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CITY OF MUSKEGON
CITY COMMISSION MEETING
NOVEMBER 24, 2020 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
REMOTE MEETING
AGENDA
□ CALL TO ORDER:
□ ROLL CALL:
□ HONORS AND AWARDS:
□ PUBLIC COMMENT ON AN AGENDA ITEM:
□ IMMEDIATE ACTION REQUESTED:
A. Remote Meeting Procedures City Clerk
□ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. 2020-2021 School Resource Officer Agreement Public Safety
C. 2020-2021 Winter Parking Ordinance Amendment Public Safety
D. Ramos Towing Agreement Public Safety
E. Social District Permit Recommendation Economic Development
F. MERS Defined Benefit Plan Adoption Agreements Addendum Finance
G. PRI Document Approval – Jackson Hill Infill Housing Loan
Development Services – REMOVED PER STAFF REQUEST
H. Trinity Village (COGIC Village) PILOT Agreement Termination Treasurer
□ PUBLIC HEARINGS:
A. Beach Street Utility Special Assessment Public Works
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
A. Amendment to the Zoning Ordinance - Marihuana Planning
B. Community EnCompass Infill Housing Development Agreement and
Funding Economic Development – REMOVED PER STAFF REQUEST
Page 1 of 2
□ ANY OTHER BUSINESS:
□ PUBLIC COMMENT:
► Reminder: Individuals who would like to address the City Commission shall do the following:
► Fill out a request to speak form attached to the agenda or located in the back of the room.
► Submit the form to the City Clerk.
► Be recognized by the Chair.
► Step forward to the microphone.
► State name and address.
► Limit of 3 minutes to address the Commission.
► (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
□ CLOSED SESSION:
A. Discussion of Pending Litigation
□ ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS
WHO WANT TO ATTEND THE MEETING UPON TWENTY-FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE
CONTACT ANN MARIE MEISCH, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231) 724-
6705 OR TTY/TDD DIAL 7-1-1-22 TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705.
Page 2 of 2
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 11/24/2020 Title: Remote Meeting Procedures
Submitted By: Ryan Cummins Department: Clerk’s Office
Brief Summary: Public Act 228 of 2020 amended the Open Meetings Act to allow for electronic
meetings. The Act requires that if the City wishes to conduct electronic meetings, that it adopts
electronic meeting procedures.
Detailed Summary:
Public Act 228 of 2020 amended Section 3 of the Open Meetings Act (OMA) and added Section 3a
to the OMA to permit, in certain circumstances, public bodies to meet electronically and to permit
members of those public bodies to participate in, and vote on, business before the public body
remotely.
The Act requires the public body, as defined in Section 2(a) of the OMA, being the City Commission,
including all boards, commissions, committees, subcommittees, or authorities of the City of
Muskegon, to establish procedures to ensure compliance with the requirements of the Act related to
electronic meetings.
It is recommended that the City Commission establish the following electronic meeting procedures
for itself and all of the public bodies of the City to comply with this statutory requirement.
Amount Requested: N/A Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion:
To establish the following procedures to permit the City Commission and all other public bodies of
the City of Muskegon to meet electronically and vote on business before the public body remotely.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
CITY OF MUSKEGON
PROCEDURES FOR ELECTRONIC MEETINGS AND
ATTENDANCE BY MEMBERS REMOTELY
Introduction
Public Act 228 of 2020 (the Act) amended Section 3 of the Open Meetings Act (OMA)
and added Section 3a to the OMA to permit, in certain circumstances, public bodies to
meet electronically and to permit members of those public bodies to participate in, and
vote on, business before the public body remotely.
The Act requires the public body, as defined in Section 2(a) of the OMA, being the City
Commission, including all boards, commissions, committees, subcommittees, or
authorities of the City of Muskegon, to establish procedures to ensure compliance with
the requirements of the Act related to electronic meetings.
The City Commission establishes the following electronic meeting procedures for itself
and all of the public bodies of the City to comply with this statutory requirement.
Circumstances Permitting Electronic Meetings and/or Remote Participation by
Members
Electronic meetings of City of Muskegon public bodies, in whole or in part, and/or
attendance by members of those public bodies remotely may be permitted under any of
the following circumstances:
a. Before January 1, 2021, for any circumstances.
b. On and after January 1, 2021 through December 31, 2021, only for one of
the following:
i. Military service.
ii. A medical condition.
(1) Medical condition means an illness, injury, disability, or other
health-related condition, including recommended quarantine.
iii. A statewide or local state of emergency or state of disaster
declared pursuant to law or charter by the governor or a local
official or local governing body that would risk the personal health
or safety of members of the public or the public body if the meeting
were held in person, but only to permit the following:
(1) To permit the electronic attendance of a member of the
public body who resides in the affected area.
(2) To permit the electronic meeting of a public body that usually
holds its meetings in the affected area.
c. After December 31, 2021 only in the circumstances requiring
accommodation of members absent due to military duty.
Meetings held Electronically
a. Communication
The City of Muskegon will utilize electronic video and/or audio services or
equipment that ensures 2-way communication so that during the electronic
meeting members of the public body can hear and be heard by other
members of the public body and so that participants in the electronic
meeting can hear members of the public body and can be heard by
members of the public body and other participants during the public
comment period.
i. Members of the general public will not be excluded from a
meeting otherwise open to the public except for a breach of the
peace actually committed at the meeting.
ii. Members of the general public otherwise participating in a
meeting of a public body held electronically under this policy are
to be excluded from participation in a closed session of the public
body held electronically during that meeting if the closed session
is convened and held in compliance with the requirements of the
OMA applicable to a closed session.
b. Notice
i. Any meeting to be held electronically shall be preceded by a notice
posted at least 18 hours before the meeting on the City’s website
that is fully accessible to the public. The notice shall be posted on
the homepage of the website or on a separate webpage dedicated
to public notices for non-regularly scheduled or electronic public
meetings.
ii. The notice of the electronic meeting shall include all of the
following:
(1) Why the public body is meeting electronically.
(2) How members of the public may participate in the
meeting electronically, including the Internet address to
view the meeting along with instructions on how to
participate in public comment.
(3) How members of the public may contact members of the
public body to provide input or ask questions on any
business that will come before the public body at the
meeting.
(4) How persons with disabilities may participate in the
meeting.
c. Agenda
If an agenda exists for an electronic meeting, the agenda for that meeting
shall be made available to the public at least two hours before the
electronic meeting begins by posting the agenda on the portion of the
City’s website that is fully accessible to the public. Posting of the agenda,
however, shall not prohibit subsequent amendment of the agenda at the
meeting.
d. Identification of the Public
The City of Muskegon shall not, as a condition of participating in an
electronic meeting, require a person to register or otherwise provide
his or her name or other information or otherwise to fulfill a condition
precedent to attendance at the meeting. However, the City of
Muskegon may require a person to identify themselves as may be
necessary to permit the person to participate in the public comment
period of the meeting.
Remote Participation by Members of the Public Body
a. Communication
i. When a member of a public body is physically absent from a
meeting, but attends the meeting remotely as permitted by this
policy, the City of Muskegon shall utilize electronic video and/or
audio services or equipment that ensures 2-way communication so
that during the meeting the member can hear and be heard by
other members of the public body and so that participants in the
meeting can hear and be heard by the member.
ii. For each member of a public body attending the meeting remotely,
that member shall announce at the beginning of the meeting that
he or she is attending the meeting remotely and shall, except when
his or her absence is due to military duty, announce the member’s
physical location by stating the county, city, township, or village and
the state from which he or she is attending the meeting remotely.
These announcements must be included in the minutes of the
meeting.
b. Notice
i. When a member of a public body will be physically absent from a
meeting, but will be attending the meeting remotely, the City of
Muskegon shall post at least 18 hours before the meeting on the
City’s homepage or website dedicated to public notices for non-
regularly scheduled or electronic public meetings a notice that the
member of the public body will be attending the meeting remotely.
ii. The notice shall include e-mail information about how to contact the
member of the public body who will be attending the meeting
remotely, so that all members of the public may contact the
member to provide input or ask questions on any business that will
come before the public body at the meeting.
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: November 24, 2020 Title: Approval of Minutes
Submitted By: Ann Marie Meisch, MMC Department: City Clerk
Brief Summary: To approve the minutes of the November 9, 2020 Worksession Meeting, the
November 10, 2020 Regular City Commission meeting, and the November 13, 2020 Special City
Commission Meeting.
Detailed Summary: N/A
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: To approve the minutes.
For City Clerk Use Only:
Commission Action:
CITY OF MUSKEGON
CITY COMMISSION WORKSESSION
COMMISSION CHAMBERS
933 TERRACE STREET
MUSKEGON, MI 49440
Monday, November 9, 2020
5:30 p.m.
MINUTES
2020-81
Present: Mayor Gawron, Vice Mayor Hood (arrived at 5:38 p.m.), Commissioners
Rinsema-Sybenga, Emory, Johnson, Ramsey, and German
Convention Center Funding and Construction Update – City Manager
Jeff Salowitz, from Construction Simplified, owner’s representative presented
information to the City Commission regarding the impact of mitigating PFAS, the
discovery of an oil well, and the impact of COVID-19 on the Convention Center project
and the impact on the budget for the project. Mr. Salowitz presented options on
potential cost mitigating items showing the maximum savings and the recommended
course of action for each item.
Discussion ensued regarding the potential cost mitigating items listed, funding, and
construction update.
Update to the Lot Sale Policy- Planning
Staff has prepared an updated lot sale policy that outlines procedures and incentives to
direct the use and sale of vacant, city-owned residential properties. Amendments to the
draft policy have been made since discussing at the October Work Session.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
to further amend the Lot Sale Policy to specify that buildable lots sales will need
to be approved by the City Commission and non-buildable lots will be handled
through the Planning Department and that the update to the Lot Sale Policy
should be reflected in the Commission Policy as well.
ROLL VOTE: AYES: Rinsema-Sybenga, Emory, Johnson, Gawron, Hood,
Ramsey, and German.
NAYS: None
MOTION PASSES
This item will be on the Regular City Commission meeting agenda for November 10,
2020 for consideration.
Marihuana Social Equity – Planning
At the November 12 Planning Commission meeting staff will be proposing to allow
microbusinesses, designated consumption establishments, Class A recreational grows
(up to 100 plants), Class B recreational grows (up to 500 plants), Class A medical grows
(up to 500 plants) and temporary marihuana events in B-2, B-4, MC, I-1, and I-2 zoning
districts with the issuance of a special use permit. In order to obtain the special use
permit, the following conditions must be met:
1. The property must not be located within 500 feet of a school.
2. The site plan must demonstrate the removal of blight from the property; including
dilapidated fences signs, light poles, etc.
3. Signage shall be limited to one sign, no larger than 25 square feet and shall not
use the word marihuana/marijuana, cannabis or any other word or phrase which
would depict marihuana/marijuana; nor may pictures of a leaf or leaves, green
cross or any other rendering which would depict marihuana/marijuana be
displayed on a sign or any part of the building.
4. Microbusinesses and designated consumption establishments may only operate
between 8 am to 12 am.
5. Designated consumption establishments licenses may be stacked with the other
license types. However, no other license type may be stacked with each other.
6. The special use permit may be revoked by the Planning Commission if odor
nuisances persist.
Discussion took place regarding the proposed allowances.
Update on Rezoning Mailings - Planning
Staff is proposing to mail out the rezoning notice letters (McLaughlin, Angell, Jackson
Hill neighborhoods) on November 18. The letters will note that anyone who would like to
comment can do so at the December 8 City Commission meeting, where the tabled item
will be addressed again. There are about 2,500 properties that will be noticed, some of
them which have an owner and tenant(s).
Revised Winter Parking Plan – Public Safety
Revise (1) LO09 of the effected city ordinance (92-71), staff received information that
the current ordinance was problematic in our downtown designated area. With the
increase of full-time residents living downtown parking is a premium throughout the day
and night. Staff is proposing a change to the downtown area to accommodate residents
and business patrons that frequent the designated area.
Proposed Change – Downtown designated area – odd/even would be implemented
with the hours 12:00 a.m.to 7:00 a.m. (parking allowed on one side of street that would
align with the calendar/address). This will allow residents and patrons downtown to
utilized parking spots both sides of the street from 7:00 a.m. until 12 Midnight on any
day during the Winter Parking Ban. Currently we allow parking downtown on both sides
of the street, except between the hours of 2:00 a.m. to 6:00 a.m. in which NO parking
was allowed. This proposed revision would allow street parking twenty-four hours per
day, except for a seven-hour period that would allow DPW to complete necessary street
maintenance during the winter months. * See the attachment for LO09 parking
restrictions and downtown area designation*
Review and discuss the proposed change to the Winter Parking Ban restrictions in the
Downtown area. This item will be considered at the November 24, 2020 Regular City
Commission Meeting.
Lakeshore Art Festival Proposal – City Clerk
Because of COVID, the Muskegon Chamber of Commerce will no longer be conducting
the popular Lakeshore Art Festival and has approached the City to see if we are willing
to take it over. Carla Flanders has directed the art festival for many years and is very
knowledgeable about the event. Staff has approached Carla about her willingness to
continue in this role and assist staff with the Lakeshore Art Fair if the Commission
decides it is the direction the City would like to go.
The proposal is a contract from November 16, 2020 through September 1, 20201. Total
cost of the agreement is $29,000 plus 10% of any profit. The agreement is broken down
into 10 monthly payments of $2,900 each. If it is decided the event could not continue
because of COVID, we would not be obligated for future payments. Historically the
event has made money – up to $100,000. 2021 is unknow for obvious reasons but
evaluating the numbers with Carla and being very conservative, the event could break
even or make a small profit in 2021.
The event is a big undertaking and we do not feel we could do it as well without the
expertise of Carla Flanders. If it is the desire of the Commission to take over the
Lakeshore Art Festival, we would ask the Commission to consider building a future
relationship with CMF Marketing & Events to direct the art festival and educate staff on
the ins and outs of the festival.
If Commission decided to move forward with the Art Festival, I would ask the
Commission to approve expenditures not to exceed $175,000 towards expenses
understanding we will be receiving funds from booth spaces, sponsorships, food sales,
etc., that will offset the expenses. Any expenses over $15,000 will be brought to City
Commission for approval.
Commission discussion took place regarding this event and how to move forward with
how it would be administered by the city and if it should fall under our DDA.
Mercy Health Arena Investment Partnership with Lumberjacks – Mercy Health
Arena
In August, the City Commission approved the 4th Amendment to the Lumberjacks
Lease, which would amend Paragraph 14 to provide rent relief to the ream during
COVID-19 by reimbursing their facility improvements earlier than originally planned.
After further discussion with the team’s ownership, they are rescinding this request and
asking that we consider an updated 4th Amendment that would allow for additional
investment in the arena by ownership group. The team proposes that their ownership
would fund the investments now, and be reimbursed by the city over the next several
hockey seasons.
We are proposing an amendment to one section of the lease to accommodate
anticipated reduced capacity at the arena:
Paragraph 14. The parties agree the amount of advanced funds to be
reimbursed by the City to the Lumberjacks is $260,215.35 $381,215.35, which shall be
paid through five seven annual offsets of $52,343.07 against Base Rent owed by the
Lumberjacks to the City during the First Option Period (i.e. years 3 through 7) under this
Agreement. The annual offsets shall be applied to the first rents coming due to the City
during each year of the First Option Period, as follows: 2020-21 Season: $54,459;
2021-22 Season $54,459; 2022-23 Season; $54,459; 2023-24 Season; $54,459;
2024-25 Season; $54,459, 2025-26 Season; $54,459 2026-27 Season; $54,461
Detailed Improvement Summary. Most of these items are either missing from the arena
today or nearing end-of life:
• Cabling for internet and phone service is not up to today’s standard. Upgrading
the wiring and adding free WIFI hotspot areas for visitors will help year-round
with internet access downtown. Estimate total cost: $50,000.
• The main concession area has a number of necessary pieces of equipment that
are also failing or beyond normal life expectancy – specifically the commercial ice
maker and the walk-in cooler both need to be replaced or refurbished. Our food
options are significantly limited without access to a commercial hood. Estimated
total cost: $55,000
• Finally, there are approximately $13,000 in upfront expenses to kick off our
efforts to host more hockey tournaments and showcases.
Discussion took place regarding the proposed amendment to the Lumberjacks Lease
Agreement. This item will be considered at the November 10, 2020 Regular City
Commission meeting.
Adjournment: The City Commission Worksession adjourned at 8:25 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
CITY OF MUSKEGON
CITY COMMISSION MEETING
NOVEMBER 10, 2020 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, MI at 5:30 p.m., Tuesday, November 10, 2020,
Commissioner Willie German, Jr., opened the meeting with a prayer, after which
the Commission and public recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen J. Gawron, Vice Mayor Eric Hood, Commissioners
Ken Johnson, Dan Rinsema-Sybenga, Willie German, Jr., and Michael Ramsey,
City Manager Frank Peterson, City Attorney John Schrier, and City Clerk Ann
Meisch.
