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. Corporation: a. Memo dated August 24, 1993 - City Clerk Warnke; b. Memo dated May 24, 1992 -- Director of Public Safety Patterson; C. Application dated May 21, 1993;

2. Request for 1993 Vendor License - Abdul Mukadam, Pars Ice Cream Company: a. Memo dated August 24, 1993 - City Clerk Warnke; b. Memo dated August 16, 1993 -- PSO Albrecht; c. Application dated August 9, 1993; And that the Acting City Administrator direct the Department of Public Safety to examine in detail the following concerns: driving records of vendor applicants, number of licensed vendors on city streets over past years, affect of additional vendors on residential streets with regard to traffic safety, and report back to the City Council. Motion CARRIED by the following vote: YES: Alogdelis, Fahrner, Gilezan, Novitke, Rice, Wilson NO: None ABSENT: Steiner

Motion by Gilezan, supported by Rice, regarding the 1993-94 Tax Levies regarding Wayne County Regional Educational Service Agency, that the City Council ADOPT the following resolution, and that such Resolution be transcribed into the minutes and that the same be certified to the Bureau of Taxation, City Assessor, and the Clerk of Wayne County, as required by law: 6 COUNCIL 9--13-93 - 756

OPERATIONAL MILL

RESOLVED, by the Board of the WAYNE COUNTY REGIONAL EDUCATIONAL SERVICE AGENCY, that there be levied .0984mill for Operational Purposes, and 1.8987 mills for Special Educational Purposes for a total 1.9971 mills on the State Equalized Value of taxable property amounting to $28,166,333,001 for the year 1993, said valuation is composed of the following Townships, Cities and fractions thereof as follows:

STATE AMOUNT OPERATIONAL EQUALIZED OF TOWNSHIPS MILL VALUE TAX

Brownstown .0984 287,725,490 28,312.19 Canton .0984 1,107,857,327 109,013.16 Grosse Ile .0984 337,149,000 33,175.46 Grosse Pointe .0984 217,858,210 21,437.25 Huron .0984 176,314,380 17,349.33 Northville .0984 514,199,390 50,597.22 Plymouth .0984 839,722,480 82,628.69 Redford (Fractional) .0984 837,466,960 82406.75 Sumpter (Fractional) .0984 74,033,660 7,284.91 Van Buren (Fractional) .0984 361,422,260 35„563.95

TOTAL TOWNSHIPS 4,753,749,157 467,.768.92

STATE AMOUNT OPERATIONAL, EQUALIZED OF CITIES MILL VALUE TAX

Allen Park .0984 623,082,310 61,311.30 Belleville .0984 40,530,670 3„988.22 Dearborn .0984 3,166,350,138 311,.568.85 Dearborn Heights .0984 945,460,850 93,033.35 Detroit .0984 5,815,411,585 572,236.50 Ecorse .0984 162,607,420 16,000.57 Flat Rock .0984 172,367,210 16,960.93 Garden City .0984 414,307,870 40,767.89 Gibraltar .0984 83,743,170 8,240.33 Grosse Pointe .0984 249,773,910 24,577.75 Grosse Pointe Farms .0984 - 511,677,200 50,349.04 Grosse Pointe Park .0984 369,450,814 36,353.96 Grosse Pointe Woods .0984 543,983,280 53,527.95 Hamtramck .0984 121,870,400 11,992.05 Harper Woods .0984 293,855,550 28,915.39 Highland Park .0984 182,051,920 17,913.91 Inkster .0984 213,150,090 20,973.97 Lincoln Park .0984 474,625,970 46,703.20 Livonia (Fractional) .0984 2,828,306,940 278,305.40 Melvindale .0984 136,864,090 13,467.43 Northville .0984 95,162,700 9,364.01 Plymouth .0984 256,281,740 25,218.12 River Rouge .0984 258,759,950 25,461.98 Riverview .0984 250,014,330 24,601.41 Rockwood .0984 45,104,450 4,438.28 Romulus .0984 521,293,800 51,295.31 Southgate .0984 473,388,570 46,581.44 Taylor .0984 893,560,850 87,926.39 Trenton .0984 566,123,050 55,706.51 Wayne .0984 308,687,390 30,374.84 Westland .0984 1,172,392,930 115,363.46 Woodhaven .0984 298,120,200 29,335.03 Wyandotte .0984 413,925,350 40,730.25

