WORKSESSION OF THE CITY COUNCIL - Grosse Pointe Farms ... › resources › pdf › file... · A Work Session Meeting of the City Council for the City of Grosse Pointe Farms was called

AGENDA OF BUSINESS REGULAR MEETING OF THE CITY COUNCIL

CITY OF GROSSE POINTE FARMS MONDAY, FEBRUARY 10, 2020

The Regular Meeting of the City Council of the City of Grosse Pointe Farms will be held in City Hall on Monday, February 10, 2020 at 7:00 p.m.

1. Pledge of Allegiance2. Roll Call3. Reading and consideration of the Minutes of the Regular Meeting and Work Session held on January 21,

2020. 4. Zoning Board of Appeals

a. Public Hearing to consider a dimensional variance at 343 Mt. Vernon to allow a covered porch toextend into the required front setback.

b. Public Hearing to consider a use variance for the occupancy, of the structure at 383 Kercheval(former Jerry’s Club Party Store) as an establishment for the preparation and sale of food for off-siteconsumption.

c. Public Hearing to consider two dimensional variances to allow for the alteration of an existing homeat 122 Muir Road.

5. Public Hearing to consider a request for preliminary site plan approval of an addition and site alterations atthe Grosse Pointe War Memorial located at 32 Lake Shore Road.

6. Request for parking exception for proposed addition at the Grosse Pointe War Memorial located at 32 LakeShore Road.

7. Request to consider a METRO Act Permit Application from Rocket Fiber LLC.8. Consent Agenda

a. Consideration of a request from Administration to approve the 2020 Grosse Pointe Farms RegattaFireworks Display.

b. Consideration of a request from Beautification Chair Lev Wood to reappoint Sheila O’Hara,Stephen Hansen and Michael Brown.

c. Consideration of a request from Administration to renew a cell tower lease agreement with AT&T.d. Consideration of resolution regarding Wayne County Annual Permit renewals.e. Consideration of a request from the Finance Director to approve January 2020 invoices.

9. Reportsa. Receive the January 2020 Public Safety Report.b. Receive the Quarterly Financial Report for the Six Months Ended December 31, 2019.

10. Other Business11. Adjournment

DERRICK KOZICKI ASSISTANT CITY MANAGER/CITY CLERK

CITY OF GROSSE POINTE FARMS

CITY COUNCIL

REGULAR MEETING MINUTES

A regularly scheduled meeting of the City Council for the City of Grosse Pointe Farms was called to order at 7:00 p.m. on Tuesday, January 21, 2020, by Mayor Pro Tem Joe Ricci, at 350 Lake Shore Road, Grosse Pointe Farms, Michigan.

Present: Mayor Pro Tem Joe Ricci, Councilmembers Beth Konrad-Wilberding, James C. Farquhar, Neil Sroka and Lev Wood.

Absent: Mayor Louis Theros (Excused)

Also Present: Shane Reeside, City Manager; Derrick Kozicki, City Clerk & Assistant City Manager; Debra Peck-Lichtenberg, City Controller & Treasurer; Daniel Jensen, Director of Public Safety; John Hutchins, Deputy Director of Public Safety; Matthew Baka, Director of Public Service; and William T. Burgess, City Attorney.

Mayor Pro Tem Ricci led the Pledge of Allegiance.

Farquhar motioned, Gillooly seconded to excuse the absence of Mayor Theros. Motion carried.

Council considered the Minutes of the Regular City Council Meeting held on December 9, 2019.

Konrad-Wilberding motioned, Wood seconded to approve the Minutes of the Regular City Council Meeting held on December 9, 2019. Motion carried.

Council discussed City Council Committee Assignments for 2020.

Council considered the following items on the Consent Agenda.

a. Consideration of a request from the Finance Director to approve December 2019invoices.

b. Consideration of a request from Administration to enter into an agreement withRevize LLC for website redesign and hosting services.

c. Consideration of a request from the Public Safety Director to replace the current I.P.Logger as mandated by the State of Michigan and replace it with compatibleequipment.

Wood motioned, Farquhar seconded to approve the Consent Agenda. Motion carried.

Council received the December 2019 Public Safety Report.

Council considered a request from Administration to enter into an intergovernmental agreement between the Wayne County, City of Grosse Pointe Shores and City of Grosse Pointe Farms to conduct a Lake St. Clair Sea Wall topographical survey and soil boring investigation.

350 Lake Shore Road January 21, 2020 7:00 p.m.

3.

City Manager Reeside gave a brief presentation regarding the proposed intergovernmental agreement and the related proposal for professional engineering services from Hubbell Roth and Clark.

Gillooly motioned, Farquhar seconded to authorize the City Manager to execute the intergovernmental agreement and proposal for engineering services with Hubbell, Roth & Clark, Inc. contingent on final review by the City Attorney. Motion carried.

Council considered a request to allow the C.S. Mott Children’s Hospital Run, Walk N’ Roll.

Konrad motioned, Wood seconded to approve the C.S. Mott Children’s Hospital Run, Walk N’ Roll contingent upon coordination with the Public Safety Department. Motion Carried.

Gillooly commended the Parks and Recreation Department for another successful Winterfest event and the Public Safety Department for recent accomplishments.

Council heard Public Comment from the audience.

Mayor Pro Tem adjourned the regular meeting at 7:17 p.m.

Derrick Kozicki, City Clerk Louis Theros, Mayor

CITY OF GROSSE POINTE FARMS CITY COUNCIL

WORK SESSION MEETING MINUTES

A Work Session Meeting of the City Council for the City of Grosse Pointe Farms was called to order at 7:20 p.m. on Tuesday, January 21, 2020, by Mayor Pro Tem Ricci, at 350 Lake Shore Road, Grosse Pointe Farms, Michigan.

Present: Mayor Pro Tem Joe Ricci, Councilmembers Beth Konrad-Wilberding, James C. Farquhar, Neil Sroka and Lev Wood.

Absent: Mayor Louis Theros (Excused at Regular Meeting)

Also Present: Shane Reeside, City Manager; Derrick Kozicki, City Clerk & Assistant City Manager; Debra Peck-Lichtenberg, City Controller & Treasurer; Daniel Jensen, Director of Public Safety; John Hutchins, Deputy Director of Public Safety; Matthew Baka, Director of Public Service; and William T. Burgess, City Attorney.

Mayor Pro Tem Ricci called the work session to order at 7:20 p.m.

Council heard a presentation from Charles Burke, President and CEO of the Grosse Pointe War Memorial regarding proposed improvements to 32 Lake Shore Road.

Council held a questions and answers session.

Council heard public comment.

Mayor Pro Tem Ricci adjourned the Workshop Meeting at 8:15 p.m.

Derrick Kozicki, City Clerk Mayor Louis Theros, Mayor

350 Lake Shore Road January 21, 2020 7:20 pm

M E M O R A N D U M

Date: January 30, 2020

To: Derrick Kozicki–Assistant City Manager/City Clerk

From: Matthew Baka – Director of Public Services

Subject: 343 Mt. Vernon variance request

The property owner of the above referenced home has submitted a plan and application for review from the Board of Zoning Appeals for a dimensional variance for the property located at 343 Mt. Vernon to allow for construction of a roof/canopy over the front porch that extends into the required front setback. Per Sec. 1400 (4) of the City code, An open, unenclosed and uncovered porch or paved terrace may project into a front yard for a distance not exceeding ten (10) feet, but this shall not be interpreted to include or permit fixed canopies. As proposed, the requested roof/canopy would extend into the required front setback;

The minimum front setback required in the R1 zone is 25’. The applicant is proposing a 22’ 1 ½” front setback. Accordingly, a variance of 2’ 10 ½” variance is requested.

Approval by the Board of Zoning Appeals for a variance is required in accordance with Article XVII of the Zoning Ordinance if, in addition to the requirements of the standards set forth in the Zoning Ordinance, the following standards are met:

1. The variance is in harmony with and serves the intent and purpose of thisOrdinance after considering:

A. The extent of the variance in relation to the requirement;B. The effect, if the variance is allowed, of the increased population

density produced on available governmental facilities and on thecharacter of the district;

C. Whether a proposed building is in harmony with the predominanttype of building in the district in size, character, location andintended use.

