city council minutes; october 20, 1997 - grosse pointe woods, … · letter dated october 20, 1997...

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COUNCIL 1 0-20-97 - 361 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF GROSSE POINTE WOODS HELD ON MONDAY EVENING, OCTOBER 20, 1997, IN THE COUNCIL-COURT ROOM OF THE MUNICIPAL BUILDING, 20025 MACK PLAZA, GROSSE POINTE WOODS, MICHIGAN. The meeting was called to order at :40 p.m. o'clock by Mayor Novitke. The following answered Roll Call: ) ayor Novitke Council members Dansbury, Dickinson, Fahrner, Steiner, Wilson Absent: Council member LeFevre Also Present: City Administrator Thomas Acting City Attorney DesRosiers City Clerk Warnke Assistant City Administrator DiSessa Director of Public Safety Patterson Building Inspector Spranger Deputy City Clerk Hathaway Cpl. Joseph Cardosi Wayne County Rep. Ulicny The following Commission members were in attendance: Planning Commission Grant Gilezan Vicki Granger Beautification Commission Jan Duster Historical Commission Suzanne Kent Cable TV Ad Hoc Committee Peter Gilezan Motion by Dansbury, supported by Wilson, that Council Member LeFevre be excused from tonight's meeting. Motion CARRIED by the following vote: YES: Dansbury, Dickinson, Fahrner, Novitke, Steiner, Wilson NO: None ABSENT: LeFevre 1

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Page 1: City Council Minutes; October 20, 1997 - Grosse Pointe Woods, … · Letter dated October 20, 1997 - Frank and Victoria Palazzolo; And that the following be made a part of the minutes

COUNCIL1 0-20-97 - 361

MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OFGROSSE POINTE WOODS HELD ON MONDAY EVENING, OCTOBER 20, 1997,IN THE COUNCIL-COURT ROOM OF THE MUNICIPAL BUILDING, 20025 MACKPLAZA, GROSSE POINTE WOODS, MICHIGAN.

The meeting was called to order at :40 p.m. o'clock by Mayor Novitke.

The following answered Roll Call: ) ayor NovitkeCouncil members Dansbury,Dickinson, Fahrner, Steiner,Wilson

Absent: Council member LeFevre

Also Present: City Administrator ThomasActing City Attorney DesRosiersCity Clerk WarnkeAssistant City Administrator DiSessaDirector of Public Safety PattersonBuilding Inspector SprangerDeputy City Clerk HathawayCpl. Joseph CardosiWayne County Rep. Ulicny

The following Commission members were in attendance:

Planning CommissionGrant GilezanVicki Granger

Beautification CommissionJan Duster

Historical CommissionSuzanne Kent

Cable TV Ad Hoc CommitteePeter Gilezan

Motion by Dansbury, supported by Wilson, that Council Member LeFevre beexcused from tonight's meeting.

Motion CARRIED by the following vote:YES: Dansbury, Dickinson, Fahrner, Novitke, Steiner,

WilsonNO: NoneABSENT: LeFevre

1

Page 2: City Council Minutes; October 20, 1997 - Grosse Pointe Woods, … · Letter dated October 20, 1997 - Frank and Victoria Palazzolo; And that the following be made a part of the minutes

COUNCIL1 0-20-97 - 362

Motion by Steiner, supported by Wilson, that all items on tonight's agenda bereceived, placed on file, taken in order of appearance, and made a part of theminutes by attachment hereto and identified as Exhibit A.

Motion CARRIED by the following vote:YES: Dansbury, Dickinson, Fahrner, Novitke, Steiner,

WilsonNO: NoneABSENT: LeFevre

Motion by Steiner, supported by Fahrner, that in accordance with Title 1,Chapter 2 of the 1975 City Code, and upon the recommendation of the CityAdministrator, the City Council authorize the appointment of LISA KAYHATHAWAY to the office of Deputy City Clerk and that the Oath of Office beadministered by the City Clerk.

Motion CARRIED by the following vote:YES: Dansbury, Dickinson, Fahrner, Novitke, Steiner,

WilsonNO: NoneABSENT: LeFevre

THE MEETING WAS THEREUPON OPENED AT 8:47 P.M. FOR A BOARD OFAPPEAL HEARING TO HEAR THE APPEAL OF BARBARA BOZELL, 883BRIARCLIFF, WHO IS APPEALING THE DENIAL OF THE BUILDING INSPECTORTO ISSUE A BUILDING PERMIT FOR CONTRACTOR CONSERVATIONSUNLIMITED/FOUR SEASONS SUNROOM, FOR CONSTRUCTION OF ASUNROOM ADDITION TO THE RESIDENCE AT 883 BRIARCLIFF, GROSSEPOINTE WOODS. THE PERMIT WAS DENIED DUE TO A DEFICIENCY IN THEREQUIRED REAR YARD SETBACK AS SET FORTH IN SECTION 5-4-3(F)(D) OFTHE ZONING ORDINANCE OF THE 1975 CITY CODE. A VARIANCE ISTHEREFORE REQUIRED.

Motion by Steiner , supported by Wilson, that for purposes of the Board ofAppeal hearing, the following items be received and placed on file:

1. Letter dated October 6, 1997 - Four Seasons Sunrooms;2. Memo dated October 14, 1997 - Building/Code Official;3. Hearing Fee Receipt No. 3610;4. Affidavit of Legal Publication;5. Affidavit of Property Owners Notified;

2

Page 3: City Council Minutes; October 20, 1997 - Grosse Pointe Woods, … · Letter dated October 20, 1997 - Frank and Victoria Palazzolo; And that the following be made a part of the minutes

Barbara Bozell883 Briarcliff

Fred Hoeper947 Briarcliff

COUNCIL1 0-20-97 - 363

6. Affidavit of Businesses Notified;7. Site Plan dated September 17, 1997;8. Mortgage Survey dated February 13, 1985;9. Letter dated October 20, 1997 - Frank and Victoria Palazzolo;

And that the following be made a part of the minutes by attachment hereto andidentified as Exhibits B, C and D:

Exhibit B - Affidavit of Legal Publication;Exhibit C - Affidavit of List of Property Owners Notified;Exhibit D - Affidavit of List of Businesses Notified;

Motion CARRIED by the following vote:YES: Dansbury, Dickinson, Fahrner, Novitke, Steiner,

WilsonNO: NoneABSENT: LeFevre

The Chair asked if anyone from the audience wished to speak in favor of theproposed request. The following individuals were heard:

Jeff DomPierre, Contractor4 Seasons Sun Room

Caroline & Edwin Wujek851 Briarcliff

John Sabol892 Moreland

The Chair asked if anyone from the audience wished to speak in opposition tothe proposed request. No one wished to be heard.

