Minutes 050919

CITY OF MONROE

REGULAR COUNCIL MEETING

MONDAY, SEPTEMBER 19, 2005

 

Regular meeting of the City Council of the City of Monroe, Michigan held on Monday, September 19, 2005 at 7:30 p.m. in the City Hall Council Chambers.

Present:  Council Members Burkett, Compora, Edwards, Guyor, Wetzel, Sabo and Mayor Iacoangeli.

Charles D. Evans, City Clerk-Treasurer, gave the invocation.

Mayor Iacoangeli led the pledge of allegiance to the flag.

Presentations.

Length of Service Award – Chief Bill Bert – 30 Years – Fire Department.

Certificate of Achievement for Excellence in Financial Reporting.

Presentation by Molly Wickenheiser on Mosquitoes and Control Activities in the City.

Proclamations.

257       Sr. Christine Hattendorf Day – September 19, 2005.

258       Halloween Trick-or-Treat Night – October 31, 2005.

Consent Agenda.  (All items listed under the Consent Agenda are considered to be routine by Mayor and Council and may be approved by one motion.  Any item may be removed for separate discussion by a Councilperson or citizen.)

A.         Approval of the Minutes of the Regular Meeting held on Tuesday, September 6, 2005.

B.         Approval of payments to vendors in the amount of $918,640.35.

Action: Bills be allowed and warrants drawn on the various accounts for their payment.

259       Gerweck Car Sale.

1.       Communication from the City Manager, reporting back on a request from John Gerweck for permission to hold a car sale on September 14-17, October 19-22 and November 9-12, 2005 in the parking lot at 211 North Telegraph Road, and recommending that the request be approved.

2.       Supporting documents.

3.       Action:  Accept, place on file and the recommendation be carried out.

260       St. Mary Catholic Central High School Homecoming Parade.

1.   Communication from the City Manager, reporting back on a request from St. Mary Catholic Central High School for permission to hold their annual homecoming parade on October 7, 2005 at 6:30 p.m., to close the affected streets (Monroe Street from Noble Avenue to Jones Street and Jones Street from Monroe Street to Navarre Field), and for a police escort, and recommending that the request be approved contingent upon items being met as outlined by the administration and that the City Manager be granted the authority to alter/amend the event due to health and/or safety reasons.

2.       Supporting documents.

3.       Action:  Accept, place on file and the recommendation be carried out.

261       VFW Post Closing Party.

1.       Communication from the City Manager, reporting back on a request from the VFW Post 1138 to hold a Post Closing Party on October 2, 2005 from 8:00 a.m. to 9:00 p.m., and to close East Front Street from Macomb Street to the alleyway, and recommending that the request be approved contingent upon items being met as outlined by the administration and that the City Manager be granted the authority to alter/amend the event due to health and/or safety reasons.

2.       Supporting documents.

3.       Action:  Accept, place on file and the recommendation be carried out.

262       Halloween Block Party on Baptiste Avenue.

1.       Communication from the City Manager, reporting back on a request from Mrs. Ruth Tischler of Baptiste Avenue to hold a Halloween block party on October 8, 2005 from 5:00 p.m. to 10:00 p.m., to close the back alley from 326 Baptiste Avenue to 905 Brock Street, and recommending that the request be approved contingent upon items being met as outlined by the administration and that the City Manager be granted the authority to alter/amend the event due to health and/or safety reasons.

2.       Supporting documents.

3.       Action:  Accept, place on file and the recommendation be carried out.

263       2005 Candlelight Vigil.

1.   Communication from the City Manager, reporting back on a request from Ms. Judith Hertzsch on behalf of the Veterans Day Candle Light Committee to hold the 2005 Candle Light Vigil on November 11, 2005 from 7:00 p.m. to 8:30 p.m. at Veterans Park on North Custer between the two existing memorials, and to waive the park deposit and liability insurance, and recommending that the request be approved contingent upon items being met as outlined by the administration and that the City Manager be granted the authority to alter/amend the event due to health and/or safety reasons.

2.   Supporting documents.

3.   Action:  Accept, place on file and the recommendation be carried out.

264       Resolution of Thanks.

1.       Communication from the Director of Engineering, submitting a proposed resolution of appreciation to Congressman John D. Dingell for his assistance to the City of Monroe with funding for the Monroe Area Rail Consolidation project, and recommending that the resolution be adopted.

