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HomeMy WebLinkAboutPLANNING MINUTES 2011-10-25MINUTES OF THE 1,016TH PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, October 25, 2011, the City Planning Commission of the City of Livonia held its 1,016" Public Hearings and Regular Meeting in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. Lee Morrow, Chairman, called the meeting to order at 7:00 p.m. Members present: Scott P. Bahr Ashley V. Krueger R. Lee Morrow Lynda L. Scheel Carol A. Smiley Gerald Taylor Ian Wilshaw Members absent: None Mr. Mark Taormina, Planning Director, and Ms. Margie Watson, Program Supervisor, were also present. Chairman Morrow informed the audience that if a petition on lonighfs agenda involves a rezoning request, this Commission makes a recommendation to the City Council who, in tum, will hold its own public hearing and make the final determination as to whether a petition is approved or denied. The Planning Commission holds the only public hearing on a request for preliminary plat and/or vacating petition. The Commission's recommendation is forwarded to the City Council for the final determination as to whether a plat is accepted or rejected. If a petition requesting a waiver of use or site plan approval is denied tonight, the petitioner has len days in which to appeal the decision, in writing, to the City Council. Resolutions adopted by the City Planning Commission become effective seven (7) days after the date of adoption. The Planning Commission and the professional staff have reviewed each of these petitions upon their fling. The staff has furnished the Commission with both approving and denying resolutions, which the Commission may, or may not, use depending on the outcome of the proceedings tonight. ITEM #1 PETITION 2011-10-01-07 NORTHERN EQUITIES Ms. Scheel, Secretary, announced the first item on the agenda, Petition 2011-10- 01-07 submitted by Northern Equities Group, pursuant to Section 23.01 of the City of Livonia Zoning Ordinance #543, as amended, requesting to rezone a portion of the properly at 19401 Victor Parkway, located on the west side of Victor Parkway between Seven Mile Road and Pembroke Avenue in the South 1/2 of Section 6, from PO III to OS. October 25, 2011 25856 Mr. Taormina provided background on the item and presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Taormina: The purpose of the rezoning is to allow for the development of a new two story office building that will serve as the automotive headquarters for Infineon Technologies. Infineon is a German - based company that specializes in the design and production of semi -conductors. The company currently leases a two story building which is located at the northwest corner of Seven Mile and Victor Parkway at 19250 Victory Parkway. Infineon Technologies currently occupies about a 20,000 square fool facility. They will move their offices to the property in question. The reason for this is primarily because Infineon has outgrown their space. They're working with the petitioner this evening, Northern Equities, to build a new 46,000 square fool building. This would essenfially double the size of their existing facility. They prefer to be housed in a single use two story structure that would be designed specifically for the company's operations. They would like to stay in the area, but under the current PO zoning, they would be required to construct a minimum three story building. Through this rezoning to OS, Office Services, it would allow for the construction of a two story office building to suit the needs of Infineon Technologies, give them the assurance that they're looking for and allow for some flexibility in terms of the height of the structure. With that, I'll answer any questions or proceed to the correspondence. Mr. Morrow: Please read the correspondence? Mr. Taormina: There is one item of corespondence from the Engineering Division, dated October 17, 2011, which reads as follows: 7n accordance with your request, the Engineering Division has reviewed the above -referenced rezoning request. The legal description provided is correct. The address for this site is confirmed to be 19401 Victor Parkway." The letter is signed by Kevin G. Roney, P.E., Assistant City Engineer. That is the extent of the corespondence. Mr. Morrow: Are there any questions for the staff? Seeing none, is the Infineon representative here tonight? We will need your name and address for the record. Matthew S. Sosin, President, Northern Equities Group, 39000 Country Club Drive, Farmington Hills, Michigan 48331. Good evening. I'm the President of Northern Equities Group. This is my first time in front of this body, so thank you for having us. I think Mark pretty much covered everything. I can answer any questions October 25, 2011 25857 you might have on the rezoning. You might have more questions on the next agenda item. Mr. Morrow: Are there any questions that we have of Matt tonight? Ms. Krueger: What is the basis for your request for rezoning? Mr. Sosin: The basis for the request is, it's all based on the requirements that Infneon had from the beginning as we worked through the concept design of the building for them. Office users are very interested in the size of their floor plates and how it works based on the adjacencies of different departments that they have. To do a three story building with, in this case, approximately 15,000 square fool floor plates would be very odd. They wouldn't be able to put enough people together next to one another that need to be adjacent to one another. A 25,000 square fool floor plate is more, I guess, modern if you will in this case, and it fits better. Ms. Krueger: Okay. Thank you. Mr. Morrow: Any other questions? Is there anybody in the audience that wishes to speak for or against the granting of this petition? Yes, Mr. Taylor? Mr. Taylor: Just a comment and I will actually make an approving resolution. I know many years ago this was stated to be a 12 story building, one across the street, and that whole complex and that area of Victor Parkway was going to have five restaurants and, of course, the economy kind of fell off at the time. This looks like a good use of the site to me because what we're doing is stepping down to two stones that shows the college. You can see the college very well from the expressway plus the hotel. Hopefully, they may develop a one story building in front of Infineon, which will give it a tiered type of look. So I think it's a good use of the property and a good change of the zoning. Mr. Morrow: Before you offer your resolution, I'm going to close public hearing. Now we'll have the motion. On a motion by Taylor, seconded by Scheel, and unanimously adopted, 0 was #10-59-2011 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on October 25, 2011, on Petition 2011-10-01-07 submitted by Northern Equities Group, pursuant to Section 23.01 of the City of Livonia Zoning Ordinance #543, as amended, requesting to rezone a portion of October 25, 2011 25858 the property at 19401 Vidor Parkway, located on the west side of Vidor Parkway between Seven Mile Road and Pembroke Avenue in the South 1/2 of Section 6, from PO III to OS, the Planning Commission does hereby recommend to the City Council that Petition 2011-10-01-07 be approved for the following reasons: 1. That OS zoning is compatible to and in harmony with the surrounding zoning districts and land uses in the area; 2. That the rezoning the parcel to OS provides assurance that the use remains office but allows greater flexibility in terms of the building height; 3. That OS zoning is consistent with the developing character of the area; 4. That OS zoning would provide for the development of the subject property in a manner that is consistent with its size and location; and 5. That OS zoning is consistent with the Future Land Use Plan which recommends office use in this area. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. Mr. Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. Mr. Wilshaw: I'm going to offer a request for a seven day waiver for the Minutes so that this process can gel moved along a little faster as requested by the developer. On a motion by Wilshaw, seconded by Taylor, and unanimously adopted, it was #10-60-2011 RESOLVED, that the City Planning Commission does hereby determine to waive the provisions of Section 10 of Article VI of the Planning Commission Rules of Procedure, regarding the effective dale of a resolution after the seven-day period from the dale of adoption by the Planning Commission, in connection with Petition 2011-10-01-07 submitted by Northern Equities Group, pursuant to Section 23.01 of the City of Livonia Zoning Ordinance #543, as amended, requesting to rezone a portion of the property at 19401 Victor Parkway, located on the west side October 25, 2011 25859 of Vidor Parkway between Seven Mile Road and Pembroke Avenue in the South 1/2 of Section 6. Mr. Morrow, Chairman, declared the motion is carded and the foregoing resolution adopted. It will go on to City Council with an approving resolution so Council can schedule your petition earlier. ITEM #2 PETITION 2011-08-02-12 AMC LIVONIA 20 Ms. Scheel, Secretary, announced the next item on the agenda, Petition 2011- 08-02-12 submitted by American Multi -Cinema, Inc. requesting waiver use approval to utilize a Class C liquor license (sale of beer, wine and spirits for consumption on the premises) in connection with a multi -screen movie theatre (AMC Livonia 20) at 19500 Haggerty Road within the Pentagon Centre, located on the east side of Haggerty Road between Seven Mile Road and Eight Mile Road in the Southwest 1/4 of Section 6. Mr. Taormina provided background on the item and presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Taormina: Class C liquor licenses are allowed within the C-2 classification under Section 11.03 of the Zoning Ordinance, subject to waiver use approval. AMC Livonia wishes to add a small service bar and seating area for the purpose of providing alcoholic beverages. The license would involve an intracounty transfer of a Class B Hotel license that would then be converted to a Class C license. The bar would be located at the end of the corridor that connects the main lobby to the theatres at the north end of the complex in an area where a concession stand is currently located. There would be five bar stools located adjacent to the bar, and then on either side of the bar, they would provide customer sealing. They show six tables each containing three chairs. Section 11.03(h)(1) of the ordinance specifies that a Class C licensed establishment shall not be located within 1,000 feet of any existing Class C licensed establishment. This can be waived by action of the City Council. There are five existing Class C licensed businesses within 1,000 feel of the proposed license at the AMC Theatre complex. The first is Bahama Breeze, which is at a distance of about 318 feel. Then there is Champps Americana at a distance of 340 feel. Hyatt Place Hotel to the south carries a license, and they are about 500 feet from the AMC theatre. J. Alexanders is about 700 feet. Lastly, Macaroni Grill is actually outside of the complex, but it within 1,000 feet of the movie theatre. October 25, 2011 25860 Mr. Morrow: Do we have any correspondence? Mr. Taormina: There are several items of correspondence. The first dem is from the Engineering Division, dated October 17, 2011, which reads as follows: "In accordance with your request, the Engineering Division has reviewed the above -referenced waiver use request. The legal description provided appears correct. The address for this site is confirmed to be 19500 Haggerty Road." The letter is signed by Kevin G. Roney, P.E., Assistant City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated October 13, 2011, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to utilize a Class C liquor license on the property located at the above referenced address. 