TOTAL CITIES 22,902,286,697 2,253,585.01

TOTAL TOWNSHIPS S CITIES 27,656,035,854 2,721,353.93 WAYNE COUNTY

7 COUNCIL 9-13-93 - 757

STATE AMOUNT OPERATIONAL EQUALIZED OF MILL VALUE TAX

MONROE COUNTY

ASH TOWNSHIP 179.66 Huron School Dist. .0984 1825800 ASH TOWNSHIP 1510926 148.68 Flat Rock Schools .0984 BERLIN TOWNSHIP 518.96 Flat Rock Schools .0984 5273941 TOTS, 861 6667 847.29

OAKLAND COUNTY

CITY OF NORTHVILLE 10,293.17 Northville Schools .0984 104,605,400 LYON TOWNSHIP 500.33. Northville Schools .0984 5,084,650 NOVI TOWNSHIP 49546. Northville schools .0984 5,035,150 CITY OF 34OVI 15,892.65 Northville schools .0984 161,510,650 27,181.61 TOTAL 276,235,850

WASHTENAW COUNTY

SALEM TOWNSHIP .0984 11,008,500 1,063.24 Northville Schools 4,777.80 Plymouth-Canton Sch .0984 48,554,900 SUPERIOR TOWNSHIP 1,386.88 Plymouth Sch. .0984 14,094,350 YPSILANTI TOWNSHIP 14,936.42 Van Buren Schools .0984 151,792,880 22,184.34 TOTAL 225,450,630 50,213.24 TOTAL: MONROE, OAKLAND & WASHTENAW 510,297,147 COUNTIES „GAD 28,166,333,001 2,771,567.17 TOTAL

Counties *Sawn of Wayne County & portions of Monroe, Oakland & Washtenaw

L SPECIA , F:nnCATION MILL

RESOLVED, by the Board of the WAYNE COUNTY REGIONAL EDUCATIONAL SERVICE AGENCY, that there be levied .0984 mill for operational Purposes, and 1.8987 mills for Special Educational Purposes for a total 1.9971 mills on the State Equalized Value of taxable property amounting to $28,166,333,001 for the year 1993, said valuation is composed of the following Townships, Cities and fractions thereof as follows:

SPECIAL STATE AMOUNT EDUCATION EQUALIZED OF TOWNSHIPS MILL VALUE TAX

Brownstown 1.8987 287,725,490 546,304.39 Canton 1.8987 1,107,857,327 2,103,488.71 Grosse Ile 1.8987 337,149,000 640,144.81 Grosse Pointe 1.8987 217,858,210 413,647.38 Huron 1.8987 176,314,380 334,768.11

8 COUNCIL 9-13-93 - 758

976,310.38 Northville 1.8987 514,199,390 1.8987 839,722,480 1,594,381.07 Plymouth 1,590,098.52 Redford (Fractional) 1.8987 837,466,960 1.8987 74,033,660 140,567.71 Sumpter (Fractional) 686,232.45 Van Buren (Fractional) 1.8987 361,422,260

