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CITY OF MUSKEGON
CITY COMMISSION MEETING
NOVEMBER 8, 2005
CITY COMMISSION CHAMBERS@ 5:30P.M.
AGENDA
o CALL TO ORDER:
o PRAYER:
o PLEDGE OF ALLEGIANCE:
o ROLL CALL:
o HONORS AND AWARDS: PUBLIC SAFETY
o INTRODUCTIONS/PRESENTATION:
o CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. Resolution for Charitable Gaming License. CITY CLERK
C. Policy Change to "Policy for Sale of City Owned Residential Property".
PLANNING & ECONOMIC DEVELOPMENT
o PUBLIC HEARINGS:
A. Spreading of the Special Assessment Roll for Park Street, Young Ave. to
Laketon Ave. ENGINEERING
B. Resolution for Class C Liquor License for Ciggzree Morris. PLANNING &
ECONOMIC DEVELOPMENT
o COMMUNICATIONS:
o CITY MANAGER'S REPORT:
o UNFINISHED BUSINESS:
o NEW BUSINESS:
A. Defined Contribution Retirement Plan for New Hires {fire, Non-Union).
FINANCE
B. Agreement between Nutritional Services for Older Americans, Inc.
{NSOAl and the City for the Use of McGraft Park Community Building.
ASSISTANT CITY MANAGER
C. Sale of Buildable Vacant Lot at 445 Marquette. PLANNING &
ECONOMIC DEVELOPMENT
o ANY OTHER BUSINESS:
o PUBLIC PARTICIPATION:
> 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.)
o 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 GAIL A.
KUNDINGER, CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TOO: (231)
724-4172.
Date: November 8, 2005
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve the minutes of the Regular
Commission Meeting that was held on Tuesday, October 25, 2005.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
NOVEMBER 8, 2005
CITY COMMISSION CHAMBERS @ 5:30 P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City
Hall, 933 Terrace Street, Muskegon, Michigan at 5:30p.m., Tuesday, November 8,
2005.
Mayor Warmington opened the meeting with a prayer from Pastor Sarah
Johnson of the Word of Truth Outreach after which the Commission and public
recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Warmington, Vice Mayor Bill Larson, Commissioner
Clara Shepherd, Lawrence Spataro, and Stephen Gawron. City Manager Bryon
Mazade, City Attorney John Schrier, and City Clerk Gail Kundinger.
Absent: Commissioner Chris Carter and Kevin Davis (both excused).
2005-100 HONORS AND AWARDS: Public Safety Director Tony Kleibecker
presented a certificate of appreciation to Mr. Lee.
2005-101 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Regular Commission
Meeting that was held on Tuesday, October 25, 2005.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
B. Resolution for Charitable Gaming License. CITY CLERK
SUMMARY OF REQUEST: Lakeside Business Association is requesting a resolution
recognizing them as a non-profit organization operating in the City for the
purpose of obtaining a gaming license. They would like to hold a raffle in
connection with the Holiday's in Lakeside event on Saturday, December 3, 2005.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval.
C. Policy Change to "Policy for Sale of City Owned Residential Property".
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the change to the "Policy for Sale of City-
Owned Residential Property" definition of "commence construction" stating that
at least 75% of the dwelling be completed as opposed to 25%.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and Clerk to sign said resolution.
COMMITTEE RECOMMENDATION: The Land Reutilization Committee
recommended approval of the policy change at their regular meeting of
October 25, 2005.
Motion by Commissioner Spataro, second by Commissioner Shepherd to
approve the Consent Agenda as read.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Gawron, and Larson
Nays: None
MOTION PASSES
2005-102 PUBLIC HEARINGS:
A. Spreading of the Special Assessment Roll for Park Street. Young Ave. to
Laketon Ave. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Park Street, Young Avenue to Laketon Avenue, and to adopt the
resolution confirming the special assessment roll.
FINANCIAL IMPACT: A total of $44,739.22 would be spread against the ten (10)
parcels abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt
the resolution.
The Public Hearing opened at 5:38 p.m. to hear and consider any comments
from the public. Comments in opposition were heard from Patty Lowe, 1922
Park.
Motion by Commissioner Spataro, second by Commissioner Gawron to close the
Public Hearing at 5:55 p.m. and spread the special assessment roll for Park
Street. Young Avenue to Laketon Avenue.
ROLL VOTE: Ayes: Spataro, Warmington, Gawron, Larson, and Shepherd
Nays: None
MOTION PASSES
2005-103 NEW BUSINESS
A. Resolution for Class C liquor License for Ciqgzree Morris. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To hold a public hearing on the request for a Class C
Liquor License for Ciggzree Morris and approve the resolution. The Liquor
Control Code allows for additional liquor licenses within Downtown
Development Authority Districts under certain conditions.
FINANCIAL IMPACT: Approval of the Liquor License will allow for a new
restaurant in the downtown area which should result in increased revenue for
the City.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution.
COMMIITEE RECOMMENDATION: The Downtown Development Authority
approved the request on November 2, 2005.
Motion by Vice Mayor Larson, second by Commissioner Gawron to approve the
resolution for a Class C Liquor License for Ciggzree Morris.
ROLL VOTE: Ayes: Warmington, Gawron, Larson, Shepherd, and Spataro
Nays: None
MOTION PASSES
B. Defined Contribution Retirement Plan for New Hires (fire. Non-Union).
FINANCE
SUMMARY OF REQUEST: The City Commission has previously approved a
contract with the firefighters union that includes provision for new hires to be
members of a defined contribution retirement program in lieu of membership in
the defined benefit police and fire retirement system. The new fire DC plan calls
for a fixed city contribution of 10% and an employee contribution of 6% of
wages. Present employees may also join the DC plan on an elective basis
during a window period. We are also recommending at this time
implementation of a similar plan for new non-union employees. The outline of
the program is the same except for lower contribution rates (6% city; 3%
employee) reflecting the fact that these employees are covered by social
security (fire employees are not). Approval of the resolutions and ordinance
amendments is the final step in putting in place the mechanics of these new
programs.
FINANCIAL IMPACT: Moving to a defined contribution plan will help stabilize and
better define the City's annual pension costs. We are negotiating similar
arrangements for other employee groups.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Approval.
Motion by Spataro, second by Gawron to approve the defined contribution
retirement plan for new hires (fire, non-union).
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, and Warmington
Nays: None
MOTION PASSES
C. Agreement between Nutritional Services for Older Americans. Inc.
(NSOA) and the City for the Use of McGraft Park Community Building.
ASSISTANT CITY MANAGER
SUMMARY OF REQUEST: Staff recommends that the Mayor signs a one-year
agreement with Nutritional Services for Older Americans, Inc. for the use of the
Community Building at McGraft Park. The agreement calls for the City to
provide Nutritional Services for Older Americans with the amount of $8,317 for
support staff time to offer recreation and wellness services for seniors at McGraft
Park. Nutritional Services for Older Americans will in turn pay the monthly fee of
$200 for the use of the facility.
FINANCIAL IMPACT: McGraft Part: $8,317.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval.
Motion by Vice Mayor Larson, second by Commissioner Shepherd to approve
the agreement between Nutritional Services for Older Americans, Inc. and the
City of Muskegon for the use of McGraft Park Community Building.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, and Warmington
Nays: None
MOTION PASSES
D. Sale of Buildable Vacant Lot at 445 Marquette. PLANNING &
ECONOMIC DEVELOPMENT
ITEM REMOVED BY STAFF REQUEST.
2005-104 ANY OTHER BUSINESS: Various comments were heard.
2005-105 PUBLIC PARTICIPATION: Bill Craner spoke reference 590 Catherine.
Motion by Commissioner Spataro, second by Vice Mayor Larson to allow Mr.
Craner up until Friday, November 18, 2005, to file for a consent judgment for 590
Catherine which would include placing $5,000 in escrow and to negotiate a
timeline for completion.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, and Warmington
Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 6:21 p.m .
Respectfully submitted,
Ga~ns~~f
City Clerk
Date: November 8, 2005
To: Honorable Mayor and City Commissioners
From: Gail Kundinger, City Clerk
RE: Resolution for Charitable Gaming License
SUMMARY OF REQUEST: Lakeside Business Association is
requesting a resolution recognizing them as a non-profit organization
operating in the City for the purpose of obtaining a gaming license.
They would like to hold a raffle in connection with the Holiday's in
Lakeside event on Saturday, December 3, 2005.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
Nov. 1, 2005
Dear City Council Members,
On behalf of the Lal~eside Business Association I am
requesting a permit to hold a raffle in connection with our
Holiday's in Lal~eside event on Saturday December 3, 2005 from
1Oam - 5pm. We would be raffling a basket filled with items
donated by the Lal~eside businesses. The ticl~ets would be sold
prior to and during this event with the drawing being held
Saturday Dec.3 rd at approximately 5:30pm. The proceeds from
the raffle will be donated to the Lakeside Neighborhood
Association and Mission for Area People. If more information is
needed I can be reached at Turtle Bay Gallery 755-0685. Thanl~
you for your consideration.
Sincerely,
/)
{;{/n~ t
'
/hC) l_jffh
Amy Couch Smith
Committee Chairperson,
Holidays in Lal IPROVAI./DfSAPPRO'Ik\1.
APPROVAL DISAPPROVAL
Yeas: 5 Yeas:
Nays: 0 Nays:
Absent: 2 Absent:
I hereby certify that the foregoing is a true and complete copy of a resolution offered and
adopted by the Muskegon City Commission at a Regular
TOWNSHIP, CITY, OR VILLAGE COUt«:llJSOARD REOULAA OR SPECIAL
meeting held on November 8, 2005 , .
