Rochester Hills Legistar System

Ed Anzek, Director of Planning and Development

Bryan Barnett, Mayor

Scott Cope, Director of Building/Ordinance Compliance

Paul Davis, City Engineer

Derek Delacourt, Deputy Director of Planning

Susan Galeczka, Deputy Clerk

Julie Jenuwine, Director of Finance

Kevin Krajewski, Deputy Director of MIS

Jane Leslie, City Clerk

Mark McLocklin, Ordinance Inspector

Jack Sage, Ordinance Inspector

John Staran, City Attorney

Mark Vecellio, Bldg. Trades Insp./Plan Reviewer

Bob White, Supervisor of Ordinance Services

Kelly Winters, Deputy Director of Building/Ordinance Compliance

Council Members Jim Duistermars and Barbara Holder provided previous notice that

they would be unable to attend and asked to be excused.

Mr. Ambrozaitis stated the League of Women Voters were hosting a forum for all

candidates for public office on Thursday, August 2, 2007 at 7:00 p.m.

Mr. Yalamanchi requested an update of the Zoning Ordinance.

President Rosen stated the Zoning Ordinance rewrite should be completed in

November or early December.

Mayor Barnett advised that the Rochester/Auburn Hills Community Coalition hosts

"Movies Under The Moon", noting the movies are shown at the Rochester College. He

stated that Mr. Charlie Sanders, a former Detroit Lions Football player, was being

inducted into the National Football League Hall of Fame. He commented the Rochester

Community House is sponsoring a "Charlie Sanders Appreciation Day" on August 26.

He added there will be a dinner served and the proceeds from that will go towards the

Charlie Sanders Endowment Scholarship Fund.

Mayor Barnett noted several 2007 Accomplishments relating to the following

issues/goals:

- Provided reliable and safe infrastructure

- Retained investments, promoted redevelopment, and maintained the employment base

- Improved operational processes and efficiencies

- Maintained an excellent level of governmental services

- Preserved the City's natural resources and recreational character and charm

- Ensured short-term and long-term prosperity by performing fiscal planning,

demonstrated fiscal responsibility and efficient management of taxpayers' assets

Mayor Barnett discussed the highlights of the fiscal year 2008 Budget, noting it proposes

to keep the City's total millage rate at 9.7060; assuming the passage of the Special

Police II Millage renewal on September 11, 2007. He further noted that this millage rate

represents the fourth lowest of the 30 communities in Oakland County. He commented

that this is the ninth consecutive year that the millage rate has not increased.

Mayor Barnett announced that the recommended total budget for Rochester Hills would

be $121,053,370, noting the following specific funds:

- General Fund $27.1 million

- Major Road Fund $8.9 million

- Local Street Fund $6.5 million

- Fire Operating Fund $8.1 million

- Special Police Fund $8.6 million

- Pathway Maint. Fund 702,160

- Drain Fund $2.2 million

- Pathway Const. Fund $1.1 million

- Water & Sewer Fund $16.4 million

- Facilities Fund $5.1 million

Transfers from General Fund

- Capital Improvement Fund $366,220

- Major Road Fund $366,220

- Special Police Fund $3.3 million

- Drain Fund $508,610

- Local Street Fund $5.1 million

The Mayor then discussed several Capital Projects proposed in the 2008 Budget,

including the following:

- Seven Fire Department apparatus: four replacement Ambulances, two Rescue

Pumpers, one Telesquirt, and one Squad Car ($1.8 million)

- Eleven general vehicles, one Backhoe, one Street Sweeper ($483,000)

- Mowers, tractors, an upgrade to the Fuel Management System, and other various fleet

equipment ($120,000)

- A new "Smart Cart" with reporting capabilities to be used for Police and DPS traffic

services ($12,500)

- Facility improvements of Spencer Park Parking lot ($320,000)

- Information technology: Office Suite software upgrade, financial system enhancement,

cash receipting system, five Fire Department laptops for field operations and one color

printer for the sign shop ($173,000)

- Storm water/drain improvements for the Karas Drain II extension and completion of the

East Ferry Drain ($1.3 million)

- Pathway improvements along John R Road, Auburn Road and City-wide pathway

rehabilitation ($1.1 million)

- Water and Sewer infrastructure work, projects include: water main design for

Washington Road, Austin Drive, and South Blvd; Water main installation/replacement for

Brewster Road and Avon Road loop by Rochester College. Sanitary Sewer projects

include: design of Washington Road extension, Tienken @ Allston, Adams @ Avon

Road, lining of Shadow Woods subdivision, and a Sanitary Sewer Evaluation Study.

