each Next Steps participant, enrollment costs only $99.
An individual membership at the DWC costs $69 per month, but when various discounts are taken into account, the Foundation collected an average of $57 per billable member during the tax years at issue. The Foundation also provides two “scholarship” options for DWC membership. To be eligible for a scholarship, the recipient must demonstrate financial need by showing that his or her income is at or below 200% of the federal poverty level The first scholarship option allows the recipient to enroll in the Next Steps program free of charge and receive an additional month of free membership at the conclusion of the program. The second scholarship option allows the recipient to receive two months of free general membership. After the free membership period has elapsed under either option, the scholarship recipient can continue his or her membership at a reduced 50% rate. Scholarships are available for an unlimited duration, subject to review for continuing financial need and the requirement that the recipient uses the facility at least twice a week. According to Heydlauff, the eligibility standards are flexible and exceptions are generously available for extenuating circumstances. The Foundation began to prominently advertise the scholarship opportunities on the DWC’s website
3 By way of example, the DWC hosted the following programs in Winter 2014: National Diabetes Prevention, Pilates Demonstration, National Wear Red for Women Day, Strength Training: Myths and Facts, and Sports Nutrition.
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in 2014, but did not have anyone apply for a scholarship in 2013 or 2014. The same scholarship opportunities are available at the Foundation’s Chelsea location and an average of 33 scholarships are awarded at the CWC each year.
Dr. Anne Kittendorf, MD, another board member, testified regarding the importance of the Foundation’s activities and fitness centers. She explained that community members who exercise at the DWC are engaging in primary prevention, which reduces their chances of suffering from ailments like high blood pressure, heart disease, stroke, cancer, and depression. Dr. Kittendorf cited studies finding that the benefits of exercise in terms of mortality rates are comparable to the benefits of drug intervention in treating certain chronic conditions. Additionally, other studies have demonstrated that those who exercise in community settings are more likely to adhere to their exercise program.
MCL 211.7o sets forth a number of property tax exemptions available to nonprofit or charitable organizations. The Foundation sought exemption under Subsection (1), which states:
Real or personal property owned and occupied by a nonprofit charitable institution while occupied by that nonprofit charitable institution solely for the purposes for which that nonprofit charitable institution was incorporated is exempt from the collection of taxes under this act.[4]
Although the tribunal opined that the Foundation would otherwise qualify for exemption under this subsection, it rejected the Foundation’s claim reasoning that it did not qualify as a charitable institution for purposes of exemption because its scholarship policies caused the Foundation to provide charity on a discriminatory basis, contrary to the third factor identified in Wexford Medical Group v City of Cadillac5 for determining whether a petitioner is a charitable institution.
II. STANDARD OF REVIEW
When considering matters originating in the Michigan Tax Tribunal, we employ the following standard of review:
Where fraud is not claimed, this Court reviews the tribunal’s decision for misapplication of the law or adoption of a wrong principle. We deem the tribunal’s factual findings conclusive if they are supported by “competent, material, and substantial evidence on the whole record.” But when statutory interpretation is involved, this Court reviews the tribunal’s decision de novo.[6]
4 MCL 211.7o(1). 5 Wexford Medical Group v City of Cadillac, 474 Mich 192; 713 NW2d 734 (2006). 6 Liberty Hill Housing Corp v City of Livonia, 480 Mich 44, 49; 746 NW2d 282 (2008) (citations omitted).
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“Though this Court will generally defer to the Tax Tribunal’s interpretation of a statute that it is delegated to administer, that deference will not extend to cases in which the tribunal makes a legal error.”7
III. ANALYSIS
To qualify for exemption under MCL 211.7o(1), the petitioner must establish three elements:
(1) The real estate must be owned and occupied by the exemption claimant;
(2) the exemption claimant must be a nonprofit charitable institution; and
(3) the exemption exists only when the buildings and other property thereon are occupied by the claimant solely for the purposes for which it was incorporated.[8]
With respect to the second element, the GPTA does not define the term “charitable institution.” However, in Wexford the Court considered the historical development of exemptions granted to charitable organizations and identified six factors for determining whether a petitioner is a charitable institution:
(1) A “charitable institution” must be a nonprofit institution.
(2) A “charitable institution” is one that is organized chiefly, if not solely, for charity.
(3) A “charitable institution” does not offer its charity on a discriminatory basis by choosing who, among the group it purports to serve, deserves the services. Rather, a “charitable institution” serves any person who needs the particular type of charity being offered.
(4) A “charitable institution” brings people’s minds or hearts under the influence of education or religion; relieves people’s bodies from disease, suffering, or constraint; assists people to establish themselves for life; erects or maintains public buildings or works; or otherwise lessens the burdens of government.
(5) A “charitable institution” can charge for its services as long as the charges are not more than what is needed for its successful maintenance.
(6) A “charitable institution” need not meet any monetary threshold of charity to merit the charitable institution exemption; rather, if the overall nature of the
7 SBC Health Midwest, Inc v City of Kentwood, 500 Mich 65, __; 894 NW2d 535 (2017); slip op at 5 (quotation marks and citation omitted). 8 Wexford, 474 Mich at 203.
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institution is charitable, it is a “charitable institution” regardless of how much money it devotes to charitable activities in a particular year.[9]
Importantly, “it is the overall nature of the institution, as opposed to its specific activities, that should be evaluated,” to determine if the petitioner is a charitable institution.10
The main issue raised by the Foundation on appeal relates to the only Wexford factor that the tribunal determined the Foundation could not satisfy: factor 3. The tribunal observed that the DWC membership fees were generally market rates and considered the circumstances under which a potential member could obtain access to the DWC at a discounted price, placing particular emphasis on the Foundation’s scholarship policies. It concluded that the Foundation could not satisfy factor 3 because “persons with financial difficulties still have hoops to jump through to be able to overcome financial barriers to use the facility.”
As an initial matter, it must be noted that the tribunal erred by narrowly focusing on the Foundation’s scholarship policies in analyzing this factor. The Wexford Court stated in no uncertain terms that “the institution’s activities as a whole must be examined; it is improper to focus on one particular facet or activity.”11 The Foundation provides a variety of charitable services in the service area communities and at its two largest wellness centers. Thus, it was inappropriate for the tribunal to consider only the perceived barriers associated with the Foundation’s scholarship policies, excluding from the scope of its analysis the manner in which the Foundation makes other charitable opportunities open to the public at large.
In any event, after the tribunal rendered its decision in this matter, our Supreme Court had cause to reevaluate the appropriate inquiry under the third Wexford factor. In Baruch SLS, Inc v Tittabawassee Township, the Court explained:
The Wexford test is designed to differentiate charitable organizations from other kinds of institutions, but it is not designed to require an institution to offer its services entirely free or to select its recipients using only arbitrary criteria, such as first-come, first-serve, in order to qualify as a charitable institution. Yet the language in Wexford is, to some extent, susceptible to this interpretation, and indeed, this is how lower courts have understood Wexford’s third factor.[12]
The Court identified a number of problems with such an interpretation. For instance, considering the petitioner’s charges as a discriminatory barrier is inconsistent with Wexford’s fifth factor, which permits a charitable organization to charge for its services, as long as the charges do not
9 Id. at 215. 10 Id. at 213. 11 Id. at 212. 12 Baruch SLS, Inc v Tittabawassee Twp, 500 Mich 345, __; __ NW2d __ (2017) (Docket No. 152047); slip op at 7.
