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City Council Minutes; September 13, 1993

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City Council Minutes; September 13, 1993 COUNCIL 9--13--93 — 750 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF GROSSE POINTE WOODS HELD ON MONDAY EVENING, SEPTEMBER 13, 1993, IN THE COUNCIL COURT—ROOM OF THE MUNICIPAL BUILDING, 20025 MACK PLAZA, GROSSE POINTE WOODS, MICHIGAN The meeting was called to order at 7:48 p.m. o'clock by Mayor Novitke. The following answered Roll Call: Mayor Novitke Council members Alogdelis, Fahrner, Gilezan, Rice, Wilson Absent: Council member Steiner Also Present: Acting City Administrator Patterson City Attorney Catlin City Clerk Warnke Deputy City Clerk Seder Motion by Gilezan, supported by Wilson, that Council Member Steiner BE EXCUSED from attendance at tonight's meeting. Motion CARRIED by the following vote: YES: Alogdelis, Fahrner, Gilezan, Novitke, Rice, Wilson NO: None ABSENT: Steiner Motion by Rice, supported by Gilezan, that all items on tonight's agenda be received, placed on file, taken in order of appearance, and made a part of the minutes by attachment hereto and identified as Exhibit A. Motion CARRIED by the following vote: YES: Alogdelis, Fahrner, Gilezan, Novitke, Rice, Wilson NO: None ABSENT: Steiner Mayor Novitke presented the following resolution to Ted Bidigare in honor of his years of service to the Grosse Pointe Woods City Council: RESOLUTION • WHEREAS, TED L. BIDIGARE was first elected to the position of Councilman.of the City of Grosse Pointe Woods, Michigan, in November, 1983; and 11 COUNCIL 9-13-93 -- 751 WHEREAS, TED L. BIDIGARE did serve'the residents of the City as Council representative to the Beautification Commission,- Council representative to the Board of Pension Trustees, Council representative to the Insurance Commission, Chair of the Council Assessment Committee, Chair of the Council Beautification Commission, Chair of the Council Community Center Sub-committee, and as a member of the Council Finance Committee, a member of the Council Judicial Liaison Committee, and a member of the Council Committee on Parks and Recreation, and • WHEREAS, TED L. ` BIDIGARE has' submitted his resignation as Councilman and the City Council has accepted such resignation with regret; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Grosse Pointe Woods, Michigan, does hereby express its thanks and • gratitude on behalf of the citizens of the City of Grosse Pointe Woods to TED L: BIDIGARE for his long, faithful and , dedicated service to the City of Grosse Pointe _ Woods, Michigan, and further does extend to TED L:.BIDIGARE its best wishes in his future endeavors. ,= - The Mayor directed that the Assessment Committee be disbanded. Motion by Fahrner, supported by Wilson, that the City Council voice NO OBJECTION to the following Mayoral appointment: COMMUNITY DEVELOPMENT BLOCK GRANT CITIZENS' ADVISORY COMMISSION George Koueiter 895 Avon Court for term to expire January 1, 1995. Motion CARRIED by the following vote: YES: Alogdelis, Fahrner, Gilezan, Novitke, Rice, Wilson NO: None ABSENT: Steiner THE MEETING WAS THEREUPON OPENED AT 8:00 P.M. FOR A BOARD OF APPEAL HEARING TO HEAR THE APPEAL OF TERRY MILLER, 1476 YORKTOWN, WHO IS APPEALING THE DENIAL OF THE BUILDING INSPECTOR TO ISSUE A PERMIT FOR CONSTRUCTION OF AN INGROUND SWIMMING POOL AT 1476 YORKTOWN, GROSSE POINTE WOODS. THE PERMIT WAS DENIED SINCE SUCH CONSTRUCTION WOULD EXCEED THE 35% MAXIMUM ALLOWABLE LOT COVERAGE IN RESIDENTIAL DISTRICTS AS SET FORTH IN SECTION 5-4-3(F) OF THE 1975 CITY CODE. A VARIANCE IS THEREFORE REQUIRED. Motion by Rice, supported by Gilezan, that for purposes of the Board of Appeal hearing the following items be received and placed on file: 2 COUNCIL 9--l3-93 - 752 1. Letter dated August 2, 1993 - Terry Miller, 1476 Yorktown; 2. Site Plan dated August 2, 1993; 3. Mortgage Report dated November 20, 1991; 4. Memo dated August 25, 1993 -- Code Official Mellen; 5. Hearing Fee Receipt No. 02910; 6. Affidavit of Legal Publication; 7. Affidavit of List of Property Owners Notified; And that the following be made a part of the minutes by attachment hereto and identified as Exhibits B and C: Exhibit B - Affidavit of Legal Publication; Exhibit C - Affidavit of List of Property Owners Notified. Motion CARRIED by the following vote: YES: Alogdelis, Fahrner, Gilezan, Novitke, Rice, Wilson NO: None ABSENT: Steiner Code Official Mellen reported regarding the proposed request. The Chair asked if anyone from the audience wished to speak in favor of the proposed request. The following individual was heard: TERRY MILLER 1476 Yorktown No one else wished to be heard in favor of the requested variance. The Chair asked if anyone from the audience wished to speak in opposition to the proposed request. No one wished to be heard. Motion by Wilson, supported by Fahrner, that the public hearing BE CLOSED at 8:05 p.m. PASSED UNANIMOUSLY. Motion by Gilezan, supported by Wilson, regarding Board of Appeal #15-93 