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CITY OF MUSKEGON CITY COMMISSION MEETING NOVEMBER 24, 2020 @ 5:30 P.M. MUSKEGON CITY COMMISSION CHAMBERS 933 TERRACE STREET, MUSKEGON, MI 49440 REMOTE MEETING AGENDA □ CALL TO ORDER: □ ROLL CALL: □ HONORS AND AWARDS: □ PUBLIC COMMENT ON AN AGENDA ITEM: □ IMMEDIATE ACTION REQUESTED: A. Remote Meeting Procedures City Clerk □ CONSENT AGENDA: A. Approval of Minutes City Clerk B. 2020-2021 School Resource Officer Agreement Public Safety C. 2020-2021 Winter Parking Ordinance Amendment Public Safety D. Ramos Towing Agreement Public Safety E. Social District Permit Recommendation Economic Development F. MERS Defined Benefit Plan Adoption Agreements Addendum Finance G. PRI Document Approval – Jackson Hill Infill Housing Loan Development Services – REMOVED PER STAFF REQUEST H. Trinity Village (COGIC Village) PILOT Agreement Termination Treasurer □ PUBLIC HEARINGS: A. Beach Street Utility Special Assessment Public Works □ UNFINISHED BUSINESS: □ NEW BUSINESS: A. Amendment to the Zoning Ordinance - Marihuana Planning B. Community EnCompass Infill Housing Development Agreement and Funding Economic Development – REMOVED PER STAFF REQUEST Page 1 of 2 □ ANY OTHER BUSINESS: □ PUBLIC COMMENT: ► Reminder: Individuals who would like to address the City Commission shall do the following: ► Fill out a request to speak form attached to the agenda or located in the back of the room. ► Submit the form to the City Clerk. ► Be recognized by the Chair. ► Step forward to the microphone. ► State name and address. ► Limit of 3 minutes to address the Commission. ► (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.) □ CLOSED SESSION: A. Discussion of Pending Litigation □ ADJOURNMENT: ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO WANT TO ATTEND THE MEETING UPON TWENTY-FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT ANN MARIE MEISCH, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231) 724- 6705 OR TTY/TDD DIAL 7-1-1-22 TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705. Page 2 of 2 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: 11/24/2020 Title: Remote Meeting Procedures Submitted By: Ryan Cummins Department: Clerk’s Office Brief Summary: Public Act 228 of 2020 amended the Open Meetings Act to allow for electronic meetings. The Act requires that if the City wishes to conduct electronic meetings, that it adopts electronic meeting procedures. Detailed Summary: Public Act 228 of 2020 amended Section 3 of the Open Meetings Act (OMA) and added Section 3a to the OMA to permit, in certain circumstances, public bodies to meet electronically and to permit members of those public bodies to participate in, and vote on, business before the public body remotely. The Act requires the public body, as defined in Section 2(a) of the OMA, being the City Commission, including all boards, commissions, committees, subcommittees, or authorities of the City of Muskegon, to establish procedures to ensure compliance with the requirements of the Act related to electronic meetings. It is recommended that the City Commission establish the following electronic meeting procedures for itself and all of the public bodies of the City to comply with this statutory requirement. Amount Requested: N/A Amount Budgeted: Fund(s) or Account(s): Fund(s) or Account(s): Recommended Motion: To establish the following procedures to permit the City Commission and all other public bodies of the City of Muskegon to meet electronically and vote on business before the public body remotely. Check if the following Departments need to approve the item first: Police Dept. Fire Dept. IT Dept. For City Clerk Use Only: CITY OF MUSKEGON PROCEDURES FOR ELECTRONIC MEETINGS AND ATTENDANCE BY MEMBERS REMOTELY Introduction Public Act 228 of 2020 (the Act) amended Section 3 of the Open Meetings Act (OMA) and added Section 3a to the OMA to permit, in certain circumstances, public bodies to meet electronically and to permit members of those public bodies to participate in, and vote on, business before the public body remotely. The Act requires the public body, as defined in Section 2(a) of the OMA, being the City Commission, including all boards, commissions, committees, subcommittees, or authorities of the City of Muskegon, to establish procedures to ensure compliance with the requirements of the Act related to electronic meetings. The City Commission establishes the following electronic meeting procedures for itself and all of the public bodies of the City to comply with this statutory requirement. Circumstances Permitting Electronic Meetings and/or Remote Participation by Members Electronic meetings of City of Muskegon public bodies, in whole or in part, and/or attendance by members of those public bodies remotely may be permitted under any of the following circumstances: a. Before January 1, 2021, for any circumstances. b. On and after January 