Absent: Commissioner Teresa Emory
PUBLIC COMMENT ON AGENDA ITEMS: Public comments were received.
2020-82 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve the minutes of the October 27, 2020
Regular Meeting.
STAFF RECOMMENDATION: To approve the minutes.
C. Update to the Lot Sale Policy Planning
SUMMARY OF REQUEST: Staff has prepared an updated lot sale policy that
outlines procedures and incentives to direct the use and sale of vacant, city-
owned residential properties.
Amendments to the draft policy have been made since discussing at the
October Work Session and again after discussion at the November 9, 2020 Work
Session.
STAFF RECOMMENDATION: To approve the lot sale policy as presented.
Page 1 of 5
D. Muskegon County Designated Assessor Resolution & Interlocal Agreement
Finance
SUMMARY OF REQUEST: To authorize the signing of the Resolution and Interlocal
agreement for Muskegon County Designated Assessor.
Public Act 660 of 2018 requires the appointment of a qualified individual to serve
as a Designated Assessor for the County for a five-year term. The appointment
must be made by December 31, 2020. This agreement must be approved by a
minimum of twelve (12) local boards as the next action step in the process of
appointing a Designated Assessor. Once this is complete all twelve boards will
then be asked to approve that the County’s Equalization Director Donna
VanderVries be appointed to serve.
STAFF RECOMMENDATION: Authorize the approval and signing of the
Resolution and Interlocal agreement for Muskegon County Designated Assessor.
E. 1st Quarter Budget Reforecast Finance
SUMMARY OF REQUEST: At this time staff is presenting the 1st Quarter Budget
Reforecast for FY2020-21. Due to COVID-19 there are more 1st quarter changes
than normal. In the General Fund we are now projecting revenues of
$31,056,304 and Expense of $30,464,065 for a net surplus of $592,239.
The Finance Director’s 1st Quarter Budget Reforecast Highlights are attached.
STAFF RECOMMENDATION: To approve the 1st Quarter FY 2020-21 Budget
Reforecast as presented.
F. Community EnCompass Infill Housing Development Agreement and
Funding Economic Development – REMOVED PER STAFF REQUEST
H. CRC Recommendations City Clerk
SUMMARY OF REQUEST: To accept the resignations of: CDC – Kim Burr, HDC –
Tim Painter, and ZBA – Steve Warmington.
STAFF RECOMMENDATION: To concur with the recommendations of the
Community Relations Committee and approve the resignations.
Motion by Commissioner Johnson, second by Vice Mayor Hood, to accept the
consent agenda as presented, except items B and G.
ROLL VOTE: Ayes: Gawron, Hood, Ramsey, German, Rinsema-Sybenga, and
Johnson
Nays: None
MOTION PASSES
Page 2 of 5
2020-83 REMOVED FROM CONSENT AGENDA:
B. Expanded Beach Parking Public Works
SUMMARY OF REQUEST: Staff has worked to develop a proposed plan to
expand/improve parking and pedestrian/bike facilities at Pere Marquette Park
with a preliminary concept, schedule and budget presented here for discussion
and consideration.
Public Works Director, Leo Evans, was in attendance and reviewed with the City
Commission the proposed plan regarding expansion and improvements to
beach parking. Discussion took place.
G. Updated 4th Amendment to Lumberjacks Lease Agreement City
Manager
SUMMARY OF REQUEST: In August the City Commission approved the 4th
Amendment to the Lumberjacks Lease, which would amend paragraph 14 to
provide rent relief to the team during COVID-19 by reimbursing their facility
improvements earlier than originally planned. After further discussion with the
team’s ownership, they are rescinding this request and asking that we consider
an updated 4th Amendment that would allow for additional investment in the
arena by ownership group. The team proposes that their ownership would fund
the investments now, and be reimbursed by the city over the next several
hockey seasons.
We are proposing an amendment to one section of the lease to
accommodate anticipated reduced capacity at the arena:
Paragraph 14. The parties agree the amount of advanced funds to be
reimbursed by the City to the Lumberjacks is $260,215.35 $381,215.35, which shall
be paid through five seven annual offsets of $52,343.07 against Base Rent owed
by the Lumberjacks to the City during the First Option Period (i.e. years 3 through
7) under this Agreement. The annual offsets shall be applied to the first rents
coming due to the City during each year of the First Option Period, as follows:
2020-21 Season: $54,459; 2021-22 Season $54,459; 2022-23 Season; $54,459;
2023-24 Season; $54,459; 2024-25 Season; $54,459, 2025-26 Season; $54,459
2026-27 Season; $54,461
Detailed Improvement Summary. Most of these items are either missing from
the arena today or nearing end-of life:
• Cabling for internet and phone service is not up to today’s standard.
Upgrading the wiring and adding free WIFI hotspot areas for visitors will
help year-round with internet access downtown. Estimate total cost:
$50,000.
• The main concession area has a number of necessary pieces of
equipment that are also failing or beyond normal life expectancy –
Page 3 of 5
specifically the commercial ice maker and the walk-in cooler both need
to be replaced or refurbished. Our food options are significantly limited
without access to a commercial hood. Estimated total cost: $55,000
• Finally, there are approximately $13,000 in upfront expenses to kick off our
efforts to host more hockey tournaments and showcases.
STAFF RECOMMENDATION: Authorized the proposed 4th Amendment to the
Lease Agreement.
Motion by Commissioner German, second by Commissioner Rinsema-Sybenga,
to authorize the proposed 4th Amendment to the Lease Agreement.
ROLL VOTE: Ayes: Ramsey, German, Rinsema-Sybenga, Johnson, Gawron, and
Hood
Nays: None
MOTION PASSES
2020-84 NEW BUSINESS:
A. Sale – 219 Merrill Avenue City Manager
SUMMARY OF REQUEST: City staff is seeking authorization to sell the city-owned
home at 219 Merrill to Denisha Bartee.
The city constructed this house as part of the phase two of our infill housing
program. Our contract to construct the home was $197,464. We also
anticipated $11,844 in sales commissions. The accepted purchase price is
$190,000. The City will also contribute $5,000 toward closing costs. The total
amount requiring brownfield gap financing will be approximately $12,750. The
6.5% gap is larger than the average 5.4% gap from the first two sales, but still
significantly small than the gap anticipated in the Brownfield Plan, and also
significantly smaller than gap in the initial phase of the in-fill project. (Midtown
Square).
STAFF RECOMMENDATION: Authorize the City Manager to complete the sale
of 219 Merrill Avenue, as described in the purchase agreement.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Ramsey,
authorize the City Manager to complete the sale of 219 Merrill Avenue, as
described in the purchase agreement.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Johnson, Gawron, Hood, and
Ramsey
Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Commissioner Ramsey thanked Mike Franzak for his efforts
Page 4 of 5
on sending notices to affected properties on a rezoning issue.
PUBLIC COMMENT ON NON-AGENDA ITEMS: Public Comments were
received.
ADJOURNMENT: The City Commission meeting adjourned at 6:20 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
Page 5 of 5
C I T Y O F M U S K EG O N
CITY COMMISSION MEETING
N O V E M B E R 1 3 , 2 0 2 0 @ 1 : 0 0 P. M .
MUSKEGON CITY COMMISSION CHAMBERS
9 3 3 T E R R A C E S T R E E T, M U S K E G O N , M I 4 9 4 4 0
REMOTE MEETING
Special Meeting
MINUTES
2020-85
Present: Mayor Stephen Gawron, Vice Mayor Eric Hood and Commissioners, Ken
Johnson, Teresa Emory, Willie German, Jr., and Dan Rinsema-Sybenga, City
Manager Frank Peterson, City Attorney John Schrier, and City Clerk Ann Meisch.
Absent: Commissioner Michael Ramsey
Tasting License for former Boar’s Belly Location
Boars Belly has permanently closed their location at 333 W. Western Avenue, and
there is a new interested party wishing to lease the space. West Michigan Rum
Company, parent company of Burl and Sprig, is planning a collaboration with a
prominent restaurant in Grand Haven for a restaurant/cocktail bar and requires a
liquor license application to be approved by the local unit of government per
state statute.
The Boars Belly closed its doors las fall with the intention of becoming a seasonal
restaurant, but with the onset of the VOVID-19 pandemic, they have elected to
shut down permanently. The space is available and Burl and Sprig has a
contingent lease agreement. This is dependent on them being approved by both
the City of Muskegon and the LCC for an Offsite Tasting License, which allows
spirits manufacturers the ability to serve samples and cocktails at a location other
than their primary facilities. The tow applications (one for each suite being leased)
are attached to this submission for review by the City Commission. There are also
two resolutions attached that must be approved either recommending or not
recommending the applications, per the process provided by the Michigan Liquor
Page 1 of 2
Control Commission.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
to approve the resolutions recommending license approval as presented.
ROLL VOTE: Ayes: Emory, Johnson, Gawron, Hood, German, and Rinsema-
Sybenga.
MOTION PASSES
Public Comment: Public Comment received.
Adjournment: The meeting adjourned at 1:15 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO WANT TO
ATTEND THE MEETING UPON TWENTY-FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT ANN MARIE MEISCH, CITY
CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231) 724-6705 OR TTY/TDD DIAL 7-1-1-22 TO REQUEST A
REPRESENTATIVE TO DIAL (231) 724-6705.
Page 2 of 2
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: November 24, 2020 Title: 20-21 School Resource Officer
Agreement
Submitted By: Jeffrey Lewis Department: Public Safety
Brief Summary: Review and approve the School Resource Officer Agreement proposed for
employment of one Muskegon Police Department officer for the 2020-2021 school year. This
agreement includes a 3% increase for a total of $24,190.40 paid to the City of Muskegon between
September 2020 and June 2021.
Detailed Summary:
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: Approval of the 2020-2021 School Resource Officer Agreement.
Check if the following Departments need to approve the item first:
Police Dept. X
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Meeting Date: November 24, 2020 Title: 2020-2021 Winter Parking
Ordinance Amendment
Submitted By: Jeffrey Lewis Department: Public Safety
Brief Summary: Revise (1) LO09 of the effected city ordinance (92-71), staff received
information that the current ordinance was problematic in our downtown designated area. With the
increase of full-time residents living downtown parking is a premium throughout the day and
night. Staff is proposing a change to the downtown area to accommodate residents and business
patrons that frequent the designated area.
Detailed Summary:
Amount Requested: n/a Amount Budgeted: n/a
Fund(s) or Account(s): n/a Fund(s) or Account(s): n/a
Recommended Motion: Approval of amended Parking Ordinance as it pertains to Winter Parking.
Check if the following Departments need to approve the item first:
Police Dept. ☒
Fire Dept. ☐
IT Dept. ☐
For City Clerk Use Only:
Commission Action:
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. ____
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
1. Chapter 92, Article V of the Code of Ordinances of the City of Muskegon, Michigan,
Section 92-71 are amended to read as follows:
Sec. 92-71. Parking restrictions.
(1) A vehicle shall not be parked, except if necessary to avoid conflict with other traffic
or in compliance with the law or the directions of a police officer or traffic-control
device, excluding parking in a Marina, see section 74, in any of the following places:
(a) On a sidewalk;
(b) In front of a public or private driveway;
(c) Within an intersection;
(d) Within 15 feet of a fire hydrant;
(e) On a crosswalk;
(f) Within 20 feet of a crosswalk, or if there is not a crosswalk then, within 15 feet
of the intersection of property lines at an intersection of highways;
(g) Within 30 feet of the approach to a flashing beacon, stop sign, or traffic
control signal located at the side of a highway;
(h) Between a safety zone and the adjacent curb or within 30 feet of a point on the
curb immediately opposite the end of a safety zone, unless a different length is
indicated by an official sign or marking;
(i) Within 50 feet of the nearest rail of a railroad crossing;
(j) Within 20 feet of the driveway entrance to any fire station and on the side of
the street opposite the entrance to any fire station within 75 feet of the entrance if
properly marked by an official sign;
(k) Alongside or opposite any street excavation or obstruction, if the stopping,
standing, or parking would obstruct traffic;
(1) On the roadway side of a vehicle stopped or parked at the edge or curb of a
street;
(m) Upon a bridge or other elevated highway structure or within a highway
tunnel;
(n) At a place where an official sign prohibits stopping or parking;
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(o) Within 500 feet of an accident at which a police officer is in attendance, if the
scene of the accident is outside of a city or village;
(p) In front of a theater;
(q) In a place or in a manner that blocks immediate egress from an emergency exit
conspicuously marked as an emergency exit of a building;
(r) In a place or in a manner that blocks or hampers the immediate use of an
immediate egress from a fire escape conspicuously marked as a fire escape
providing an emergency means of egress from a building;
(s) In a parking space clearly identified by an official sign as being reserved for
use by disabled persons that is on public property or private property available for
public use, unless the individual is a disabled person as described in section 19a
of the Michigan Vehicle Code or unless the individual is parking the vehicle for
the benefit of a disabled person. In order for the vehicle to be parked in the
parking space the vehicle shall display one of the following:
(i) A certificate of identification or windshield placard issued under
section 675 of the Michigan Vehicle Code to a disabled person.
(ii) A special registration plate issued under section 803d of the Michigan
Vehicle Code to a disabled person.
(iii) A similar certificate of identification or windshield placard issued by
another state to a disabled person.
(iv) A similar special registration plate issued by another state to a
disabled person.
(v) A special registration plate to which a tab for persons with disabilities
is attached issued under this act.
(t) In a clearly identified access aisle or access lane immediately adjacent to a
space designated for parking by persons with disabilities;
(u) On a street or other area open to the parking of vehicles that results in the
vehicle interfering with the use of a curb-cut or ramp by persons with disabilities;
(v) Within 500 feet of a fire at which fire apparatus is in attendance, if the scene
of the fire is outside a city or village. However, volunteer fire fighters responding
to the fire may park within 500 feet of the fire in a manner not to interfere with
fire apparatus at the scene. A vehicle parked legally previous to the fire is exempt
from this subdivision;
(w) In violation of an official sign restricting the period of time for a manner of
parking;
(x) In a space controlled or regulated by a meter on a public highway or in a
publicly owned parking area or structure, or where controlled by another type of
meter, if the allowable time for parking indicated on the meter or other device has
expired, unless the vehicle properly displays one or more of the items listed in
section 675(8) of the Michigan Vehicle Code;
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(y) On a street or highway in such a way as to obstruct the delivery of mail to a
rural mailbox obstruct the delivery of mail to a rural mailbox by a carrier of the
United States postal service;
(z) In a place or in a manner that blocks the use of an alley;
(aa) In a place or in a manner that blocks access to a space clearly designated as a
fire lane;
(LOl) On those streets that have been signed or marked for angle parking, a
person shall not stop, stand, or park a vehicle other than at the angle to the curb or
edge of the roadway indicated by the signs or markings. The front of the vehicle
must be nearest the curb or edge of roadway and the rear of the vehicle nearest the
travel portion of the roadway or parking area (no backing in);
(LO2) A person shall not stand or park a vehicle in a roadway other than parallel
with the edge of the roadway, headed in the direction of lawful traffic movement,
and with the right hand wheels of the vehicle within 12 inches of the curb or edge
of the roadway, except otherwise provided in this part;
(LO3) A person shall not stop, stand, or park a vehicle other than a bus in a bus
stop or other than a taxi cab in a taxi cab stand when the stop or stand has been
officially designated and appropriately signed, except that the driver of a
passenger vehicle may temporarily stop therein for the purpose of, and while
actually engaged in, the expeditious loading or unloading of passengers, if the
stopping does not interfere with any bus or taxi cab waiting to enter or about to
enter the zone;
(LO4) On unimproved side or front yards of residential lots;
(LO5) Where a vehicle is abandoned as defined in MCL 257.252a or MCL
257.252b;
(LO6) Other than between painted lines in designated parking areas;
(LO7) Along or on any unpaved parkway, except where the same is used for a
driveway to enter private or public property. Parking on the terrace (i.e., the area
between the property line and the street) is permitted from December 1 through
March 1 on those streets having allowed parking on only one side of the street,
but not on the paved portion of the terrace;
(LO8) In any public park, beach or other public area between the hours of 11:00
p.m. and 5:00 a.m.;
(LO9) From December 1 through March 1 of each year where parking is currently
allowed on both sides of the street, on street parking is modified as follows:
(a) Parking is allowed on the side of the street with even numbered
addresses on even numbered calendar days between the hours of 7:00
a.m. and 5:00 p.m.
(b) Parking is allowed on the side of the street with odd numbered
addresses on odd numbered calendar days between the hours of 7:00
a.m. and 5:00 p.m.
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(c) Parking is allowed on both side of the street all days between the hours
of 5:00 p.m. and 7:00 a.m.
Excluding the downtown designated areas, where parking is currently allowed on
one side of the street only, parking is allowed except between the hours of 2:00
a.m. and 6:00 a.m.
