CITY OF NORTH MUSKEGON SPECIAL CITY COUNCIL MEETING Wednesday, January 4, :30 p.m. A G E N D A

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1 CITY OF NORTH MUSKEGON SPECIAL CITY COUNCIL MEETING Wednesday, January 4, :30 p.m. 1. Call Meeting to Order 2. Roll Call 3. Pledge of Allegiance 4. Public Comment A G E N D A 5. Public Hearing 425 W. Circle Variance Request 6. Consent Agenda a. Minutes of the December 19, 2011 Regular Meeting b. Bills and Transfers Bills and transfers between December 16, 2011 and December 29, 2011 in the amount of $523, as follows: General Fund $ 17, Major Streets 91, Community Events Sewer Fund 23, Water Fund 21, Equipment Fund 5, Trust & Agency 364, TOTAL $523, Old Business a. Union Contract and Non Union Benefits 8. Communications 9. Work Session Master Plan

2 CITY OF NORTH MUSKEGON SPECIAL COUNCIL MEETING TO: CITY COUNCIL COUNCIL MEETING DATE: January 4, 2012 AGENDA ITEM NUMBER: 5 RE: Variance Request Paul & Nancy Taylor, 425 W. Circle Dr Summary of Request: The Taylors are requesting a variance from Zoning Ordinance Section 3.02 Accessory Buildings, Structures and Uses, B to construct an accessory structure closer than ten feet to their existing dwelling. Section 3.02, B reads: No detached accessory building shall be closer than ten (10) feet to any main building. The application, a sketch of the property from our Assessing records, and a sketch showing the addition and placement of the new garage provided by the contractor are attached. The prints for the proposed construction will be available at the meeting. Financial Impact: None Staff Recommendation: Staff recommends that the request be approved. If they were to move the accessory structure back or closer to the side lot line, they would not be able to maintain setback requirements which would still require a variance

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7 CITY OF NORTH MUSKEGON COUNTY OF MUSKEGON, STATE OF MICHIGAN COUNCIL MEETING MINUTES December 19, 2011 The meeting was called to order at 6:00 p.m. by Mayor Pro Tem Tom Anderson PRESENT: ABSENT: Mayor Chris Witham, Mayor Pro Tem Tom Anderson, Council Members Mary Fisher, Jan Koens, Patricia McKibben, Bill Mogren, and Chuck Woods Mayor Chris Witham and Council Member Mary Fisher ALSO PRESENT: City Manager Dennis Stepke and Attorney Michelle Heckman Work Session: Mayor Pro Tem Anderson noted that BernieO s was celebrating their 5 th year tonight. Mayor Pro Tem Anderson has received concerns about the condition of some rental properties. Mayor Witham called the regular meeting to order at 6:05 p.m ROLL CALL City Clerk Marcia Jeske called the roll PUBLIC COMMENT CONSENT AGENDA a. Minutes December 5, 2011 Regular Meeting Minutes Summary of Request: To approve the meeting minutes. Mayor Pro Tem Anderson added and Council Rules of Procedure to the first paragraph on page 2. b. Bills & Transfers: Summary of Request: To approve all bills and transfers December 2, 2011 December 16, 2011 in the amount of $460, Mayor Pro Tem Anderson moved, seconded by Council Member Woods to approve the Consent Agenda as amended OLD BUSINESS a. Unifed Communications System Resolution