Motion by Steiner, supported by Wilson, that the public hearing BE CLOSED at8:55 p.m. PASSED UNANIMOUSLY.

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Page 4: City Council Minutes; October 20, 1997 - Grosse Pointe Woods, … · Letter dated October 20, 1997 - Frank and Victoria Palazzolo; And that the following be made a part of the minutes

COUNCIL1 0-20-97 - 364

Motion by Wilson, supported by Dansbury, regarding Board of Appeals #9-97,regarding the appeal of petitioner Barbara Bozell, 883 Briarcliff, that the CityCouncil concur with the recommendation of the Building/Code Official Sprangerand City Administrator to APPROVE construction of a 204' sq. ft. sunroom assubmitted in the site plan dated September 17, 1997, conditional upon thedrainage being approved by the Building Department.

Motion CARRIED by the following vote:YES: Dansbury, Dickinson, Fahrner, Steiner,

WilsonNO: NovitkeABSENT: LeFevre

THE MEETING WAS THEREUPON OPENED AT 8:01 P.M. FOR A PUBLICHEARING TO HEAR THE APPLICATION OF THOMAS RECHT, "THE GREATFRAME UP", 20655 MACK AVENUE, GROSSE POINTE WOODS, WHO SEEKS

VARIANCES FROM THE GE ON THE FACE

REGULATIONS;01= AWNINGS)

SECTIOAND SECTION

(NO

6-4-ADVERTISING MESSAG O(B)(24) (PROHIBITED WALL SIGN).

Motion by Wilson, supported by Dansbury, that for purposes of the publichearing, the following items be received and placed on file:

1. Letter dated October 14, 1997 - Tom Recht, Great Frame Up;

2. Hearing Fee Receipt No. 3611;3. Excerpt Planing Commission Minutes dated September 23, 1997;

4. Memo dated September 11, 1997 - Building/Code Official;

5. Awning Drawing dated August 18, 1997;

6. Business Card Composite dated September 11, 1997;

7. Notice of Public Hearing;8. Affidavit of Business Owners Notified;

And that the following be made a part of the minutes by attachment hereto and

identified as Exhibits E and F:

Exhibit E - Notice of Public Hearing;Exhibit F - Affidavit of List of Business Owners Notified.

Page 5: City Council Minutes; October 20, 1997 - Grosse Pointe Woods, … · Letter dated October 20, 1997 - Frank and Victoria Palazzolo; And that the following be made a part of the minutes

COUNCIL1 0-20-97 - 365

Motion CARRIED by the following vote:YES: Dansbury, Dickinson, Fahrner, Novitke, Steiner,

WilsonNO: NoneABSENT: LeFevre

Planninci Commissioner Gilezan reported regarding the recommendations of thePlanning Commission at their meeting dated September 23, 1997.

The Chair asked if anyone from the audience wished to speak in favor of theproposed request. The following individual was heard:

Tom Recht, Business Owner20655 Mack Avenue

The Chair asked if anyone from the audience wished to speak in opposition tothe proposed request. No one wished to be heard.

Motion by Steiner, supported by Wilson, that the public hearing BE CLOSED at8:35 p.m. PASSED UNANIMOUSLY.

Motion by Dickinson, supported by Dansbury, regarding Public Hearingregarding the request of THOMAS RECHT, "THE GREAT FRAME UP", 20655MACK AVENUE, FOR VARIANCES FROM THE SIGN REGULATIONS; i.E.,SECTION 6-4-32(C) and SECTION 6-4-10(B){{24) that the City Council concurwith the recommendation of the Planning Commission at their meeting onSeptember 23, 1997, to APPROVE the painted wall sign on the north facingwall contingent upon the painted wall sign mimic the business card compositebut the wording be limited to "The Great Frame Up" and to impose the cityregulations regarding lettering style;

And that the request for an awning be REFERRED to the Planning Commissionto reconsider verbal issues raised by Petitioner Thomas Recht in order to arriveat a workable compromise between the Petitioner and the City.

Motion CARRIED by the following vote:YES: Dansbury, Dickinson, Fahrner, Novitke, Steiner,

WilsonNO: NoneABSENT: LeFevre

5

Page 6: City Council Minutes; October 20, 1997 - Grosse Pointe Woods, … · Letter dated October 20, 1997 - Frank and Victoria Palazzolo; And that the following be made a part of the minutes

COUNCIL1 0-20-97 - 366

Motion by Dickinson, supported by Dansbury, regarding the Supplement to theInter-local Agreement of Conference of Eastern Wayne, that the City CouncilAPPROVE such Agreement, and that such be made a part of the minutes byattachment hereto and identified as Exhibit G;

And that the City Council AUTHORIZE the appointment of City AdministratorThomas as the city's representative to the Conference of Eastern Wayne andthat the proposed Resolution Appointing a Representative be ADOPTED andthat such be made a part of the minutes by attachment hereto and identified as

Exhibit H.

Motion CARRIED by the following vote:YES: Dansbury, Dickinson, Fahrner, Novitke, Steiner,

WilsonNO: NoneABSENT: LeFevre

Peter Gilezan, Chair of the Cable Television Ad Hoc Committee, spoke regardingthe proposed negotiation services of the law firm, Varnum, Riddering, Schmidt

& Howlett.

