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CITY OF MUSKEGON
CITY COMMISSION MEETING
MAY 12, 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:
□ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. 2020 Annual Action Plan Budget Community & Neighborhood
Services
C. Health and Dental Care Renewal Finance
D. ACT 51 Map Changes – Amendment Public Works
E. Tax Incentive Policy and Guidelines Economic Development
F. Parking Enforcement Ordinance Public Safety
G. Temporary Modification to MERS Benefit Provisions Finance
□ PUBLIC HEARINGS:
A. Public Hearing for 2020 Annual Action Plan Community and
Neighborhood Services
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
□ 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.
Page 1 of 2
► 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:
□ 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: May 12, 2020 Title: Approval of Minutes
Submitted By: Ann Marie Meisch, MMC Department: City Clerk
Brief Summary: To approve the minutes of the April 28, 2020 Regular 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 MEETING
APRIL 28, 2020 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
REMOTE MEETING
MINUTES
The Regular Commission Meeting of the City of Muskegon was held
electronically with the Mayor, Vice Mayor and Commissioners participating via
Zoom – a remote conferencing service, Clerk staff present at 933 Terrace Street,
Muskegon, MI at 5:30 p.m., Tuesday, April 28, 2020.
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., Teresa Emory, and
Michael Ramsey, City Manager Frank Peterson, City Attorney John Schrier, and
City Clerk Ann Meisch.
2020-23 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve the minutes of the April 14, 2020 Regular
City Commission meeting.
STAFF RECOMMENDATION: To approve the minutes.
C. Roberts Street – TEDF Application Public Works
SUMMARY OF REQUEST: Staff is requesting authorization to apply for State of
Michigan FY 2022 Transportation Economic Development Category F Grant for a
project to resurface Roberts Street from Barney Avenue north to Laketon
Avenue.
MDOT is requesting applications for FY 2022 projects in the Transportation
Economic Development Category F program. Staff reviewed the program
requirements and feels that Roberts Street is a good fit for the targeted criteria.
The project is estimated to cost $600,000. Staff is proposing to request the
maximum grant amount and provide matching funds of $225,000 towards the
project. In addition, the City will be responsible to pay for Engineering on the
project which is estimated to cost an additional $50,000. If selected these funds
would be allocated from the Major Street budget in FY 21-22 and 22-23.
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A formal resolution of support is not required for TEDF – Category F applications.
AMOUNT REQUESTED: $275,000 FUND OR ACCOUNT: 202-TBD-5346/5355
AMOUNT BUDGETED: $275,000 FUND OR ACCOUNT: 202-TBD-5346/5355
STAFF RECOMMENDATION: Authorize staff to apply for the Category F grant
through the MDOT Transportation Economic Development programs for Roberts
Street between Barney Avenue and Laketon Avenue.
D. Nelson Neighborhood Rezonings – SECOND READING
SUMMARY OF REQUEST: Staff initiated request to rezone multiple properties in
the Nelson neighborhood to Form Based Code, Urban Residential. SECOND
READING.
The Planning Commission unanimously voted to recommend approval to the
City Commission.
STAFF RECOMMENDATION: To approve the rezoning’s in Nelson
Neighborhood as presented.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
to approve the consent agenda as presented, except item B.
ROLL VOTE: Ayes: Gawron, Hood, Ramsey, German, Rinsema-Sybenga, Emory,
and Johnson
Nays: None
MOTION PASSES
2020-24 ITEMS REMOVED FROM CONSENT AGENDA:
B. Beach Paid Parking Project Public Safety
SUMMARY OF REQUEST: Proposal to amend Ordinance 92-71 and 92-73 to
incorporate enforcement of parking violations and fees correlated with the
Beach paid Parking Project. The attached Chapter 92 Traffic & Vehicles
contains current ordinance language. Outlined on the cover page is how the
amended language will be inserted into the existing Article V; 92-71& 92-73.
STAFF RECOMMENDATION: Adopt the amendments to Ordinances 92-71
and 92-73 with additional language to include Beach Paid Parking
Motion by Commissioner Emory, second by Commissioner Johnson, to agree to
amend Ordinance 92-71 & 92-73 with additional language to include Beach
Paid Parking.
