Hamtramck Star

Stackpoole introduced "city council's" new intern. "Grandma Jackie" at the school died. Klein asked for a letter to Joan Bittner, thanking her for a donation of baskets to the MML.

Gordon said that a 4-day trip to Kalamazoo was productive. She attended a seminar on economic development. She also attended a talk on combined police and fire departments, which she doesn't think would work here.

Ahmed asked for a letter of condolences to a family on Gallagher who lost their daughter.

Shulgon said that he met trash contractors on Mackinac Island last year who convinced him to bid out the city trash contract, and the city saved $120,000 this year.

Cooper asked to remove item #3 on the agenda. It will be brought back at a later date.

Public comment

Bob Zwolak sent four letters to the city council. He wanted to know about the funding level of MERS. The state granted the city a deferral 19 years ago. Second, in a presentation about the master plan, it was said that the city has 10 to 14 new businesses every month. He suggested that the city could promote the new arrivals by providing a list. Third, there are no commissioners appointed to the parks advisory commission, and the commission should be involved in the master plan. Fourth, conferences are a privilege. He asked that the council provide a basic report of activities and expenditures. They are getting paid to go, and nothing is reported in the media.

Majewski related her itinerary: a board of trustees executive board meeting, a trustees board meeting, a session on community engagement, a general session, a board trustee dinner, a "women in government" breakfast, an award on "place-making", and a board of trustees networking lunch, an engagement at a vendor hospitality suite, a combined fire and police lecture with Robert Bobb, a Michigan Association of Mayor's lunch, "Ethics Today", an awards banquet, an event at the zoo, the closing breakfast, and a risk management talk. She also attended a lecture on form-based zoning, which she understands now.

Stackpoole said she was pleased by the conference. In a civic engagement course, the talked about how to engage in problem solving with less reliance on government. She also attended the breakfast for women, the vendors reception, and the award ceremony for Latham Village and their community time bank.

Algazali didn't go because he was working in the city.

Ahmed was not able to go due to a death in his family and offered to reimburse the city for any expenses.

Klein said he attended a lecture about Kalamazoo's successful brownfield redevelopments. He said that the program has turned Kalamazoo's downtown into one of the most successful in the state. A seven-screen movie theater was built downtown when developments of the sort were not being built. Klein said networking across Michigan is also important because all cities face similar challenges, and elected officials don't have all the answers.

Kazi Miah requested a change in the blight ordinance amendment. Commercial vehicles would be excluded from the city, including taxi cabs. Many residents only have one vehicle and the economy is bad. They can't keep their car safe if it is not parked in front of their house. He urged them to make an exception for taxi cabs.

Kamal Rahman also came to speak on behalf of cabs. Ladd verified for him that cabs are included in the amendment. The taxi cab association was present in the gallery, and asked him to voice their concern. Cabs are the same size as regular cars, and many people use the cab as their primary vehicle. They work near Hamtramck, and often stop home to check on things. If they must park on a commercial street, the cabs may be vandalized. They would not even be able to park their cab in their driveway under the amendment, and he asked that the council change it.

All voted for the consent agenda.

Snow removal: Shulgon said that the bids were $11900, $11092, and $14,500. The recommended contractor, Independant, bid much higher than even the highest bidder on sidewalks. Salting was part of the bid specifications, and they didn't bid on it, so the cost is unknown. He is not an expert on plowing, but they bid $50 for Yemans from Joseph Campau to Conant; the next lowest bid was $220.

Ladd said that the major streets and parking lots are done all the time. Sidewalks are rarely done because the businesses are supposed to take care of it. Parking lanes on Joseph Campau are only done when the county plows. The bids on those items were $6570, $7181, and the current contractor, Platinum, bid $11545. The city has used DPW workers to salt sidewalks in the past.

Shulgon asked again if the service cost would really be a low as the bid. Ladd reassured him that the company understood what they were bidding on. They said that they did it 5 years ago when they were with Rizzo. A $15000 bond will be available to contract another company if they fail to deliver.