In the downtown designated areas
(a) Bounded by Shoreline Drive heading easterly from Seventh Street to
Spring Street, heading southerly on Spring Street from Shoreline Drive
to Apple Avenue, heading westerly on Apple Avenue from Spring
Street to Muskegon Avenue, heading westerly on Muskegon Avenue
from Apple Avenue to Ninth Street, and heading northerly on Ninth
Street to Seventh Street, heading northerly on Seventh Street from
Western Avenue to Shoreline Drive; and
(b) on Third Street from Merrill Avenue to Muskegon Avenue
Parking is allowed except between the hours of 12:00 a.m. and 7:00 a.m.
except as permitted as follows. On the side of the street with even numbered
addresses on even numbered calendar days, parking is allowed at all times. On
the side of the street with odd numbered addresses on odd numbered calendar
days, parking is allowed at all times.
All signed parking restrictions apply all days of the week.
This section applies to every portion of every block of every city street.
(LO10) Commercial vehicle defined: "Commercial vehicle" includes all motor
vehicles used for the transportation of passengers for hire, or constructed or used
for transportation of goods, wares or merchandise, and/or all motor vehicles
designed and used for drawing other vehicles and not so constructed as to carry
any load thereon either independently or any part of the weight of a vehicle or
load so drawn:
1. No commercial vehicle shall be parked upon any street or alley for a
period longer than two hours.
2. No commercial vehicle shall be parked at any angle to the line of the
street or alley while loading or unloading for a period longer than one
hour.
3. No commercial vehicle shall be parked at any angle to the line of the
street or alley where such vehicle would prohibit the free flow of traffic.
4. No commercial vehicle shall be parked in residential areas.
(LOl1) Special provisions relating to trailers and semitrailers:
1. No unattached trailer or semitrailer shall be parked on any street or alley
at any time except when it is necessary to temporarily disconnect such
trailer or semitrailer for convenience in loading or unloading.
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2. Streets in a business district may be designated on which no trailer shall
be stopped, parked or allowed to stand between the hours of 10:00 a.m.
and 6:00 p.m.
3. A person who violates this section is responsible for a civil infraction.
(LO12) No vehicle shall display a "for sale" sign while parked on any public
street or property;
(LO13) No person shall drive or operate a motor vehicle in any area or place other
than the public streets and roadways or other such areas so designated for the
vehicular travel, and no person shall drive or operate a motor vehicle along or
upon any unpaved parkway except where the same is used for a driveway to enter
private or public property, nor shall any person drive or operate a motor vehicle in
any public park beach or other public area, except in those areas designated for
vehicular travel therein.
(LO14) A person shall not allow a motor vehicle to stand on a highway or places
open to the public unattended without engaging the parking brake or placing the
vehicle in park, stopping the motor of the vehicle, and removing and taking
possession of the ignition key. If the vehicle is standing upon a grade, the front
wheels of the vehicle shall be turned to the curb or side of the highway. This
section does not apply to a vehicle that is standing in a place and is equipped with
a remote start feature, if the remote start feature is engaged.
(LO15) Where a daily or a seasonal pass is required, as indicated in posted signs
or notices, for a motor vehicle to park, no motor vehicle shall park in such a
location without the daily pass belonging to that vehicle being prominently
displayed on the motor vehicle’s front dashboard, the seasonal pass belonging to
that vehicle being prominently affixed to the front windshield on the driver’s side,
or a resident’s beach seasonal pass being prominently placed on the dashboard on
the driver’s side.
(2) A person shall not move a vehicle not owned by the person into a prohibited area or
away from a curb a distance that makes the parking unlawful.
(3) A bus, for the purpose of taking on or discharging passengers, may be stopped at a
place described in subsection (l)(b), (d), or (f) or on the roadway side of a vehicle
illegally parked in a legally designated bus loading zone. A bus, for the purpose of
taking on or discharging a passenger, may be stopped at a place described in
subsection (l)(n) if the place is posted by and appropriate bus stop sign, except that a
bus shall not stop at such a place if the stopping is specifically prohibited by the
responsible local authority, the state transportation department, or the director of the
department of state police.
(4) A person who violated this section is responsible for a civil infraction.
2. This Ordinance is to become effective ten (10) days after adoption.
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Ayes:
Nays:
First Reading:
Second Reading:
CERTIFICATE
The undersigned, being the duly qualified Clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the ____ day of _______________, 2020, at which meeting a quorum was
present and remained throughout, and that the meeting was conducted and public notice was
given pursuant to and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as
amended, and that minutes were kept and will be or have been made available as required
thereby.
Date:_______________________, 2020
________________________________
Ann Marie Meisch, MMC
City Clerk
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
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CITY OF MUSKEGON
NOTICE OF ADOPTION
TO: ALL PERSONS INTERESTED
Please take notice that on ___________________, 2020, the City Commission of the City
of Muskegon amended Chapter 92, Article V of the Muskegon City Code, summarized as
follows:
1. Section 92-71(LO9 is amended to permit parking during the winter in the downtown
designated area at all times on the even numbered side on even calendar days and at all
time on the odd numbered side on odd calendar days.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of
the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business
hours.
This ordinance amendment is effective ten (10) days from the date of this publication.
Published: _________________, 2020 CITY OF MUSKEGON
By________________________
Ann Marie Meisch, MMC
City Clerk
------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE
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§ 92-71 MUSKEGON CITY CODE
(z) In a place or in a manner that blocks the allowed parking on only one side of the
use of an alley; street, but not on the paved portion of the
terrace;
(aa) In a place or in a manner that blocks
access to a space clearly designated as a (LO8) In any public park, beach or other
fire lane; public area between the hours of 11:00
(LO1) On those streets that have been signed p.m. and 5:00 a.m.;
or marked for angle parking, a person (L09) From December 1 through March 1 of
shall not stop, stand, or park a vehicle each year where parking is currently
other than at the angle to the curb or allowed on both sides of the street, on
edge of the roadway indicated by the street parking is modified as follows:
signs or markings. The front of the vehicle
must be nearest the curb or edge of a) Parking is allowed on the side of the
roadway and the rear of the vehicle street with even numbered addresses
nearest the travel portion of the roadway on even numbered calendar days
or parking area (no backing in); between the hours of 7:00 a.m. and
5:00 p.m.
(LO2) A person shall not stand or park a
vehicle in a roadway other than parallel b) Parking is allowed on the side of the
with the edge of the roadway, headed in street with odd numbered addresses
the direction of lawful traffic movement, on odd numbered calendar days
and with the right hand wheels of the between the hours of 7:00 a.m. and
vehicle within 12 inches of the curb or 5:00 p.m.
edge of the roadway, except otherwise c) Parking is allowed on both sides of
provided in this part; the street all days between the hours
(LO3) A person shall not stop, stand, or park of 5:00 p.m. and 7:00 a.m.
a vehicle other than a bus in a bus stop or Where parking is currently allowed on
other than a taxi cab in a taxi cab stand one side of the street only, parking is
when the stop or stand has been officially allowed except between the hours of 2:00
designated and appropriately signed, a.m. and 6:00 a.m.
except that the driver of a passenger
vehicle may temporarily stop therein for In the downtown business areas:
the purpose of, and while actually engaged a) Bounded by Shoreline Drive head-
in, the expeditious loading or unloading ing easterly from Seventh Street to
of passengers, if the stopping does not Spring Street, heading southerly on
interfere with any bus or taxi cab waiting Spring Street from Shoreline Drive
to enter or about to enter the zone; to Apple Avenue, heading westerly
(LO4) On unimproved side or front yards of on Apple Avenue from Spring Street
residential lots; to Muskegon Avenue, heading
westerly on Muskegon Avenue from
(LO5) Within 50 feet of a public boat launch; Apple Avenue to Ninth Street, and
(LO6) Other than between painted lines in heading northerly on Ninth Street
designated parking areas; to Western Avenue, heading westerly
on Western Avenue from Ninth
(LO7) Along or on any unpaved parkway,
Street to Seventh Street, heading
except where the same is used for a
northerly on Seventh Street from
driveway to enter private or public
Western Avenue to Shoreline Drive;
property. Parking on the terrace (i.e., the
and
area between the property line and the
street) is permitted from December 1 b) On Third Street from Merrill Avenue
through March 1 on those streets having to Muskegon Avenue.
Supp. No. 7 CD92:14
TRAFFIC AND VEHICLES § 92-71
Parking is allowed except between the 3. A person who violates this section is
hours of 2:00 a.m. and 6:00 a.m. responsible for a civil infraction.
All signed parking restrictions apply all (LO12) No vehicle shall display a for sale
days of the week. sign while parked on any public street or
This section applies to every portion of property;
every block of every city street. (LO13) No person shall drive or operate a
(LO10) Commercial vehicle defined: Com- motor vehicle in any area or place other
mercial vehicle includes all motor vehicles than the public streets and roadways or
used for the transportation of passengers other such areas so designated for the
for hire, or constructed or used for vehicular travel, and no person shall
transportation of goods, wares or drive or operate a motor vehicle along or
merchandise, and/or all motor vehicles upon any unpaved parkway except where
designed and used for drawing other the same is used for a driveway to enter
vehicles and not so constructed as to private or public property, nor shall any
carry any load thereon either person drive or operate a motor vehicle
independently or any part of the weight in any public park beach or other public
of a vehicle or load so drawn: area, except in those areas designated
for vehicular travel therein.
1. No commercial vehicle shall be
parked upon any street or alley for (2) A person shall not move a vehicle not
a period longer than two hours. owned by the person into a prohibited area or
away from a curb a distance that makes the
2. No commercial vehicle shall be
parking unlawful.
parked at any angle to the line of
the street or alley while loading or (3) A bus, for the purpose of taking on or
unloading for a period longer than discharging passengers, may be stopped at a
one hour. place described in subsection (1)(b), (d), or (f) or
3. No commercial vehicle shall be on the roadway side of a vehicle illegally parked
parked at any angle to the line of in a legally designated bus loading zone. A bus,
the street or alley where such vehicle for the purpose of taking on or discharging a
would prohibit the free flow of traf- passenger, may be stopped at a place described
fic. in subsection (1)(n) if the place is posted by and
appropriate bus stop sign, except that a bus shall
4. No commercial vehicle shall be not stop at such a place if the stopping is
parked in residential areas. specifically prohibited by the responsible local
(LO11) Special provisions relating to trailers authority, the state transportation department,
and semitrailers: or the director of the department of state police.
1. No unattached trailer or semitrailer (4) A person who violated this section is
shall be parked on any street or responsible for a civil infraction.
alley at any time except when it is
(LO14) A person shall not allow a motor
necessary to temporarily disconnect
vehicle to stand on a highway or places
such trailer or semitrailer for
open to the public unattended without
convenience in loading or unload-
engaging the parking brake or placing
ing.
the vehicle in park, stopping the motor of
2. Streets in a business district may the vehicle, and removing and taking
be designated on which no trailer possession of the ignition key. If the
shall be stopped, parked or allowed vehicle is standing upon a grade, the
to stand between the hours of 10:00 front wheels of the vehicle shall be turned
a.m. and 6:00 p.m. to the curb or side of the highway. This
Supp. No. 7 CD92:15
§ 92-55 MUSKEGON CITY CODE
for the purpose of repairing the vehicle; against the property and collected in the manner
provided that the location of the vehicle of real property taxes, and shall constitute a
does not violate the zoning ordinance. valid tax lien against the premises if unpaid.
(4)
One seasonal vehicle; provided that it (d) Any person who violates or fails to comply
must be currently licensed, and, if it is with the provisions of this article shall be
not currently licensed, it must be stored responsible for a municipal civil infraction. Each
in a legally erected building as described act in violation of any of the provisions thereof
in subsection (b)(l) of this section. shall be deemed a separate municipal civil infrac-
(Ord. No. 2038, § 12-58, 12-12-2000) tion. In connection with and in addition to the
municipal civil infraction, the city may request
supplemental relief and/or other remedies as
Sec. 92-56. Notice of violation; removal; available to the city. Municipal civil infraction
impounding; penalty. penalties shall be as set forth in the schedule of
municipal civil infraction fines in section 46-204.
(a) Whenever any junk vehicle is found, a (Ord. No. 2038, § 12-59, 12-12-2000)
written notice shall be delivered in person or by
first class mail to the owner of the junk vehicle Secs. 92-57-92-70. Reserved.
and the owner or occupant of the private property
on which the vehicle is located. An additional
notice shall be affixed to a conspicuous part of ARTICLE V. LOCAL PARKING
the vehicle. The notice shall describe the viola- RESTRICTIONS
tion of this article and shall require the removal
of the violation within seven days. If the viola- Sec. 92-71. Parking restrictions.
tion is observed to exist after seven days, a
municipal civil infraction ticket for such viola- (1) A vehicle shall not be parked, except if
tion may be issued. The city may determine, necessary to avoid conflict with other traffic or in
with appropriate authority, such as a court order compliance with the law or the directions of a
or the property owner or occupant's permission police officer or traffic-control device, in any of
or failure to respond to the notice, to peaceably the following places:
enter the property to correct the violation, includ- (a) On a sidewalk;
ing removal or impounding of the vehicle at a
disposal site. (b) In front of a public or private driveway;
(c) Within an intersection;
(b) If a vehicle is removed and impounded by
the city at a location where there will be impound- (d) Within 15 feet of a fire hydrant;
ing fees or charges, it shall give appropriate or (e) On a crosswalk;
required notice to the registered owner of the
vehicle and to the state; provided that the notice (f) Within 20 feet of a crosswalk, or if there
shall not designate the vehicle as abandoned. is not a crosswalk then, within 15 feet of
The notice shall indicate that the vehicle will be the intersection of property lines at an
disposed of by sale if the owner fails to redeem intersection of highways;
the vehicle by paying any charges or fees
(g) Within 30 feet of the approach to a
occasioned by the removal, impounding or stor-
flashing beacon, stop sign, or traffic control
age of the vehicle.
signal located at the side of a highway;
(c) The direct cost of any enforcement action, (h) Between a safety zone and the adjacent
including a 15 percent surcharge for overhead curb or within 30 feet of a point on the
and indirect costs, shall be charged to the owner curb immediately opposite the end of a
or occupant of the property, as well as any owner safety zone, unless a different length is
of the vehicle, and in addition shall be levied indicated by an official sign or marking;
Supp. No. 3 CD92:12
§ 92-71 MUSKEGON CITY CODE
section does not apply to a vehicle that is on any street during a declared snow
standing in a place and is equipped with emergency and to transport the same to
a remote start feature, if the remote start an impound facility designated by the
feature is engaged. city. Towing, storage and impound fees
(Ord. No. 2331, 12-9-2014; Ord. No. 2350, 3-22- shall be charged to the owner of the
2016; Ord. No. 2376, 9-26-2017; Ord. No. 2394, vehicle and/or trailer impounded. All
§§ 1, 2, 12-11-2018; Ord. No. 2396, § 1, 12-18- impounding fees shall be paid prior to
2018; Ord. No. 2397, § 1, 12-18-2018) the return of the vehicle or trailer to the
State law references—Uniform Traffic Code, MCL owner.
257.951 et seq.; Michigan Vehicle Code, MCL 257.1 et seq.
(c) In addition to liability for towing, storage
Sec. 92-72. Snow emergency. and any other impound fees related to
removal of a vehicle and/or trailer from
(1) No parking during snow emergency. Except the street during a declared snow
as otherwise provided in this article, no person emergency, the registered owner and/or
shall park any vehicle and/or trailer on any driver of such vehicle may be ticketed for
street during a declared snow emergency. Permits violation of this article. Such a violation
for on-street parking issued under any ordinance shall constitute a civil infraction.
or authority of the city shall not be valid during
a declared snow emergency. (4) Termination.
(2) Declaration of emergency. (a) Whenever the mayor, or in the absence of
the mayor the vice mayor, or in the
(a) In the interest of the public health, safety absence of both then the city manager,
and welfare and at the request of appropri- finds the conditions which gave rise to a
ate municipal staff, the mayor or, in snow emergency no longer exist, it shall
his/her absence, the vice mayor or, if be terminated by notice given
neither are available, the city manager substantially in the same manner it was
may declare a snow emergency whenever declared.
ice or snow has accumulated or is
significantly likely to accumulate to such (b) In the absence of an official termination
an extent as to impede safe travel upon of the snow emergency, the parking
the city streets. prohibition shall be lifted on those streets
where the city has completed snow plow-
(b) Upon declaration of a snow emergency, ing from curb to curb for the length
the city's designated representative shall thereof lying between two successive street
immediately publicize the snow emergency intersections and the snow or sleet has
and parking prohibition in a manner stopped.
reasonably calculated to inform the public
of the requirements of this article. The (c) In the absence of (a) or (b) above, the
snow emergency shall be effective six snow emergency shall terminate automati-
hours after its initial declaration and cally 48 hours after the effective time of
publication. the declaration unless the emergency
has been extended and notice of said
(3) Time limit for removal of parked vehicle— extension has been given in substantially
Impoundment conditions and penalties. the same manner the emergency was
(a) Within six hours of the declaration of the first declared.
snow emergency, any motor vehicle or
(5) Presumption that owner parked vehicle or
trailer on any street, road or avenue
trailer. In any proceeding for a violation of this
within the city shall be removed.
chapter, proof that the motor vehicle or trailer
(b) The city is hereby authorized to remove described in the complaint was parked in viola-
any vehicle and/or trailer which is parked tion of such chapter, together with proof that the
Supp. No. 7 CD92:16
TRAFFIC AND VEHICLES § 92-71
(i) Within 50 feet of the nearest rail of a (ii) A special registration plate issued
railroad crossing; under section 803d of the Michigan
(j) Within 20 feet of the driveway entrance Vehicle Code to a disabled person.
to any fire station and on the side of the (iii) A similar certificate of identifica-
street opposite the entrance to any fire tion or windshield placard issued by
station within 75 feet of the entrance if another state to a disabled person.
properly marked by an official sign;
(iv) A similar special registration plate
(k) Alongside or opposite any street excava- issued by another state to a disabled
tion or obstruction, if the stopping, stand- person.
ing, or parking would obstruct traffic;
(v) A special registration plate to which
(l) On the roadway side of a vehicle stopped a tab for persons with disabilities is
or parked at the edge or curb of a street; attached issued under this act.