SIGNED: ~U'~
·~~~ -R-Y
III~E
~--- TOWNSHIP, CITY. OR CLERK
Ga i 1 A • ,K u n d :i n g e r , MM C , Ci ty c 1 e r lc
PRINTED NAME AND TITLE
9 3 3 Terrace, Mu s kegon, MI 494 40
ADDRESS
COMI'li:TION: Requit..t.
PENALTY: Po..lblt den ill af appliuiUon.
Commission Meeting Date: November 8 2005
Date: October 26, 2005
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department C/6C
RE: Policy change to "Policy for Sale of City-Owned
Residential Property''
SUMMARY OF REQUEST:
To approve the change to the "Policy for Sale of City-Owned Residential Property" definition
of "commence construction" stating that at least 75% of the dwelling be completed as
opposed to 25%.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the Clerk to sign
said resolution.
COMMITTEE RECOMMENDATION:
The Land Reutilization Committee recommended approval of the policy change at their
regular meeting of October 25, 2005
10/26/05
RESOLUTION NO. 2005 -1 o1 (c)
MUSKEGON CITY COMMISSION
RESOLUTION TO ADOPT AN AMENDMENT TO THE "POLICY FOR SALE OF CITY-
OWNED RESIDENTIAL PROPERTY"
WHEREAS, the City of Muskegon owns many lots and wishes to sell these lots, and;
WHEREAS, the City of Muskegon would like to change the definition of"Commence
Construction" from 25% to 75%;
NOW, THEREFORE, BE IT RESOLVED that the City Commission hereby adopts the
following policy amendment:
(to be changed on page 1 )
1
"Commence Construction" means that a buyer has been issued a residential building
per.m.it by the City of ~u~~n ~~o ~!n th~ sole opinio~ of the City of Muskegon's Building
Off1c1al) that at least gy~_O.W"-f v,JR!r~_t(ij'~ of the dwelling has been completed.
Adopted this 81h day ofNovember, 2005.
Ayes: Shepherd, Spa taro, Warmington, Gawron, and Larson
Nays: None
Absent: Carter and Davis
Attest L Q~r·
Gail A. Kundinger, MMC
City Clerk
CERTIFICATION
2005-lOl(c)
This resolution was adopted at a regular meeting of the City Commission, held on
November 8, 2005. The meeting was properly held and noticed pursuant to the Open
Meetings Act ofthe State of Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By: - +~
- a-i=I ~9u=. _nd-'r-:i~
,.:. . :A=.
City Clerk
-·'g-=er=,=M.,M. o.c=.: .:O~.LJ=:..:·
--
10105
City of Muskegon
Policy for Sale of City-Owned Residential Property
Objective
The City of Muskegon (the City) wishes to expand its residential tax base while simultaneously
alleviating itself of the significant cost burden associated with year-round maintenance of vacant lots.
The City reserves the right to join and split lots to assist with this process. All property will be sold as
is. All sales are subject to City Commission approval.
Pursuant to the above, the City will periodically implement neighborhood marketing strategies.
Elements of this policy may be superceded by a marketing strategy, if said strategy is approved by the
City Commission as an exception to this policy, and only while said strategy is being utilized to market
properties identified by the strategy.
Non-Buildable Lots/Marginal Lots
• Non-Buildable lots are defined as lots that are insufficient in size or configuration for new
construction under the Zoning Ordinance. Marginal lots are defined as residential lots that are
between 50 and 60 feet of frontage, however it would not be in the best interest of the
neighborhood to create increased density, or would create buildable lots for adjoining property
owners. These lots may only be sold to adjacent property owners; neighborhood organizations; or
valid non-profit agencies, to expand/improve or beautify existing property. In the event that both
adjacent owners seek to purchase a property, the City shall divide the property in the most
equitable manner. Factors considered before approvals of property sales include but are not limited
to the following:
o Amount of existing property owned by interested parties
o Current upkeep of existing property owned by interested parties
o Evidence of unresolved zoning issues.
o Unpaid environmental invoices or delinquent property taxes.
These lots will be sold for $1.
Buildable Lots
Buildable lots are defined as lots oflegal record which are suitable in size and configuration under the
Zoning Ordinance, for the construction of single-family homes, and may only be sold for such a
purpose. As a condition of sale, structures built on these properties must be owner occupied for a
minimum of5 years. The buyer must 1commence construction within IS months of the date of
purchase, or the property will revert back to the City's ownership, free and clear of any claim of the
buyer. Buyers requiring frontage of 130' or more must build homes with a minimum of2,500 square
1
"Commence Construction" means that a buyer has been issued a residential building permit by the
$;.lt~,?t~~~\jg.Rc.:nd-~.l!:o (in the sole .opinion of the City of Muskegon's Building Official) that at least
~1!16!!DJY~l!X!f!Ri!.t!t4!J!~'tS$) of the dwelling has been completed.
0:\Planning\COMMON\Property\Policy and Procedures\Policy\Propcrty Sale Policy Oct 05.doc
10105
feet of living space and go before the Land Reutilization Committee (LRC) for a recommendation. All
structures must confonn to all City building and zoning requirements. These lots shall be sold for
market value.
Home Design
Any person wishing to purchase land from the City for the purposes of constructing a single
family or duplex structure (in areas zoned for duplexes) shall adhere to the following standards:
I. The structure shall have a minimum of 1,260 square feet of usable living space per unit
(excluding all basement area).
2. The roof of the structure shall have a minimum pitch of 5/12, that is, for every twelve
inches (12") oflateral run, the roof shall rise five inches (5").
3. A single-story home shall have a variable roof line on the front elevation (e.g. gable,
dormer or offset).
4. The building design shall be approved by the City and shall include at least two of the
following:
a. A covered front porch with design amenities (e.g., decorative railing). (potential
$300 lot credit)
b. A picture or bay window in the front elevation. (potential $500 lot credit)
c. A starburst or other siding design features in roof gables or over doorways or
windows. (potential $200 lot credit)
d. Shutters or other ac«eptable outdoor window treatments (potential $100 lot
credit)
e. Brick or stone accents in the front elevation (potential $1,000 lot credit)
f. Decorative windows (potential $200 lot credit)
5. A second story may be a potential $2,000 lot credit but may not be included as one of
the two required design elements.
6. A "stick-built" home may be a potential $2,000 lot credit but may not be included as
one of the two required design elements.
7. In no case shall the total number of credits amount to more than $2,500.
8. The house shall have a garage or at least an 8 foot x 8 foot painted or vinyl covered
wood storage shed constructed as per City requirements for sheds.
9. All bedrooms shall have at least one hundred (I 00) square feet oflivable floor area.
2
10105
I 0. At the time the building penni! application is submitted, the plot plan and building
design will be reviewed to determine compliance with all requirements ofthis policy.
11. Removal of existing trees shall be approved by zoning staff prior to lot clearing. Trees
shall only be taken to accommodate the structure and driveway. A performance
guarantee may be required of the owner or contractor for tree protection.
12. At least two (2) shade trees shall be provided on site of at least two and one-half (2.5")
inches in diameter four feet from the ground. Preservation of existing trees may be
considered in lieu of this requirement.
13. The lot shall be established with appropriate grass, ground cover or other plantings
within one year of occupancy or the city may arrange for such planting and bill the
owner.
The aforementioned conditions and credits shall be incorporated into a sales contract between
the city and the buyer.
Large Blocks of Land
This type of lot is defined as contiguous property that would allow for the construction of a minimum
of 3 single-family residential structures. It is the preference of the City that these lots be sold as a
single parcel to individuals with the means to develop the land for multiple single family units or
multi-family units such as townhouses, site condos; and the like. Development must conform to either
Single Family or Multiple Family building/zoning requirements. All interested parties must comply
with preliminary site review requirements as determined by the Zoning Administrator.
Process for Purchasing Land
The procedure for purchasing city-owned property can be found in a brochure produced by the
Planning Department, entitled "Purchase of City-Owned Residential Property".
Recording of the Deed
All property sales must be recorded with the Muskegon County Register of Deeds. This is the sole
responsibility of the buyer. All sales will be handled as quit claim deeds.
Closing Costs
All closing costs will be split between the buyer and the seller.
Property Survey
All costs and activities associated with a survey are the sole responsibility of the buyer.
Environmental
Properties will be sold as is. Any envirorunental analysis is the sole responsibility of the buyer.
3
10/05
Title Evidence/Insurance
Quitting title of tax reverted properties sold and properties spit for minimal amounts such as non-
buildable lots, shall be the responsibility of the buyer.
Financing
Financing the acquisition of City-owned property and subsequent construction (if applicable) is the
sole responsibility of the buyer. Failure to provide proof of adequate financing may be used as a basis
for denial of a sale.
Appeal Procedure
Any denial of a sale can be appealed to the LRC using the appeals procedure as defined by the LRC.
All sales whether appealed or not go before the City Commission for approval before a sale can be
initiated.
Adopted November 8, 2005.
4
TO: Honorable Mayor and City Commissioners
FROM: Engineering
DATE: November 08,2005
RE: Public Hearing
Spreading of the Special Assessment Roll
Park St., Young Ave. to Laketon Ave.
SUMMARY OF REOUEST:
To hold a public hearing on the spreading of the special assessment for Park St., Young Ave. to
Laketon Ave., and to adopt the attached resolution confirming the special assessment roll.
FINANCIAL IMPACT:
A total of $44,739.22 would be spread against the ten - (I 0) parcels abutting the project.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To approve the special assessment roll and adopt the attached resolution.
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
Resolution No. 2 0 0 5- 1 0 2 ( a )
Resolution Confirming Special Assessment Roll
For Park St., Young Ave. to Laketon Ave.
Properties Assessed: See Exhibit A attached to this resolution.
