CITY OF ORCHARD LAKE VILLAGE by KC5mgBBc

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									                 MINUTES - CITY OF ORCHARD LAKE VILLAGE
       REGULAR CITY COUNCIL AND ZONING BOARD OF APPEALS MEETINGS
            February 21, 2012, 7:00 p.m. at City Hall - CITY COUNCIL

Mayor McIntyre called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance to the
Flag.

COUNCIL & STAFF PRESENT: Bruce McIntyre, Jackie Beach, Norm Finkelstein, Mark Hoffman,
and Joe Majcher; City Attorney Michael Salhaney, Chief of Police Joe George, Director of City
Services Gerry McCallum, City Clerk Rhonda McClellan. EXCUSED: Ann Hartzell and Jerry
Kosmensky.

GUESTS AND PETITIONERS: David and Lisa Drews, Vince Valvona, Dave Boerger, Latif Z.
"Randy" Oram, James P. Allen Sr., Jeremy Agne, Carolyn Cangany, Lana and Michael Brager.

       MOTION BY BEACH, SECONDED BY FINKELSTEIN, TO EXCUSE MS. HARTZELL'S AND
       MR. KOSMENSKY'S ABSENCES.

       MOTION CARRIED 5-0.

Mayor McIntyre invited petitioners to request postponement if they want a vote by six or more
Zoning Board of Appeals members since Board decisions require four affirmative votes.

JAN 17, 2012 REGULAR COUNCIL MINUTES

       MOVED BY MAJCHER, SECONDED BY HOFFMAN, TO APPROVE THE JANUARY 17, 2012,
       REGULAR MEETING MINUTES WITH THE FOLLOWING CORRECTIONS: NONE.

       MOTION CARRIED 5-0.

DEPARTMENT REPORTS 1 - POLICE, PUBLIC WORKS, BUILDING DEPT., AND EMPLOYEES

Councilmember Beach asked about an item that is for tree plantings along Old Orchard and for
removing Norway Maples and dead ashes along paths at the Nature Sanctuary. Nature
Sanctuary Chair Hoffman explained that Norway Maples form a canopy that kills the
undergrowth.

       MOVED BY MAJCHER, SECONDED BY FINKELSTEIN, TO ACCEPT THE POLICE, PUBLIC
       WORKS, BUILDING, AND STAFFING DEPARTMENTAL REPORTS.

       MOTION CARRIED 5-0.

(Ref. PD monthly 10 pgs, PD annual 10, Bldg 4, Empl 3, PW 3, Bldg 10, Staff 6)
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DEPARTMENT REPORTS 2 - ACCOUNTS PAYABLE, CASH DISBURSEMENTS, FINANCIAL
STATEMENTS

Director of City Services McCallum said one item is for arborist Greg Nelson's continuing
education for certification and another is for engineer in site plan reviews for new home.

       MOVED BY MAJCHER, SECONDED BY FINKELSTEIN, TO APPROVE AND ACCEPT THE
       FINANCIAL REPORTS.

       MOTION CARRIED 5-0.

(Ref. ck register 4 pgs, accts pbl 2, revenue-exp 5, bal sheet 2)

GENERAL PUBLIC AND ELECTED OFFICIALS - GENERAL AND NONAGENDA COMMENT - none

RECESS TO ZONING BOARD OF APPEALS BUSINESS

       MOTION BY MAJCHER, SUPPORTED BY HOFFMAN TO RECESS FOR THE PURPOSE OF
       HEARING CASES AS THE ZONING BOARD OF APPEALS.

       MOTION CARRIED 5-0.

City Council recessed at 7:07 p.m.




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                      MINUTES - CITY OF ORCHARD LAKE VILLAGE
                            ZONING BOARD OF APPEALS
                            February 21, 2012, City Hall


Mayor McIntyre called the Zoning Board of Appeals to order at 7:07 p.m., with no requests to
postpone a hearing for six or more Board members. Present (5): Beach, Finkelstein, Hoffman,
Majcher, and McIntyre. Excused: Hartzell and Kosmensky. Staff: McCallum, McClellan, George.

 HARBOR HILLS BEACH ASSOCIATION APPEAL -- 3350 ERIE DR. - LAKESIDE SETBACK FOR
RETAINING WALL - hearing resumed

The Board adjourned the hearing on January 17, 2012, for an environmental impact statement
on the request for a 35 foot lakeside setback variance for new retaining walls at the water's
edge; plus modification of an existing seawall at the Association's out lot. The application by
Brian Ingham of the Harbor Hills Beach Association Treasurer and Jeremy Agne of ATE Services
Home and Lakefront Construction on behalf of the Association. The proposal to install a boulder
wall beach border states that making a gentler slope will be safer and that replacing steel walls
with natural materials is in the spirit of the ordinance.