Grant Pump Station improvements, SCADA improvements and PRV Vault consolidation

and the final year of Radio Read equipment installation ($2.3 million)

- Major road improvements, projects include: Dutton Road, John R Road and Tienken

Road Corridor designs, construction costs for Hamlin Road, Brewster Road, John R

Road (South Blvd - Hamlin Road), Avon Road and Crooks Road irrigation.

Right-of-Way acquisition costs for Hamlin Road and Dequindre Road. ($6.7 million)

Major road concrete slab replacement ($336,000)

- Asphalt repaving of Birch Tree Lane, Birch Tree Court, Sherwood Forest Drive, Mount

Oak and Heritage Oaks Subdivision along with School Road section paving ($1 million)

City-wide concrete slab replacement ($1.9)

Mayor Barnett thanked the City Council for their focus on the need to unite in order to

provide vision for the numerous issues the City faces in the upcoming year. In closing

he stated, "These continue to be challenging times that will demand a united front and

honest dialogue. This conservative budget continues precedence of doing more with

less, as we work together to match resources with expectations."

A motion was made by Yalamanchi, seconded by Raschke, that this matter be

Adopted by Resolution.

Whereas, at the August 1, 2007 City Council Work Session, the Mayor presented

to Council the 2008 Proposed Budget in accordance with applicable Sections 3.2,

3.3, 3.4 and 3.5 of the City Charter; and

Whereas, City Council deemed it appropriate to waive their "Rules of Procedure"

in order to accept the Mayor's 2008 Proposed Budget and set the Public Hearing;

and

Whereas, City Council "Rules of Procedure,:" Article III: Meetings of Council;

Section.03: Work Sessions: Subsection (b) states, "No vote will be taken at Work

Sessions, except if there is a need to adjourn to Closed Session at which time

Council may consider a resolution at the beginning of the Work Session to

adjourn to Closed Session at the conclusion of the Work Session."; and

Whereas, City Council can determine to suspend their "Rules of Procedure"

pursuant to Article IX: Suspension and Amendment of these Rules, Section.01:

Suspension of these Rules: Subsection (a) states, "A majority of the Council

currently holding office may resolve to waive or suspend any rule as applied to

any matter of business appearing on the Council Agenda

Resolved, that the Rochester Hills City Council hereby waives City Council "Rules

of Procedure," Article III, Section.03 (b)(ii), solely for the purpose of accepting the

Mayor's 2008 Proposed Budget.

The motion carried by the following vote:

Exterior Maintenance and this is a new section that will allow the Building Department to

enforce exterior maintenance issues. He advised that Article II, Division II, Building

Interior Maintenance, is also a new section that has been added to the Property

Maintenance Ordinance.

Mr. Yalamanchi asked for clarification of the new Ordinance proposing to only allow a

homeowner 15 days to repair an inoperable vehicle that was sitting outside of the

residence. He questioned if the Ordinance should state that a resident should have 30

days to repair an inoperable vehicle.

Mr. Bob White, Supervisor of Ordinance Services, stated that if an inoperable vehicle

received a "red tag" Notice, that a homeowner would have seven days to respond to the

Ordinance Officer; then the homeowner and the Ordinance Officer could discuss how

much time the repair would require.

Mr. Yalamanchi questioned if the new Ordinance prohibited a mass distribution of

flyers.

City Attorney Staran stated the Ordinance does not prohibit the distribution of flyers,

but it contains a litter based measure to stop people from leaving flyers on vacant

property.

Mr. Yalamanchi asked if the flyer could be placed in the newspaper box under the

mailbox.

City Attorney Staran advised that placing a flyer in the newspaper box was acceptable.

Mr. Yalamanchi questioned that prior to the house being demolished would the owners

of boarded up, uninhabitable structures have up to 150 days to make the structure

livable or acceptable to the City's Codes.

Mr. Cope stated that after 150 days the City would initiate the process to get a Court

Order to have the structure demolished or encourage the homeowners to demolish it

themselves.

President Rosen asked if smoke detectors that were placed in houses years prior to

the Building Code, that are not interconnected, would need to be replaced.

