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. The meeting was called to order at 7:30 p.m. by Mayor Novitke. Roll Call: Council members: Absent: Also Present: Mayor Novitke Chylinski, Dansbury, Dickinson, Fahrner, Granger, Steiner None City Administrator Bidigare City Attorney Berschback City Clerk Warnke Director of Public Works Ahee City Engineer Westrick Building Inspector Tutag Deputy City Clerk Hathaway The following Commission members were in attendance: Mary Mitts, Planning Commission 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 Chylinski, supported by Granger, that the City Council concur with the recommendation of the Election Commission (composed of Council Member Thomas Fahrner, City Clerk Louise S. Warnke and City Attorney Don R. Berschback and certify the appointment of the Board of Elections Inspectors, including compensation as recommended. 1
07-01-02 100 Motion by Granger, supported by Dansbury that the following item be received and placed on file: 1. Revised Planning Commission Minutes dated May 28, 2002. THE MEETING WAS THEREUPON OPENED AT 7:42 P.M. FOR A PUBLIC HEARING TO HEAR THE APPEAL OF NICHOLAS MOSCHOURIS, 1033 N. BRYS, AND EDWARD AHEE III, 701 N. BRYS, GROSSE POINTE WOODS, MICHIGAN, WHO ARE APPEALING THE DENIAL OF THE BUILDING INSPECTOR TO ISSUE A BUSINESS LICENSE TO OPERATE A SUBWAY at 19471 MACK AVE., GROSSE POINTE WOODS. THE CLASSIFICATION FOR RESTAURANT INTERNAL SEATING WITHIN THE CITY OF GROSSE POINTE WOODS HAS REACHED ITS MAXIMUM ALLOWABLE LIMIT; THEREFORE, THE APPLICATION WAS DENIED AND A HARDSHIP VARIANCE IS REQUESTED. Motion by Chylinski, supported by Steiner, that for purposes of the public hearing the following items be received and placed on file: 1. Ltr 6-11-02 N.Moschouris and E.Ahee III 2. Ltr 6-25-02 A.Kenny, Attorney 3. Business License Application 6-25-02 4. Memo 6-25-02 Building Inspector 5. Memo 6-21-02 Director of Public Safety 6. Memo 6-25-02 Director of Public Works 7. Notice of Hearing 8. Affidavit of Property Owners Notified 9. Photograph 6-25-02 10. Aerial View Hearing no objections, the Mayor director the public hearing BE CLOSED at 7:45 p.m. PASSED UNANIMOUSLY. 2
07-01-02 101 Motion by Chylinski, supported by Dickinson, regarding public hearing: HARDSHIP BUSINESS LICENSE Nicholas Moschouris, 1033 N. Brys, and Edward Ahee III, 701 N. Brys, that the Council receive and place on file the letter dated July 15, 2002, submitted by the petitioners, which letter requests the public hearing be postponed to the next Council meeting of July 15, 2002, and that the Council concur with such request and that proper notice be mailed to all business and property owners within a 300 radius of the subject property. THE MEETING WAS THEREUPON OPENED AT 7:49 P.M. FOR A PUBLIC HEARING TO HEAR THE APPLICATION OF MICHAEL LANE, 1680 ROSLYN ROAD, GROSSE POINTE WOODS, FOR PERMISSION TO ERECT A 6 PRIVACY FENCE ALONG THE EAST PROPERTY LINE OF THE PROPERTY AT 1680 ROSLYN ROAD. Motion by Dansbury, supported by Chylinski, that for purposes of the public hearing the following items be received and placed on file: 1. Application for Fence Permit 5-24-02 2. Property Survey 5-30-02 3. Fence style 4. Affidavit of Property Owners Notified 5. Memo 6-25-02 Building Inspector 6. Warning Ltr 6-25-02 Building Inspector 7. Photographs (2) 6-25-02 8. Aerial View The Chair asked if anyone from the audience wished to speak IN FAVOR of the proposed request. The following individual was heard: Mike Lane 1680 Roslyn 3
07-01-02-102 The Chair asked if anyone from the audience wished to speak IN OPPOSITION to the proposed request. The following individual was heard: Lois Jack 1677 Brys Motion by Dansbury, supported by Granger, that the public hearing BE CLOSED at 7:56 p.m. PASSED UNANIMOUSLY. Motion by Granger, supported by Dickinson, regarding the public hearing: FENCE VARIANCE Michael Lane, 1680 Roslyn Road, that the City Council DENY the request to install a 6 solid wood privacy fence. Motion by Steiner, supported by Dansbury, regarding Michigan Municipal League's Annual Conference, that the City Council AUTHORIZE the attendance of interested Council Members, Mayor and City Administrator to attend such conference to be held at the Hyatt Regency in Dearborn on September 11-13, 2002 and to reimburse any such officials for any personal expenses incurred upon presentation and verification by the Finance Committee of an itemized expense report, and to appoint Councilman Dickinson voting representative and Councilman Fahrner alternate delegate, Motion by Steiner, supported by Granger, that the City Council concur with the recommendation of the City Administrator, Municipal Court Clerk, and Information Technology Manager and AUTHORIZE the purchase from: Business Information Systems Inc. 18481 W. 10 Mile 4