Appellant Agne said he made the mistake of telling Association members they did not need to
attend. He thought the ASTI Environmental impact report by Dianne Martin, plus the Michigan
Dept. of Environmental Quality permit for the earlier seawall modifications, would suffice.

Mayor Pro Tem Majcher said the environmental consultant finds no harm, but the remaining
question is the necessity of enlarging the nonconformity by expanding the beach into the
environmentally sensitive area (ESA).

Mayor McIntyre said the Board has an anonymous association member's letter alleging their
board made the decision without a general vote. Councilmember Hoffman said voting the
expenditure is indirect approval but doesn't address the necessity. Councilmember Finkelstein
said the Board should hear from Association members. Councilmember Beach said out of two
hundred notified only two object, but the Board should be sure the association members want
it.

The appellant said the court treated the steel piling installed without a DEQ permit as the
contractor's responsibility and as criminal rather than civil.

       MOTION BY MAJCHER, SUPPORTED BY HOFFMAN, REGARDING HARBOR HILLS BEACH
       ASSOCIATION 3350 ERIE DRIVE APPEAL, TO ADJOURN THE HEARING TO MARCH SO
       THAT A REPRESENTATIVE OF THE ASSOCIATION WITH MEMBERS PRESENT CAN SPEAK
       TO HOW EXPANDING THE BEACH INTO THE ENVIRONMENTALLY SENSITIVE AREA IS
       NEEDED AND HOW THE MEMBERS ARRIVED AT THE DECISION.

Councilmember Hoffman asked how many people use the beach, and the appellant said only a
few because it slopes too steep.

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       MOTION TO ADJOURN THE HEARING TO MARCH CARRIED 5-0.

DREWS/GUSTAFSON APPEAL - 4890 BIRCHWAY, LAKESIDE SETBACK INTERPRETATION OR
LAKESIDE SETBACK VARIANCE FOR CONSTRUCTION OF A NEW HOME

Director of City Services McCallum's memo states the requests are for 1) an interpretation of
the ordinance establishing the allowed lakeside setback for a proposed new home on the basis
of an Established Residential Building Pattern (ERBP) at 62.08 feet from water's edge. If denied,
2) a 12.92 foot variance from the 75 foot minimum lakeside setback standard for Zone 4.

As the Building Official, Director of City Services McCallum finds an ERBP for the property in
both Zone 4 and Zone 1 districts that is 62.08 feet from Lake Front, based on both Zone 4's 75
foot minimum setback and Zone 1's 55 foot setback. If the Board concurs, the new home will
not meet the 75’-0” minimum but meets the intent of the ERBP and further variances would be
needed for an attached deck and/or GLUP (Ground Level Unenclosed Projection). Most of the
property is in Zone 4.

Buyers David & Lisa Drews' appeal on behalf of owner Dr. David Gustafson describes the
improvements shown in the site plan and elevations and states the transitional lot on Orchard
Lake is 1/3 in zoning district 1 and 2/3 in 4, and this prevents normal application of the ERBP.
They state the design will preserve the adjacent property owner's lake view and will preserve
trees and the lakeside topography. The ERBP would be based on the zone 4 neighbor home set
back 72.7’ and the zone 1 neighbor home set back 59’ feet. The new house will be shingle
style, 1-1/2 stories. Farther back, at 75 feet instead of 62.08 feet, it would create an odd
appearance, which would be contrary to the intent of the ERBP requirement.

Opposed, Carolyn Cangany writes from adjacent 4910 that the concern is obstruction of view.

The appellants said that building farther back would also endanger a red oak and a 16 inch
maple and that the 1-1/2 story design and other design features fit in with the landscape. The
construction style gives only a minimal two story effect, with no impedance of the neighbors'
view. They said, and that neighbor Cangany would confirm, that she has no objection.

Mayor McIntyre opened the public portion of the hearing.

Supporting, Carolyn Cangany, 4910 Birchway, said that she has no objection since the
appellants clarified their plan. (Their original letter was vague.)

Mayor McIntyre closed the public portion.

Director of City Services McCallum said no other compliance issues are evident and that this lot
is the only transitional lot in the city that is in two zoning districts.