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exceed what is necessary for successful maintenance.13 The Court reasoned that requiring a charitable institution to provide its services entirely for free was both unrealistic and unsustainable.14 Likewise, because most charitable institutions cannot serve every person who might benefit from their services, they must select beneficiaries in some manner and should not be limited to strictly arbitrary metrics.15 Thus, it concluded,
[R]estrictions or conditions designed to limit or choose who is entitled to receive the charity . . . are the subject of factor three. Factor three is intended to exclude organizations that discriminate by imposing purposeless restrictions on the beneficiaries of the charity. We clarify that Wexford factor three accomplishes this goal by banning restrictions or conditions on charity that bear no reasonable relationship to an organization’s legitimate charitable goals.[16]
With this understanding in mind, the Court further explained that if the petitioner’s restrictions are reasonably related to a permissible charitable goal, the restrictions will not be construed as violating the third Wexford factor.17 Moreover, “[t]he ‘reasonable relationship’ test should be broadly construed to prevent unnecessarily limiting the restrictions a charity may choose to place on its services.”18
The evidence presented at trial overwhelmingly satisfies the third Wexford factor as interpreted in Baruch. Between April 1, 2013, and March 31, 2015, the Foundation provided over $1.7 million in grants for the benefit of the service area communities, subject only to the restriction that the intervention proposals were properly researched and documented and that the proposals would advance one of the Foundation’s core elements, i.e., eating better, moving more, avoiding unhealthy substances, or connecting with others in a healthy way. These restrictions are reasonably related to the Foundation’s charitable goals because they ensure that the Foundation’s funds are spent only on programs that are likely to be successful and actually advance the Foundation’s mission.
As it relates to the Foundation’s wellness centers, the DWC’s conference room is made available for use by community groups free of charge and complimentary guest passes are distributed with regularity to expose as many residents as possible to the DWC’s amenities and services. The Foundation also sponsors health-oriented education programs at its fitness centers that are often available to nonmembers, again, free of cost. With respect to membership fees, the Foundation provides scholarship opportunities to low-income individuals. In addition to
13 Id. at __; slip op at 9. 14 Id. at __; slip op at 10. 15 Id. at __; slip op at 9. 16 Id. at __; slip op at 10. 17 Id. at __; slip op 11, 13. 18 Id. at __; slip op at 11.
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providing verification of financial status, a scholarship recipient is required to use the facility at least twice a week, absent extenuating circumstances. These restrictions are reasonably related to the Foundations goals of creating a culture of wellness and fostering sustained health improvements for several reasons. Heydlauff explained that people with lower incomes often have poorer health and are therefore most in need of opportunities to improve their health through exercise. Additionally, Dr. Kittendorf described the positive health benefits of regular exercise and noted that the majority of these benefits can be realized through workouts of moderate intensity for a total of 150 minutes each week. By imposing income and usage requirements, the Foundation’s scholarship policy targets an underserved population that is more likely to need healthy opportunities like those offered at the Foundation’s wellness centers and establishes criteria that improve the odds that the scholarship recipient will experience measurable and sustained health improvements. Because the restrictions placed on the Foundation’s charity all relate to its charitable goal, the Foundation satisfies Wexford factor 3.
On cross-appeal, Dexter challenges the tribunal’s findings regarding the remaining Wexford factors, with the exception of factor 1. Treasury also challenges the tribunal’s findings regarding Wexford factor 4. We find the arguments presented by intervening respondents unpersuasive.
Wexford factor 2 provides that “[a] ‘charitable institution’ is one that is organized chiefly, if not solely, for charity.” When a petitioner is organized for several purposes, it does not satisfy this factor if only one of its direct or indirect purposes results in charity.19 The purposes identified in the petitioner’s organizational documents are relevant to this inquiry, but are not dispositive.20 Although the term “charity” is not defined by statute, the Wexford Court reaffirmed earlier caselaw defining charity as:
[A] gift, to be applied consistently with existing laws, for the benefit of an indefinite number of persons, either by bringing their minds or hearts under the influence of education or religion, by relieving their bodies from disease, suffering or constraint, by assisting them to establish themselves for life, or by erecting or maintaining public buildings or works or otherwise lessening the burdens of government.[21]
With this definition in mind, the tribunal correctly determined that the Foundation is organized chiefly, if not solely, for charity. The Foundation’s November 2011 restated articles of incorporation describe the following purposes for organization:
19 Wexford, 474 Mich at 204-205, citing Attorney General v Common Council of City of Detroit, 113 Mich 388; 71 NW 632 (1897). 20 See, e.g., Wexford, 474 Mich at 215-216; Mich Baptist Homes & Dev Co v City of Ann Arbor, 396 Mich 660, 670-671; 242 NW2d 749 (1976). 21 Wexford, 474 Mich at 214, quoting Retirement Homes of the Detroit Annual Conference of the United Methodist Church, Inc v Sylvan Twp, 416 Mich 340, 348-349; 330 NW2d 682 (1982).
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a. To operate exclusively for the purposes set forth in Section 501(c)(3) of the Internal Revenue Code . . .;
b. To receive and administer funds, to acquire, to own, to invest, to dispose of, and to deal with real and personal property and interests therein, and to apply gifts, grants, contributions, bequests and devises, and the income and proceeds, generally, in furtherance of making significant, measurable, and sustainable improvements in the health and wellness of residents of the Service Area and in furtherance of providing financial support for nonprofit organizations[; and]
c. To support significant, measurable, and sustainable improvements in the health and wellness of residents in the Service Area and in furtherance of the development of strategies to ensure access to health services for those in need.
Its bylaws identify the same purposes. The Foundation fulfills its stated purposes by using its considerable resources to fund coalition initiatives that further at least one of the Foundation’s four vision elements, which, in turn, advances the Foundation’s overall organizational purpose of making significant, measurable, and sustainable improvements in the health and wellness of residents within the service area. The Foundation also operates wellness centers where members may exercise and the community at large can participate in health-based educational programs in a group setting. Although the Foundation charges monthly fees to its wellness center members, many of the Foundation-funded initiatives are provided to the community free of cost. Other opportunities, like the Next Steps program, are available for a fee that is less than the cost incurred by the Foundation. And for the reasons explained in our analysis of factor 4, the Foundation’s gifts to the community also meet the definition of “charity” because they lessen the burdens of government. Accordingly, because the Foundation’s stated organizational purposes are charitable, and its activities are consistent with those self-identified purposes, the tribunal correctly concluded that the Foundation satisfied Wexford factor 2.
Dexter maintains that the Foundation is not organized for charity because it also engages in commercial type activity by owning various interests in real estate and a retirement community. The tribunal rejected these arguments, noting that the interests with which Dexter took issue were acquired as a condition to the merger between Chelsea Community Hospital and Saint Joseph Mercy Health System to avoid the problems that might arise if a Catholic institution acquired the hospital’s previous interest in a Methodist organization and real estate that was ground leased to clinics providing reproductive health services, contrary to the Catholic church’s ethical and religious directives. The tribunal’s response to Dexter’s argument was well reasoned and supported by competent, material, and substantial evidence, including the 2008 merger agreement, Heydlauff’s testimony concerning the creation of the Foundation, and the testimony of Patrick J. Conlin, former chairman of the hospital’s Board of Trustees at the time of the merger. Dexter also contends that the Foundation is not organized for charity because the majority of its expenditures go to operating its wellness centers. This argument lacks merit
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because it focuses on the Foundation’s operational activities, rather than its organizational purposes.22
Wexford factor 4 provides that “[a] ‘charitable institution’ brings people’s minds or hearts under the influence of education or religion; relieves people’s bodies from disease, suffering, or constraint; assists people to establish themselves for life; erects or maintains public buildings or works; or otherwise lessens the burdens of government.”23 The tribunal rejected the Foundation’s contention that its activities relieved people’s bodies from disease, suffering, or constraint, but concluded that the Foundation satisfied this factor nonetheless because it lessened the government’s healthcare burdens. It explained,
Clearly, prevention of a healthcare apocalypse as the boomer generation ages, and younger generations suffer from obesity is a problem that the state, as well as the Federal government will be burdened with in the form of Medicare and Medicaid expenses, as well as lost productivity. Centers such as the subject that address the non-covered ailment of deconditioning help reduce the burden of government.