2. The variance will result in substantial justice being done, considering thepublic benefits intended to be secured by this Ordinance, the hardships

4A.

or difficulties suffered if a variance is not granted, and whether the hardship or difficulty can be obviated by some method other than a variance.

3. The variance will not substantially interfere with or injure the rights ofpersons whose property is affected by the proposed variance.

4. The proposed variance meets the standards of Article XXV.

The requirements of Article XXV are as follows; a. The application is consistent and will promote the intent and purpose of

this Ordinance.b. The proposed use or activity will be compatible with adjacent land uses,

the natural environment and natural resources, and the capacities ofpublic services and facilities affected by the proposal.

c. The application will promote the use of land in a socially and economicallydesirable manner, and maintain the character of the area.

d. The proposed use structure activity is consistent with the public health,safety, and welfare of the residents of Grosse Pointe Farms.

Please see the attached- memo from McKenna Planning Consultants for an analysis of the request. Please place this request on the next available City Council agenda for review and consideration.

ZONING BOARD OF APPEALS APPLICATION (Please type or print legibly)

I. Property and Applicant Information

la. Address of property where variance is being requested:----------~

34-'3 M+. Vctrntntl A\/e 1 Gross~ i>o1n+c f£trMS

lb. Applicant

Identify the person(s) requesting the variance:

Name: JIM t \3 A.r btt t'"'IA e.v A Ir\ '5 Address: 3 4- "3 Mt. '\/er- nvY\ ~ve.-

G rosSG Po11t'\+c. Rtr-M.s

le. Applicant Interest

Identify the Applicant's legal interest in the property:

@ Property Owner c. Purchaser by option or purchase agreement

Home Phone: B 13 -~~ ~ - ;,2.,'f-13

Business Phone:-------

b. Land Contract Vendee d. Lessee

e. Other, please explain ______________________ _

Id. Property Owner Information

Name: · Jtm t B~V-bctm. lSVG\.VlS

Address: .3lf 3 M+-. v tV-V\OYl Ave

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II. Variance Justification

ft is the burden of the applicant to present sufficient evidence to the Zoning Board of Appeals, which justifies the variance request. Unless the Board has enough evidence to make a determination, a variance cannot be granted. The applicant or persons acting in his/her behalf should be prepared to discuss the exact size and dimensions of the proposal, the physical characteristics of the property, and be prepared to discuss the necessity of the variance in detail. In the space below, please state the principle points upon which the appeal is made (You may attach additional sheets if necessary).

Ila. The Board of Appeals can only grant a variance ifthere are special conditions or circumstances which are peculiar to the land or structure involved and which are not applicable to the same district.

Please identify any peculiar or unusual conditions present to justify a variance:

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III. Request to be placed on agenda and signature

The undersigned hereby requests a review and approval of a variance from provisions of the City of Grosse Pointe Farms Zoning Ordinance as described herein and authorizes City elected officials and employees to inspect the site of the proposed work.

Further, the applicant affirms and acknowledges the following:

That the applicant will make reasonable efforts to contact adjacent neighbors, adjacent neighbors means contiguous properties and those across the street who reasonably have a line of sight to a new building or building modification, affected by the applicant's proposal to show and discuss the proposed work prior to the public hearing date set for this appeal. That the granting of the appeal or other favorable decisions does not relieve the applicant from compliance with all other provisions of the Zoning Ordinance or other codes adopted by the City of Grosse Pointe Farms. That the applicant has legal interest in the property as described on this application. That the applicant will comply with any and all conditions imposed by the Board of Appeals in the granting of the requested variance or other favorable decisions. That the statements contained in this application and any attachments are true and correct to the best of his/her knowledge and belief.

Signature of Applican~ ZJ ~ Signature of Applicant: /2a/f~ £~ If the applicant is not the property owner, the property owner must read and sign below.

The undersigned hereby affirms and acknowledges that he/she/they are the owner(s) of the property described in this application, and hereby authorizes the applicant to submit this application and represents the undersigned in the matter being reviewed before the Zoning Board of Appeals.

Signature of Property Ownc=·-~)j~ ~ ~ ///" ~

Signature of Property Owrfer: /J~ a~

Date:

Date:

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PERMITTED ? OVERHANG N PROPOSED : OVERHANG I

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DESIGN SITE PARCEL BB-010-01-0ISCI

SITE INFORMATION: LOCATION

ZONING> SIZE

LOT COVERA&E EXl5TIN6 HOUSE FOOTPRINT EXISTING> 6ARA6E FOOTPRINT

EXISTING> LOT GOVERA&E

SITE NOTES:

PLAN S G A L E : I" = 20'-0"

B43 MT. VERNON 6ROSSE POINTE FARMS, MIGHl6AN R-1 ONE-FAMILY RESIDENTIAL 4,531 SG. FT. 0.104AGRES

'163 5G. FT. 2Cf0 SG. FT.

1,253/4,531 = 21.6%

I. SITE PLAN INFORMATION DERIVED FROM CITY-PROVIDED MORT6A6E REPORT

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I! l I I EXISTING

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FLOOR PLAN

LOAD-BEARIN6, DECORATIVE STEEL CORNER COLUMNS

S C A L E : 1/4" = l'-0"

LEFT/EAST

1 ~FRONT YARD SETBACK

! ~CORNICES/EAVES PERMITTED /,. A , ,..,

11 TO PROJECT NOT MORE THAN

t ~18" l'-4 I 2 11 11?>" INTO REQUIRED OPEN SPACE t-----i /

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REQUESTED VARIANCE INTO FRONT YARD OPEN SPACE

ASPHALT SHINGLES TO MATCH EXISTING

LOAD-BEARING, DECORATIVE STEEL CORNER COLUMNS (C\")

EXISTING FIRST FLOOR LINE

ELEVATION S G A L E : 1/4" = l'-0"

EXISTIN0 SECOND

EXISTIN0 FIRST --------FLOOR LINE

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: ~: BUILDER TO VERIFY EXISTING i : FOOTIN0 IS AT LEAST 42" ! 1 BELOJ.Al GRADE L---------- ---~

FRONT /NORTH ELEVATION S GALE: 1/4" = l'-0"

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EXISTING SECOND -----

FLOOR LINE

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EXISTING FIRST --------

FLOOR LINE

S G A L E : 3/8" = I '-0"

MORTGAGE" REPORT FOR: ... THE DETROIT EDISON CREDIT··UNION ·

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DEC 16· 2019

December 15, 2019 CITY Of GROSSE POINTE FARMS

City of Grosse Pointe Farms City Council:

Re: Variance procedures for 343 Mt. Vernon Ave.,GPF

The following persons have phoned us with regard to their approval of our variance procedure for the roof over our front porch.

310 Mt. Vernon - Gary 306 Mt. Vernon - Mrs. Mitchell 354 Mt. Vernon - Ken and Karen Near 346 Mt. Vernon Ms. Odorowski (letter attached) 381 Mt. Vernon Jim Girardi (letter attached) 354 Mt. Vernon Molly and Doug Radke 348 Mt. Vernon Kevin Brennan 342 Mt. Vernon Lisa Adams

Sincerely,

Barbara and Jim Evans 343 Mt. Vernon Ave.

JOAN ODOROWSKI Attorney at Law

346 Mt. Vernon Ave. RECEIVED

DEC 1 6· 2019 Grosse Pointe Farms, MI 48236 (586) 321-9283

[email protected] CITY of GROSSE POINTE FARMS

December 6, 2019

To: City of Grosse Pointe Farms Zoning Department Re: James W. and Barbara A. Evans Application for Zoning Variance

343 Mt. Vernon Ave., Grosse Pointe Farms, MI 48236

To whom it may concern:

I am a neighbor of Mr. and Mrs. Evans. I live across the street from them on Mt. Vernon Ave. I totally support their application for a zoning variance to modify their house on Mt. Vernon. I think the addition to add a cover (roof) over their front porch to protect it froni the ice and snow during winter is an excellent idea. Not only will it enhance our neighborhood from an aesthetic point of view, but I am concerned about their safety on their front porch in the winter month's snow and ice.

The photos that they have presented show that their proposal is very aesthetically pleasing.

Again, I support them 100% in their application for a zoning variance. Please feel free to contact me with any questions.