1, 2021 through December 31, 2021, only for one of the following: i. Military service. ii. A medical condition. (1) Medical condition means an illness, injury, disability, or other health-related condition, including recommended quarantine. iii. A statewide or local state of emergency or state of disaster declared pursuant to law or charter by the governor or a local official or local governing body that would risk the personal health or safety of members of the public or the public body if the meeting were held in person, but only to permit the following: (1) To permit the electronic attendance of a member of the public body who resides in the affected area. (2) To permit the electronic meeting of a public body that usually holds its meetings in the affected area. c. After December 31, 2021 only in the circumstances requiring accommodation of members absent due to military duty. Meetings held Electronically a. Communication The City of Muskegon will utilize electronic video and/or audio services or equipment that ensures 2-way communication so that during the electronic meeting members of the public body can hear and be heard by other members of the public body and so that participants in the electronic meeting can hear members of the public body and can be heard by members of the public body and other participants during the public comment period. i. Members of the general public will not be excluded from a meeting otherwise open to the public except for a breach of the peace actually committed at the meeting. ii. Members of the general public otherwise participating in a meeting of a public body held electronically under this policy are to be excluded from participation in a closed session of the public body held electronically during that meeting if the closed session is convened and held in compliance with the requirements of the OMA applicable to a closed session. b. Notice i. Any meeting to be held electronically shall be preceded by a notice posted at least 18 hours before the meeting on the City’s website that is fully accessible to the public. The notice shall be posted on the homepage of the website or on a separate webpage dedicated to public notices for non-regularly scheduled or electronic public meetings. ii. The notice of the electronic meeting shall include all of the following: (1) Why the public body is meeting electronically. (2) How members of the public may participate in the meeting electronically, including the Internet address to view the meeting along with instructions on how to participate in public comment. (3) How members of the public may contact members of the public body to provide input or ask questions on any business that will come before the public body at the meeting. (4) How persons with disabilities may participate in the meeting. c. Agenda If an agenda exists for an electronic meeting, the agenda for that meeting shall be made available to the public at least two hours before the electronic meeting begins by posting the agenda on the portion of the City’s website that is fully accessible to the public. Posting of the agenda, however, shall not prohibit subsequent amendment of the agenda at the meeting. d. Identification of the Public The City of Muskegon shall not, as a condition of participating in an electronic meeting, require a person to register or otherwise provide his or her name or other information or otherwise to fulfill a condition precedent to attendance at the meeting. However, the City of Muskegon may require a person to identify themselves as may be necessary to permit the person to participate in the public comment period of the meeting. Remote Participation by Members of the Public Body a. Communication i. When a member of a public body is physically absent from a meeting, but attends the meeting remotely as permitted by this policy, the City of Muskegon shall utilize electronic video and/or audio services or equipment that ensures 2-way communication so that during the meeting the member can hear and be heard by other members of the public body and so that participants in the meeting can hear and be heard by the member. ii. For each member of a public body attending the meeting remotely, that member shall announce at the beginning of the meeting that he or she is attending the meeting remotely and shall, except when his or her absence is due to military duty, announce the member’s physical location by stating the county, city, township, or village and the state from which he or she is attending the meeting remotely. These announcements must be included in the minutes of the meeting. b. Notice i. When a member of a public body will be physically absent from a meeting, but will be attending the meeting remotely, the City of Muskegon shall post at least 18 hours before the meeting on the City’s homepage or website dedicated to public notices for non- regularly scheduled or electronic