RECITALS:
I. The City Commission determined to create a special assessment district covering the
Properties set forth in Exhibit A attached to this resolution on February 8, 2005, at the
first hearing.
2. The City has reviewed the special assessment roll which purports to levy a special
assessment in the said district, levying on each property a portion of the cost which has
been determined to be appropriate, considering the improvements, the benefit to the
assessed properties, and the policies of the City.
3. The City Commission has received final bids for the construction and/or installation of
the improvements and determines it to be fair and reasonable.
4. The City Commission has heard all objections to the roll filed before or at the hearing.
THEREFORE, BE IT RESOLVED:
I. That the special assessment roll submitted by the Board of Assessors is hereby approved.
2. That the assessments levied may be made in installments as follows: annual installments
over ten (I 0) years. Any assessment that is paid in installments shall carry interest at
the rate of five (5) percent per annum to be paid in addition to the principal payments on
the special assessment.
RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL
FOR Park St., Young Ave. to Laketon Ave.
Continued ...
3. The Clerk is directed to endorse the certificate of this confirmation resolution and the
Mayor may endorse or attach his warrant bearing the date of this resolution which is the
date of confirmation.
This resolution passed.
Ayes: Spa taro, Warmington, Gawron, Larson, and Shepherd
Nays: None
City of~u,egon
By LQ~
G~il A. Kundinger, MMCd
CERTIFICATE
This resolution was adopted at a meeting of the City Commission, held on November 8, 2005.
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.
Further, I hereby certify that the special assessment roll referred to in this resolution was
confirmed on this date, being November 8, 2005.
By Lt1Z::n
Kundinger, ~
Gail A.
·
EXHIBIT A
PARK STREET, LAKETON TO YOUNG
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Park Street between Laketon & Young
PARK ST., YOUNG AVE. TO LAKETON AVE.
MAYOR'S ENDORSEMENT AND \VARRANT
I, STEPHEN J. WARMINGTON, MAYOR OF THE CITY OF MUSKEGON, HEREBY
ENDORSE THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO
THE CITY TREASURER THIS DATE THAT HE SHALL PROCEED TO COLLECT THE
ASSESSMENTS AT THE TIME AND IN THE MANNER SET FORTH ABOVE.
AFFIDA VJT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON)
TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR THE
FOLLOWING:
H-1588 Park St., Young Ave. to Laketon Ave.
THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UN ITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 28th DAY OF OCTOBER 2005.
~ I
SUBSCRIBED AND SWORN TO BEFORE ME THIS
/()r/, DAYOF A'r~/l?~t'r- ,2005.
~~ ~
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES f c2 0-V' b
October 29, 2005
OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE OWNERS ZIPCODE
Property Parcel Number: 24-XXX-XXX-XXXX-XX at PROPERTY ADDRESS & STREET
NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL
Dear Property Owner:
The Muskegon City Commission has previously approved the project described below and will now
consider final confirmation of the special assessment roll:
PARK ST., YOUNG AVE. TO LAKETON AVE.
Public Hearings
A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
NOVEMBER 8, 2005 at 5:30P.M. You are entitled to appear at this hearing, either in person, by agent or
in writing to express your opinion, approval, or objection concerning the special assessment. Written
appearances or objections must be made at or prior to the hearing.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS
CONFIRMED NOVEMBER 8, 2005 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE
CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL (517-334-
6521 ). HOWEVER, UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT,
OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.
The final projected cost of the street improvement portion of the project is $179,000.00 of which
$44,739.22 will be paid by special assessment. If the special assessment is confirmed, your property will
be assessed $2430 based on 100 feet assessable front footage at $24.3 per assessable foot for the
street improvements. In addition, you will be assessed $0 for driveway approach and/or sidewalk
improvements made to your property for a total special assessment cost of $2430 Following are the
terms of the special assessment:
Assessment Period: Ten (10) Years
Interest Rate: 5% per year
First Installment: $243 PER YEAR
Due Date: January 9th, 2006
The total assessment may be paid in full any time prior to the due date shown above
without interest being charged. After this date, interest will be charged at the rate
shown above on the outstanding balance. Assessments also may be paid over a ten
year period in ten equal principal installments. If you pay your assessment in
installments, your annual installment (including interest) will be included as a separate
item on your property tax bill each year. Therefore, if you pay your property taxes
through a mortgage escrow agent, you should notify them of this change. Early
payments may be made at any time and are encouraged.
PLEASE NOTE THAT IF THE ASSESSMENT IS NOT CONFIRMED AT THE PUBLIC
HEARING YOU WILL BE NOTIFIED. IF THE ASSESSMENT IS CONFIRMED, THIS
LETTER WILL REPRESENT YOUR INITIAL BILLING IF YOU WISH TO PAY IN FULL
PRIOR TO THE DUE DATE AND AVOID INTEREST COSTS. OTHERWISE, YOU
WILL AUTOMATICALLY BE BILLED ON AN INSTALLMENT BASIS WITH THE FIRST
INSTALLMENT SHOWN ON YOUR NEXT PROPERTY TAX BILL
If you have any specific questions about the work done please call the Engineering
Department at 231- 724-6707 before the hearing date.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and Application for Waiver of Special
Assessment for financial assistance.
Sincerely,
Mohammed AI-Shatel, P.E.
City Engineer
.(; .,
Q\.L£~d,c ·
'I ; I !
Enclosures
Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I. Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.
II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:
Street and Alley Assessments- Ten (1 0) years equal annual principal payments. For example, if the
amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
described below.
Driveway, Sidewalk, and Approach Assessments- Ten (1 0) years equal annual principal payments
plus applicable interest as described below.
Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money
to complete the project for which you are assessed and has pledged you assessments for repayment of
the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
must pay on the borrowed money plus 1.00%.
Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons/
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:
• Be 65 years or older or be totally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead
being assessed for five (5) years or more.
• Be a citizen of the U.S.
• Have a total household income not in excess of $16,823.00
• Have a special assessment of $300.00 or more.
Under this program the State of Michigan will pay the entire balance owing of the special assessment,
including delinquent, current, and further installments. At the time of payment a lien will be recorded on your
property in favor of the State of Michigan. Repayment to the State must be made at the time the property is
sold or transferred or after the death of the owner(s). During the time the special assessment is deferred
interest is accrued at the rate of 6.00% per year.
IV. Further Information About the Above Programs
Further information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's
Office in City Hall.
V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
CITY OF MUSKEGON
PARK ST, YOUNG AVE. TO LAKETON AVE.- H-1588
CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT
HOUSEHOLD INFORMATION •
.·
Name: Birthdate: Social Security # _ _-_ _-_ _
Spouse: Birthdate: Social Security # _ _-_ _-_ _
Address: Phone: Race:
Parcel# Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
(Please refer to your assessment letter for this information)
Number Living in Household: List information for household members besides owner/spouse here.
Name Birthdate Social Security # _ _-_ _-_ _
Name Birthdate Social Security # _ _-_ _-_ _
Name Birthdate Social Security # _ _-_ _-_ _
Name Birth date Social Security# - -
--:-
. ··.·.•
~
.·· ... --;---c:- ··.
cc --:- cc ·.. ·. •'
..
.. ••
.. INCOME INFORMATION •
·
···.··· .
ANNUAL Household Income: $ Wage earner:
(Must include all household income)
Wage earner:
Wage earner:
\\'age earner:
Total: $
. ..
. . ·. . PROPERTY INFORMATION ... .
Proof Of Ownership: ( ) Deed ( ) Mortgage ( ) Land Contract
Homeowner's Insurance Co: Expiration Date:
Property Taxes: ( ) Current ( ) Delinquent Year(s) Due
(Property taxes must be current to qualify and will be verified by CDBG staff)
. .·.
. .
. :· ·.·
.
... ·.·. OWNER'S SIGNATURE
· ... • • .· ..·
.··
'• .'
.
··· .
Owner's Signature: Date:
By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies
that all information in this application, and all information fumished in support ofthis application, is true and complete to the
best of the Applicant/Owner's knowledge and belief. The property owner's signature will be required prior to the application
being processed. NO APPLICATION WILL BE ACCEPTED AFTER CONFIRMATION
.·.. . . ... . .
.
· FOR OFFICE USE ONLY
APPROVED ( ) DENIED ( ) DATE CENSUS TRACT NO.
SIGNATURE TITLE
COMMENTS/REMARKS
**ATTENTION APPLICANT**
Please see reverse side for instructions on providing proof of income, ownership, and property insurance.
CITY OF MUSKEGON
PARK ST., YOUNG AVE. TO LAKETON AVE.
REQUEST FOR WAIVER OF SPECIAL ASSESSMENT
[Note: You may receive this application several times -Ifyou have already applied, please discard.
Dear Resident:
The City of Muskegon has selected the street abutting your property for repairs. To assist homeowners, who
may have difficulty paying the cost of street repairs, the City offers assessment waivers through the Community
Development Block Grant (CDBG) Program for eligible households and families. lfyou meet the CDBG
program qualifications, the City may pay the street assessment for you to the extent that funds are available.
Application Requirements:
./ Applicants must submit proof that their total household income does not exceed 65% of Area Median
Income (see chart below); Proof of income may include copies of Wage & Tax Statement (W-2's) from the year
2004, pension or other benefit checks, bank statements for direct deposits or agency statements for all household
mcome.
2004
165% MEDIAN HOUSEHOLD INCOME CHART I
FAMILY SIZE INCOME LIMIT
I $27,885
2 31,850
3 35,880
4 39,845
5 43,030
6 46,215
7 49,400
8 52,585
For each extra, add 3,185
./ Applicants must submit proof that they both own and occupy property at the time of application; Land
Contract purchasers must obtain approval of titleholder prior to receiving assistance. Proof of ownership should be
a deed, mortgage, or land contract; proof of occupancy can be a copy of a driver's license or other official
document showing both your name and address .
