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HomeMy WebLinkAboutMINUTES 2017-01-18 40056 MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND SIXTEENTH REGULAR MEETING OF JANUARY 18, 2017 On January 18, 2017 the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by President Kathleen McIntyre at 7:00 p.m. Councilmember Brian Meakin led the meeting in the Pledge. Roll was called with the following result: Brian Meakin, Brandon Kritzman, Maureen Miller Brosnan, Jim Jolly, Cathy White, Scott Bahr (arrived 7:11 p.m.) and Kathleen McIntyre. Absent: None. Elected and appointed officials present: Mark Taormina, Director or Economic Development and Planning; Todd Zilincik, City Engineer; Don Knapp, City Attorney; Susan M. Nash, City Clerk; Judy Priebe, Director of Legislative Affairs; Ted Davis, Director of Parks and Recreation; Brian Wilson, Director of Public Service; and Dave Varga, Director of Administrative Services; On a motion by Brosnan, supported by Kritzman, and unanimously adopted, it was- #01-17 RESOLVED, that the Amended Minutes of the 1810th Regular Meeting of Council held October 3, 2016 are approved as amended. Councilmember Brosnan indicated that the original minutes that were approved for the October 3, 2016 meeting omitted the receiving and filing of a new set of Plans on Petition 2016-08-08-10 for the BP Gas Station at Middlebelt and Six Mile Road. On a motion by White, supported by Kritzman, and unanimously adopted, it was- #02-17 RESOLVED, that the Minutes of the 1,815th Regular Meeting of the Council held December19, 2016 are hereby approved as submitted. 40057 Regular Meeting of January 18, 2017 During Audience Communication Darlene Owens from the Detroit Wayne Mental Health Authority presented the Mayor and Council with a commendation for their participation in not selling tobacco products to youth and cited the Family Dollar Store on Joy Road, Sunoco Gas Station on Schoolcraft, Liquor Vault, Shell Gas Station on Five Mile, Bai-Lynn Party Store and Mid Joy Market and stated they would be receiving a commendation as well for their efforts in the program. President McIntyre indicated there is new data on Item No. 15. Councilmember Meakin announced there was one retiree for the month of December 2016, that being Stephen Woida who served 28 years as a Public Service Worker in the Parks Division and he wished him well on his retirement. On a motion by Jolly, supported by Meakin, and unanimously adopted, it was- #03-17 RESOLVED, that having considered the request of Councilmember Jim Jolly at the Regular Meeting held January 18, 2017, regarding the subject matter of neighborhood seed grants, the Council does hereby refer this subject matter to the Committee of the Whole for its report and recommendation. Councilman Jolly stated that one of the issues that came up during the 2015 Election in talking with citizens was the idea that the City offer more programing and events with the various neighborhood associations throughout and indicated that as a result of that there was discussion and $10,000 set aside in this year's budget for same. A communication from the Office of the Mayor, dated January 5, 2017, re: forwarding the Annual Report for the Fiscal Year 2015-2016, which reflects activities of the Livonia City Departments, Commissions and Boards, was received and placed on file for the information of the Council. A communication from the Department of Finance, dated December 29, 2016, re: Standard & Poor's Bond Rating Report, was received and placed on file for the information of the Council. A communication from the Department of Law, dated January 5, 2017, re: House Bill 5113 signed by Governor Snyder on January 3, 2017, Public Act 40058 Regular Meeting of January 18, 2017 421 of 2016 changing the statute of limitations to collect water and sewer charges to five years, was received and placed on file for the information of the Council. On a motion by Brosnan, supported by White, it was- #04-17 RESOLVED, that having considered a communication from David Janeski, 19675 Brentwood Street, Livonia, MI 48152, dated December 19, 2016, regarding the subject matter of amending Section 165 of Title 15, Chapter 32 (Property Maintenance Code) of the Livonia Code of Ordinances, as amended, to reflect new technology in current lighting on residential property, the Council does hereby refer this matter to the Administration for its report and recommendation. #05-17 RESOLVED, that having considered a communication from the City Engineer, dated December 1, 2016, approved for submission by the Mayor, to which is attached a letter from Mr. Toni R. Ghiorgliu of A Better Construction Co., dated November 30, 