ROLL VOTE: Ayes: Hood, Ramsey, Rinsema-Sybenga, Emory, Johnson, and
Gawron
Nays: German
MOTION PASSES
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PUBLIC COMMENT: Public Comments were received.
2020-25 CLOSED SESSION:
A. Pending Litigation
Motion by Vice Mayor Hood, second by Commissioner Rinsema-Sybenga, to go
into closed session to discuss settlement strategy in two POLC and City of
Muskegon matters concerning grievance number 19-95 and 19-96, and FMCS
number 201021-00584.
ROLL VOTE: Ayes: Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
Gawron, Hood
Nays: None
MOTION PASSES
Motion by Commissioner Ramsey, second by Commissioner Emory, to come out
of closed session.
ROLL VOTE: Ayes: Emory, Johnson, Gawron, Hood, Ramsey, German, and
Rinsema-Sybenga
Nays: None
MOTION PASSES
Motion by Commissioner Johnson, second by Commissioner German, to
authorize the City Manager to sign the agreement and release of claims as
discussed in closed session.
ROLL VOTE: Ayes: Rinsema-Sybenga, Emory, Johnson, Gawron, Hood, Ramsey,
and German
Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission meeting adjourned at 6:25 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 12, 2020 Title: 2020 Annual Action Plan Budget
Submitted By: Oneata Bailey Department: Community and Neighborhood
Services
Brief Summary: Please review and approve the 2020 Annual Action Plan Budget for CDBG/HOME
HUD allocations.
Detailed Summary:
2020 Budget Spreadsheet for CDBG /HOME Allocations attached for review.
Approval of CNS 2020 Budget for CDBG/HOME funding and publication for Release of Funds and
Environmental Review process.
Amount Requested: N/A Amount Budgeted: CDBG - $ 994,836
HOME- $ 343,421
Fund(s) or Account(s): Fund(s) or Account(s): HUD 2020 Allocation
Recommended Motion: To approve the 2020 Budget for CDBG/HOME Allocation for CNS and
direct staff to publish for Release of Funds and Environmental Review.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
CDBG Organization/Agency Activity Staff Proposed Staff/CDC Proposed COMMISSION
COM - Finance City Interns $ 5,000.00 $ 5,000.00
COM - CNS CDBG Admin $ 198,967.00 $ 198,967.48
COM - CNS Priority Home Repair $ 190,000.00 $233,885
COM - CNS Services Delivery $ 75,000.00 $ 75,000.00
COM - CNS Residential Façade Program $ 50,000.00 $25,000
COM - Finance Fire Station Bond Repayment $ 251,983.52 $ 251,983.52
COM - Inspections Public Facility/Park $ 68,885.48 $50,000
COM - Inspections Interim Neighborhood Cleanup- Jackson Hill $ 5,000.00 $ 5,000.00
COM - Leisure Services Youth Recreation $ 100,000.00 $ 100,000.00
COM - Planning Econ Development Assistance $ 50,000.00 $ 50,000.00
$ 994,836.00
HOME Organization/Agency Activity Staff Proposed Staff/CDC Proposed COMMISSION
CHDO Allocation Housing Affordable CDHO $ 51,514.00 $ 51,514.00
CHDO Administration Administration $ - $ -
COM - CNS HOME Administration $ 34,342.00 $ 34,342.00
COM - CNS Rental Rehab $ 22,565.00 $ 22,565.00
COM - CNS HOME Rehab Construction $ 135,000.00 $ 135,000.00
COM - CNS HOME Infill/MSHDA Modular Home $ 100,000.00 $ 100,000.00
$ 343,421.00 $ 343,421.00
BOLD‐ restricted percent/amounts
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 12, 2020 Title: Health and Dental Care Renewal
Submitted By: Beth Lewis Department: Finance
Brief Summary: To approve the renewal of Priority Health as the City’s fully insured health care
provider and the Third Party Administrator for City’s self-funded health care plan. And to renewal
Delta Dental as the City’s dental insurance provider.