(m) Upon a bridge or other elevated highway
(t) In a clearly identified access aisle or
structure or within a highway tunnel;
access lane immediately adjacent to a
(n) At a place where an official sign prohibits space designated for parking by persons
stopping or parking; with disabilities;
(o) Within 500 feet of an accident at which a (u) On a street or other area open to the
police officer is in attendance, if the parking of vehicles that results in the
scene of the accident is outside of a city vehicle interfering with the use of a
or village; curb-cut or ramp by persons with dis-
(p) In front of a theater; abilities;
(q) In a place or in a manner that blocks (v) Within 500 feet of a fire at which fire
immediate egress from an emergency apparatus is in attendance, if the scene
exit conspicuously marked as an of the fire is outside a city or village.
emergency exit of a building; However, volunteer fire fighters respond-
(r) In a place or in a manner that blocks or ing to the fire may park within 500 feet
hampers the immediate use of an immedi- of the fire in a manner not to interfere
ate egress from a fire escape conspicu- with fire apparatus at the scene. A vehicle
ously marked as a fire escape providing parked legally previous to the fire is
an emergency means of egress form a exempt from this subdivision;
building;
(w) In violation of an official sign restricting
(s) In a parking space clearly identified by the period of time for a manner of park-
an official sign as being reserved for use ing;
by disabled persons that is on public
property or private property available for (x) In a space controlled or regulated by a
public use, unless the individual is a meter on a public highway or in a publicly
disabled person as described in section owned parking area or structure, if the
19a of the Michigan Vehicle Code or allowable time for parking indicated on
unless the individual is parking the vehicle the meter has expired, unless the vehicle
for the benefit of a disabled person. In properly displays one or more of the
order for the vehicle to be parked in the items listed in section 675(8) of the
parking space the vehicle shall display Michigan Vehicle Code;
one of the following: (y) On a street or highway in such a way as
(i) A certificate of identification or to obstruct the delivery of mail to a rural
windshield placard issued under sec- mailbox obstruct the delivery of mail to a
tion 675 of the Michigan Vehicle rural mailbox by a carrier of the United
Code to a disabled person. States postal service;
Supp. No. 7 CD92:13
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 27, 2020 Title: Ramos Towing Agreement
Submitted By: Jeffrey Lewis Department: Public Safety
Brief Summary: Extension of the current contract with Ramos Towing for (2) two years. The next
renewal date will be January 1st 2023. No changes to the current service and fee schedule is
expected during the 24 (twenty-four) month extension.
Detailed Summary:
Amount Requested: Per service rendered Amount Budgeted:
Fund(s) or Account(s): 101-40301-5346 Fund(s) or Account(s):
Recommended Motion: Approve a 24 (twenty-four) month service agreement with Ramos Towing.
Check if the following Departments need to approve the item first:
Police Dept. ☒
Fire Dept. ☐
IT Dept. ☐
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 11-24-2020 Title: Social District Permit recommendation
Submitted By: Dave Alexander Department: Economic Development
Brief Summary: The City Commission must recommend approval of the Michigan Liquor Control
Commission permits of participating licensed establishments in the Downtown Muskegon Social
District.
Detailed Summary: With the establishment of the Downtown Muskegon Social District,
participating licensed establishments must receive a Social District permit from the Michigan Liquor
Control Commission. The MLCC must first receive a recommendation for approval from the City
Commission before granting the permits. You handled the initial eight such requests at your Aug.
25 and Sept. 8 meetings. The attached resolution is for Ingalls Business AQ (dba Mike’s Inn) which
is also seeking a Social District permit from the state and seeking City Commission recommended
approval. The Social District plan identifies 22 potential participating licensees within the district.
Other licensed establishments may file a Social District permit application in the future.
Amount Requested: None Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the resolution recommending Michigan Liquor Control
Commission approval of Social District permits in the Downtown Muskegon Social District and to
direct the City Clerk to certify the City Commission action with the MLCC.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
RESOLUTION RECOMMENDING DOWNTOWN MUSKEGON SOCIAL DISTRICT
PERMIT APPLICATON APPROVAL
City of Muskegon
County of Muskegon, Michigan
Minutes of a Regular Meeting of the City Commission of the City of Muskegon, County of
Muskegon, Michigan (the “City”), held virtually and at Muskegon City Hall, 933 Terrace,
Muskegon, MI 49440 on the 24th day of November, 2020 at 5:30 p.m., prevailing Eastern Time.
PRESENT:
ABSENT:
The following preamble and resolution were offered by Commissioner
___________________ and supported by Commissioner __________________.
WHEREAS, in accordance with Public Act 124 of 2020 on the establishment of Social
Districts within a Michigan city; and
WHEREAS, COVID-19 pandemic has caused unprecedented economic disruption
worldwide and within our local business community; and
WHEREAS, restaurants and bars, which have been key contributors to the historic
redevelopment of Downtown Muskegon, have been and will continue to be hard hit by the
economic impact of the pandemic; and
WHEREAS, increasing availability of outdoor spaces for dining and drinking will help
downtown and its businesses recover; and
WHEREAS, Public Act 124 of 2020 empowers local governments like the City of
Muskegon to enhance its downtowns with Social Districts and accompanying Common Areas
where purchasers may consume and possess alcoholic beverages sold by multiple qualified
Michigan Liquor Commission licensees who obtain Social District Permits; and
WHEREAS, the City Commission has designated a Downtown Muskegon Social District
and Common Area, and
WHEREAS, the city has received requests from multiple qualified licensees to
recommend approval of their Social District Permit applications by the Michigan Liquor Control
Commission, and
WHEREAS, the licensed establishments are contiguous to the Common Area within the
Social District, and
WHEREAS, the City Commission desires to recommend approval of the Social District
Permit applications,
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The Social District Permit Applications from the following licensees are
recommended by the City Commission to consideration and approval by the
Michigan Liquor Control Commission:
a. Ingalls Business AQ (dba Mike’s Inn), 555 W. Western Ave, Muskegon, 49441.
b.
2. The City Clerk is authorized and directed to provide each applicant with a certification
of this action in the form specified by the Michigan Liquor Control Commission.
AYES:
NAYS:
RESOLUTION DECLARED APPROVED.
Stephen J Gawron, Mayor
Ann Marie Meisch, City Clerk
I hereby certify that the foregoing is a true and complete copy of a resolution adopted by
the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a
regular meeting held on November 24, 2020 and that said meeting was conducted and public
notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act,
being Act 267, Public Acts of Michigan, 1976, in addition to Public Act 228 of 2020, and that the
minutes of said meeting were kept and will be or have been made available as required by said
Acts.
Ann Marie Meisch, City Clerk
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: November 24, 2020 Title: MERS Defined Benefit Plan Adoption
Agreements Addendum
Submitted By: Beth Lewis Department: Finance
Brief Summary: MERS of Michigan our Pension Plan Administrator is asking all clients to complete
and update plan adoption agreement so they can ensure the details of our plans are accurately
documented. Staff is asking for your approval of the Defined Benefit Plan Agreement Addendums
presented.
Detailed Summary: MERS of Michigan is asking the City of Muskegon to review and update our
Defined Benefit Plan Adoption Agreements for each of our six divisions, Non Union, Clerical, 517m
DPW, Police Patrol, Police Command and Fire. I have attached the Plan Adoption Agreement
Addendums for each division. Please note we have not changed any of the provisions of our
plans, this is a MERS request so they can ensure accuracy. Please note that the Addendums for
our Defined Contribution Plans will be bought to you at our next meeting.
Amount Requested: N/A Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the MERS Defined Benefit Plan Adoption Agreement
Addendums as presented.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD
Defined Benefit Plan Adoption Agreement Addendum
1134 Municipal Way Lansing, MI 48917 | 800.767.MERS (6377) | Fax 517.703.9711 www.mersofmich.com
The employer, a participating municipality or court within the state of Michigan, hereby agrees to adopt
and administer the MERS Defined Benefit (DB) Plan provided by the Municipal Employees’ Retirement
System of Michigan, as authorized by 1996 PA 220, in accordance with MERS Plan Document, as both
may be amended, subject to the terms and conditions herein.
I. Effective Date
The effective date shall be the first day of January, 2021.
II. Employer name ____________________________________________________________________________
Muskegon, City of
Municipality number _____________
611601
This is an amendment of the existing Adoption Agreement for the MERS Defined Benefit.
Any changes to plan provisions apply to employees in the division on the effective date, as well as to
new hires ongoing. Definitions will apply for all service accrued after the effective date.
61160101
Division number _____________
Division name on file with MERS _____________________________________________________________
NonUnion Gen
III. Plan Eligibility
Only those employees eligible for MERS membership may participate in the MERS Defined Benefit. If
an employee classification is included in the plan, then employees that meet this definition will receive
service credit if they work the required number of hours to meet the service credit qualification defined
below. All eligible employees must be reported to MERS.
Using your Division Name above, expand on the employee classifications that are eligible to
participate in MERS. For example, if Division is “General,” please insert specific classifications that are
eligible for MERS such as “Clerical Staff,” “Elected Officials,” “Library Director,” etc.:
Administrative Assistants, Department Heads, Supervisory Staff, Information
Technology employees
___________________________________________________________________________________________
Employee classification contains public safety employees: Yes X No
Public safety employees include: law enforcement, parole and probation officers, employees
responsible for emergency response (911 dispatch, fire service, paramedics, etc.), public works,
and other skilled support personnel (equipment operators, etc.).
DB-000 (version 2020-09-10) Page 1 of 6
DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD
Defined Benefit Plan Adoption Agreement Addendum
EMPLOYER NAME: DIV:
Muskegon, City of 61160101
If you elect to include a special classification (chart below), then the employee will be required to meet the
Service Credit Qualification as defined under section IV (Provisions) in order to earn a month of service.
Excluded classification will require additional information below.
To further define eligibility (select all that apply):
Not
Employee Classification Included Excluded
Employed
Temporary Employees: Those who will work for the municipality fewer than _____
12 X
months in total.
Part-Time Employees: Those who regularly work fewer than _______
1300 per _______.
year X
Seasonal Employees: Those who will work for the municipality
X
from __________ to __________ only.
Voter-Elected Officials X
Appointed Officials: An official appointed to a voter-elected office. X
Contract Employees X
Probationary Periods (select one):
Service will begin after the probationary period has been satisfied. Probationary periods are allowed in
one-month increments, no longer than 12 months. During this probationary period, the employer will
not report or provide service.
The probationary period will be ______ month(s).
Comments:
X Service will begin with the employee’s date of hire (no Probationary Period). Effective with the date of
hire, wages paid and any associated contributions must be submitted to MERS.
DB-000 (version 2020-09-10) Page 2 of 6
DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD
Defined Benefit Plan Adoption Agreement Addendum
EMPLOYER NAME: Muskegon, City of DIV: 61160101
IV. Provisions
1. Service Credit Qualification
To clarify how eligible employees earn service credit, please indicate how many hours per month an
eligible employee needs to work. For example, if you require 10 eight-hour days, this would be 80 hours
per month. If an ‘hour per day’ has been defined (like ten 7-hour days), electing 70 hours will be required.
Employees must meet the definition of Plan Eligibility in order to earn service credit under the plan.
To receive one month of service credit, an employee shall work (or be paid for as if working)
_________
150 hours in a month.
2. Leaves of Absence
Indicate by checking the boxes below, whether the potential for service credit will be allowed if an
eligible employee is on one of the following types of leave, regardless of meeting the service credit
qualification criteria.
Regardless whether an eligible employee is awarded service credit while on the selected type(s) of leave:
• MERS will skip over these months when determining the FAC amount for benefit calculations.
• Third-party wages are not reported for leaves of absence.
• Employers are not required to remit employer contributions based on leaves of absence when
no wages are paid by the employer. However, an employer may submit additional voluntary
contributions for the period of the leave in an amount determined by the employer.
• For contributory divisions, employee contributions are required for service credit to be retained.
Employee contributions will be collected based on the Service Credit Qualification. Employers will
calculate employee contributions due using the employee’s current hourly rate (prior to leave). For
example if 120 hours is required for service credit, then employee contributions shall be equal to
120 hours times the employee’s hourly rate. Employees have three times the length of leave, to a
maximum of five years, to pay required employee contributions. Leaves of absence are required
to be reported to MERS, including the employee’s start and end date per month, along with the
employee’s hourly rate.
Type of Leave Service Credit Service Credit
Granted Excluded
Short- and Long-Term Disability X
Workers’ Compensation X
Unpaid Family Medical Leave Act (FMLA) X
Other: _________________________________________________________ X
For example, sick and accident, administrative, educational, sabbatical, etc.
Other 2: _______________________________________________________
pd medical, admin leaves X
Additional leave types as above
Leaves of absence due to military service are governed by the Federal Uniformed Services Employment
and Reemployment Rights Act of 1994 (USERRA), IRC 414(u), effective January 1, 2007, IRC 401(a)(37).
DB-000 (version 2020-09-10) Page 3 of 6
DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD
Defined Benefit Plan Adoption Agreement Addendum
EMPLOYER NAME: DIV:
Muskegon, City of 61160101
3. Definition of Compensation
The Definition of Compensation is used to calculate a participant’s final average compensation and is
used in determining both employer and employee contributions. Wages paid to employees, calculated
using the elected definition, must be reported to MERS.
Select your Definition of Compensation here. If you
choose to customize your definition, skip this table
and proceed to page 5.
Base Wages Box 1 Wages Gross Wages
Types of Compensation
Regular Wages All Regular Wages All Regular Wages All Regular Wages
Salary or hourly wage X hours included included included
PTO used (sick, vacation, personal, bereavement, holiday leave, or unclassified)
On-call pay
Other Wages Excluded All Other Wages All Other Wages
Shift differentials included included
Overtime
Severance issued over time (weekly/bi-weekly)
Lump Sum Payments Excluded All Lump Sum All Lump Sum
PTO cash-out Payments included Payments included
Longevity
Bonuses
Merit pay
Job certifications
Educational degrees
Moving expenses
Sick payouts
Severance (if issued as lump sum)
Taxable Payments Excluded All Taxable All Taxable
Travel through a non-accountable plan (i.e. mileage not tracked for reimbursement) Payments included Payments included
Prizes, gift cards
Personal use of a company car
Car allowance
Reimbursement of Nontaxable Expenses (as defined by the IRS) Excluded Excluded Excluded
Gun, tools, equipment, uniform
Phone
Fitness
Mileage reimbursement
Travel through an accountable plan (i.e. tracking mileage for reimbursement)
Types of Deferrals
Elective Deferrals of Employee Premiums/Contributions All Elective Excluded All Elective Deferrals
457 employee and employer contributions Deferrals included included
125 cafeteria plan, FSAs and HSAs
IRA contributions
Types of Benefits
Nontaxable Fringe Benefits of Employees All Nontaxable Excluded All Nontaxable
Health plan, dental, vision benefits Fringe Benefits Fringe Benefits
Workers compensation premiums included included
Short- or Long-term disability premiums
Group term or whole life insurance < $50,000
Mandatory Contributions All Mandatory Excluded All Mandatory
Defined Benefit employee contributions Contributions Contributions
MERS Health Care Savings Program employee contributions included included
Taxable Fringe Benefits Excluded Excluded All Taxable Fringe
Clothing reimbursement Benefits included
Stipends for health insurance opt out payments
Group term life insurance > $50,000
Other Benefits / Lump Sum Payments Excluded Excluded All Other Lump Sum
Workers compensation settlement payments Benefits included
DB-000 (version 2020-09-10) Page 4 of 6
DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD
Defined Benefit Plan Adoption Agreement Addendum
EMPLOYER NAME: DIV:
Muskegon, City of 61160101
SKIP THIS TABLE if you selected one of the standard definitions of compensation on page 4.
X CUSTOM: If you choose this option, you must select boxes in each section you would like to include in your Definition of
Compensation. You will be responsible for additional reporting details to track custom definitions.