Mr. Cope stated the Ordinance would not require the battery operated smoke detectors

to be hardwired. He further stated there are different requirements for homes that have

been built prior to 1974 when the State Codes went into effect. He advised that

interconnection is only required if the construction project requires the builder to remove

some of the interior drywall, thus allowing the installation of the interconnection.

PUBLIC COMMENT

Mr. Lee Zendel, 1575 Dutton Road, stated, in his opinion, the Ordinance Enforcement

Officers struggle to enforce all of the City Ordinances. He was concerned that with the

addition of a Blight Ordinance, there would be even more Ordinances that the current

Enforcement Officers would have to effectively enforce.

Mr. Anthony Markwort, 2790 Walbridge Dr., stated he strongly favored reactive

enforcement, as he felt proactive enforcement opens the door to more government

intervention into private citizens lives. He commented that he felt the City did not have a

blight problem.

Ms. Melinda Hill, 1481 Mill Race, stated concerns with City government intervening into

the personal lives of their citizens. She further stated she would like to see this

Ordinance be reactive verses proactive. She encouraged Council to use discretion in

their decision regarding this issue and stated some of the Ordinance items could be

abused.

Mr. Paul Miller, 1021 Harding Ave., stated that when homes fall into disrepair that it is

most likely caused by family hardships, emergencies, or physical conditions. He felt it

was not proper for the City to inflict fines on these citizens when they are not able to

keep their property in tact due to their individual circumstances.

COUNCIL DISCUSSION

Mr. Ambrozaitis stated he was not in favor of governmental interference but would like

to see an Ordinance in place to protect property values for all citizens of Rochester Hills.

Ms. Raschke stated she does not feel that Rochester Hills has a blight problem. She

commented that realtors should be responsible for the upkeep of vacant properties that

they are trying to sell in the City.

Mr. Cope stated the City Ordinance Staff will be enforcing interior maintenance issues

only if a complaint is received from residents who are in rental houses or apartments

that lack maintenance such as, open wires, smoke detectors not functioning, heating

systems not working properly, etc.

President Rosen asked if a resident complained to the Ordinance Department

regarding their living conditions within a rental property could that be addressed under

the current Building Code.

Mr. Cope advised that unless there was a blatant safety issue, (concern for an electrical

shock from exposed wiring, etc.) there was not an item in the current Ordinance that

would address a citizen complaint of that magnitude.

PUBLIC COMMENT

Ms. Colleen Dodt, 3618 S. Emmons, asked Council to refrain from viewing natural

landscaping as "blight". She stated her lawn may look "untidy" compared to the

commercial landscaping company that adjoins her property, but she grows her own

herbs on her lawn and uses them in her food.

Mr. Hooper commented that he did not feel there was a "blight" problem in Rochester

Hills. He stated that the current Ordinances need to be updated, but he did not want to

see City government intrude into the residents' personal lives. He asked if Council could

look at the current Ordinance, and the new Ordinance, side by side to evaluate the

information that each one contains.

Ms. Raschke stated that due to the diversity of the residents in Rochester Hills, she

requested an "H" be placed on the side of the Crittenton Hospital Building, as it is the

universal symbol for a hospital.

Mr. Ed Anzek, Director of Planning and Development, stated that since the "H"

represented an international symbol for a hospital, it would be exempt from the Sign

Ordinance provision, and he would inquire when the symbol could be placed on the

hospital building.

Mr. Hooper advised the only issue that was brought before the Planning Commission

from the residents of the Hidden Hills Subdivision was buffering, and the Architecture

Staff determined that no additional buffering was needed. He further advised the

Planning Commission unanimously approved this project.

Mr. Anzek stated the Landscape Architect determined that there are a couple of areas

where some additional trees could be planted on the south side of the retention basin,

but there is not a sufficient amount of space for additional landscaping.

Mr. Yalamanchi stated he was supportive of the hospital expansion but was cognizant

of the concerns of the residents who live in close proximity to the project. He asked if

the hospital would consider allowing Council to view it's Master Plan so Council could be

aware of the hospital's future expansion plans.

PUBLIC COMMENT

Ms. Nadine Harvey, 435 S. Livernois, Apt. 131, inquired if the south emergency road,

which is already in disrepair, would be resurfaced after the construction equipment

would no longer be using the road.

Mr. Kiriluk replied that if the construction traffic damages the road further, there is some

intent to repair the damages.

President Rosen inquired of Mr. Lynn Orfgen if Council could view Crittenton's Master

Plan later in the fall at a Work Session.