9,025,943.53 TOTAL TOWNSHIPS 4,753,749,157

SPECIAL STATE AMOUNT EDUCATION EQUALIZED OF TAX CITIES MILL VALUE

1.8987 623,082,310 1,183,046.38 Allen Park 76,955.58 Belleville 1.8987 40,530,670 Dearborn 1.8987 3,166,350,138 6,011,949.01 Dearborn Heights 1.8987 945,460,850 1,795,146.52 1.8987 5,815,411,585 11,041,721.98 Detroit 308,742.71 Ecorse 1.8987 162,607,420 1.8987 172,367,210 327,273.62 Flat Rock 786,646.35 Garden City 1.8987 414,307,870 1.8987 83,743,170 159,003.16 Gibraltar 474,245.72 Grosse Pointe 1.8987 249,773,910 Grosse Pointe Farina 1.8987 511,677,200 971,521.50 701,476.26 Grosse Pointe Park 1.8987 369,450,814 Woods 1.8987 543,983,280 1,032,861.05 Grosse Pointe 231,395.33 Hamtramck 1.8987 121,870,400 1.8987 293,855,550 557,943.53 Harper Woods 345,661.98 Highland Park 1.8987 182,051,920 1.8987 213,150,090 404,708.08 Inkster 901,172.33 Lincoln Park 1.8987 474,625,970 Livonia (Fractional) 1.8987 2,828,306,940 5,370,106.39 Melvindale 1.8987 136,864,090 259,863.85 1.8987 95,162,700 180,685.42 Northville 486,602.14 Plymouth 1.8987 256,281,740 1.8987 258,759,950 491,307.52 River Rouge 474,702.21 Riverview 1.8987 250,014,330 1.8987 45,104,450 85,639.82 Rockwood 989,780.54 Romulus 1.8987 521,293,800 Southgate 1.8987 473,388,570 898,822.88 Taylor 1.8987 893,560,850 1,696,603.99 1.8987 566,123,050 1,074,897.84 Trenton 586,104.75 Wayne 1.8987 308,687,390 Westland 1.8987 1,172,392,930 2,226,022.46 1.8987 298,120,200 566,040.82 Woodhaven 785,920.06 Wyandotte 1.8987 413,925,350

TOTAL CITIES 22,902,286,697 43,484,571.78

TOTAL TOWNSHIPS & CITIES 27,656,035,854 52,510,515.31 WAYNE COUNTY

AMOUNT SPECIAL STATE EDUCATION EQUALIZED OF MILL VALUE TAX

MONROE COUNTY

ASH TOWNSHIP 3,466.65 Huron School Dist. 1.8987 1,825,800 ASH TOWNSHIP 2,869.80 Flat Rock Schools 1.8987 1,510,926 BERLIN TOWNSHIP 10,013.63 Flat Rock Schools 1.8987 5,273,941 16,349.08 TOTAL 8,610,667 9 COUNCIL 9-13-93 - 759

OAKLAND COUNTY

CITY OF NORTHVILLE Northville Schools 1.8987 104,605,400 198,614.27 LYON TOWNSHIP 9,654.22 Northville Schools 1.8987 5,084,650 NOVI TOWNSHIP 9,560.24 Northville Schools 1.8987 5,035,150 CITY OF NOVI 306,660.27 Northville Schools 1.8987 161,510,650 524,489.00 TOTAL 276,235,850

WASHTENAW COUNTY

SALEM TOWNSHIP Northville Schools 1.8987 11,008,500 20,901.64 92,191.19 Plymouth- Canton Sch 1.8987 48,554,900 SUPERIOR TOWNSHIP 26,760.94 Plymouth Sch. 1.8987 14,094,350 YPSILANTI TOWNSHIP 288,209.14 Van Buren Schools 1.8987 151,792,880 428,063.11 TOTAL 225,450,630 968,901.19 TOTAL: MONROE, OAKLAND & WASHTENAW 510,297,147 COUNTIES

*GRAND TOTAL 28,166,333,001 53,479,416.50

Washtenaw Counties *5wa of Wayne County & portions of Monroe, Oakland &

Motion CARRIED by the following vote: YES: Alogdelis, Fahrner, Gilezan, Novitke, Rice, Wilson NO: None ABSENT: Steiner

Motion by Gilezan, supported by Wilson, regarding Legal Proceeding: Irene Danowski vs. City of Grosse Pointe Woods , that the City Council REFER the following to the City Attorney and Insurance carrier:

1. Legal Proceeding: Irene Danowski vs. City of Grosse .' a. Summons and Return of Service dated August 16, 1993;

Motion CARRIED by the following vote: YES: Alogdelis, Fahrner, Gilezan, Novitke, Rice, Wilson NO: None ABSENT: Steiner 10 COUNCIL 9-13-93 - 760

Motion by Fahrner, supported by Gilezan, that the City Council ADOPT the following resolution:

RESOLUTION

WHEREAS, the City Council of the CITY OF GROSSE POINTE WOODS,

Michigan has investigated the necessity for making the following

public improvement, to wit:

To construct a motor vehicle parking lot with

necessary drainage, curbing and lighting upon

real property owned by the City of Grosse Pointe

Woods, being a portion of property located southerly

of the City office buildings and within a portion of

property known as Ghesquiere Park,; and

WHEREAS, the City Council believes that the making of such public

improvement is necessary and for the public benefit and welfare of

the CITY OF GROSSE POINTE WOODS, Michigan; and

WHEREAS, the City Council of the CITY OF GROSSE POINTE WOODS believes

that a part of the cost and expense of such improvement should be

defrayed by a special assessment upon the properties especially

benefited in proportion to the benefits derived or to be derived from

the public improvement;

NOW, THEREFORE HE IT RESOLVED that the City Council directs that the

City Engineer shall prepare plans and specifications for such

improvement, and estimate of the costs thereof, maps or plats of the

lands affected thereby and shall make his recommendation as to what

proportion of the cost should be paid by special assessment and what

part, if any, should be a general obligation of the City, the number

of installments in which the assessment may be paid and the lands

which should be included in the special assessment district, and shall

file such materials with the City Clerk for delivery to the City Council.

Motion CARRIED by the following vote: YES: Alogdelis, Fahrner, Gilezan, Novitke, Rice, Wilson NO: None ABSENT: Steiner 11 COUNCIL 9-13-93 - 761

Motion by Wilson, supported by Gilezan, that the City Council concur with the recommendation of the Acting City Administrator, City Comptroller, and Pension Board in their Excerpt dated August 26, 1993, and APPROVE the following Invoices for payment:

1. Invoice dated July 16, 1993 - Comerica, in the amount of $26,979.60; 2. Invoice dated July 16, 1993 - Comerica, in the amount of $1,525.89; And to charge such to the Pension Fund.

Motion CARRIED by the following vote: YES: Alogde.lis, Fahrner, Gilezan, Novitke, Rice, Wilson NO: None ABSENT: Steiner

Motion by Wilson, supported by Gilezan, that the following BE APPROVED for payment:

1. Statement dated August 31, 1993 - City Attorney, in the amount. of $5,461.00 for services rendered in August, 1993;

2. Statement dated August 31, 1993 - City Attorney, in the amount of $236.50 for Pension Board Services. Motion CARRIED by the following vote: YES: Alogdelis, Fahrner, Gilezan, Novitke, Rice, Wilson NO: None ABSENT: Steiner

Motion by Gilezan, supported by Rice, that the City Council convene in CLOSED SESSION at 8:56 p.m. to discuss the following topics (in accordance with Open Meetings Act PA 267):

1. Minutes of the Closed Session of the City Council Meeting of June 21, 1993; 2. Milk River Project - Park Easements; 3. Pending Litigation with Children's Home of Detroit. Motion CARRIED by the following vote: YES: Alogdelis, Fahrner, Gilezan, Novitke, Rice, Wilson NO: None ABSENT: Steiner

12 COUNCIL 9-13-93 - 762

The City Council reconvened at 10:20 p.m.

Upon proper motion, meeting was adjourned at 10:40 p.m. PASSED UNANIMOUSLY.

R t o Tina L. Seder, Presiding Officer, Deputy City Clerk

13 COUNCIL 9-13-93 -- 763

EXHIBIT A

CITY OF GROSSE POINTE WOODS 20025 Hack Plaza Regular City Council Meeting Agenda September 13, 1993 7:30 p.m.

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE (All rise)

4. RECOGNITION - COMMISSION MEMBERS

5. ACCEPTANCE OF AGENDA

6. PRESENTATION R. Presentation of Resolution Honoring Ted Bidigare, Former City Councilman;

7. APPOINTMENTS a- Mayoral Appointment of Chair to Assessment Committee;

b. Mayoral Appointment to Community Development Block Grant Commission: 1. Biographical Sketch dtd 8/28/93 - George Koueiter, 895 Avon Court;

8. MINUTES a. Closed Session of City Council to Review and Approve Minutes of the Closed Session of 6/21/93; b. City Council Minutes dtd 8/16/93; C. Committee-of--the-Whole Minutes dtd 8/23/93; d. Mayor's Mack Avenue Business Study Committee Minutes dtd 8/23/93; e. Construction Committee Minutes dtd 8/30/93; f. Planning Commission Minutes dtd 7/27/93; g. Beautification Commission Minutes dtd 8/11/93; h. Historical Commission Minutes dtd 8/12/93;