1 have no objections to this proposal." The letter is signed by Ead W. Fesler, Fire Marshal. The third letter is from the Division of Police, dated October 13, 2011, which reads as follows: "1 have reviewed the plans in connection with the petition. 1 have no objections to the proposal. Upon visiting the site on 10/12/11, 1 observed that the paving bricks in the front (west) fire fane/drop off area are sinking where the bricks meet up to cement borders. The cement borders have also heaved. This created dips in the fire lane at both ends of the paved brick area creating trip hazards. 1 spoke with the manager and building maintenance supervisor, who were both on site. They indicated they would address the issue." The letter is signed by John Gibbs, Sergeant, Traffic Bureau. The fourth letter is from the Division of Police, dated October 19, 2011, which reads as follows: "We have reviewed the plans in connection with AMC Livonia 20 Class C license request, located at 19500 Haggerty (west side of Haggerty Road between 7 and 8 Mile Roads). We have no objection or recommendations to the plans as submitted as long as they comply with: (1) All State Laws, (2) City Ordinances, (3) Stipulations and conditions set by the Livonia Police Department Liquor Investigation Unitas approved by the Chief of Police, and (4) Stipulations and conditions set by the Traffic Bureau of the Police Department" The letter is signed by Donald E. Borieo, Sergeant, Special Services Bureau. The fourth letter is from the Inspection Department, dated October 18, 2011, which reads as follows: "Pursuant to your request, the above -referenced petition has been reviewed. The following is noted. This site would require standard building and/or mechanical permits for any changes or alterations to be made. This department would review these plans at the time of submission to ensure compliance. This Department has no further objections to this petition." The letter is signed by Alex Bishop, Director of Inspection. The next letter is from Gary October 25, 2011 25861 Bloom, dated October 11, 2011, which reads as follows: "The undersigned and his wife, Janice L. Bloom, the owners of the historic property located at 39040 W. Seven Mile Road which is operated as a law office. We are in receipt of the Notice of Pubic Hearing scheduled for October 25, 2011. Both my wife and myself fully support the Petitioner in their request and fully believe that it would be in the best interests of the City to promote its business by granting what American Multi -Cinema, Inc. requests. AMC Livonia 20 is a well run business which 1 consider to be a credit to the neighborhood and the community. Since the area is 100 percent business, 1 see no downside whatsoever. Please grant the petition of American Multi - Cinema, Inc." The letter is signed by Gary M. Bloom. That is the extent of the correspondence. Mr. Morrow: Are there any questions for the stair? Seeing none, is the petitioner here? We'll need your name and address for the record. John B. Carlin, Jr., Carlin Edwards Brown P.L.L.C., 2855 Coolidge Highway, #203, Troy, Michigan 48084. Thank you very much. We made the presentation the last time we were here. I reiterate the fact that this is a request to simply add another service to the theatre. Its not only for competition because, for example, Emagine Theatre is doing it very successfully, but it is expanding what is available at this theatre. They have 25 theatres across the country that have this service and they have an excellent record over the last 10 years. They want to increase the quality of the theatre, the quality of the equipment. They continue to expand. In fad, I might mention that when I was here before the last meeting we had upstairs, I went over to the theatre and they were repairing and replacing all of those bricks and whatever the wall they were talking about. That has all been done. It was done immediately. Emagine Theatre is being successful, as I indicated, in providing alcoholic beverages to customers. AMC has done it. Its interesting that it represents only 5 percent of their gross sales, and it is very rare that somebody would come up and gel one drink, then go into the theatre to consume it, and come back out to get another one. It doesn't happen obviously because they would miss part of the show that they're there to see. I've done it myself, where we're meeting another couple at the theatre to go see a show, and we'll meet them at the bar, have a drink, and then go in and watch the show. They've indicated that 90 percent of the people that do have a cocktail, that's all they have and then leave. So it's done successfully. We talked to Sergeant Borieo. We talked to the Deputy Chief this week, kind of assured them that we can do this without any problems. As you can see from October 25, 2011 25862 their letter, they have no objections, and we've indicated that we would work with them in the supervision of the service. The employees, as I indicated at the last meeting, are all specifically trained. They have monitors that do nothing but go around and make sure that there's no abuse or violations of the law. Anybody that's caught with anything is immediately ejected from the theatre without a refund. Their experience is very good, and they just don't have a problem with it and they don't expect anything here. Trevor Baker, the General Manager of the theatre here in Livonia, is here if you have any questions. I was going to indicate that this is what you see and it's at the far end of the theatre itself. Its sort of off the beaten path a little bit. It's not right out in your face as you walk into the theatre. If there is a heavy youth -type show or program on where they expect a lot of kids there, then they will shut the bar down for that period of time. They know that this is a serious issue with the community. It is with them. They don't want to lose. They don't want to get in any problems. So I think that you'll find they are most cooperative and will do this without an issue. Mr. Morrow: Let's see ifwe have anyquestons, Mr. Carlin Ms. Smiley: About your personnel, I frequent that theatre frequently. I was wondering who the personnel that will be checking ID's and sluff are because a lot of your staff are young. Mr. Carlin: All of the employees will be responsible, but there are specific employees that will be involved in checking the ID. Anybody that wants to get an alcoholic beverage will be carded. In fact, everybody is carded if they ask for it, even myself would be carded. If you go back, even though they might remember you, they card you again. You are only entitled to one drink. All of the employees that have anything to do with monitoring or with the service will all be trained in one of the Michigan Liquor Control Commission's approved programs. That will be a requirement of all employees that are involved in that. Now if you've got somebody that's a ticket seller that is going to be in the ticket booth and not out monitoring them, they may not be trained, but all management employees will be. And they do this in all of theirs. They have their own sting operations. They have their own monitors, as I indicated. They take this very seriously. Ms. Smiley: My second question was on the hours of operation of the bar. Mr. Carlin: The hours of operation would be, well, depending on what it is. Its probably not going to start until around 4:00, 4:30 p.m., perhaps different on the weekends, but it will close down within October 25, 2011 25863 one half hour of the ending of the last film. Trevor, what would that be? Trevor Baker Basically 1:30 would be the last ... Ms. Smiley: We're going to need him up to the microphone for his name and address for the record please. Trevor Baker, 19500 Haggerty Road. The plan would be that the last movie would go in somewhere around 11:30, 12:00 and after that would be the 30 minute delay. We typically close our concession stand around the same time so that would be the plan for that as well. Ms. Smiley: Thank you. Mr. Taylor: Would you be against us putting a limitation in the resolution 6:00 p.m. to 12:00 a.m.? Mr. Carlin: We'd have to check that, but I think ... Mr. Taylor: There's a lot of reasons. We had meetings upstairs and I was fortunate enough to gel there. There's a couple questions that I have. We did talk about the hours. I hale to leave it loose where there's a lot of kids going in from 2:00, 3:00, 4:00 p.m. I would think an adult crowd would be from 6:00 p.m. to 12:00 a.m., like you say, the last movie. I just wondered if that would be a problem. Mr. Carlin: The 12:00 a.m. probably wouldn't be a problem. I go earlier than 6:00 p.m. myself, for example, but you might want to make it 5:00 p.m. or something like that. Mr. Taylor: Well, even 5:00 p.m. I could go along with 5:00 p.m., but I think in the afternoon I just don't want to see the bar open in the afternoon for one reason or another. Mr. Carlin: Okay. If that's in your motion, then ... Mr. Taylor: We haven't made a motion yet, but that's what I'm thinking about. The other thing that we talked about was a wristband. Like you said, a person can go up and get only one drink, and they cant get two drinks because I want to get it for my friend here or whatever. You can only get one drink and the other friend has to come up and get another drink. Mr. Carlin: That's correct. October 25, 2011 25864 Mr. Taylor: You say you're only going to serve two drinks at the maximum. How do you know how many drinks the person has had without having a wristband on and knowing you've already served them once? Mr. Carlin: Or before they got there. Mr. Taylor: Pardon? Mr. Carlin: Or before they came to the theatre. Mr. Taylor: Well, you don't know that, before they come to the theatre. That's a different story, and that's up to the bartender. Any good bartender will recognize someone who has had a little bit too much to drink and then not serve them. I'm hoping those bartenders will be alert. Mr. Carlin: We indicated that. Even without you asking for it, they're going lodo that. Thal'sjusltheir own protection and their own... Mr. Taylor: When we talked to the Police Department upstairs at the meeting we had, they were all in favor of having a