Mr. Orfgen stated that he would contact President Rosen to schedule an appropriate

time for Council to view Crittenton's Hospitals Master Plan.

Mr. Kevin Krajewski, Deputy Director of MIS, stated he would like to upgrade the

current Legistar System to a new version that is available from the vendor. He further

stated the City is currently hosting the application on its servers, and requested to now

allow the vendor to host the application of the software. He commented that the City

would save a substantial amount of money over the next three years by having the

vendor host the application of the new Legistar System software, verses the City hosting

it.

Mr. Yalamanchi asked Mr. Krajewski if new licenses would need to be purchased for

additional users of the software.

Mr. Krajewski replied that the licensing the City currently has for the Legistar System

software is sufficient, as the amount of users will remain the same.

Mr. Yalamanchi inquired as to how much staff time would be saved by having the

vendor host the application.

Mr. Paul Davis, City Engineer, stated this project has been in the CIP since 2003 and

will resurface areas along the pathway on South Boulevard that need to be repaired. He

requested that the design services for this item be awarded to Hubbell, Roth, and Clark.

He informed Council that he is proposing to move this project forward as construction

projects are limited for 2007.

President Rosen requested Mr. Davis to discuss Legislative File Items 2007-0454 and

2007-0455 as both of the DPS/Engineering items brought to this meeting for Council's

approval are related.

Mr. Davis requested Hubbell, Roth, and Clark be awarded the design services for the

Avon Road Pathway Project. He reviewed the events of how the pathway sections were

destroyed by contractors that were hired by Detroit Edison (DTE). He informed Council

that he approached DTE and requested that they not only upgrade the pathway to the

City's standards, but also upgrade the pathway to the standards of the Americans With

Disabilities Act (ADA). Due to the expensive nature of the repair, DTE acknowledged

their obligation to repair the pathway, but declined to repair the pathway to both

standards requested by the City. He stated that due to the strict requirements of the

ADA, that this project would become very expensive to complete. He further stated that

the project would require numerous retaining walls, grading permits would be needed to

allow trucks to be on personal property, and re-construct driveways due to slope

requirements. He advised that DTE did not have enough money budgeted for this

project and it is being brought to Council to award the design project to the firm Hubbell,

Roth, and Clark so they could begin designing the plans. He stated the project would be

sent out for bids and constructed yet this year. He advised that the City would continue

discussions with DTE and try to come to an agreement on how the cost would be

shared for the overall cost of the project.

President Rosen inquired if there was an agreement for the actual cost of the

reconstruction of the Avon Pathway Project.

Mr. Davis stated DTE will be measuring the pathway areas that were destroyed by their

contractor, to decipher what they feel they are responsible to repair. He further stated

money had been budgeted for the Pathway Rehabilitation Program and those monies

would be used to resurface existing pathways areas that are in need of repair. He

advised Council that money was budgeted for this program in 2007, and that money has

not been used as of yet for any upgrades or repairs along the Avon Road Pathway.

Mr. Yalamanchi asked for clarification regarding the cost factor for complying with the

ADA requirement issues, and would the cost be increasing $20,000, $30,000, or

$40,000. He feels that since DTE's contractors damaged the pathway, that they should

have to replace it.

Mr. Davis stated the pathway area that DTE's contractor destroyed had 4" of asphalt

over existing ground, with no aggregate. The City is requesting that the area which

needs to be repaired have 4" of aggregate placed down first, and then 4" of asphalt

placed on top. He advised Council that the placement of 4" of aggregate is the cost that

DTE feels for which they should not be responsible.

Mr. Yalamanchi questioned why the costs were excessive for such a small area. He

stated he was in favor of the formation of an Advisory Board to prioritize Pathway

Project requests.

Mr. Ambrozaitis questioned if the costs associated with our pathways would now

increase due to the fact that we must now be compliant with ADA standards.

Mr. Davis stated that previous designs of pathway projects are no longer acceptable

according to ADA standards, as the pathways must now be usable and accessible for

people with any kind of disability.

PUBLIC COMMENT

Ms. Melinda Hill, 1481 Mill Race, stated she was in favor of bringing back the Advisory

Board Committee as the City has quite a challenge to determine what Pathway Projects

should be constructed first and what cost structure would be approved so the ADA

standards could be followed.