The appellants said they will comply with any height issue that turns up.

Councilmember Hoffman verified that an ERBP is based on the line between the setback
distances of the adjacent homes, and that both in this case, are within three or four feet of
their required 75 feet and 55 feet. Mayor Pro Tem Majcher said the proposed home is less


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obstructive at 62.08 feet; a few feet farther back, it would actually interfere with the neighbors'
view.

       MOTION BY MAJCHER, SUPPORTED BY BEACH, REGARDING DREWS/GUSTAFSON 4890
       BIRCHWAY APPEAL, TO INTERPRET THE ZONING ORDINANCE 4.36, ESTABLISHED
       RESIDENTIAL BUILDING PATTERN ("ERBP"), AS APPLICABLE TO THE IMPROVEMENTS
       AS CURRENTLY REPRESENTED, GRANTING THE REQUEST AND AFFIRMING THE
       BUILDING OFFICIAL'S FINDINGS THAT 1) AN ERBP EXISTS AND 2) IT ESTABLISHES
       THE MINIMUM WATERFRONT SETBACK AT 62.08 FEET.

Councilmember Hoffman said the ERBP compromise between Zones 4 and 1 makes sense for
this unique property. Mayor McIntyre agreed with the interpretation. Neighbor Cangany said she
understands and accepts the green line between the adjacent houses.

Neighbor Alana Brager, 4876 Willow Lane, asked whether the 62.08 foot setback could apply to
a different house if the Drews' purchase failed. City Attorney Salhaney said the Board's
interpretation of the ordinance is specific to the plans as submitted; any other plans would
come back the Board for reinterpretation on the different facts.

Director of City Services McCallum said the determined ERBP is based on the existing adjacent
houses, not on the adjacent properties' applicable 55 and 75 foot setbacks. Councilmember
Hoffman said he understands; he had thought it was the 55 and 75. Mayor McIntyre said an
adjacent house could come down, that the Board is ruling on this case rather than establishing
a permanent ERBP for the lot.

       MOTION CARRIED 5-0.

(Director of City Services McCallum later advised that the Board needed to interpret how to
apply the procedure to a two-district parcel: the Building Official can only apply it to a single
zoning district property.)

(Ref. DCS/BO McC Feb. 3)

ORAM 3294 WARDS POINTE APPEAL, SIDE YARD SETBACK VARIANCE FOR INSTALLATION OF
A/C CONDENSER UNITS AND STANDBY GENERATOR

Mr. McCallum's memos explain the revised site plan for variance requests to have three air
conditioner condenser units 3-1/2 feet, and a fixed standby generator 4 feet, from the
residence into the west side yard setback. The drawing shows the residence set back the
minimum required 10 feet. The proposal is to relocate two existing rear yard (south, lakeside)
condenser units to the west and to add a third and the generator.

Appellants' application states the problem as the nonconforming small 60 foot wide, 18,110
square foot lot, which is below Zone 2 requirements; as is the lakefront width, it states:




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       "If the site met all the above said minimum lot area requirements, the original builder
       would have had more flexibility in the buildings layout and placement. This would have
       led to an increase of side yard setback and the variance would not be necessary."

The application also cites the need to clear the rear yard (south, lakeside) for an engineered
drainage system; states there is minimal or zero impact on surrounding properties; says there is
room to maneuver around the four units without intruding on the neighboring property or the
neighbors' view; and states there is water hazard to the existing rear-yard units because they
are below grade.

Opposing, the Treuter’s at 3308, write that as the affected neighbor, they would have the AC
units and generator noise and fumes right outside of their living room and master bedroom
windows. This would have an impact on their quality of life. They state too that it would violate
the condition of the appellants' September 19, 2011, variance against any further expansion of
the footprint. Opposing, Arlene Cartwright, 3354, writes that the Treuter’s at 3308 would be
adversely affected.

Attorney James Allen said the engineers suggested locating the low noise, 68 dB units in the
side yard to clear more rear yard drainage space. Before and after renderings show the
proposed placement which is closer to the furnace area for efficiency. The narrowness of the lot
and the drainage problem are unique circumstance of the property from a practical difficulty
standpoint. A 3-1/2 foot variance is a small variance.

Attorney Allen added that the Master Plan anticipates modern homes with central air rather
than window units and has scale and density criteria with which the proposed improvements are
consistent. The proposed hedging and other landscaping will shield the units for the most part
from the neighbor's view.