Types of Compensation
Regular Wages
X Salary or hourly wage X hours X On-call pay
X PTO used (sick, vacation, personal, bereavement, holiday leave, or unclassified) Other: ______________________________________________________
Other Wages apply: YES X NO
X X Severance issued over time (weekly/bi-weekly)
Shift differentials
Overtime Other: ______________________________________________________
Lump Sum Payments apply: YES X NO
X PTO cash-out X Educational degrees
X Longevity Moving expenses
X Bonuses X Sick payouts
X Merit pay X Severance (if issued as lump sum)
X Job certifications Other: ______________________________________________________
Taxable Payments apply: YES X NO
Travel through a non-accountable plan (i.e. mileage not tracked for reimbursement)
Prizes, gift cards X Car allowance
Personal use of a company car Other: ______________________________________________________
Reimbursement of Nontaxable Expenses (as defined by the IRS) apply: YES NO X
Gun, tools, equipment, uniform Mileage reimbursement
Phone Travel through an accountable plan (i.e. tracking mileage for reimbursement)
Fitness Other: ______________________________________________________
Types of Deferrals
Elective Deferrals of Employee Premiums/Contributions apply: YES X NO
X 457 employee and employer contributions IRA contributions
X 125 cafeteria plan, FSAs and HSAs Other: ______________________________________________________
Types of Benefits
Nontaxable Fringe Benefits of Employees apply: YES NO X
Health plan, dental, vision benefits
Workers compensation premiums Group term or whole life insurance < $50,000
Short- or Long-term disability premiums Other: ______________________________________________________
Mandatory Contributions apply: YES X NO
X Defined Benefit employee contributions
X MERS Health Care Savings Program employee contributions Other: ______________________________________________________
Taxable Fringe Benefits apply: YES X NO
Clothing reimbursement Group term life insurance > $50,000
X Stipends for health insurance opt out payments Other: ______________________________________________________
Other Benefits / Lump Sum Payments apply: YES NO X
Workers compensation settlement payments Other: ______________________________________________________
DB-000 (version 2020-09-10) Page 5 of 6
DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD
Defined Benefit Plan Adoption Agreement Addendum
EMPLOYER NAME: Muskegon, City of DIV: 61160101
V. Execution:
Authorized Designee of Governing Body of Municipality or Chief Judge of Court
This foregoing Addendum is hereby approved by City of Muskegon
at a Board Meeting which took place on: __________________
11/24/2020
(mm/dd/yyyy)
Authorized Signature: ______________________________________________________________________
Printed Name: _____________________________________________________________________________
Title: ______________________________________________________________________________________
Date: __________________
DB-000 (version 2020-09-10) Page 6 of 6
DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD
Defined Benefit Plan Adoption Agreement Addendum
1134 Municipal Way Lansing, MI 48917 | 800.767.MERS (6377) | Fax 517.703.9711 www.mersofmich.com
The employer, a participating municipality or court within the state of Michigan, hereby agrees to adopt
and administer the MERS Defined Benefit (DB) Plan provided by the Municipal Employees’ Retirement
System of Michigan, as authorized by 1996 PA 220, in accordance with MERS Plan Document, as both
may be amended, subject to the terms and conditions herein.
I. Effective Date
The effective date shall be the first day of January, 2021.
II. Employer name ____________________________________________________________________________
Muskegon, City of
Municipality number _____________
611601
This is an amendment of the existing Adoption Agreement for the MERS Defined Benefit.
Any changes to plan provisions apply to employees in the division on the effective date, as well as to
new hires ongoing. Definitions will apply for all service accrued after the effective date.
Division number _____________
61160111
Division name on file with MERS _____________________________________________________________
Clerical
III. Plan Eligibility
Only those employees eligible for MERS membership may participate in the MERS Defined Benefit. If
an employee classification is included in the plan, then employees that meet this definition will receive
service credit if they work the required number of hours to meet the service credit qualification defined
below. All eligible employees must be reported to MERS.
Using your Division Name above, expand on the employee classifications that are eligible to
participate in MERS. For example, if Division is “General,” please insert specific classifications that are
eligible for MERS such as “Clerical Staff,” “Elected Officials,” “Library Director,” etc.:
Clerical Staff
___________________________________________________________________________________________
Employee classification contains public safety employees: Yes X No
Public safety employees include: law enforcement, parole and probation officers, employees
responsible for emergency response (911 dispatch, fire service, paramedics, etc.), public works,
and other skilled support personnel (equipment operators, etc.).
DB-000 (version 2020-09-10) Page 1 of 6
DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD
Defined Benefit Plan Adoption Agreement Addendum
EMPLOYER NAME: DIV:
Muskegon, City of 61160111
If you elect to include a special classification (chart below), then the employee will be required to meet the
Service Credit Qualification as defined under section IV (Provisions) in order to earn a month of service.
Excluded classification will require additional information below.
To further define eligibility (select all that apply):
Not
Employee Classification Included Excluded
Employed
Temporary Employees: Those who will work for the municipality fewer than _____
12
X
months in total.
Part-Time Employees: Those who regularly work fewer than _______
1664 per _______.
year X
Seasonal Employees: Those who will work for the municipality
X
from __________ to __________ only.
Voter-Elected Officials X
Appointed Officials: An official appointed to a voter-elected office. X
Contract Employees X
Probationary Periods (select one):
Service will begin after the probationary period has been satisfied. Probationary periods are allowed in
one-month increments, no longer than 12 months. During this probationary period, the employer will
not report or provide service.
The probationary period will be ______ month(s).
Comments:
X Service will begin with the employee’s date of hire (no Probationary Period). Effective with the date of
hire, wages paid and any associated contributions must be submitted to MERS.
DB-000 (version 2020-09-10) Page 2 of 6
DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD
Defined Benefit Plan Adoption Agreement Addendum
EMPLOYER NAME: Muskegon, City of DIV: 61160111
IV. Provisions
1. Service Credit Qualification
To clarify how eligible employees earn service credit, please indicate how many hours per month an
eligible employee needs to work. For example, if you require 10 eight-hour days, this would be 80 hours
per month. If an ‘hour per day’ has been defined (like ten 7-hour days), electing 70 hours will be required.
Employees must meet the definition of Plan Eligibility in order to earn service credit under the plan.
To receive one month of service credit, an employee shall work (or be paid for as if working)
_________
150 hours in a month.
2. Leaves of Absence
Indicate by checking the boxes below, whether the potential for service credit will be allowed if an
eligible employee is on one of the following types of leave, regardless of meeting the service credit
qualification criteria.
Regardless whether an eligible employee is awarded service credit while on the selected type(s) of leave:
• MERS will skip over these months when determining the FAC amount for benefit calculations.
• Third-party wages are not reported for leaves of absence.
• Employers are not required to remit employer contributions based on leaves of absence when
no wages are paid by the employer. However, an employer may submit additional voluntary
contributions for the period of the leave in an amount determined by the employer.
• For contributory divisions, employee contributions are required for service credit to be retained.
Employee contributions will be collected based on the Service Credit Qualification. Employers will
calculate employee contributions due using the employee’s current hourly rate (prior to leave). For
example if 120 hours is required for service credit, then employee contributions shall be equal to
120 hours times the employee’s hourly rate. Employees have three times the length of leave, to a
maximum of five years, to pay required employee contributions. Leaves of absence are required
to be reported to MERS, including the employee’s start and end date per month, along with the
employee’s hourly rate.
Type of Leave Service Credit Service Credit
Granted Excluded
Short- and Long-Term Disability X
Workers’ Compensation X
Unpaid Family Medical Leave Act (FMLA) X
Other: _________________________________________________________ X
For example, sick and accident, administrative, educational, sabbatical, etc.
Other 2: _______________________________________________________
pd sick or medical leave, admin leave X
Additional leave types as above
Leaves of absence due to military service are governed by the Federal Uniformed Services Employment
and Reemployment Rights Act of 1994 (USERRA), IRC 414(u), effective January 1, 2007, IRC 401(a)(37).
DB-000 (version 2020-09-10) Page 3 of 6
DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD
Defined Benefit Plan Adoption Agreement Addendum
EMPLOYER NAME: DIV:
Muskegon, City of 61160111
3. Definition of Compensation
The Definition of Compensation is used to calculate a participant’s final average compensation and is
used in determining both employer and employee contributions. Wages paid to employees, calculated
using the elected definition, must be reported to MERS.
Select your Definition of Compensation here. If you
choose to customize your definition, skip this table
and proceed to page 5.
Base Wages Box 1 Wages Gross Wages
Types of Compensation
Regular Wages All Regular Wages All Regular Wages All Regular Wages
Salary or hourly wage X hours included included included
PTO used (sick, vacation, personal, bereavement, holiday leave, or unclassified)
On-call pay
Other Wages Excluded All Other Wages All Other Wages
Shift differentials included included
Overtime
Severance issued over time (weekly/bi-weekly)
Lump Sum Payments Excluded All Lump Sum All Lump Sum
PTO cash-out Payments included Payments included
Longevity
Bonuses
Merit pay
Job certifications
Educational degrees
Moving expenses
Sick payouts
Severance (if issued as lump sum)
Taxable Payments Excluded All Taxable All Taxable
Travel through a non-accountable plan (i.e. mileage not tracked for reimbursement) Payments included Payments included
Prizes, gift cards
Personal use of a company car
Car allowance
Reimbursement of Nontaxable Expenses (as defined by the IRS) Excluded Excluded Excluded
Gun, tools, equipment, uniform
Phone
Fitness
Mileage reimbursement
Travel through an accountable plan (i.e. tracking mileage for reimbursement)
Types of Deferrals
Elective Deferrals of Employee Premiums/Contributions All Elective Excluded All Elective Deferrals
457 employee and employer contributions Deferrals included included
125 cafeteria plan, FSAs and HSAs
IRA contributions
Types of Benefits
Nontaxable Fringe Benefits of Employees All Nontaxable Excluded All Nontaxable
Health plan, dental, vision benefits Fringe Benefits Fringe Benefits
Workers compensation premiums included included
Short- or Long-term disability premiums
Group term or whole life insurance < $50,000
Mandatory Contributions All Mandatory Excluded All Mandatory
Defined Benefit employee contributions Contributions Contributions
MERS Health Care Savings Program employee contributions included included
Taxable Fringe Benefits Excluded Excluded All Taxable Fringe
Clothing reimbursement Benefits included
Stipends for health insurance opt out payments
Group term life insurance > $50,000
Other Benefits / Lump Sum Payments Excluded Excluded All Other Lump Sum
Workers compensation settlement payments Benefits included
DB-000 (version 2020-09-10) Page 4 of 6
DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD
Defined Benefit Plan Adoption Agreement Addendum
EMPLOYER NAME: DIV:
Muskegon, City of 61160111
SKIP THIS TABLE if you selected one of the standard definitions of compensation on page 4.
X CUSTOM: If you choose this option, you must select boxes in each section you would like to include in your Definition of
Compensation. You will be responsible for additional reporting details to track custom definitions.
Types of Compensation
Regular Wages
X Salary or hourly wage X hours X On-call pay
PTO used (sick, vacation, personal, bereavement, holiday leave, or unclassified) Other: ______________________________________________________
Other Wages apply: YES X NO
X Shift differentials X Severance issued over time (weekly/bi-weekly)
Overtime Other: ______________________________________________________
Lump Sum Payments apply: YES X NO
X PTO cash-out X Educational degrees
X Longevity Moving expenses
X Bonuses X Sick payouts
X Merit pay X Severance (if issued as lump sum)
X Job certifications Other: ______________________________________________________
Taxable Payments apply: YES X NO
Travel through a non-accountable plan (i.e. mileage not tracked for reimbursement)
Prizes, gift cards X Car allowance
X Personal use of a company car Other: ______________________________________________________
Reimbursement of Nontaxable Expenses (as defined by the IRS) apply: YES NO X
Gun, tools, equipment, uniform Mileage reimbursement
Phone Travel through an accountable plan (i.e. tracking mileage for reimbursement)
Fitness Other: ______________________________________________________
Types of Deferrals
Elective Deferrals of Employee Premiums/Contributions apply: YES X NO
X 457 employee and employer contributions IRA contributions
X 125 cafeteria plan, FSAs and HSAs Other: ______________________________________________________
Types of Benefits
Nontaxable Fringe Benefits of Employees apply: YES NO X
Health plan, dental, vision benefits
Workers compensation premiums Group term or whole life insurance < $50,000
Short- or Long-term disability premiums Other: ______________________________________________________
Mandatory Contributions apply: YES X NO
X Defined Benefit employee contributions
X MERS Health Care Savings Program employee contributions Other: ______________________________________________________
Taxable Fringe Benefits apply: YES X NO
Clothing reimbursement Group term life insurance > $50,000
X Stipends for health insurance opt out payments Other: ______________________________________________________
Other Benefits / Lump Sum Payments apply: YES NO X
Workers compensation settlement payments Other: ______________________________________________________
DB-000 (version 2020-09-10) Page 5 of 6
DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD
Defined Benefit Plan Adoption Agreement Addendum
EMPLOYER NAME: Muskegon, City of DIV: 61160111
V. Execution:
Authorized Designee of Governing Body of Municipality or Chief Judge of Court
This foregoing Addendum is hereby approved by City of Muskegon
at a Board Meeting which took place on: __________________
11/24/2020
(mm/dd/yyyy)
Authorized Signature: ______________________________________________________________________
Printed Name: _____________________________________________________________________________
Title: ______________________________________________________________________________________
Date: __________________
DB-000 (version 2020-09-10) Page 6 of 6
DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD
Defined Benefit Plan Adoption Agreement Addendum
1134 Municipal Way Lansing, MI 48917 | 800.767.MERS (6377) | Fax 517.703.9711 www.mersofmich.com
The employer, a participating municipality or court within the state of Michigan, hereby agrees to adopt
and administer the MERS Defined Benefit (DB) Plan provided by the Municipal Employees’ Retirement
System of Michigan, as authorized by 1996 PA 220, in accordance with MERS Plan Document, as both
may be amended, subject to the terms and conditions herein.
I. Effective Date
The effective date shall be the first day of January, 2021.
Muskegon, City of
II. Employer name ____________________________________________________________________________
Municipality number _____________
611601
This is an amendment of the existing Adoption Agreement for the MERS Defined Benefit.
Any changes to plan provisions apply to employees in the division on the effective date, as well as to
new hires ongoing. Definitions will apply for all service accrued after the effective date.
61160112
Division number _____________
Division name on file with MERS _____________________________________________________________
DPW 517M
III. Plan Eligibility
Only those employees eligible for MERS membership may participate in the MERS Defined Benefit. If
an employee classification is included in the plan, then employees that meet this definition will receive
service credit if they work the required number of hours to meet the service credit qualification defined
below. All eligible employees must be reported to MERS.
Using your Division Name above, expand on the employee classifications that are eligible to
participate in MERS. For example, if Division is “General,” please insert specific classifications that are
eligible for MERS such as “Clerical Staff,” “Elected Officials,” “Library Director,” etc.:
Public Works employees including vehicle maintenance, water and sewer workers,
highway workers, engineering staff,code enforcement workers
___________________________________________________________________________________________
Employee classification contains public safety employees: Yes X No
Public safety employees include: law enforcement, parole and probation officers, employees
responsible for emergency response (911 dispatch, fire service, paramedics, etc.), public works,
and other skilled support personnel (equipment operators, etc.).
DB-000 (version 2020-09-10) Page 1 of 6
DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD
Defined Benefit Plan Adoption Agreement Addendum
EMPLOYER NAME: DIV:
Muskegon, City of 61160112
If you elect to include a special classification (chart below), then the employee will be required to meet the
Service Credit Qualification as defined under section IV (Provisions) in order to earn a month of service.
Excluded classification will require additional information below.
To further define eligibility (select all that apply):
Not
Employee Classification Included Excluded
Employed
Temporary Employees: Those who will work for the municipality fewer than _____
12
X
months in total.
Part-Time Employees: Those who regularly work fewer than _______
1664 per _______.
year X
Seasonal Employees: Those who will work for the municipality
X
from __________ to __________ only.
Voter-Elected Officials X
Appointed Officials: An official appointed to a voter-elected office. X
Contract Employees X
Probationary Periods (select one):
Service will begin after the probationary period has been satisfied. Probationary periods are allowed in
one-month increments, no longer than 12 months. During this probationary period, the employer will
not report or provide service.
The probationary period will be ______ month(s).
Comments:
X Service will begin with the employee’s date of hire (no Probationary Period). Effective with the date of
hire, wages paid and any associated contributions must be submitted to MERS.
DB-000 (version 2020-09-10) Page 2 of 6
DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD
Defined Benefit Plan Adoption Agreement Addendum
EMPLOYER NAME: Muskegon, City of DIV: 61160112
IV. Provisions
1. Service Credit Qualification
To clarify how eligible employees earn service credit, please indicate how many hours per month an
eligible employee needs to work. For example, if you require 10 eight-hour days, this would be 80 hours
per month. If an ‘hour per day’ has been defined (like ten 7-hour days), electing 70 hours will be required.
Employees must meet the definition of Plan Eligibility in order to earn service credit under the plan.
To receive one month of service credit, an employee shall work (or be paid for as if working)
_________
150 hours in a month.