Mr. Derek Delacourt, Deputy Director of Planning, explained to Council that this project

began as a Standard Single Family Site Condominium Development and was reviewed

and recommended to Council by the Planning Commission with conditions. He further

explained that the Planning Commission requested the removal of three lots located on

the western portion of the property which abuts South Boulevard, as it would create

more open space in the development. He commented that the Planning Commission

indicated to the applicant that they were disappointed with the design of the project and

would like to see the applicant be "more creative". He stated the applicant returned to

the Planning Commission with a new proposed project as a Planned Unit Development

(PUD).

Mr. Paul Nine, Attorney for Mondrian Properties, 100 W. Long Lake Road, Bloomfield

Hills, stated that the new plan that Mondrian Properties submitted to the Planning

Commission is certainly a more creative development for this property. He stated he

needed assurance that the PUD Ordinance would be allowed to be applied to this

development. He further stated that Mondrian Properties would seek the help of the

PUD Ordinance in the following areas in order to continue in the development of this

property:

1) Reduce the side yard setbacks from 10 ft. to 7.5 ft.

2) Minimize the front and rear yard setbacks.

3) Reduce the road width to 50 ft. on the paved portion, and maintain five foot

easements on each side of the road.

Mr. Joseph Maniaci, Property Owner, Mondrian Properties, stated after discussing this

development in detail with the Planning Commission, each party realized that a PUD on

this property would allow for more open space in the project. He noted that with the new

proposed PUD site plan, numerous trees will now be saved.

Mr. Nine stated that redoing the engineering plans from conception to completion is a

major decision for Mondrian Properties to make, given the state of the economy. He

added that with a PUD, the City would end up with an increase in their tax base, as this

development would attract "empty nesters".

Mr. Ambrozaitis asked what the price difference would be from the original project to

the new proposed PUD.

Mr. Nine replied that the cost of a unit would be decreased $25,000 to $50,000.

Mr. Ambrozaitis stated he wanted the Master Plan to be followed. He asked what the

difference would be between the two proposed projects in regards to the Master Plan.

Mr. Derek Delacourt, Deputy Director of Planning, stated Mondrian Properties has

indicated with the PUD Site Plan, that they are confident they can save double the

amount of trees, and triple the amount of open space from their original project plans.

He explained the criteria that would need to be met before this development could be

classified as a PUD. He stated there are pros and cons in the utilization of either

development, but noted the big advantage to the City would be the control factor they

would have in the PUD Development such as:

1) Elevation control

2) Stormwater control

3) Ability to ask for additional requirements above what the Ordinance requires

He emphasized the PUD should not be used just to avoid the underlying requirements of

the district.

Mr. Yalamanchi questioned what the square foot reduction would be per unit if Council

were to approve a PUD for this project.

Mr. Maniaci replied that subdivision lots would be approximately 3,000 square feet per

house, but if a PUD were approved, and the main focus were on senior citizens and

empty nesters, then the units would be approximately 1,500 square feet for ranch style

condominiums, and 3,000 square feet for colonial condominiums.

Mr. Yalamanchi stated concerns with the size of the units and the width of the street.

He commented that if the size of the units were increased then he would be more

amicable to vote in favor of this project.

Mr. Maniaci stated he was willing to build the site condo, that resembles a regular

subdivision, but would rather have a PUD on his property.

Mr. Nine informed Council that Mondrian Properties was in the process of building

another project in the community. He commented that Mondrian Properties anticipates

having more projects in the City and would like to be compliant with all of the requests of

the Planning Department Staff.

Mr. Hooper stated that Mondrian Properties had complied with all of the Ordinance

requirements and that he was in favor of having their development in the City. He

further stated that due to the denseness of the trees along South Boulevard that this

development will not be seen from the road; only the sign and boulevard at this

development's entrance would be seen from the road.

Mayor Barnett distributed a brief report regarding the False Alarm Ordinance. He

advised Council if they had any questions to contact his office.

President Rosen commented that the False Alarm Ordinance is enforceable and

working.

Ms. Raschke advised that the City has received and processed 551 registrations thus

far.

Mr. Hooper inquired regarding implementation of Ordinance changes the State Liquor

License Law may require for the Redevelopment Districts.

Ms. Jane Leslie, City Clerk, stated that the State is still working out the details for

implementation. She advised she had spoke with Attorney, Kelly Allen, from the firm

Adkison, Need, & Allen, who represents many Liquor License applicants, and she stated

the State is working with a community to determine what documentation needs to be

filed to form a district.