Attorney Allen said that the two existing rear yard units are a hindrance to the drainage
remediation and that a fixed, natural gas standby generator is quieter than the 16 horsepower
diesel units that the ordinance permits with no restrictions, and has a lesser impact on the
neighbors. Further, moving two condenser units and adding a third and a generator does not
enlarge the building footprint in the traditional sense, and that generator noise would be on rare
occasions.

Mayor McIntyre said the Board approves some unit placements and denies others, but this may
be the first request to relocate existing units from conforming to nonconforming locations. The
appellants have located two units where they need no variance, and the same question applies
to the generator. Where on the property will it be in compliance with the ordinance, regardless
of low or high emissions.

Appellant Randy Oram said a rear yard placement 1) obtrudes into a one-foot peat strip around
the house 2) presents a distasteful appearance in the walkout basement area. Mayor McIntyre
said the Board is looking at regulations rather than esthetics. Attorney Allen reminded the Board
this is part of the drainage remediation plan created more or less at the Board's behest and that


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the earlier site plan was in fact firm with the exception of that drainage plan. Mayor McIntyre
said it is unclear that the drainage plan dictates the location of the four units. Attorney Allen
said removing the concrete pads from the rear yard will increase the absorptive surface area.

Councilmember Hoffman said elevating the existing support pads will remove any drainage
issues and that five-story Florida condos with around the clock air conditioning have rooftop
condensers at a distance from the indoor evaporators, and similarly, a natural gas powered
standby generator can be located anywhere on the property without loss of efficiency and has
maintenance runs several times each month. The appellants have alternatives.

Member Finkelstein agreed that there are alternatives, that drainage problems seem other than
controlling, and that the units can be farther out than 12 inches and can be elevated. Member
Majcher said the home to the west is near and in view.

       MOTION BY MAJCHER, SUPPORTED BY BEACH, REGARDING ORAM 3294 WARDS
       POINTE APPEAL, TO DENY THE REQUESTS, ABSENT A DEMONSTRATED PRACTICAL
       DIFFICULTY.

At 8:04 p.m., Mayor McIntyre opened and closed the public portion of the hearing, hearing no
comments offered.

Appellant Oram requested the floor in order to make a record and to address stated concerns.
He said the units would not affect the west side yard drainage, because they would be higher
up, above underground drainage on that side, the ten inch peat strip, and a swale about one
foot from the property line. The west side yard drain system leads to the lake and to the storm
drain.

Mr. Oram said that the engineered rear yard central pump and drain tile system will require his
moving the two existing units farther out from the house, 4 to 6 feet from the residence and
towards the lake so as not to interfere with the drainage system. All four units should be away
from the rear yard drainage area and out of view of people walking in the west side yard and
the rear yard. The ten foot wide west side yard is the best area. It will be screened by a privacy
fence or a berm and is away from the east yard or natural drainage, away from the engineered
rear yard drainage, and away from human traffic.

Mayor McIntyre said the Board's interest in any fencing is limited to its screening the units.

Mr. Oram said he can withdraw his appeal for the generator and use a portable.

Councilmember Beach said she is sympathetic regarding the units and has seen the site. The
matter before the Board is the location. Board members avoid suggestions, but clearly some
units could be located in what is technically the front yard, that is, towards the roadside,
screened from the lakeside area by the house. There are properties that do that, and there are
others that have the units in the garage. The appellants have these and other alternatives.

Members Hoffman and Majcher agreed. The appellant said it is a matter of accommodating an
existing home to a family's needs and thanked the Board.


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        MOTION TO DENY CARRIED 5-0.

       (Ref. BO McC 2-6 and 2-14)

ZBA MINUTES: JANUARY 17, 2012

       MOVED BY MAJCHER, SECONDED BY HOFFMAN, TO APPROVE THE JANUARY 17, 2012,
       ZBA MINUTES WITH THE FOLLOWING CORRECTIONS: NONE.

       MOTION CARRIED 5-0

Regarding the removal of plastic window decal signs at 4127 Orchard Lake Road that are still in
place after the Board denied an appeal to keep them, Director of City Services McCallum said
the owner has permits for replacements but needs warmer weather. Mayor McIntyre stated the
owner need not cover them.

ADJOURN ZONING BOARD OF APPEALS MEETING

       MOTION BY MAJCHER, SUPPORTED BY HOFFMAN, TO ADJOURN THE ZONING BOARD
       OF APPEALS MEETING AND RESUME THE REGULAR CITY COUNCIL MEETING.