./ Applicants must submit proof of current property insurance.
Please complete the first four (4) sections of the application on the reverse side of this notice, and retum it, along with
supporting documentation, to: City of Muskegon
Community & Neighborhood Services
933 Terrace Street, 2nd Floor
Muskegon, MI 49440
For further information, please contact this otlice by calling 724-6717, weekdays from 8:30a.m_ and 5:00p.m:
The City resen·es the right to verify all application infhrmation, and to reject any applications that contain fa/s~lied inJormation or insufficient
llocumentation.
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARING
CONFIRMATION OF SPECIAL ASSESSMENT ROLL
SPECIAL ASSESSMENT DISTRICT:
PARK ST., LAKETON AVE. TO YOUNG AVE.
The location of the special assessment district and the properties proposed to be assessed is:
All parcels abutting Park St. from Young Ave. to Laketon Ave.
PLEASE TAKE NOTICE that a hearing to confirm the special assessment roll (previously
scheduled for October 25, 2005) will be held at the City of Muskegon Commission Chambers on
November 8, 2005 at 5:30 p.m.
At the time set for the hearing the City Commission will examine and determine whether to approve
the special assessment roll that has been prepared and submitted for the purpose of said hearing and
for examination by those persons to be assessed. The special assessment roll is on file and may be
examined during regular business hours at the City Engineer's office between 8:00a.m. and 5:00
p.m. on weekdays, except holidays.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR
ASSESSMENT EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL
ASSESSMENT ROLL IS CONFIRMED, YOU WILL HAVE THIRTY (30) DAYS FROM THE
DATE OF CONFIRMATION OF THE ROLL TO FILE A WRITTEN APPEAL WITH THE
MICHIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS
HEARING OR DID SO AT THE PREVIOUS HEARING ON THIS SPECIAL ASSESSMENT
DISTRICT EITHER IN PERSON OR BY AGENT, OR IN WRITING BEFORE OR AT THE
HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE
LOST.
You are further notified that at the first hearing the City Commission determined that the special
assessment district should be created, the improvements made, and the assessments levied. The
purpose of this hearing is to hear objections to the assessment roll and to approve, reject, or correct
the said roll.
PUBLISH: October 29, 2005 Gail Kundinger, City Clerk
ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the
hearing impaired, audiotapes for the visually impaired, etc., for disabled persons who want to attend
the meeting, upon twenty-four hours notice to the City. Contact:
Gail A. Kundinger, City Clerk
933 Terrace Street, Muskegon, MI 49440
(231) 724-6705 or TDD (231) 724-6773
Acct# 643-60447-5267
0:\ENGINEERING\COMMON\2005 PROJECTS MASTER\Projects\PARK ST\Park SA Confirm Notice~revised.doc
RECEIVED
CllY OF MUSKEGON
CITY OF MUSKEGON L FEB 18 2005
Resolution No. 2005-13(b) ENGINEERING DEPARTMENT
Resolution At First Hearing Creating Special Assessment District
For Park St., Laketon to Young
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
1. A hearing has been held on February 8, 2005 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 February 8, 2005, there were 88.03% 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 projes:t 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 Spataro and Warmington 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 approximately 24.25% 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: Warmington, Carter, Davis, Gawron, Larson, Shepherd, Spataro
Nays: None
CITY OF MUSKEGON
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on February 8, 2005.
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 I 976.
CITY OF MUSKEGON
EXHIBIT A
PARK STREET, LAKETON TO YOUNG
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Park Stt·eet between Laketon & Young
SPECIAL ASSESSMENT DISTRICT FOR PARK STREET
EXHIBIT "A"
t
NO SCALE
LAKETON AVE I
r---_:;LAKETON AVE
VACAIFD
,
_JLJ!
ASSESSMENT DISTRICT
H 1588 HEARING DATE NOVENBER 8, 2005
PARK ST.,YOUNG AVE. TO LAKETON AVE.
SPECIAL ASSESSMENT ROLL
DRAPP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
24-131-100-0005-0 491.0 LAKETON AVE ST MARYS CEMETERY PO BOX 4905 MUSKEGON Ml 49444 $22,160.62 $0.00 $22,160.62
24-131-200-0004-0 391.0 LAKETON AVE SHORELINE METAL FA 1880 PARK ST MUSKEGON Ml 49441 $1,866.00 $0.00 $1,866.00
24-131-200-0001-0 1850.0 PARK ST LOVE JASPER 1850 PARK ST MUSKEGON Ml 49441 $6,736.26 $0.00 $6,736.26
24-131-200-0002-0 1880.0 PARK ST SHORELINE METAL FA 1880 PARK ST MUSKEGON Ml 49441 $3,078.90 $0.00 $3,078.90
24-131-200-0003-0 1922.0 PARK ST GREATER MUSK TRA 1922 PARK ST MUSKEGON Ml 49441 $4,478.40 $0.00 $4,478.40
24-290-001-0001-1 1956.0 PARK ST GREATER MUSK TRA 1922 PARK ST. MUSKEGON Ml 49441 $1,847.34 $0.00 $1,847.34
24-290-001-0003-0 1968.0 PARK ST GORAJEC GEORGE 2135 LINCOLN PK DR MUSKEGON Ml 49441 $1,866.00 $0.00 $1,866.00
24-290-001-0005-0 1974.0 PARK ST STATE OF MICHIGAN 430 WEST ALLEGAN F LANSING Ml 48922 $0.00 $0.00 $0.00
24-290-001-0006-0 1978.0 PARK ST KITCHEN JAMES JR/M 1164 SANFORD ST MUSKEGON Ml 49441 $839.70 $0.00 $839.70
24-290-001-0007-0 1988.0 PARK ST OLIVAREZ ALEJANDR 3510 W SKEELS RD A MONTAGUE Ml 49437 $933.00 $0.00 $933.00
24-290-001-0008-0 1996.0 PARK ST KIEFT HENRY B 1996 PARK ST. MUSKEGON Ml 49441 $933.00 $0.00 $933.00
11/1/2005 Page 1 of 2
H 1588 HEARING DATE NOVENBER 8, 2005
PARK ST.,YOUNG AVE. TO LAKETON AVE.
SPECIAL ASSESSMENT ROLL
DRAPP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
TOTALS $44,739.22 $0.00 $44,739.22
PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMP1
BOARD OF ASSESSORS
LARRY MILLARD, ACTING DIRECTOR, COUNTY EQU DATE
LAWRENCE SPATARO CITY COMMISSIONER DATE
.,
STEPHEN WARMINGTO CITY COMMISSIONER DATE
11/1/2005
Page 2 of 2
Laketon to Young St. 1300 Linear feet Amount Percentage
(from FY 2005 TIP)
Original Cost Est. 250,000.00
Fed money 159,450.00 63.78%
Local 90,550.00 36.22%
First city letter for special assessment
Street Est 270,000.00
To be billed to property owners 65,481.60 24.25%
Cost per square foot 1300x2 2600 25.19
Billed out linear feet 1900 $34.46
Second city letter for special assessment
Street Actual Cost $179,000.00
Billed out linear feet 1841 $44,739.22
Cost per square foot 1300x2 2600 17.21
Billed out linear feet 1841 $24.30
Suppose to be 24.25% per first letter $43,407.50 24.25%
Over charge of $1,331.72
Third City letter for special assessment
Street Actual Cost $179,000.00
Billed out linear feet 2398 $44,739.22 24.99%
Cost per square foot 1300x2 2600 17.21
Billed out linear feet 2398 $18.66
Suppose to be 24.25% per first letter $43,407.50 24.25%
Over charge of $1,331.72 Overage of .50 cents per linear fo<
True cost at 24.25% 2600 $16.70
Our final proposed special assessment
Street Actual Cost $179,000.00
Billed out linear feet 2398 $43,407.50 24.25%
Cost per square foot 1300x2 2600 16.70
Billed out linear feet 64 2536 $17.12 Minus Young Stand Shelby road
Discounts should be absorbed by City
St. Mary's 75
House in Height.s 57
5-t
Cost per ! 1-'roposea
Cost per linear Cost per linear foot Final Cost per
Linear feet 1st billing foot est 2nd billing linear foot est 3rd billing est Billing linear foot
Linear feet Linear feet Linear feet Linear feet
West side of Park 1300 billed $34.46 billed $24.30 billed $18.66 billed $17.12
St. Mary's 1266 633 $21,815.71 633 $15,382.90 1191 $22,220.35 1191 $20,385.78
Young St. 34 0 0 0 0
city discount 0 0 0 0
East Side of Park 1300 0 0 0 75 $1,283.74
Whittaker Building 626 626 $21,574.46 626 $15,212.79 626 $11,679.21 626 $10,714.94
GMT 339 339 $11,683.30 339 $8,238.24 339 $6,324.69 339 $5,802.50
Shelby Road 30 0 0 0 0
2 Houses 199 247 $8,512.61 247 $6,002.49 247 $4,608.25 199 $3,406.19
House on comer ofKe 51 0 0 0 51 $872.94
State of Michigan Hou 55 55 $1,895.52 55 $941.41
Total 1900 $65,481.60 -
1845
-----
$44,836.43
--------------
---
,_ 2403 $44,832.50 '
----·····-·- .... -
2536 $43,407.50
Trojcc+ AVYouW d.-7o I OOD 17"1 000 177_ ()00 {7'1, ooa
H 1588 HEARING DATE NOVEMBER 8, 2005
,1 wJ,.J
u PARK ST.,YOUNG AVE. TO LAKETON AVE.