9. PUBLIC HEARING a. BOARD OF APPEAL #15-93 RE: Request for Variance in Maximum Allowable Lot Coverage in Residential Districts - Terry Miller, 1476 Yorktown: 1. Ltr dtd 8/2/93 - Terry Miller, 1476 Yorktown; 2. Site Plan dtd 8/2/93; 3. Mortgage Report dtd 11/20/91; 4. Memo dtd 8/25/93 - Code Official Mellen;

14 COUNCIL 9-13-93 - 764

EXHIBIT A

5. Hearing Fee Receipt No_ 02910; 6. Affidavit of Legal Publication; 7. Affidavit of List of Property Owners Notified;

b. BOARD OF APPEAL #16-93 RE: Request for Variance in Required Side Yard Setback - Anthony Cimini, 1428 South Re.naud: 1. Ltr dtd 8/18/93 - Anthony Cimini, 1428 S. Renaud; 2. Site Plan dtd 8/18/93; 3. Memo dtd 8/25/93 - Code Official Mellen; 4. Hearing Fee Receipt No. 02911; 5. Affidavit of Legal Publication; 6. Affidavit of List of Property Owners Notified;

10. COMMUNICATIONS a. Request to Amend Permit Uses, Commercial Business District - Ken Welch, Pointe Fitness & Training Center: 1. Ltr dtd 8/11/93 - Ken Welch; 2. Memo dtd 8/25/93 - Code official Mellen;

b. Request to Use City Hall Parking Lot - Royal Transportation Company: 1. Ltr dtd 8/10/93 - City Attorney Catlin; 2. Memo dtd 8/9/93 - Director of Public Safety Patterson; 3. Ltr dtd 8/4/93 -- Don Fitzsinsmons, Royal Transportation Co_;

C. Request for 1993 Vendor License - Anthony Conteras, C.K. Corporation: 1. Memo dtd 8/24/93 - City Clerk Warnke; 2. Memo dtd 5/24/92 - Director of Public Safety Patterson; 3. Application dtd 5/21/93;

d. Request for 1993 Vendor License - Abdul Mukadam, Pars Ice Cream Co.: 1. Memo dtd 8/24/93 - City Clerk Warnke; 2. Memo dtd 8/16/93 - PSO Albrecht; 3. Application dtd 8/9/93;

15 COUNCIL 9-13-93 - 765

EXHIBIT A

e. Resolution Adopted by the Board of Education of the Wayne County Regional Educational Service Agency: 1. Ltr dtd 8/18/93 -- Wayne County Regional Educational Service Agency Board of Education; 2. Resolutions dtd 8/18/93;

f. Legal Proceeding: Irene Danowski vs. City of Grosse Pointe Woods: 1. Summons and Return of Service dtd 8/16/93;

11. ORDINANCES/RESOLUTIONS a. Proposed Resolution Re: Special Assessment District: 1. Proposed Resolution;

12. CLAIMS AND ACCOUNTS a. Pension Board Invoices: 1. Pension Board Excerpt dtd 8/26/93; 2. Two Invoices dtd 7/16/93 - Comerica;

b. George B. Catlin - City Attorney: 1_ Statement dtd 8/31/93 - August, 1993; 2. Statement dtd 8/31/93 - Pension Board Services;

13. EXECUTIVE SESSION RE: MILK RIVER PROJECT - PARK EASEMENTS

14. NEW BUSINESS

15. ADJOURNMENT

Jack L. Patterson Acting City Administrator

JBD/tls

IN ACCORDANCE WITH PUBLIC ACT 267 (OPEN MEETINGS ACT) POSTED 9/9193 AND COPIES GIVEN TO NEWSPAPERS.

16 COUNCIL 9-13-93 - 766

EXHIBIT B

AFFIDAVIT OF LEGAL PUBLICATION Grosse Pointe News

96 Kercheval Grosse Pointe Farms, Michigan 48236 882-6900

COUNTY OF WAYNE , STATE OF MICHIGAN,

Roger B. Rages being duly sworn deposes and says that the attached advertisement of Grosse Pointe Woods

was duly published in accordance with instructions, in the

GROSSE POINTS NEWS on the following date: September 2, 1993 Board of Appeals - Terry Miller

and knows well the facts stated herein, and th e is the ......