Sinceret}

Cfa~r/!uL-·· /Joan Odorowski

Planning Commission

City of Grosse Pointe Farms

90 Kerby Rd.

Grosse Pointe Farms, Ml

December 8, 2019

Re: Building permit for porch roof at 343 Mt. Vernon Rd.

RECEIVED DEC 1 6· 2019

cnv Of GROSSE POINni FARM&

This is to document that as a near neighbor I have no objection to the plan by Mr.

and Mrs. Evans for the addition of a roofing structure over their front porch at the

above address, despite the potential for this structure to impinge on the 25-foot

setback requirement.

The two-foot variance will not be noticeable from the street or from the positions

of nearby homes.

To judge by other houses on Mt. Vernon with porch roofs, such structures tend to

enhance the appearance of the homes, lending them the appearance of design

completeness entirely appropriate to their historic character.

I urge approval of this application without further ado.

~

M E M O R A N D U M




Subject: 383 Kercheval variance request

The property owner of the above referenced property has submitted an application for review from the Board of Zoning Appeals requesting a use variance for the property located at 383 Kercheval (Formerly Jerry’s Club Party Store) to allow for use as an establishment for the preparation and sale of food for off-site consumption. The property is zoned R-1 which does not permit commercial uses. The previous use as retail was considered legal non-conforming. Accordingly, the establishment of a new non-conforming use requires that the applicant obtain a variance.

The property is zoned R-1, one family residential district. The applicant is proposing to utilize the space for the preparation and sale of food and drink.

• Accordingly, the applicant is requesting a use variance to allow an eating and drinking establishment in the R-1 zone.



A. The extent of the variance in relation to the requirement; B. The effect, if the variance is allowed, of the increased population

density produced on available governmental facilities and on the character of the district;

C. Whether a proposed building is in harmony with the predominant type of building in the district in size, character, location and intended use.

4B.

2. The variance will result in substantial justice being done, considering thepublic benefits intended to be secured by this Ordinance, the hardships or difficulties suffered if a variance is not granted, and whether the hardship or difficulty can be obviated by some method other than a variance.




this Ordinance. b. The proposed use or activity will be compatible with adjacent land uses,

the natural environment and natural resources, and the capacities of public services and facilities affected by the proposal.




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M E M O R A N D U M




Subject: 122 Muir rd. variance request

The property owner of the above referenced home has submitted a plan and application for review from the Board of Zoning Appeals for two dimensional variances for the property located at 122 Muir rd. to allow for renovation and an addition to the existing home. The current home is legally non-conforming in regards to setbacks and lot coverage. The applicant is proposing to renovate the home by removing the existing rear addition and adding a second floor addition.

The minimum side setback required in the R1 zone is 4’. The applicant is proposing to alter an existing home with a 3’ 1 3/8” side setback.

• Accordingly, a variance of 10 5/8” variance is requested.

The maximum allowable lot coverage in the R1 zone is 35%. The applicant is proposing to alter the existing home, resulting in a lot coverage of 38.4%

• Accordingly, the applicant is requesting a variance to exceed themaximum allowable lot coverage by 3.4%.



A. The extent of the variance in relation to the requirement;B. The effect, if the variance is allowed, of the increased population

density produced on available governmental facilities and on thecharacter of the district;

4C.

C. Whether a proposed building is in harmony with the predominanttype of building in the district in size, character, location andintended use.

2. The variance will result in substantial justice being done, considering thepublic benefits intended to be secured by this Ordinance, the hardshipsor difficulties suffered if a variance is not granted, and whether the hardship or difficulty can be obviated by some method other than a variance.




this Ordinance.b. The proposed use or activity will be compatible with adjacent land uses,

the natural environment and natural resources, and the capacities ofpublic services and facilities affected by the proposal.




RECEIVED DEC 1 8 2019

CJTV Of GROSSE POINTE FARMS

ZONING BOARD OF APPEALS APPLICATION (Please type or print legibly)

I. Property and Applicant Information

Ia. Address of property where variance is being requested: -----------

/ Z Z M uue r::,t

II. Variance Justification

It is the burden of the applicant to present sufficient evidence to the Zoning Board of Appeals, which justifies the variance request. Unless the Board has enough evidence to make a determination, a variance cannot be granted. The applicant or persons acting in his/her behalf should be prepared to discuss the exact size and dimensions of the proposal, the physical characteristics of the property, and be prepared to discuss the necessity of the variance in detail. In the space below, please state the principle points upon which the appeal is made (You may attach additional sheets if necessary).

Ila. The Board of Appeals can only grant a variance if there are special conditions or circumstances which are peculiar to the land or structure involved and which are not applicable to the same district.

Please identify any peculiar or unusual conditions present to justify a variance:

evlRENr f/e,g£. fPPTf'21"1WILl, EE.. /?£D1Je£D BY llaro111t/(., P~£VlotJ5ll/ BWl-r ,4J)i)/T/(),/. liiE Ser BlteK? ON If/£ 0Rlb1tlAL JlotJSE HAVE &X.IST!Eb roe. 97 Y£A-/t>'. Ilb. The Board can only grant a variance ifthe above-described conditions do not result from the actions of the applicant.

Explain why the above conditions should not be regarded as self created:

~

711£ (}otJD111oo15 ARE fAllT tJ~ 1J1e 0~16:-1A/AL f/ousE f oJe.tbtAIALLY t'o/11f'liAAl1:

Ile. The Board can only grant a variance if compliance with the provisions of the Ordinance would deprive the applicant of property rights enjoyed by others in the same district.

Describe or identify other properties in the district enjoying the same property rights you are

requesting: MAl\JY o~ ill£ HOUSE5 t>iJ /11£ 'S.4-AjE PlOCK tlAvfE 111£ SAOtE 6.£.IBACXS ,4-$ ~t.Jf< CiJ/2/Z,c/V"T rlotJ.5£,

Ild. The Board of appeals can consider evidence of hardship or quality of life if a variance is not granted.

Please explain the hardship or practical difficulty that will result if a variance is not granted: 7i/£ Ho USE WJL,L tlAv'E. To SI I IN ITS CiJRJl 71tJIJ

WHJCll I~ /JO'! SAFE. -ro occupy, lle. It is the objective of the Zoning Ordinance to establish minimum standards in the interest of public health, safety, comfort, convenience and general welfare in the City of Grosse Pointe Farms. The Board can only grant a variance ifthere will not be substantial detriment to the neighboring property and will not be contrary to the spirit and intent of the Zoning Ordinance.

Explain why granting a variance will not be detrimental to the neighboring property. Also, provide information on how the impact of this project may be minimized:

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III. Request to be placed on agenda and signature

The undersigned hereby requests a review and approval of a variance from provisions of the City of Grosse Pointe Farms Zoning Ordinance as described herein and authorizes City elected officials and employees to inspect the site of the proposed work.

Further, the applicant affirms and acknowledges the following:

That the applicant will make reasonable efforts to contact adjacent neighbors, adjacent neighbors means contiguous properties and those across the street who reasonably have a line of sight to a new building or building modification, affected by the applicant's proposal to show and discuss the proposed work prior to the public hearing date set for this appeal. That the granting of the appeal or other favorable decisions does not relieve the applicant from compliance with all other provisions of the Zoning Ordinance or other codes adopted by the City of Grosse Pointe Farms. That the applicant has legal interest in the property as described on this application. That the applicant will comply with any and all conditions imposed by the Board of Appeals in the granting of the requested variance or other favorable decisions. That the statements contained in this application and any attachments are true and correct to the best of his/her knowledge and belief.

Signature of Applicant:-------------- Date: /2,_ /8 ·~J2 Signature of Applicant:-------------- Date: --------

If the applicant is not the property owner, the property owner must read and sign below.

The undersigned hereby affirms and acknowledges that he/she/they are the owner(s) of the property described in this application, and hereby authorizes the applicant to submit this application and represents the undersigned in the matter being reviewed before the Zoning Board of Appeals.

SignatureofPropertyOwner: !{fa/~ Date: /2·/fJ-/J Signature of Property Owner: ___________ _ Date: -------

RECEIVED DEC 1 8 2019

C!TY Of GROSSE POINTE FARMS

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MEMORANDUM


To: Derrick Kozicki, City Clerk/Assistant City Manager

From: Matthew Baka, Director of Public Services

Subject: 32 Lakeshore Dr., Preliminary Site Plan Review

Please be advised that the Grosse Pointe War Memorial has submitted plans and an application for the construction of an addition and various site alterations for the existing facility in the CS, Community Service District located at 32 Lakeshore Dr.