Detailed Summary: The City’s health care coverage renews effective June 1, 2020, for the period
June 1, 2020 to May 31, 2021. This year’s Priority Health renewal premium came in with no
increase over last year. Last year our increase was 0.03% and the year before it was 7.64%. The
employees copay will remain at 14%. Our employer contribution will remain below the “hard cap
limits” set by PA 152.
For 2020-21 the City will continue to pay the HRA deductible if the employee and spouse complete
the wellness requirements by March 31st. Non-participants in the wellness program will be
required to pay the $1,000 for single coverage or $2,000 per double or family coverage of the
deductible.
Our Delta Dental rates will remain the same of FY 2020-21 and FY 2021-22. The annual fee is
$206,292.
Attached is the hard cap limits calculation and the outline of our renewal rates.
Amount Requested:$2,681,625 Amount Budgeted: $2,681,625
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approval the renewal of Priority Health as the City’s fully insured health
care provider and Third Party Administrator for the self-funded health care for 2020-21.
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: May 12, 2020 Title: ACT 51 Map Changes (Amendment)
Submitted By: Joel Brookens Department: Public Works
Brief Summary:
Staff is requesting authorization to approve amended letter for the addition of streets on the MDOT
ACT 51 Map.
Detailed Summary:
Staff received feedback from the State of Michigan in regards to the MDOT ACT 51 resolutions
that we sent them in April 2020. They have requested that we add the centerline description to the
two (2) streets that we are adding to the map.
Attached is a new letter listing the centerline description of Terrace Marina Drive and Murphy
Street, as well as a map/image showing the road that is being added to the ACT 51 map.
Staff is asking for approval of the added verbiage and will need a signed Street Add Certification
form to submit to MDOT in order to complete changes.
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion:
Approve centerline descriptions and sign Street Add Certification to submit to MDOT, so changes
can be completed.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
MDOT ACT 51 MAP CHANGES
(City of Muskegon)
STREET ADD CERTIFICATION
At a regular meeting of the City Commissioners of Muskegon, Michigan, held at the city hall on May 12, 2020, the
following AMENDMENT to City of Muskegon City Commission Resolution #2020-17E was supported.
Under the heading “NOW THEREFORE IT IS RESOLVED”, add the following:
5. Whereas the center line description distance was obtained by physically measuring, via a measuring
wheel, the center line of said streets:
Terrace Marina Drive was measured by starting at the stated end point and measuring along the
center line to the actual end point, a distance of 417 feet.
Murphy Street was measured by starting at the stated end point and measuring along the center
line to the center of Yuba Street, a distance of 95 feet.
Resolution duly adopted.
(Date)
(City/Village Clerk)
Certified to be a true copy,
(Date)
(City, Village Clerk)
MDOT ACT 51 MAP CHANGES
(City of Muskegon)
STREET ADD CERTIFICATION
At a regular meeting of the City Commissioners of Muskegon, Michigan, held at the city hall on March 24, 2020,
the following resolution was offered by member , and supported by
member .
Whereas the City of Muskegon does wish to add Murphy Street and Terrace Marina Drive
as shown in the attached construction documents. The total addition length for Murphy
Street is 95 feet and the addition to Terrace Marina Drive is 417 feet. And whereas it is
necessary to furnish certain information to the State of Michigan to place this street within
the City Street System for the purpose of obtaining funds under Act 51, P.A. 1951 as
amended.
NOW THEREFORE IT IS RESOLVED:
1. That the construction documents, attached, accurately represent the construction of said street.
2. That said street is located within a City right-of-way and is under the control of the City of Muskegon.
3. That said street is a public street and is for public street purposes.
4. That said street is accepted into the municipal street system and is open to the public for public use on or
before December 31, 2019.
D
Resolution duly adopted.
N E
(Date)
S IG
L Y
S ER
(City/Village Clerk)
I O U T
Certified to be a true copy,
(Date)
E V LE T
PR
(City, Village Clerk)
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 4/14/2020 Title: Tax Incentive Policy and Guidelines
Submitted By: LeighAnn Mikesell Department: Economic Development
Brief Summary: The Tax Incentive Committee has created a policy document for Commission
approval that reflects the findings and recommendations in the previously reviewed committee
report.