public meetings a notice that the member of the public body will be attending the meeting remotely. ii. The notice shall include e-mail information about how to contact the member of the public body who will be attending the meeting remotely, so that all members of the public may contact the member to provide input or ask questions on any business that will come before the public body at the meeting. Agenda Item Review Form Muskegon City Commission Commission Meeting Date: November 24, 2020 Title: Approval of Minutes Submitted By: Ann Marie Meisch, MMC Department: City Clerk Brief Summary: To approve the minutes of the November 9, 2020 Worksession Meeting, the November 10, 2020 Regular City Commission meeting, and the November 13, 2020 Special City Commission Meeting. Detailed Summary: N/A Amount Requested: N/A Amount Budgeted: N/A Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A Recommended Motion: To approve the minutes. For City Clerk Use Only: Commission Action: CITY OF MUSKEGON CITY COMMISSION WORKSESSION COMMISSION CHAMBERS 933 TERRACE STREET MUSKEGON, MI 49440 Monday, November 9, 2020 5:30 p.m. MINUTES 2020-81 Present: Mayor Gawron, Vice Mayor Hood (arrived at 5:38 p.m.), Commissioners Rinsema-Sybenga, Emory, Johnson, Ramsey, and German Convention Center Funding and Construction Update – City Manager Jeff Salowitz, from Construction Simplified, owner’s representative presented information to the City Commission regarding the impact of mitigating PFAS, the discovery of an oil well, and the impact of COVID-19 on the Convention Center project and the impact on the budget for the project. Mr. Salowitz presented options on potential cost mitigating items showing the maximum savings and the recommended course of action for each item. Discussion ensued regarding the potential cost mitigating items listed, funding, and construction update. Update to the Lot Sale Policy- Planning Staff has prepared an updated lot sale policy that outlines procedures and incentives to direct the use and sale of vacant, city-owned residential properties. Amendments to the draft policy have been made since discussing at the October Work Session. Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga, to further amend the Lot Sale Policy to specify that buildable lots sales will need to be approved by the City Commission and non-buildable lots will be handled through the Planning Department and that the update to the Lot Sale Policy should be reflected in the Commission Policy as well. ROLL VOTE: AYES: Rinsema-Sybenga, Emory, Johnson, Gawron, Hood, Ramsey, and German. NAYS: None MOTION PASSES This item will be on the Regular City Commission meeting agenda for November 10, 2020 for consideration. Marihuana Social Equity – Planning At the November 12 Planning Commission meeting staff will be proposing to allow microbusinesses, designated consumption establishments, Class A recreational grows (up to 100 plants), Class B recreational grows (up to 500 plants), Class A medical grows (up to 500 plants) and temporary marihuana events in B-2, B-4, MC, I-1, and I-2 zoning districts with the issuance of a special use permit. In order to obtain the special use permit, the following conditions must be met: 1. The property must not be located within 500 feet of a school. 2. The site plan must demonstrate the removal of blight from the property; including dilapidated fences signs, light poles, etc. 3. Signage shall be limited to one sign, no larger than 25 square feet and shall not use the word marihuana/marijuana, cannabis or any other word or phrase which would depict marihuana/marijuana; nor may pictures of a leaf or leaves, green cross or any other rendering which would depict marihuana/marijuana be displayed on a sign or any part of the building. 4. Microbusinesses and designated consumption establishments may only operate between 8 am to 12 am. 5. Designated consumption establishments licenses may be stacked with the other license types. However, no other license type may be stacked with each other. 6. The special use permit may be revoked by the Planning Commission if odor nuisances persist. Discussion took place regarding the proposed allowances. Update on Rezoning Mailings - Planning Staff is proposing to mail out the rezoning notice letters (McLaughlin, Angell, Jackson Hill neighborhoods) on November 18. The letters will note that anyone who would like to comment can do so at the December 8 City Commission meeting, where the tabled item will be addressed again. There are about 2,500 properties that will be noticed, some of them which have an owner and tenant(s). Revised Winter Parking Plan – Public Safety Revise (1) LO09 of the effected city ordinance (92-71), staff received information that the current ordinance was problematic in our downtown designated area. With the increase of full-time residents living downtown parking is a premium throughout the day and