       MOTION CARRIED 5-0.

The Zoning Board of Appeals meeting adjourned at 8:13 p.m.




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                         MINUTES - CITY OF ORCHARD LAKE VILLAGE
                                CITY COUNCIL resumed.
                              February 21, 2012, City Hall

City Council reconvened at 8:13 p.m. Present: Beach, Finkelstein, Hoffman, Majcher, and
McIntyre. Excused: Hartzell and Kosmensky. Staff: McCallum, McClellan, George.

SEAWALL PERMIT – 3350 ERIE DRIVE, HARBOR HILLS BEACH ASSOCIATION

This matter was effectively tabled when the ZBA tabled the parallel matter the Mayor noted.

FINANCIAL PLAN – 2012-13 FY

Council reviewed the Draft Finance Committee Financial Plan and Initial 2012-13 Budget
Assessment dated Feb. 21, 2012, including:

       Financial summary, revenue and expense breakdowns, millage rate and model input
       assumption summary, annual state equalized valuation (sev) and taxable valuation (txv)
       summary, revenue summary, expense summary, long term debt principal and interest
       summary, capital expenditures summary exclusive of road improvements, road capital
       improvements summary, fund balance summary, and municipal benchmark data from
       SEMCOG for Orchard Lake, Bingham Farms, Milford, Northville, Franklin, Grosse Points,
       and Bloomfield Hills.

Highlights noted in the Plan, which Council will use in preparing the 2012-13 budget, include
2010-11 incorporations of audit results and current budget amendments, taxable values and
projected mileages, projected debt payoffs, and revenue-expense figures including operating
and capital costs and tax tribunal contingency and rainy day funds. The General Fund/Rainy Day
balance is increased to 17% of Operating Expenses: Michigan Department of Treasury has
established 13% as the minimum safe level for a community the size of Orchard Lake for
effective handling of cash flow and emergency needs.

City Services Director McCallum's memo names Finance Committee members, including
SEMCOG Consultant and former mayor Boerger and Treasurer Frank Copeland.

The Council reviewed the Plan page by page. Director of City Services McCallum said if Council
accepts the final draft in March, the 2012-13 budget process will proceed towards a draft
budget for April.

Copies of the Financial Plan were handed out and are available for inspection.

WILLOW LANE VACATION DISCUSSION AND POSSIBLE RESOLUTION

City Attorney Salhaney reported that the parties in the authorized sale of a vacated 20' x 40'
portion of Willow Lane are aware that Oakland County has relinquished any County interest in
the property. He will proceed as Council previously directed. The purchaser's documents and a


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title review need to be in hand. The City has a vacating interest in the property that it has
valued and priced, and the purchaser has agreed.

SECOND READING – ZONING ORDINANCE (LOT COVERAGE ATTACHED ACCESSORY BUILDING
AND STRUCTURES)

9:01 PM 2/21/2012 2nd reading accessory

       MOTION BY HOFFMAN, SUPPORTED BY BEACH, THAT THE CITY COUNCIL OF
       ORCHARD LAKE VILLAGE HEREBY APPROVES THE SECOND READING OF AND ADOPTS
       AN ORDINANCE TO AMEND ZONING ORDINANCE ARTICLE IV, SECTION 4.15 E, LOT
       COVERAGE, TO PROVIDE:

               E. LOT COVERAGE. THE TOTAL GROUND FLOOR AREA OF ATTACHED AND
               DETACHED ACCESSORY BUILDINGS AND STRUCTURES, EXCLUDING ATTACHED
               GARAGES, SHALL OCCUPY NO MORE THAN TEN PER CENT (10%) OF THE LOT
               AREA, SUBJECT TO THE FOLLOWING PROVISIONS: 1. DETACHED BUILDINGS
               AND STRUCTURES. THE TOTAL GROUND AREA COVERAGE OF ALL DETACHED
               ACCESSORY BUILDINGS AND STRUCTURES SHALL NOT EXCEED SEVENTY-FIVE
               PER CENT (75%) OF THE GROUND FLOOR AREA OF THE PRINCIPAL BUILDING.
               2. ATTACHED GARAGES. THE TOTAL GROUND FLOOR AREA OF ALL ATTACHED
               GARAGES ON A PARCEL SHALL NOT EXCEED FIFTY PER CENT (50%) OF THE
               GROUND FLOOR AREA OF THE PRINCIPAL BUILDING. NOTWITHSTANDING
               THIS PROVISION, EACH HOUSE SHALL BE PERMITTED AT LEAST A 3-CAR
               GARAGE.