Detailed Summary:
In an effort to standardize and control the rate and term of tax abatements granted in the City of
Muskegon, the Tax Incentive Committee (comprised of staff from Economic Development,
Planning, and Finance) has created the attached policy to guide our recommendations to the City
Commission when tax abatements are requested. This system incentivizes companies that reflect
community goals and values, while keeping Muskegon competitive in the region for attraction and
expansion of business base.
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): Fund(s) or Account(s): N/A
Recommended Motion: Motion to approve the Tax Incentive Policy and Guidelines 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:
TAX INCENTIVES POLICY
INFORMATION PACKET AND GUIDELINES
OVERVIEW:
A company that is in the planning phase of a major business attraction or expansion project that
will include a capital investment in real and/or personal property may be eligible for a number of
statutorily provided and locally approved tax incentives or abatements. The City of Muskegon
strives to apply these incentives with maximum return on investment for the developer and
community. The process for requesting and receiving an eligible tax incentive for a development
or expansion project has been simplified in the following policy guidelines and forms.
The City of Muskegon maintains this policy with the objectives of:
• increasing employment opportunities for our residents,
• diversifying and stabilizing the tax base of the community,
• reducing functional obsolescence of existing buildings and lots,
• encouraging expansion of our existing business base,
• providing for improved housing and commercial amenities for the community,
• encouraging attractive, viable building sites and
• enhancing our economic development tools to attract and retain businesses
POLICY ELIGIBILITY CRITERIA:
1. A tax abatement shall not be granted until there is compliance with the associated state
statute; and
2. Leasehold property shall not qualify for a real property tax abatement unless applicant is
responsible for payment of the property taxes, and can demonstrate timely payment of property
taxes upon the City’s request; and
3. A tax abatement shall be issued for a term reflective of the points earned in the City’s scoring
matrix; and
4. A tax abatement shall not be issued unless an Applicant completes the attached application
form and provides all necessary documents to ensure accurate scoring by the Tax Incentive
Review Committee.
APPLICATION PROCESS:
Once a company has determined that it meets the minimum criteria for consideration of a tax
abatement, then a company may begin the process of formally applying for the relevant
incentive. The process is as follows:
1. Letter of Intent submitted on applicant’s letterhead to the Planning Director (No
improvements shall be considered for abatement if made or permitted prior to the approval of
the abatement application).
2. Complete any relevant Michigan Department of Treasury Forms. Include with the form:
a. Cost Sheet for anticipated improvements in real property.
b. Lease Agreement showing building terms and applicants’ tax liability (if applicable).
3. Submit application form and attachments to the City of Muskegon Planning Department.
4. Tax Incentive Review Committee verifies completion and eligibility of Applicant’s documents
for submission and makes recommendation to the City Commission regarding approval and
length of the requested abatement.
5. City Commission Public Hearings are scheduled.
6. City Commission votes on establishment of the District and approval of the associated
abatement (City Commission may also vote to reject any application for abatement).
7. Resolution submitted to State Tax Commission for final approval and issuance of certificates
where necessary.
8. Projected investment must be complete within two years or risk liability for any abated values.
LENGTH OF THE TAX ABATEMENT:
The City Commission has approved the use of the following matrices to calculate the length of
the associated tax abatement. The points in this scoring system are tied to community goals
endorsed by elected officials and staff, thereby rewarding and incentivizing specific development
types and values with additional potential years of abatement:
Cognate Value Cognate Value
PA 198 PA 210, 255, 146
Taxable Value 0-5 Taxable Value 0-5
Job Creation 0-3 Location 0-2
Resident Hiring 0-2 New Business 0-1
Resident
Owned/Managed 0-2
TOTAL 0-10 TOTAL 0-10
PA 198 IFEC Scoring Guide
1-7 Points: 9-Year 50% Abatement
7-10 Points: 12 Year 50% Abatement
PA 210 Tax Abatement Scoring Guide
1-5 Points: 3 Years frozen taxable values
6-8 Points: 6 Years frozen taxable values
9-10 Points: 10 Years frozen taxable values
PA 255 Tax Abatement Scoring Guide
1-5 Points: 4 Year Abatement
6-8 Points: 8 Year Abatement
9-10 Points: 12 Year Abatement
PA 146 Tax Abatement Scoring Guide
1-5 Points: 4 Years frozen taxable values
6-8 Points: 8 Years frozen taxable values
9-10 Points: 12 Years frozen taxable values
TAX ABATEMENT APPLICATION FEE:
The City Commission has authorized the implementation of a non-refundable application fee of
$1,000.00 for Public Act 146, Public Act 255, and Public Act 210 abatement applications. Public
Act 198 tax abatement applications carry a non-refundable application fee equal to 2% of the
abated taxes, not to exceed $1,722.