night. Staff is proposing a change to the downtown area to accommodate residents and business patrons that frequent the designated area. Proposed Change – Downtown designated area – odd/even would be implemented with the hours 12:00 a.m.to 7:00 a.m. (parking allowed on one side of street that would align with the calendar/address). This will allow residents and patrons downtown to utilized parking spots both sides of the street from 7:00 a.m. until 12 Midnight on any day during the Winter Parking Ban. Currently we allow parking downtown on both sides of the street, except between the hours of 2:00 a.m. to 6:00 a.m. in which NO parking was allowed. This proposed revision would allow street parking twenty-four hours per day, except for a seven-hour period that would allow DPW to complete necessary street maintenance during the winter months. * See the attachment for LO09 parking restrictions and downtown area designation* Review and discuss the proposed change to the Winter Parking Ban restrictions in the Downtown area. This item will be considered at the November 24, 2020 Regular City Commission Meeting. Lakeshore Art Festival Proposal – City Clerk Because of COVID, the Muskegon Chamber of Commerce will no longer be conducting the popular Lakeshore Art Festival and has approached the City to see if we are willing to take it over. Carla Flanders has directed the art festival for many years and is very knowledgeable about the event. Staff has approached Carla about her willingness to continue in this role and assist staff with the Lakeshore Art Fair if the Commission decides it is the direction the City would like to go. The proposal is a contract from November 16, 2020 through September 1, 20201. Total cost of the agreement is $29,000 plus 10% of any profit. The agreement is broken down into 10 monthly payments of $2,900 each. If it is decided the event could not continue because of COVID, we would not be obligated for future payments. Historically the event has made money – up to $100,000. 2021 is unknow for obvious reasons but evaluating the numbers with Carla and being very conservative, the event could break even or make a small profit in 2021. The event is a big undertaking and we do not feel we could do it as well without the expertise of Carla Flanders. If it is the desire of the Commission to take over the Lakeshore Art Festival, we would ask the Commission to consider building a future relationship with CMF Marketing & Events to direct the art festival and educate staff on the ins and outs of the festival. If Commission decided to move forward with the Art Festival, I would ask the Commission to approve expenditures not to exceed $175,000 towards expenses understanding we will be receiving funds from booth spaces, sponsorships, food sales, etc., that will offset the expenses. Any expenses over $15,000 will be brought to City Commission for approval. Commission discussion took place regarding this event and how to move forward with how it would be administered by the city and if it should fall under our DDA. Mercy Health Arena Investment Partnership with Lumberjacks – Mercy Health Arena In August, the City Commission approved the 4th Amendment to the Lumberjacks Lease, which would amend Paragraph 14 to provide rent relief to the ream during COVID-19 by reimbursing their facility improvements earlier than originally planned. After further discussion with the team’s ownership, they are rescinding this request and asking that we consider an updated 4th Amendment that would allow for additional investment in the arena by ownership group. The team proposes that their ownership would fund the investments now, and be reimbursed by the city over the next several hockey seasons. We are proposing an amendment to one section of the lease to accommodate anticipated reduced capacity at the arena: Paragraph 14. The parties agree the amount of advanced funds to be reimbursed by the City to the Lumberjacks is $260,215.35 $381,215.35, which shall be paid through five seven annual offsets of $52,343.07 against Base Rent owed by the Lumberjacks to the City during the First Option Period (i.e. years 3 through 7) under this Agreement. The annual offsets shall be applied to the first rents coming due to the City during each year of the First Option Period, as follows: 2020-21 Season: $54,459; 2021-22 Season $54,459; 2022-23 Season; $54,459; 2023-24 Season; $54,459; 2024-25 Season; $54,459, 2025-26 Season; $54,459 2026-27 Season; $54,461 Detailed Improvement Summary. Most of these items are either missing from the arena today or nearing end-of life: • Cabling for internet and phone service is not up to today’s standard. Upgrading the wiring and adding free WIFI hotspot areas for visitors will help year-round with internet access downtown. Estimate total cost: $50,000. • The main concession area has a number of necessary pieces of equipment that are also