Motion by Steiner, supported by Dickinson, regarding proposed negotiationservices of the law firm, Varnum, Riddering, Schmidt & Howlett, to assist thecity in the review and/or preparation of necessary ordinances and franchiseconditions to offer Ameritech New Media to residents, that the City Councilconcur with the recommendation of the City Administrator and the CableTelevision Negotiating Committee and APPROVE such Legal ServicesAgreement dated August 12, 1997, at a cost not to exceed $25,000.00,. andthat such be made a part of the minutes by attachment hereto and identified as

Exhibit 1;

And that the Council concur with the recommendation of the City Administratorand the Cable Television Negotiating Committee and allocate an addii :i onal$5,000 for consultant fees and publications costs, which may be incurred inaddition to the $25,000.00 fee, which monies will be reimbursed to the cityfrom Ameritech New Media upon the granting of a franchise to them;

And that the Finance Committee will review and recommend to Council theappropriate account to charge the above proposed expenditures.

0

Page 7: City Council Minutes; October 20, 1997 - Grosse Pointe Woods, … · Letter dated October 20, 1997 - Frank and Victoria Palazzolo; And that the following be made a part of the minutes

COUNCIL1 0-20-97 - 367

Motion CARRIED by the following vote:YES: Dansbury, Dickinson, Fahrner, Novitke, Steiner,

WilsonNO: NoneABSENT: LeFevre

Cpl. Cardosi gave a report regarding the Traffic Study - Brys Drive.

The following individuals wished to be heard regarding the Traffic Study - Brys

Drive.

Beau Burton Elena HuntOld 8 Mile Road (End of Brys) 2030 Brys

Paul Burgoyne Don Masserang

2023 Brys 2009 Brys

Hearing no objection, the Chair DIRECTED the following regarding the Traffic

Study - Brys Drive:

1. That the Department of Public Safety continue enforcement on Brys

Drive;2. That the Department of Public Works obtain a contractor to paint a

single-center line at the curve on Brys Drive; and3. That the City Administrator set a meeting with Harper Woods and St.

Clair Shores including the Mayors, Directors of Public SafetyDepartments and City Administrators to discuss the traffic on Brys.

The Chair declared a recess at 9:36 p.m., reconvening at 9:55 p.m.

Cpl. Cardosi gave a report regarding the Traffic Study - Morningside and

Fairford.

The following individuals wished to be heard regarding the Traffic Study -Morningside and Fairford:

Larry Wilson & Son1 691 Manchester

Rosetta Kalajian601 Higby Place N.

No action was taken regarding Traffic Study - Morningside and Fairford.

7

Page 8: City Council Minutes; October 20, 1997 - Grosse Pointe Woods, … · Letter dated October 20, 1997 - Frank and Victoria Palazzolo; And that the following be made a part of the minutes

COUNCIL10-20-97 - 368

Hearing no objection, the Chair DIRECTED Director of Public Safety Patterson toobtain a traffic study for Morningside and Fairford from Automobile Associationof America and to schedule this item for the November 17, 1997, City CouncilMeeting.

Motion by Steiner, supported by Dansbury, that the financial section of theMonthly Report of the City Administrator for the month of September, 1997BE REFERRED to the Finance Committee for review.

Motion CARRIED by the following vote:YES: Dansbury, Dickinson, Fahrner, Novitke, Steiner,

WilsonNO: NoneABSENT: Le Fevre

Motion by Fahrner, supported by Steiner, that the proposed OrdinanceAmending Title V, Chapter 11, Section 5-1 1-2(b) Restricted Office District, toAllow Veterinary Practice - Felines, of the City Code of the City of GrossePointe Woods of 1975, be considered as a "second reading"; and that suchordinance BE ADOPTED and that the same be posted in five places inaccordance with the provisions of the City Charter, and made a part of theminutes by attachment hereto and identified as Exhibit J.

Motion CARRIED by the following vote:YES: Dansbury, Dickinson, Fahrner, Novitke, Steiner,

WilsonNO: NoneABSENT: LeFevre

Motion by Steiner, supported by Dickinson, that the proposed OrdinanceAmending Title IV, Chapter I, Sections 4-1-1 and 4-1-2 (Peddlers) of the CityCode of the City of Grosse Pointe Woods of 1975, be considered as a "secondreading"; and that such ordinance BE ADOPTED and that the same be posted infive places in accordance with the provisions of the City Charter, and made apart of the minutes by attachment hereto and identified as Exhibit K.

8

Page 9: City Council Minutes; October 20, 1997 - Grosse Pointe Woods, … · Letter dated October 20, 1997 - Frank and Victoria Palazzolo; And that the following be made a part of the minutes

COUNCIL1 0-20-97 - 369

Motion CARRIED by the following vote:YES: Dansbury, Dickinson, Fahrner, Novitke, Steiner,

WilsonNO: NoneABSENT: LeFevre

Motion by Steiner, supported by , that the proposed Ordinance Amending TitleIll, adding a Chapter 11 (Restricted Catch Basin Covers) to the City Code of theCity of Grosse Pointe Woods of 1975, be considered as a "first reading"; andthat such Ordinance be published by title in The Grosse Pointe News , theofficial newspaper of the City of Grosse Pointe Woods, and placed on theagenda of the Council meeting scheduled for November 3, 1997, as a "secondreading" and for final adoption;

And that the City Attorney include in the ordinance a timeline for compliance ofthe ordinance.

Motion CARRIED by the following vote:YES: Dansbury, Dickinson, Fahrner, Novitke, Steiner,

WilsonNO: NoneABSENT: LeFevre

Hearing no objection, the Chair DIRECTED that the Proposed OrdinanceAmending Title Ill, Chapter 9 (Rules and Regulations Requiring theDisconnection of Rainwater Downspouts) to the City Code of the City of GrossePointe Woods of 1975 be referred to a Committee-of-the-Whole Meeting onOctober 27, 1997, with a Special Council Meeting immediately following.