2. Leaves of Absence
Indicate by checking the boxes below, whether the potential for service credit will be allowed if an
eligible employee is on one of the following types of leave, regardless of meeting the service credit
qualification criteria.
Regardless whether an eligible employee is awarded service credit while on the selected type(s) of leave:
• MERS will skip over these months when determining the FAC amount for benefit calculations.
• Third-party wages are not reported for leaves of absence.
• Employers are not required to remit employer contributions based on leaves of absence when
no wages are paid by the employer. However, an employer may submit additional voluntary
contributions for the period of the leave in an amount determined by the employer.
• For contributory divisions, employee contributions are required for service credit to be retained.
Employee contributions will be collected based on the Service Credit Qualification. Employers will
calculate employee contributions due using the employee’s current hourly rate (prior to leave). For
example if 120 hours is required for service credit, then employee contributions shall be equal to
120 hours times the employee’s hourly rate. Employees have three times the length of leave, to a
maximum of five years, to pay required employee contributions. Leaves of absence are required
to be reported to MERS, including the employee’s start and end date per month, along with the
employee’s hourly rate.
Type of Leave Service Credit Service Credit
Granted Excluded
Short- and Long-Term Disability X
Workers’ Compensation X
Unpaid Family Medical Leave Act (FMLA) X
Other: _________________________________________________________ X
For example, sick and accident, administrative, educational, sabbatical, etc.
Other 2: _______________________________________________________
Pd sick or medical leave, admin leave
X
Additional leave types as above
Leaves of absence due to military service are governed by the Federal Uniformed Services Employment
and Reemployment Rights Act of 1994 (USERRA), IRC 414(u), effective January 1, 2007, IRC 401(a)(37).
DB-000 (version 2020-09-10) Page 3 of 6
DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD
Defined Benefit Plan Adoption Agreement Addendum
EMPLOYER NAME: DIV:
Muskegon, City of 61160112
3. Definition of Compensation
The Definition of Compensation is used to calculate a participant’s final average compensation and is
used in determining both employer and employee contributions. Wages paid to employees, calculated
using the elected definition, must be reported to MERS.
Select your Definition of Compensation here. If you
choose to customize your definition, skip this table
and proceed to page 5.
Base Wages Box 1 Wages Gross Wages
Types of Compensation
Regular Wages All Regular Wages All Regular Wages All Regular Wages
Salary or hourly wage X hours included included included
PTO used (sick, vacation, personal, bereavement, holiday leave, or unclassified)
On-call pay
Other Wages Excluded All Other Wages All Other Wages
Shift differentials included included
Overtime
Severance issued over time (weekly/bi-weekly)
Lump Sum Payments Excluded All Lump Sum All Lump Sum
PTO cash-out Payments included Payments included
Longevity
Bonuses
Merit pay
Job certifications
Educational degrees
Moving expenses
Sick payouts
Severance (if issued as lump sum)
Taxable Payments Excluded All Taxable All Taxable
Travel through a non-accountable plan (i.e. mileage not tracked for reimbursement) Payments included Payments included
Prizes, gift cards
Personal use of a company car
Car allowance
Reimbursement of Nontaxable Expenses (as defined by the IRS) Excluded Excluded Excluded
Gun, tools, equipment, uniform
Phone
Fitness
Mileage reimbursement
Travel through an accountable plan (i.e. tracking mileage for reimbursement)
Types of Deferrals
Elective Deferrals of Employee Premiums/Contributions All Elective Excluded All Elective Deferrals
457 employee and employer contributions Deferrals included included
125 cafeteria plan, FSAs and HSAs
IRA contributions
Types of Benefits
Nontaxable Fringe Benefits of Employees All Nontaxable Excluded All Nontaxable
Health plan, dental, vision benefits Fringe Benefits Fringe Benefits
Workers compensation premiums included included
Short- or Long-term disability premiums
Group term or whole life insurance < $50,000
Mandatory Contributions All Mandatory Excluded All Mandatory
Defined Benefit employee contributions Contributions Contributions
MERS Health Care Savings Program employee contributions included included
Taxable Fringe Benefits Excluded Excluded All Taxable Fringe
Clothing reimbursement Benefits included
Stipends for health insurance opt out payments
Group term life insurance > $50,000
Other Benefits / Lump Sum Payments Excluded Excluded All Other Lump Sum
Workers compensation settlement payments Benefits included
DB-000 (version 2020-09-10) Page 4 of 6
DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD
Defined Benefit Plan Adoption Agreement Addendum
EMPLOYER NAME: DIV:
Muskegon, City of 61160112
SKIP THIS TABLE if you selected one of the standard definitions of compensation on page 4.
X CUSTOM: If you choose this option, you must select boxes in each section you would like to include in your Definition of
Compensation. You will be responsible for additional reporting details to track custom definitions.
Types of Compensation
Regular Wages
X Salary or hourly wage X hours X On-call pay
X PTO used (sick, vacation, personal, bereavement, holiday leave, or unclassified) Other: ______________________________________________________
Other Wages apply: YES X NO
X Shift differentials X Severance issued over time (weekly/bi-weekly)
X Overtime Other: ______________________________________________________
Lump Sum Payments apply: YES X NO
X
X PTO cash-out Educational degrees
X Longevity Moving expenses
X Bonuses X Sick payouts
X Merit pay X Severance (if issued as lump sum)
X Job certifications Other: ______________________________________________________
Taxable Payments apply: YES X NO
Travel through a non-accountable plan (i.e. mileage not tracked for reimbursement)
Prizes, gift cards X Car allowance
Personal use of a company car Other: ______________________________________________________
Reimbursement of Nontaxable Expenses (as defined by the IRS) apply: YES NO X
Gun, tools, equipment, uniform Mileage reimbursement
Phone Travel through an accountable plan (i.e. tracking mileage for reimbursement)
Fitness Other: ______________________________________________________
Types of Deferrals
Elective Deferrals of Employee Premiums/Contributions apply: YES X NO
X 457 employee and employer contributions IRA contributions
X 125 cafeteria plan, FSAs and HSAs Other: ______________________________________________________
Types of Benefits
Nontaxable Fringe Benefits of Employees apply: YES NO X
Health plan, dental, vision benefits
Workers compensation premiums Group term or whole life insurance < $50,000
Short- or Long-term disability premiums Other: ______________________________________________________
Mandatory Contributions apply: YES X NO
X Defined Benefit employee contributions
X MERS Health Care Savings Program employee contributions Other: ______________________________________________________
Taxable Fringe Benefits apply: YES X NO
Clothing reimbursement Group term life insurance > $50,000
X Stipends for health insurance opt out payments Other: ______________________________________________________
Other Benefits / Lump Sum Payments apply: YES NO X
Workers compensation settlement payments Other: ______________________________________________________
DB-000 (version 2020-09-10) Page 5 of 6
DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD
Defined Benefit Plan Adoption Agreement Addendum
EMPLOYER NAME: Muskegon, City of DIV: 61160112
V. Execution:
Authorized Designee of Governing Body of Municipality or Chief Judge of Court
This foregoing Addendum is hereby approved by City of Muskegon
at a Board Meeting which took place on: __________________
11/24/2020
(mm/dd/yyyy)
Authorized Signature: ______________________________________________________________________
Printed Name: _____________________________________________________________________________
Title: ______________________________________________________________________________________
Date: __________________
DB-000 (version 2020-09-10) Page 6 of 6
DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD
Defined Benefit Plan Adoption Agreement Addendum
1134 Municipal Way Lansing, MI 48917 | 800.767.MERS (6377) | Fax 517.703.9711 www.mersofmich.com
The employer, a participating municipality or court within the state of Michigan, hereby agrees to adopt
and administer the MERS Defined Benefit (DB) Plan provided by the Municipal Employees’ Retirement
System of Michigan, as authorized by 1996 PA 220, in accordance with MERS Plan Document, as both
may be amended, subject to the terms and conditions herein.
I. Effective Date
The effective date shall be the first day of January, 2021.
Muskegon, City of
II. Employer name ____________________________________________________________________________
Municipality number _____________
611601
This is an amendment of the existing Adoption Agreement for the MERS Defined Benefit.
Any changes to plan provisions apply to employees in the division on the effective date, as well as to
new hires ongoing. Definitions will apply for all service accrued after the effective date.
61160121
Division number _____________
Division name on file with MERS _____________________________________________________________
PolicePatrol
III. Plan Eligibility
Only those employees eligible for MERS membership may participate in the MERS Defined Benefit. If
an employee classification is included in the plan, then employees that meet this definition will receive
service credit if they work the required number of hours to meet the service credit qualification defined
below. All eligible employees must be reported to MERS.
Using your Division Name above, expand on the employee classifications that are eligible to
participate in MERS. For example, if Division is “General,” please insert specific classifications that are
eligible for MERS such as “Clerical Staff,” “Elected Officials,” “Library Director,” etc.:
Patrol Officers
___________________________________________________________________________________________
Employee classification contains public safety employees: X Yes No
Public safety employees include: law enforcement, parole and probation officers, employees
responsible for emergency response (911 dispatch, fire service, paramedics, etc.), public works,
and other skilled support personnel (equipment operators, etc.).
DB-000 (version 2020-09-10) Page 1 of 6
DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD
Defined Benefit Plan Adoption Agreement Addendum
EMPLOYER NAME: DIV:
Muskegon, City of 61160121
If you elect to include a special classification (chart below), then the employee will be required to meet the
Service Credit Qualification as defined under section IV (Provisions) in order to earn a month of service.
Excluded classification will require additional information below.
To further define eligibility (select all that apply):
Not
Employee Classification Included Excluded
Employed
Temporary Employees: Those who will work for the municipality fewer than _____
12 X
months in total.
Part-Time Employees: Those who regularly work fewer than _______
1664 per _______.
year X
Seasonal Employees: Those who will work for the municipality
X
from __________ to __________ only.
Voter-Elected Officials X
Appointed Officials: An official appointed to a voter-elected office. X
Contract Employees X
Probationary Periods (select one):
Service will begin after the probationary period has been satisfied. Probationary periods are allowed in
one-month increments, no longer than 12 months. During this probationary period, the employer will
not report or provide service.
The probationary period will be ______ month(s).
Comments:
X Service will begin with the employee’s date of hire (no Probationary Period). Effective with the date of
hire, wages paid and any associated contributions must be submitted to MERS.
DB-000 (version 2020-09-10) Page 2 of 6
DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD
Defined Benefit Plan Adoption Agreement Addendum
EMPLOYER NAME: Muskegon, City of DIV: 61160121
IV. Provisions
1. Service Credit Qualification
To clarify how eligible employees earn service credit, please indicate how many hours per month an
eligible employee needs to work. For example, if you require 10 eight-hour days, this would be 80 hours
per month. If an ‘hour per day’ has been defined (like ten 7-hour days), electing 70 hours will be required.
Employees must meet the definition of Plan Eligibility in order to earn service credit under the plan.
To receive one month of service credit, an employee shall work (or be paid for as if working)
_________
150 hours in a month.
2. Leaves of Absence
Indicate by checking the boxes below, whether the potential for service credit will be allowed if an
eligible employee is on one of the following types of leave, regardless of meeting the service credit
qualification criteria.
Regardless whether an eligible employee is awarded service credit while on the selected type(s) of leave:
• MERS will skip over these months when determining the FAC amount for benefit calculations.
• Third-party wages are not reported for leaves of absence.
• Employers are not required to remit employer contributions based on leaves of absence when
no wages are paid by the employer. However, an employer may submit additional voluntary
contributions for the period of the leave in an amount determined by the employer.
• For contributory divisions, employee contributions are required for service credit to be retained.
Employee contributions will be collected based on the Service Credit Qualification. Employers will
calculate employee contributions due using the employee’s current hourly rate (prior to leave). For
example if 120 hours is required for service credit, then employee contributions shall be equal to
120 hours times the employee’s hourly rate. Employees have three times the length of leave, to a
maximum of five years, to pay required employee contributions. Leaves of absence are required
to be reported to MERS, including the employee’s start and end date per month, along with the
employee’s hourly rate.
Type of Leave Service Credit Service Credit
Granted Excluded
Short- and Long-Term Disability X
Workers’ Compensation X
Unpaid Family Medical Leave Act (FMLA) X
Other: _________________________________________________________ X
For example, sick and accident, administrative, educational, sabbatical, etc.
Other 2: _______________________________________________________
Pd sick or medical leave, admin leave X
Additional leave types as above
Leaves of absence due to military service are governed by the Federal Uniformed Services Employment
and Reemployment Rights Act of 1994 (USERRA), IRC 414(u), effective January 1, 2007, IRC 401(a)(37).
DB-000 (version 2020-09-10) Page 3 of 6
DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD
Defined Benefit Plan Adoption Agreement Addendum
EMPLOYER NAME: DIV:
Muskegon, City of 61160121
3. Definition of Compensation
The Definition of Compensation is used to calculate a participant’s final average compensation and is
used in determining both employer and employee contributions. Wages paid to employees, calculated
using the elected definition, must be reported to MERS.
Select your Definition of Compensation here. If you
choose to customize your definition, skip this table
and proceed to page 5.
Base Wages Box 1 Wages Gross Wages
Types of Compensation
Regular Wages All Regular Wages All Regular Wages All Regular Wages
Salary or hourly wage X hours included included included
PTO used (sick, vacation, personal, bereavement, holiday leave, or unclassified)
On-call pay
Other Wages Excluded All Other Wages All Other Wages
Shift differentials included included
Overtime
Severance issued over time (weekly/bi-weekly)
Lump Sum Payments Excluded All Lump Sum All Lump Sum
PTO cash-out Payments included Payments included
Longevity
Bonuses
Merit pay
Job certifications
Educational degrees
Moving expenses
Sick payouts
Severance (if issued as lump sum)
Taxable Payments Excluded All Taxable All Taxable
Travel through a non-accountable plan (i.e. mileage not tracked for reimbursement) Payments included Payments included
Prizes, gift cards
Personal use of a company car
Car allowance
Reimbursement of Nontaxable Expenses (as defined by the IRS) Excluded Excluded Excluded
Gun, tools, equipment, uniform
Phone
Fitness
Mileage reimbursement
Travel through an accountable plan (i.e. tracking mileage for reimbursement)
Types of Deferrals
Elective Deferrals of Employee Premiums/Contributions All Elective Excluded All Elective Deferrals
457 employee and employer contributions Deferrals included included
125 cafeteria plan, FSAs and HSAs
IRA contributions
Types of Benefits
Nontaxable Fringe Benefits of Employees All Nontaxable Excluded All Nontaxable
Health plan, dental, vision benefits Fringe Benefits Fringe Benefits
Workers compensation premiums included included
Short- or Long-term disability premiums
Group term or whole life insurance < $50,000
Mandatory Contributions All Mandatory Excluded All Mandatory
Defined Benefit employee contributions Contributions Contributions
MERS Health Care Savings Program employee contributions included included
Taxable Fringe Benefits Excluded Excluded All Taxable Fringe
Clothing reimbursement Benefits included
Stipends for health insurance opt out payments
Group term life insurance > $50,000
Other Benefits / Lump Sum Payments Excluded Excluded All Other Lump Sum
Workers compensation settlement payments Benefits included
DB-000 (version 2020-09-10) Page 4 of 6
DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD
Defined Benefit Plan Adoption Agreement Addendum
EMPLOYER NAME: DIV:
Muskegon, City of 61160121
SKIP THIS TABLE if you selected one of the standard definitions of compensation on page 4.
X CUSTOM: If you choose this option, you must select boxes in each section you would like to include in your Definition of
Compensation. You will be responsible for additional reporting details to track custom definitions.