07-01-02-103 Southfield, MI 48075 a FTR Gold Digital Recording/Sound system, in the amount of $19,254, and to include annual service and support agreement in the amount of $2,058, for a total amount not to exceed $21,312, and to charge the expenditure of such to 401-902-977.112, contingent upon a mute switch be provided for the microphones. Motion by Granger, supported by Dickinson, regarding bids for 2002 MISCELLANEOUS CONCRETE PAVEMENT REPAIR PROGRAM DISTRICT 4, that the City Council concur with the recommendation of the City Administrator, the City Engineer, and the Director of Public Works and AWARD a contract to: Galui Construction Co. 33805 Harper Clinton Twp., MI 48036 in the amount of $800,687, and to include construction, engineering, inspection, contract administration and contingencies in the amount of $209,313, for a total amount not to exceed $1,010,000, and to charge such to the following accounts: 202-451-974.200/203-451- 974.200/591-537-976.201/592-537-975.200. Motion by Chylinski, supported by Granger, that the City Council concur with the recommendation of the City Administrator and the Director of Public Works and AUTHORIZE the purchase from: R W Mercer Co 22900 Mercer Dr. New Boston, MI 48164 of two fuel dispensers, in the amount of $25,780, their bid being in the best interest of the City; 5
07-01-02-104 and to charge the expenditure of such to 401-902-977.103. Motion by Dickinson, supported by Granger, regarding Subrecipient Agreement for the Wayne County CDBG Program, that the City Council concur with the Assistant to the City Administrator and approve such said Agreement between the County of Wayne and its subrecipients and that the Mayor be authorized to execute such for Fiscal Year 2002/03. The Chair declared a recess at 8:20 p.m., and reconvened at 8:32 p.m. Motion by Dansbury, supported by Chylinski, that the City Council voice NO OBJECTION to the adoption of a Proclamation naming September 2002 as National Alcohol & Drug Addiction Recovery Month in the City of Grosse Pointe Woods. Motion by Dansbury, supported by Chylinski, that the City Council voice NO OBJECTION to the adoption of a Proclamation naming July 2002 as Therapeutic Recreation Month in the City of Grosse Pointe Woods. 6
07-01-02 105 Motion by Chylinski, supported by Dickinson, that the Proposed Ordinance to Amend Chapter 38, Fire Prevention and Protection by Revising Article II entitled Fire Prevention Code, of the City Code of the City of Grosse Pointe Woods of 1997 be referred to the Committee-of-the-Whole. Motion by Dansbury, supported by Granger, that the Proposed Ordinance to Amend Chapter 38, Fire Prevention and protection by Repealing Certain Sections of Article III Entitled Fire Control, of the City Code of the City of Grosse Pointe Woods of 1997 be referred to the Committee-of-the- Whole. Motion by Chylinski, supported by Dickinson, regarding the 2002 Tax Rate Certification Resolution of the Wayne County Regional Educational Service Agency (a/k/a RESA), that the City Council ACCEPT the resolution dated June 12, 2002, as corrected, authorizing and directing monies to be raised by taxation for the purposes of school tax apportionments among the cities and townships of the district, and that there be levied the following mills for the 2002 tax year:.0965 mills for RESA Operations; 1.8678 mills for County-voted Special Education And that a certified copy of this resolution be forwarded to the Wayne County Bureau of Taxation, the Wayne County Clerk, the City Comptroller, and the City Assessor, as required by law, and that the amount of money projected to be raised in the City of Grosse Pointe Woods upon the imposition for the millage is $1,420,938, amounting to $62,217, or a 4.6% increase over the dollar amount raised by the 2001/02 millage. 7
07-01-02-106 Absent: None Motion by Dickinson, supported by Granger, regarding Southeastern Michigan Council of Governments Annual Dues, that the Council approve payment for annual fees for the period July 15, 2002 through July 15, 2003 at a cost of $ 2,570.00. Motion by Steiner, supported by Dansbury, that the following statement from the City Attorney BE APPROVED for payment: Statement dated June 27, 2002 - City Attorney Berschback in the amount of $10,007.15 for services rendered in June 2002. Hearing no objections, the following individuals wished to be heard regarding the June 21, 2002 basement flooding: Steve Hamilton 19766 East Ida Lane Greg Cossens 19863 Holliday Jamie Kassis 19678 E. Kings Court Douglas Abood 1502 Dorthen Philip Bozzo, Atty. 8
07-01-02-107 Annette Myslinski 19802 Holiday The City Administrator and City Attorney were directed to provide a written review and recommendation to discuss at a Closed Executive Session of the Council scheduled for July 15, 2002, at 7:00 p.m. and to also place the matter on the regular Council meeting agenda for July 15, 2002. The Chair declared a recess at 9:10 p.m., and reconvened at 9:35 p.m. Under New Business, the Mayor directed the City Attorney to provide a written review and recommendation to Council regarding current City Code regulations affecting charitable solicitations (in light of recent Supreme Court rulings). Motion by Steiner, supported by Chylinski, that the City Council recess the regularly scheduled Council meeting at 9:35 p.m. and reconvene in CLOSED EXECUTIVE SESSION for the purpose of discussing a legal opinion, in accordance with the Open Meetings Act 1976 PA 267. Upon proper motion, meeting was adjourned at 10:22 p.m. Robert E. Novitke Mayor Lisa Kay Hathaway Deputy City Clerk Louise S. Warnke City Clerk 9