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Lincoln Park, Michigan February 25, 2008 REGULAR MEETING The meeting was called to order at 8:00 p.m., Mayor Frank Vaslo presiding Pledge of Allegiance to the Flag Invocation by Father Jerry Cupple of St. Henry s Catholic Church PRESENT: Councilpersons Valerie Brady, Mario DiSanto, Mark Kandes, Thomas McPartlin, Thomas Murphy and Michael Myers ALSO PRESENT: City Manager Steve Duchane, City Attorney Ed Zelenak and City Clerk Donna Breeding Mayor s Remarks RESOLUTION 08-64 Minutes By Councilman Myers, supported by Councilman DiSanto RESOLVED, that the minutes of the Regular Meeting held under the date of February 19, 2008 be approved as recorded. (Note: Study Session held February 19, 2008 at 9:33 p.m.) RECOGNITION of Police Officer of the Year Brian Miller PROCLAIM February 26, 2008 as Spay Day USA Resolution to Remove #08-46 from the TABLE NO ACTION RESOLUTION 08-65 Reappointment/Cable Comm. RESOLVED, that Charles Higgins be reappointed to the Cable Television Programming Advisory Board. Term to expire 1/1/09. RESOLUTION 08-66 Reappointment/Cable Comm. RESOLVED, that Matthew Werling be reappointed to the Cable Television Programming Advisory Board. Term to expire 1/1/11. RESOLUTION 08-67 Reappointment/Cable Comm. RESOLVED, that Barbara Barron-Wilcox be reappointed to the Cable Television Programming Advisory Board. Term to expire 1/1/11. RESOLUTION 08-68 Reappoint/Parks & Rec. Comm. By Councilwoman Brady, supported by Council President Murphy RESOLVED, that Arlene Knebusch be reappointed to the Parks & Recreation Commission. Term to expire 5/1/10. RESOLUTION 08-69 Appoint/Street Adv. Comm. By Councilwoman Brady, supported by Councilman DiSanto RESOLVED, that Michelle VanderMeeden, of 1866 Paris be appointed to the Street Maintenance & Infrastructure Advisory Commission. Term to expire 1/1/2010. 1.

RESOLUTION 08-70 Appointment/Board of Review By Councilwoman Brady, supported by Councilman McPartlin RESOLVED, that James E. Rutherford, of 1388 University, be appointed to the Board of Review to fill the unexpired term of Carl Moore. Term to expire 7/1/09. RESOLUTION 08-71 Award Bid/2008 CDBG Concrete By Councilman DiSanto, supported by Councilman Kandes RESOLVED, that the bid from G. V. Cement Contracting Company, for the 2008 Concrete Sidewalk/Street Construction Project, in the amount of $101,601.50 is hereby accepted as the lowest bid received. This is a unit price project and the final quantities of materials used will determine the final contract amount. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are authorized to execute documents necessary to accomplish this work. Funds to come from CDBG Budget Account Number 24933-75519 Street & Utility Replacement, CDBG Budget Account Number 24933-75522 Right of Way Work, and Account Number 592-527-983 Water/Sewer Capital Expenditures. Resolution to Award the Bid for 2008 CDBG Catch Basins HELD one week RESOLUTION 08-72 Approve Solicitation/K of C Tootsie Roll By Councilman McPartlin, supported by Councilman DiSanto RESOLVED, that permission be granted to the Robert H. Jones Knights of Columbus, Council No. 3078 to conduct their Annual "Tootsie Roll Drive" on the street corners of Lincoln Park from March 14-16, 2008. All reporting provisions of the local ordinance to be timely observed. RESOLUTION 08-73 Approve Solicitation/American Cancer Society By Councilman DiSanto, supported by Councilman McPartlin RESOLVED, that the American Cancer Society be granted permission conduct a Relay for Life walk at Youth Center Park on May 10-11, 2008 from 10 a.m. 10 a.m. All reporting provisions of the local ordinance to be timely observed. RESOLUTION 08-74 Approve Spec. Event/Hands Holding Stephanie By Councilwoman Brady, supported by Councilman DiSanto RESOLVED, that Special Event Permit #1 be approved for Hands Holding Stephanie a walk on the public sidewalks of the City of Lincoln Park on March 16, 2008. There are no cost recovery fees anticipated at this time. RESOLUTION 08-51A Adopt Ord. Amend/Chap. 490/Snow Emerg. By Councilman Myers, supported by Council President Murphy RESOLVED, that AN ORDINANCE TO AMEND THE LINCOLN PARK MUNICIPAL CODE, CHAPTER 490.05 ENTITLED PARKING RESTRICTIONS DURING SNOW EMERGENCIES BE AMENDED, BY REPEALING AND REPLACING THE EXISTING SECTION be given its third and final reading and ADOPTED. THE CITY OF LINCOLN PARK ORDAINS: That the CHAPTER 490.05 be amended by repealing and replacing the existing section, with the following language: 490.05 PARKING RESTRICTIONS DURING SNOW AND ICE EMERGENCIES (a) Whenever the Director of Public Services or City Manager or Mayor, on the basis of falling snow, sleet or freezing rain, or on the basis of a weather service forecast, that weather conditions will make it necessary that parking on any city street be restricted or prohibited to facilitate snow plowing and/or winter maintenance, the Director of Public Services or City Manager may cause to be put into effect a parking ban or may restrict parking on parts of or all streets within the city. The Director of Public Services or City Manager or Mayor shall cause each declaration made by him to be publicly announced by providing such information through one or more of the following methods: radio and/or television stations with a normal operating range covering the city, city website, automated telephone answering or calling systems, outdoor early warning siren system. continued 2.