2016, requesting a waiver of the sidewalk requirement in front of the residence located at 20250 Beatrice Street, in the N.E. '/4 of Section 2, the Council does hereby approve this request inasmuch as omitting the sidewalk on the subject property would have no detrimental effect upon the neighboring properties at this time due to lack of other public sidewalks existing within the neighboring area; FURTHER, the Council does hereby reserve the right to require sidewalks at this location in the event that additional sidewalks are installed in this area at some future date. #06-17 RESOLVED, that having considered a communication from the Director of the Livonia Housing Commission, dated December 8, 2016, submitted pursuant to council resolution #254-15, adopted on August 17, 2015, with regard to Petition 2016-03-LS-08, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which submits the sole bid received in connection with the sale of City-owned property purchased through the Federal Community Development Block Grant (CDBG) Program regarding the property located at 8875 Middlebelt Road, in the Southeast '/4 of Section 35, the Council does hereby accept the bid and authorizes the sale of the aforesaid city-owned property to Feras Chihadeh, 19750 Beck Road, Northville, MI 48167, fora total purchase price of$10,000.00, having been the only bid actually received, the actions herein being taken in order to best serve the interests of the community; FURTHER, the total proceeds of such sale shall be allocated to the Community Development Block Grant (CDBG) Program as program income, and used to reimburse the City's expenses in connection with this property; and the Mayor and City Clerk are hereby requested to execute a quit claim deed and such other documents as may be necessary or incidental to fulfill the purpose of this 40059 Regular Meeting of January 18, 2017 resolution; and the Department of Law is hereby requested to prepare and place in proper form such legal documents as may be necessary to consummate this transaction; and the City Clerk is hereby requested to have said quit claim deed recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution. (CR 254-15) #07-17 WHEREAS, the City Council has made investigations of the existing recreation resources and probable future need for recreation lands, facilities, and services; and WHEREAS, said City Council held a public meeting on January 9, 2017 to provide an opportunity for citizen comments and subsequently adopted said Recreation Plan; and THEREFORE BE IT RESOLVED that the City of Livonia City Council does hereby adopt the Parks and Recreation Master Plan 2017-2022; and BE IT FURTHER RESOLVED that the City Council authorizes the Superintendent of Parks and Recreation to submit said Parks and Recreation Master Plan to the State of Michigan. #08-17 RESOLVED, that having considered the report and recommendation of the Chief of Police and the Fire Chief, dated December 19, 2016, which bears the signature of the Director of Finance, is approved as to form by the City Attorney, and is approved for submission by the Mayor, the Council does hereby accept the quote submitted by Lexipol, LLC, 6B Liberty, Suite 200, Aliso Viejo, CA 92656 for the purchase of an annual subscription of policies and procedures for Law Enforcement and Fire service, to include continued updates and daily training bulletins, for a cost of$88,090.00 for the one-time implementation services fee and $25,035.00 for the 2017 subscription fee, for a total amount not to exceed $113,125.00; FURTHER, the Council does hereby authorize an appropriation and expenditure in an amount not to exceed $53,500.00 from Account No. 101-304-818-000 Contractual Services for the Division of Police and $34,590.00 from Account No. 101-336-818-000 Contractual Services for the Division of Fire for a total amount not to exceed $88,090.00 for the one-time Implementation Services fee; FURTHER, the Council does hereby authorize an appropriation and expenditure in an amount not to exceed $19,287.00 from Account No. 101-304-818-000 Contractual Services for the Division of Police and $5,748.00 from Account No. 101-336-818-000 Contractual Services for the Division of Fire for a total amount not to exceed $25,035.00 for the 2017 Subscription Fee; FURTHER, the Council does hereby approve the payment of an annual subscription fee for a period of five years, as long as the subscription fee increases by no more than 5% annually; FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as Lexipol, LLC is the sole 40060 Regular Meeting of January 18, 2017 source entity for providing the aforementioned services, and no advantage to the City would result