8 City Council Meeting 2 December 19, 2011 Council Member Woods moved, seconded by Council Member McKibben to approve Resolution to participate in Muskegon Central Dispatch s Voice Over Internet Protocol (VOIP) telephone system for a cost not to exceed the December 5, 2011 cost estimate. ROLL CALL VOTE: Ayes: Woods, McKibben, Anderson, Fisher, Koens, Mogren and Witham (7) Nays: None b. Berry Junction Trail Council Member Woods noted that the Berry Junction Trail Committee finds that the most economical extension of the trail would be from the Canary to Dykstra Road. The Committee is urging the County to approve the next phase of the bike trail construction to travel through the Industrial Park property in Muskegon Township. The third phase of the plan is to connect to our trail near the Canary Inn. c. Booster Pump Financing Water Fund Rate Study Council Member Koens explained that the Finance Committee had met to discuss the replacement of the Booster Pump among other things. They determined that we need to look at the financial cash flow and see if replacement of the pump is doable. Council Member Mogren added that Treasurer Kristy Mattson provided a report that shows when rates go up, usage goes down. Council Member Woods added that Finance Committee was in favor of purchasing the generator now since there are funds to do so. Council Member Koens moved, seconded by Council Member Mogren to authorize City staff to request bids for a generator to run the booster station, not to exceed $30,000. ROLL CALL VOTE: Ayes: Koens, Mogren, Anderson, Fisher, McKibben, Woods and Witham (7) Nays: None Bill Danly added that a finance report by Williams and Works and Black and Veach suggested replacement of the Booster Station. The water tower will be here a long time and a rate study may be needed. Mayor Witham asked City Manager Stepke how much of a savings is to be expected with the proposed water agreement. City Manager Stepke responded

9 City Council Meeting 3 December 19, 2011 that the City s rate would be reduced from 1.35% to 1.25% above their normal customer usage charge. Council Member Koens asked staff to look at the rates. Mayor Witham suggested that we talk with other people before we sign a contract. Mayor Witham and City Council determined that they would hold a work session after the January 4, 2012 special meeting to discuss a master/strategic plan. Bill Danly offered to obtain examples of master plans. d. Other Council Member Woods noted that he had a complaint that the City s Police Reports are not printed in the newspaper. It was determined that the City is reporting the information but the Chronicle isn t printing it NEW BUSINESS a. Appointment of City Manager Mayor Pro Tem Anderson moved, seconded by Council Member Koens, to reappoint Dennis W. Stepke as City Manager. b. Appointment of City Attorney Council Member Fisher moved, supported by Council Member Koens, to acknowledge and concur with the contract specifications signed in January, 2011 with John Schrier, Parmenter O Toole for ROLL CALL VOTE: Ayes: Fisher, Koens, Anderson, McKibben, Mogren, Woods and Witham (7) Nays: None c. Appointment of Council Committees, Planning Commissioners and Recreation Board Members. Mayor Witham recommended the following appointments: Planning Commission Brian Leibrandt John Snider III Steven Szatkowski Mayor Pro Tem Anderson moved, seconded by Council Member Fisher to appoint the above mentioned members to the Planning Commission serving a three year term to expire on 12/31/2014.

10 City Council Meeting 4 December 19, 2011 ROLL CALL VOTE: Ayes: Anderson, Fisher, Koens, McKibben, Mogren, Woods and Witham (7) Nays: None Recreation Board Alex Bartoli Susan Snider Judy Mitchell Council Member Fisher moved, seconded by Council Member Mogren to appoint the above mentioned members to the Recreation Board serving a three year term to expire on 12/31/2014. ROLL CALL VOTE: Ayes: Fisher, Mogren, Anderson, Koens, McKibben, Woods and Witham (7) Nays: None Mayor Witham asked Council members to select a committee that they would be willing to serve on for They are as follows: FINANCE Bill Mogren Jan Koens Patricia McKibben Alt: Mary Fisher PUBLIC SERVICE Chuck Woods Mary Fisher Chris Witham Alt: Tom Anderson PUBLIC SAFETY Patricia McKibben Jan Koens Tom Anderson Alt: Chuck Woods Mayor Witham also requested that Council Members volunteer for the following: PLANNING COMMISSION Patricia McKibben Recreation Board Chuck Woods Miscellaneous Committees:

11 City Council Meeting 5 December 19, 2011 Berry Junction Trail Commission Chuck Woods Muskegon Lake Watershed Committee Partnership Bill Mogren Muskegon Area First Tom Anderson West Michigan Shoreline Regional Development Commission Tom Anderson Veterans Memorial Park Jan Koens Library Task Force Mary Fisher Zephyr Stakeholder Committee Bill Mogren d. Art Fair J nai Closz sent communications stating that she had accepted the position of Art Fair Chairman for She was requesting that the $500 Chairman fee be reduced and the savings be carried on to the vendors. Diane Sexton, CUMC spoke about the church s participation. Last year the United Methodist Women s Group, who hosts the ice cream social on the day of the art fair, stopped making and selling pork bbq s. Sales have dwindled each year and they are now of the mind to stop the ice cream social all together. She continued that she is an avid art craft shopper and she feels that craft shows have run their course. Council discussed the suggestion by J nai and Chuck Woods, who is now on the Recreation Board stated he would contact her and discuss alternatives. e. Other Mayor Witham received a call that the asphalt in the parking lot behind the Community Center is atrocious. He asked that it be put on the radar for paving CITY MANAGER S REPORT City Manager Stepke reported that he attended a Muskegon Area First meeting this afternoon. In attendance was Ed Garner (MAF), a representative from Michigan Economic Development Corporation (MEDC), two Muskegon Township representatives and two principals from a company interested in purchasing the Northshore Hospital property. City Manager Stepke continued that the group walked the property. An option for 6 months may be forthcoming. City Manager Stepke stated that we have a verbal agreement for the Willbrandt property purchase and delineation of 17 acres. The purchase price will be the grant amount minus attorney fees. Attorney Michelle Heckman stated that she represented the City in the barking dog incident. The judge was sympathetic to Ms. Davis. The Maguires were found responsible and told to come up with a plan by December 15. They did and Ms. Davis was satisfied. Mr. Maguire seemed more aware of the situation COMMUNICATIONS

12 City Council Meeting 6 December 19, 2011 a. Department Reports November Building and Police ADJOURNMENT Council Member Mogren moved, seconded by Mayor Pro Tem Anderson to adjourn the meeting at 7:15 p.m. Approved Marcia Jeske, City Clerk

13 CITY OF NORTH MUSKEGON AND TEAMSTERS LOCAL 214 SETTLEMENT TERMS 1. Contract to expire November 30, Wage increase of 0.5% effective upon execution of the contract. 3. As to on call work (Section 9.3), City would agree a) not to expand the requirements for carrying the pager for unit members; b) will provide a schedule for the year, subject to the right to revise the schedule if deemed necessary by the City; c) City has the right to fill any other weekend or night with non-bargaining unit employees; and d) hours carrying the pager or called in do not count towards the hours a part-time employee must work to be considered for union membership under Section Remove Family Status and Residence from considerations for layoff in Section Sick Leave Payout must be contributed to a 457 Plan. 6. Section 25.1 Health insurance be provided to new employees on the first of the month following completion of probation (6 months). 7. City s plan for deductibles and co-insurance is applicable to this unit. The individual employee s deductible and co-insurance is split 80% paid by City and 20% is paid by the employee. 8. Employees shall contribute 10% of health insurance premiums. 9. Section 25.5 Limit optical reimbursement to $800 per year per employee. 10. Delete the last sentence of Section 26.1E. S:\mjeske\CITY CLERK\CITY COUNCIL\Teamsters\HO5957-CBA Settlement Terms.docx

14 11. Add a provision permitting sub-contracting. The language would be: The City agrees that work customarily done by the Bargaining Unit will not be contracted out as long as the City has operable equipment and qualified employees available to do the work which is required, provided that the cost of doing the work in house will not exceed the cost of contracting the work out. In any event, no subcontract shall be entered into without the City having given thirty (30) days written notice to the Union in advance of said subcontract, and without first having negotiated with the Union as to the effects of said subcontract upon the members of the bargaining unit. Upon the expiration of a given subcontract, the Union shall have the right, upon thirty (30) days' advance written notice and/or demand, to negotiate the issue of whether bargaining unit members can perform the work at a cost savings to the City from that of contracting the work out. 12. For members hired after January 1, 2012, the annual employer contribution for retirement plans may not exceed 10% of base salary for the employee. 13. Effective January 1, 2012, final average compensation shall not include overtime. 14. Effective January 1, 2012, final average compensation shall not include in excess of 240 hours of paid leave. S:\mjeske\CITY CLERK\CITY COUNCIL\Teamsters\HO5957-CBA Settlement Terms.docx