SPECIAL ASSESSMENT ROLL
DRAPP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
24-131-100-0005-0 491.0 LAKETON AVE ST MARYS CEMETERY PO BOX 4905 MUSKEGON Ml 49444 $22,160.62 $0.00 $22,160.62
24-131-200-0004-0 391.0 LAKETON AVE SHORELINE METAL FA 1880 PARK ST MUSKEGON Ml 49441 $1,866.00 $0.00 $1,866.00
24-131-200-0001-0 1850.0 PARK ST LOVE JASPER 1850 PARK ST MUSKEGON Ml 49441 $6,736.26 $0.00 $6,736.26
24-131-200-0002-0 1880.0 PARK ST SHORELINE METAL FA 1880 PARK ST MUSKEGON Ml 49441 $3,078.90 $0.00 $3,078.90
24-131-200-0003-0 1922.0 PARK ST GREATER MUSK TRA 1922 PARK ST MUSKEGON Ml 49441 $4,478.40 $0.00 $4,478.40
24-290-001-0001-1 1956.0 PARK ST GREATER MUSK TRA 1922 PARK ST. MUSKEGON Ml 49441 $1,847.34 $0.00 $1,847.34
24-290-001-0003-0 1968.0 PARK ST GORAJEC GEORGE 2135 LINCOLN PK DR MUSKEGON Ml 49441 $1,866.00 $0.00 $1,866.00
24-290-001-0005-0 1974.0 PARK ST STATE OF MICHIGAN 430 WEST ALLEGAN F LANSING Ml 48922 $0.00 $0.00 $0.00
24-290-001-0006-0 1978.0 PARK ST KITCHEN JAMES JRIM 1164 SANFORD ST MUSKEGON Ml 49441 $839.70 $0.00 $839.70
24-290-001-0007-0 1988.0 PARK ST OLIVAREZ ALEJANDR 3510 W SKEELS RD A MONTAGUE Ml 49437 $933.00 $0.00 $933.00
24-290-001-0008-0 1996.0 PARK ST KIEFT HENRY B 1996 PARK ST. MUSKEGON Ml 49441 $933.00 $0.00 $933.00
11/9/2005
Page 1 of 2
H 1588 HEARING DATE NOVEMBER 8, 2005
PARK ST.,YOUNG AVE. TO LAKETON AVE.
SPECIAL ASSESSMENT ROLL
DRAPP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
TOTALS $44,739.22 $0.00 $44,739.22
PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMP1
BOARD OF ASSESSORS
~~ ;J
IY(RE?,?c~ECTOR,COUNTY
1Vf/t,r
EQU DATE
f~·
LAWRENCE SPATARO
7 ·0
'PCITY COMMISSIONER
/1" 10· 0--&
DATE
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11/9/2005
Page 2 of 2
Commission Meeting Date: November 8, 2005
Date: October 31, 2005
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department c.8C-
RE: Public Hearing for Resolution for Class C Liquor
License for Ciggzree Morris
SUMMARY OF REQUEST: To hold a public hearing on the request
for a Class C Liquor License for Ciggzree Morris and approve the
attached resolution. The Liquor Control Code allows for additional
liquor licenses within Downtown Development Authority Districts
under certain conditions.
FINANCIAL IMPACT: Approval of the Liquor License will allow for a
new restaurant in the downtown area which should result in increased
revenue for the City.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To hold the public hearing and
approve the attached resolution.
COMMITTEE RECOMMENDATION: The Downtown Development
Authority approved the request on November 2, 2005.
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
RESOLUTIONNO. 2005-103(a)
A resolution concerning the issuance of a Development District On-Premise Liquor License
pursuant to Sections 521 of the Liquor Control Code of 1998.
The City Commission of the City of Muskegon hereby RESOLVES:
Recitals
I. Ciggzree Morris has applied for a Development District On-Premise Liquor License for
the premises at 790 Terrace Street.
2. It is required that the Downtown Development Authority and the City Commission
approve the issuance of such license before application may be made to the Michigan
Liquor Control Commission.
3. A hearing was held on November 2, 2005, at a special meeting of the DDA, and the said
hearing was publicly noticed in The Muskegon Chronicle. Public notice was detennined
by the DDA to be suft1cient.
4. A hearing was held November 8, 2005, at the regular meeting of the City Commission.
Notice was deemed satisfactory.
DDA Findings
The DDA found the following facts to be true, based upon the application and the materials
placed before the DDA in the public hearing:
I. The business shall be a full service restaurant, which prepares food on the premises, and
shall be open to the public.
2. The business will be open tor food service not less than ten (I 0) hours per day five (5)
days per week.
3. At least 50% of the gross receipts of the business will be derived from the sale offood for
consumption on the premises. "Food" does not include beer or wine.
4. The business has dining facilities that will seat more than twenty-five (25) persons.
5. The business is located in the Downtown Development Authority's Development
District, which has a population of less than 50,000. The District is duly established
under 1975 PA 197.
6. The DDA, after hearing, has found that the issuance of the license will prevent further
deterioration within the Development District and will promote economic growth within
the Development District.
7. It appears, based upon the showings at the hearing, that the City of Muskegon has issued
all appropriate on-premise licenses that a re available unde r Section 53 1(I) o f the Liquor
Control Code of 1998. Further, the DDA is satisfied , after hearing, that an appropriate
on-premi se escrowed license is no t readil y available in the City of Muskegon, where the
enti re Development District is located. T he DDA has found that such license is not
readily available, taking into account all appropria te economic feasibility factors,
including the fair market value of any such license, which is not detenninable, for the
reason that no such license is available after diligent inquiry by the applicant. Further,
the DDA has considered the size and scope of the proposed operation a nd applicant's
efforts to purchase a license. No sale of any such license has been offered or avai lable.
8. The DDA, after public hearing, held after notice on November 2, 2005, has approved the
issua nce of the said Development District On-Premise license.
NOW, THEREFORE, THE C ITY COMM ISS ION RESOLVES:
T he C ity Commission has reviewed the findings of the DDA and held its own hearing,
and concurs with the findings of the Downtown Development Authority, and approved in
concunence with the Authority th at the C lass C license should be issued to C iggzrce
Monis a t 790 TeiTace Street. The C ity Commission recommends to the Liquor Control
Commission the issuance of the said requested license.
This resolution passed.
Ay~ Wa rmington, Gawron, La r son , Shepherd, and Spataro
Nays None
CITY OF MUSKEGON
By L~~
Gail A. Kundinger, ~v-irviC
City Clerk
CERTIFICATE
This resolution was adopted at a meeting of the City Commission, held on November 8,
2005. The meeting was properly held and noti ced pursuant to the Open Meetings Act of the
State of Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
Date: November 8, 2005
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: Defined Contribution Retirement Plan for New Hires (Fire, Non-Union)
SUMMARY OF REQUEST: The city commission has previously approved a contract with the
firefighters union that includes provision for new hires to be members of a defined contribution retirement
program in lieu of membership in the defined benefit police and fire retirement system. The new fire DC
plan calls for a fixed city contribution of 10% and an employee contribution of 6% of wages. Present
employees may also join the DC plan on an elective basis during a window period.
We are also recommending at this time implementation of a similar plan for new non-union employees.
The outline of the program is the same except for lower contribution rates (6% city; 3% employee)
reflecting the fact that these employees are covered by social security (fire employees are not).
Approval of the attached resolutions and ordinance amendments is the final step in putting in place the
mechanics of these new programs.
FINANCIAL IMPACT: Moving to a defined contribution plan will help stabilize and better define the
city's annual pension costs. We are negotiating similar arrangements for other employee groups.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION : Approval.
COMMITTEE RECOMMENDATION: None.
PARMENTER o-TOOLE
Attorneys at Law
Memorandum
DATE
November 1, 2005
TO:
Tim Paul
FROM:
Linda S. Kaare
RE:
Defined Contribution Plan
Attached documents for City Commission meeting on November 8, 2005.
1. Resolution to Adopt DC plan for Union Firefighters.
(MERS program resolution, Adoption Agreement and Decl. ofT rust attached)
2. Resolution to Adopt DC plan for Non-Union Police and Fire Employees.
(MERS program resolution, Adoption Agreement and Decl. ofT rust attached)
3. Resolution to Adopt DC plan for Non-Union General Employees.
(MERS program resolution, Adoption Agreement and Decl. ofT rust attached)
4. Ordinance Amendment to the Police-Fire Retirement System.
(Excludes union firefighters and non-union police and fire employees)
5. Ordinance Amendment to the General Employee Retirement System.
(Excludes non-union general employees)
G:\EDSI\FILES\001 00\1928\MEMO\CH2993.00C
RESOLUTION# 2005-103(b 1 )
RESOLUTION TO ADOPT MERS DEFINED CONTRIBUTION PLAN
FOR UNION FIREFIGHTERS
WHEREAS, it has been discussed and negotiated with the Firefighters Local 3 70 that a defined
contribution money purchase plan should be adopted for the union members in lieu of continuing
the Defined Benefit Plan for new hires effective January l, 2005; and,
WHEREAS, if has further been discussed and negotiated that current union members will be
given a one time, irrevocable opportunity to convert the greater of their employee contributions,
and the present value of their accrued benefit, disregarding vesting, in the City's Defined Benefit
Plan, and transfer the corresponding lump snm dollar present value to the defined contribution
plan to the credit of the transferring member by January I, 2006, and
WHEREAS, the City desires to adopt the defined contribution money purchase plan through
MERS (with ICMA being the current Third Party Administrator administering the plan);
NOW, THEREFORE, BE IT RESOLVED that the City Commission deems it in the best interest
of the City and the Firefighters Local370 to adopt a defined contribution money purchase
retirement plan ("Plan") in the form of the MERS and ICMA documents, effective January 1,
2005. The Plan shall be maintained for the exclusive benefit of eligible employees and their
beneficiaries, those eligible employees being members of the Muskegon Firefighters Local 370.
