COUNCIL The meeting was called to order at 7:35 p.m. by Mayor Novitke. Absent: None

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1 MINUTES OF THE REGULAR CITY MEETING OF THE CITY OF GROSSE POINTE WOODS HELD ON MONDAY, SEPTEMBER 21, 1998, IN THE -COURT ROOM OF THE MUNICIPAL BUILDING, MACK PLAZA, GROSSE POINTE WOODS, MICHIGAN. The meeting was called to order at 7:35 p.m. by Mayor Novitke. Roll Call: Council members: Absent: Also Present: Mayor Novitke Chylinski, Dansbury, Dickinson, Fahrner, Granger, Steiner None City Administrator Thomas City Attorney Catlin City Clerk Warnke Director of Public Safety Patterson Building Inspector Spranger Director of Public Works Whitcher City Engineer Westrick Deputy City Clerk Hathaway The following Commission members were in attendance: Kathy White, Beautification Commission Lee Allcutt, Board of Canvassers John Parthum, Historical Commission Ross Richardson, Planning Commission Dan Curis, Local Officers Compensation Commission Fred Petz, Community Enhancement Fund Advisory Board Toni DiClemente, Mack Avenue Business Study Committee Mark Ulicny, Wayne County Representative, was also present. Motion by Steiner, supported by Dansbury, 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: Chylinski, Dansbury, Dickinson, Fahrner, Granger, Novitke, Steiner No: None Absent: None 1

2 THE MEETING WAS THEREUPON OPENED AT 7:37 P.M. FOR A BOARD OF APPEAL HEARING TO HEAR THE APPEAL OF SERGEI MNATSAKANOV, EMORY COURT, WHO ARE APPEALING THE DENIAL OF THE BUILDING INSPECTOR TO ISSUE A BUILDING PERMIT FOR EMORY COURT, GROSSE POINTE WOODS. THE PERMIT WAS DENIED DUE TO NONCOMPLIANCE WITH THE MINIMUM ALLOWABLE SIDE YARD SETBACK REQUIREMENTS OF THE 1997 CITY CODE. A VARIANCE IS THEREFORE REQUIRED. Motion by Steiner, supported by Granger, that, for purposes of the Board of Appeal hearing, the following items be received and placed on file: 1. Ltr 9/8/98 M. Miller 2. Memo 9/15/98 - Assistant Director of Public Services 3. Memo 9/17/98 - Bldg/Code Official 4. Memo 9/17/98 - City Engineer 5. Affidavit of Property Owners Notified 6. Notice of Hearing 7. Construction Plan 9/8/98 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 Property Owners Notified. Motion carried by the following vote: Yes: Chylinski, Dansbury, Dickinson, Fahrner, Granger, Novitke, Steiner No: None Absent: None The Chair asked if anyone from the audience wished to speak in favor of the proposed request. The following individuals were heard: Frank Palazollo Attorney Representing Mnatsakanov Charlotte Tobias, Case Manager Farmington Road, Ste 100 Farmington Hills, MI Al Smith Signal Building Co. 2

3 The Chair asked if anyone from the audience wished to speak in opposition to the proposed request. The following individuals were heard: Adelia Ann Voight E. Emory Ct. Motion by Dansbury, supported by Steiner, that the public hearing BE CLOSED at 8:00 p.m. PASSED UNANIMOUSLY. Motion by Dickinson, supported by Chylinski, regarding Board of Appeal #15-98 regarding Sergei and Elena Mnatsakanov, Emory Court, Side Yard Variance, that the City Council grant a side yard setback variance based upon the site plan dated February 26, 1997, and upon the practical difficulty the Petitioner faces in meeting the lot coverage requirements of the city code contingent upon the Petitioner addressing the drainage issues to facilitate the runoff toward the street and away from the adjoining properties and upon the Petitioner commencing construction on this property within 90 days, and that the Petitioner assume responsibility for any changes to the easement. Motion carried by the following vote: Yes: Chylinski, Dansbury, Dickinson, Fahrner, Granger, Novitke, Steiner No: None Absent: None The Mayor called a recess at 8:10 p.m., and City Council reconvened at 8:30 p.m. THE MEETING WAS THEREUPON OPENED AT 8:31 P.M. FOR A PUBLIC HEARING TO HEAR THE APPLICATION OF MARSHALL FLEMION, 1377 SUNNINGDALE, GROSSE POINTE WOODS, WHO IS REQUESTING APPROVAL OF A LOT SPLIT FOR LOT 83, LOCHMOOR SUBDIVISION, (COMMONLY DESCRIBED AS 1377 SUNNINGDALE) INTO TWO RESIDENTIAL LOTS. Motion by Steiner, supported by Granger, that for purposes of the public hearing the following items be received and placed on file: 1. Ltr 5/18/98 Marshall Flemion 2. Excerpt Planning Commission Meeting 5/26/98 3. Excerpt City Council Meeting 7/20/98 4. Notice of Hearing 5. Affidavit of Property Owners Notified 6. Affidavit of Businesses Notified 7. Site Plan 2/26/97 8. Memo 5/19/98 Director Public Safety & Bldg/Code Official 9. Ltr 5/18/98 City Engineer 10. Memo 5/14/98 & 5/19/98 City Assessor 11. Memo 5/15/98 Director of Public Services 12. Documents in Opposition of Lot Split as Follows: 3