REQUIREMENTS AFTER TAX ABATEMENT IS APPROVED:
By the December 31 that is two years after the December 31 of the year that the abatement is
approved, the applicant will supply the Planning Director with a letter confirming that the
purchases, employment numbers, renovations, and/or other applicable cognates are complete.
If these figures have not been reached, a letter of explanation must be submitted to the Planning
Director, for review by City Commission, which may then cancel the abatement, or offer a new
abatement with reduced values and years.
For assistance with your business attraction and retention needs, please contact the City
Economic Development Office at 231-724-6870. For assistance with the associated process and
application, please contact the City Planner’s Office at 231-724-6702.
Tax Incentive Policy Scoring Guide
INDUSTRIAL FACILITIES EXEMPTION (PUBLIC ACT 198)
TAXABLE VALUE: The City will consider the estimated additional tax base that the development
will generate based on plan review, assessor's analysis and permit fees. 1 point awarded for
$250,000 - $499,999 in taxable value, 2 points awarded for $500,000 to $749,999, 3 points
awarded for $750,000 to $999,999, and 4 points awarded for taxable value creation over
$1,000,000. Any improvement resulting in $5,000,000 or more in new taxable value will be
recommended for the full 12 year abatement. Additionally, any construction of a new industrial
facility will be recommended for the full 12 year abatement.
JOB CREATION: Up to 3 additional points can be earned by creating new full time jobs in the
City Limits. 1 point will be earned for 10 newly created jobs, 2 points for 11-24 jobs, and the full
3 points for 25+ jobs. Any development creating 100 or more jobs in the first three years will
recommended for the full 12 year abatement.
RESIDENT HIRING: An additional point will be awarded if the proposed development will
commit to employing 10% of its full time staff from within the city limits, and an additional 2
points will be awarded if the proposed development will commit to employing 20% of its full
time staff from within the city limits.
COMMERCIAL REHABILITATION TAX ABATEMENT (PUBLIC ACT 210)
COMMERCIAL REDEVELOPMENT DISTRICT ABATEMENT (PUBLIC ACT 255)
OBSOLETE PROPERTY REHABILITATION ACT (PUBLIC ACT 146)
TAXABLE VALUE: The City will consider the estimated additional tax base that the development
will generate based on plan review, assessor's analysis and permit fees. 1 point awarded for
$150,000 to $249,999 in taxable value, 2 points awarded for $250,000 to $499,999, 3 points
awarded for $500,000 to $749,999, and 4 points awarded for $750,000 to $999,999, and 5
points for taxable value creation over $1,000,000. Any development creating a taxable value
over $5,000,000 will recommended to receive the full abatement.
LOCATION: An additional two points will be awarded to a development if it is proposed in one
of the City's identified Commercial or Residential Redevelopment Areas (map attached).
NEW BUSINESS: An additional point will be awarded if the development is being proposed by a
commercial entity or housing developer that has not previously developed in the City of
Muskegon.
RESIDENT OWNER: An additional two points will be awarded if the proposed business or
development is owned or managed by a City of Muskegon resident.
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Environmental Building Standards Committee Recommendation
April 4, 2020
REVIEW
Current energy code standards equate to LEED baseline certification. If we want to incentivize
construction that meets a higher standard, we can only include stricter or higher level
certification.
Costs to reach higher levels of LEED certification far outweigh any tax abatement we could
offer, and therefore would not result in the incentive we were hoping to provide.