       SEMCOG Consultant Dave Borger asked about types of accessory structures not listed in
       the ordinance. Director of City Services McCallum said that this amendment addresses
       only the size of attached garages, and that an unspecified type of accessory use
       structure would go to the Zoning Board of Appeals or to the Planning Commission.

               MOTION CARRIED 5-0.

WOODLANDS TREE PRESERVATION ORDINANCE #12.07.00 – DISCUSSION

The City Council referred to Director of City Services McCallum's memo, to ASTI Environmental
consultant letter by Dianne Martin, and to draft language amending the ordinance offered by
the ad hoc committee of Councilmember Beach, Councilmember Finkelstein, and
Councilmember Majcher, which Director of City Services McCallum describes as to:

       Remove "landmark tree" and include large trees among other Protected Trees;
       Change the Protected Tree dbh, Diameter at Breast Height, from 3 inches to 9 inches;
       No replacement required for removal of Dead, Diseased or Severely Damaged Trees;
       No automatic replacement requirement under a "re-landscaping proposal."




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From Ms. Martin's analysis, the committee recommends review of the Natural Features and
Vegetation portion, if Council wishes; see next agenda item;

Councilmember Hoffman asked about the 9 inch dbh recommendation, and Mayor McIntyre
asked about the "re-landscaping proposal" recommendation; the former removes smaller trees
from Protected Trees to replace, and the latter eliminates the requirement that if you redo a
typical half acre lot you have to replace a 20 inch tree with ten 2 inch trees or equivalent.
Councilmember Finkelstein said individual property owners should be able to landscape and that
the changed language creates no new danger of wide clear cutting. Mayor Pro Tem Majcher
said larger developments go through the Planning Commission process. Councilmember Beach
said only the tree language is modified.

The markup changes are:

       Add "may" in "re-landscaping" definition, strike "Landmark tree" definition and remove
       from 12.07.07 (C), in "protected tree" definition change to "nine inches (9")", strike
       landmark tree in 12.07.08 note, add "nine" in 12.07.08 (A) 1 Subdivision Plats, strike
       12.07.09 (B) regarding inch for inch replacement, strike 12.07.14 (B) replacement
       requirement, add "dead and diseased" to 12.07.14 (A) plus a reference to 12.07.05 (A)
       and add "To the extent practicable" in 12.07.14 (C).

Mr. Boerger said he would like to see something in the ordinance about timely removal if a tree
endangers life or limb or a neighbor's property. West Bloomfield has such a requirement. Mayor
McIntyre said only if it is a fall area hazard, otherwise some property owners would have to
remove entire forests of dead trees. Director of City Services McCallum said the committee
decided against addressing that issue at this time.

Mayor McIntyre said by general consent, Council requests staff to prepare a first reading.

(Ref. DCS McC 2-21, ASTI Env 1-19, ordinance draft)

NATURAL FEATURES AND VEGETATION ORDINANCE #12.07.00 - DISCUSSION

Environmental consultant Martin's January 19 analysis in detail, recommends strengthening the
Natural Features and Vegetation portion of the Woodlands ordinance for proposals involving
modification of Environmentally Sensitive Areas (ESAs). The requirements should include
objective, quantifiable review criteria for proposals that impact ESAs. Director of City Services
McCallum notes the ad hoc committee needs Council approval to discuss that aspect. Mayor
McIntyre took the sense of Council to instruct the ad hoc committee, Councilmember Beach,
Councilmember Majcher, and Councilmember Finkelstein, to proceed and to meet with Ms.
Martin.

(Ref. DCS McC 2-21, ASTI Env 1-19)

MARINE PATROL AGREEMENT

By unanimous consent, this matter was deferred to March.

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APPOINT BOARD OF REVIEW MEMBER

City Clerk McClellan reports that Assessor Marshall recommends appointing Patty Backus to
another three-years' service on the three person Board of Review, which meets in March, July
and December to consider property tax assessment appeals. Ms. Backus is willing to serve.

       MOTION BY MAJCHER, SUPPORTED BY HOFFMAN, TO REAPPOINT PATTY BACKUS TO A
       THREE YEAR BOARD OF REVIEW TERM.

       MOTION CARRIED 5-0.