wristband. Mr. Carlin: Yes. And we can do that. Mr. Taylor: I'd like to have a wristband on. Mr. Carlln: We can do that. I've talked to them since that meeting and Trevor and I even said that's fine. Mr. Taylor: Evidently, you said you've used those in the past. Mr. Carlin: In fact, we were talking about ones that are illuminated. Mr. Taylor: They glow in the dark or something like that so you can know when you go in the theatre that the person who is drinking a drink is of age and they didn't give it to somebody else. So you're willing to do that also? Mr. Carlin: Right. And even if they have the armband, they're all re -carded if they go back out. Anybody that is getting a drink, whether they've got the armband or not, is carded. Mr. Taylor: I understand that, but I get a drink, I go into the theatre and I put It in the cup holder on the other side and this fellow here decides he's going to drink it. Well, he doesn't have a wristband on. So they can say, oh, wail a minute. You're not old enough. October 25, 2011 25865 Mr. Carlin: Right. That's what the monitor is for, to make sure that ... Mr. Taylor: Thats what I mean. You said you had monitors in there and thats what the wristband will do. Thats what I'm gelling at. Okay? Mr. Carlin: We're going to do the wristbands. Mr. Taylor: Okay. So that wasn't mentioned. That's why I wondered about R. We talked about it but we didn't go further with it. The other thing is, you said that there would be no liquor sign out on the outside of the building. Mr. Carlin: Correct. Mr. Taylor: And you have to have a ticket to gel in. We talked about the fact that somebody could go in there because of the liquor license, and go in and buy a beer or whatever they wanted to buy and not go to the show. Evidently you have to have a ticket to gel through the first mezzanine. Mr. Carlin: And that is okay under the rules and regulations of the Liquor Commission as long as the public can buy a ticket. Theoretically, it's open to the public. Mr. Taylor: But with the way the theatre operates, they can't gel into that unless they have a ticket like they're going to go to the show. Mr. Carlin: Correct. That's their policy. That's the way they operated. Yes. Mr. Wilshaw: Just to follow up on this concept of limiting the hours to the evening hours basically. I like the direction that Mr. Taylor is headed there. To the manger of the theatre, what would constitute a matinee show time and what would constitute a non -matinee or evening ... what are the typical starting times of those shows? Mr. Baker: From a pricing standpoint, we start using increased pricing at 4:00 p.m. Friday, Saturday, Sunday and holidays, and then during the week, or non -peak times, 6:00 p.m. But the majority of the time the majority of the business would be on the weekend, so we're looking at 4:00 p.m. would be when we start to charge more and when we start to see an increase in attendance. Mr. Wilshaw: Thankyou. Mr. Morrow: Is that all, Mr. Wilshaw? October 25, 2011 25866 Mr. Wilshaw: Yes. I'd like to see how this plays out in the motion, if its going to incorporate it. Thank you. Ms. Smiley: I go to that theatre a lot. If you go before 6:00 p.m., I know it's a different rale. I don't think people are going to go to get loaded before the show. With the cost of popcorn, I can imagine what a drink would cost. I'm sure you're not going there with that intent, but I could see where if you wanted to go to one of those earlier shows that are before 6:00 p.m., you might like to have a drink before, go to the show, and then go to dinner or something afterward. So I don't know that 6:00 p.m. seems a little Tale. I think you could start a Iittie earlier from my perspective. Mr. Baker: And I think we've seen at other locations that that has not been an issue as far as the time of opening. With the measures that are in place and the strict adherence to ordinances, to the best of my knowledge and I've been briefed on it recently, they haven't had any other issues in any other jurisdictions across the United Slates that they've done this where they've had to worry about someone coming in. The price point is set, I believe, at a point where you're not going to gel people who come in and spend hundreds of dollars and not go see a movie. The adults that are coming in, especially in this area, are going to be responsible enough to come in and have their one alcoholic drink and then head into the theatre. Ms. Smiley: Are there any other AMC theatres in Michigan that have this? Mr. Baker: No other AMC's, no. There are several. The Emagine theatres all do it in the area. Ms. Smiley: I know there's one in Birmingham that has R. I know there's a number of them out there. Mr. Baker: There are. Yes. This would be the first for AMC in Michigan. Ms. Smiley: Okay. Thank you. Mr. Taylor: After the show is over, do you go through and clean up everything out of there to make sure all the empty glasses or part empty glasses are picked up? Mr. Carlin: I believe that is done after every movie. Mr. Baker: Its done after every movie and its done at the end of the evening, a more thorough cleaning. After every movie, we clean up enough just to make sure no one is sitting in garbage October 25, 2011 25867 or trash, but at the end of the evening, every theatre is cleaned meticulously with lights on, floors mopped, seats cleaned, things like that. Mr. Taylor: Well, compromise is the greatest form of government, so I'd go along with 4:00 p.m. Mr. Morrow: Is there any other comment relative to that? You know we're not trying to work a hardship on him, but we want to come up with something that makes sense relative to selling liquor by the glass. Mr. Taylor, I don't hear any objections to 4:00 p.m., which would be the start of their peak period. Mr. Taylor: That's what I was saying. Four o'clock is when the rates change. Ms. Krueger: I guess I do have a comment about that, Mr. Chair. I know in our study session meeting you mentioned that a lot of limes a parent will come in, sit at the bar while their child or friends or whatever are sitting in a theatre. If they come at noon on a Sunday, they're not going to be able to sit at the bar and have a drink and watch maybe a game or whatever is on the TV while their child is in the theatre. So in that case, maybe on weekends I would see maybe possibly extending the hours to an earlier time. Ms. Scheel: Are you thinking like 12:00 p.m. to 12:00 a.m. on the weekends? Ms. Krueger: Possibly. Ms. Scheel: For Saturday and Sunday? Mr. Carlin: And holidays. Ms. Scheel: Yes, and holidays. Mr. Taylor: They talked about it's only five percent of their business. I guess if it's only five percent, it's not a big percentage as far as I'm concerned in theatres. Whatever works. Mr. Carlin: I agree with that it's only five percent, but it's still part of the service. It's something you give the customer an option to do. Other theatres are doing it. They're doing it successfully. Emagine, I've represented them since day one. They've never had a violation and they're in communities where they have the sling operations and soon. It can be done. October 25, 2011 25868 Mr. Taylor: I guess I'm just at the point where if I'm going in to lake my son or daughter to see a movie, and I'll say, "Go ahead, Chadie and Janie. I'm going to have a beer while you're in there." I just don't see too many people doing it. Mr. Carlin: What happens is, somebody drops off their child and they go into the theatre and they know that the movie is over at 4:00 p.m. So they're there at a quarter to four and while they're wading, everybody gets out. There's one place you can tell the kids, "All right. We'll be at the bar wailing for you." That's easy. Mr. Taylor: That's a great lesson for the kids. I'll be at the bar. And I'm Irish. Don't gel me wrong. Mr. Wilshaw: In all faimess, I don't think there's any way this discussion can ever sound appropriate the way we're going. It just doesn't sound right. I'll be having a cocktail when you come out. It just doesn't sound right, but this is my opinion. Mr. Morrow: About the hours of operation, when we talked about you open from 4:00 p.m. One Commissioner has talked about noon on weekends. How does that mesh with your business plan? Mr. Baker: I think ultimately when we've done this in other businesses, we had d open from the time that the doors open, which is typically 10:00, 10:30 a.m. They might not see an uptake in the sales, but that option is there. I would say that typically our attendance starts to peak about 12:00 p.m. Shows between 10:00 a.m. and 12:00 p.m. are relatively few and far between, but starting at about 12:00 p.m. on the weekends is when we start to see an uptake in attendance, and then we hit another uptake around 4:00 p.m. and then throughout the evening itjust starts to ... Mr. Morrow: So if the motion were to be noon on weekends, you would open during those hours as opposed to the 4:00 or 4:30 p.m'? Mr. Baker: Whatever the motion is, we'll be able to staff it appropriately. We're going to make sure we have the appropriate number of people on staff that can provide the type of service and the type of monitoring that is needed. Mr. Morrow: As long as we're talking about staffing, at one of the meetings you indicated that your bartenders are not part of the normal theatre staff and they're trained specifically. Could you tell us a little bit about the training they go through if they're going to be working in the lounge area? October 25, 2011 25869 Mr. Baker: Sure. I have not gone through it myself yet. We didn't want to put the horse before the cart. From what I understand, there is what is called a TIPS training program that is utilized through a lot of different establishments. It's not just about alcohol enforcement and pouring, but its about recognizing individuals that have had too much to drink. Its about properly disposing of glasses from the theatre. It really would be a program that everybody would go through. We also have people coming in from different bartending professions that would leach us basically how to utilize the equipment properly so it's not just, "Here's the equipment. Go ahead and use it." Several different training programs would be in place for all the management staff to make sure that proper utilization is in place. Mr. Carlin: Just to answer that, and that's what I'm most familiar with, there are training programs approved by the State. TIPS is one of them, but the one I recommended to the gentlemen that were at the meeting last week, is what is called ServSafe, which is funded and part of the National Restaurant Association. It's much better because it uses a film program. It is interactive and they have the testing. "Now, does that person look intoxicated?" Its a much more explanatory type training program. It costs a little more but all of the experts are saying that is the best, and I think that's something that we're probably going to do. We talked after the meeting the other day about that. That's the best program in the State by far. Mr. Morrow: That would be your recommendation should this go through? Mr. Carlin: Yes. Mr. Morrow: Is there anything else before I go the audience? Is there anybody in the audience that wishes to speak for or against the granting of this petition? Seeing no one coming forward, I will close the public hearing and ask for a motion. On a motion by Smiley, seconded by Krueger, and adopted, it was #10-61-2011 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on October 25, 2011, on Petition 2011-08-02-12 submitted by American Mulfi-Cinema, Inc. requesting waiver use approval to utilize a Class C liquor license (sale of beer, wine and spirits for consumption on the premises) in connection with a multi -screen movie theatre (AMC Livonia 20) at 19500 Haggerty Road within the Pentagon Centre, located on the east side of Haggerty Road between Seven Mile Road and Eight Mile Road in the Southwest 1/4 of Section 6, which property is zoned C-2, the Planning October 25, 2011 25870 Commission does hereby recommend to the City Council that Petition 2011-08-02-12 be approved subject to the following conditions: 1. That the use of a Class C license at this location shall be permitted only under the circumstances that the Zoning Ordinance standard set forth in Section 11.03(h)(1) requiring that there be at least a 1,000 foot separation between Class C licensed establishments is waived by the City Council. 