Types of Compensation
Regular Wages
X Salary or hourly wage X hours X On-call pay
X PTO used (sick, vacation, personal, bereavement, holiday leave, or unclassified) Other: ______________________________________________________
Other Wages apply: YES X NO
X X Severance issued over time (weekly/bi-weekly)
Shift differentials
X Overtime Other: ______________________________________________________
Lump Sum Payments apply: YES X NO
X PTO cash-out X Educational degrees
X Longevity Moving expenses
X Bonuses X Sick payouts
X Merit pay X Severance (if issued as lump sum)
X Job certifications Other: ______________________________________________________
Taxable Payments apply: YES X NO
Travel through a non-accountable plan (i.e. mileage not tracked for reimbursement)
Prizes, gift cards X Car allowance
Personal use of a company car Other: ______________________________________________________
Reimbursement of Nontaxable Expenses (as defined by the IRS) apply: YES NO X
Gun, tools, equipment, uniform Mileage reimbursement
Phone Travel through an accountable plan (i.e. tracking mileage for reimbursement)
Fitness Other: ______________________________________________________
Types of Deferrals
Elective Deferrals of Employee Premiums/Contributions apply: YES X NO
X 457 employee and employer contributions IRA contributions
X 125 cafeteria plan, FSAs and HSAs Other: ______________________________________________________
Types of Benefits
Nontaxable Fringe Benefits of Employees apply: YES NO X
Health plan, dental, vision benefits
Workers compensation premiums Group term or whole life insurance < $50,000
Short- or Long-term disability premiums Other: ______________________________________________________
Mandatory Contributions apply: YES X NO
X Defined Benefit employee contributions
X MERS Health Care Savings Program employee contributions Other: ______________________________________________________
Taxable Fringe Benefits apply: YES X NO
Clothing reimbursement Group term life insurance > $50,000
X Stipends for health insurance opt out payments Other: ______________________________________________________
Other Benefits / Lump Sum Payments apply: YES NO X
Workers compensation settlement payments Other: ______________________________________________________
DB-000 (version 2020-09-10) Page 5 of 6
DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD
Defined Benefit Plan Adoption Agreement Addendum
EMPLOYER NAME: Muskegon, City of DIV: 61160121
V. Execution:
Authorized Designee of Governing Body of Municipality or Chief Judge of Court
This foregoing Addendum is hereby approved by City of Muskegon
at a Board Meeting which took place on: __________________
11/24/2020
(mm/dd/yyyy)
Authorized Signature: ______________________________________________________________________
Printed Name: _____________________________________________________________________________
Title: ______________________________________________________________________________________
Date: __________________
DB-000 (version 2020-09-10) Page 6 of 6
DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD
Defined Benefit Plan Adoption Agreement Addendum
1134 Municipal Way Lansing, MI 48917 | 800.767.MERS (6377) | Fax 517.703.9711 www.mersofmich.com
The employer, a participating municipality or court within the state of Michigan, hereby agrees to adopt
and administer the MERS Defined Benefit (DB) Plan provided by the Municipal Employees’ Retirement
System of Michigan, as authorized by 1996 PA 220, in accordance with MERS Plan Document, as both
may be amended, subject to the terms and conditions herein.
I. Effective Date
The effective date shall be the first day of January, 2021.
Muskegon, City of
II. Employer name ____________________________________________________________________________
Municipality number _____________
611601
This is an amendment of the existing Adoption Agreement for the MERS Defined Benefit.
Any changes to plan provisions apply to employees in the division on the effective date, as well as to
new hires ongoing. Definitions will apply for all service accrued after the effective date.
61160122
Division number _____________
Division name on file with MERS _____________________________________________________________
Police Comm
III. Plan Eligibility
Only those employees eligible for MERS membership may participate in the MERS Defined Benefit. If
an employee classification is included in the plan, then employees that meet this definition will receive
service credit if they work the required number of hours to meet the service credit qualification defined
below. All eligible employees must be reported to MERS.
Using your Division Name above, expand on the employee classifications that are eligible to
participate in MERS. For example, if Division is “General,” please insert specific classifications that are
eligible for MERS such as “Clerical Staff,” “Elected Officials,” “Library Director,” etc.:
Command Police Officers - Sergeant and above
___________________________________________________________________________________________
Employee classification contains public safety employees: X Yes No
Public safety employees include: law enforcement, parole and probation officers, employees
responsible for emergency response (911 dispatch, fire service, paramedics, etc.), public works,
and other skilled support personnel (equipment operators, etc.).
DB-000 (version 2020-09-10) Page 1 of 6
DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD
Defined Benefit Plan Adoption Agreement Addendum
EMPLOYER NAME: DIV:
Muskegon, City of 61160122
If you elect to include a special classification (chart below), then the employee will be required to meet the
Service Credit Qualification as defined under section IV (Provisions) in order to earn a month of service.
Excluded classification will require additional information below.
To further define eligibility (select all that apply):
Not
Employee Classification Included Excluded
Employed
Temporary Employees: Those who will work for the municipality fewer than _____
12 X
months in total.
Part-Time Employees: Those who regularly work fewer than _______
1664 per _______.
year X
Seasonal Employees: Those who will work for the municipality
X
from __________ to __________ only.
Voter-Elected Officials X
Appointed Officials: An official appointed to a voter-elected office. X
Contract Employees X
Probationary Periods (select one):
Service will begin after the probationary period has been satisfied. Probationary periods are allowed in
one-month increments, no longer than 12 months. During this probationary period, the employer will
not report or provide service.
The probationary period will be ______ month(s).
Comments:
X Service will begin with the employee’s date of hire (no Probationary Period). Effective with the date of
hire, wages paid and any associated contributions must be submitted to MERS.
DB-000 (version 2020-09-10) Page 2 of 6
DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD
Defined Benefit Plan Adoption Agreement Addendum
EMPLOYER NAME: Muskegon, City of DIV: 61160122
IV. Provisions
1. Service Credit Qualification
To clarify how eligible employees earn service credit, please indicate how many hours per month an
eligible employee needs to work. For example, if you require 10 eight-hour days, this would be 80 hours
per month. If an ‘hour per day’ has been defined (like ten 7-hour days), electing 70 hours will be required.
Employees must meet the definition of Plan Eligibility in order to earn service credit under the plan.
To receive one month of service credit, an employee shall work (or be paid for as if working)
_________
150 hours in a month.
2. Leaves of Absence
Indicate by checking the boxes below, whether the potential for service credit will be allowed if an
eligible employee is on one of the following types of leave, regardless of meeting the service credit
qualification criteria.
Regardless whether an eligible employee is awarded service credit while on the selected type(s) of leave:
• MERS will skip over these months when determining the FAC amount for benefit calculations.
• Third-party wages are not reported for leaves of absence.
• Employers are not required to remit employer contributions based on leaves of absence when
no wages are paid by the employer. However, an employer may submit additional voluntary
contributions for the period of the leave in an amount determined by the employer.
• For contributory divisions, employee contributions are required for service credit to be retained.
Employee contributions will be collected based on the Service Credit Qualification. Employers will
calculate employee contributions due using the employee’s current hourly rate (prior to leave). For
example if 120 hours is required for service credit, then employee contributions shall be equal to
120 hours times the employee’s hourly rate. Employees have three times the length of leave, to a
maximum of five years, to pay required employee contributions. Leaves of absence are required
to be reported to MERS, including the employee’s start and end date per month, along with the
employee’s hourly rate.
Type of Leave Service Credit Service Credit
Granted Excluded
Short- and Long-Term Disability X
Workers’ Compensation X
Unpaid Family Medical Leave Act (FMLA) X
Other: _________________________________________________________ X
For example, sick and accident, administrative, educational, sabbatical, etc.
Other 2: _______________________________________________________
Paid sick or medical leave, admin leave
X
Additional leave types as above
Leaves of absence due to military service are governed by the Federal Uniformed Services Employment
and Reemployment Rights Act of 1994 (USERRA), IRC 414(u), effective January 1, 2007, IRC 401(a)(37).
DB-000 (version 2020-09-10) Page 3 of 6
DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD
Defined Benefit Plan Adoption Agreement Addendum
EMPLOYER NAME: DIV:
Muskegon, City of 61160122
3. Definition of Compensation
The Definition of Compensation is used to calculate a participant’s final average compensation and is
used in determining both employer and employee contributions. Wages paid to employees, calculated
using the elected definition, must be reported to MERS.
Select your Definition of Compensation here. If you
choose to customize your definition, skip this table
and proceed to page 5.
Base Wages Box 1 Wages Gross Wages
Types of Compensation
Regular Wages All Regular Wages All Regular Wages All Regular Wages
Salary or hourly wage X hours included included included
PTO used (sick, vacation, personal, bereavement, holiday leave, or unclassified)
On-call pay
Other Wages Excluded All Other Wages All Other Wages
Shift differentials included included
Overtime
Severance issued over time (weekly/bi-weekly)
Lump Sum Payments Excluded All Lump Sum All Lump Sum
PTO cash-out Payments included Payments included
Longevity
Bonuses
Merit pay
Job certifications
Educational degrees
Moving expenses
Sick payouts
Severance (if issued as lump sum)
Taxable Payments Excluded All Taxable All Taxable
Travel through a non-accountable plan (i.e. mileage not tracked for reimbursement) Payments included Payments included
Prizes, gift cards
Personal use of a company car
Car allowance
Reimbursement of Nontaxable Expenses (as defined by the IRS) Excluded Excluded Excluded
Gun, tools, equipment, uniform
Phone
Fitness
Mileage reimbursement
Travel through an accountable plan (i.e. tracking mileage for reimbursement)
Types of Deferrals
Elective Deferrals of Employee Premiums/Contributions All Elective Excluded All Elective Deferrals
457 employee and employer contributions Deferrals included included
125 cafeteria plan, FSAs and HSAs
IRA contributions
Types of Benefits
Nontaxable Fringe Benefits of Employees All Nontaxable Excluded All Nontaxable
Health plan, dental, vision benefits Fringe Benefits Fringe Benefits
Workers compensation premiums included included
Short- or Long-term disability premiums
Group term or whole life insurance < $50,000
Mandatory Contributions All Mandatory Excluded All Mandatory
Defined Benefit employee contributions Contributions Contributions
MERS Health Care Savings Program employee contributions included included
Taxable Fringe Benefits Excluded Excluded All Taxable Fringe
Clothing reimbursement Benefits included
Stipends for health insurance opt out payments
Group term life insurance > $50,000
Other Benefits / Lump Sum Payments Excluded Excluded All Other Lump Sum
Workers compensation settlement payments Benefits included
DB-000 (version 2020-09-10) Page 4 of 6
DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD
Defined Benefit Plan Adoption Agreement Addendum
EMPLOYER NAME: DIV:
Muskegon, City of 61160122
SKIP THIS TABLE if you selected one of the standard definitions of compensation on page 4.
X CUSTOM: If you choose this option, you must select boxes in each section you would like to include in your Definition of
Compensation. You will be responsible for additional reporting details to track custom definitions.
Types of Compensation
Regular Wages
X Salary or hourly wage X hours X On-call pay
X PTO used (sick, vacation, personal, bereavement, holiday leave, or unclassified) Other: ______________________________________________________
Other Wages apply: YES X NO
X Shift differentials X Severance issued over time (weekly/bi-weekly)
X Overtime Other: ______________________________________________________
Lump Sum Payments apply: YES X NO
X PTO cash-out X
Educational degrees
X Longevity Moving expenses
X Bonuses X Sick payouts
X Merit pay X Severance (if issued as lump sum)
X Job certifications Other: ______________________________________________________
Taxable Payments apply: YES X NO
Travel through a non-accountable plan (i.e. mileage not tracked for reimbursement)
X
Prizes, gift cards Car allowance
Personal use of a company car Other: ______________________________________________________
Reimbursement of Nontaxable Expenses (as defined by the IRS) apply: YES NO X
Gun, tools, equipment, uniform Mileage reimbursement
Phone Travel through an accountable plan (i.e. tracking mileage for reimbursement)
Fitness Other: ______________________________________________________
Types of Deferrals
Elective Deferrals of Employee Premiums/Contributions apply: YES X NO
X 457 employee and employer contributions IRA contributions
X 125 cafeteria plan, FSAs and HSAs Other: ______________________________________________________
Types of Benefits
Nontaxable Fringe Benefits of Employees apply: YES NO X
Health plan, dental, vision benefits
Workers compensation premiums Group term or whole life insurance < $50,000
Short- or Long-term disability premiums Other: ______________________________________________________
Mandatory Contributions apply: YES X NO
X Defined Benefit employee contributions
X MERS Health Care Savings Program employee contributions Other: ______________________________________________________
Taxable Fringe Benefits apply: YES X NO
Clothing reimbursement Group term life insurance > $50,000
X Stipends for health insurance opt out payments Other: ______________________________________________________
Other Benefits / Lump Sum Payments apply: YES NO X
Workers compensation settlement payments Other: ______________________________________________________
DB-000 (version 2020-09-10) Page 5 of 6
DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD
Defined Benefit Plan Adoption Agreement Addendum
EMPLOYER NAME: Muskegon, City of DIV: 61160122
V. Execution:
Authorized Designee of Governing Body of Municipality or Chief Judge of Court
This foregoing Addendum is hereby approved by City of Muskegon
at a Board Meeting which took place on: __________________
11/24/2020
(mm/dd/yyyy)
Authorized Signature: ______________________________________________________________________
Printed Name: _____________________________________________________________________________
Title: ______________________________________________________________________________________
Date: __________________
DB-000 (version 2020-09-10) Page 6 of 6
DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD
Defined Benefit Plan Adoption Agreement Addendum
1134 Municipal Way Lansing, MI 48917 | 800.767.MERS (6377) | Fax 517.703.9711 www.mersofmich.com
The employer, a participating municipality or court within the state of Michigan, hereby agrees to adopt
and administer the MERS Defined Benefit (DB) Plan provided by the Municipal Employees’ Retirement
System of Michigan, as authorized by 1996 PA 220, in accordance with MERS Plan Document, as both
may be amended, subject to the terms and conditions herein.
I. Effective Date
The effective date shall be the first day of January, 2021.
Muskegon, City of
II. Employer name ____________________________________________________________________________
Municipality number _____________
611601
This is an amendment of the existing Adoption Agreement for the MERS Defined Benefit.
Any changes to plan provisions apply to employees in the division on the effective date, as well as to
new hires ongoing. Definitions will apply for all service accrued after the effective date.
61160150
Division number _____________
Division name on file with MERS _____________________________________________________________
FF Local 370
III. Plan Eligibility
Only those employees eligible for MERS membership may participate in the MERS Defined Benefit. If
an employee classification is included in the plan, then employees that meet this definition will receive
service credit if they work the required number of hours to meet the service credit qualification defined
below. All eligible employees must be reported to MERS.
Using your Division Name above, expand on the employee classifications that are eligible to
participate in MERS. For example, if Division is “General,” please insert specific classifications that are
eligible for MERS such as “Clerical Staff,” “Elected Officials,” “Library Director,” etc.:
All Firefighters and Command Officers
___________________________________________________________________________________________
Employee classification contains public safety employees: X Yes No
Public safety employees include: law enforcement, parole and probation officers, employees
responsible for emergency response (911 dispatch, fire service, paramedics, etc.), public works,
and other skilled support personnel (equipment operators, etc.).
DB-000 (version 2020-09-10) Page 1 of 6
DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD
Defined Benefit Plan Adoption Agreement Addendum
EMPLOYER NAME: DIV:
Muskegon, City of 61160150
If you elect to include a special classification (chart below), then the employee will be required to meet the
Service Credit Qualification as defined under section IV (Provisions) in order to earn a month of service.
Excluded classification will require additional information below.
To further define eligibility (select all that apply):
Not
Employee Classification Included Excluded
Employed
Temporary Employees: Those who will work for the municipality fewer than _____
12
X
months in total.
Part-Time Employees: Those who regularly work fewer than _______
1664 per _______.
year X
Seasonal Employees: Those who will work for the municipality
X
from __________ to __________ only.
Voter-Elected Officials X
Appointed Officials: An official appointed to a voter-elected office. X
Contract Employees X
Probationary Periods (select one):
Service will begin after the probationary period has been satisfied. Probationary periods are allowed in
one-month increments, no longer than 12 months. During this probationary period, the employer will
not report or provide service.
The probationary period will be ______ month(s).
Comments:
X Service will begin with the employee’s date of hire (no Probationary Period). Effective with the date of
hire, wages paid and any associated contributions must be submitted to MERS.
DB-000 (version 2020-09-10) Page 2 of 6
DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD
Defined Benefit Plan Adoption Agreement Addendum
EMPLOYER NAME: Muskegon, City of DIV: 61160150
IV. Provisions
1. Service Credit Qualification
To clarify how eligible employees earn service credit, please indicate how many hours per month an
eligible employee needs to work. For example, if you require 10 eight-hour days, this would be 80 hours
per month. If an ‘hour per day’ has been defined (like ten 7-hour days), electing 70 hours will be required.
Employees must meet the definition of Plan Eligibility in order to earn service credit under the plan.
To receive one month of service credit, an employee shall work (or be paid for as if working)
_________
203 hours in a month.
2. Leaves of Absence
Indicate by checking the boxes below, whether the potential for service credit will be allowed if an
eligible employee is on one of the following types of leave, regardless of meeting the service credit
qualification criteria.
Regardless whether an eligible employee is awarded service credit while on the selected type(s) of leave:
• MERS will skip over these months when determining the FAC amount for benefit calculations.
• Third-party wages are not reported for leaves of absence.
• Employers are not required to remit employer contributions based on leaves of absence when
no wages are paid by the employer. However, an employer may submit additional voluntary
contributions for the period of the leave in an amount determined by the employer.
• For contributory divisions, employee contributions are required for service credit to be retained.
Employee contributions will be collected based on the Service Credit Qualification. Employers will
calculate employee contributions due using the employee’s current hourly rate (prior to leave). For
example if 120 hours is required for service credit, then employee contributions shall be equal to
120 hours times the employee’s hourly rate. Employees have three times the length of leave, to a
maximum of five years, to pay required employee contributions. Leaves of absence are required
to be reported to MERS, including the employee’s start and end date per month, along with the
employee’s hourly rate.
Type of Leave Service Credit Service Credit
Granted Excluded
Short- and Long-Term Disability X
Workers’ Compensation X
Unpaid Family Medical Leave Act (FMLA) X
Other: _________________________________________________________ X
For example, sick and accident, administrative, educational, sabbatical, etc.