Giving proper deference to the tribunal’s interpretation of this factor,24 its determination that the Foundation’s activities lessen the burdens of government was adequately supported by the Foundation’s evidence. In June 2012, the Michigan Department of Community Health released a Health and Wellness 4 x 4 Plan, “which contains Michigan’s priorities for obesity prevention over the next five years.” The Department explained that sedentary lifestyles and unhealthy eating habits contribute to the increasing prevalence of obesity in our population, which is at the root of many chronic illnesses including diabetes, heart disease, arthritis, stroke, and dementia. To facilitate improved health within Michigan’s population, the Department’s 4 x 4 Plan encourages four key practices: maintaining a healthy diet, engaging in regular physical exercise, getting an annual physical examination, and avoiding tobacco use and exposure. As noted by Heydlauff, these strategies closely mirror the Foundation’s central focus on eating better, moving more, avoiding unhealthy substances, and connecting with others in healthy ways. Importantly, in addition to individual health concerns, the Department recognized that 75% of total healthcare expenditures are associated with treating chronic diseases and that the state could save over $13 billion annually in healthcare costs if its citizens improved their health by reducing their average body mass index rates. Thus, the evidence suggests that by undertaking measures designed to improve the health of the population within its service area, the Foundation’s activities will lessen the government’s financial burden associated with healthcare expenses.
22 See McLaren Regional Med Ct v City of Owosso (On Remand), 275 Mich App 401, 413; 738 NW2d 777 (2007) (rejecting the respondent’s argument regarding the manner in which charity was provided because it related to the petitioner’s manner of operating, rather than the nature of its organization). 23 Wexford, 474 Mich at 215. 24 SBC Health Midwest, Inc, 500 Mich at __; slip op at 5.
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Dexter and Treasury challenge the Tribunal’s finding relative to this factor, arguing that the Foundation’s operation of the DWC does not lessen a governmental burden because the government is not obligated to provide recreational or fitness facilities. Dexter and Treasury rely on a series of unpublished cases reasoning that a petitioner cannot satisfy this factor when it fails to show that the government is obligated to provide the specific type of service offered at the subject property. However, this Court is not bound by the cases cited by intervening respondents, which lack precedential value.25 Moreover, these unpublished cases are unpersuasive in the present context because they are distinguishable from the instant matter in that the respective petitioners failed to link their charitable activities to any burden that the government is legally obligated to undertake.26 By contrast, the Foundation identified several statutorily mandated governmental obligations that its activities help to lessen.
For instance, the state constitution provides: “The public health and general welfare of the people of the state are hereby declared to be matters of primary public concern. The legislature shall pass suitable laws for the protection and promotion of public health.”27 Pursuant to this mandate, the Legislature enacted MCL 333.2221, which directs the Department of Community Health28 to
continually and diligently endeavor to prevent disease, prolong life, and promote the public health through organized programs, including prevention and control of environmental health hazards; prevention and control of diseases; prevention and control of health problems of particularly vulnerable population groups; development of health care facilities and agencies and health services delivery
25 MCR 7.215(C)(1); Ally Fin, Inc v State Treasurer, 317 Mich App 316, 335; 894 NW2d 673 (2016). 26 See Boyne Area Gymnastics, Inc v City of Boyne City, unpublished opinion per curiam of the Court of Appeals, issued May 15, 2012 (Docket No. 303590), p 6 (“[P]etitioner has failed to cite any evidence that it is the government’s burden to provide physical fitness and gymnastics classes to children and young adults.”); Involved Citizens Enterprises, Inc v Twp of East Bay, unpublished opinion per curiam of the Court of Appeals, issued October 29, 2009 (Docket No. 284706) , p 5 (“[P]etitioner did not cite evidence ‘upon which to base a claim that it is a duty, a responsibility, or a requirement of a unit of government to provide skating facilities or any specific type of recreational facility.’ ”); N Ottawa Rod & Gun Club, Inc v Grand Haven Charter Twp, unpublished opinion per curiam of the Court of Appeals, issued August 21, 2007 (Docket No. 268308), p 3 (“Because petitioner failed to provide that a government burden existed in the first instance with respect to this specific type of training, it ipso facto failed to prove that it had lessened a burden of government.”). 27 Const 1963, art 4, § 51. 28 Beginning at Section 2201, the Public Health Code, MCL 333.1101 et seq., sets forth provisions relating to the Department of Public Health. However, the Department of Public was consolidated with several other departments to form the Department of Community Health. Executive Order No. 1996-1.
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systems; and regulation of health care facilities and agencies and health services delivery systems to the extent provided by law.[29]
The Department of Community Health is also required to encourage and assist in developing activities related to “health education,”30 which is defined, in pertinent part, as “that dimension of health care that directs attention of individuals to their health behavior with the goal of enabling the individuals to make reasoned decisions about their own health practices and those within the various communities in which the individuals live, work, and play.”31 While intervening respondents are correct that the government is not obligated by law to provide a fitness facility, it is evident that the government is required to take steps to promote and improve public health.
Wexford factor 5 provides that a charitable institution “can charge for its services as long as the charges are not more than what is needed for its successful maintenance.”32 The tribunal determined that the Foundation satisfied this factor because the DWC operated at a loss during the tax years at issue and any profit the Foundation might realize in the future would be devoted back to mission spending. This finding is well supported by competent, material, and substantial evidence. The Foundation’s financial reports indicate that the DWC suffered a loss of $916,324 in the 2014 fiscal year and $758,203 in the 2015 fiscal year.33 These operating losses suggest that the membership fees charged at the DWC are not more than is necessary for its successful maintenance. And, as noted by the tribunal, several of the Foundation’s board members confirmed that any profits would be reinvested into the Foundation’s charitable mission.
However, the tribunal’s analysis of this inquiry was too narrow. “The Wexford test is designed to differentiate charitable organizations from other kinds of institutions,”34 and the tribunal’s exclusive focus on the DWC operations failed to take into account the Foundation’s activities as a whole, as required by Wexford.35 Nonetheless, the tribunal’s error in this regard was harmless because other evidence demonstrated that on the occasions the Foundation charged a fee for its services, those fees were not more than necessary. The combined operations of the Foundation’s four fitness centers, including educational programming, also resulted in losses during the relevant tax years. In the absence of a scholarship, people who enroll in the Next Steps program are charged an enrollment fee, but testimony revealed that the fee does not cover the costs incurred by the Foundation to operate the program, the balance of which it subsidizes. The remainder of the Foundation’s charitable activities are generally provided free of charge.
29 MCL 333.2221(1). 30 MCL 333.2237(1). 31 MCL 333.2237(2). 32 Wexford, 474 Mich at 215. 33 The 2015 operational loss figure excludes amounts identified as intercompany transfers. 34 Baruch, 500 Mich at __; slip op at 7. 35 Wexford, 474 Mich at 212.