Under New Business, and hearing no objections, the following individual washeard regarding 19673 Blossom Lane (a/k/a 19658 Mack):

Patrick Haddad, Atty.Kerr, Russell & Weber

Motion by Dansbury, supported by Fahrner, that Council Member Wilson beallowed to abstain from voting on the 19673 Blossom Lane issue due to aconflict of interest.

I

Page 10: City Council Minutes; October 20, 1997 - Grosse Pointe Woods, … · Letter dated October 20, 1997 - Frank and Victoria Palazzolo; And that the following be made a part of the minutes

COUNCIL1 0-20-97 - 370

Motion CARRIED by the following vote:YES: Dansbury, Dickinson, Fahrner, Novitke, Steiner,

WilsonNO: NoneABSENT: LeFevre

The Chair declared a recess at 10:50 p.m. reconvening at 11:05 p.m.

City Administrator Thomas and City Attorney DesRosiers spoke regarding

19673 Blossom.

The following individuals wished to be heard:

Dr. Robert Nesom Frank Brace

1 9722 Blossom Lane 19745 Blossom Lane

David Knier1 9688 Blossom

Hearing no objection, the Chair DIRECTED 19673 Blossom Lane be placed onthe next Committee-of-the-Whole Meeting, October 27, 1997, and that aSpecial City Council Meeting be scheduled immediately following theCommittee-of-the-Whole Meeting to address the following:

1. Offstreet parking requirements;2. Requirements for occupancy permit;3. Requirements for business license;4. Review zoning map;

Upon proper motion, meeting was adjourned at 12:00 a.m. PASSED

UNANIMOUSLY.

tovitke, Lisa K. HathawayPresiding Officer Deputy City Clerk

r

10

Page 11: City Council Minutes; October 20, 1997 - Grosse Pointe Woods, … · Letter dated October 20, 1997 - Frank and Victoria Palazzolo; And that the following be made a part of the minutes

COUNCIL10-20-97 - 371

EXHIBIT A

CITY CF 30 7SSE POINTS WOODS20025 Mack Plaza

f. W 'er Cay Council Meeting - AgendaOctober 20, 1997

7:30 p.m.

1. CALL TO ORDER

2- ROLL CA'-^_

3. FLEDGE OF ALL =_G .:;:C=_

4. R :.00%ITION CF _ ....,.SS 3 N ME MEERS

5. ACCEPT.4N:CE OP ^— .. ..

6. APPOINTMENT: a. DEPUTY CITY CLERK1. Memo 1006/97 - City Ad.rniristrat::

7. NP.fdUTES 2. Council 1016197b. Committee-of-the-Whole 9/22/27 vim

recommendations:1 . Proposed land development ordinance2. Proposed water-run cff restriction

ordinance3. Proposed downspout ordinance4. Purchase of catch basin covers

c. Historical Commission 911!97d- Citizens Recreation Commission 9;9;97e- Beautification Commission 9110!97

E. PUELIC HEARING: e. BOARD OF APPEALS R9-97: REAR YARDSETBACK - VARIANCE; 883 8RSARCLIFR:1. Ltr 1016197 - Four Seasons Sunrccros2, Memo 10/14197 - Euildinc/Code Official3. Receipt 36104. Affidavit of Legal Publication5. Affidavit of Property Owners Notified6. Affidavit of Businesses Notified7- Site Plan dated 9!17/97

8. Mortgage Survey dated 203185

b. VARIANCE OF SECTION 5-4-321C1 and6-4-10 (61 (24) (SIGN REGULATIONS): 20655MACK AVENUE:1. Ltr !0114197 - Tom Recht, Great Frame Up2. Receipt 36113. Excerpt Planning Commission minutes

9123197

4. Memo 9111197 - Building/Code Official5. Awning Drawing 81181976, Business Card Composite 9111977. Notice of Public HearingS- Affidavit of Business Owners Notified

11

Page 12: City Council Minutes; October 20, 1997 - Grosse Pointe Woods, … · Letter dated October 20, 1997 - Frank and Victoria Palazzolo; And that the following be made a part of the minutes

COUNCIL10-20--97 - 372

EXHIBIT A

CONFERENCE OF EASTERN WAYNE:_.Q P O OS ;

1. SuppIC.Teni to Iraer-LCCal Acree en:

2. Resolution Appcfntmert Repres nta.c

s. Lu 9.24197 - Ralph H- Stoughton . J'-

1 0. COi:^iUVICATIOf:S: a. AMEERITEECH CABLE:1 . Ltr. l0,j :z °7 - City Adrninistra,or

Lirs S/12(97 & I0)2i997 - Varnur^,

Rkdderir..a, Schmidt & Hewlett

TRAFFIC STUDY - BRYS DRIVE:i Memo 91197 - CPL. CardCSD.2 .

Memo 7iL97 - Direct,^r of Public Sa'e:yLu 6:2=197 - Tr masDehore

h Kcscrs t

4. E.ecerptS Council °19'07 & 715'92

Memo 9 :5196 Ci;y Acminis,ratcr

E. Lu 71G.9 - -11ihcma5Geboreh Kosorsut

7. General Incident Report 710/92

E, Ltr. 12.13196 - Carmine_ Palomba, F--.

TRAFFIC STUDY - COOK ROAD &

CHALFONTE:i. Memo 9!12197 • CPL. Cerdos2 . Esckground Information3. Ltr 8129197 - AAA M c":igan_- General Incident Reports of 213127 &

9(29.97

TRAFFIC STUDY - MORsNNINGSIDE1FAIAFQRD:

1 Memo 101)197 - CPL. Cardosi

2. Ltr. 9115197 - CFL. Cardosi3. Excerpt Council minutes 9!15!97

CITY ADMINISTRATOR'S MONTHLY REPORT:

1. September, 1997

SECOND READING: RESTRICTED OFFICE11. ORDINANCES: a.