When feasible, each announcement shall describe the action taken by the Director of Public Services or City Manager or Mayor, including the time it became or will become effective. When a parking ban announcement is communicated, residents may refer to the city s cable television channel or website for further information. (b) The Police Department shall notify the Director of Public Services, the City Manager and the Mayor of all hazardous snow/ice conditions. (c) Whenever a parking ban is caused to be put into effect by the Director of Public Services or City Manager or Mayor, all vehicles shall be prohibited from parking on all city streets. (d) Once in effect, a parking ban shall remain in effect until terminated by announcement of the Director of Public Services or City Manager or Mayor, except that any street which has become clear of ice and snow from curb to curb for the length thereof lying between two successive street intersections shall be automatically excluded therefrom. (e) Any vehicle parked contrary to the restriction or prohibition, or any vehicle abandoned on any street affected, may be cited by the police department for prohibited parking and may be towed away at the risk and expense of the owner by an authorized employee or agent of the department of public services or the police department in addition to the penalty provided in Section 490.99. (f) Nothing in this section shall be construed to permit parking at any time or place where same is forbidden by any other provision of the law. Motion carried. NAYS: Councilpersons DiSanto, Kandes, and Mayor Vaslo ADOPTED: February 25, 2008 PUBLISHED: March 5, 2008 EFFECTIVE: March 5, 2008 RESOLUTION 08-75 Traffic Control Order/08-82 By Council President Murphy, supported by Councilwoman Brady RESOLVED, that Traffic Control Order #08-82 regarding NO LEFT TURN from west exit of 1901 Southfield onto Southbound Dix Ave. be approved. Per the recommendation of the Police Dept. RESOLUTION 08-76 Execute Use Lease/Fantasyland By Councilwoman Brady, supported by Council President Murphy RESOLVED, that the Mayor and City Clerk are authorized to execute a Memorandum of Understanding between the City of Lincoln Park and the Lincoln Park Chamber of Commerce to operate Fantasyland at the Kennedy Memorial Building from October 29, 2008 and January 1, 2019. RESOLUTION 08-77 Solicit Bids/Floor Mat Service By Councilman Myers, supported by Councilman DiSanto WHEREAS, a single contract is desired for the weekly mat rental/cleaning services. BE IT RESOLVED, that the Mayor and Council authorize the Purchasing Specialist to advertise and solicit bids for weekly mat rental/cleaning services for City buildings, including City Hall, DPS, Kennedy Memorial Building and Police Department until March 10 th, 2008 at 3:00pm. BE IT FURTHER RESOLVED, that the funds have been budgeted accordingly in the current fiscal year. RESOLUTION 08-78 Solicit RFQ/RFP/Sanitary Basin & Lift Pumps By Councilman DiSanto, supported by Councilwoman Brady WHEREAS, the Mayor and City Council desire to have an engineered analysis performed on the Sanitary basin and lift/pump stations for the purpose of planning short and long term cost effective improvements. BE IT RESOLVED, that the Mayor and City Council hereby direct the DPS Director to issue a RFQ/RFP for an engineering analysis for the Sanitary basin & lift/pump stations. 3.