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As it does on appeal, Dexter argued that testimony indicating that the Foundation aspired to break even in its operation of the DWC demonstrates that it does not offer a charitable “gift” to members of the DWC. The tribunal correctly observed that this argument was explicitly rejected in Wexford:
Respondent argues that petitioner’s goal of profitability negates its claim that it is a charitable institution. We find that argument hollow. Petitioner’s bylaws do not allow any individual to profit monetarily from the petitioner’s clinic; thus, “profitability” has a different meaning for this institution than it would for an entity whose goal it was to reward its agents or shareholders with profits. And the idea that an institution cannot be a charitable one unless its losses exceed its income places an extraordinary—and ultimately detrimental—burden on charities to continually lose money to benefit from tax exemption. A charitable institution can have a net gain—it is what the institution does with the gain that is relevant. When the gain is invested back into the institution to maintain its viability, this serves as evidence, not negation, of the institution’s “charitable” nature.[36]
Like the petitioner in Wexford, the Foundation’s bylaws prohibit its directors, officers, or other private individuals from profiting from the Foundation’s earnings. Moreover, because potential profits would be reinvested for charitable purposes, the Foundation’s financial goals in connection with the DWC lend support to the Foundation’s contention that it is a charitable organization for purposes of property tax exemption.37
The final Wexford factor states that a charitable institution “need not meet any monetary threshold of charity to merit the charitable institution exemption; rather, if the overall nature of the institution is charitable, it is a ‘charitable institution’ regardless of how much money it devotes to charitable activities in a particular year.”38 The tribunal reasoned that the Foundation satisfied this factor, despite the limited scholarships it provided for DWC membership, because its other activities were overwhelmingly charitable. On appeal, Dexter contends that the tribunal erred because the Foundation purportedly offered little to no charity at the DWC during the relevant time frame. We disagree. The tribunal’s finding in this regard was clearly supported by competent, material, and substantial evidence. The Foundation was established and funded for the express purpose of promoting health, wellness and fitness education, healthcare initiatives, and community-based activities in the service area, and it has gone to great lengths to serve this purpose by supporting and funding feasible intervention plans and operating the wellness centers for the benefit of the service area. That no residents took advantage of the scholarship program at the DWC in the relevant tax years is of little consequence considering the balance of the Foundation’s charitable work. And while Wexford makes clear that there is no monetary threshold for determining whether an exemption claimant is a charitable organization, it is worth
36 Id. at 217-218 (citation omitted). 37 Id. at 218. 38 Wexford, 474 Mich at 215.
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noting that that the Foundation issued grants in furtherance of its charitable purposes in excess of $1.7 million dollars during the two tax years at issue. Thus, even if the Court accepted Dexter’s tenuous argument concerning the level of charity offered at the DWC, Dexter’s position still misses the mark because it utterly ignores the overall nature of the Foundation’s activities.
In sum, it is undisputed that the Foundation is organized as a nonprofit institution, which satisfies Wexford factor 1, and we find no error requiring reversal with respect to the tribunal’s conclusion that the Foundation satisfies Wexford factors 2, 4, 5, and 6. Furthermore, in light of the clarified standard applicable to Wexford factor 3 announced in Baruch, we conclude that the Foundation also satisfies that factor. Accordingly, the Foundation qualifies as a charitable institution for purposes of exemption under Section 7o of the GPTA.
Next, Dexter and Treasury challenge the tribunal’s determination that the DWC property is “owned and occupied” by the Foundation, arguing that the property is actually occupied by Power Wellness Management (PWM), the unrelated for-profit company that the Foundation employs to manage the day-to-day operations of its fitness centers. We disagree.
The leading case concerning the first element is Liberty Hill Housing Corp v City of Livonia.39 The petitioner in Liberty Hill was incorporated to “creat[e] integrated housing alternatives for low income individuals and families, and persons with disabilities, to interact with the general public, and to promote the establishment of safe, affordable and accessible as necessary housing for low-income individuals and families and persons with disabilities.”40 In furtherance of this purpose, the petitioner leased or rented a number of single-family homes to qualifying tenants.41 In affirming the denial of the petitioner’s request for property tax exemption under MCL 211.7o(1), the Liberty Hill Court held that the occupancy aspect of the first element requires that “the charitable institution must at a minimum have a regular physical presence on the property.”42 Thus, the petitioner did not qualify for exemption because its tenants “occupied” the subject properties.43
In this case, the tribunal determined before trial that the Foundation could not occupy the property by virtue of the physical presence of its agent, PWM. But after considering the proofs presented at trial, it nonetheless determined that the Foundation occupied the property based upon the following facts:
Matthew Pegouskie, an employee of Petitioner testified that he has an office at the subject property, at which he spends on average 8 hours per week. Amy Heydlauff testified that she has her own mailbox at the facility, as well as keys to
39 Liberty Hill Housing Corp, 480 Mich 44. 40 Id. at 46. 41 Id. at 46-47. 42 Id. at 58. 43 Id.
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the facility and unrestricted access. Angela Sargent, of PWM and director of the subject property testified that Ms. Heydlauff maintains an office at the facility and has regularly observed Ms. Heydlauff’s presence throughout the facility. Sargent also testified that Petitioner’s healthcare advisory committee meets at the subject, and [Foundation] Board Members have been at the facility on Board business 633 times since it opened in 2013. Finally, Petitioner maintains a regular physical presence in that all of the furniture and equipment present at the facility is owned by [the Foundation], rather than PWM.
The tribunal’s factual findings require some correction. Pegouskie and Heydlauff share a cubicle in the administrative area of the DWC. Both have keys to the facility and enjoy unrestricted access. Although Pegouskie first testified that he spends approximately 8 hours a week at the DWC, he later clarified that he spends 8 hours working in the office and approximately 3 to 4 additional hours each week in other areas of the DWC. He also attends the Dexter coalition meetings held in the facility’s conference room. Heydlauff testified that she visits the DWC approximately two times a week. Although Heydlauff noted that the time she spent in the facility on these occasions can vary dramatically, the tribunal correctly noted that Sargent recalled seeing Heydlauff at the DWC with regularity. However, Sargent did not place any significance on the presence of the advisory committee at the DWC. Rather, she explained that the committee only met quarterly and, although they had met at the DWC before, they primarily convened at the Chelsea location. Furthermore, Sargent did not testify that the Foundation’s board members conducted business at the DWC on 633 occasions; she agreed that the board members receive complimentary access to the DWC in consideration of their services and reported that the members came to the center 633 times since it opened. Even accepting that the board members might report problems they observe to Heydlauff, the tribunal’s characterization of the board members personal use of the facility as Foundation business is dubious at best.
Notwithstanding the above, this Court will defer to the tribunal’s interpretation of tax statutes in the absence of legal error,44 and these minor factual clarifications do not render the tribunal’s conclusion legally erroneous. Unlike the petitioner in Liberty Hill, the Foundation did not forfeit its occupancy rights to PWM and, indeed, Pegouskie and Heydlauff both exercised that right by spending time at the DWC with regularity.45 As already noted, Pegouskie worked at the DWC an average of 11 to 12 hours per week. Although Heydlauff could not estimate the number of hours she spent at the DWC on any given day, her presence was frequent enough that the DWC’s director considered it common and agreed that Heydlauff had a hands-on oversight
44 SBC Health Midwest, 500 Mich at __;slip op at 5 (quotation marks and citation omitted). 45 Although Treasury makes much of the fact that the original management agreement between the Foundation and PWM limited the Foundation’s right of entry, Heydlauff testified that the agreement was amended to more accurately reflect the true relationship between the Foundation and PWM. Heydlauff’s explanation was corroborated by the testimony of two PWM facility directors indicating that they did not have authority to restrict the Foundation’s access to the wellness centers.