Gordon agreed with Shulgon about the incomplete bids. She asked if the plow would make one pass, or as many as it takes. Ladd said they had to make as many passes as it takes, or the contract is void. He said they had done the work before. Rizzo had the contract here and verified that they worked for Rizzo. He is required to bring the lowest bid, and it is up to the council to decide if it is in the best interest of the city.

Gordon said that in the two years Platinum has plowed the streets, there have been no complaints. Independant has a response time of 1 hour rather than minutes. She asked if the $3500 difference in price was less than the business taxes, income taxes, and property taxes that Platinum pays to the city; 70% of their employees are residents. Platinum plowed several times when the county didn't plow.

Ladd says Platinum had 4 contracts with the city, and has been great. The bid does not speak to their ability. Cooper said it was possible that the taxes outweigh the price difference, but it would have to be verified. Gordon said Platinum has also worked at spring clean-ups, and they didn't bill the city for times when they bailed out the county.

Algazali asked why there was no bid for sidewalk salting. Ladd said they chose not to bid because part of an old bid said salt was not to be put on the concrete, but since the concrete is older now, Ladd decided it would be okay to salt. Algazali said the other companies had to name a price. Ladd said the city doesn't salt sidewalks often.

Ahmed asked if the DPW has equipment to clear sidewalks. Ladd said the DPW employees would fight through it. Ahmed was worried the company wouldn't follow through on the contract. Ladd said he could void it and call someone else.

Klein called the city attorney in from the hallway to ask if a party that breaches a contract is liable. Allen agreed they could be liable for damages.

Klein said the second lowest bidder included sidewalks. Ladd said they have never had a municipal contract, only parking lots and shopping malls, and he would reject their bid on that basis.

Shulgon asked what experience Independent has. Ladd said they worked for Rizzo on municipal contracts before leaving. Gordon clarified that the bidder was a direct employee of Rizzo, and that the bidding company has never had a municipal contract.

Gordon asked if the other bidders knew they could blow off bidding on some items. It is at a company's advantage not to bid on items if his bid will be higher. Ladd repeated that he looked at the services we use the most.

Shulgon couldn't believe that the bid of $50 on Brombach with the fire lane was possible. Ladd replied that the plow will make at least three passes.

Stackpoole said that several bids did not cover every item. Klein said he had seen sheets with whole categories left blank. Gordon clarified that the blanks on the other bids on this contract were for "additional equipment".

Algazali said that the lowest bidder is insured. Majewski said the lowest bid is not always recommended. Ladd agreed that there are some contractors that he will never hire again, no matter what they bid. There were only two companies on the list that he would recommend, and he chose the lowest bidder because the budget is tight. The city spent $200,000 more than budgeted on snow removal last year. Vacant buildings have been a challenge. Gordon and Algazali voted against it, but the resolution passed.

Vehicle blight:Klein moved to amend the ordinance to exclude cabs. Cooper said the definition is in the original ordinance, not the amendment. He suggested accepting it as was and amending it later.

Ahmed asked what other vehicles were included. Ladd said all trucks with commercial licenses would be included, but the problem has been with ice cream trucks and work trucks that are owned by people who do not live in Hamtramck. Klein argued that some cabs are owned by the cab company. Ladd said the city would check the residency of the owner, and that the police told him there was no ordinance against having 6 ice cream trucks in the back yard.

Cooper said the problem has been with parking larger vehicles in driveways, and there are yards with pads where trucks are parked, and it is currently legal. The purpose of the amendment is to stop that. The administration never thought about taxi cabs. If cabs are exempted, they may have to consider commercial vans.

Algazali wanted to exempt ice cream trucks for winter storage. No one supported his amendment. Klein suggested exempting trucks based on weight or number of axles. Ladd said the concern is for residents who have to look at the neighbor's ice cream trucks, and he doesn't want to give people a hard time, but they have to follow rules.

Ahmed wanted to exempt construction trucks, though he is against exempting ice cream trucks. Majewski suggested again that they could just pass the ordinance and change it later.

Gordon asked if the police had been involved. The police chief told her he had not been asked for input. Ladd said it depends on who you talk to, and that the police will not respond to parking complaints that are not in the street. Gordon said there are many working people in town, and there are commercial vehicles. If they can't park in the street or at their house, the city should provide somewhere to park.