regarding Request for Variance in Maximum Allowable Lot Coverage in Residential Districts - Terry Miller, 1476 Yorktown, that the City Council concur with the recommendation of the Acting City Administrator and Code Official and APPROVE the requested variance as indicated in the Site Plan dated August 2, 1993. Motion CARRIED by the following vote: YES: Alogdelis, Fahrner, Gilezan, Novitke, Rice, Wilson NO: None ABSENT: Steiner 3 COUNCIL 9-13-93 - 753 THE MEETING WAS THEREUPON OPENED AT 8:09 P.M. FOR A BOARD OF APPEAL HEARING TO HEAR THE APPEAL OF ANTHONY CIMINI, 1428 SOUTH RENAUD, WHO IS APPEALING THE DENIAL OF THE BUILDING INSPECTOR TO ISSUE A BUILDING PERMIT FOR CONSTRUCTION OF AN ADDITION TO THE RESIDENCE AT 1428 SOUTH RENAUD, GROSSE POINTE WOODS. THE BUILDING PERMIT WAS DENIED DUE TO A DEFICIENCY IN THE REQUIRED SIDE YARD SETBACK AS SET FORTH IN SECTION 5-4-3(F) OF THE 1975 CITY CODE. A VARIANCE IS THEREFORE REQUIRED. Motion by Rice, supported by Gilezan, that for purposes of the Board of Appeal hearing the following items be received and placed on file: 1. Letter dated August 18, 1993 - Anthony Cimini, 1428 South Renaud; 2. Site Plan dated August 18, 1993; 3. Memo dated August 25, 1993 - Code Official Mellen; 4. Hearing Fee Receipt No. 02911; 5. Affidavit of Legal Publication; 6. Affidavit of List of Property Owners Notified; And that the following be made a part of the minutes by attachment hereto and identified as Exhibits D and E: Exhibit D - Affidavit of Legal Publication; Exhibit E - Affidavit of List of Property Owners Notified. Motion CARRIED by the following vote: YES: Alogdelis, Fahrner, Gilezan, Novitke, Rice, Wilson NO: None ABSENT: Steiner Code Official Mellen reported regarding the proposed request. The Chair asked if anyone from the audience wished to speak in favor of the proposed request. The following individual was heard: ANTHONY CIMINI 1428 S. Renaud No one else wished to be heard in favor of the requested variance. The Chair asked if anyone from the audience wished to speak in opposition to the proposed request. No one wished to be heard. Motion by Rice, supported by Gilezan, that the public hearing BE CLOSED at 8:30 p.m. PASSED UNANIMOUSLY. 4 COUNCIL 9-13-93 - 754 Motion by Gilezan, supported by Rice, regarding Board of Appeal #16-93 regarding Request for Variance in Required Side Yard Setback - Anthony Cimini, 1428 South Renaud, that the City Council concur with the recommendation of the Acting City Administrator and Code Official and APPROVE the requested variance as indicated in the Site Plan dated August 18, 1993, with the stipulation that there be adequate plans to control drainage and run off, and that such be controlled by the Building Department. Motion CARRIED by the following vote: YES: Alogdelis, Fahrner, Gilezan, Novitke, Rice, Wilson NO: None ABSENT: Steiner The following individual was heard regarding Request to Amend Permit Uses, Commercial Business District - Ken Welch, Pointe Fitness & Training Center: KEN WELCH Pointe Fitness & Training Motion by Gilezan, supported by Rice, regarding request to amend "Uses Permitted" under Section 5-8-2 Commercial Business District since the proposed fitness facility is not allowed under same as proposed by Ken Welch, Pointe Fitness & Training Center, that the City Council REFER the following to the Planning Commission for a public hearing and recommendation back to the City Council: 1. Request to Amend Permit Uses, Commercial Business District - Ken Welch, Pointe Fitness & Training Center; a. Letter dated August 11, 1993 - Ken Welch; b. Memo dated August 25, 1993 - Code Official Mellen. Motion CARRIED by the following vote: YES: Alogdelis, Fahrner, Gilezan, Novitke, Rice, Wilson NO: None ABSENT: Steiner The Chair directed Code Official Mellen to prepare a memo stating the number of off-street parking spaces that would be required for a fitness center. Motion by Gilezan, supported by Wilson, regarding Request to Use City Hall Parking Lot - Royal Transportation Company, that the City Council APPROVE such request with the stipulation that it be allowed from September 24, 1993 to May 27, 1994, on Friday's from 0M COUNCIL 9-13-93 - 755 9:00 a.m. to 2:00 p.m., that the City have the prerogative of designating the parking area, and that adequate insurance be provided. Motion CARRIED by the following vote: YES: Alogdelis, Fahrner, Gilezan, Novitke, Rice, Wilson NO: None ABSENT: Steiner Motion by Rice, supported by Gilezan, regarding Request for 1993 Vendor License - Anthony Conteras, C.K. Corporation, that the City Council DENY such request for 1993 Vendor License. SUBSTITUTE motion by Gilezan, supported by Wilson, regarding Request for 1993 Vendor License - Anthony Conteras, C.K. Corporation, and Abdul Mukadam, Pars Ice Cream Company, that the City Council TABLE the following for review and recommendation by the Public Safety Department as to possible safety concerns: 1. Request for 1993 Vendor License - Anthony Conteras, C.K.
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