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style. Additionally, Pegouskie explained that it was a rare occurrence for their visits to overlap. Although PWM’s presence at the DWC undoubtedly exceeded that of the Foundation’s employees, the tribunal correctly noted that there is no exclusivity requirement in MCL 211.7o(1). While Heydlauff’s and Pegouskie’s physical presence was by no means constant, the occupancy component of the first element only requires a regular physical presence.46
Lastly, Dexter also cross-appeals the tribunal’s determination that the Foundation satisfied the third element of MCL 211.7o(1), requiring that the property be occupied solely for the purposes for which it was incorporated. According to Dexter, the Foundation does not satisfy this element because the DWC members are charged market rates for access to the facility, which means that the Foundation is not providing charity at the DWC. Dexter maintains that the free or subsidized programs available at the DWC were limited during the relevant tax years and the Foundation’s other charitable activities occur elsewhere. We disagree.
In Gull Lake Bible Conference Ass’n v Ross Twp,47 the Court was called upon to interpret a predecessor to the current charitable institution exemption statute. Although the requirements of the former statute varied from the existing version of MCL 211.7o(1), the plaintiff was still required to demonstrate that the property was occupied solely for the purposes for which it was incorporated.48 According to its organizational documents, the plaintiff’s stated purpose for incorporation was “[t]o promote and conduct gatherings at all seasons of the year for the study of the Bible and for inspirational and evangelistic addresses.”49 The sizeable property at issue contained a number of structures and a camp area that were used for purposes of housing the plaintiffs’ employees and patrons.50 The property also contained various recreational amenities, including “a fellowship center building, picnic area, boat docks, bath house, bathing beach, playground, and horseshoe and badminton courts.”51 After considering the plaintiff’s stated purpose of promoting and conducting specified gatherings, the Court concluded that the plaintiffs’ use of the living accommodations and recreational facilities was necessary to obtain satisfactory attendance in furtherance of its stated purpose for incorporation.52 Thus, it was entitled to exemption.53
46 Liberty Hill House Corp, 480 Mich at 58. 47 Gull Lake Bible Conference Ass’n v Ross Twp, 351 Mich 269; 88 NW2d 264 (1958). 48 Id. at 273. 49 Id. at 271. 50 Id. at 272. 51 Id. 52 Id. at 275. 53 Id.
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A similar result was reached in Oakwood Hospital Corp v Mich State Tax Commission.54 The property at issue in Oakwood Hospital Corp was a portion of the hospital plaintiff’s real estate on which several residential houses were situated.55 The houses were built for the purpose of providing nearby living quarters for the plaintiff’s resident physicians and interns and leased to its employees for that purpose.56 The defendant argued that the houses were not exempt because they were used for residential purposes, rather than the purpose for which the plaintiff was incorporated, namely, operating a hospital.57 The Court disagreed, reasoning that the close proximity of the houses was important to the operation of the hospital because it enabled doctors and interns to be available upon short notice.58 Accordingly, the Court concluded that the houses were “owned by plaintiff and occupied in furtherance of and for the purposes for which plaintiff was incorporated . . . .”59
From these cases, it is evident that the final element of MCL 211.7o(1) can be satisfied when the use made of the property furthers the claimant’s purpose for incorporation. As such, Dexter’s argument concerning the Foundation’s purported failure to provide charity at the DWC stems from a false understanding of the last statutory requirement. Although the petitioner must be incorporated chiefly, if not solely, for charity to constitute a charitable organization under Wexford,60 it does not necessarily follow, as Dexter contends, that charity must be provided at the subject property. By the same token, an exemption would not be warranted for property owned and occupied by a charitable organization merely because charity was provided on that property if the charity was inconsistent with the organization’s purpose for incorporation. For instance, if the Foundation converted the DWC to a seminary and offered free religious tutelage to service area residents, it would not qualify for exemption. Although such tutelage would amount to charity because it was offered as a gift to an indefinite number of people, bringing their minds and hearts under the influence of religion, it would not advance the Foundation’s purposes for incorporation.
Here, the Foundation was incorporated to engage in activities that “support significant, measurable, and sustainable improvements in the health and wellness of residents in the Service Area . . . .” In response to an inquiry concerning the importance of the fitness centers to its overall strategy, Heydlauff explained,
[O]f all the things we do, of all the things we fund in our communities, our biggest impact, the biggest, largest number of people that we’re able to impact are
54 Oakwood Hosp Corp v Mich State Tax Comm, 374 Mich 524; 132 NW2d 634 (1965). 55 Id. at 527. 56 Id. 57 Id. at 529. 58 Id. at 530. 59 Id. 60 Wexford, 474 Mich at 215.
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through our Wellness Centers, and that’s just for -- just for the members. . . . [W]hen you start adding all of the community programs and the other offerings that we provide for the community and the other opportunities that we provide there, then it’s even a bigger impact.
The Foundation’s use of the DWC as a fitness facility furthers its purposes for incorporation by enabling healthy exercising habits and providing opportunities to participate in health-related educational programming. As such, the Foundation satisfies the third element for exemption under MCL 211.7o(1), and the tribunal did not err in concluding so.
IV. CONCLUSION
Because the Foundation has satisfactorily proven that it is a charitable organization and owns and occupies the DWC, which it uses solely for the purposes for which it was incorporated, the Foundation is entitled to exemption from property taxes under MCL 211.7o(1). Accordingly, we need not address the Foundation’s remaining claims of error. The tribunal’s April 6, 2016 order is reversed to the extent that it found that the Foundation’s DWC property was not exempt and we remand this matter to the tribunal for entry of an order consistent with this opinion. We do not retain jurisdiction.
/s/ Michael J. Talbot /s/ Peter D. O’Connell /s/ Colleen A. O’Brien
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Page 78 of 102 Page 226 of 246 OFFICE OF THE CITY MANAGER 8140 Main Street Dexter, Michigan 48130-1092 (734) 426-8303 Fax (734) 426-5614
Memorandum
To: Mayor Keough and City Council
From: Courtney Nicholls, City Manager
Re: Consideration of: Scope of Services from OHM for Baker Road Paving
Date: October 18, 2017
The Baker/Dan Hoey/Shield roundabout project was originally programmed to receive $580,000 in federal funds through WATS. Due to the receipt of the CMAQ grant, which is expected to cover the project cost, these funds needed to be reassigned. The City and the Road Commission split them 1/3 to 2/3, which is the same as the cost share for the roundabout project. The City requested a TIP amendment from WATS to create a project to mill and overlay Baker from Dan Hoey to Grand. This amendment has been approved by the WATS Technical Committee and will be voted on by the Policy Committee on October 18, 2017.
Attached for Council’s review is a scope of services from OHM to provide the design for the Baker Road Paving project. The funds for the design work will be reallocated from the funds budgeted to add lighting in the area of the Baker Road island.
The Baker Road paving will be incorporated into the bid for the roundabout project. The estimated construction cost is currently $193,000. The 20% in matching funds for the construction, plus inspection will be budgeted for in FY 18-19, as the paving work will be completed at the end of the roundabout project.
Council is asked to approve the design proposal in an amount not to exceed $10,000.