DISTRICT; AMEND TITLE V. CHAPTER 11,

SECTION 5-11-2(61 ALLOW VETERINARYPRACTICE - FELINES:1. Proposed Ordinance

2, Affidavit of Publication

b. SECOND READING: PEDDLERS; AMENDTITLE IV, CHAPTER 1, SECTIONS 4-1-1, 4-1-2:

1. Proposed Ordinance

2. Affidavit of Puhiication

c_ FIRST READING: RESTRICTED CATCH BASINCOVERS: TITLE III, ADDING CHAPTER 11:

1. Proposed Ordinance

FIRST READING: RULES & REGULATIONSREQUIRING THE DISCONNEC

TI O N OFRAINWATER DOWNSPOUTS; TITLE III.

CHAPTER 1X:1. Proposed Ordinance

1 2. NEW BUSINESSI!I urr 7»%rr :•:r J9;EL 0.CT 71 {OP!%iiisc31en

13- ADJOUR\I\I NT! s t.essntsciroarri6aiies

t<nae 1s: rnr a e..[:e r.,.:r ^- .^a i ::::a .e[[:.::r. [.,[...ol. e. ,.a[ ..e 3,..[e.. s,.. a s:.=[,r mr c. n.::,[

Louise 5. Warnke uo t:e..,:...,e:,.:,:.:.e g,,I[,...:11,1 .:.:.,1.,:,a .,:.,r [.::r,,.,W:[:. ar,r,.a[:I,ma [ ::[:er^ .[ o.:., i. s,a..r,:.+.. L:^,..,i,.o e:oar::.s,n.::.. r„nn v;a, ,. r..:_rn rna:oa:[s oa. crnl ercue a.::::

City Clerk ..ISl S:M1 0 C l,_Lll11!:6:1. ::: 1:55,ariel.[er..wx!.i[:a;.pr:rt.lar to 9.:l :h3 RI:1t1t11

12

Page 13: City Council Minutes; October 20, 1997 - Grosse Pointe Woods, … · Letter dated October 20, 1997 - Frank and Victoria Palazzolo; And that the following be made a part of the minutes

COUNCIL10-20-97 - 373

EXHIBIT B

City of = z IIiIZ 'i IIIIbGz \tichiran

NOTICE IS HERES Y GWVEN that the City Cccr: ii, rr.cctirg as a no_3 of

Apccais ca c: the ?robs -sons of Section 5 i -5 of the 1975 City Caliezip

meet in :`e Cou:.:ii-Cou.t Room of the ^:'= •ic: 5I nui1dint. _N2":

Plaza on Mcr..aay, October 20, 1997, at 7:=0 p. m-. to hear the a:;cal of

Conservations lolitni:ed, inc., c'o Jell Dompie re, 222517 Telee aph Rd^Southfield, HI. 45034, who is appeolin8 the Ccaial of the Buildi ;1rsp c or

r0 issue a I;c I:dr.g pc nil for the copstrnctioe of Z'. a ition to the S:S. '•ce of

Ba:bzra Beze i at S5 3 Briareli8, Grosse Poie:e \Vxsds Tne hui!diat pe.'nit

was dcnicd d. e to a Ce icienev in the require:. tea \'wd setbacl as so: fc'-h is

Section 5-4-2(EX) of the Zc ning Ordinance of ; he City of G:assc Pointe

woods. A s^-riarce is thetefore required. Ali::::ested pa rt ies ate invited to

ancnd.Louise S. `iarnke,

G.P.N.: 3C,C9.97Ci Crtx

13

Page 14: City Council Minutes; October 20, 1997 - Grosse Pointe Woods, … · Letter dated October 20, 1997 - Frank and Victoria Palazzolo; And that the following be made a part of the minutes

COUNCIL10-20 -97 - 374

EXHIBIT C

AFFIDAVIT OF PROPERTY OW\E.FS NOTIc:EDRE Barbara V. Boz_Il

9 3 Briarcii Dr.

Lot 1C, Scott & VJz=ner 2 Subdivision

State of Michigan )

County of Wapfe ) ss

1 iREBY CERTIFY th_: ; .e ,ore_nin__'Notice was duly mailed First Clzss mzii on October 9,

1997, to the folio 'in pro; e _ o.ae,5 within a three hnndr.d foot (300) r2:es of the e op=may

described is the fo tegoin_ o; ce in accordance with the p:o\;siar.s of the 1975 City Cede of

Grosse Pointe Woods

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i:9 YCc w2

05155E 7.2 r 02 413 00 - 1112

011 05 122 012

11.1.74 40>3

I]a i x:x'DcaGSSS — x3 n-

411252713E

14

Page 15: City Council Minutes; October 20, 1997 - Grosse Pointe Woods, … · Letter dated October 20, 1997 - Frank and Victoria Palazzolo; And that the following be made a part of the minutes

CC_ C? C:t: C__

Fix

CZ IIE9a r:a;a ? 883 3rt:C1_°Gross Palnc_ ._c_ .- 432--L

Lcufs: S. Wart!.C:cy Cler's

COUNCIL10-20-97 - 375

EXHIBIT C

!ta wc:.^s :w=

eft rccay.:,cacssr v:- ^o x. fac;.-::::

Ct C C

..: =7 Cc:, 4»

F:_ ..__..w7

..._._^ 7'= tia Y. f::s5-:::?

15

Page 16: City Council Minutes; October 20, 1997 - Grosse Pointe Woods, … · Letter dated October 20, 1997 - Frank and Victoria Palazzolo; And that the following be made a part of the minutes

COUNCIL10-20-97 - 376

EXHIBIT D

,AF F [DA\'lT OF BUSINESSES NOTIFIEDRE: Barbara V. Bozell

873 BriarclifTDr.

Lot I ttS. Scott Wanner w2 Subaivision

State of \lichiLail

County of Wayne } 5S.