RESOLUTION 08-79 Accept New Watermain/1901 Southfield By Councilman McPartlin, supported by Councilman DiSanto BE IT RESOLVED, that the Mayor and City Council hereby accept the new watermain located at Dix and Southfield, at the Walgreen s Development site, into the Public Water Distribution System, as described in the easement registered with the Wayne County Register of Deeds Office. RESOLUTION 08-80 Waive Bid/Purchase Police Vehicle (2) By Council President Murphy, supported by Councilman Myers WHEREAS, the Department of Public Services is authorized to purchase two (2) 2008 Ford Crown Victoria Police Interceptors from Jorgensen Ford in conjunction with the Oakland County Purchase Program with outfitting from Winder Police Equipment. BE IT RESOLVED, that the Mayor and Council waive the bidding procedure and authorize the purchase and outfitting of the cars for a total cost not to exceed $77,000.00, and BE IT FURTHER RESOLVED, that the funds for this expenditure come from the Narcotic Forfeiture Fund (101.000.370CU). RESOLUTION 08-81 Authorize Sale/Vehicles by Auction By Council President Murphy, supported by Councilman DiSanto RESOLVED, that the Department of Public Services is hereby authorized to submit the following vehicles for auction at Martin s Towing, 17180 Dix-Toledo Road, Brownstown, on the next available auction date. VIN# 2FAFP71W7YX137098 2000 FORD CROWN VIC 2FALP71W8VX170237 1997 FORD CROWN VIC 2FAFP71W1XX184237 1999 FORD CROWN VIC 1GTGC24K7RE516661 1992 GMC PICKUP 1T75R2B28N1110076 1992 THOMAS BUS 2GCEG25H4J4146269 1988 CHEVROLET VAN 1GTGG39K3RF508375 1994 GMC VAN 2FAFP71W84X119395 2004 FORD CROWN VIC 2FAFP71W41X173322 2001 FORD CROWN VIC 2FAFP71W33X122123 2003 FORD CROWN VIC FURTHER BE IT RESOLVED, that proceeds from any sales shall be assigned to Account #661-932-649 Vehicle Pool-Sale of Used Equipment. RESOLUTION 08-82 Support Alliance of Downriver Watersheds By Mayor Vaslo, supported by the Full Council A RESOLUTION IN SUPPORT OF THE ALLIANCE OF DOWNRIVER WATERSHEDS (ADW) COMMENTS ON THE PROPOSED NPDES WASTEWATER DISCHARGE GENERAL PERMIT, No. MIG610000 WHEREAS, the Michigan Department of Environmental Quality (MDEQ) has proposed new watershed-based and jurisdictional storm water general permits which regulate storm water discharges from municipal separate storm sewer systems in compliance with the Federal Water Pollution Control Act; and, WHEREAS the proposed watershed-based permit places new costly, cumbersome and prescriptive measures on communities and counties that will add to operating costs but will not allow members of the Alliance of Downriver Watersheds to continue their documented progress toward achieving water quality standards using the flexible practices incorporated to date; and, WHEREAS the proposed watershed-based permit emphasizes extensive individual documentation and reporting rather than achieving measurable, watershed-wide improvements through innovative, cost-effective solutions with watershed partners; and, WHEREAS the proposed permit severely limits local control and decision-making that has been a guiding principle of the watershed permit while discouraging implementation of alternative, cost-effective approaches based on existing watershed conditions; and, continued 4.

WHEREAS many of the proposed new requirements are time-consuming, expensive, and will not allow communities to focus their limited resources on documented water quality challenges; and, WHEREAS municipal government budgets across the state are strained and these added duties constitute mandates on municipal departments that cannot be financially absorbed; NOW THEREFORE BE IT RESOLVED that the City of Lincoln Park requests that the MDEQ and its Director allow flexible, yet enforceable municipal storm water permit requirements that will lead to improved water quality; BE IT FURTHER RESOLVED that the MDEQ and its Director institute water quality control measures that target the water quality challenges at a given location; BE IT FURTHER RESOLVED that the MDEQ re-institute the existing Storm Water Pollution Prevention Initiative (SWPPI) process that allowed the MDEQ sufficient oversight and control to assure that all regulated communities and agencies were making progress. BE IT FURTHER RESOLVED that the MDEQ return to a municipal storm water permit that allows sufficient flexibility to permit the state s watersheds to identify their most pressing issues and to address them. CITIZENS COMMUNICATIONS ORAL REPORTS OF THE MAYOR AND COUNCIL CITY MANAGER S REPORT There being no further business, the meeting adjourned at 9:24 p.m. FRANK VASLO, MAYOR DONNA BREEDING, CITY CLERK 5.