from competitive bidding, and such action is taken in accordance with the provisions set forth in Section 3.04.140.D.3 of the Livonia Code of Ordinances, as amended. #09-17 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated December 28, 2016, which bears the signature of the Director of Finance and the City Attorney, and is approved for submission by the Mayor, the Council does hereby authorize the purchase of four(4) unmarked police vehicles to be used by the Intelligence Bureau utilizing the State of Michigan and the Counties of Oakland and Macomb Consortium Bid Pricing in the total amount of $117,921.00, to be expended from funds already budgeted for this purpose in drug forfeiture account No. 265-333-985-000, as follows: One (1) 2017 Ford Explorer from Signature Ford, 1960 E. Main Street, Owosso, MI 48867, in the amount of $30,821.00 through the Macomb County consortium; One (1) 2017 Jeep Grand Cherokee from Bill Snethkamp Chrysler/Jeep, 445 N. Cedar Street, Mason, MI 48854, in the amount of $30,534.00, through the State of Michigan consortium; One (1) 2017 Dodge Grand Caravan from Bill Snethkamp Lansing Dodge, 6131 S. Pennsylvania Avenue, Lansing, MI 48911, in the amount of$26,605.00, through the State of Michigan consortium; One (1)2017 Dodge Durango from Bill Snethkamp Lansing Dodge, 6131 S. Pennsylvania Avenue, Lansing, MI 48911, in the amount of $29,961.00, through the State of Michigan consortium; FURTHER, the Council does hereby determine to authorize the said purchases without competitive bidding inasmuch as the same is based upon the low State of Michigan, Macomb County or Oakland County consortium bids and/or such action is taken in accordance with the provisions set forth in Section 3.04.140D4 of the Livonia Code of Ordinances, as amended. #10-17 RESOLVED, that having considered the report and recommendation of the Chairman of the Livonia Water and Sewer Board, dated December 20, 2016, which bears the signature of the Director of Public Works and the Director of Finance, and is approved for submission by the Mayor, and which sets forth Water and Sewer Board resolution WS #5310 07/16, wherein the Board concurs in the recommendation made by the Director of Public Service in a letter dated July 13, 2016, to which is attached a communication from the Department of Public Service Fleet Manager — Fleet Maintenance, dated December 14, 2016, the Council does hereby authorize the purchase of one (1) 2016 Sewer Cleaning 40061 Regular Meeting of January 18, 2017 Vactor Truck utilizing the National Joint Powers Alliance (NJPA) Purchasing Contract which was awarded to Jack Doheny Companies, 777 Doheny Court, Northville, Michigan 48167 (under Contract No. 022014- FSC), for a total cost not to exceed $408,792.00, to replace a 2004 Vactor Truck which has far exceeded its useful life; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $408,792.00 from funds already budgeted in the unexpended fund balance of the Water and Sewer Fund (592) for this purpose; FURTHER, the Council does hereby determine to authorize this purchase without competitive bidding inasmuch as the same is based upon the low National Joint Powers Alliance (NJPA) bid price (under Contract No. 022014-FSC), and no advantage to the City would result from competitive bidding, and such action is taken in accordance with the provisions set forth in Section 3.04.140.D.4 of the Livonia Code of Ordinances, as amended; FURTHER, the Council does hereby authorize the Department of Public Works, at its discretion, to either trade in the 2004 Vactor Truck for the new Vactor Truck at a trade-in allowance of not less than $20,000.00 or dispose of the 2004 Vactor Truck at public auction hosted by the Michigan Inter- governmental Trade Network (MITN) or commercial auction after receipt of the new truck. #11-17 RESOLVED, Whereas, the City of Livonia hereinafter referred to as the "Governmental Agency," periodically applies to the Michigan Department of Transportation, hereinafter referred to as the "Department," for permits, referred to as "Permit," to construct, operate, use and/or maintain utilities or other facilities, or to conduct other activities, on, over, and under State Highway Right of Way at various locations within and adjacent to its corporate limits; NOW THEREFORE, in consideration of the Department granting such Permit, the Governmental Agency agrees that- 1. hat:1. Each party to this Agreement shall remain responsible for any claims arising out of their own acts and/or omissions during the performance of this Agreement, as provided by law. This Agreement is not intended to increase either party's liability for, or immunity from, tort claims, nor shall it be interpreted, as giving either party hereto a right of indemnification, either by Agreement or at law, for claims arising out of the performance of this Agreement. 