A site plan review by City Council for the erection of a structure or alteration of the appearance of an existing structure located in the CS, Community Service District is required in accordance with Sections 1511, Subsections 1 (c) and 1(d) of the Zoning Ordinance, prior to the issuance of a building permit.

The plan, as proposed, includes the construction of a new multi-purpose community room, renovation of the existing parking lot and several additional site improvements as outlined in the applicant’s submittal package. At this time the applicant is requesting a preliminary site plan approval of the additions and alterations to the site plan. The preliminary review will consider zoning ordinance compliance for the proposed addition, parking lot renovation and parking requirements. If granted, the applicant will return to the City Council once detailed elevation drawings are complete that will specify the design and materials proposed for the project. At that time, the plan would be reviewed for consistency with the preliminary site plan and any additional zoning ordinance requirements.

This plan has been reviewed by the City’s Planning consultant, McKenna Associates for architectural harmony and Zoning Ordinance compliance (please see the attached letter of recommendation).

5.

GPWMSitePlan&ParkingVarianceApplication

CouncilMaterials

TableofContents

1. FloorPlanDrawings(4pages)

2. ArchitectofRecordLetter

3. AerialPhotowithpropertyline&setback

4. SitePlanDrawingwithpropertyline&setback

5. SitePlanwithnewadditionhighlighted

6. ParkingAgreement(3pages)

7. Parkinganalysis(3pages)

8. ValetParkingLetter

9. ValetParkingAerialPhoto

10. ChurchParkingLetter

ROSSETTI.COM ARCHITECTURE.INTERIORS.GRAPHICS.PLANNING T 313.463.5151 F 313.463.5160

ROSSETTI 160 WEST FORT

SUITE 400

DETROIT, MICHIGAN 48226

January 29, 2020

Mr. Shane Reeside City Manager City of Grosse Pointe Farms 90 Kerby Road Grosse Pointe Farms, MI 48236

Re: Site Plan Review Application Letter of Intent

Project: The Grosse Pointe War Memorial 32 Lake Shore Road Grosse Pointe Farms, MI 48236

Dear Mr. Reeside,

This letter of intent serves to describe our commitment to be the Architect of Record for the new project at The Grosse Pointe War Memorial at 32 Lake Shore in the City of Grosse Pointe Farms.

ROSSETTI has been a family-run architectural firm for two generations. Founded in the design-rich city of Detroit, the firm’s story unfolds with a 50-year, multi-disciplinary practice focused on architectural design, urban planning, and interior developments. The culture of the firm is informed by three generations of Detroit based architects in the ROSSETTI family. Louis Rossetti immigrated from Italy in 1907 and established architectural philosophies that were carried through from Gino Rossetti, and now to Matt Rossetti. Over the past thirty years, ROSSETTI has grown into a globally recognized firm. We live by our ethos of designing experiences that generate value for our clients and their communities.

We are excited to work with the Grosse Pointe War Memorial Association (The War Memorial) as it embarks on the design and construction of a new community space. We will continue to explore project desires and aspirations with The War Memorial and share these ideas with you and your team. The goal of the project is to develop a world class facility that continues on The War Memorial’s mission as a patriotic leader introducing new ideas, expanding horizons and celebrating culture, arts and entertainment within the Grosse Pointes and to the greater metro Detroit community.

We look forward to working with you, your team and the City of Grosse Pointe Farms on this project.

Regards,

Matt Rossetti, FAIA President and CEO

TRYBA ARCHITECTS GROSSE POINTE WAR MEMORIAL THE GROSSE POINTE WAR MEMORIAL ASSOCIAT ION

JUNE 13. 2019

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PARKING AGREEMENT

Grosse Pointe War Memorial Association

THIS PARKING AGREEMENT (the “Agreement”), made and entered into as of February ___, 2020, by and between the Grosse Pointe War Memorial Association, a Michigan non-profit association (the “War Memorial”), having an address at 32 Lake Shore Drive, Grosse Pointe Farms, Michigan 48236, and the City of Grosse Pointe Farms, a Michigan municipal corporation (the “City”), having an address at 90 Kerby Road, Grosse Pointe Farms, Michigan 48236.

RECITALS:

A. The War Memorial owns real property located within the boundaries of the City at 32 Lake Shore Drive (the “Premises”). The Premises consist of a former residential estate having historical significance, associated grounds bordering Lake Saint Clair, accessory structures, and an improved vehicle parking area.

B. The Premises are located in a Community Service zoning district as set forth in the City’s Zoning Ordinance. Immediately adjacent to the Premises is a church and a private social club with a yacht harbor. Ingress and egress to the War Memorial, the church and the private social club, as well as use of their respective vehicle parking areas, are cooperatively shared among the three entities. Also immediately adjacent to the church and club is a single-family residential neighborhood.

C. The War Memorial sponsors, organizes and conducts at the Premises numerous events and programs devoted to civic, cultural, patriotic, educational, artistic, and similar activities. The War Memorial also operates hospitality services at the Premises, including wedding celebrations and similar events.

D. The War Memorial and the City entered into an Agreement for Use Restrictions, dated May 28, 2019, in connection with the renovation of the theater contained in the existing Premises, and later named the Patriot Theater (“Use Agreement”) (attached hereto and incorporated by reference as Exhibit A), such Use Agreement addressing parking issues and related duties and obligations of the War Memorial associated with the use of the Patriot Theater. The parties acknowledge since the commencement of operations at the Patriot Theater on June 1, 2018 until the date of this Agreement, as a result of multiple proactive efforts undertaken by the War Memorial to manage traffic and parking before, during and subsequent to events at the War Memorial, including but not limited to events in the Patriot Theater, there has been limited instances of a need for overflow, off-site parking on Lake Shore Rd., and no instances on nearby residential streets due to such events at the War Memorial.

E. The War Memorial plans to commence renovation of its physical structure in 2020 substantially in accordance with the architectural drawings attached hereto and incorporated

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by reference as Exhibit B (the “Renovation”). The Renovation involves: (i) expansion of the existing Ballroom) to also include a “Community Room” that, separately and together, are expected in the future to typically be utilized for evening activities, (ii) renovation of a portion of the existing “Residential” area of the Premises that is currently and expected in the future to typically be utilized for daytime activities, and (iii) renovation of an existing “Media Wing” attached to the existing facility that is currently and expected in the future to typically be utilized for daytime activities, together, such areas to be renovated and constructed as shown and marked on the drawing attached hereto and incorporated by reference as Exhibit C. F. Upon completion of the Renovation, the War Memorial shall have immediate access to 302 parking spaces comprised of: (i) 204 spaces (on the Premises), plus (ii) 38 “valet” spaces (on the Premises), plus (iii) 60 spaces located on the premises of the adjacent church, made available pursuant to mutual shared parking practice and understanding between the War Memorial and the church. G. The parties understand and acknowledge the total number of parking spaces available on or immediately adjacent to the Premises subsequent to the Renovation, is slightly less than the 312 spaces required under existing applicable City Zoning Ordinance requirements. As a result, the War Memorial has, effective December 17, 2019, applied for a parking variance in connection with the Renovation. H. In order to confirm: (i) the operation of the War Memorial subsequent to the Renovation promotes public safety, including the maintenance of normal traffic patterns on Lake Shore Dr. adjacent to the War Memorial, and to ensure satisfactory and sufficient parking is available on and near the Premises, (ii) the present and future operation of the War Memorial is permissible under the City’s Zoning Ordinance and police power, and (iii) the compatibility of the utilization of the Community Service district (in which the War Memorial is located) with the single-family residential characteristics of the adjacent neighborhood, the War Memorial and the City mutually desire to set forth in this Agreement certain requirements pertaining to the use of the War Memorial.

AGREEMENT: Based upon the foregoing recitals, the War Memorial and the City agree as follows: 1. The Use Agreement remains in full force in accordance with its terms and conditions, and further, the parties restate and affirm their respective rights, duties, restrictions, and obligations in their entirety as contained in the Use Agreement.

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2. The War Memorial shall conduct scheduling of events to substantially minimizeinstances in which there is simultaneous utilization of four or more of the following areas on the building premises: Patriot Theater, Ballroom, Community Room, Media Wing and Residential Area as described above.