4 a. Ltr 7/7/98 T. Mack b. Ltr 7/14/98 D. Smith c. Petition for Denial 6/29/98 d. Wayne Cty Circuit Court Order e. MI Court of Appeals Ruling f. Attorney Summary Crt. Case Lot 84 Lochmoor Sub g. MI Circuit Ct Motion for Summary Disposition h. Building & Use Restrictions i. Briefs in Support j. Other Items 13. Documents in Support of Lot Split as Follows: a. Petition for Approval of Lot Split Signed by 47 neighbors b. Ltr 7/1/98 Marshall & Lisa Flemion c. Hawthorn Park Sub Plat d. Grosse Pointe Shores Sub Plat e. Gaukler Pointe Shores Sub Plat f. Lochmoor Sub Plat sheet 1 g. Lochmoor Sub Plat sheet 2 h. Subdivision Plat of previous lot splits Morningside Dr. i. Subdivision Plat of previous lot splits Holiday Rd. j. Deed for Lot #28, Holiday Rd. k. Subdivision Plat of lot split for commercial use l. Deed 12/17/51 assigning additional sq. ft. m. Average Lot Sizes And that the following be made a part of the minutes by attachment hereto and identified as Exhibits D, E, and F: Exhibit D - Affidavit of Legal Publication; Exhibit E - Affidavit of List of Property Owners Notified; Exhibit F - Affidavit of List of Business Owners Notified. Motion carried by the following vote: Yes: Chylinski, Dansbury, Dickinson, Fahrner, Granger, Novitke, Steiner No: None Absent: None The Chair asked if anyone from the audience wished to speak in favor of the proposed request. The following individuals were heard: Don Fresard, Attorney for Petitioner 1751 Lochmoor Mark Stevens 800 Sunningdale 4

5 Michael Crane, Appraiser 695 Fischer Road Grosse Pointe, MI Ron and Nancy Bogen 838 Lochmoor Mike Sandmair 1627 Sunningdale Jerry Larou 1152 Lochmoor Al Janson 1337 Sunningdale Kathleen Brown-Flemion 1527 Sunningdale Carmella Sgroi 1427 Sunningdale Lisa Flemion Petitioner Jack Tellerico 704 N. Rosedale Sue Larou 1152 Lochmoor The Chair asked if anyone from the audience wished to speak in opposition to the proposed request. The following individuals were heard: Penny Swansen 1417 Lochmoor Paul Bourgeois 1376 Lochmoor Louise Vetere 1426 Lochmoor 5

6 Pauline Maczewski 1357 Sunningdale Dr. Donald Smith 1506 Lochmoor Ron Mack 1363 Lochmoor Blvd. Peggy Merrick 1356 Lochmoor Drew Sheffield 1385 Lochmoor Motion by Dansbury, supported by Granger, that the public hearing BE CLOSED at 9:12 p.m. PASSED UNANIMOUSLY. Motion by Dickinson, supported by Steiner, regarding Public Hearing to hear the application of Marshall Flemion, 1377 Sunningdale, who is requesting approval of a LOT SPLIT for Lot 83 of Lochmoor Subdivision commonly described as 1377 Sunningdale, Grosse Pointe Woods, that the City Council concur with the recommendation of the Planning Commission in their minutes dated May 26, 1998, and the City Engineer, and that the following resolution BE ADOPTED: Be it resolved that Lot 83, Lochmoor Subdivison, also the adjoining vacated easterly of Holiday Road, PC , Liber 38, Page 89,90 of Wayne County Records (commonly known as 1377 Sunningdale) be split into two parcels described as follows: Parcel A: The south 100 feet of Lot 83 and adjoining vacated easterly feet of Holiday Road of Lochmoor Subdivision of part of P.C. s & 577, front and rear concession, lying east and center of Mack Avenue, Grosse Pointe Shores Village and Grosse Point Twp., (now City of Grosse Pointe Woods) Wayne County, Michigan, as recorded in Liber 83 of Plats, Pages 89 and 90 of Wayne County Records; Parcel B: Lot 83 and adjoining vacated eastelry feet of Holiday Road of Lochmoor Subdivision of part of P.C. s & 577, front and rear concession, lying east of center of Mack Avenue, Grosse Pointe Shores Village and Grosse Point Twp (now City of Grosse Pointe Woods) Wayne 6