2. If any of the work performed for the Governmental Agency is performed by a contractor, the Governmental Agency shall require its contractor to hold harmless, indemnify and defend in litigation, the State of Michigan, the Department and their agents and employees, against any claims for damages to public or private property and for injuries to person arising out of the performance of the work, except for claims that result from the sole negligence or 40062 Regular Meeting of January 18, 2017 willful acts of the Department, until the contractor achieves final acceptance of the Governmental Agency. Failure of the Governmental Agency to require its contractor to indemnify the Department, as set forth above, shall be considered a breach of its duties to the Department. 3. Any work performed for the Governmental Agency by a contractor or subcontractor will be solely as a contractor for the Governmental Agency and not as a contractor or agent of the Department. The Department shall not be subject to any obligations or liabilities by vendors and contractors of the Governmental Agency, or their subcontractors or any other person not a party to the permit without the Department's specific prior written consent and notwithstanding the issuance of the permit. Any claims by any contractor or subcontractor will be the sole responsibility of the Governmental Agency. 4. The Governmental Agency shall take no unlawful action or conduct, which arises either directly or indirectly out of its obligations, responsibilities, and duties under the permit which results in claims being asserted against orjudgment being imposed against the State of Michigan, the Michigan Transportation Commission, the Department, and all officers, agents and employees thereof and those contracting governmental bodies performing permit activities for the Department and all officers, agents, and employees thereof, pursuant to a maintenance contract. In the event that the same occurs, for the purposes of the permit, it will be considered as a breach of the permit thereby giving the State of Michigan, the Department, and/or the Michigan Transportation Commission a right to seek and obtain any necessary relief or remedy, including, but not by way of limitation, a judgment for money damages. 5. The Governmental Agency will, by its own volition and/or request by the Department, promptly restore and/or correct physical or operating damages to any State Highway Right of Way resulting from the installation, construction, operation and/or maintenance of the Governmental Agency's facilities according to a permit issued by the Department. 6. With respect to any activities authorized by a permit, when the Governmental Agency requires insurance on its own or its contractor's behalf, it shall also require that such policy include as named insured the State of Michigan, the Transportation Commission, the Department, and all officers, agents, and employees thereof and those governmental bodies performing permit activities for the Department and all officers, agents, and employees thereof, pursuant to a maintenance contract. 40063 Regular Meeting of January 18, 2017 7. The incorporation by the Department of this resolution as part of a permit does not prevent the Department from requiring additional performance security or insurance before issuance of a permit. 8. This resolution shall continue in force from this date until cancelled by the Governmental Agency or the Department with no less than thirty (30) days prior written notice provided to the other party. It will not be cancelled or otherwise terminated by the Governmental Agency with regard to any permit which has already been issued or activity which has already been undertaken. BE IT FURTHER RESOLVED, that the following position(s) are authorized to apply to the Department for the necessary permit to work within State Highway Right of Way on behalf of the Governmental Agency. Title and/or Name: Todd J. Zilincik, P.E., City Engineer David W. Lear, P.E., Assistant City Engineer Donald R. Rohraff, Director of Public Works Doug Moore, Superintendent of Public Service Trisha Dotson, Roads and Parks Supervisor Tom Wilson, Public Utilities Supervisor #12-17 RESOLVED, that having considered the report and recommendation of the City Engineer, dated December 22, 2016, which bears the signature of the Director of Finance, is approved by the Director of Public Works and approved for submission by the Mayor, regarding an additional appropriation and expenditure