3. The War Memorial shall work in good faith with the adjacent church to research,identify and arrange one or more additional public parking venues for those infrequent instances when additional parking is required due to events occurring simultaneously at both the War Memorial and the church.

[signatures appear on next page]

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IN WITNESS WHEREOF, the parties, through their duly authorized representatives, have executed this Agreement as of the day and year first above written. THE GROSSE POINTE WAR MEMORIAL ASSOCIATION By: _________________________________ Title: ____________________________ CITY OF GROSSE POINTE FARMS By: ________________________________ Its: Mayor And: ______________________________ Its: City Clerk

1

GPWMA Site Plan

GPWMA Parking Inventory

2

(a) The GPWMA and the Church will be working under a shared parking agreement that both parties have agreed to in principle. (See attached letter.)

Parking Inventory

Parking spaces upon renovation 204Parking spaces provided via shared parking agreement with Memorial Church (a) 60 Additional spaces available when Valet services are used (b) 38 Total GPWMA parking

inventory post-renovation 302

(b) The gain in spaces resulting from use of Valet services has been developed and successfully utilized in partnership with our regular Valet vendor. (See attached letter.)

City of Grosse Pointe Farms Parking Requirements

3

Historically, a parking space-to-participant ratio of 3:1 more accurately measures GPWMA’s actual parking requirements.

Parking requirement as determined by the City of Grosse Pointe Farms 312 spacesGPWMA Parking inventory 302 spacesNet parking shortfall 10 spaces

First Class Valet, Inc. 1053 John R Rd. Rochester Hills, MI 48307 (248)652-8811 Office (248)652-8822 Fax www.FirstClassValet.com

January 28, 2020

City of Grosse Pointe Farms 90 Kerby Rd. Grosse Pointe Farms, MI 48236

RE: Valet Procedure Grosse Pointe War Memorial

To Whom It May Concern,

Valet parking can be maximized by the change of the parking spaces in the larger parking lot from

diagonal to straight spaces. Each car would be backed into each space in a straight formation allowing for

additional spaces to be utilized by valet. This parking plan would allow an additional 38 total parking

spaces. Valet having total control over this parking lot will also allow valet to perform this procedure

without difficulty. Guests who are not willing to utilize valet are able to park their vehicles in the smaller

parking lot without confusion to the valet area.

Please contact our office should have any questions or concerns.

Angie Hubble Office Manager

.... , . .... • 1 •

THE PRESBYTERIAN CHURCH (U.S.A.)

Charles Burke, President and CEO Grosse Pointe War Memorial 32 Lake Shore Drive Grosse Pointe Farms, MI 48236

Dear Charles,

ESTABLISHED 1 865

January 29, 2020

In response to a request from you and the Board of Directors of the Grosse Pointe War Memorial to provide verification to the city that an amicable and working relationship exists regarding cooperation on parking between our two neighboring institutions, the Session of Grosse Pointe Memorial Church adopted the following statement (dated January 27, 2020): "Grosse Pointe Memorial Church affirms our present working relationship with Grosse Pointe War Memorial in sharing parking spaces as per previous agreement and present exigencies, and anticipate continuing good neighbor relationships on this shared concern." We are grateful that these two institutions continue a positive relationship that optimizes our parking for the benefit of our respective constituencies and for the good of the neighborhoods in which we exist.

We are deeply appreciative of the GPWM's good faith efforts to build and extend positive relationships with a neighbor that shares a boundary with your property, and to inform us in a timely manner regarding the exciting plans for restoration and renovation at the GPWM. We hope rn eng~ge in further conversation with you on issues of common concern and wish you success in pursuing your goals.

Ml.~ Mark E. Diehl, Moderator of the Session Interim Pastor, Head of Staff Grosse Pointe Memorial Church

GROSSE POINTE MEMORIAL CHURCH

'.9! figfit Ey tfie faf(gsfiore'

16 Lakeshore Drive Grosse Pointe Farms, Michigan 48236-3783 313.882.5330 Fax 313.882.7675 www.gpmchurch.org

On January 27, 2020, the Session of Grosse Pointe Memorial Church adopted the following statement: "Grosse Pointe Memorial Church affirms our present working relationship with Grosse Pointe War Memorial in sharing parking spaces as per previous agreement and present exigencies, and anticipate continuing good neighbor relationships on this shared concern."

This affirmation is offered in response to a request from the Board of Directors of Grosse Pointe War Memorial and their President and CEO Charles Burke. It serves to provide verification to the City of Grosse Pointe Farms that an amicable and working relationship exists between GPMC and GPWM regarding our cooperation on issues of parking.

Sincerely, \

Mark E. Diehl, Moderator of the Session, Interim Minister, Grosse Pointe Memorial Church

JU~,;,__,!

GROSSE POINTE FARMS MI 48236

25 MCKINLEY PL

BECKER, MICHELLE


121 KERCHEVAL AVE

COTTON, MICHAEL-LISA

GROSSE PTE FARMS MI 48236

25 ELM CT

FITZSIMONS JR, DAVID K

PORT HURON MI 48060

2222 LAPEER RD

FOX, ROGER


165 LAKEVIEW ST

GEBECK, JR. THOMAS-DEANNA


17 LAKE SHORE RD

GETZ, J. MICHAEL-KATHARINE W.


29 ROSE TERRACE

GRIFFITH, WILLIAM-CONSTANCE


18232 MACK AVE

GRIMA, JOSEPH


16 LAKE SHORE RD

GROSSE POINTE MEMORIAL CHURCH


16 LAKE SHORE RD

GROSSE POINTE WAR MEMORIAL


24 EDGEMERE RD

GUPTA, ASHISH-POOJA


26 ELM CT

HENRY, JERALD-NICOLE


31 ROSE TERRACE

KEFALLINOS, DENNIS


21 ELM CT

MARSH, CURTIS-JUDITH A.


46 LAKE SHORE RD

MCMILLAN II, JAMES T.-GIOCONDA C.


46 LAKE SHORE DR

MCMILLAN II, JAMES-GIOCONDA


23 ELM CT

PADDOCK, ANTHONY-DARBY


26 MCKINLEY PL

PALOMBIT, RUDOLPH J.


22 ELM CT

RADU, JOEL J.


24 ELM CT

SPAIN, JOHN-SALLY


24 MCKINLEY PL

WALSH, TIMOTHY-MICHELA

From: Shane ReesideTo: Derrick KozickiSubject: FW: GPWMADate: Monday, February 3, 2020 5:12:53 PMAttachments: Scanned from a Xerox Multifunction Printer.pdf

-----Original Message-----From: William T. Burgess Sent: Monday, February 03, 2020 2:18 PMTo: Shane Reeside Subject: GPWMA

Shane, in connection with the War Memorial proposed expansion, the draft Parking Agreement cross-references ourexisting Patriot Theatre "Agreement for Use Restrictions" and re-affirms the agreement of the parties to be bound byits provisions. As you pointed out, this is a very good start . . . but I wonder if the members of City Council mightwant additional conditions. So that you and I are ahead of the game, I've attached the existing use restrictions andcircled several paragraphs that might continue to be important. If the expansion dictates that City Council willimpose additional restrictions, we likely will want a more comprehensive agreement (rather than simply a re-affirmation of the existing Patriot Theatre agreement). Bill

William T. Burgess Member and Chairman

Dickinson Wright PLLC500 Woodward AvenueSuite 4000Detroit MI, 48226

Phone313-223-3634Mobile313-300-1311Fax844-670-6009WBurgess@dickinsonwright.com

The information contained in this e-mail, including any attachments, is confidential, intended only for the namedrecipient(s), and may be legally privileged. If you are not the intended recipient, please delete the e-mail and anyattachments, destroy any printouts that you may have made and notify us immediately by return e-mail.

Neither this transmission nor any attachment shall be deemed for any purpose to be a "signature" or "signed" underany electronic transmission acts, unless otherwise specifically stated herein. Thank you.