Page 227 of 246 October 18, 2017
City of Dexter 8123 Main Street Dexter, Michigan 48130
Attention: Ms. Courtney Nicholls City Manager
Regarding: Baker Road from Dan Hoey Road to Grand Street Paving Improvement Project Proposal for Engineering Design Services
Dear Ms. Nicholls:
OHM Advisors Inc. (OHM) is pleased to submit this proposal for professional services for the proposed paving improvement project planned near the downtown district of the City of Dexter.
In August of 2017, the city received word that it was successful in obtaining STP-U construction funds for paving and striping improvements on Baker Road between Dan Hoey and Grand Street. The funds available are $191,400 with a required $38,280 match (total project cost of $229,680). The project includes the following:
Spot repair of curb and gutter, adjustment of manhole covers and as-needed base repair. Mill and fill of Baker Street from Dan Hoey Road to Grand Street New pavement markings
As with past Federal Aid Road projects, these improvements will be administered and bid through MDOT. We have prepared a scope of services that will assist the City in developing program materials, plans and specifications for bidding.
Field Log
OHM will prepare a field log of existing conditions noting areas of pavement and curb repair. The existing pavement markings will also be logged.
Engineering Design
Upon completion of the base plans, OHM will perform the design of the roadway improvements. OHM’s design phase includes the following:
Page 228 of 246 Baker Road Paving Improvements August 29, 2017 Page 2 of 3
1. Prepare typical cross-sections, showing existing and proposed roadways, as well as line and grade of the proposed pavement. 2. Prepare construction plans for incidental items including maintenance of traffic and soil erosion and sedimentation control. 3. Prepare a pavement-marking log, denoting proposed road markings after construction is completed. 4. Develop technical specifications and method of payment detailing materials, equipment, and labor necessary to perform the work. Specifications will be prepared in a manner appropriate for insertion into the standard MDOT contract book. 5. Provide final copies of bidding documents to the City and MDOT for review. 6. Plan and attend one meeting with the City to review contract documents prior to bidding. 7. Prepare an engineer’s opinion of probably construction costs. 8. Prepare a bid sheet detailing all items of work and associated quantities.
Permits, MDOT and Property Owner Coordination
As noted previously, the project will be bid through MDOT’s Local Agency Program. This requires that the following tasks be completed prior to bidding:
1. Prepare an MDOT program application. 2. Obtain crash report history and prepare a crash analysis to MDOT. 3. Prepare and submit the MDOT Program Application for Local Agency Projects. 4. Prepare and submit the Grade Inspection (G.I.) package. Upon acknowledgment from MDOT, Schedule and attend the grade inspection meeting. 5. Submit final plans, proposal documents and construction cost opinion to MDOT.
In the event it becomes apparent that additional tasks will be required to complete the analysis, OHM will provide a separate proposal for professional services to the City for approval prior to carrying out those items.
OHM will provide the City with the following: . MDOT formatted contract documents including plans and proposals for bidding purpose. . All noted permit applications . Final opinion of probable cost
OHM proposes to provide the outlined professional design engineering services on an hourly not exceed basis as follows: Design Services $10,000
Page 229 of 246 Baker Road Paving Improvements August 29, 2017 Page 3 of 3
The project is intended for the summer 2018 construction season. We anticipate the following schedule for the project:
Milestone Date Grade Inspection Documents and Plans ...... August 2017 Final Plans ...... November 2017 Project Bidding ...... February 2018 Construction ...... June through August 2018
We thank you for this opportunity to provide professional services. Please do not hesitate to contact us if you have any questions. Should you find our proposal acceptable, please execute both copies of the attached agreement and return one copy to us for our files.
Very Truly Yours,
OHM Advisors, Inc.
______Patrick Droze, P.E.
Cc: Zack Hampton, OHM Dan Schlaff, Superintendent of Public Services Kurt Augustine File City of Dexter Baker Road STP-U Engineering Services
Accepted By:
Printed Name:
Title:
Date:
Page 230 of 246 OFFICE OF THE CITY MANAGER 8140 Main Street Dexter, Michigan 48130-1092 (734) 426-8303 Fax (734) 426-5614
Memorandum
To: Mayor Keough and City Council
From: Justin Breyer, Assistant to the City Manager/City Clerk Courtney Nicholls, City Manager
Re: Consideration of: Transportation Alternatives Program Grant Application Resolution
Date: October 18, 2017
At the October 9th meeting, staff provided an overview of the project and costs associated with developing Phase 2 of the Mill Creek Park Trail. Based on the estimate provided by Paul Evanoff, the project would cost approximately $1,205,054 and would provide the primary trail from the existing Mill Creek Park down to the Dexter Schools campus and some stormwater management. This project would not include the Grand St. sidewalk, Grand Street Trailhead, all secondary pathways, fishing platform.
To cover the costs associated with the grant, staff recommends applying for at least three grants:
Total Estimated Cost: $1,205,054
TAP Grant Request: $550,000 MDNR Trust Fund Request - $300,000 Washtenaw County Community Connector Request $150,000 Remainder: $205,054
For this project, the cost to the City would be approximately $200,000, depending on the success of the grantors fully funding the grant requests. City Council should begin to consider how much funding it is willing to allocate to this project. Some considerations: • The project would potentially be funded over 2 fiscal years • The City’s portion would likely go towards the $250,000 in “soft costs” – i.e. survey, geotechnical, permitting, design and construction administration,” some of which would need to be done in FY 2018-19 with construction beginning in FY 2019-20.
Staff is working with OHM to develop the language for the Transportation Alternatives Program (TAP) grant, and will be working with Paul Evanoff of SmithGroupJJR to develop the MDNR Trust Fund grant application. Staff has requested letters of support for the City’s TAP, MDNR Trust Fund, and Connecting Communities grant applications from private, non-profit, local, county, and state organizations. If Council has any ideas for organizations that may be interested in providing letters of support, staff would be happy to submit the request. The MDOT segment of the TAP grant is due at the end of October.
Page 231 of 246 At their meeting on Tuesday, October 17th, the Parks and Recreation Commission discussed the Mill Creek Park Phase 2 Project and then approved the following motion:
Motion by Murillo, Seconded by Marques to recommend to City Council the adoption of the following resolution as presented to apply for a Michigan Department of Transportation (MDOT) and/or Southeast Michigan Council of Governments (SEMCOG) Transportation Alternatives Program (TAP) grant in the amount of $550,000 for the development of the Mill Creek Park Phase 2 Trail.
Ayes: Tell, Henkemeyer, Wagner, Marques, Arnold, and Murillo Nays: None Absent: None
Council is asked to adopt the resolution on the following page, as recommended by the Parks & Recreation Commission.