for unforeseen asphalt work in connection with the Newburgh Road Reconstruction Project at the CSX Bridge, pursuant to council resolution 148-16, the Council does hereby appropriate and authorize an expenditure in an amount not to exceed $11,121.42 payable to Nagle Paving Company, 36780 Amrhein, Livonia, Michigan 48150, for performing all work required in connection with the unforeseen asphalt work for the Newburgh Road Reconstruction Project at the CSX Bridge, which sum includes the full and complete balance due to cover the additional costs of such project, pursuant to council resolution 148-16, adopted on April 4, 2016; FURTHER, the Council does hereby appropriate and authorize an expenditure in the amount of$8,900.00 from the Unexpended Fund Balance of the Major Road Fund and $2,265.00 40064 Regular Meeting of January 18, 2017 from Account No. 202-463-818-125 for a total amount not to exceed $11,121.42 for this purpose.(CR 148-16) #13-17 RESOLVED, that having considered a communication from the City Planning Commission, dated December 15, 2016, approved for submission by the Mayor, which transmits its resolution #12-110-2016, adopted on December 13, 2016, with regard to Petition 2016-10-02-20, submitted by Matt Hazzard, to operate an athletic training facility (Athletic Sports & Fitness) located on the east side of Hubbard Avenue between Plymouth Road and the CSX railroad right-of-way (11844 Hubbard Avenue) in the Southeast 1/4 of Section 27, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2016-10-02-20 is hereby approved and granted, subject to the following conditions- 1. onditions:1. That the Site Plan prepared by KEM-TEC Land Surveyors, as received by the Planning Commission on October 31, 2016, is hereby approved and shall be adhered to; 2. That adequate off-street parking shall be provided which shall be sufficient to comply with the parking requirement for employees and patrons as set forth in Section 18.38(12) of the Zoning Ordinance; 3. That adequate lighting shall be provided in the parking areas and walkways as determined by the Inspection Department; and 4. 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. FURTHER, that the petitioner shall enter into a conditional agreement limiting this waiver use to this user only, with the provision to extend this waiver use to a new user only upon the approval of the new user by the City Council. A roll call vote was taken on the foregoing resolutions with the following result: AYES: Meakin, Kritzman, Brosnan, Jolly, White and McIntyre NAYS: None The President declared the resolutions adopted. Councilmember Bahr joined the meeting at 7:11 p.m. 40065 Regular Meeting of January 18, 2017 President McIntyre as Chair of the Committee of the Whole, reported out on the meeting of December 12th 2016. On a motion by Brosnan, supported by Jolly, and unanimously adopted, it was: #14-17 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated December 12, 2016, submitted pursuant to council resolution 381-16, and further having considered a communication from the City Planning Commission, dated September 6, 2016, which transmits its resolution #08-87-2016, adopted on August 30, 2016, with regard to Petition 2016-08-08-10, submitted by 6 & Middlebelt Fuel Center, L.L.C., requesting to renovate the existing BP gas station, located at the northwest corner of Middlebelt and Six Mile Roads (17151 Middlebelt Road) in the Southeast 1/4 of Section 11, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2016-08-08-10 is hereby approved and granted, subject to the following conditions: 1. That the Site Plan marked Sheets SP-1 and SP-2, prepared by N.C. Designers & Contracting Inc., dated September 20, 2016, as revised, is hereby approved and shall be adhered to, except that one additional parking space shall be added in the northeast corner of the site; 2. That all on-site parking shall be properly sized and marked, including any barrier-free space(s) as may be required by the State of Michigan; 3. That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for deficient parking and any conditions related thereto; 4. That the Landscape Planting Plan marked Sheet LP-1 prepared by Nagy Devlin Land Design, dated September 17 2016, as revised, is hereby approved and shall be adhered to, except that additional trees shall be provided in the rights-of-way, the width of the landscaping along the north and the west sides of the site shall be increased, and that the cobblestone mulch that is shown shall be replaced with landscape material at the satisfaction of the Planning Department; 5. That all disturbed lawn areas including road right-of-way shall be sodded in lieu of hydro-seeding; 40066 Regular Meeting of January 18, 2017 6. 