6.
mailto:/O=THEFARMS/OU=FIRST ADMINISTRATIVE GROUP/CN=RECIPIENTS/CN=SREESIDEmailto:[email protected]

AGREEMENT FOR USE RESTRICTIONS

Grosse Pointe War Memorial Association Patriot Theater

THIS AGREEMENT FOR USE RESTRICTIONS (this "Agreement"), made and entered into as of May_, 2019, by and between the Grosse Pointe War Memorial Association, a Michigan non-profit association (the "War Memorial"), having an address at 32 Lake Shore Drive, Grosse Pointe Farms, Michigan 48236, and the City of Grosse Pointe Farms, a Michigan municipal corporation (the "Citv"), having an address at 90 Kerby Road, Grosse Pointe Farms, Michigan 48236.

RECITALS:

A. The War Memorial owns real property located within the boundaries of the City at 32 Lake Shore Drive (the "Premises"). The Premises consist of a former residential estate having historical significance, associated grounds bordering Lake Saint Clair, accessory structures, and an improved vehicle parking area.

B. The Premises are located in a Community Service zoning district as set forth in the City's Zoning Ordinance. Immediately adjacent to the Premises is a church and a private social club with a yacht harbor. Ingress and egress to the War Memorial, the church and the private social club, as well as use of their respective vehicle parking areas, are cooperatively shared among the three entities. Also immediately adjacent to the church and club is a single-family residential neighborhood.

C. The War Memorial sponsors, organizes and conducts at the Premises numerous events and programs devoted to civic, cultural, patriotic, educational, artistic, and similar activities. The War Memorial also operates a hospitality service at the Premises, including wedding celebrations and similar events.

D. The interior of the Premises includes a theater facility (the "Theater"). During a significant duration of the War Memorial' s operation of the Premises, the Theater was used for both film presentations and live stage performances.

E. In 2017, the War Memorial renovated the interior of the Theater. Following completion of such renovation, the Theater has again been utilized for film presentations under the designation of the "Patriot Theater."

F. In order to (i) confirm that the present and future operation of the Theater is permissible under the City's Zoning Ordinance and police power, (ii) promote public safety, and (iii) assure the compatibility of the utilization of the Community Service district (in which the Theater is located) with the single-family residential characteristics of the adjacent neighborhood,

the War Memorial and the City mutually desire to set forth in this Agreement certain restrictions pertaining to the use of the Theater.

AGREEMENT:

Based upon the foregoing recitals, the War Memorial and the City agree as follows:

1. In order to promote the Community Service goals for the zoning district in which the Theater operates, the War Memorial agrees that film programming will be curated with an emphasis on films having cultural, educational and artistic value for the community, including films geared toward youth audiences.

2. Film presentations at the Theater that are open to admission to the general public shall not exceed (a) two (2) shows on any calendar day, nor (b) twelve (12) shows during any calendar week (measured Monday through Sunday). Further, film presentations at the Theater that are open to admission to the general public shall be consistent with offerings customary to single-screen cinemas or theaters. Independently produced and distributed films may be shown at the Theater immediately upon release, whereas (absent express written consent authorized by the City Manager or his designee) mainstream commercial films or major studio productions may not be shown at the Theater within the first seven (7) days of studio release. The following categories of film presentations shall not count against the maximum number of daily or weekly showings as set forth above: (i) veteran or patriotic oriented presentations; (ii) film festival events; and (iii) educational, cultural or artistic private showings that are not open to the general public.

3. Absent express written consent authorized by the City Manager (or his designee ), no film presentation at the Theater will commence after 10:00 p.m. nor conclude (a) after 11 :30 p.m. on Fridays and Saturdays, or (b) after 11 :00 p.m. on all other days of the week. Further, the sale of alcoholic beverages and all other food and beverages from the Theater refreshment stand will be restricted to persons who have purchased tickets to attend the presentation at the Theater. The sale of all food and beverages on the Theater premises will cease not later than the conclusion of the last presentation each night, and all patrons of the Theater will be required to vacate the Theater and surrounding areas within thirty (30) minutes following the conclusion of the presentation.

Q In connection with the shared parking arrangements among the War Memorial, the adj urch and the adjacent private social club, the War Memorial agrees to cooperate in good fail uch entities to minimize, to the greatest extent practicable, the need for overflow, off-site parking on Lake Shore Drive or on nearby residential streets. Further, the War Memorial agrees to

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cooperate in good faith with such entities to coordinate their respective event calendars to predict the likely need for overflow, off-site parking. As part of such good faith cooperation and coordination, the War Memorial acknowledges that there may be occasions on which the War Memorial will be called upon to postpone and reschedule film presentations at the Theater and/or reduce t number of film presentation ticket sales.

The War Memorial agrees to participate with the adjacent church, private social club an the 's Department of Public Safety to develop a security plan for the Theater and surr mg and adjacent facilities, and such security plan shall be updated periodically pursuant to a schedule determined by the City's Department of Public Safety.

The War Memorial agrees to provide updated schedules of film presentations (via, at , on-line access and through social media), such that notice of program changes, pos nts or cancellations can be distributed promptly, thereby minimizing traffic and parking congestion at the Premises.

7. The sale and consumption of alcohol at the Premises during any film presentations at the Theater shall comply strictly with Michigan Liquor Control Commission regulations. The War Memorial's existing "no smoking" policy at the Premises shall continue to be enforced.

8. The War Memorial acknowledges that no exterior modifications to the Premises and no additional signage or modifications to existing signage at the Premises are contemplated at this time, and any proposed future exterior modifications or signage must be approved by the City in adva · full compliance with applicable City ordinances.

The restrictions and undertakings set forth in this Agreement shall be reviewed by the arties o this Agreement on a periodic basis, not less frequently than annually. Following such perio · review, additional or modified restrictions may be imposed in order to promote public safety and the health, welfare and enjoyment of users of the Premises, the users of the adjoining church and private social club, and the owners and guests of nearby residential properties.

The War Memorial agrees to accept responsibility for compliance with each of the re ictions et forth in this Agreement and acknowledges that the City, in approving this Ag eme , has not waived compliance with any current or future ordinances enacted by the City, including without limitation any current or future ordinances pertaining to zoning, parking enforcement, traffic, noise, or the control of nuisances. This Agreement is without prejudice to the City's right to enact future ordinances, amend existing ordinances, and/or exercise police power rights, any of which might lawfully impact the future use of the Premises and/or the Theater.

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Similarly, by undertaking to comply with the restrictions set forth herein, the War Memorial shall not be deemed to have waived any rights or defenses in connection with any future enforcement by the City of its ordinances or exercise of its general police powers, provided that the War Memorial acknowled es the City's rights in response to any material breach by the War Memorial of this Agre ent set forth in Paragraph 11 below.

If (a) the War Memorial fails to comply with one or more of the restrictions set forth m · s Agi; ment, and such failure is not attributable, in material part, to the actions of the adjacent chur d/or private social club, and such failure continues for more than ten (10) days after delivery to the War Memorial of written notice of such failure, or (b) notwithstanding the cure of any such failure, the War Memorial fails to comply with any of the restrictions set forth in this Agreement on three (3) or more occasions during any calendar year, and each of such failures is not attributable, in material part, to the actions of the adjacent church and/or private social club, then, in either of such instances as described in clause (a) or clause (b) of this section, the City may impose additional or modified restrictions or conditions on the use of the Theater for film presentations, up to and including the suspension of future film presentations at the Theater.

12. This Agreement constitutes the entire understanding and complete agreement between the War Memorial and the City with respect to the subject matter hereof and supersedes any prior understandings or agreements, whether oral or written, with respect to the subject matter hereof. If any portion of this Agreement is held unenforceable, the remaining portions of this Agreement shall remain in full force and effect. This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan. This Agreement may not be amended or rescinded absent a written instrument executed by authorized representatives of the War Memorial and the City.

[signatures appear on next page]

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IN WITNESS WHEREOF, the parties, through their duly authorized representatives, have executed this Agreement as of the day and year first above written.

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THE GROSSE POINTE WAR MEMORIAL ASSOCIATION


Its: Mayor

Its: City Clerk

M E M O R A N D U M




Subject: Rocket Fiber METRO Act application

Rocket Fiber has contracted with the Grosse Pointe Public School System to provide fiber optic cable to the System. They have submitted a standard METRO Act permit including route maps. The application and detailed route maps have been examined by the City Attorney and Department of Public Services. The City attorney found that the application conforms with the statutory requirements of the METRO Act. The Department of Public Services has no objections to the scope of the requested approval.

Please place the Rocket Fiber METRO Act application on the next agenda for consideration by Council.