2. That the hours of operation for the bar area shall be limited to 4:00 p.m. to 12:00 a.m. Monday through Friday, and 12:00 p.m. to 12:00 a.m. on Saturdays, Sundays and holidays; and 3. That wristbands shall be used to identify individuals who have purchased alcoholic beverages. Subject to the preceding condition, this petition is approved for the following reasons: 1. That the proposed use complies with all of the general waiver use standards and requirements as set forth in Section 19.06 of the Zoning Ordinance #543; 2. That the subject site has the capacity to accommodate the proposed use; 3. That the proposed use is compatible to and in harmony with the surrounding uses in the area; and 4. That the proposed Class C licensed establishment would be utilized primarily as an accessory use to the theatre. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543, as amended. Mr. Morrow: Is there any discussion? Ms. Scheel: Ms. Smiley, can you repeat those hours again? Ms. Smiley: That the hours of operation for the bar area shall be limited to 4:00 p.m. to 12:00 a.m. Monday through Friday, and 12:00 p.m. to 12:00 a.m. on Saturdays, Sundays and holidays. Ms. Scheel: Okay. Thank you. October 25, 2011 25871 Mr. Morrow: Mr. Taylor, did you want to integrate the wristband? Mr. Taylor: That's what I was going to ask. If you have no problem with it, we should put that in the resolution. Mr. Carlin: We're going to do it anyway. Mr. Morrow: Then I think we should put it in the resolution. Mr. Taylor: It should probably be in the resolution if you'd like to put that in, Mrs. Smiley. Ms. Smiley: Do you have some wording for that ... that armbands identify prospective drinking clients? Mr. Morrow: It would be illuminated. Mr. Carlin: They're not illuminated. They will glow a little bit, iridescent and the light from the film picks it up. A wristband will be given to those that are allowed to be served alcoholic beverages. Mr. Taylor: There was one other point that was made upstairs and it was a good point. They've got to make sure that they can't carry liquor out through one of those exit doors. I dont know whether you're going to have signs there or people there or whatever. Mr. Carlin: That's State statute. You don't have to put that in. Mr. Taylor: Thankyou. Mr. Morrow: Did we get that verbiage down? Does the maker and the supporter go along with that? Ms. Smiley: Yes. Ms. Krueger: Yes. Mr. Morrow: Any other discussion? Seeing none, I'll call for the roll. A roll call vole on the foregoing resolution resulted in the following: AYES: Smiley, Krueger, Taylor, Scheel, Morrow NAYES: Wilshaw, Bahr ABSTAIN: None ABSENT: None October 25, 2011 25872 Mr. Morrow, Chairman, declared the motion is carded and the foregoing resolution adopted. It will go on to City Council with an approving resolution. Mr. Carlin: Would you consider a seven day waiver? Ms. Smiley: I would. Mr. Morrow: Have you been in contact with the Council office? Mr. Carlin: Yes. Mr. Morrow: You have been? Mr. Carlin: Yes. Mr. Morrow: And they can clear the agenda? Mr. Carlin: I'll work with them anyway. I can't speak for the Council agenda, but we would like to get this moving as quickly as possible. Mr. Morrow: Let's see if there is any Commissioner who wants to offer that. Ms. Scheel: Mrs. Smiley said she would. Mr. Taylor: I'll support it. What happens normally, Mr. Carlin, is you speak to this Chairman and you'll also, ahead of the meeting, speak to the President of Council to make sure you can get on. Mr. Morrow: We don't want to get in a habit of doing that, but it looks like we're going to move forward with it tonight. Did we have support? Mr. Taylor: I did. On a motion by Smiley, seconded by Taylor, and adopted, d was #10-62-2011 RESOLVED, that the City Planning Commission does hereby determine to waive the provisions of Section 10 of Article VI of the Planning Commission Rules of Procedure, regarding the effective date of a resolution after the seven-day period from the date of adoption by the Planning Commission, in connection with Petition 2011-08-02-12 submitted by American Multi - Cinema, Inc. requesting waiver use approval to utilize a Class C liquor license (sale of beer, wine and spirits for consumption on the premises) in connection with a multi -screen movie theatre (AMC Livonia 20) at 19500 Haggerty Road within the Pentagon October 25, 2011 25873 Centre, located on the east side of Haggerty Road between Seven Mile Road and Eight Mile Road in the Southwest 114 of Section 6. Mr. Morrow: Would you call the roll, please? Ms. Scheel: This is the roll on the seven day waiver, correct? Mr. Morrow: Yes. A roll call vole on the foregoing resolution resulted in the following: AYES: Smiley, Taylor, Krueger, Scheel, Morrow NAYES: Bahr, Wilshaw ABSTAIN: None ABSENT: None Mr. Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #3 PETITION 2011-10-06-01 ZONING ORDINANCE AMENDMENT Ms. Scheel, Secretary, announced the next item on the agenda, Petition 2011- 10-06-01 submitted by the City Planning Commission, pursuant to Section 23.01(a) of the Livonia Zoning Ordinance, as amended, to determine whether or not to amend Subsection (a) of Section 26.04 (Permitted Uses) of Article XXVI so as to permit the Livonia City Council to waive the minimum three (3) story building height requirement in PO, High Rise Professional Office Districts. Mr. Taormina: This is a language amendment to the Zoning Ordinance that would affect Section 26.04(a). It really stems from and is an outgrowth of the discussion we had earlier this evening and the petition we will see shortly, which is the development of the land on Victor Parkway. Although this language amendment is not being done timely enough to be implemented to affect that petition, it's something that we felt we'd present to the Planning Commission as a means to avoid the need to either rezone land or obtain a variance for the purpose of modifying the building height within the PO, Professional Office district. What it would do is allow the City Council to waive the minimum three story building height that is required in PO Districts. Currently, Section 26.04(a) allows office uses in buildings that must be October 25, 2011 25874 over two stones in height. The amended language would provide the City Council the necessary authonty to waive the minimum height requirement by means of a two-thirds majority vote. This would allow for one or two story office buildings where deemed appropriate. Again, currently the only options available would be to either rezone the property or, where a unique hardship might apply, obtain a variance from the Zoning Board of Appeals. The amendment as proposed would provide greater flexibility under the current regulations and streamline the decision-making process. Your packets include the amendatory language which is three lines of text that would be inserted in subsection (a) of Section 26.14. Thank you. Mr. Morrow: Are there any questions of Mr. Taormina Mr. Taylor: Just a comment and Mr. Taormina did an excellent job on it. The problems we have now with the way people are moving around and it takes at least three months to get a rezoning proposal passed because there are a lot of public hearings and publications you have to put in the newspaper. People now are in a hurry. What this ordinance will do is allow someone to come in with that PO III District and allow the Council to waive it with a two story building rather than having to build a three or 12 story building. Mr. Morrow: Thank you, Mr. Taylor. Because this is a petition brought forth by the Planning Commission, I'm going to go to the audience. Is there anybody in the audience that wishes to speak for or against the granting of this petition? Seeing no one coming forward, I'm going to close the public heating and ask for a motion. On a mo0on by Taylor, seconded by Wilshaw, and unanimously adopted, it was #10-63-2011 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on October 25, 2011, on Petition 2011-10-06-01 submitted by the City Planning Commission, pursuant to Section 23.01(a) of the Livonia Zoning Ordinance, as amended, to determine whether or not to amend Subsection (a) of Section 26.04 (Permitted Uses) of Article XXVI so as to permit the Livonia City Council to waive the minimum three (3) story building height requirement in PO, High Rise Professional Office Districts, the Planning Commission does hereby recommend to the City Council that Pe00on 2011-10-06- 01 be approved for the following reasons: October 25, 2011 25875 1. That the proposed language amendment would provide greater flexibility under the current regulations and help streamline the approval process; 2. That the proposed language amendment is in the best interests of the City and its residents. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 23.06 of Zoning Ordinance #543, as amended. Mr. Morrow, Chairman, declared the motion is carded and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #4 PETITION 2011-10-08-09 NORTHERN EQUITIES Ms. Scheel, Secretary, announced the next item on the agenda, Petition 2011- 10-08-09 submitted by Northern Equities Group, on behalf of Infineon Technologies, requesting approval of all plans required by Section 18.58 of the Zoning Ordinance in connection with a proposal to construct an office building on a portion of the property at 19401 Victor Parkway, located on the west side of Victor Parkway between Seven Mile Road and Pembroke Avenue in the South 1/2 of Section 6. Mr. Taormina: Item #1 on tonight's agenda involved the rezoning of this same four acre parcel. The item currently before you is a review of the site plan. This property is on the west side of Victor Parkway between Seven Mile and Eight Mile Roads. Its a portion of the vacant parcel that exists between Doc's Sports Reheat and New Big Daddy's restaurant to the south, and Davenport University immediately to the north. To the north of that is the Embassy Suites Hotel. The site plan as presented shows the proposed building being located generally near the middle of the property. This would be a two story building totaling 46,300 square feel, two floors of equal size. Primary access to serve the site would be from a single drive located off Victor Parkway near the southeast comer of the property. In addition, there is a second point of ingress and egress shown in the northeast corner of the parking lot via a connection between this site and the Davenport University properly. In terms of parking, Section 18.38 of the ordinance requires parking for business or professional offices to be provided at a ratio of roughly 1 parking space for each 200 square feet of useable floor area. What that translates to for this site is a requirement for about 185 parking October 25, 2011 25876 spaces. The site plan provides for a total of 232 packing spaces, resulting in a surplus of 47 spaces. Also, Section 2.09 of the ordinance allows office centers which are over 15,000 square feet in area to have up to 90 percent of the required parking to be stcped at a dimension of 9 feel in width as opposed to 10 feet. Because this is a general office for sales, research and development, it qualifies and would be allowed for up to 90 percent of the spaces to be stcped at 9 feel in width. What this plans shows is about 87 percent of those spaces, or 194 spaces altogether, would measure 9 feel in width. This would apply only to the non -barrier free employee parking spaces. There are a number of barrier free spaces that meet the State requirement, and then also 30 visitor spaces, all of which are shown to be 10 feel in width. This parking would be located adjacent to the south and east sides of the building. The primary customer or visitor entrance would be located on the south side of the building, and secondarily along the east side of the building. So all of those 10 foot stcped spaces would be located closest to the building to accommodate visitors. The plan provides for parking lot lighting to be provided via full cutoff, box -type, metal halide fixtures that would be mounted on 20 fool high poles, which complies with our height standard as it relates to parking lot lighting. All of the lighting will be provided within and around the parking areas, as well as adjacent to the building and pedestcan walkways. They've submitted a landscape plan which shows that about 26 percent of the total site area will be landscaped. So even though the plan provides a surplus of about 47 parking spaces, they are still able to provide excess amounts of landscaping on the site. The plan shows the areas that would be landscaped. You can see the islands within the parking lot. The entire perimeter of the site, with the exception of the two driveways, would be landscaped, and a generous amount of landscaping will be provided around the perimeter of the building. The plan shows a total of 33 trees, which are mostly deciduous in nature. There are 45 shrubs planted throughout the development, including around the building and in and around the parking areas. The plan also indicates that all of the disturbed areas will be sodded and be fully irrigated. This is a rendering of the proposed building. It will contain a flat roof. The building would be constructed out of a combination of beige colored utility brick. This will be a full four inch brick. You can see the glass or the glazing throughout the building. This is also characteristic of all four sides of the building. The flush metal panels are located both along the lop of the building and separating the glazing between the first and second floors. The same type of metal panel system will be installed to mark the entryways on all four sides of the building. There are two colors that will be utilized with the metal panel October 25, 2011 25877 system. The silver will be along the lop portions of the glazing and between the first and second floors, and then also this red panel system would be used around the entry doors. In terms of storm water detention for this site, this is provided within the existing pond located to the south of Doc's Sports Retreat. This basin was designed and constructed to accommodate the runoff from several of the sites within the Victor Park development, including this property. Lastly, with respect to signage, they are allowed one identification sign not to exceed 16 square feet in area that can be either in the form of a wall sign or a monument sign. Infineon is proposing three signs, and this rendering shows one of the two wall mounted signs. I believe the sign they propose to install for visibility for northbound traffic on I-275 would be on the south side of the building. A very similar sign would be placed on the west elevation of the building which would be visible for southbound traffic on I-275. It really presents a good opportunity to gel name recognition for Infineon in a way that is very consistent with the scale of the building. They're also proposing a monument sign out near Victor Parkway, which would obviously direct people coming into the site since that's the primary entrance. The sign package will require approval by the Zoning Board of Appeals. Thank you. Mr. Morrow: Mark, did you say the sign package will come later, or do we have that tonight? Mr. Taormina: I think we're good to approve the sign package this evening, but it will have to go before the Zoning Board of Appeals Mr. Morrow: Okay. Thanks. We'll have the correspondence now, please. Mr. Taormina: There are four items of correspondence. The first item is from the Engineering Division, dated October 17, 2011, which reads as follows: "In accordance with your request, the Engineering Division has reviewed the above -referenced site plan approval request. The legal description provided is comect. The address for this site is confirmed to be 19401 Victor Parkway. The plans which were submitted are preliminary. It is noted that storm water detention has already been provided for this site. Should this project proceed, the Engineering Division requires three sets of plans be submitted for review. As a part of that process, the existing detention pond will be reviewed from a maintenance standpoint to address any needed maintenance. In addition to this, the review will also look at any site changes which would impact public utilities, road nrght-0f--way, easements, or changes in storm or sanitary sewer volumes. Please contact me should you have any additional questions on this matter." The letter is signed by Kevin G. Roney, P.E., Assistant City Engineer. The October 25, 2011 25878 second letter is from the Livonia Fire & Rescue Division, dated October 17, 2011, which reads as follows: "This office has reviewed the site plan submitted in connection with a proposal to construct an office building on a portion of the property at the above referenced address. 1 have no objections to this proposal with the following stipulations: (1) An on-site hydrant shall be located between 50 feet and 100 feet from the Fire Department connection. (2) Adequate hydrants shall be provided and located with spacing consistent with the use group." The letter is signed by Ead W. Fesler, Fire Marshal. The third letter is from the Division of Police, dated October 13, 2011, which reads as follows: 9 have reviewed the plans in connection with the petition. 1 have no objections or recommendations to the plans as submitted." The letter is signed by John Gibbs, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated October 18, 2011, as revised, which reads as follows: "Pursuant to your request, the above - referenced petition has been reviewed. The following is noted. (1) This property review was conducted with a zoning classification of OS (Office Services). (2) We recommend all landscape areas be completely irrigated. (3) This site in an OS District would be allowed either one wall sign on the front elevation or one freestanding sign of 16 square feet Any signage above those allowances regarding size, number or location would require a zoning variance from the Zoning Board of Appeals. This Department has no further objections to this petition." The letter is signed by Alex Bishop, Director of Inspection. That is the extent of the correspondence. Mr. Morrow: Are there any questions for the staff? Mr. Wilshaw: Just one quick brief question for Mr. Taormina. Because they're putting in nine fool spaces for the bulk of the parking, are the 10 fool spaces required to be marked in some way as visitor spaces or is that up to the individual petitioner to do that? Mr. Taormina: They must be marked, so they would have to have some signage which they could probably install on the other side or adjacent to the sidewalk area. So there are opportunities where they could mark those spaces for visitors. Mr. Wilshaw: Okay. Thank you. Mr. Morrow: Are there any other questions? Seeing none, we'll call the petitioner back. Give us your name and address again for the record please. October 25, 2011 25879 Matthew S. Sosin, President, Northern Equities Group, 39000 Country Club Drive, Farmington Hills, Michigan 48331. 1 think Mark did a pretty good job explaining the building. I hope you like the rendering. Infneon really liked it. We tried to make it a little tech-ier. They're a semiconductor company so that was the concept behind the design. Mark, is correct. The north and south sides of the building will look malenally similar. I don't think the south side will have that canopy on the bottom, but it will have the red paneling. This is a sample of the red paneling. Its got a coaling that lasts forever. We've used it before. The brick will be full bricks. This is kind of the color where we think we're going. This is obviously just a sample board, but they're real brick. The lop silver sun shade, if you will, is going to be something like this color, aluminum. Mark didn't mention il, but it is going to be at a minimum a LEED certified building, so the sun shades are a part of that LEED designed. Then we're in discussions with Infineon to make it a LEED Silver building. At a minimum, it's going to be LEED certified. Mr. Morrow: Okay. That's what I wondered. Mr. Sosin: Yes. Some of the landscaping we'll have to change. That's part of the LEED program about low irrigation, draught resistant plantings. So that will be something we have to look at, and we've just started to do that right now. Mr. Morrow: That sounds good. Are there any questions for this gentleman? Mr. Bahr: How many people do you anticipate having in this building? Do you have any idea? Mr. Sosin I think their counts for the next few years are 150 plus or minus. They have a lot of visitors, a lot of clients that come to the building. A lot ofdesign meetings happen atthe building, which is reallylhe requiremenlforthe large parking. Mr. Bahr: Which is what I was getting at, I mean, 232 spaces. Is