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; 7. That the Elevation Plans marked Sheets A-1, A-27 A-37 A47 and C-1, prepared by N.C. Designers & Contracting Inc., dated September 20, 2016, as revised, are hereby approved and shall be adhered to; 8. That the three walls of the trash dumpster area 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. The enclosure gates shall be of solid panel steel construction or durable, long-lasting solid panel fiberglass. The trash dumpster area shall be maintained and when not in use closed at all times; 9. 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; 10. That any illumination of the pump island canopy shall be restricted to the undercarriage, and all light fixtures shall be recessed and made flush with the established ceiling; provided, however, that this section shall not apply to those specified signs which are expressly allowed by the district regulations of the Zoning Ordinance; 11. That all light fixtures shall not exceed twenty feet (20') in height and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway; 12. No outside storage, placement or display of merchandise shall be permitted at any time on this site; however, the foregoing prohibition shall not apply to the display, on the pump islands only, of oil based products as permitted in Section 11.03(a)(12) of the Zoning Ordinance; 13. That free air shall be provided at all times this station is open for business. The free air shall be dispensed at the point of service without having to enter the station or 40067 Regular Meeting of January 18, 2017 perform any extra action in order to obtain the air without charge; 14. That there shall be no vehicle vacuum equipment or outdoor placement/storage of propane cylinder storage units on the site; 15. That the sale of ice shall be restricted to the inside of the building; 16. 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; 17. That no part of the pump island canopy fascia, with the exception of signage, shall be illuminated; 18. That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the pump island canopy, building or around the windows; 19. 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, 20. 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. A Partial Landscape Plan, Sheet SP-1, prepared by Ziad EI-Baba Engineering, dated October 31, 2016, re: Petition 2016-08-08-12, was received and placed on file for the information of the Council. The Back Elevation, Sheet A-4, prepared by Ziad EI-Baba Engineering, dated October 1, 2016, re: Petition 2016-08-08-12, was received and placed on file for the information of the Council. 40068 Regular Meeting of January 18, 2017 The Structural Elevation, Sheet A-2, prepared by Ziad EI-Baba Engineering, dated October 31, 2016, re: Petition 2016-08-08-12, was received and placed on file for the information of the Council. The Wall Sections, Sheet A-3, prepared by Ziad EI-Baba Engineering, dated October 31, 2016, re: Petition 2016-08-08-12, was received and placed on file for the information of the Council. The Floor Plans and Elevations, Sheet A-1, prepared by Ziad EI-Baba Engineering, dated October 31, 2016, re: Petition 2016-08-08-12, was received and placed on file for the information of the Council. President McIntyre stated that the matter of Petition 2016-08-08-12 will remain in the Committee of the Whole to give the Petitioner time to provide more detailed renderings. (CR 427-16) On a motion by Meakin, supported by Brosnan, and unanimously adopted, it was- #15-17 RESOLVED, that having considered the letter from Dan Spurling, President, Livonia Anniversary Committee, Inc., dated November 14, 2016, requesting approval of the following items- 1. tems:1. The issuance of a permit to Wade Shows to conduct carnival amusement rides at Ford Field and John Stymelski Veterans' Park, as part of the SPREE-67 Celebration, on June 20, 21, and 22, 2017, from 2:00 p.m. to midnight and on June 23, 24, and 25, 2017, from 12:00 noon to midnight, subject to the City of Livonia, Livonia Public Schools, the Livonia Civic Arenas, Inc. and the Livonia Anniversary Committee, Inc. being identified as additional insureds on Wade Shows' general liability insurance policy; 2. Authorization of the Anniversary Committee to conduct a fireworks display at John Stymelski Veterans' Park to be held on Sunday, June 25, 2017, at approximately 10:15 p.m., which display will be controlled by American Fireworks, Inc., subject to providing liability insurance for this event and subject to the City of Livonia, Livonia Public Schools, the Livonia Civic Arenas, Inc. and the Livonia Anniversary