LEED construction is 3.3 – 8.5% more than standard construction plus certification fees from
$20,000 to $60,000. If we average the value of all the IFT abatements currently within the city,
a company can count on about $4,000 per year in reduced taxes paid to the city. If the points
awarded to the developer provide another 3 years of abatement, they can expect to save
$12,000. That amount does not cover the certification fees, let alone the additional
construction costs.
Only 6 states have municipalities that offer tax refunds/abatements/credit. The Cincinnati
program has been under scrutiny and is being redesigned. Chatham County, Georgia offers full
property tax abatement for 5 years, then reduces the abatement by 20% for the next 5 years
for any commercial building that reaches gold certification. Current incentives given by a
municipality within Michigan only apply to municipal buildings. In other local agencies
throughout the country, policies are more related to providing faster permit reviews, a density
bonus, or cash toward construction costs. A density bonus would not be applicable in
Muskegon at this time since we have so much vacant land ready for construction. Any program
that offers cash toward construction would be developed outside the tax incentive policy.
Ideas related to faster permit reviews and the possibility of adding certain green practices to
our building code such as material conservation, use of recycled material, or a requirement to
use LED lights were presented to Public Safety.
Environmental Building Standards Review and Recommendation Page 2
We can make a larger impact on the environment (reducing carbon emissions) by using proper
planning principles and developing a walkable, bikable, transit friendly city. Reducing the need
for and use of cars will provide a significant and lasting impact on the environment. An EPA
study entitled “Location Efficiency and Building Type – Boiling It Down to BTUs” compared four
factors: drivable versus walkable location; conventional construction versus green building;
single-family versus multifamily housing; and conventional versus hybrid automobiles. The
study made it clear that none of the factors contributed as much as walkability. It showed
specifically how, in drivable locations, transportation energy use consistently tops household
energy use, in some cases by more than 2.4 to 1. The most green home in sprawl still loses out
to the least green home in a walkable neighborhood.
RECOMMENDATION
• Approve the tax incentive policy without inclusion of points for green building
practices.
• Continue to incorporate good planning principles when guiding potential developers
and approving site plans.
• Work with Safebuilt to develop building code modifications to require material
conservation, the use of recycled materials when available, and the inclusion of LED
lighting.
• Work with Safebuilt to accelerate permit review processes for buildings that are LEED
certified.
Environmental Building Standards Supporting Data
April 4, 2020
Michigan Energy Code
• Incorporates the International Energy Conservation Code (IECC) – this is a model code that
regulates minimum energy conservation requirements for new buildings.
• The Michigan Energy Code is intended to provide flexibility to permit the use of innovative
approaches and techniques.
LEED (Leadership in Energy Environmental Design program) is a green design mission which
promotes design and construction practices with the idea that an increase in energy efficiency
will lead to a decrease in expenditure.
• Companies pay LEED to critique a building’s green design based off criteria developed by
the U.S. Green Building Council (USGBC) and labeling it Certified, Silver, Gold, or
Platinum. If the building does not meet the USGBC’s criteria, LEED will deny certification.
• USGBC - launched an online data visualization resource that highlights real-time green
building data for each state in the U.S. It highlights LEED projects, LEED-credentialed
professionals, and USGBC membership in each state.
https://www.usgbc.org/resources/state-market-brief
• LEED project data below only includes commercial rating systems. USGBC green building
data from each state – LEED-credentialed professionals, member organizations and
LEED projects.
LEED ACHIEVEMENT PROJECTS, 1/7/20
Certified Silver Gold Platinum
638
622
605
NUMBER OF PROJECTS
368
352
287
280
230
174
159
151
132
118
110
109
109
30
27
26
7
MI IL IN OH WI
STATE
EPA’s Energy STAR program
• This program helps to calculate the returns on energy efficiency investments by way of
various calculators based on cash flow opportunity, financial value and building upgrade
values.
Environmental Building Standards Supporting Data Page 2
Energy Vanguard
• A diminishing return can take place whereby adding additional energy efficient
materials to a structure results in smaller increments of efficiency.
• Examples of incentives offered across the U.S. - Financial incentives / Expedited permitting /
Property tax reductions or abatements for significant periods of time / Density bonuses /
Accelerated building permit processing / Free publicity
• The cost to obtain LEED certification can depend upon a variety of factors and expectations.