I HEREBY CERTIFY tiro. the ooinu Notice was dul y ma:,ed First Class ' Ina on October 5,eREB C1997, to the folios in a bus ::',° e_ '..-..rh fall within a three hLmdred foot {:00') radius of the

subject properly above ce°:c._

c ; eoai coo--'-'--- t.ic::e r acts

c'Ott ._.D

Wa MO 4E255 -ac:s

Louise S. Wa:r.ka

Cicy Clerk

16

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COUNCIL10-20-97 - 377

EXHIBIT E

NOTICE CF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that in accordance with Section 6-4-33 !S^s) of the 1°75City Code of the City of Grosse Pointe Woods, the City Council will hold a publichearing in the Council-Court room of the Municipal Building, 20025 Mac'.: Plats_ onMonday, October 20, 1997, at 7:30 p.m. to hear the request of Tom Re_ht, Manager ofThe Great France Up, 20655 Mack Avenue, who seek authority to erect at such location

an (a) awning with lettering on its face and (b) a painted wall sign on the north wall

facina the T & lvi Service Station (Amoco), which applications would recuire variancesfrom Section 6-4-32(c) and Section 6-4-10(b)(24), respectively, since a building permitwas not approved for same. All interested parties are invited to attend.

Louise S. WarniceCity Clerk

17

Page 18: City Council Minutes; October 20, 1997 - Grosse Pointe Woods, … · Letter dated October 20, 1997 - Frank and Victoria Palazzolo; And that the following be made a part of the minutes

COUNCIL10-20-97 - 378

EXHIBIT F

A== IDAVIT OF &:SI DS OES ERS IfhI: iEO

(optional)

?e..tione^. Tom Rech• . , r

.a aaer

e Great Fra.-& Un2O5 Mack Avenue

State of 1!ic a--

G linty of Wal e55.

I P,;.ZMY CEET1ri that the foregoing notice was duly railed

First Class Mail o:1 October 10, 1997, to the foilo:.:g 5usiaess

c:.ners abutt=a; 2065555 Mack:

r.a-_son 3.:rzing Shop

20541 hack

Elan Candies

20551 Mack

T 3, M Service Station (Aoco)20675 Mack

The Great Frye LIp20555 Mack

Louise S. Waruks

City Clerk

18

Page 19: City Council Minutes; October 20, 1997 - Grosse Pointe Woods, … · Letter dated October 20, 1997 - Frank and Victoria Palazzolo; And that the following be made a part of the minutes

COUNCIL10-20-97-379

EXHIBIT G

Conference of Eastern Wayne

5ugoiement to Interiocal Agreement

execution of this acreem_nt (`this `Supp'= . ='._. A= eer.en t")

In consideration of the `x=(each z emba^hereto ), the Members _rs hereby =_ =-

by t(he Ci' " d Villas signatory hie (e '^,1 ,: zs 2n

GJ lCi ^^^•::5.

5? Cc

= ci Eastern Wayne (the 'Ccn`er_ ice") is a Board es;ab:a`^_be

separate1

The L Urban Cooperatio

n Action of 5BB7. If may s.:= and _c5 'c 12 E'1:1:j .^-.- the

suad in its own name.

(2)

No C i :y of VEIf2_e signatory to Ws inte,-t0c of c_ eemoe "t 5 h ',I be 1labia

for anyfor a nY 2oi or emission of the Conference.

(b)No Member of the Board shalt be lisble in his or h°_, c_oac y for any act of omission of he Conference.

(c) All persons dealing with the Conference, or v.hh soy agent

.. oof `he

Conference. shah look 0i, i0 the ^_=:5 of the - ran for toe

m2Vent of any sums due as a rcSL'li of their C='-?ink.

nt executed by the Ccn ^ creating anr c) In e:every instrument `-' - ng

` ob ta-= oni of any kind, the Conference shall s:l p:.. ate that neither the

10021 Gt^.':Erio msniGt units nor m 2 Members of the CJs(^.' shall be

to any liability under the instrument.

2 . The Conference through its Board of Directors hereby elects to receive a per

capita block grant dlloca:'.On for youth 58N10e5 and prevention programs GL': s '__`1: to

Wayne County enrolled ordinance No. 96-56, such block grant funds to be further

distribute d to the Members on 2 per capita basis for youth se rv ices and prevention

programs consistent with Wayne County enrolled ordinance No. 96 -65 , and the

Conference, through Its members, shaft take such actions as are necessary and desirable

to effect the receipt and transfer of funds as provided herein, including entering into

appropriate contracts or agreements with Wayne County and the Children's H- me of

Detroit to further these purposes.

3.No action other than that speciicaliy authorized by this Supplemental

Agreement shall be taken by or on behalf of the Conference without the of irmative

concurrence of each and every Member.

4. This Agreement may be executed in one or more count=rpa,ts, each of v:nicn

shall be deemed an original but all of which together will cons:,tute one and the same

instrument. .

19

Page 20: City Council Minutes; October 20, 1997 - Grosse Pointe Woods, … · Letter dated October 20, 1997 - Frank and Victoria Palazzolo; And that the following be made a part of the minutes

COUNCIL10-20-97- 380

EXHIBIT G

Co e: e c of Fasten: \Ca}ne

l ^:ent to I. ,.rloc2l ^r :,.

Pa^_e

This Agreeme nt is exa_ 'e= cs of , 1997.

Gi'.y Cf H2&por %Ncods

E'.1;5:

City c Crosse Poiri'?