2.       Supporting documents.

3.       Action:  Accept, place on file and the resolution be adopted.

265       Water Pressure Monitoring Stations Detroit Edison Non-Disclosure Agreement.

1.       Communication from the Director of Water & Utilities, submitting a proposed Non-Disclosure Agreement between Detroit Edison and the City of Monroe, and recommending that the agreement be approved and that the Mayor and City Clerk-Treasurer be authorized to sign the contract on behalf of the City of Monroe.

2.       Supporting documents.

3.       Action:  Accept, place on file and the recommendation be carried out.

266       Emergency Repairs to Water Department Backhoe.

1.       Communication from the Director of Water & Utilities, submitting an invoice for emergency repairs to the Water Department backhoe, and recommending that a purchase order in the amount of $6,734.29 be issued to the Buck & Knobby Equipment Company for the repairs.

2.       Supporting documents.

3.       Action:  Accept, place on file and the recommendation be carried out.

267       Tree Removal Contract.

1.       Communication from the Director of Public Services, reporting back on bid prices for the removal of Emerald Ash Borer infected trees, and recommending that the contract with Floral City Tree Service in the amount of $15,400.00 be approved.

2.       Supporting documents.

3.       Action:  Accept, place on file and the recommendation be carried out.

268       Muffin Monster Repair.

1.   Communication from the Director of Wastewater, submitting a quote for emergency repairs to the eight year old 3004-12 Muffin Monster unit, and recommending that the repairs in the amount of $6,050.00 be approved.

2.       Supporting documents.

3.       Action:  Accept, place on file and the recommendation be carried out.

269       Monroe Multi-Sports Complex Management.

1.       Communication from the Finance Director, submitting an agreement with Ice Sports Monroe, LLC, and its parent company, Canlan Ice Sports Corp. for the management of the Monroe Multi-Sports Complex beginning October 1, 2005, and recommending that the contract be approved and the City Manager be authorized to sign the agreement.

2.       Supporting documents.

3.       Action:  Accept, place on file and the recommendation be carried out.

270              Plumbing Related to the Cantrick Pool Splash Park Bid Award.

1.       Communication from the City Manager, reporting back on bids received for the plumbing work associated with the Cantrick Pool Splash Park Project, and recommending that the award be made to Northwest Pools, Inc. for an amount not to exceed $19,200.

2.       Supporting documents.

3.       Action:  Accept, place on file and the recommendation be carried out.

It was moved by Councilman Burkett and seconded by Councilwoman Edwards that items A, B, 260, 261, 262, 263, 264, 265, 266, 267, 268, and 270 be approved as indicated and that items 259 and 269 be removed and considered separately.

Ayes:   7   Nays:   0

Motion carried.

259  The communication from the City Manager was presented, reporting back on a request from John Gerweck for permission to hold a car sale on September 14-17, October 19-22 and November 9-12, 2005 in the parking lot at 211 North Telegraph Road, and recommending that the request be approved.

Councilwoman Wetzel raised a question regarding the fact that this item was denied at the last meeting, and sometime between that meeting and tonight’s meeting, the City Manager called each Council member and polled them as to whether this item could be approved, since Gerweck’s had now complied with the requirements.   She expressed concern regarding when it is appropriate to hold this type of vote.

Tom Russow, City Attorney, responded to Council concerns stating that it is really a matter of judgment in light of the facts that were there at the time, that this is really a polling mechanism and he feels that it is appropriate and reasonable for this to occur.

David Smith, 530 Hollywood, stated that it seems like we are saying that it is okay to have the “good old boy“ system and not follow the law.

After discussion, it was moved by Councilman Burkett and seconded by Councilwoman Edwards that item 259 be accepted, placed on file and the recommendation be carried out.

Ayes:   7   Nays:   0

Motion carried.

269  The communication from the Finance Director was presented, submitting an agreement with Ice Sports Monroe, LLC, and its parent company, Canlan Ice Sports Corp. for the management of the Monroe Multi-Sports Complex beginning October 1, 2005, and recommending that the contract be approved and the City Manager be authorized to sign the agreement.

Andrew Smith, 211 St. Anne Lane, asked questions in regard to the agreement, specifically how the net profit is calculated and if all the payments and expenses that the City is putting into it are accounted for.

Ed Sell, Finance Director, responded stating that Canlan does their accounting as if they are a business; the only thing that the city provides is some snow plowing services from the Department of Public Services that isn’t counted toward the operating income.  He further explained that the operating income is prior to any debt service payments.