The U.S. Green Building Council (USGBC) indicates the cost to obtain LEED certification can
depend on factors/expectations:
o Type and size of project / timing of introduction of LEED as a design goal or
requirement / level of LEED certification desired / composition and structure of the
design and construction teams / the process used to select LEED credits / clarity of
the project implementation documents / base case budgeting assumptions
• Fees charged by the U.S. Green Building Council to earn LEED are expensive - $20,000 to
$60,000.
• One of the first LEED cost studies was published in October 2003 by KEMA, an energy
consulting company. The total project cost LEED certification premiums identified in the
KEMA study continue to be among the most commonly cited:
o LEED Certified – 0-2.5 percent
o LEED Silver – 0-3.3 percent
o LEED Gold – 0.3-5.0 percent
o LEED Platinum – 4.5-8.5 percent
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 12, 2020 Title: Parking Enforcement Ordinance
Submitted By: Jeffrey Lewis Department: Public Safety
Brief Summary: Amending current parking ordinances 92-71 & 73; Chapter 92, Article V of the
Code of Ordinances of the City of Muskegon to include parking restrictions and enforcements for
public beach parking.
In addition, abandoned vehicle language (LO5) was added to restrict vehicles parked longer than
48 hours on city streets.
Detailed Summary: See attached amended ordinance.
Amount Requested: $0 Amount Budgeted: $0
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: Approval to amend Parking Ordinance 92-71 & 73
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:
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;
(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;
(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[Reserved];
(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.
(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.
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 business 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 2:00 a.m. and 6:00 a.m.
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.
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 a daily pass being prominently displayed on the motor vehicle’s
front dashboard or a seasonal pass being prominently affixed to the front
windshield on the driver’s side.
(LO16) Where 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
a seasonal pass being prominently affixed to the front windshield 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.
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 _______________, 201920, 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:_______________________, 202019
________________________________
Ann Marie Meisch, MMC
City Clerk
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
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 82, Article II of the Muskegon City Code, summarized as
follows:
TO BE COMPLETEED AFTER ADOPTION Formatted: Centered
1. Section 82-51 is amended to provide that the combination of the service charge, which Formatted: Centered, Indent: Left: 0", First line: 0"
means the payment in lieu of taxes, and the essential services fee shall be not less than 1% nor
more than 20% of the contract rents charged for the total of all units in the project, whether the
units are occupied or not and whether or not the rents are paid.
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: _________________, 202019 CITY OF MUSKEGON
By________________________
Ann Marie Meisch, MMC
City Clerk
------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE
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 92-73 are amended to read as follows:
Chapter 92, “Local Parking Restrictions” Section 73 “Parking violations bureau; minimum
parking fines,” of the Code of Ordinances of the City of Muskegon is amended as follows:
Sec. 73. “Parking violations bureau; minimum parking fines,”
(1) Pursuant to the provisions of state law MCL 600.8395, there is hereby established
within the city a parking violations bureau to accept pleas of responsible in motor
vehicle parking violation cases and to collect and retain fines and costs as prescribed by
ordinance.
(2) Upon pleading responsible or being found responsible by a court, the fines for parking
violations shall be as follows:
(2.1) Level I parking violations.
Code 92-71(1) Offense
LO1 Violation of angle parking/backed into space signs
LO2 Too far from curb
LO2 Parking facing traffic
LO3 Loading zone, passenger zone (bus/taxi cab zone)
w Parking overtime excluding at Pere Marquette Beach
x Meter parking
The penalties for level 1 parking violations are as follows:
If paid within 14 days If paid after 14 days If paid after 21 days After 30 days
but before 21 days but before 30 days
$10.00 $20.00 $30.00 $60.00
(2.2) Level 2 parking violations.