Advertisiaxg Manager s ' Rspaper-

Subscribed and sworn to before me this .. day of

September A D 19.93

Notary Public, Wayne County, Michigan

09/20/95 MyCommission Expires ......

17 COUNCIL 9-13-93 — 767

EXHIBIT B

Michigan City of kbriase-c IIXti2 L7 NOTICE IS HEREBY GIVEN than the City Council, meeting as a ._- Board of Appeals under the provisions of Section 5-14-1 of thg 1975 • _ City Code will meet in the Council-Court Room of the Municipal Building, 20025 Mack Plaza, on September 13, 1993, at 7:30 p.m., 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. The permit was denied since such construction wouldexceed the 35 % maximum -. allowable lot coverage in residential districts as set forth in Section 5-4-3(];) of the Zoning Ordinance of the City. of Grosse Pointe, Woods. A variance is therefore required. All interested parties are invited to attend. Louise S. Warnke City Clerk GPN: 09102193 :

18 COUNCIL 9-13-93 - 768

EXHIBIT C

AFFIDAVIT OF LIST OF PROPERTY OWNERS NOTIFIED

Re: 1476 Yorktown Lot 0189 Marks & Mahoney Sub #5

state of Michigan) County of Wayne j I HEREBY CERTIFY that the foregoing Notice was duly mailed First Class Mail on August 30, 1993, to the following property owners within a radius of three hundred feet (300') of the property described in the foregoing Notice in accordance with the provisions of the 1975 City Code of Grosse Pointe Woods:

Name Address Subdivision & Lot No. Marks & Mahoney Sub #5 Arthur Walkowiak 1522 Yorktown 0186 chjtta Dutta 1500 Yorktown 0167 Joong Sea 1490 Yorktown 0188 Thomas Foster 1464 Yorktown 0191 Michael Aubrey 1452 Yorktown 0192 Laning Davidson 1440 Yorktown 0193 Daniel Wiegand 1430 Yorktown 0194 William May 1416 Yorktown 0195 Robert Deer 114 E. Eighth Street 0196 C/o Spaeth & Batterberry Cincinnati, OH 45202 Bruce Kaselitz 21671 Westbrook Ct. 0197 Marks & Mahoney Sub 14 Thomas Coughlin 1571 Yorktown 0183 Thomas Agents 1421.Yorktown 0172 Gordon Russell 626 Blairmoor 0173 John Finkelmann 1445 Yorktown 0174 George Petroff 1457 Yorktown 0175 John Spath 1469 Yorktown 0176 Brewster Fausone 1483 Yorktown 0177 Theodore Baetens 1501 Yorktown 0178 Costos Koupparris 1515 Yorktown 0179 Wesley Stein 1529 Yorktown 0180 Wayne Anderson 1543 Yorktown 0181 Floramante Rojas 1557 Yorktown 0182 Edward J Russells Sub f2 Edwin Defy 1604 Edmundton 0128 Russell Smith 1584 Edmundton 0129 Alfred Wittwer 1568 Edmundton 0130 Kenneth & Judy Ignagni 1552 Edmundton 0131 Robert Waldvogel 1536 Edmundton 0132

19 COUNCIL 9-13-93 - 769

EXHIBIT C

1520 Edmundton 0133 James Ellis 0133 George McQuiston 1504 Edmundton 1488 Edmundton 0134 Pat DiBasio 0136 Frank LaGrasso 1462 Edmundton 1450 Edmundton 0137 Nelly Rashid 0138 Kenneth Harlan 1436 Edmundton Louise S. Warnke City Clerk

CERTIFIED MAIL -- ERR Terence Miller 1476 Yorktown Grosse Pointe Woods, MI 48236

20 COUNCIL 9--13--93 — 770

EXHIBIT D

AFFIDAVIT OF LEGAL PUBLICATION Grosse Pointe News

96 Kercheval Grosse Pointe Farms, Michigan 48236 882-6900

COUNTY OF WAYNE ) S. STATE OF MICHIGAN,

Roger B. Rages being duly sworn deposes and says that the attached advertisement of Grosse Pointe Woods was duly published in accordance with instructions, in the

GROSSE POINTE NEWS on the following date: September 2, 1993 ...... I...------...... Board of Appeals - Anthony Cimani

and knows well the facts stated herein, and at he is the ......