Mayor Iacoangeli explained that this agreement is an attempt to privatize the management and operation in order to bring in a firm that has the qualifications to run an ice hockey arena plus market the facility even though it still is a public facility.  He stated that this agreement has a disincentive clause that states if they don’t market the facility above a certain parameter then they will actually lose money on their management fee.

After discussion, it was moved by Councilwoman Wetzel and seconded by Councilwoman Compora that item 269 be accepted, placed on file and the recommendation be carried out.

Ayes:   7   Nays:   0

Motion carried.

Mayor’s Comments.

Mayor Iacoangeli announced that the 5th Precinct Neighborhood Clean-up Day will be held Saturday, October 8th from 9:00 a.m. to 3:00 p.m. at the far north end of Huber Drive.  He also stated that the 4th Precinct Neighborhood Clean-up Day will be held Saturday, October 29th from 9:00 a.m. to 3:00 p.m. at the Hoffman Park Parking Lot.

City Manager Communication.

Debbie Manns, City Manager announced that the City is a recipient of an award from the Michigan Department of Community Health through the Governor’s Council on Physical Fitness, stating that the City received the highest level of distinction award available in the state for the number of local parks and recreational facilities we have as well as an aggressive neighborhood sidewalk program.

Council Comments.

Councilwoman Edwards asked what time trick or treating is on Halloween Night.  Mayor Iacoangeli responded that it is from 6:30 to 8:00 p.m.

Councilman Burkett stated that it is time to schedule a meeting for the manager’s evaluation and asked Chief Michrina to talk about taser guns at Monroe High School.  John Michrina, Police Chief stated that the liaison officers already carry tasers in the public schools, they have not used them in a school situation yet, and they are more likely to be used in defense of the children from an outside threat.

Councilman Burkett also asked Tom Russow, City Attorney to respond to a question about trees growing over fences.  Tom Russow responded stating that the general principal of property law is that if a tree which is on one person’s property is encroaching/growing on another person’s property, the person who has the tree growing on their property can cut it up to the property line, but whatever you cut down, you have to offer  to the neighbor.   He further stated that if someone is thinking about taking action, they should consult their own attorney.

Councilman Burkett stated that the City has a contract employee working at City Hall who is not making a living wage.  He then made a motion to amend the Living Wage Ordinance to state that any time a full time City employee is replaced with a contract employee, that they be paid a living wage.

The motion died for a lack of support.

Mayor Iacoangeli stated that the ordinance reads that if people want to avail themselves of a tax abatement or financial assistance from the City of Monroe, then their employees have to be paid a living wage.  The ordinance that was approved by Council at the beginning of the year does not mandate living wage to any vendor that is doing work for the City of Monroe because most of the vendors are already covered by the harmony agreement which pays far in excess of the living wage.  He stated that this is the first he was made aware of the situation and referred the matter to the administration for report back to Council.

Councilwoman Guyor stated that this is the first she has heard about the living wage not being paid and feels that it should be checked out.  She also announced that she and her husband are celebrating their 46th wedding anniversary today.

Councilwoman Wetzel stated that although she did not vote in favor of the living wage, she agrees with Councilman Burkett that if we require the living wage be paid by others, then we should abide by it.  She also stated that she may pay a lot of taxes to live in the City; but she chose to live here for the recreation facilities, sidewalks, bike paths, school systems and quality of life in the City of Monroe.

Citizen Comments.

Sheri Weakly, 40 West Front Street, thanked Council for the parking lot on West Front Street and also stated that when her daughter dropped her off in front of her house downtown, a policeman gave her a $100.00 ticket for obstructing traffic.  She stated that there are UPS trucks and beer trucks parked along Front Street all the time, and she feels that the police need to be doing other things than harassing her.

David Smith, 530 Hollywood, stated that he heard a disturbing rumor that Councilwoman Wetzel was pressured not to run for reelection.

Adjournment.

It was moved by Councilwoman Edwards and seconded by Councilwoman Compora that the meeting adjourn at 9:02 p.m. until the Regular Meeting on Monday, October 3, 2005 at 7:30 p.m.

Ayes:   7   Nays:   0

Motion carried.

 

Charles D. Evans                                                        John R. Iacoangeli

City Clerk-Treasurer                                                    Mayor

 

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