Code § 92-71(1) Offense
a Parking on sidewalk
b Blocking driveways
c Within an intersection
e In a crosswalk
f Within 20 feet of a crosswalk or within 15 feet of property lines
at intersection
g Too close to a flashing beacon, stop sign, yield sign, traffic
control signal, or other traffic sign
h In a safety zone
i Too close to railroad
j Too close to fire station entrance
k Parking: obstruct traffic
m Parking on a bridge or in a tunnel
n Posted prohibited parking; parking violation of any posted signs
o Parking within 500 feet of an accident
p Parking in front of a theater
q Blocking emergency exits
r Blocking fire escape
v Within 500 feet of a fire or fire apparatus (except volunteers and
vehicles legally parked before the fire)
y Obstruct mail delivery
z Alley parking
LO4 Front and side yard parking
LO7 Parking on terrace or parkway
LO9 2a-6a parking prohibited
LO10 Commercial vehicles
LO11 Unattached trailers and semitrailers
LO12 Display of "for sale" sign while parked on city street or terrace
Other violations
LO14 Unattended vehicles (running)
The penalties for level 2 parking violations are as follows:
If paid within 14 days If paid after 14 days If paid after 21 days If paid after 30 days
but before 21 days but before 30 days
$15.00 $30.00 $45.00 $70.00
(2.3) Level 3 parking violations.
Code § 92-71(1) Offense
d Too close to a fire hydrant
l Double parking
LO6 Parking outside the lines
LO8 Parking in a public park after 11:00 p.m. and before 5:00 a.m.
LO13 Prohibited off-road vehicular traffic
Other violations in any city parks
The penalties for level 3 parking violations are as follows:
If paid within 14 days If paid after 14 days If paid after 21 days After 30 days
but before 21 days but before 30 days
$20.00 $40.00 $60.00 $80.00
(2.4) Level 4 parking violations.
Code § 92-71(1) Offense
LO5 Abandoned Vehcile [Reserved]
If paid within 14 days If paid after 14 days If paid after 21 days but If paid after 30 days
but before 21 days before 30 days
$55.00 $65.00 $75.00 $85.00
(2.5) Any other violation of the parking provisions which are not listed in the above schedules
shall be considered level 2 parking violations and shall carry the penalties set forth above
for level 2 violations, except that:
a) Code § 92-71(1)(s)(t)(u). Spaces for disabled persons. Unlawful parking in a
space reserved for persons with disabilities as defined in applicable state law
shall carry a minimum of $105.00, which shall increase to $210.00 after the
first 14 days after the violation, and $315.00 after 30 days; and
b) Code § 92-71(1)(aa). Fire lane. Unlawful parking in a fire lane shall carry a
minimum of $30.00, which shall increase to $60.00 after the first 14 days, after 21-
30 days the violation will be $90.00 and $120.00 after 30 days;
c) Code 92-71(1)(LO15) shall carry a fine of $30 per calendar day;
d) Code 92-71(1)(LO16) shall carry a fine of $20 per calendar day; and
b)e) Code 92-71(1)(w), limited to parking overtime at Pere Marquette Beach shall carry
a fine of $20 per violation.
2. This Ordinance is to become effective ten (10) days after adoption.
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.
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 82, Article II of the Muskegon City Code, summarized as
follows:
TO BE COMPLETEED AFTER ADOPTION
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
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 12, 2020 Title: Temporary Modification to MERS
Benefit Provisions
Submitted By: Beth Lewis Department: Finance
Brief Summary: The City Finance department is requesting a Temporary Modification to the
MERS Benefit Provisions for the Defined Benefit employees. This provision would temporarily
lower the number of hours an employee would have to work during the month to earn service
credit to accommodate those employees taking part in the Work Share furloughs.
Detailed Summary: Currently employees need to work 150 hours per month to receive service
credit for their defined benefit pension. This modification would allow an employee to work 126
hours and still receive service credit for the month. Additionally this would allow for hazard pay
and essential duty pay to be pensionable. The temporary provision would be in effect from March
1, 2020 to December 31 2020.
Amount Requested: n/a Amount Budgeted: n/a
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the Temporary Modifications to Benefit Provision 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:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 12, 2020 Title: Public Hearing for 2020 Annual Action
Plan
Submitted By: Oneata Bailey Department: Community and Neighborhood
Services
Brief Summary: Hearing for the City of Muskegon’s 2020 Annual Action Plan.
Detailed Summary:
To accept comments about the 2020 Annual Action Plan.
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To allow for public comments regarding the city of Muskegon’s 2020
Annual Action Plan.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
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