Page 232 of 246 RESOLUTION #______
RESOLUTION IN SUPPORT OF THE CITY OF DEXTER’S MILL CREEK PARK TRAIL PHASE 2 PROJECT
City of Dexter County of Washtenaw State of Michigan
At a regular meeting of the City Council of the City of Dexter, Washtenaw County, Michigan, held at the Dexter Senior Center, 7720 Ann Arbor St., Dexter, Michigan on the ______of ______, 2017, at 7:30pm
PRESENT:
ABSENT:
It was moved by ______, supported by ______:
WHEREAS, the Michigan Department of Transportation and the Southeast Michigan Council of Governments will be accepting applications for the Transportation Alternatives Program (TAP) Grant for Fiscal Year 2019; and
WHEREAS, the City of Dexter, in collaboration with community, governmental, non-profit, and business partners, seeks to construct the Mill Creek Park Phase 2 Trail; and
WHEREAS, this trail would add nearly a mile of non-motorized pathway to the Dexter-area; and
WHEREAS, the development of this trail is based on the 2009 Mill Creek Park Master Plan, for which the City utilized several methods to obtain public input; and
WHEREAS, the Mill Creek Park Trail Phase 2 project was the most requested project during the City’s 2016 Parks and Recreation Master Plan update; and
WHEREAS, the Mill Creek Park Trail Phase 2 project has been included in the City of Dexter’s Parks and Recreation Master Plan action plan as well as the City’s Capital Improvements Plan; and
WHEREAS, the construction of this non-motorized pathway is estimated to cost $1.2 Million; and
WHEREAS, the City of Dexter will require funding assistance to complete this project; and
WHEREAS, this trail would complete a segment of the Washtenaw County Border-to-Border Trail and would tie into regional and County-wide non-motorized transportation initiatives and plans; and
WHEREAS, this trail would connect to the State of Michigan’s Iron-Belle Trail; and
WHEREAS, trails and non-motorized pathways enhance a community’s ability to attract investment; and
WHEREAS, this project seeks to improve water quality in Mill Creek and stormwater management within the community; and
Page 233 of 246
WHEREAS, this project will increase access to, and enjoyment of the beautiful Mill Creek, a branch of the Huron River; and
WHEREAS, as a Trail Town on the Huron River Water Trail, it is important that the City of Dexter provide opportunities for residents and visitors to experience as much of the Huron River and Mill Creek as possible;
NOW, THEREFORE, BE IT RESOLVED that the Dexter City Council hereby approves the submittal of a grant application in the amount of $550,000 to the Michigan Department of Transportation and Southeast Michigan Council of Governments for the Transportation Alternatives Program (TAP); and
BE IT FURTHER RESOLVED that if the grant is awarded, the City of Dexter, Michigan will accept the terms of the agreement as received from the Michigan Department of Transportation and/or Southeast Michigan Council of Governments.
AYES: NAYS: ABSENT:
RESOLUTION DECLARED ADOPTED THIS _____ DAY OF ______, 2017
______Mayor – Shawn W. Keough
STATE OF MICHIGAN) )ss COUNTY OF WASHTENAW)
I, the undersigned, the duly qualified Clerk of the City of Dexter, Washtenaw County, Michigan, DO HEREBY CERTIFY, that the foregoing is a true and complete copy of the proceedings taken by the Dexter City Council at a regular meeting held on the ______day of ______, 2017.
______Justin Breyer, City Clerk
Page 234 of 246 OFFICE OF THE CITY MANAGER 8140 Main Street Dexter, Michigan 48130-1092 (734) 426-8303 Fax (734) 426-5614
Memorandum
To: Mayor Keough and City Council
From: Courtney Nicholls, City Manager
Re: Consideration of: Annexation of 8100 Shield
Date: October 12, 2017
On October 3, 2017 the City received a request from the Dexter Community Schools (DCS) to annexation 8100 Shield Road into the City. The property sits between Mill Creek and Al Ritt Field. DCS intends to build on this property as part of their bond projects and wishes to have all the bond projects occur in one jurisdiction. The annexation will also allow them access to City sewer.
Scio Township has been provided with a resolution that they will consider at a future meeting. Once both resolutions are passed they will be filed with the Office of the Great Seal and the annexation will be complete.
Council is asked to pass the attached resolution annexing 8100 Shield into the City of Dexter.
Page 235 of 246 RESOLUTION CITY OF DEXTER ______
Whereas, the City of Dexter received a request from Dexter Community Schools to annex 8100 Shield Road (“the property”) into the City of Dexter, and
Whereas, the property is currently located in Scio Township, and
Whereas, the property is currently uninhabited, and
Whereas, the reasons for the annexation request is to facilitate development of 8100 Shield in conjunction with the Dexter Community Schools’ other bond related projects by having all of the relevant property in one jurisdiction; and
Whereas, without the annexation into the City, a building on this property would be required to install a septic system in close proximity to Mill Creek, and
Whereas, any building built on the subject property following the annexation will be allowed to connect to the City sewer system upon payment of the required tap fee and issuance of necessary permits, and
Whereas, the zoning of the property will be R-1A One Family Residential – Large Lot to be consistent with all other school properties, and
Whereas, in accordance with MCL 117.9(8) the annexation of the parcel can be completed if Scio Township and the City of Dexter pass resolutions approving the annexation, and
Whereas, this land is adjacent to the City borders and meet the statutory and common law requirements for annexation purposes, that is to say it is contiguous, proportionate and creates no enclaves,
NOW, THEREFORE, BE IT RESOLVED:
1. That the City of Dexter, Washtenaw County, Michigan, accepts the request from the property owner to annex the land from Scio Township described as follows:
COMMENCING AT THE NORTH ¼ CORNER OF SECTION 7, TOWN 2 SOUTH, RANGE 5 EAST, SCIO TOWNSHIP, WASHTENAW COUNTY, MICHIGAN; THENCE SOUTH 88°39’00” WEST 525.35 FEET ALONG THE NORTH LINE OF SAID SECTION AS MONUMENTED TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 88°39'00” WEST 18 FEET, MORE OR LESS, ALONG SAID WATER’S EDGE TO THE CENTERLINE OF SHIELD ROAD (66 FEET WIDE); THENCE NORTH 88°27’03” EAST 73 FEET, MORE OR LESS, TO POINT B WHICH BEARS THE FOLLOWING THREE (3) COURSES FROM POINT A: SOUTH 24°28'00” EAST 222.40 FEET, SOUTH 05° 19'00” EAST 351.32 FEET AND SOUTH 06°20'00” EAST 26.29 FEET; THENCE CONTINUING NORTH 88°27’03” EAST 415.08 FEET ALONG SAID
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CENTERLINE; THENCE NORTH 01°34'00” WEST 579.77 FEET TO THE POINT OF BEGINNING. BEING A PART OF THE NORTHWEST ¼ OF SECTION 7, TOWN 2 SOUTH, RANGE 5 EAST, SCIO TOWNSHIP, WASHTENAW COUNTY, MICHIGAN.
Contains 6.5 acres, more or less, of land. Subject to all easements and restrictions of record, if any.
Tax Parcel: H-08-07-200-003 Commonly known as: 8100 Shield Road, Dexter, MI 48130
Moved by: Seconded by:
Yeas:
Nays:
Absent:
RESOLUTION DECLARED ADOPTED THIS___ DAY OF _____ 2017.
______Mayor – Shawn W. Keough
CERTIFICATION
I hereby certify that the attached is a true and complete copy of a resolution adopted by the City Council of the City of Dexter, County of Washtenaw, State of Michigan, at a regular meeting held on the ___ day of ____, 2017.
______City Clerk – Justin Breyer
-2- Page 237 of 246 Page 238 of 246 OFFICE OF THE CITY MANAGER 8140 Main Street Dexter, Michigan 48130-1092 (734) 426-8303 Fax (734) 426-5614
Memorandum
To: Mayor Keough and City Council
From: Courtney Nicholls, City Manager
Re: Consideration of: Annexation of Mill Creek Parkland
Date: October 12, 2017
In 2010 the City purchased an approximately 21 acre piece of property along Mill Creek in Scio Township (across the creek from Mill Creek Park South). The purpose of the purchase was to allow the City to demonstrate in the Michigan Natural Resources Trust Fund Application that the City controlled both sides of Mill Creek. This land was not drawn into the City boundary during the incorporation process. To clean up this area of the boundary, we have requested that Scio allow us to annex the land.