City of Grosse Pointe Fens

Sy:Its:

G iy .i:omey

G:.,,. _//i /q2

am

City of Grosse Poirte Park

By:

City of Grosse Pointe Woods

By:

Vi1 e of Grosse POinte Shores

By:

20

Page 21: City Council Minutes; October 20, 1997 - Grosse Pointe Woods, … · Letter dated October 20, 1997 - Frank and Victoria Palazzolo; And that the following be made a part of the minutes

COUNCIL10-20-97 - 381

EXHIBIT H

RESOLUTION APPOINTING REPRESENTATIVETO CONFERENCE OF EASTERN WAYNE

rf:' R AS the Cimsse Pointes (Cit y of Grosse Point, of G-Cs5_ , ;site

Woods, VT-a;- of Coss_ Poi,, e Shores, City of Gresss, „rota Park anc ,Ci! Goss_

Poin t e Forms) and the C.:: of Harper Woods have entered into 2`i In r10C2 A:raeme.'lt

Or n21ly C.=acv December C, 164 and the eoiicr a7_end_d from time to time, ir.c nc an

amendment doted Jy S_ , at pursuant to the terms and conbit one of ..? Urban

Cocoa• atio,n Act c' 667; and

` i-i7„=n$ Secncn 7 of the U'D_.'7 Coope a.IC.n At pro i_-e- amon g otner thincs

that the co:=_r is c body of each public acericy shat a-point a m..a:r'car of t:°,2 to2rd

(CC ._n..e of Ee.._.., Wa y ne) \':ho shall serve at t ne pleasure C. the a cintEnc

C'J: Cmin .body ; and

V!HEF.EAS it is nc.: necessary for he go:'ernin^ body of each oub'i: --e cv of theConference of Eastern Wayne to appoift a member of the Board in order to ca-,r out thedunes end respons:biti`ies of the In,_ricca! P.oreer eat, as amended,

NOW T •HE :EFCRE, be it hereby raso?' d that

is hereby appo .led by the C;:y of Grosse Poin'e\r.!00 d5 as a member G: the Board of the Conference of Eastern Wa yne, a sego _fe distncl

1 entity, to - =:ve enJ funcon as the representative of toe City of Grceee PointeIv"Woods in accordance v';th the terms and conditions of Section 7 of the Urban Coorera:ico

A=: of 7667.

A:; roved icr

G err. y

I hereby ceriI y that the 2 "ove F,escicfbrwas dtIy passed by the Co-'ncil for the Cityof Grosse Pointe Woods on

, 1557 2: a reca!zrtyschedvted meeting Cl said Couicl.

City Clerk

Dated:

21

Page 22: City Council Minutes; October 20, 1997 - Grosse Pointe Woods, … · Letter dated October 20, 1997 - Frank and Victoria Palazzolo; And that the following be made a part of the minutes

J OHN W. P PE 1 L=

August 12, 1997

COUNCIL10 . 20-97 - 382

EXHIBIT

vARN Ut, RIDD G, SCHMIDT & HOWLETT r.; T T O r E Y 5 A: LA L•

b.IIX;E'aTE+1 fl-AC:

Yr Ct::C_ J5, CR.\0 R.5 Pe,S. l:; \--V5.05:

_^.'HC\E 6ie 7J'.e6:.`] F.SX elell)e^1\

PPI.(^ A PAA nARr Y.L: Lt:°svC ­­LG L_Ca:f 1:Y.}: P tb I , . !T

1 ..^Lxr .".h^A lxV —u• _ S. T:c ^'s`t!re I TOtti^_n Hvii rt tC _ : k-Ki '^ -O;Sni

_G_ IL`RIA'11N:[a5 P_'Y..ra?:SCr3 —_'-. p.CAt. ,5O..-.fl;

-r. , L.rr.. sc n w - •sa..-- r.: O—sr 1_e.GL n .s.^e:-a a_ C es:4w n-,.-,_^°a_.r—,- , AntAn

c.ec t -A V H.Fr—°^

— == ,:._x„,• r' -ti.

r.:::. urn:\`.r^rux:E<3

n,;ue•l.xr,: a!(].t^:_i.

xti _t_:b?, a. a^hvt.

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h`tiF SS- 14?eiA:PC.vi [.1G R CAA 5>5r,-_?_=_ :,t,L'.?uGr.F E-,;:.3 OT_ x L-kq:^c ^:.ti^:

1 R•t '3* 5 L L. a__„ .. C 'aCbrtIS 5'?tFS [ k CASE R: Y..1.^ ♦ I

N>.CL X1r t=P , ACCCS'ASI tt tt_v .vf! E ^-^ t^'P

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• t.-i^ LAQL Arta ti - - A' A CE.t^.5O;E TIEL! iCRA-\ Ir.:_,L'.T :- - 1 :'+ A

.'w:OLS _ -^:1 _

CEll C_ iCTh : PE. ^ln 17 r.0 - = .: IA-iaCvC a T:. AP C CES fP r.

Cf "T :.4 KC ica^'.:31 . t\- :.. n._•• - a n_4F^_ L _k.. i ."` ___c. _..i Y.0 LS ^S L -\

t: . '.'.' l w5._r.0,

CC 0 55511 .l ms„ s- ♦ =: \ G ti ° lti

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•'REFTI. Sl AC:'DPF:t^ C.1.'_;)r:

tii n u - _5C.=:.sC,4.g -' frt C e,.::T

.l'.. d _4`: t._erti3 =-ti.

-.- f C>s.>..

4:Cni;.T • c !&I C0*051 .•l. _xZ=J?_^CLCitl

_..__,,i:JGf.1:^ —x^.544.15 r

L1,t1 fliS tzylt.4,5 V=FSIFti;J r.u,c..o

Ms. Jane Bais-DiSessaAssistant City ManagerCity of Grosse Pointe Woods20025 Mack PlazaGrosse Pointe Woods, AE 82=6-2397

RE: Ameritech Cable Franchise: Protections for Citvf csidents

Dear Ms. Bais-DiSessa:

Thank you for engaging us to assist the City of Grosse Pointe Woods (herea fter"you"). This letter is intended to set forth our mutual understanding of the legal set-rices tobe performed on your behalf and the basis upon which we w ill be paid for those services.