(Ref. Clerk McClellan 1-18)

APPROVAL OF DOCUMENT REPRODUCTION FEES

Director of City Services McCallum encloses a revised fee schedule draft including $1.00 for the
first 8 1/2" x 11" sheet and 25¢ cents each additional, based on materials and machine rental
at 15¢ cents, not counting overhead and labor. The schedule adds CD/Flash drive rates
(purchaser provides media) for construction drawing pages 18" x 24", 24" x 36", and 36" x 48"
in size; the paper page rate is $8, $10, and $12, and the compact disk or flash memory page
rate is $10, $14, and $18.

Councilmember Finkelstein said other communities charge less for electronic copies than for
paper copies: for example, ten dollars for an entire document and provide your own flash drive.
Mr. Valvona commented, and City Attorney Salhaney said Act 442 of 1976 (MCL 15234) allows
charges to cover staff time and travel time. Director of City Services McCallum said actual costs
for large format documents do include staff time and vehicle time needed when they take
originals to a copying center like FedEx for scanning. The costs would be higher, except that
staff tries to combine copying projects in a single trip. Councilmember Finkelstein suggested the
goal of acquiring scanning equipment. Councilmember Hoffman said the technology evolves
rapidly.

       MOTION BY HOFFMAN, SUPPORTED BY MAJCHER TO AUTHORIZE THE PROPOSED
       SCHEDULE OF DOCUMENT REPRODUCTION FEES, INCLUDING BUT NOT LIMITED TO:
       STANDARD PAGES FIRST $1.00, ADDITIONAL $0.25; AUDIO TAPES $25, CDS AND
       DVDS $5, VIDEOTAPES $35; LABOR COSTS AS CALCULATED; ENVELOPES BUSINESS
       $.07, 6 x 9 INCH $.28, 9 x 12 INCH $.35, 10 x 13 INCH $.48; LABELS $.04; POSTAGE
       ACTUAL; PLANS 18" x 24", 24" x 36" and 36" x 48", REQUESTOR PROVIDED CD OR
       FLASH MEMORY $10, $14, $18, PAPER $8, $10, $12; ACCIDENT REPORT $11, POLICE
       REPORT $4 FIRST PAGE, $1 EACH ADDITIONAL.

       MOTION CARRIED 5-0.

(Ref. DCS McCallum 2-01)




CITY OF ORCHARD LAKE VILLAGE           3955 Orchard Lake Road, 48323      248-682-2400
February 21, 2012 Regular Council and Zoning Board of Appeals Meeting Minutes              13

                                   cityoforchardlake.com

CONTRACT FOR PARTICIPATION IN THE HOUSEHOLD HAZARDOUS WASTE EVENT

Clerk McClellan's cover note encloses the agreement for participation in West Bloomfield's 2012
Spring and Fall Household Hazardous Waste Events scheduled 9:00 a.m. to 2:00 p.m. at the
Civic Center on Saturdays, April 28 and September 29, at a cost of $250.00 administration fee,
up from $100 and $50.00 per car if actual costs do not exceed $50.

Council Member Beach asked whether Waste Management offers an alternative or why can’t we
do it here at City Hall. Director of City Services McCallum said he can ask for an estimate from
Waste Management but anticipates the cost to be too high. Councilmember Hoffman said from
his personal experience, depot collaboration seems to be cost effective compared with street
side pickup.

       MOTION BY HOFFMAN, SECONDED BY MAJCHER, TO AUTHORIZE THE CONTRACT FOR
       WEST BLOOMFIELD TOWNSHIP’S 2012 HOUSEHOLD HAZARDOUS COLLECTION DAYS.

       MOTION CARRIED 5-0.

(Ref. Clk McCl, 01-31)

TRI-PARTY FUNDING PROJECT

The Transportation Committee report to full Council by Hartzell, Majcher, and Finkelstein, and
Director of City Services McCallum's cover memo, indicate the City's one third of the Tri-Party
reserve at about $31,093 in the Road Commission for Oakland County (RCOC) 2012 Tri-Party
Program. The committee recommends repaving a portion of Pontiac Trail at approximately
$99,000. Although RCOC will want to execute the agreement prior to the start of the fiscal year,
the recommendation is to budget a capital improvement expense for Fiscal 2012-13.

The committee takes note of program conditions and constraints and finds that the alternative
project, re-sequencing the Fast Track traffic light systems at Pontiac Trail and Old Orchard Trail,
at Pontiac Trail and Orchard Lake Road, and at Orchard Lake Road and Long Lake Road, at a
cost of $240,000 plus, would exceed the allowed project cost.