Relevant provisions related to the plan are as follows:
All Local370 employees hired on and after January l, 2005 are mandatory participants in
the Plan.
The City will contribute 10% of the eligible participant's Medicare taxable W-2
compensation each year and the eligible participant must contribute 6% of his or her
Medicare taxable W-2 compensation.
Employees will become vested in the City's 10% annual Plan contributions under a five-
year graded vesting schedule with credit given for all years of service since hire with the
City, i.e.,
Full Years of Service Vesting Percentage
< l year 0%
1 year 20%
2 years 40%
3 years 60%
4 years 80%
5 years 100%
Additional relevant provisions related to the plan and transfers to the plan are as follows:
Existing Local 370 employees may make a one time, irrevocable, election to transfer the
greater of the employee's contributions to the City ofMuskegon's Defined Benefit Plan,
and the lump sum dollar present value, disregarding vesting, ofthe individual's accrued
benefit in the City of Muskegon's Defined Benefit Plan (accrued benefit disregarding
vesting) payable at their normal retirement date as a life annuity, to the Plan prior to
January I, 2006. If the defined benefit plan participant is eligible to receive an
immediate benefit, the transfer will be based upon the present value of the individual's
accrued benefit payable immediately as a life annuity.
Defined benefit plan participants shall have until November 15, 2005 to elect, in writing,
to transfer. Failure to elect to transfer to the Plan constitutes a refusal to transfer. Upon
an election to transfer to the Plan, that employee's participation in the defined benefit
plan terminates effective December 17, 2005. Assets shall be transferred as soon as
possible with values, specified above, as of December 31, 2005. Contributions will
commence in the Plan with the pay period commencing December 18, 2005, with the first
contribution occurring in January 2006. The Finance Director will work with MERS to
develop any additional, detailed procedures and deadline dates for the transfer to the
Plan.
BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized to execute the MERS
Revised Uniform Defined Contribution Program Resolution and the MERS Uniform Defined
Contribution Program Adoption Agreement, copies of which are attached to this resolution along
with the approved Declaration of Trust.
BE IT FURTHER RESOLVED that the City has investment direction under the Plan only for
unvested employer contributions; each individual participant personally directs the investment
for his/her account balance, including all employer contributions, which vest in the participant
under the employer vesting schedule
Adopted this _8_day of November , 2005.
Ayes: Gawr on 1 Larson 1 Shepher d 1 Spataro, and Warmington
Nays: None
Absent: Carter and Davis
CERTIFICATION
(Adoption of defined contribution plan for union firefighters)
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan, at a regular
meeting held on November ~. 2005.
L Q - -··-- - ---·
Gail A. Kundinger, lVfi'AC
Clerk, City of Muskegon
MERS REVISED UNIFORM DEFINED CONTRIBUTION
PROGRAM RESOLUTION
WHEREAS, the MERS Plan Document of 1996, effective October I, 1996, authorized a
defined contribution option (Section 19A, Benefit Program DC) as a new benefit program that a
participating municipality or court may adopt for MERS members to be administered under the
discretion of the Municipal Employees' Retirement Board as trustee and fiduciary, directly by (or
through a combination ol) MERS or MERS' duly-appointed third-party administrator.
WHEREAS, as a new provision, Section 19A, along with the remainder of the Plan, received
from the Internal Revenue Service a Letter of Favorable Determination (dated July 8, 1997) that the
Plan is a qualified Plan under Section 401 of the Internal Revenue Code, and an exempt trust under
Section 501.
WHEREAS, on May 5, 1997, the Municipal Employees' Retirement Board entered into an
Alliance Agreement with ICMA-RC (the International City Management Association Retirement
Corporation) as third-party administrator for the defined contribution plans under Plan Document
Section 19A.
WHEREAS, on November 14, 2001, following MERS' due diligence search and review, the
Retirement Board and ICMA-RC entered into the Amended and Restated Alliance Agreement (the
"2001 Alliance Agreement") (Attachment I) for third-party administrator services. Participating
employees of MERS' municipalities and courts adopting Benefit Program DC receive enhanced
services and favorable decreased participant fees under the 2001 Agreement. Additionally, such
services and fees shall also be available where the participating municipality or court adopting Benefit
Program DC has in effect (or subsequently establishes) an IRC section 457 deferred compensation plan
or section 40 I (k) plan. Approval of this Revised Uniform Resolution by each MERS participating
municipality and court which adopts or has adopted MERS Benefit Program DC is necessary and
required in order that the benefits available under the 200 I Alliance Agreement may be extended to
covered participants.
WHEREAS, this Revised Uniform Resolution has been approved by the Board under the
authority of 1996 PA 220, Section 36(2)(a), MCL 38.1536(2)(a), declaring that the Retirement Board
"shall determine ... and establish" all provisions of the retirement system. Under this authority, the
Board authorized Section 19A, the Defined Contribution Benefit Program, which shall not be
implemented unless in strict compliance with the terms and conditions of this Revised Resolution.
• It is expressly agreed and understood as an integral and nonseverable part of this Revised
Resolution that Section 43B of the Plan Document shall not apply to this Revised Uniform
Resolution and its administration or interpretation.
• In the event any alteration of the terms or conditions stated in this Revised Uniform
Resolution is made or occurs, under Section 43B or other plan provision or other law, it is
expressly recognized that MERS and the Retirement Board, as sole trustee and fiduciary of
the MERS Plan and its trust reserves, and whose authority is nondelegable, shall have no
obligation or duty: to administer (or to have administered) the Defined Contribution Benefit
MERS DC Adoption Resolution 11/14/01 Page l of 6 pages
Program; to authorize the transfer of any defined benefit assets to the Defined Contribution
Benefit Program; or to continue administration by the third-party administrator or by MERS
directly.
WHEREAS, concurrent with this Revised Resolution, and as a continuing obligation, this
governing body has completed and approved, and submitted to MERS documents necessary for
adoption and implementation of the MERS Benefit Program DC. This obligation applies to any
documents deemed necessary to the operation of the defined contribution program by MERS' third-
party administrator.
NOW, THEREFORE, BE IT RESOLVED that the governing body adopts (or readopts)
MERS Benefit Program Defined Contribution as provided below.
I. NEW EMPLOYEES
Effective _J_a_n_u_a_r---=-y_1_ _ _, 20~, (to be known as the ADOPTION DATE), the
_ _ _ _ _C"-~=-·_,t-"-y---"o"'f'-::-'M~u""s~k"'""e-"'g-':o"'n':-:---,-------:-------- hereby adopts Benefit Program
(MERS municipality/court)
DC (as set forth in the MERS Uniform Defined Contribution Program Adoption Agreement) for
Members of Muskegon Firefighters Local 370 (specifyemployees/division#s)
first hired on and after the Adoption Date, and optional participation for any employee or officer of
this municipality otherwise eligible to participate in MERS under Sections 2B(3)(a) and 3(3) of the
Plan Document who has previously elected to not participate in MERS. ONLY THOSE
EMPLOYEES ELIGIBLE FOR MERS MEMBERSHIP (SECTIONS 2B(3) AND 3 OF THE
PLAN DOCUMENT) SHALL BE ELIGIBLE TO PARTICIPATE.
(A) CONTRIBUTIONS shall be as allowed and specified in the Adoption Agreement
(Attachment 2, completed and approved and a certified copy submitted to MERS
concurrent with and incorporated by reference in this Resolution) subject to the
provisions of MERS Plan Document: Section 19A(2) that employer contributions shall
be in any percentage of compensation from I% to the maximum allowed by the Internal
Revenue Code, in increments of 0.1 %; and Section 19A(3), under which an employee
member may voluntarily contribute additional amounts to the extent allowed by the Code.
(H) EARNINGS under the Adoption Agreement shall include items of "Compensation" under
Section 2A(6) of the MERS Plan Document, being the Medicare taxable wages reported on
the member's W-2 statement.
(C) VESTING shall be as allowed and specified under:
(I) Plan Section 19A(I2), whose text is set out in Section II(G) of this Revised
Resolution: and
(2) the Adoption Agreement.
STOP If cm>ering new employees only, skip II a111l go to III on page 5. STOP
MERS DC Adoption Resolution 11/14/01 Page 2 of 6 pages
II. OPTIONAL PROVISION FOR CURRENT MERS MEMBERS WHERE DC
PROGRAM FOR NEW EMPLOYEES ESTABLISHED (PLAN SECTION 19A(8)-(ll))
THIS OPTIONAL PROVISION SHALL ONLY BE SELECTED
WHERE THE TOTAL FUNDED PERCENT OF AGGREGATE
ACCRUED LIABILITIES AND VALUATION ASSETS OF ALL
RESERVES SPECIFIED IN TABLE II (OR SUCCESSOR TABLE)
OF THE MOST RECENT MERS ANNUAL ACTUARIAL
VALUATION REPORT IS AT LEAST SIXTY PERCENT (60%).
IT IS ADDITIONALLY RESOLVED, as provided in each of the following paragraphs:
(A) Effective on the Adoption Date, pursuant to Plan Section 19A(8)(b) all current MERS
defined benefit members who are members of the same employee classification described
in Section I above on the Adoption Date shall:
THE GOVERNING BODY SHALL
SELECT ONLY ONE OF THE FOLLOWING
where vested under this municipality's MERS vesting program (10, 8, or 6 years)
where the employee has at least the following number of years of credited service for
this municipality on Adoption Date: (insert whole number less than
vesting program)
without regard to vesting
be offered the opportunity to irrevocably elect coverage under Benefit Program DC, under
the detailed procedures specified in Plan Section 19A(9)-(ll ).