7.

METRO Act Permit Application Form Revised February 2, 2015


APPLICATION FOR

ACCESS TO AND ONGOING USE OF PUBLIC WAYS BY TELECOMMUNICATIONS PROVIDERS

UNDER METROPOLITAN EXTENSION TELECOMMUNICATIONS

RIGHTS-OF-WAY OVERSIGHT ACT 2002 PA 48

MCL SECTIONS 484.3101 TO 484.3120

BY

ROCKET FIBER LLC (“APPLICANT”)

Unfamiliar with METRO Act?--Assistance: Municipalities unfamiliar with Michigan Metropolitan Extension Telecommunications Rights-of-Way Oversight Act (“METRO Act”) permits for telecommunications providers should seek assistance, such as by contacting the Telecommunications Division of the Michigan Public Service Commission at 517-284-8190 or via its web site at http://www.michigan.gov/mpsc/0,4639,7-159-16372_22707---,00.html. 45 Days to Act—Fines for Failure to Act: The METRO Act states that “A municipality shall approve or deny access under this section within 45 days from the date a provider files an application for a permit for access to a public right-of-way." MCL 484.3115(3). The Michigan Public Service Commission can impose fines of up to $40,000 per day for violations of the METRO Act. It has imposed fines under the Michigan Telecommunications Act where it found providers or municipalities violated the statute. Where to File: Applicants should file copies as follows [municipalities should adapt as appropriate—unless otherwise specified service should be as follows]:

-- Three (3) copies (one of which shall be marked and designated as the master copy) with the Clerk at [insert address].

_______________________________________________

http://www.michigan.gov/mpsc/0,4639,7-159-16372_22707---,00.html

2

CITY OF GROSSE POINTE FARMS APPLICATION FOR ACCESS TO AND ONGOING USE OF PUBLIC WAYS BY TELECOMMUNICATIONS PROVIDERS

By ROCKET FIBER LLC

(“APPLICANT”)

This is an application pursuant to Sections 5 and 6 of the Metropolitan Extension Telecommunications Rights-of-Way Oversight Act, 2002 PA 48 (the "METRO Act") for access to and ongoing usage of the public right-of-way, including public roadways, highways, streets, alleys, easements, and waterways (“Public Ways”) in the Municipality for a telecommunications system. The METRO Act states that “A municipality shall approve or deny access under this section within 45 days from the date a provider files an application for a permit for access to a public right-of-way." MCL 484.3115(3). This application must be accompanied by a one-time application fee of $500, unless the applicant is exempt from this requirement under Section 5(3) of the METRO Act, MCL 484.3105(3).

1 GENERAL INFORMATION:

1.1 Date: December 4, 2019

1.2 Applicant’s legal name: Rocket Fiber LLC

Mailing Address: 1505 Woodward Avenue, Suite 300, Detroit, MI 48226

Telephone Number: (844) 847-6253 Fax Number: (855) 455-3401 Corporate website: www.rocketfiber.com

Name and title of Applicant’s local manager (and if different) contact person regarding this application: Jon Gordon, Vice President of Operations and General Counsel Mailing Address: 1505 Woodward Avenue, Suite 300, Detroit, MI 48226

Telephone Number: (313) 545-8949

http://www.rocketfiber.com/

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Fax Number: (855) 455-3401 E-mail Address: [email protected]

1.3 Type of Entity: (Check one of the following)

_____ Corporation _____ General Partnership _____ Limited Partnership X Limited Liability Company _____ Individual _____ Other, please describe:

1.4 Assumed name for doing business, if any: N/A 1.5 Description of Entity:

1.5.1 Jurisdiction of incorporation/formation: Michigan 1.5.2 Date of incorporation/formation: June 6, 2014 1.5.3 If a subsidiary, name of ultimate parent company: Rocket Fiber Holdings

LLC 1.5.4 Chairperson, President/CEO, Secretary and Treasurer (and equivalent

officials for non-corporate entities): Marc Hudson – President/CEO Edi Demaj – Executive Vice President/COO Randy Foster – Treasurer/CTO Howard Luckoff – Secretary

1.6 Attach copies of Applicant’s most recent annual report (with state ID number) filed

with the Michigan Department of Licensing and Regulatory Affairs and certificate of good standing with the State of Michigan. For entities in existence for less than one year and for non-corporate entities, provide equivalent information. See attached addendum

1.7 Is Applicant aware of any present or potential conflicts of interest between Applicant and Municipality? If yes, describe: No

1.8 In the past three (3) years, has Applicant had a permit to install telecommunications facilities in the public right of way revoked by any Michigan municipality? Circle: Yes No

If "yes," please describe the circumstances.

1.9 In the past three (3) years, has an adverse finding been made or an adverse final action been taken by any Michigan court or administrative body against Applicant under any law or regulation related to the following:

mailto:[email protected]

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1.9.1 A felony; or

1.9.2 A revocation or suspension of any authorization (including cable franchises) to provide telecommunications or video programming services?

Circle: Yes No

If "yes," please attach a full description of the parties and matters involved, including an identification of the court or administrative body and any proceedings (by dates and file numbers, if applicable), and the disposition of such proceedings.

1.10 If Applicant has been granted and currently holds a license to provide basic local exchange service, no financial information needs to be supplied. If publicly held, provide Applicant’s most recent financial statements. If financial statements of a parent company of Applicant (or other affiliate of Applicant) are provided in lieu of those of Applicant, please explain.

1.10.1 If privately held, and if Municipality requests the information within 10 days of the date of this Application, the Applicant and the Municipality should make arrangements for the Municipality to review the financial statements.

If no financial statements are provided, please explain and provide particulars. See attached addendum 2 DESCRIPTION OF PROJECT:

2.1 Provide a copy of authorizations, if applicable, Applicant holds to provide

telecommunications services in Municipality. If no authorizations are applicable, please explain. See attached addendum

2.2 Describe in plain English how Municipality should describe to the public the telecommunications services to be provided by Applicant and the telecommunications facilities to be installed by Applicant in the Public Ways. See attached addendum

2.3 Attach route maps showing the location (including whether overhead or underground) of Applicant’s existing and proposed facilities in the public right-of-way. To the extent known, please identify the side of the street on which the facilities will be located. (If construction approval is sought at this time, provide engineering drawings, if available, showing location and depth, if applicable, of facilities to be installed in the public right-of-way). See attached addendum

2.4 Please provide an anticipated or actual construction schedule. See attached addendum

2.5 Please list all organizations and entities which will have any ownership interest in the facilities proposed to be installed in the Public Ways. Both Rocket Fiber LLC and Grosse

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Pointe Public School System will own fiber optic filaments within the facilities’ cable sheath in order to operate their own fiber optic networks

2.6 Who will be responsible for maintaining the facilities Applicant places in the Public Ways and how are they to be promptly contacted? If Applicant’s facilities are to be installed on or in existing facilities in the Public Ways of existing public utilities or incumbent telecommunications providers, describe the facilities to be used, and provide verification of their consent to such usage by Applicant. Scott Cerny, Director of Network Expansion, Rocket Fiber LLC, 1505 Woodward Avenue, Suite 300, Detroit, MI 48226, [email protected], (313) 545-8920 3 TELECOMMUNICATION PROVIDER ADMINISTRATIVE MATTERS:

Please provide the following or attach an appropriate exhibit.

3.1 Address of Applicant’s nearest local office: Rocket Fiber LLC 1505 Woodward Avenue, Suite 300 Detroit, MI 48226

3.2 Location of all records and engineering drawings, if not at local office: Same as

above 3.3 Names, titles, addresses, e-mail addresses and telephone numbers of contact

person(s) for Applicant’s engineer or engineers and their responsibilities for the telecommunications system;

Scott Cerny, Director of Network Expansion, Rocket Fiber LLC, 1505 Woodward Avenue, Suite 300, Detroit, MI 48226, [email protected], (313) 545-8920, responsible for engineering Applicant’s telecommunications system

3.4 Provide evidence of self-insurance or a certificate of insurance showing Applicant’s

insurance coverage, carrier and limits of liability for the following:

3.4.1 Worker’s compensation;

3.4.2 Commercial general liability, including at least:

3.4.2.1 Combined overall limits;

3.4.2.2 Combined single limit for each occurrence of bodily injury;

3.4.2.3 Personal injury;

3.4.2.4 Property damage;

mailto:[email protected]:[email protected]

3.4.2.5 Blanket contractual liability for written contracts, products, and completed operations;

3.4.2.6 Independent contractor liability;

3.4.2.7 For any non-aerial installations, coverage for property damage from perils of explosives, collapse, or damage to underground utilities (known as XCU coverage);

3.4.2.8 Environmental contamination;

3.4.3 Automobile liability covering all owned, hired, and non-owned vehicles used by Applicant, its employee, or agents.

3.5 Names of al l anticipated contractors and subcontractors involved m the construction, maintenance and operation of Applicant's facilities in the Public Ways.