The committee cites RCOC's opinion that doing the repaving now will prevent much costlier
work after only a few years delay and notes that RCOC will contribute design and construction
services and project administration.

Mayor McIntyre said this is probably the best use of the funds. He wondered why the worst part
of the roadway appears to be the newest. Councilmember Hoffman said project costs may or
may not come in under estimate. Director of City Services McCallum said Council could include a
not-more-than condition; RCOC might accept it, and if they reject it, Council can make a
counter-offer.

       MOTION BY HOFFMAN, SUPPORTED BY MAJCHER TO ACCEPT THE TRANSPORTATION
       COMMITTEE RECOMMENDATION AND THE DIRECTOR OF CITY SERVICES

CITY OF ORCHARD LAKE VILLAGE            3955 Orchard Lake Road, 48323       248-682-2400
February 21, 2012 Regular Council and Zoning Board of Appeals Meeting Minutes               14

                                   cityoforchardlake.com

       RECOMMENDATION TO PARTICIPATE IN THE ROAD COMMISSION FOR OAKLAND
       COUNTY 2012 TRI-PARTY PROGRAM FOR ROAD IMPROVEMENTS IN THE AMOUNT OF
       UP TO THE GREATER OF ONE THIRD OF CITY'S TOTAL RESERVE OR $ 31,093, FOR THE
       REPAVING OF PONTIAC TRAIL BETWEEN ORCHARD LAKE ROAD AND OLD ORCHARD
       TRAIL AND AUTHORIZE NECESSARY STAFF ACTIONS.

       MOTION CARRIED 5-0.

(Ref. DCS McC 02-14, Transp Comm to Full Council, Oakld Cty & RCOC documents, 1980-2012
history spreadsheet)

LEGAL REPORT

City Attorney Salhaney said he has nothing further at this time.

COUNCIL REPORTS

Councilmember Finkelstein reported signs of public confusion about smart electric meters in a
neighboring jurisdiction. The Michigan Public Utilities Commission is holding hearings.

Mayor Pro Tem Majcher asked whether Birchway is the only city unpaved roadway; others were
named. Mayor McIntyre said residents’ needs to agree to a special paving assessment.

Mayor Pro Tem Majcher asked whether a letter by the Mayor could help draw the RCOC's
attention to the Erosion issue at north side of Orchard Lake near Commerce Road, which has
the potential to create a serious traffic disruption. Director of City Services McCallum said he
has documented the problem in letters. The stabilization has to start on private property at the
lake shore and involves under-roadway utility and sanitary sewer structures. Mayor McIntyre
asked whether the RCOC is taking any steps at all in response to the letters on file that indicate
the City's concern. Councilmember Beach and Mayor Pro Tem Majcher said when they brought
this up as a Tri-Party project, the Commission representative said that it is ineligible because it
is maintenance. The City has been proactive in this matter. Mayor McIntyre said Council could,
by resolution, put the Road Commission on notice.

       MOTION BY FINKELSTEIN, SUPPORTED BY HOFFMAN, RESOLVED: THAT THE CITY
       COUNCIL OF ORCHARD LAKE VILLAGE RESPECTFULLY REQUESTS THE ROAD
       COMMISSION FOR OAKLAND COUNTY TO PROVIDE INFORMATION, ADVICE, AND
       ASSISTANCE REGARDING THE EROSION ISSUE AT NORTH SIDE OF ORCHARD LAKE
       ROAD NEAR COMMERCE ROAD AS DESCRIBED HEREINBELOW AND IN PREVIOUS
       CORRESPONDENCE:

               ______________________________________________________

               ______________________________________________________

       MOTION CARRIED 5-0.


CITY OF ORCHARD LAKE VILLAGE            3955 Orchard Lake Road, 48323       248-682-2400
February 21, 2012 Regular Council and Zoning Board of Appeals Meeting Minutes           15

                                    cityoforchardlake.com

ADJOURN

          THERE BEING NO FURTHER BUSINESS, COUNCILMEMBER HOFFMAN MOVED TO
          ADJOURN THE REGULAR MEETING, SECONDED BY COUNCILMEMBER MAJCHER.

          MOTION CARRIED 5-0.

Adjourned at 9:26 p.m.

                Bruce H. McIntyre                                  Rhonda McClellan
                Mayor                                              City Clerk

2/27 sf




CITY OF ORCHARD LAKE VILLAGE            3955 Orchard Lake Road, 48323    248-682-2400

								
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