Committee, Inc., being designated as additional insureds on its policy; 40069 Regular Meeting of January 18, 2017 3. Authorization of the Livonia Anniversary Committee to use and/or lease the facilities at Ford Field, Eddie Edgar Arena (subject to the terms of the existing lease between the Livonia Civic Arenas, Inc. and the City of Livonia) and John Stymelski Veterans' Park during the period of the SPREE-67 Celebration in accordance with the fees/waivers grid for events co-sponsored by the City of Livonia; and 4. A waiver of all fees prescribed by ordinance or law with respect to Items 2 and 3 above, as well as a waiver of all vendors' license fees for community organizations and/or groups authorized to participate in SPREE-67 by the Anniversary Committee. the Council does hereby concur in and approve the foregoing requests subject to the condition that no alcoholic beverage containing more than 21% of alcohol by volume may be used, kept or stored on or in any portion of Ford Field, Eddie Edgar Arena, or John Stymelski Veterans' Park or any street or parking area adjacent thereto; and the City Clerk and all other appropriate City officials and agencies are hereby requested to do all things necessary or incidental to the full performance of this resolution. On a motion by Brosnan, supported by Bahr, and unanimously adopted, it was- #16-17 RESOLVED, that having considered the letter from Dan Spurling, President, Livonia Anniversary Committee, Inc., dated November 14, 2016, wherein it is requested that the following City streets be closed to through traffic from 8:00 a.m. on June 19, 20177 through 12:00 noon on June 26, 2017 (Monday to Monday): Stark Road from the Family Y, 14255 Stark, to Lyndon Lyndon from Farmington Road to Stark Road The Council does hereby concur in and grant this request in the manner and form herein submitted; FURTHER, the Council does hereby request that Farmington Road be closed from the 1-96 overpass to Five Mile Road on Sunday, June 25, 2017, between the hours of 6:30 p.m. and 11:30 p.m. or until the road is returned to normal traffic operation in connection with the annual SPREE fireworks display, and does hereby authorize the City of Livonia to assume liability for any damage claims which may arise as a result of the road closure, and that Sgt. Brian Leigh is hereby designated and authorized to sign the road closure permit on behalf of the City of Livonia, the action taken herein being made subject to the approval of the Police Department, Fire Department and Wayne County; and to the extent possible, SPREE is requested, in conjunction with the Police Department, to do all things necessary to alleviate traffic problems for the residents of Stoneleigh Village Subdivision during the 2017 Anniversary Celebration, 40070 Regular Meeting of January 18, 2017 including signs on the barricades indicating "local business and residents only." On a motion by Brosnan, supported by Kritzman, and unanimously adopted, it was- #17-17 RESOLVED, that having considered the letter from Dan Spurling, President, Livonia Anniversary Committee, Inc., dated November 14, 2016, the Council does hereby approve of the request from the Livonia Anniversary Committee, Inc., for permission to display banners advertising SPREE-67 on Farmington Road and Five Mile Road from May 23, 2017 through June 25, 2017, and to display 4' x 8' signs at City Hall and Ford Field from MAY 23, 2017 through June 25, 2017, at no additional cost to SPREE; FURTHER, the Council does hereby permit the Livonia Anniversary Committee, Inc. to acknowledge supporters with banners and signage not to exceed 3' x 5' in size on Ford Field and the ball diamonds from May 23, 2017 to June 25, 2017; and the City Clerk and all other appropriate City officials and agencies are hereby requested to do all things necessary or incidental to the full performance of this resolution. Councilmember Brosnan thanked Dan Spurling, President of the Livonia Anniversary Committee and the other members for their time and effort in making the SPREE a success. A communication from the Department of Public Works, dated January 137 2017, re: Additional Information — Animal Sheltering Service Contract, was received and placed on file for the information of the Council. On a motion by Jolly, supported by White, and unanimously adopted, it was: #18-17 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Assistant Director of Public Works, dated November 28, 2016, which bears the signature of the Director of Finance and the City Attorney, and is approved for submission by the Mayor, and to which is attached a proposed Animal Sheltering Agreement between the City of Livonia and the Michigan Humane