Shulgon asked where an independent painter should park. There is already an ordinance against commercial vehicles on the street between 2 a.m. to 6 a.m..

Gordon asked who would enforce the ordinance. Cooper replied that it would be a combination of code enforcement and the police department. The police said they had no way to enforce it, and code enforcement doesn't work nights and weekends. Cooper suggested postponing the vote until it is rewritten.

Klein said other cities with bans don't have alternatives, and he isn't sympathetic to vehicle owners. All voted to postpone.

Fire department vehicles: The resolution was for the purchase of new vehicles for the fire chief and fire marshall, outfitted with lights and sirens, for $47,609 through the state purchase program. Stackpoole wanted to look at used vehicles. Cooper said he didn't look for used cars, but the vehicles being replaced have serious problems. Stackpoole argued for looking at previously leased vehicles because she drives old cars. Cooper said he would look at used cars if directed, but upgraded systems are needed for equipment. Gordon said that no other municipality buys used vehicles. Stackpoole voted against it, but the resolution passed.

PD vehicle: Gordon asked who it was for. Cooper replied that it is for the ID unit for transportation to and from crime scenes. The purchase was to be made with drug forfeiture funds. Stackpoole was not present when the vote was taken, but all voted in favor.

Pawn broker: Shulgon asked how many pawn shops are in the city and if there is a limit by ordinance. He also wanted to know if the applicant was being financed by another person who couldn't pass the background check. Cooper didn't know how many pawn shops there were, but there is no ordinance against them. The city clerk would have to speak to the background of the owner, but they have met all the requirements of the ordinance.

Gordon asked if there was a legal basis to deny the request. Cooper said there was not. Ahmed asked why council had to approve it. Cooper explained that the ordinance requires two surety bonds and needs to be amended. Algazali asked what is at 12177 Joseph Campau now. The clerk replied that it is a vacant building.

Majewski called the city attorney in from the hallway to ask if the license could be denied. Allen said they couldn't have a double standard, though council can change the law. They can't have standards on the books and not abide by them.

Stackpoole wanted to vote on whether or not she wants another pawn shop in town. Allen said they had to amend the ordinance. Klein suggested requiring both surety bonds. Allen said they could, but the ordinance should be amended. He recommends changing it during the re-codification. Council waived the second requirement for the last applicant.

Ahmed doesn't like pawn shops and always voted against them in the past. The ordinance was to be changed. There is no business in the building now, and he doesn't know why. Allen said they will just pay the $100 for the second bond and come back in two weeks. Klein voted against it, but the resolution passed.

Surveillance camera installation agreement: With no discussion, all voted in favor.

City manager report

Cooper was still working on revenue and expense projections. He hoped to present them in mid-October.

Majewski (appropriately) scolded Gordon for sending text messages during the meeting.

Cooper continued to say that he may not have revenue estimates at that time.

He thought the MML conference was informative. Cooper attended a lecture on form-based zoning, and said that it could cause a complete change in the code, though he isn't sure we're ready.

He also attended a lecture on the Open Meetings Act, the brownfield tour, and a presentation on Web 2.0 and effective use of the internet. Cooper also talked to other city managers facing similar challenges.

Non-agenda

Klein said that the Michigan House was considering the budget, and people should call Bert Johnson to tell him to vote against the 11% cut to local governments. The library would be cut 40%. Detroit might loose $38 million in revenue sharing. Majewski said it was important to have the specific information to make phone calls. Cooper estimated a loss of $400,000. Shulgon said the state has a deficit, and they probably won't budge. Cooper said they had to try.

Stackpoole thanked Ladd for a demolition on Casmere at St Aubin. The building has been a problem for more than a decade.

Algazali repeated his complaint that there are not screws in every hole on the new street signs. Cooper said they have been checked and are installed to the state standard.

Algazali asked if a fire damaged house on Gallagher would be demolished. Cooper didn't know what he was talking about.

Gordon suggested calling the city during the week instead of asking these questions during the meeting.