Scio has been provided with a resolution that they will consider at a future meeting. Once both resolutions are passed they will be filed with the Office of the Great Seal and the annexation will be complete.
Council is asked to pass the attached resolution annexing the Mill Creek Parkland into the City of Dexter.
Page 239 of 246 RESOLUTION # DEXTER CITY COUNCIL
Whereas, on June 18, 2010 the then Village of Dexter did purchase approximately 21 acres of land located in Scio Township for the purpose of creating parkland adjacent to its boundaries, and
Whereas, the Village of Dexter was incorporated as the City of Dexter on November 20, 2014, and
Whereas, in accordance with MCL 117.9(8) the annexation of the parcel can be completed if Scio Township and the City of Dexter pass resolutions approving the annexation, and
Whereas, this land is adjacent to the City borders and meet the statutory and common law requirements for annexation purposes, that is to say it is contiguous, proportionate and creates no enclaves, and
Whereas, the zoning of the property will be PP – Public Park,
NOW, THEREFORE, BE IT RESOLVED:
1. That the City of Dexter, Washtenaw County, Michigan, does hereby annex the following land from Scio Township as shown on the attached map, which is described as follows:
A parcel of land being part of the NW ¼ of Section 6, Town 2 South, Range 5 East, Scio Township, Washtenaw County, Michigan, more particularly described as follows: Commencing at the West ¼ corner of said Section 6; thence N 04°36'04” E 446.18 feet; thence N 82°38'19” E 695.27 feet; thence S 52°31'38” E 178.36 feet; thence S 53°08'45" E 9.75 feet to the Point of Beginning; thence N 41°21'29” E 477.79 feet; thence N 53°28'38” W 118.67 feet; thence N 41°25'41” E 218.38 feet; thence N 66°58'38” E 205.77 feet; thence N 62°27'38” E 300.55 feet; thence N 63°15'38” E 132.39 feet; thence N 61°12'38” E 254.27 feet; thence N 53°10'38” E 143.78 feet; thence N 18°11'38” E 458.68 feet; thence N 29°11'38” E 239.63 feet; thence S 57°14'22” E 71.52 feet along the centerline of Main Street (66 ft. wide) to a point on the approximate Thread of Mill Creek; thence along said Thread of Mill Creek the following twelve (12) courses: 1) S 26°06'16" W 33.0 feet, 2) S 18°00'45” W 189.77 feet, 3) S 02°11'43” W 207.30 feet, 4) S 25°42'02” W 129.81 feet, 5) S 35°12'41” W 146.98 feet, 6) S 34°14'02” W 294.11 feet, 7) S 18°43'36” W 411.79 feet, 8) S 35°01'15” W 119.31 feet, 9) S 33°17'12” W 141.01 feet, 10) S 18°46'56” W 215.69 feet, 11) S 22°16'41” W 234.89 feet, 12) S 07°22'44” W 35.77 feet to a point on the North line of Parcel # H-08-06-360-800; thence S 86°52'36” W 377.0 feet along said North line; thence N 53°08'45” W 489.76 feet to the Point of Beginning.
Contains 927,058 square feet or 21.282 acres of land, more or less. Subject to all easements and restrictions of record, if any.
Page 240 of 246 Resolution# Page 2 of 2
Moved by: Seconded by:
Yeas:
Nays:
Absent:
RESOLUTION DECLARED ADOPTED THIS___ DAY OF _____ 2017.
______Mayor – Shawn W. Keough
CERTIFICATION
I hereby certify that the attached is a true and complete copy of a resolution adopted by the City Council of the City of Dexter, County of Washtenaw, State of Michigan, at a regular meeting held on the ___ day of ____, 2017.
______City Clerk – Justin Breyer
-2- Page 241 of 246 Page 242 of 246 Page 243 of 246 PAGE LEFT INTENTIONALLY BLANK
Page 78 of 102 Page 244 of 246 Budget Amendments
General Fund 101
New Revenue Original Previously Budget After Line or Adopted Amended Amendment Current Line Number Line Description # ? Expenditure? Budget Budget Amount Amendment
101-000-679.000 Miscellaneous Grants No Revenue $ 10,000 $ - $ 42,000 $ 52,000
Reason for Amendments Settlement funds received from LED manufacturer ($39,500) and grant from County for Inverness Barn Environmental Work ($2,500)
101-265-970-000 Buildings & Grounds - Capital No Expenditure $ - $ - $ 7,000 $ 7,000
Reason for Amendments Environmental Testing ($2,500) and Removal of Inverness Barn ($4,500) - Environmental Testing Offset by Revenue from the County Brownfield Authority
101-448-970-000 Municipal Street Lighting - Capital Improv. No Expenditure $ - $ - $ 39,500 $ 39,500
Reason for Amendments Expenditures related to the LED replacements downtown; offset by settlement from manufacturer
101-901-975-016 Capital Improvements - Facilities No Expenditure $ - $ - $ 4,300 $ 4,300
Reason for Amendments Partners in Architecture work on Monument Park Building and 8140 Main
101-890-955-000 Contingency No Expenditure $ 15,000 $ (8,800) $ 6,200 Reason for Amendments Use of contingency to offset increased expenses
Total change in Revenue - increase /(decrease): $ 42,000 Total change in Expenditures - increase /(decrease): $ 42,000 Change to Overall Budget's revenue over expenditures: $ - Source of Reserves, if applicable:
Major Streets 202
New Revenue Original Previously Budget After Line or Adopted Amended Amendment Current Line Number Line Description # ? Expenditure? Budget Budget Amount Amendment
202-451-974.001- Other Capital Improvements Yes Expenditure $ - $ - $ 10,000 $ 10,000 Reason for Amendment Design for Paving of Baker from Dan Hoey to Grand; construction to occur in 18-19
202-451-803.000- Contracted Services No Expenditure $ 42,000 $ (10,000) $ 32,000
Reason for Amendment Use of funds originally budgeted to add lighting at Baker Rd island
Total change in Revenue - increase /(decrease): $ - Total change in Expenditures - increase /(decrease): $ - Change to Overall Budget's revenue over expenditures: $ - Source of Reserves, if applicable: N/A
Page 245 of 246 Budget Amendments
GO Bond Fund 303
New Revenue Original Previously Budget After Line or Adopted Amended Amendment Current Line Number Line Description # ? Expenditure? Budget Budget Amount Amendment
303-248-957-000 Property Tax Refunds No Expenditure $ - $ 500 $ 500
Reason for Amendment Property tax refunds due from the GO Bond fund
Total change in Revenue - increase /(decrease): $ - Total change in Expenditures - increase /(decrease): $ 500 Change to Overall Budget's revenue over expenditures: $ (500)
Source of Reserves, if applicable: Use of GO Bond Reserves.
Water Fund 591
New Revenue Original Previously Budget After Line or Adopted Amended Amendment Current Line Number Line Description # ? Expenditure? Budget Budget Amount Amendment
591-890-955-000 Contingency No Expenditure $ 15,000 $ (15,000) $ -
Reason for Amendment Use to offset cost of filter replacement
591-901-974-000 Capital Improvement - Filter Replacement No Expenditure $ 100,000 $ 15,000 $ 115,000
Reason for Amendment Actual cost of filter replacement
Total change in Revenue - increase /(decrease): $ - Total change in Expenditures - increase /(decrease): $ - Change to Overall Budget's revenue over expenditures: $ -
Source of Reserves, if applicable: N/A
Approved by the City Council on October 23, 2017
Justin Breyer, City Clerk
Page 246 of 246