(B) For each eligible employee, an oppmtunity to irrevocably elect to participate in Benefit
Program DC shall be offered. Section 19A(9) specifies an employee's written election to
participate shall be filed with MERS: (a) not earlier than the last day of the third month
after this Resolution is adopted and received by MERS; and (b) not later than the first day
of the first calendar month that is at least six months after MERS receives this Resolution.
This means each eligible employee will have about 90 days to make the decision.
After MERS receives this Resolution, this governing body's authorized official and eligible
employees will be advised by MERS of the election window timelines and other
information to consider in making the irrevocable decision whether to participate in Benefit
Program DC.
(C) Participation for those electing coverage shall be effective the first day of the first calendar
month at least seven (7) months after MERS' receipt of the Resolution, here designated as
being the month of , 20_ _, (insert month and year) which shall
be known as the "CONVERSION DATE."
MERS DC Adoption Resolution 11/14/01 Page 3 of 6 pages
(D) The opportunity for current employees on the Adoption Date to participate in the DC
Program shall:
THE GOVERNING BODY SHAIJL
SELECT ONLY 0 NE OF THE FOLLOWING
apply to all employees who separate from or terminate employment with
this municipality after the Adoption Date and before the Conversion
Date, so long as the employee does not receive a retirement allowance
from MERS based on service for this municipality.
not apply to any employee who separates from or terminates
employment with this municipality after the Adoption Date.
(E) CONTRIBUTIONS shall be as provided in Section I (A) above.
(F) EARNINGS shall be as provided in Section I (B) above.
(G) VESTING shall be as provided in Section I (C) above, and participants shall be credited,
on participant written request and MERS' verification of such service, with all eligible
service, if any, specified in Plan Section 19A(12) which states:
Where a member has previously acquired in the employ of any participating municipality or
participating court:
(a) not less than I year of defined benefit service in force with a participating municipality
or participating court;
(b) eligible credited service where the participating municipality or participating court has
adopted the Reciprocal Retirement Act, 1961 PA 88;
(c) at least 12 months in which employer contributions by a participating municipality or
participating court have been made on behalf of the member under Benefit Program
DC,
such service shall on the member's written request to the employer and MERS' verification of
such service be applied toward satisfying the vesting schedule for employer contributions.
This requirement shall apply to all adoptions of Benefit Program DC on and after October I,
2000; where previously adopted, the participating municipality or participating court may
adopt this subsection (12) with full effectiveness as of the original defined contribution
adoption date for the employer division involved.
(H) For each employee irrevocably electing to participate in Benefit Program DC, then under
Plan Section 19A(Il), MERS shall transfer to the member's credit (as adjusted through
MERS' records to the Conversion Date) the greater of:
(I) The member's accumulated contributions; or
(2) The actuarial present value (as determined in Paragraph (I) below).
The transfer shall be made approximately 30 calendar days after the Conversion Date, and
the transfer amount shall include pro-rated regular interest at the regular Board-established
MERS DC Adoption Resolution 11114/0 I Page 4 of 6 pages
rate of (currently four percent (4%)) measured from the Conversion Date to the actual
transter date.
(I) Per Plan Section 19A(ll)(b), the Retirement Board has established the assumptions for
calculation of the actuarial present value of a member's accrued benefit that may be
transferred. The assumptions are:
(I) The interest rate in effect as of the Adoption Date, to determine actuarial
present value, shall be the Board-established investment earnings rate
assumption (currently eight percent (8.00%)).
(2) The funded level for the member's specific MERS division (total funded
percentage of the present value of accrued benefits and valuation assets of all
reserves) as of the Adoption Date from the most recent MERS annual actuarial
valuation report data provided by MERS' actuary. In the APV calculation, the
funded level used shall be:
THE GOVERNING BODY SHALL
SELECT ONLY ONE OF THE FOLLOWING
_ _ Funded level for the division (not to exceed I 00% funded level).
If greater than the division's funded level but not more than I 00% funded
level, then MERS is directed to compute the funded percentage for the
transfer calculation on % funded basis (insert number not less than
funded level percentage and not more than I 00% ). Where less than I 00% funded
level exists, this governing body recognizes that such direction shall
increase its pension funding liability. MERS shall not implement such
direction unless the governing body forwards to MERS sufficient cash up to
the funded level selected for all members prior to the Conversion Date; if
sufficient cash is not forwarded, then the governing body expressly
covenants with MERS and directs, as a condition of this selection, to
MERS billing and the governing body remitting to MERS all contributions
necessary to fund the unfunded liability occasioned by the aggregate
transfer of the difference between the actual funded level for the division
and funded level directed above over a period of four (4) years.
III. IMPLEMENTATION DIRECTIONS FORMERS BENEFIT PROGRAM DC
THIRD-PARTY ADMINISTRATOR.
(A) The governing body of this MERS participating municipality or court as Employer desires
that MERS Benefit Program DC be administered by MERS' duly-designated third-party
administrator and that some or all of the funds held under such plan be invested in the
TPA's retirement trust established for the collective investment of funds held under the
Employer's retirement, defined contribution, and deferred compensation plans.
(B) The Employer hereby establishes MERS Benefit Program Defined Contribution as
authorized by Section 19A of the Municipal Employees' Retirement System of Michigan
Plan Document, in the form of the third-party administrator's IRS-qualified retirement
trust.
MERS DC Adoption Resolution 11/14/01 Page 5 of 6 pages
(C) The Declaration of Trust (Attachment 2, Appendix A, approved and adopted concurrent
with and incorporated by reference in this Resolution) is operative and applies with respect
to any MERS Benefit Program DC plan or deferred compensation plan previously or
subsequently established by the Employer, if the assets are to be invested in the third-party
administrator's Fetirement trust.
(D) Finance Director (use title of official, not name) shall be the Employer's MERS
Benefit Program Defined Contribution Plan coordinator; shall receive necessary reports,
notices, etc., from the third-patty administrator or its retirement trust; shall cast, on behalf
of the Employer, any required votes under the retirement trust; may delegate any
administrative duties relating to the defined contribution plan to appropriate departments.
(E) The Municipal Employees' Retirement Board retains full and unrestricted authority over
the administration of MERS Benefit Program Defined Contribution, including but not
limited to the appointment and termination of the third-party administrator, or MERS' self-
administration of the defined contribution program in whole or in part.
IV. EFFECTIVENESS OF THIS REVISED RESOLUTION
BE IT FINALLY RESOLVED: This Resolution shall have no legal effect under the MERS
Plan Document until a certified copy of this adopting Resolution shall be filed with MERS, and MERS
determines that all necessary requirements under Plan Document Section 19A, the 2001 Alliance
Agreement, the Adoption Agreement, and this Resolution have been met. All dates for implementation
of Benefit Program DC under Section 19A shall be determined by MERS from the date of filing with
MERS of this Revised Resolution in proper form and content. Upon MERS determination that all
necessary documents have been submitted to MERS, MERS shall record its formal approval upon this
Resolution, and return a copy to the Employer's defined contribution plan coordinator identified in
Section III (D) above.
In the event an amendatory Resolution or other action by the municipality is required, such
Resolution or action shall be deemed effective as of the date of the initial Resolution or action where
concurred in by this governing body and MERS (and the third-party administrator if necessary).
Section 54 of the Plan Document shall apply to this Resolution and all acts performed under its
authority. The terms and conditions of this Revised Resolution supersede and stand in place of any
prior resolution, and its terms are controlling.
I hereby certify that the above is a true c
on November 8 '20Q.L.
Please send MERS fully l'Xccuted copy of: th ution; Part II (Administrative
Sen•ices Agreement) of the 2001 Alliance Agreement; Adoption Agrct'mcnt with Declaration of
Trust anti certified minutes statin governing body appt·ov:tl, and/ot· union contract language.
Received and Approved by the Municipal Employees' Retirement System of Michigan
Dated: _ __ __ _ _ _ _ 2005
(Authorized MERS signatory)
Att.
MERS DC Adoption Resolution 11/14/01 Page 6 of 6 pages
MERS UNIFORM DEFINED CONTRIBUTION PROGRAM
ADOPTION AGREEMENT
The Employer, a participating mllllicipality or participating court within the State of Michigan
that has adopted MERS coverage, hereby establishes a Section 19A, Benefit Program DC to
be known as Union Firefighters DC Retirement Plan
(the "MERS Plan") in the form of the ICMA Retirement Corporation Governmental Money
Purchase Plan and Trust and attached Declaration of Trust of Vantage Trust, as amended and
as authorized by Section 19A of the Mllllicipal Employees' Retirement System of Michigan
Plan Document.
I. EMPLOYER: ____c_i_t~y~o_f__M~u~s_k_e~g7o_n~~~----~---------------
(Name of municipality or court)
II. The Effective Date of the Benefit Program DC shall be the first day of the Plan Year
during which the Employer adopts the Plan, unless an alternate Effective Date is
hereby specified: January 1, 2005
III. Normal Retirement Age shall be age ___5_3__ (not to exceed age 65).
IV. ELIGIBILITY REQUIREMENTS
I. The following group or groups of Employees are eligible to participate in the
Program:
Members of Muskegon Firefighters Local 370
(SpecifY employee classification and division numbers)
2. Only those Employees eligible for MERS Membership (Section 3 of the
MERS Plan) shall be eligible to participate. (A copy of ALL employee
enrollment forms must be submitted to MERS as well as ICMA.)
V. CONTRIBUTION PROVISIONS
I. The Employer shall contribute on behalf of each Participant 1 0 % of
Earnings or $ n/ a for the Plan Year (subject to the limitations of
sections 415(c) and (e) of the Internal Revenue Code). Each Participant is
required to contribute 6 % of Earnings for the Plan Year as a condition
of participation in the Plan. (Write "0" if no contribution is required.)