For the numerous towing companies in the audience, Gordon asked what is happening with that contract. Cooper said that the police department was evaluating the next four companies on the list, and looking at the problems with the first bid and other issues. They are double checking facilities, background checks, and references. Some problems have been discovered, and appropriate action has been taken. The contract will be before council at the next meeting.

Klein said he asked a councilman in Madison Heights about the jurisdictional issue, and they use a service located in Macomb county. He wanted to see more about those disqualified.

Klein asked Cooper to give an overview of a "zero tolerance" program in a newspaper. Cooper said there have been enforcement problems with landlords, and people are complaining in different neighborhoods. Code enforcement has been stepped up against major offenders. Three properties have been condemned and more violations issued. The new program will put police, code enforcement, and the fire marshall to address problem areas. They will concentrate on the areas with many police calls. An ordinance pulled from the agenda was another way for the city to get in to look at properties. He said they would concentrate on a block or two at a time, and big cities send 100 people into one area. Each code officer has been working in a quadrant, and the DPW plans to pull them off regular areas to double up. Police officers might be sent to watch certain areas.

Public Comment

Majewski said that the closed session might be long, and she didn't think there would be a vote. Klein and Cooper disagreed, saying they would vote. The purpose of the closed meeting was stated as litigation and contracts without reference to any specific case.

Troy of Troy's Towing was there to address a rumor that his company sued Hamtramck in the past. He signed a release when the contract was terminated in 2004, holding the city harmless. His company did a great job at serving the city and exceeded the expectations of the police with 12 minute ETAs.

Steve Shaya , on the snow plow contract, said that any contractor bidding must fill out every catagory or the bid is to be void. The city can't split contracts due to Section 8 of the city charter.

Ahmed said he didn't know it would be taken personally, and he was just doing as the director suggested.

Gordon said that if the city attorney had been in the room when the bid was discussed, they might know more.

Stephanie Hines of Sullivan's Towing said that bidding has been a great learning experience. If the snow plow bid was any indication, the fact that her company has never had a city contract worked against them. She will have to look into the jurisdictional laws. Towing companies have been seen as shady businesses, and she wants to change that. They serve customers in Detroit, Dearborn, and as far away as Ecorse.

Closed session

A five minute recess was taken. When the meeting was called back to order, council voted to go into closed session without stating a case or contract. I asked before leaving, and was told that the city manager's contract would be discussed. I stayed until Cooper officially requested for the meeting to be closed, as is his right. Council refused to state which lawsuit.

I sat out in the hallway to see if a vote was taken. After probably an hour, councilman Shulgon came out for a cigarette, and opened the door long enough for me to hear Klein screaming the words "drunken bitch". Later, Cooper came out for a cigarette as well. We stood in the stairwell to the police department so as to not hear the screaming.

When the meeting was reopened to the public, Klein moved to approve a 3-year contract with the city manager, and attached a limitation to the resolution that the council could only discuss the issue for 5 minutes during the open meeting.

Stackpoole said that with the financial situation being poor for the next 5 years and revenue sharing cuts, that it is important to have stability, and the Cooper is doing a very good job.

Gordon said they should only give an extension for a maximum of 2 years because there is a budget deficit projected, and she also disagreed with the 18-month golden parachute included. There was no incentive for performance.

Algazali didn't understand why the assumption was made that a new council will get rid of Cooper. He wanted to see 5-10% salary cuts across the board at City Hall. He complained that contracts are brought to the council at the last minute, and that the city attorney works for the mayor and city manager, not the council.

Ahmed said they talked about it in closed session, and that they were keeping a good captain.

Klein said their 5 minutes was up.

Allen said he didn't draft the contract on his own, that he was asked to do it, and that his job is to take the information for the person requesting it and return a draft.

Majewski agreed with Stackpoole, and said that Algazali's objection was not valid because council meetings are the only appropriate place to discuss contracts.

Gordon and Algazali voted against it, Shulgon abstained. The contract was approved. Majewski wanted a clarification on who is allowed to abstain. Stackpoole thought abstention was only allowed when there is a conflict of interest. Shulgon said he didn't vote because he wasn't allowed to speak. Stackpoole faulted Shulgon for having left the room earlier.