Advertising Marla. r ;dnewspaper, T...... : ...... Subscribed and sworn to before me this ...... 13th...... day of

...... September...... A.D., 19.93......

Notary Public, Wayne County, Michigan 09/2x195 My Commission Expires

21 COUNCIL 9-13-93 — 771

EXHIBIT D

X • City of LL^ZL '$ I' Uvinte jarib(S` Michigan NOTICE IS HEREBY GIVEN than the City Council, meeting as a Board of Appeals under the provisions of Section 5-14-1 of the 1975'- City Code will meet in the Council-Court Room of the Municipal Building, 20025 Mack Pfaza, on September 13, 1993, at 7:30 p.m., 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. 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. Zoning Ordinan ce of the City of Grosse Pointe Woods. A variance is therefore required. All interested parties are invited to attend. Louise S. Warnke GPN: 09/02193 City Clerk

22 COUNCIL 9-13-93 -- 772

AFFIDAVIT OF LIST OF PROPERTY OWNERS NOTIFIED

Re: 1428 S. Renaud Lot 0351 Renmoor Park

State of Michigan) County of Wayne ) $ S' I HEREBY CERTIFY that the foregoing Notice was duly mailed First Class Mail on August 30, 1993, to the following property owners within a radius of three hundred feet (300') of the property described in the foregoing Notice in accordance with the provisions of the 1975 City Code of Grosse Pointe-Woods:

Name Address Subdivision & Lot No. Al Scullys Eastmoreland Pk Joseph Bichler 1480 Oxford 0021 James Sneige -1470 Oxford 0022 Richard Schott 1460 Oxford 0023 George Frederickson 1450 Oxford 0024 Gregory Natter 1440 Oxford 0025 William Rogers 1430 Oxford 0026 Harold Sinclair 1420 Oxford 0027 Richard Granger 1390 Oxford 0028 Ray Jeanguenat 20160 Holiday 0028 Roger Tapp 1500 Oxford 0019 Richard Pedi 1490 Oxford 0020 Renmoor Park Peter Chau 1500 S. Renaud 0317 Richard Leehr 1476 S. Renaud 0327 Mark Rozycki 1464 S. Renaud 0337 Edward Fontanive 1452 S. Renaud 0334 Peter Leto 1416 S. Renaud Q358 Florence Lafer 1415 S. Renaud 0367 A. Brinkman 1427 S. Renaud 0376 Michael Serilla 1439 S. Renaud 0382 A. Hrabovsky 1451 S. Renaud 0388 Elynor Wickline 1475 S. Renaud 0397 David Neeme 1487 S. Renaud 0406 Carol Pokladek, Jr. 1415 N. Renaud 0148 Hugh Hales, II 1427 N. Renaud 0156 Alfred Gostow 11209 N. 27th Place 0164 C/O Ewing Phoenix, AZ 85028 Fouad Alnajjar 1463 N. Renaud 0175

23 COUNCIL 9-13-93 - 773

EXHIBIT E

0184 Frank Vancsik 1487 N. Renaud 1499 N. Renaud 0193 W. Valade 0105 Marvin Brinkman 1488 N. Renaud 1464 N. Renaud 0111 Felix Malinowaki 0119 Roland Meulebrouck 1452 N. Renaud 1440 N. Renaud 0128 John Aitken 0138 Gail Babel 1416 N. Renaud Renmoor Park #2 0496 William Adam 1381 S. Renaud 1371 S. Renaud 0505 Kenneth Butts 0513 Bernard Marks 1357 S. Renaud 1370 S. Renaud 0668 Leonard Sowinski 0678 William Raffoul 1390 S. Renaud 1381 N. Renaud 0623 Angelo Zilio 0633 Joseph Kovach 1371 N. Renaud 1370 N. Renaud 0606 Betty Morgan 0614 Phil Lauri 1380 N. Renaud AJ Scullys Lake Shore Dr E 0030 Andrew Stefani 471 oxford Louise S. Warnke City Clerk

CERTIFIED MAIL - RRR Anthony Cimini 1428 S. Renaud Grosse Pointe. Woods, Ml 48236