MERS Benefit Program DC Adoption Agreement I
21211()4
Attachment 2
If Employee contributions are required, an Employee shall not have the right to
discontinue or vary the rate of such contributions after becoming a Plan
Participant.
The Employer hereby elects to "pick up" the Mandatory/Required Employee
contribution. (Allows employee contributions to be made on a pre-tax basis)
Yes D No
[Note to Employer: Picked up contributions are excludable from the
Employee's gross income under Section 414(h)(2) of the Internal Revenue
Code of 1986 only if they meet the requirements of Rev. Rul. 81-35, 1981-l
C.B. 255. Those requirements are (I) that the Employer must specify that the
contributions, although designated as Employee contributions, are being paid
by the Employer in lieu of contributions by the Employee; and (2) the
Employee must not have the option of receiving the contributed amounts
directly instead of having them paid by the Employer to the Plan.
Neither an advisory opinion letter issued by the Internal Revenue Service with
respect to the MERS Plan, nor a determination letter issued to an adopting
Employer, is a ruling by the Internal Revenue Service that Employee
contributions that are picked up by the Employer are not includible in the
Employee's gross income for federal income tax purposes. The Employer may
seek such a ruling.]
2. Each Employee may make a voluntary (unmatched), after-tax contribution,
subject to the limitations of Sections 415(c) and (e) of the Internal Revenue Code.
3. Employer contributions and Employee contributions shall be contributed to the
Trust in accordance with the following payment schedule:
Bi-Weekly
VI. EARNINGS
Earnings shall be the Medicare taxable wages reported on the Employee's W-2
statement.
VII. VESTING PROVISIONS
The Employer hereby specifies the following vesting schedule:
****** SEE NEXT PAGE ******
MERS Benefit Program DC Adoption Agreement 2
2127104
Years of Specified
Service Vesting
Completed Requirements
Zero 0 %
One 2Q %
Two 4Q %
Three 60 %
Four 80 %
Five ] QQ %
Six %
Seven or more 100 %
VIII. Loans are permitted under the Program:
D Yes No
IX. The Plan will accept an eligible rollover distribution from an eligible retirement plan
described in Section 40l(a)(including "40l(k)") or 403(a) of the Code, an annuity
contract described in Section 403(b) of the Code, an eligible deferred compensation
plan described in Section 457(b) of the Code maintained by a state, political
subdivision of a state, or any agency or instrumentality of a state or political
subdivision of a state, or an individual retirement account or annuity described in
Section 408(a) or 408(b) of the Code, including after-tax employee contributions, as
applicable.
Yes D No
X. The Employer hereby agrees to the provisions of the MERS Uniform Defined
Contribution Program and agrees that in the event of any conflict between Section
19A and the MERS Plan, the provisions of Section 19A shall control.
XI. The Employer hereby appoints the ICMA Retirement Corporation as the Plan
Administrator pursuant to the terms and conditions of the Plan.
The Employer hereby agrees to the provisions of the Plan.
XII. The Employer hereby acknowledges it understands that failure to properly fill out this
Adoption Agreement may result in the ineligibility of the Plan in the Benefit Program
DC.
MERS Benefit Program DC Adoption Agreement 3
U27/04
In ~itness Whereof, the Employer hereby causes this Agreement to be executed on this
8 day of November , 20...Q2_.
Employer:
By:
Title:
Attest:
MERS Benefit Prognun DC Adoption Agreement 4
2127/04
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Appendix A
DECLARATION OF TRUST
This Declaration of Trust (the "Group Trust Agreement") is made as of the 19th day of
May 2001, by VantageTrust Company, which declares itself to be the sole Trustee of the
trust hereby created.
WHEREAS, the ICMA Retirement Trust was created as a vehicle for the
commingling of the assets of govermnental plans and govermnental units described in Section
818(a)(6) of the Internal Revenue Code of 1986, as amended, pursuant to a Declaration of
Trust dated October 4, 1982, as subsequently amended, a copy of which is attached hereto and
incorporated by reference as set out below (the "ICMA Declaration"); and
WHEREAS, the trust created hereunder (the "Group Trust") is intended to meet the
requirements of Revenue Ruling 81-100, 1981-1 C.B. 326, and is established as a cormnon
trust fund within the meaning of Section 391: I of Title 35 of the New Hampshire Revised
Statutes Annotated, to accept and hold for investment purposes the assets of the Deferred
Compensation and Qualified Plans held by and through the ICMA Retirement Trust.
NOW, THEREFORE, the Group Trust is created by the execution of this Declaration
of Trust by the Trustee and is established with respect to each Deferred Compensation and
Qualified Plan by the transfer to the Trustee of such Plan's assets in the ICMA Retirement
Trust, by the Trustees thereof, in accord with the following provisions:
I. Incorporation of ICMA Declaration by Reference; ICMA By-Laws. Except as
otherwise provided in this Group Trust Agreement, and to the extent not inconsistent
herewith, all provisions of the ICMA Declaration are incorporated herein by reference
and made a part hereof, to be read by substituting the Group Trust for the Retirement
Trust and the Trustee for the Board of Trustees referenced therein. In this respect,
unless the context clearly indicates otherwise, all capitalized terms used herein and
defined in the ICMA Declaration have the meanings assigned to them in the ICMA
Declaration. In addition, the By-Laws of the ICMA Retirement Trust, as the same
may be amended from time-to-time, are adopted as the By-Laws of the Group Trust to
the extent not inconsistent with the terms of this Group Trust Agreement.
Notwithstanding the foregoing, the terms of the ICMA Declaration and By-Laws are
further modified with respect to the Group Trust created hereunder, as follows:
(a) any reporting, distribution, or other obligation of the Group Trust vis-a-vis any
Deferred Compensation Plan, Qualified Plan, Public Employer, Public Employer
Trustee, or Employer Trust shall be deemed satisfied to the extent that such
MERS Benefit Program DC Adoption Agreement 5
2127104
obligation is undertaken by the ICMA Retirement Trust (in which case the
obligation of the Group Trust shall run to the ICMA Retirement Trust); and
(b) all provisions dealing with the number, qualification, election, term and
nomination of Trustees shall not apply, and all other provisions relating to trustees
(including, but not limited to, resignation and removal) shall be interpreted in a
manner consistent with the appointment of a single corporate trustee.
2. Compliance with Revenue Procedure 81-100. The requirements of Revenue
Procedure 81-100 are applicable to the Group Trust as follows:
(a) Pursuant to the terms of this Group Trust Agreement and Article X of the By-
Laws, investment in the Group Trust is limited to assets of Deferred
Compensation and Qualified Plans, investing through the ICMA Retirement
Trust.
(b) Pursuant to the By-Laws, the Group Trust is adopted as a part of each
Qualified Plan that invests herein through the ICMA Retirement Trust.
(c) In accord with the By-Laws, that part of the Group Trust's corpus or income
which equitably belongs to any Deferred Compensation and Qualified Plan
may not be used for or diverted to any purposes other than for the exclusive
benefit of the Plan's employees or their beneficiaries who are entitled to
benefits under such Plan.
(d) In accord with the By-Laws, no Deferred Compensation Plan or Qualified Plan
may assign any or part of its equity or interest in the Group Trust, and any
purported assignment of such equity or interest shall be void.
3. Governing Law. Except as otherwise required by federal, state or local law, this
Declaration of Trust (including the ICMA Declaration to the extent incorporated
herein) and the Group Trust created hereunder shall be construed and determined in
accordance with applicable laws of the State of New Hampshire.
4. Judicial Proceedings. The Trustee may at any time initiate an action or proceeding in
the appropriate state or federal courts within or outside the state ofNew Hampshire for
the settlement of its accounts or for the determination of any question of construction
which may arise or for instructions.
MERS Benefit Program DC Adoption Agreement 6
2127104
IN WITNESS WHEREOF, the Trustee has executed this Declaration of Trust as of the day
and year first above written.
VANTAGETRUST COMPANY
By:
Name: Paul F. Gallagher
Title: Assistant Secretary
MERS Benefit Program DC Adoption Agreement 7
2/27/04
RESOLUTION# 2005-103(b 2 )
RESOLUTION TO ADOPT MERS DEFINED CONTRIBUTION PLAN
FOR NON-UNION POLICE AND FIRE EMPLOYEES
WHEREAS, it has been discussed that non-union police and fire employees, hired after July 1,
2005, shall participate in a defined contribution money purchase plan in lieu of continuing the
Defined Benefit Plan for new hires; and,
WHEREAS, the City desires to adopt the defined contribution money purchase plan through
MERS (with ICMA being the current Third Party Administrator administering the plan) for the
non-union police and fire employees;
NOW, THEREFORE, BE IT RESOLVED that the City Commission deems it in the best interest
of the City and the non-union police and fire employees to adopt a defined contribution money
purchase retirement plan ("Plan") in the form of the MERS and ICMA documents, effective July
I, 2005. The Plan shall be maintained for the exclusive benefit of eligible employees and their
beneficiaries, those eligible employees being non-union police and fire employees of the City of
Muskegon.
Relevant provisions related to the plan are as follows:
All non-union police and fire employees hired on and after July I, 2005 are mandatory
participants in the Plan.
The City will contribute 10% of the eligible participant's Medicare taxable W-2
compensation each year and the eligible participant must contribute 6% of his or her
Medicare taxable W-2 compensation.
Employees will become vested in the City's 10% annual Plan contributions under a five-
year graded vesting schedule with credit given for all years of service since hire with the
City, i.e.,
Full Years of Service Vesting Percentage
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