We will provide services for you as described in our proposal letter, also dated August

12. The scope of these ser v ices may be changed from time to time by mutual aeceement.Our engagement may be terminated by you or us at any time. You will pay for all servicesrendered through the date of termination.

I will oversee this ma tter and will use the ser v ices of other a ttorneys in the fi rm or

non-attorney legal assistan ts as we deem necessary. We will bill you monthly using ourstandard encrey and telecommunications rates. Currently, these rates range from 855 to 5260per hour_ My rate is S255 per hour. Note that these rates are adjusted (usually upward) fromtime to time.

CkA,^DL,FICS - L.55515C . CMAR+AACO . Cl I .51'-: HAVEN - SOLTi:Fe_D

22

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COUNCIL10-20-97 - 383

EXHIBIT I

VARNUM, RIDDERING, SCHMIDT & HOWLETTL.rT ,' f. ' E Y< AT LA a

GIs. Sane Bais-DiSessaAugust 12, 1997Page ?

In addition, v, e will bill y ou for any out-of-pocket expenses which we incur on your

behalf. plus internal charges (at our standard rates for same) for such items as copying, longdistance phone calls, word processing. stag overtime, messenger service, telexes and the like.

In the event of a sizeable bill to us from a third parry (such as for transcripts or expert

witnesses) we may fonvard the bill directl y to you for payment.

If you wish, we can provide you with estimates or limits on our fees. Because theseestimates or limits can be a source of misunderstanding we will onl

y provide estimates or

limits on our fees in writing. We call this to your attention to make sure you know that if s ou

want an estimate or fee limit to obtain it from us in writing. In this regard we acknowledgethe statement in our proposal letter that we vill attempt to limit the cost of the AmeritechNew Media franchise to that sum which it will reimburse.

Our bills will be provided to you monthly. If you have any questions or commentson them, please contact us immediately. The terms of the bills are net 30 days. If youquestion the amount or any portion of a bill, you will pay the amount not questionedlnot indispute on the terms noted above. We reserve the right to withdraw from representing youif you do not pay our bills within 30 days, and by retaining us you expressly consent to theright of this firm to terminate its representation of you and to our withdrawal as counsel foryou in all pending matters if our bills are not paid within 30 days.

You wish to obtain by our representation our knowledge on cable, utility andtelecommunications matters. This knowledge, in significant part, derives from our past andongoing representation of other persons on such matters. We recognize that, although weconsider it unlikely, future events might result in representing other persons on mattersadverse to you or vice versa. This is a corollary to our knowledge in part coming from therepresentation of other persons. 1Ve request that you agree that the law firm ma

y representother persons on matters adverse to you (if that matter is substantially unrelated to the

serv ices we have provided to you) in accordance with the applicable Michigan SupremeCourt rules. 1Ve request agreement from our clients on these points on new matters generallyas it should aid all our clients, including you, by making our services available on as many

projects and matters possible.

We believe that it is highly desirable at the outset of our representation to confirm byletter the terms of our engagement. Please examine this letter carefully and let us know

i mmediately if you have any questions, concerns or if it does not conform to your

understanding of our representation of you.

23

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COUNCIL10-20-97 -- 384

EXHIBIT

V.ARNUM, RIDDERI\G, SCHMIDT & HC\VLE i1 ::A T T U F N E Y 5 n T I .^ z'

Ms. Jane Bais-DiSessaAugust 12, 1997

Page 3

Once again, we appreciate the opportunity to be of serv ice to you and looi forvard

to working with you.

With best wishes,

Very truly yours,

VARNUM, RIDDER1t G, SCHMIDT g HOWLETT-

John W. Pestle

Accepted:

City of Grosse Pointe Woods

3c^? Citeµ IF. o ey

DatOIts:

Date:

cc: City of Grosse Pointe Woods fileEngagement Letter fileJW"PChron file

24

Page 25: City Council Minutes; October 20, 1997 - Grosse Pointe Woods, … · Letter dated October 20, 1997 - Frank and Victoria Palazzolo; And that the following be made a part of the minutes

COUNCIL10-20-97 - 385

EXHIBIT J

cic y or G `^ S ^ . ` lairLf p, 113 ? 11ir'.^,i^an

,NOTICE 1S }iER=.3Y• GIVEN that the Ci ,., Council will beconsidc:ing tho following proposed ordinance for scoond reading nod

foal adoption at is meeting scheduled for 0.:oho: 20,1997, at 7:30

p.m. in the Council Room of the Municipal Bei:dia_. The proposedordinance is av'aila'ble for public inspection a: t.c MunicipaI Building,

20025 Mack Plat, between 8:30 a.m. and 5:00 o.m., Monday Ihrou h

Friday:

Al ORDINANCE TO AMEND TITLE V, CI-iAP TER 11, SECTION'5-11-2(B) OF THE. CITY CODE OF TIE CITY OF GROSSE

POINTS WOODS OF 1973; TOPIC: VEYEFJNARY PRACTICE-

LINES.

Louise S. Warnke,G.P.\.: 10/09,97 .. Cir, Cc:k

25

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COUNCIL10 -20-97 - 386

EXHIBIT K

Citrof ?^ II=^ IItni2 ( ' IIII ^^ Michigan

NOTICE IS HERESY GIVEN that the Cin• Council will be

considcrina the tellowing proposed ordir,anc: for scwnd reading a e

final adoption at is meeting scheduled for October 20,1997, at 7:20

p.ra. in the Co.t ncil Room of the Municipal Building_ The propos:d

ordinan ce is a1'aitable for public inspection at the Municipal Building.

20025 Mack Pl l e Fees 8:30 a.m. and 5.00 p.:n, Monday through

Friday:

AN ORDINANCE TO AMEND TITLE IV, CHAPTER ], SECT1O 1

AND o OF THE CITY CODE OF THE CITY OF GROSSE POI\ TE

"FOODS OF 19:5; TOPIC: PEDDLERS.

Louise S. Warnke,

G.P.4.: i0. 57City Cer

26