4 CERTIFICATION:

Underground Contractors. Inc. 30561 Andersen Court Wixom, Ml 48393

All the statements made in the application and attached exhibits are true and correct to the best of my knowledge and belief

December 4. 2019 Date

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ROCKET FIBER LLC ("APPLICANT")

By: Marc Hudson Title: President/CEO

Rocket Fiber LLC - Addendum to Application For Access to and Ongoing Use of Public Ways by Telecommunication Providers

Addendum to Application For Access to and Ongoing Use of Public Ways by Telecommunication Providers by Rocket Fiber LLC

1.10 If Applicant has been granted and currently holds a license to provide basic local exchange service, no financial information needs to be supplied. If publicly held, provide Applicant’s most recent financial statements. If financial statements of a parent company of Applicant (or other affiliate of Applicant) are provided in lieu of those of Applicant, please explain.

Applicant is privately held.

1.10.1 If privately held, and if Municipality requests the information within 10 days of the date of this Application, the Applicant and the Municipality should make arrangements for the Municipality to review the financial statements.

If no financial statements are provided, please explain and provide particulars.

Applicant will provide its financial statements if Municipality requests the information as provided for above.

2.1 Provide a copy of authorizations, if applicable, Applicant holds to provide telecommunications services in Municipality. If no authorizations are applicable, please explain.

Applicant possesses general authority provided by the Federal Communications Commission pursuant to 47 USC Section 214 to provide Interstate Telecommunication Services, a copy of which is not applicable.

2.2 Describe in plain English how Municipality should describe to the public the telecommunications services to be provided by Applicant and the telecommunications facilities to be installed by Applicant in the Public Ways.

Applicant will be a provider of broadband internet access and dedicated data transport. The facilities will be fiber optic cables and the electronics to power and control the services provided over the cables.

3.4 Provide evidence of self-insurance or a certificate of insurance showing Applicant’s insurance coverage, carrier and limits of liability.

A certificate of insurance showing Applicant’s insurance coverage, carrier and limits of liability in force during the construction and installation period are being provider with this application.

The following documents are attached to this Addendum to be part of the Application:

Rocket Fiber LLC - Addendum to Application For Access to and Ongoing Use of Public Ways by Telecommunication Providers

• Applicant’s most recent annual report (with state ID number) as filed with the Michigan Department of Licensing and Regulatory Affairs;

• Applicant’s certificate of good standing provided by the Michigan Department of Licensing

and Regulatory Affairs;

• Route map for Applicant’s telecommunications system;

• Construction schedule for Applicant’s telecommunications system;

• Applicant’s certificate of insurance;

• Completed METRO Act Unilateral Form of Right-of-Way Telecommunications Permit.

Form Revision Date 07/2016

ANNUAL STATEMENT (Required by Section 207, Act 23, Public Act of 1993)

Identification Number: 801748336

Annual Statement Filing Year: 2019

1. Limited Liability Company Name:

ROCKET FIBER LLCROCKET FIBER LLC

2. The street address of the limited liability company's registered office and name of the resident agent at that office: 1. Resident Agent Name: UNITED AGENT GROUP INC.

2. Street Address: 28175 HAGGERTY ROAD

Apt/Suite/Other:

City: NOVI

State: MI Zip Code: 48377

3. Mailing address of the registered office: P.O. Box or Street Address:

Apt/Suite/Other:

City: State: Zip Code:

This annual statement must be signed by a member, manager, or an authorized agent.

Signed this 21st Day of December, 2018 by:

Signature Title Title if ''Other'' was selected

Chris Geier Authorized Agent

By selecting ACCEPT, I hereby acknowledge that this electronic document is being signed in accordance with the Act. I further certify that to the best of my knowledge the information provided is true, accurate, and in compliance with the Act.

nmlkj Decline nmlkji Accept

Filed by Corporations Division Administrator Filing Number: 201806431540 Date: 12/21/2018

MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

FILING ENDORSEMENT

This is to Certify that the

for

ID Number:

received by electronic transmission on , is hereby endorsed.

Filed on , by the Administrator.

The document is effective on the date filed, unless a subsequent effective date within 90 days after

received date is stated in the document.

In testimony whereof, I have hereunto set my hand and affixed the Seal of the Department,

ROCKET FIBER LLC

2019 ANNUAL STATEMENT

801748336

December 21, 2018

December 21, 2018

in the City of Lansing, this 21st dayin the City of Lansing, this 21st dayin the City of Lansing, this 21st dayin the City of Lansing, this 21st dayof December, 2018.of December, 2018.of December, 2018.of December, 2018.

Filed by Corporations Division Administrator Filing Number: 201806431540 Date: 12/21/2018

Julia Dale, DirectorJulia Dale, DirectorJulia Dale, DirectorJulia Dale, DirectorCorporations, Securities & Commercial Licensing BureauCorporations, Securities & Commercial Licensing BureauCorporations, Securities & Commercial Licensing BureauCorporations, Securities & Commercial Licensing Bureau

This is to Certify that the annexed copy has been compared by me with the record on file in this Department and that the same is a true copy thereof. This certificate is in due form, made by me as the proper officer, and is entitled to have full faith and credit given it in every court and office within the United States.

In testimony whereof, I have hereunto set my hand, in the

Julia Dale, Director

Corporations, Securities & Commercial Licensing Bureau

City of Lansing, this 2nd day of December , 2019.

Certificate Number: 19127077970

Verify this certificate at: URL to eCertificate Verification Search http://www.michigan.gov/corpverifycertificate.

This is to Certify That

and said limited liability company is validly in existence under the laws of this state and has satisfied its annual filing obligations. This certificate is issued pursuant to the provisions of 1993 PA 23 to attest to the fact that the company is in good standing in Michigan as of this date. This certificate is in due form, made by me as the proper officer, and is entitled to have full faith and credit given it in every court and office within the United States.

In testimony whereof, I have hereunto set my hand,

Julia Dale, Director

Corporations, Securities & Commercial Licensing Bureau

ROCKET FIBER LLCROCKET FIBER LLCROCKET FIBER LLCROCKET FIBER LLC

in the City of Lansing, this 2nd day of December , 2019.

was validly authorized on June 6 , 2014, as a Michigan DOMESTIC LIMITED LIABILITY COMPANY.

Certificate Number: 19127078340

Verify this certificate at: URL to eCertificate Verification Search http://www.michigan.gov/corpverifycertificate.

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ID Task Name Start Finish DurationQ1••20 Q3••20Q4••19 Q2••20 Q4••20

NovDec OctMay SepAugFeb JulJan DecOct Nov JunMar Apr

1

2

5

7

8

9

10

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225d8/21/202010/14/2019General Timeline

9d10/24/201910/14/2019DTE Pole App Submission

87d2/21/202010/24/2019DTE Make-Ready Completion

46d4/24/20202/21/2020WSU Aerial and Underground Fiber Placement

5d5/1/20204/27/2020WSU Fiber Splicing & Testing

65d7/24/20204/27/2020Gross Pointe Ring + Laterals Aerial & Underground Fiber Placement

60d8/14/20205/25/2020Gross Pointe Ring Fiber Splicing & Testing

10d8/28/20208/17/2020Provide All As-Builds and Test Results

8d11/11/201910/31/2019Meet with Municipalities

44d12/12/201910/14/2019OSP Engineering (Pre MR Adjustments)

44d12/12/201910/14/2019Underground Construction Permitting

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Gross Pointe Public Schools Const

WORKSESSION OF THE CITY COUNCIL - Grosse Pointe Farms ... › resources › pdf › file... · A Work Session Meeting of the City Council for the City of Grosse Pointe Farms was called

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