Other 2: _______________________________________________________
Paid sick or medical leave, admin leave
X
Additional leave types as above
Leaves of absence due to military service are governed by the Federal Uniformed Services Employment
and Reemployment Rights Act of 1994 (USERRA), IRC 414(u), effective January 1, 2007, IRC 401(a)(37).
DB-000 (version 2020-09-10) Page 3 of 6
DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD
Defined Benefit Plan Adoption Agreement Addendum
EMPLOYER NAME: DIV:
Muskegon, City of 61160150
3. Definition of Compensation
The Definition of Compensation is used to calculate a participant’s final average compensation and is
used in determining both employer and employee contributions. Wages paid to employees, calculated
using the elected definition, must be reported to MERS.
Select your Definition of Compensation here. If you
choose to customize your definition, skip this table
and proceed to page 5.
Base Wages Box 1 Wages Gross Wages
Types of Compensation
Regular Wages All Regular Wages All Regular Wages All Regular Wages
Salary or hourly wage X hours included included included
PTO used (sick, vacation, personal, bereavement, holiday leave, or unclassified)
On-call pay
Other Wages Excluded All Other Wages All Other Wages
Shift differentials included included
Overtime
Severance issued over time (weekly/bi-weekly)
Lump Sum Payments Excluded All Lump Sum All Lump Sum
PTO cash-out Payments included Payments included
Longevity
Bonuses
Merit pay
Job certifications
Educational degrees
Moving expenses
Sick payouts
Severance (if issued as lump sum)
Taxable Payments Excluded All Taxable All Taxable
Travel through a non-accountable plan (i.e. mileage not tracked for reimbursement) Payments included Payments included
Prizes, gift cards
Personal use of a company car
Car allowance
Reimbursement of Nontaxable Expenses (as defined by the IRS) Excluded Excluded Excluded
Gun, tools, equipment, uniform
Phone
Fitness
Mileage reimbursement
Travel through an accountable plan (i.e. tracking mileage for reimbursement)
Types of Deferrals
Elective Deferrals of Employee Premiums/Contributions All Elective Excluded All Elective Deferrals
457 employee and employer contributions Deferrals included included
125 cafeteria plan, FSAs and HSAs
IRA contributions
Types of Benefits
Nontaxable Fringe Benefits of Employees All Nontaxable Excluded All Nontaxable
Health plan, dental, vision benefits Fringe Benefits Fringe Benefits
Workers compensation premiums included included
Short- or Long-term disability premiums
Group term or whole life insurance < $50,000
Mandatory Contributions All Mandatory Excluded All Mandatory
Defined Benefit employee contributions Contributions Contributions
MERS Health Care Savings Program employee contributions included included
Taxable Fringe Benefits Excluded Excluded All Taxable Fringe
Clothing reimbursement Benefits included
Stipends for health insurance opt out payments
Group term life insurance > $50,000
Other Benefits / Lump Sum Payments Excluded Excluded All Other Lump Sum
Workers compensation settlement payments Benefits included
DB-000 (version 2020-09-10) Page 4 of 6
DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD
Defined Benefit Plan Adoption Agreement Addendum
EMPLOYER NAME: DIV:
Muskegon, City of 61160150
SKIP THIS TABLE if you selected one of the standard definitions of compensation on page 4.
X CUSTOM: If you choose this option, you must select boxes in each section you would like to include in your Definition of
Compensation. You will be responsible for additional reporting details to track custom definitions.
Types of Compensation
Regular Wages
X Salary or hourly wage X hours X On-call pay
X PTO used (sick, vacation, personal, bereavement, holiday leave, or unclassified) Other: ______________________________________________________
Other Wages apply: YES X NO
X Shift differentials Severance issued over time (weekly/bi-weekly)
X Overtime Other: ______________________________________________________
Lump Sum Payments apply: YES X NO
X PTO cash-out X Educational degrees
X Longevity Moving expenses
X Bonuses X Sick payouts
X Merit pay X Severance (if issued as lump sum)
X Job certifications Other: ______________________________________________________
Taxable Payments apply: YES NO X
Travel through a non-accountable plan (i.e. mileage not tracked for reimbursement)
Prizes, gift cards Car allowance
Personal use of a company car Other: ______________________________________________________
Reimbursement of Nontaxable Expenses (as defined by the IRS) apply: YES NO X
Gun, tools, equipment, uniform Mileage reimbursement
Phone Travel through an accountable plan (i.e. tracking mileage for reimbursement)
Fitness Other: ______________________________________________________
Types of Deferrals
Elective Deferrals of Employee Premiums/Contributions apply: YES X NO
X 457 employee and employer contributions IRA contributions
X 125 cafeteria plan, FSAs and HSAs Other: ______________________________________________________
Types of Benefits
Nontaxable Fringe Benefits of Employees apply: YES NO X
Health plan, dental, vision benefits
Workers compensation premiums Group term or whole life insurance < $50,000
Short- or Long-term disability premiums Other: ______________________________________________________
Mandatory Contributions apply: YES X NO
X Defined Benefit employee contributions
X MERS Health Care Savings Program employee contributions Other: ______________________________________________________
Taxable Fringe Benefits apply: YES X NO
Clothing reimbursement Group term life insurance > $50,000
X Stipends for health insurance opt out payments Other: ______________________________________________________
Other Benefits / Lump Sum Payments apply: YES NO X
Workers compensation settlement payments Other: ______________________________________________________
DB-000 (version 2020-09-10) Page 5 of 6
DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD
Defined Benefit Plan Adoption Agreement Addendum
EMPLOYER NAME: Muskegon, City of DIV: 61160150
V. Execution:
Authorized Designee of Governing Body of Municipality or Chief Judge of Court
This foregoing Addendum is hereby approved by City of Muskegon
at a Board Meeting which took place on: __________________
11/24/2020
(mm/dd/yyyy)
Authorized Signature: ______________________________________________________________________
Printed Name: _____________________________________________________________________________
Title: ______________________________________________________________________________________
Date: __________________
DB-000 (version 2020-09-10) Page 6 of 6
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 11/24/2020 Title: Trinity Village (COGIC Village) PILOT
Agreement Termination
Submitted By: Sarah Petersen Department: Treasurer
Brief Summary: To terminate the payment in lieu of taxes (PILOT) agreement with Trinity Village
for the COGIC Village housing project.
Detailed Summary: We were recently notified by a representative of KMG Prestige, property
manager for COGIC Village, that the property had been sold in August of 2019 to MASH – COGIC
Muskegon LDHA Association, LLC. At the time the property was sold, the qualifying loan was paid
off. As such, the property no longer qualifies for PILOT status, and we need to take official action
to terminate the original agreement. After termination, the county’s Equalization Department will
notify the owners of the termination, and determine the proper classification to return the property
to the city’s tax roll.
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: To approve the attached resolution to terminate the Contract for Housing
Exemption with Trinity Village Non-Profit Housing Corporation.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
RESOLUTION TERMINATING THE CITY OF MUSKEGON CONTRACT FOR
HOUSING EXEMPTION – TRINITY VILLAGE NON-PROFIT HOUSING
CORPORATION
City of Muskegon
County of Muskegon, State of Michigan
_________________________________________
Minutes of a regular meeting of the City Commission of the City of Muskegon, County
of Muskegon, State of Michigan, held in the City Hall in the City of Muskegon on the ______
day of _____________, 2020 at 5:30 p.m., Eastern Standard Time.
PRESENT: Members _________________________________________________________
_________________________________________________________________
ABSENT: Members _________________________________________________________
The following preamble and resolution were offered by Member _________________
and supported by Member ___________________________________:
WHEREAS, the City of Muskegon, County of Muskegon, State of Michigan (the “City”),
entered into a Contract for Housing Exemption with Trinity Village Non-Profit Housing
Corporation (“Trinity”) effective June 22, 1999, a copy of which is attached.
WHEREAS, Trinity was to form a limited dividend housing association identified as
COGIC Village – Muskegon LDHALP.
WHEREAS, Trinity was to construct a low income housing project identified as COGIC
Village – Muskegon (“Project”).
WHEREAS, pursuant to MCL Section 125.1415a and Muskegon City Code Section 82-
46, et. seq., the City authorized a payment in lieu of taxes (PILOT) for so long as the Project was
financed and subject to a qualifying loan not to exceed 25 years.
WHEREAS, Trinity entered into a qualifying loan on March 23, 2001 which qualified
pursuant to MCL 125.1415a and Muskegon City Code Section 82-50.
WHEREAS, on or about August 29, 2019 COGIC Village – Muskegon Limited
Development Housing Association Limited Partnership sold its interest to MASH - COGIC
Muskegon LDHA Association, LLC and paid off the qualifying loan.
WHEREAS, a representative of KMG Prestige, property manager for MASH - COGIC
Muskegon LDHA Association, LLC, has informed City staff that it no longer qualifies for the
PILOT, and City staff agrees, and will not be making any further PILOT payments.
O:\CLERK\Common\Word\Agenda Items for Next Meeting\2020\112420\09b_Resolution to Terminate PILOT Contract for COGIC
Village.DOC
1
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City terminates the Contract for Housing Exemption effective August 29, 2019.
2. If appropriate, City staff shall place the Property on the tax rolls effective August 29,
2019.
AYES: Members ___________________________________________________
___________________________________________________________
NAYS: Members ___________________________________________________
RESOLUTION DECLARED ADOPTED.
______________________________
Ann Marie Meisch
City Clerk
I hereby certify that the foregoing is a true and complete copy of a resolution adopted by
the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a
regular meeting held on _____________ ___, 2020, and that said meeting was conducted and
public notice of said meeting was given pursuant to and in full compliance with the Open
Meetings Act, being Act 267, Public Acts of Michigan, 1976, and that the minutes of said
meeting were kept and will be or have been made available as required by said Act.
___________________________________
Ann Marie Meisch
City Clerk Formatted: Font: Not Bold
O:\CLERK\Common\Word\Agenda Items for Next Meeting\2020\112420\09b_Resolution to Terminate PILOT Contract for COGIC
Village.DOC
2
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 11/24/2020 Title: Beach St. Utility Special Assessment
Submitted By: Leo Evans Department: Public Works
Brief Summary: Conduct the 1st Public Hearing for the Beach Street Aerial Utility Burial Special
Assessment to create the special assessment district inclusive of all properties shown in the
attachment, appoint two Commissioners to the Board of Assessors, and adopt the attached
resolution.
Detailed Summary:
Staff has been petitioned by property owners along Beach Street to have the aerial communication
utilities (Frontier Communications and Comcast Cable) buried within the above referenced limits.
Staff has reviewed the request and additional documentation/detail is attached along with a
preliminary staff summary.
Staff will present the results of the property owner mailers at the Public Hearing as well as take any
public comment on the special assessment.
The proposed special assessment district properties are shown in the attachment.
Staff is requesting two Commissioners be appointed to the Board of Assessors along with the
County Assessor’s office to prepare the assessment roll.
Amount Requested: $0 Amount Budgeted: $0
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion:
Close the public hearing, appoint _________________ & ___________________ to the Board of
Assessors and approve the attached resolution.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
CITY OF MUSKEGON
Resolution No.___________
Resolution At First Hearing Creating Special Assessment District
For Beach Street from Wilcox Avenue to Ohio Avenue
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
1. A hearing has been held on November 24, 2020 at 5:30 o'clock p.m. at the City
Commission Chambers. Notice was given by mail and publication as required by
law.
2. That estimates of costs of the project, a feasibility report and valuation and benefit
information are on file with the City and have been reviewed for this hearing.
3. At the hearing held November 24, 2020, there were ______% objections by the owners
of the property in the district registered at the hearing either in writing received before or
at the hearing or by owners or agents present at the hearing, and the Commission has
considered the advisability of proceeding with the project.
FINDINGS:
1. The City Commission has examined the estimates of cost to construct the project
including all assessable expenses and determines them to be reasonable.
2. The City Commission has considered the value of the property to be assessed and the
value of the benefit to be received by each property proposed to be assessed in the district
after the improvements have been made. The City Commission determines that the
assessments of costs of the City project will enhance the value of the properties to be
assessed in an amount at least equivalent to the assessment and that the improvement
thereby constitutes a benefit to the property.
THEREFORE, BE IT RESOLVED:
1. The City Commission hereby declares a special assessment district to include the
property set forth in Exhibit A attached to this resolution.
2. The City Commission determines to proceed with the improvements as set forth in the
feasibility study and estimates of costs, and directs the City Engineer to proceed with
project design, preparation of specifications and the bidding process. If appropriate and
if bonds are to be sold for the purposes of financing the improvements, the Finance
Department shall prepare plans for financing including submission of application to the
Michigan Department of Treasury and the beginning of bond proceedings.
3. The City Commission hereby appoints a Board of Assessors consisting of City
Commissioners _______________________________ and ________________________
and the City Assessor who are hereby directed to prepare an assessment roll.
Assessments shall be made upon front foot basis.
4. Based on the City's Special Assessment policy and preliminary estimates it is expected
that 100% of the cost of the street improvement will be paid by special assessments.
5. Upon submission of the special assessment roll, the City staff is hereby directed to notify
all owners and persons interested in properties to be assessed of the hearing at which the
City Commission will consider confirmation of the special assessment roll.
This resolution adopted.
Ayes___________________________________________________________________
Nays___________________________________________________________________
CITY OF MUSKEGON
By _________________________________
Ann Marie Meisch, Clerk
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on November 24, 2020
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By _________________________________
Ann Marie Meisch, Clerk
Muskegon County Property Viewer Print
Report generated 11/18/2020 at 8:55:28 AM
Muskegon County
This report has been generated from the M usk egon County GIS Property Viewer.
While every effort has been made to prov ide accurate information,
Property Report
Musk egon County and Muskegon County GIS shall not be held liable for the
information presented herein. All data shall be verified by the municipal assessor.
SA District
Properties
Esri, HERE , G armin, (c) OpenStreetMap contributors, and the GIS user
community, Musk egon County G IS, Muskegon County, Michigan
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: November 24, 2020 Title: Amendment to the Zoning Ordinance
– Marihuana
Submitted By: Mike Franzak Department: Planning
Brief Summary: Staff-initiated request to amend the zoning ordinance to allow for Microbusinesses,
Designated Consumption Establishments, Class A Recreational Grows (Up to 100 plants), Class B
Recreational Grows (Up to 500 plants), Class A Medical Grows (Up to 500 plants) and temporary
marihuana events as a special use permitted in I-1, I-2, MC, B-2 and B-4 zoning districts.
Detailed Summary: The Planning Commission voted in favor of the ordinance amendment with the
following conditions:
Any adult-use marihuana business shall not be located within a 500-foot radius of any property
occupied by: (1) a public playground, (2) a public park, (3) public housing, (4) a religious institution, (5)
a public or private, vocational school, college, junior college, or university, (6) a state-licensed child
care center or pre-school, (7) any public swimming pool, public or private youth activity facility, public
outdoor recreation area (except trails), or public recreation facility, (8) a youth center, (9) a juvenile or
adult halfway house, (10) correctional facility or rehab center.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the request to amend the zoning ordinance to allow for
Microbusinesses, Designated Consumption Establishments, Class A Recreational Grows, Class B
Recreational Grows, Class A Medical Grows and temporary marihuana events as a special use
permitted in I-1, I-2, MC, B-2 and B-4 zoning districts.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
An ordinance to amend Sections 905, 1101, 1301, 1401 and 1501 of the Zoning Ordinance to allow for
Microbusinesses, Designated Consumption Establishments, Class A Recreational Grows (Up to 100 plants), Class
B Recreational Grows (Up to 500 plants), Class A Medical Grows (Up to 500 plants) and temporary marihuana
events as a special use permitted in I-1, I-2, MC, B-2 and B-4 zoning districts.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
NEW LANGUAGE (additions in bold)
Sections 905 (MC), 1101 (B-2), 1301 (B-4), 1401 (I-1) and 1501 (I-2) to add as a special use permitted:
Microbusinesses, Designated Consumption Establishments, Class A Recreational Grows (Up to 100 plants), Class B
Recreational Grows (Up to 500 plants), Class A Medical Grows (Up to 500 plants) and temporary marihuana events.
This ordinance adopted:
Ayes:______________________________________________________________
Nayes:_____________________________________________________________
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: _________________________________
Ann Meisch, MMC, City Clerk
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the 24th day of November 2020, at which meeting a quorum was present
and remained throughout, and that the original of said ordinance is on file in the records of the
City of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of
Michigan No. 33 of 2006, and that minutes were kept and will be or have been made available as
required thereby.
DATED: ___________________, 2020. __________________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on November 24, 2020, the City Commission of the City of Muskegon adopted an
ordinance to amend Sections 905, 1101, 1301, 1401 and 1501 of the Zoning Ordinance to allow for
Microbusinesses, Designated Consumption Establishments, Class A Recreational Grows (Up to 100 plants), Class
B Recreational Grows (Up to 500 plants), Class A Medical Grows (Up to 500 plants) and temporary marihuana
events as a special use permitted in I-1, I-2, MC, B-2 and B-4 zoning districts.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ____________________, 2020. CITY OF MUSKEGON
By _________________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354