that really necessary? It just seems pretty high. Mr. Sosin: Yeah. All of our buildings are parked at the same ratio or more. Some of my buildings are parked above five per thousand. So not only as the developer do I need to think about Infneon's need, but I need to think about just the building and my investment in the building. Most users of office today require at a minimum five per thousand parking. Mr. Bahr: Thanks. October 25, 2011 25880 Ms. Scheel: You had said that with it being the LEED certification that you were going for, there would have to be a change in some of the landscaping. I didn't catch what you said. Mr. Sosin: Part of LEED is about recycling, using less resources. One of those resources is water. So you have to look at using draught resistant plantings. You have to use a lot of native plantings. So we'll have to probably go and do some changes to the landscape plan to reflect those native plantings and to reflect some of the draught tolerant plants that lake the winter better than just what you would normally plant in a normal development. Ms. Scheel: But that wouldn't slop you from doing the underground sprinkling or anything like that? Mr. Sosin: No. There will still be shrubs that need irrigation. Yes. For sure the site will be irigaled. Ms. Scheel: Thank you. Ms. Krueger: This is a followup to Commissioner Bahrs question about parking. Is it possible and would you be willing to landbank some of those outer spaces? Mr. Sosin: I talked about that with Infineon. They went and relooked at their headcounts and where they think they need to be. They would really like to have the five per thousand. That was part of the economic negotiations between Northern Equities Group and Infineon. Ms. Krueger: Okay. And one other question. I don't know if you know the answer to this, but the existing building at Seven and Victor Parkway, is that going to be still occupied by Infineon or used by them? Mr. Sosin: No. Ms. Krueger: No. Do you know what's going to happen? Mr. Sosin: Any more than that, I don't know anything else. Sorry. Ms. Krueger: Okay. Thank you. Mr. Wilshaw: I appreciate you bringing this package to us. This is really kind of exciting for the area. This has been a piece of property that's been sitting and doing nothing for a long time. Infineon is going to be leasing this property from you, corect? October 25, 2011 25881 Mr. Sosin: Yes. Mr. Wilshaw What is the term of that lease? Mr. Sosin: Its 10 plus years. Mr. Wilshaw: You are going to continue to own the rest of the property, the full 10 acres available, right? Mr. Sosin: Correct. Mr. Wilshaw: Do you have anything planned at this point for the rest of the property or is itjust going to wail and see how things go? Mr. Sosin: As far as a speculative development, that's probably not at this point something that we're thinking about. So we are actively pursuing some other requirements that are in the market. I'm hopeful that I'm back here very soon with another building. We kind of tested the waters as far as the market is concerned. I think it's a very attractive site. It's a great location. The visibility is probably second to none. So I think we'll be back here very soon with something else. Mr. Wilshaw: We appreciate that. You have a very impressive portfolio of properties up in Farmington and Novi and other places that you've developed. I think it's safe to assume that you've designed this property in such a way that when you decide in the future to develop the rest of the property, you'll be able to integrate it together into a campus environment. Mr. Sosin: For sure. That's really kind of our specialty as developers is developing office parks. So we're always thinking about how this building fits into its environment, and then we would do the same for the next building, which is one of the reasons why the building looks the same on both sides. There's really no back of the building. When I owned that other building that's in the back, its because I care about what people look at for that building. Its just kind of carried over. It's just how we design buildings. That's part of having that vision of environment that the building is in. Mr. Wilshaw: Okay. I did notice a couple design elements. You had indicated on the site plan that there is some possible future electric parking spaces as well for plug-in vehicles. Mr. Sosin: Correct October 25, 2011 25882 Mr. Wlshaw: I assume that goes along with Infineon's concept of LEED certification and environmental aspects. Mr. Sosin: Yes. That's correct. Mr. Wilshaw: Does Infneon have involvement in electric vehicles? Mr. Sosin: Yes, they do. Mr. Wilshaw: Okay. Very good. I think that's all I have for now. Thank you. Ms. Smiley: This is more in the way of comment. I wanted to tell you I thought your building was very attractive. I appreciate that both the north and south sides are well lake care of. I like your landscaping. The only problem I have with that is the misspelling of Livonia on the bottom there. Mr. Sosin: I apologize for that. Ms. Smiley: You might want to correct that before it goes to Council. Thank you. And by the way, thank you for the renderings, besides the renderings, the actual samples. Those are very nice. Mr. Sosin: You can keep those. Mr. Taylor: Just a comment. Infneon has been here in Livonia for quite a while. I guess they could have gone anyplace, but I have to give kudos to Mark Taormina, the Planning Director, and Mayor Kirksey for the fact that they knew they were in a hurry. They had a few meetings to try and hustle it along a little bit. That's what good government is all about. Unfortunately, Infineon could have went anyplace, like you have many different places throughout the Slate that they could have gone, and they like Livonia and they wanted to stay here. So, I think the cooperation with Mayor Kirksey and Mark Taormina brought this forward saying we can get it in. We can get it done. Because evidently their lease is running out next October. So I'm just happy that it went the way it went, and we've got a good looking building, and I think you'll be very happy and Infneon will be very happy in this area still. Mr. Sosin: I agree, and Northern Equities Group, no matter what city or municipality we're working in, we value our relationships with the Commissions, the Boards, the Planning Department, Engineering Department, and I'm very excited to work with the City of Livonia. I think you'll be happy with how Northern Equities Group does business and runs our buildings. October 25, 2011 25883 Mr. Taylor: Thankyou. Mr. Morrow: Just a brief comment. As a long time long serving Planning Commission, it has always confounded me why that site hasn't been developed before now, but I guess it was wailing for you. Mr. Sosin: That's right. Mr. Morrow: It will now become a premier location not only in Livonia but as the traffic moves north and south along 1-275. 1 just wanted to make that comment. Is there anybody in the audience that wishes to speak for or against the granting of this petition? Sir, if you would come up to the podium, we'll need your name and address for the record please. Stuart McGrath, Director of Facilities, Davenport University, 19499 Vidor Parkway, Livonia, Michigan 48152. 1 just wanted to say we're very excited to hear that its you that's going to develop that property. We were curious as to who it was. My only question is, when is the planned groundbreaking if things go through in completion? Mr. Morrow: If you could address the Chair, and then we'll go through the Chair to the petitioner. Your question is the groundbreaking? Mr. McGrath: Yes. Mr. Morrow: Do you have any knowledge of that? Mr. Sosin: Yes. First of all, lel me say, I had been in touch with the building's owner. We've talked once or twice and we've traded voicemail, so I have talked to your landlord. I appreciate you making those comments. We would expect to break ground probably in March. There might be some things that we want to do beforehand, which we would obviously have to pull the correct permits. There's some top soil. There's a berm of lop soil that we might want to get rid of this year if we can. I don't know if the timing will work with the City and the permit process. Its not the end of the world if it doesn't, but I would say we'll start in earnest probably March 1", Match 15th. Mr. McGrath: And also, what type of barrier is going to be between the two properties? Is iljusl going to be a berm? Mr. Sosin: As far as construction, there will probably be a fence between the two. As far as a berm, I don't think that there's anything on the grading plan. There's some grade difference that probably October 25, 2011 25884 would not make a bene work in that location. I dont think there will be anything. It will be landscaped as shown on the plan. Mr. McGrath: That's all I have. Mr. Morrow: Along the same line, do you have a target occupancy date with Infineon? Mr. Sosin: The target occupancy date is December of 2012. Mr. Morrow: Okay. So you'll start in Match and hopefully be occupied in December. Mr. Sosin: Yes. Mr. Morrow: Okay. Thank you. Mr. Sosin: I appreciate the quickness with which the City has responded. We've had some preliminary discussions with the Building Department, so we'll be in for a permit very shor0y. Mr. Morrow: As one Commissioner, I was excited that the property was going to be developed. I'm tired of looking at it. If there are no other comments or questions, and no one else coming forward, I'm going to ask for a motion. Mr. Wlshaw: In order to try to keep this quickness going, I'm going to read this lengthy resolution as quickly as possible. On a motion by Wilshaw, seconded by Scheel, and unanimously adopted, it was #10-64-2011 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2011-10-08-09 submitted by Northern Equities Group, on behalf of Infineon Technologies, requesting approval of all plans required by Section 18.58 of the Zoning Ordinance in connection with a proposal to construct an office building on a porton of the property at 19401 Victor Parkway, located on the west side of Victor Parkway between Seven Mile Road and Pembroke Avenue in the South 1/2 of Section 6, the Planning Commission does hereby recommend to the City Council that Pelton 2011- 10-08-09 be approved subject to the following conditions: 1. That the Site Plan marked Drawing Number P-4 dated October 7, 2011 prepared by Professional Engineering Associates is hereby approved and shall be adhered to; October 25, 2011 25885 2. That the Landscape Plan marked Drawing Number L-1 dated October 7, 2011, prepared by Professional Engineering Associates is hereby approved and shall be adhered to, except that changes to meet LEED certification shall be permitted; 3. That all disturbed lawn areas shall be sodded in lieu of hydroseeding; 4. That underground sprinklers are to be provided for all landscaped and sodded areas and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, except that changes to meet LEED certification shall be permitted; 5. That the Exterior Building Elevation Plan marked Sheet Number PEA dated October 13, 2011, prepared by Faudie Architecture is hereby approved and shall be adhered to; 6. That the back used in the construction shall be full face four (4") inch brick; 7. That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building; 8. That the three walls of the trash dumpster areas shall be constructed out of the same brick used in the construction of the building, or in the event a poured wall is substituted, the wall's design, texture and color shall match that of the building, and the enclosure gates shall be of solid panel steel construction or durable, long-lasting solid panel fiberglass and maintained, and when not in use closed at all times; 9. That the petitioner shall secure the necessary permits, including storm water management permits, wetlands permits and soil erosion and sedimentation control permits, from Wayne County, the City of Livonia, and/or the Slate of Michigan Department of Environmental Quality; 10. That all light fixtures shall not exceed twenty (20') feet in height as measured from the finish grade at the base of the structure to the top of the light fixture, and such fixtures shall be aimed and shielded so as to minimize stray light October 25, 2011 25886 trespassing across property lines and glaring into adjacent roadway; 11. That the issues as outlined in the correspondence dated October 17, 2011, from the Livonia Fire and Rescue Division shall be resolved to the satisfaction of the Inspection Department and/or Engineering Division; 12. That the signage as depicted in the aforementioned plans is hereby approved subject to approval by the Zoning Board of Appeals; 13. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and, 14. Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the date of approval by City Council, and unless a building permit is obtained this approval shall be null and void at the expirefion of said period. Mr. Morrow: Is there any discussion? Mr. Taormina: If the maker of the motion would accept a friendly amendment involving Condition #2 to offer a little flexibility in the landscape plan if it's necessary to modify some of the landscape materials in order to meet their LEED certification requirements, we'd like that ability to work with the developer as opposed to having to come back here for a total review. Mr. Wilshaw: I would say that and even the sprinkler requirement on #4 may also be involved as well depending on the LEED cerfificafion requirements. Mr. Morrow: Is that alright with the supporter? Ms. Scheel: Yes. Mr. Morrow: Any other discussion? Seeing none, as far as the signage we were talking about, Mark, do we have to indicate any type of approval relative to the two expressway signs or should that just go as an appeal straight to the Zoning Board of Appeals? Mr. Taormina: For that condition, we could re -word that to say that the Planning Commission accepts the sign package as submitted subject to approval of the City Council. October 25, 2011 25887 Mr. Morrow: The sign package has the two signs we're discussing. Mr. Taormina: As well as the monument sign, yes. Mr. Taylor: How large is the monument sign? Mr. Sosin: Since it has one tenant on it, it won't be very large. I don't think we have elevations yet. There are some in the plan view. I don't know an exact dimension, but its certainly not going to be verylarge. Mr. Wilshaw: Typically, we allow a 30 square foot sign. Is that adequate? Mr. Sosin: Yes. The way the road moves, you'll see the monument sign first before you see the building sign. So I think just from a .... Mr. Taylor: There's a curve in the road there. Mr. Sosin: Exactly. Just from a safely perspective, I think you need the monument sign, but I don't expect it to be excessively large, but I don't have an exact dimension right now. Mr. Morrow: As I said, we've got 30 square feel. If there's a problem with that, you'd have to come back for some sort of a Zoning Board of Appeals situation. Mr. Sosin: Okay, but it will probably be some brick and a foundation, depending on what we decide to do. That's probably the most likely outcome. Mr. Morrow: Would the Secretary please call the roll? Mr. Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. Mr. Taylor: Do we need a seven day waiver on this one too, Mark? Mr. Taormina: Yes. On a motion by Taylor, seconded by Wilshaw, and unanimously adopted, it was #10-65-2011 RESOLVED, that the City Planning Commission does hereby determine to waive the provisions of Section 10 of Article VI of the Planning Commission Rules of Procedure, regarding the effective dale of a resolution after the seven-day period from the date of adoption by the Planning Commission, in connection October 25, 2011 25888 with Petition 2011-10-08-09 submitted by Northern Equities Group, on behalf of Infineon Technologies, requesting approval of all plans required by Section 18.58 of the Zoning Ordinance in connection with a proposal to construct an office building on a portion of the property at 19401 Victor Parkway, located on the west side of Victor Parkway between Seven Mile Road and Pembroke Avenue in the South 1/2 of Section 6. Mr. Morrow, Chairman, declared the motion is carded and the foregoing resolution adopted. It will go on to City Council with an approving resolution. They will schedule it as soon as they can work it in their agenda. Mr. Sosin: Thank you very much. I appreciate it. ITEM #5 PETMON 2011-10-08-10 MANOOGIAN MANOR Ms. Scheel, Secretary, announced the next item on the agenda, Petition 2011- 10-08-10 submitted by Manoogian Manor requesting approval of all plans required by Section 18.58 of the City of Livonia Zoning Ordinance #543, as amended, in connection with a proposal to construct additions and remodel the exterior of the existing elderly housing facility at 15775 Middlebelt Road, located on the west side of Middlebelt Road between Five Mile Road and Puritan Avenue in the Southeast 1/4 of Section 14. Mr. Taormina: This property is located in the Southeast 1/4 of Section 14, which is the square mile bounded by Merriman Road to the west, Six Mile Road to the north, Five Mile Road to the south, and Middlebelt Road to the east. The property is on the west side of Middlebelt between Five Mile and Puritan Avenue. The property is about 6.8 acres in size. It has 330 feel of frontage along Middlebelt Road and a depth of just under 900 feel. In terms of the zoning, the properly has three zoning districts associated with it R-9 (Housing for the Elderly), OS (Office Services), and R -U -F (Rural Urban Farm). To the north is the Apostolic Christian Church zoned R -U -F, as well as two office buildings fronting on Middlebelt, zoned OS. To the south is the Marycrest Manor elderly housing facility. To the east across Middlebelt Road are a variety of commercial land uses, and then lying to the west is a portion of the Woodhaven of Livonia elderly housing facility. Manoogian Manor is a one-story 68 -bed facility that provides services under the category of assisted living. The existing building measures about 30,850 square feel. What is proposed are a number of additions to the facility. The addition to the front part of the building, which is about October 25, 2011 25889 3,300 square feet, would include a new entrance and porte- cochere. Within that area would be a new lobby and reception area, as well as a couple of small offices. The porte-cochere extends out from the new entrance over the driveway. This portion of the building would be constructed out of brick that would match the existing building and would have a gabled roof design that complements the existing roofline. Next we have a dining room addition in the northwest comer of the building. That addition is about 3,210 square feel in total area and would connect via corridors to the existing kitchen and living areas. A small courtyard is created with this addition. Again, it will be constructed out of brick to match the existing building. Next, there are two assisted living additions. These are similady sized. The first one, located to the north, is part of Phase 1 construction. It would be just over 7,200 square feet in area. Again, its one story in height to match the height of the existing building. It would contain 12 one -bedroom units. As part of Phase 2, they would basically mirror that construction to the south and provide for just a slightly smaller addition at about 6,950 square feel, also containing 12 one -bedroom units. There would be a hallway that would connect the two buildings. Once again, a courtyard would be formed between the existing building and what would be the east elevation of the two new additions when completed. Next, there is a very small addition located in the northwest part of the existing building that would square off the building and provide some additional storage area. Lastly, there is a maintenance garage that is proposed to the north and west of the building. Thais a detached structure. There is separate access being provided to that maintenance facility. In terms of parking, what is required is one space for every three beds, plus one space for every staff and visiting doctor on the basis of number of beds. The total number of beds, both existing and proposed, and with the number of employees, they would be required to have 56 parking spaces. The plan provides a total of 73 parking spaces, so they meet the parking requirement. As far as density goes, the R-9 permitted density is based on the height of the building as well as the number of bedrooms per unit. For buildings that are two stones or less, there is a minimum of 2,500 square feet of land area required for each one -bedroom. Manoogian Manor, on the basis of what they're proposing, would require 230,000 square feet of land. The overall site area is just shy of 300,000 square feet. This is well below the density limitations of the R-9 District. Generous portions of the site would remain green. Over 50 percent of the total site would be landscaped which exceeds our minimum 15 percent. Details on storm water management are still being developed. It will probably include a combination of both surface water detention as well as below -ground detention. October 25, 2011 25890 There is an existing pond that's located out front between the sidewalk and Middlebelt Road and the building. That pond is going to have to be reconfigured and possibly even relocated altogether as a result of the reconfiguration that has to take place in the parking lot area in order to accommodate this addition and the porte-cochere. So they still plan on having this water feature out front. It will more than likely serve some stone water function, but that's not enough to handle the entire areas being expanded. They will probably have to do something below grade as well. Lastly, the petition would be allowed signage and an allowance of one identification sign not to exceed 16 square feet in area if it's erected as a freestanding sign and a maximum of 6 feel in height. I'm not sure we have details on the actual signage, but they are showing a new ground sign being placed essentially on the frontage between the two driveways providing access to the site. Thank you. Mr. Morrow: Is there any correspondence? Mr. Taormina: There are four items of correspondence. The first item is from the Engineering Division, dated October 17, 2011, which reads as follows: 9n accordance with your request, the Engineering Division has reviewed the above -referenced site plan approval request. The written legal description provided appears comect. The address for this site is confirmed to be 15775 Mlddlebelt Road. Because the plans are preliminary, they do not address storm water management. The project consultant has already been in contact with us, and we confirmed that when plans are submitted to the Engineering Division for review, they must reflect additional storm water detention due to the increase in impervious area. The petitioner is hereby notified (via copy of this comssponderr e) that any site changes which would impact public utilities, road right-of-way, easements, or changes in storm or sanitary sewer volumes must be approved by the Engineering Division of Public Works." The letter is signed by Kevin G. Roney, P.E., Assistant City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated October 17, 2011, which reads as follows: `This office has reviewed the site plan submitted in connection with a proposal to construct additions and remodel the exterior of the existing senior Irving facility at the above referenced address. 