7 County, Michigan, as recorded in Liber 83 of Plats, Pages 89 & 90 of Wayne County Records, except the south 100 feet. BE IT FURTHER RESOLVED that all easements and restrictions of record be reserved in accordance with the Lot Division Survey submitted to Council on September 21, 1998 (and made a part of these minutes as Exhibit G) that the City Comptroller-Treasurer and City Assessor be advised of such lot split, that the City Attorney record the lot split with Wayne County, and that the petitioner be advised of same. BE IT FURTHER RESOLVED that in the event of development of Parcel A, the following contingencies be followed: 1. Installation of a fire hydrant on a looped 8" water main be required on Holiday Road midway between the parcels; 2. Perimeter surface drainage should be provided for parcels A and B, restricted flow should be required; 3. The 6" easement along the south property line of parcel A should be identified as to its use and the records shall be corrected to show the easement extended through the vacation of Holiday Road, and; 4. The construction site plan meets with Planning Commission approval. Motion carried by the following vote: Yes: Dansbury, Dickinson, Fahrner, Granger, Novitke, Steiner No: Chylinski Absent: None Mayor recessed the City Council meeting at 9:32 p.m., and reconvened at 9:45 p.m. Motion by Granger, supported by Dickinson, regarding 1999 Grosse Pointe Business & Professional Association of Mack Avenue's Sidewalk Sale, that the City Council approve the following dates for the 1999 Sidewalk Sale: May 19 through May 22, 1999; Rain Dates May 26 through May 29, 1999 July 21 through July 24, 1999; Rain Dates July 28 through July 31, 1999 September 22 through September 25, 1999; Rain Dates September 29 through October 2, Motion carried by the following vote: Yes: Chylinski, Dansbury, Dickinson, Fahrner, Granger, Novitke, Steiner No: None Absent: None 7

8 Motion by Steiner, supported by Dansbury, that the financial section of the Monthly Report of the City Administrator for the month of August 1998, BE REFERRED to the Finance Committee for review. Motion carried by the following vote: Yes: Chylinski, Dansbury, Dickinson, Fahrner, Granger, Novitke, Steiner No: None Absent: None The following individuals were heard regarding Parking Enforcement pertaining to two-hourparking signs on the local side streets: Ahmed Ismail Speedi Photo Genie, Mgr. Speedi Photo Toni Obeid Judy Venorstill Jim Champion Champs Rotisserie & Spirits Edwin Framalino Edwin Paul Motion carried by the following vote: Yes: Chylinski, Dansbury, Dickinson, Fahrner, Granger, Novitke, Steiner No: None Absent: None Motion by Granger, supported by Dickinson, regarding Bids for Department of Public Works Building Addition, that the City Council concur with the recommendation of the City Administrator, the City Engineer, and the Assistant Director of Services and AWARD a contract to: Boulevard Construction Heritage Macomb, MI in the amount of $63,487, not including engineering and contingencies, their bid being in the best interest of the City; and to charge such to the following account: SUBSTITUTE MOTION by Steiner, supported by Fahrner, regarding bids for Department of Public Works Building Addition, that the City Council table the awarding of a contract to October 5, 1998, City Council Meeting. Motion carried by the following vote: Yes: Chylinski, Dansbury, Dickinson, Fahrner, Novitke, Steiner No: Granger

9 Absent: None Under new business, and hearing no objection, the matter of subgrade corrections on Clairview Court was made a part of tonight s agenda. City Administrator Thomas spoke regarding the need to increase the stone subbase by 6. Motion by Granger, supported by Dickinson, regarding Subgrade Corrections for Clairview Court Paving, that the City Council concur with the recommendation of the City Administrator, the City Engineer, and the Assistant Director of Public Services and AWARD a contract to: Florence Cement Company 1970 Brinston Troy, MI in the amount of $13,726.72, and to charge such to the following account: Motion carried by the following vote: Yes: Chylinski, Dansbury, Dickinson, Fahrner, Granger, Novitke, Steiner No: None Absent: None Upon proper motion, meeting was adjourned at 10:51 p.m. Robert E. Novitke Mayor Lisa Kay Hathaway Deputy City Clerk Louise S. Warnke City Clerk 9

10 EXHIBIT A

11 EXHIBIT A

12 EXHIBIT B

13 EXHIBIT C

14 EXHIBIT C

15 EXHIBIT C

16 EXHIBIT D

17 EXHIBIT E

18 EXHIBIT E

19 EXHIBIT F

20 EXHIBIT G

Motion by Steiner, supported by Dansbury, that all items on tonight's agenda be received, placed on file, taken in order of appearance.

Motion by Steiner, supported by Dansbury, that all items on tonight's agenda be received, placed on file, taken in order of appearance. 07-01-02-99 MINUTES OF THE REGULAR CITY MEETING OF THE CITY OF GROSSE POINTE WOODS HELD ON MONDAY, JULY 1, 2002, IN THE -COURT ROOM OF THE MUNICIPAL BUILDING, 20025 MACK PLAZA, GROSSE POINTE WOODS, MICHIGAN.