Society, 30300 Telegraph Road, Suite 220, Bingham Farms, Michigan 48025, for a two year period commencing December 1, 2016 to November 30, 2018, extending terms and conditions of the current agreement, except that holding fees will be increased to $32.00 per day and boarding/ handling fees to $3,737.50 per month, the Council does 40071 Regular Meeting of January 18, 2017 hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the attached agreement; FURTHER, the Council does hereby authorize the said item without competitive bidding in accordance with Section 3.04.140D3 of the Livonia Code of Ordinances, as amended. Councilmember Jolly thanked Director Rohraff and Director Wilson for their continued efforts on this item. Councilmember White also thanked them and stated the new data they provided on this item was very helpful to her. On a motion by Brosnan, supported by Kritzman, and unanimously adopted, it was- #19-17 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated January 6, 2017, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept various gifts and cash donations in the amount of $2,400.00 from the sources indicated therein; FURTHER, the Council does hereby appropriate and credit the amount of $2,400.00 to Account No. 208-000-690-010, representing the total cash donation, for the purposes designated by the donors. Superintendent Davis was present to thank the donors for their continued support. On a motion by Jolly, supported by White, and unanimously adopted it was: #20-17 RESOLVED, that having considered a communication from the Chief of Police, dated December 27, 2016, which bears the signature of the Director of Finance, and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept a cash donation in the amount of $1,000.00 from Allstate Insurance, the same to be appropriated and credited to Account No.: 702-285-213, representing the total cash donation, for the purposes designated by the donor. President McIntyre stated that Chief Caid could not be present at the meeting but thanked Allstate for their generous donation. 40072 Regular Meeting of January 18, 2017 On a motion by Meakin, supported by Jolly, it was- #21-17 as:#21-17 RESOLVED, that having considered a communication from the Department of Law, dated December 19, 2016, the Council does hereby, by a two-thirds roll call vote in accordance with Section 7(1) of the Open Meetings Act, direct that a Closed Committee of the Whole Meeting be held for the purpose of discussing litigation matters and attorney/client privileged communications in connection with pending litigation, Estate of Rita H. Hughes v City of Livonia, et al. A roll call vote was taken on the foregoing resolution with the following result: AYES: Meakin, Kritzman, Brosnan, Jolly, White, Bahr and McIntyre NAYS: None The President declared the resolution adopted. On a motion by Jolly, supported by Brosnan, it was- #22-17 RESOLVED, that having considered a communication from the Department of Law, dated December 19, 2016, the Council does hereby, by a two-thirds roll call vote in accordance with Section 7(1) of the Open Meetings Act, direct that a Closed Committee of the Whole Meeting be held for the purpose of discussing litigation matters and attorney/client privileged communications in connection with pending litigation, Deborah Mato v City of Livonia, et al. A roll call vote was taken on the foregoing resolution with the following result: AYES: Meakin, Kritzman, Brosnan, Jolly, White, Bahr and McIntyre NAYS: None The President declared the resolution adopted. 40073 Regular Meeting of January 18, 2017 On a motion by White, supported by Bahr, it was- #23-17 RESOLVED, that having considered a communication from the Department of Law, dated December 19, 2016, the Council does hereby, by a two-thirds roll call vote in accordance with Section 7(1) of the Open Meetings Act, direct that a Closed Committee of the Whole Meeting be held for the purpose of discussing litigation matters and attorney/client privileged communications in connection with pending litigation, Albert Kosis v City of Livonia, et al. A roll call vote was taken on the foregoing resolution with the following result: AYES: Meakin, Kritzman, Brosnan, Jolly, White, Bahr and McIntyre NAYS: None The President declared the resolution adopted. During Audience Communication, Sara Pitchford, Community Director of the Livonia Jaycees, introduced herself and stated she was looking forward to her involvement in the community. On a motion by Jolly, supported by Brosnan, and unanimously adopted, this 1,816th Regular Meeting of the Council of the City of Livonia was adjourned at 7:28 p.m. on January 18, 2017. Susan M. Nash City Clerk