1 have no objections to this proposal with the following stipulations: (1) Fire lanes shall be provided for all buildings that are set back more than 150 feet from a public road or exceed 30 feet in height and are set back over 50 feet from a public mad. (2) Fire lanes shall be not less than 20 feet of unobstructed width, able to withstand live loads of fire apparatus, and have a minimum of 13 feet 6 inches of vertical clearance." The letter is signed by Earl W. Fesler, October 25, 2011 25891 Fire Marshal. The third letter is from the Division of Police, dated October 13, 2011, which reads as follows: 7 have reviewed the plans in connection with the petition. 1 have no objections or recommendations to the plans as submitted." The letter is signed by John Gibbs, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated October 20, 2011, which reads as follows: "Pursuant to your request, the above -referenced petition has been reviewed. The following is noted. (1) This department will conduct a full plan review for compliance with all building codes at time of application for permits should the project move forward. (2) The maintenance building should be constructed as a maintenance free exterior (other than the door). (3) The gates on the proposed dumpster enclosure should be all metal or an alteration satisfactory to the Commission and/or Council. (4) The ground sign as depicted would be allowed if there are no other ground signs. This Department has no further objections to this petition." The letter is signed by Alex Bishop, Director of Inspection. That is the extent of the correspondence. Mr. Morrow: Are there any questions for the staff? Mr. Wilshaw: The letter from the Fire Department, Mr. Taormina, seems to indicate the need for fire lanes. I don't see any road that goes around the property right now. Would that be a necessary change? Mr. Taormina: I'm going to let the architect speak to that issue. We touched on It briefly in some of our earlier discussions with the architect. I believe that's something they were going to discuss specifically with the Fire Department to find out how that can be handled. This is the same architect that designed the facility to the south at Marycrest. What they did there to address the issue of access and fire lanes was to provide a grass brick paver that will eventually go around those buildings. Mr. Wilshaw: Almost like a dual use pedestrian walkway/Fre lane? Mr. Taormina: Yes. Mr. Morrow: Is the petitioner here this evening? We'll need your name and address for the record. If you'd like to add anything to what you've heard from Mr. Taormina, then we may have some questions for you. Terry Clark, Edmund London & Associates, 20750 Civic Center Drive, Southfield, Michigan 48076. As Mark said, its some additions and alternations to the existing facility of Manoogian Manor. The October 25, 2011 25892 building itself existing, we're going to do some interior renovations, some upgrades, and then, yes, we are doing some adding on to the lobby, the dining room and the additional 24 beds on the backside. We are trying to, again, match the existing facility as much as we can with some existing architectural elements with the brick and also accent and accentuate what we can. We're meeting with the owners. Landscaping, we didn't actually submit a formal landscape plan because that issue has been a big strong item that the owner has wanted a lot of input on. So instead of rushing a landscape plan in without all the input, we kind of held that back until we have that in order to not only to meet the ordinance, meet what we'd like to see for the City of Livonia, but also meet the demands and needs of the residents in the facility. So we're continuing to modify that as we go. Regarding the fire lane access, I did have a discussion with the Fire Marshal. We did not actually have a meeting yet, so we're still working out the actual details of what he's going to require. If it is similar to Marycrest, as an example, that ended up being a 12 fool wide asphalt road that gives them the ability to drive on and the residents to use as a walkway. So again, at this point we're in communication with the Fire Department to work out the details of how that's going to be handled on this facility. The back side is heavily wooded. We'd like to maintain that, but then we also understand the Fire Department's needs to maintain and deal with anything on that site. So compromises will be made the best we can. Mr. Morrow: Are there any questions? Mr. Wilshaw: I just want to thank Mr. Clark for addressing my question about the fire lanes, and I do think a dual use pedestrian walkway and fire lane is a nice option that kind of strikes that compromise you're looking for. I hope that you integrate that into your landscape plan as you work and develop that. I assume that will be a callback item for us. Thank you. Mr. Clark: Yes. Mr. Morrow: Are there any more comments or questions? Seeing, none, it looks like a nice project. Mr. Clark: Thankyou. Mr. Morrow: Is there anybody in the audience that wishes to speak for or against the granting of this petition? Seeing no one coming forward, a motion would be in order. October 25, 2011 25893 Mr. Bahr: As somebody that lives, works and goes to church in that area, I'm excited about any investment in that area. Thank you. I'll offer an approving resolution. On a motion by Bahr, seconded by Scheel, and unanimously adopted, it was #10-66-2011 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2011-10-08-10 submitted by Manoogian Manor requesting approval of all plans required by Section 18.58 of the City of Livonia Zoning Ordinance #543, as amended, in connection with a proposal to construct additions and remodel the exterior of the existing elderly housing facility at 15775 Middlebell Road, located on the west side of Middlebelt Road between Five Mile Road and Puritan Avenue in the Southeast 114 of Section 14, the Planning Commission does hereby recommend to the City Council that Petition 2011-10-08-10 be approved subject to the following conditions: 1. That the Site Plan marked Sheet AS-1.1 dated October 10, 2011, prepared by Edmund London & Associates, Inc., is hereby approved and shall be adhered to; 2. That the Elevations Plans marked Sheets A-3.0, A3.1 and A-2.1 prepared by Edmund London & Associates, Inc., each dated October 10, 2011, are hereby approved and shall be adhered to; 3. That a fully detailed landscape plan shall be submitted for approval to the Planning Commission and City Council within sixty (60) days following approval of this petition by the City Council; 4. That the brick used in the construction shall be full face four inch (4") brick; 5. That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building; 6. That the three walls of the trash dumpster areas shall be constructed out of the same brick used in the construction of the building or in the event a poured wall is substituted, the wall's design, texture and color shall match that of the building and the enclosure gates shall be of solid panel steel construction or durable, long-lasting solid panel October 25, 2011 25894 fiberglass and maintained and when not in use closed at all times; 7. That the petitioner shall secure the necessary permits, including storm water management permits, wetlands permits and soil erosion and sedimentation control permits, from Wayne County, the City of Livonia, and/or the Slate of Michigan Department of Environmental Quality; 8. That all light fixtures shall not exceed twenty (20') feel in height as measured from the finish grade at the base of the structure to the top of the light fixture, and such fixtures shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway; 9. That the issues as outlined in the corespondence dated October 17, 2011, from the Livonia Fire and Rescue Division shall be resolved to the satisfaction of the Inspection Department and/or Engineering Division; 10. That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals; 11. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and, 12. Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the date of approval by City Council, and unless a building permit is obtained this approval shall be null and void at the expiration of said period. Mr. Morrow: Is there any discussion? Ms. Scheel: Mr. Taormina, does it need to state in here that they need to come back for a landscape plan? Mr. Taormina: Yes. I think if that's the intention we should specify that. Ms. Scheel: Okay. I would like to add that. Mr. Morrow: That the landscape plan will be brought at a later date. Ms. Scheel: Right. October 25, 2011 25895 Mr. Morrow: Is the maker ofthe motion alrighlwith that? Mr. Bahr: Yes. Mr. Morrow, Chairman, declared the motion is carded and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #6 APPROVAL OF MINUTES 1,015" Public Hearings and Regular Meeting Ms. Scheel, Secretary, announced the next item on the agenda, Approval of the Minutes of the 1,015" Public Hearings and Regular Meeting held on October 4, 2011. On a motion by Taylor, seconded by Scheel, and adopted, it was #10-67-2011 RESOLVED, that the Minutes of 1,015° Public Hearings and Regular Meeting held by the Planning Commission on October 4, 2011, are hereby approved. A roll call vole on the foregoing resolution resulted in the following AYES: Taylor, Scheel, Smiley, Krueger, Wilshaw, Morrow NAYS: None ABSENT: None ABSTAIN: Bahr Mr. Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 1,016'" Public Hearings and Regular Meeting held on October 25, 2011, was adjourned at 8:46 p.m. CITY PLANNING COMMISSION Lynda L. Scheel, Secretary ATTEST: R. Lee Morrow, Chairman