failing or beyond normal life expectancy – specifically the commercial ice maker and the walk-in cooler both need to be replaced or refurbished. Our food options are significantly limited without access to a commercial hood. Estimated total cost: $55,000 • Finally, there are approximately $13,000 in upfront expenses to kick off our efforts to host more hockey tournaments and showcases. Discussion took place regarding the proposed amendment to the Lumberjacks Lease Agreement. This item will be considered at the November 10, 2020 Regular City Commission meeting. Adjournment: The City Commission Worksession adjourned at 8:25 p.m. Respectfully Submitted, Ann Marie Meisch, MMC – City Clerk CITY OF MUSKEGON CITY COMMISSION MEETING NOVEMBER 10, 2020 @ 5:30 P.M. MUSKEGON CITY COMMISSION CHAMBERS 933 TERRACE STREET, MUSKEGON, MI 49440 MINUTES The Regular Commission Meeting of the City of Muskegon was held at City Hall, 933 Terrace Street, Muskegon, MI at 5:30 p.m., Tuesday, November 10, 2020, Commissioner Willie German, Jr., opened the meeting with a prayer, after which the Commission and public recited the Pledge of Allegiance to the Flag. ROLL CALL FOR THE REGULAR COMMISSION MEETING: Present: Mayor Stephen J. Gawron, Vice Mayor Eric Hood, Commissioners Ken Johnson, Dan Rinsema-Sybenga, Willie German, Jr., and Michael Ramsey, City Manager Frank Peterson, City Attorney John Schrier, and City Clerk Ann Meisch. Absent: Commissioner Teresa Emory PUBLIC COMMENT ON AGENDA ITEMS: Public comments were received. 2020-82 CONSENT AGENDA: A. Approval of Minutes City Clerk SUMMARY OF REQUEST: To approve the minutes of the October 27, 2020 Regular Meeting. STAFF RECOMMENDATION: To approve the minutes. C. Update to the Lot Sale Policy Planning SUMMARY OF REQUEST: Staff has prepared an updated lot sale policy that outlines procedures and incentives to direct the use and sale of vacant, city- owned residential properties. Amendments to the draft policy have been made since discussing at the October Work Session and again after discussion at the November 9, 2020 Work Session. STAFF RECOMMENDATION: To approve the lot sale policy as presented. Page 1 of 5 D. Muskegon County Designated Assessor Resolution & Interlocal Agreement Finance SUMMARY OF REQUEST: To authorize the signing of the Resolution and Interlocal agreement for Muskegon County Designated Assessor. Public Act 660 of 2018 requires the appointment of a qualified individual to serve as a Designated Assessor for the County for a five-year term. The appointment must be made by December 31, 2020. This agreement must be approved by a minimum of twelve (12) local boards as the next action step in the process of appointing a Designated Assessor. Once this is complete all twelve boards will then be asked to approve that the County’s Equalization Director Donna VanderVries be appointed to serve. STAFF RECOMMENDATION: Authorize the approval and signing of the Resolution and Interlocal agreement for Muskegon County Designated Assessor. E. 1st Quarter Budget Reforecast Finance SUMMARY OF REQUEST: At this time staff is presenting the 1st Quarter Budget Reforecast for FY2020-21. Due to COVID-19 there are more 1st quarter changes than normal. In the General Fund we are now projecting revenues of $31,056,304 and Expense of $30,464,065 for a net surplus of $592,239. The Finance Director’s 1st Quarter Budget Reforecast Highlights are attached. STAFF RECOMMENDATION: To approve the 1st Quarter FY 2020-21 Budget Reforecast as presented. F. Community EnCompass Infill Housing Development Agreement and Funding Economic Development – REMOVED PER STAFF REQUEST H. CRC Recommendations City Clerk SUMMARY OF REQUEST: To accept the resignations of: CDC – Kim Burr, HDC – Tim Painter, and ZBA – Steve Warmington. STAFF RECOMMENDATION: To concur with the recommendations of the Community Relations Committee and approve the resignations. Motion by Commissioner Johnson, second by Vice Mayor Hood, to accept the consent agenda as presented, except items B and G. ROLL VOTE: Ayes: Gawron, Hood, Ramsey, German, Rinsema-Sybenga, and Johnson Nays: None MOTION PASSES Page 2 of 5 2020-83 REMOVED FROM CONSENT AGENDA: B. Expanded Beach Parking Public Works SUMMARY OF REQUEST: Staff has worked to develop a proposed plan to expand/improve parking and pedestrian/bike facilities at Pere Marquette Park with a preliminary concept, schedule and budget presented here for discussion and consideration. Public Works Director, Leo Evans, was in attendance and reviewed with the City Commission the proposed plan regarding expansion and improvements to beach parking. Discussion took place. G. Updated 4th Amendment to Lumberjacks Lease Agreement City Manager SUMMARY OF REQUEST: In August the City Commission approved the 4th Amendment to the Lumberjacks Lease, which would amend paragraph 14 to provide rent relief to the team during COVID-19 by reimbursing their facility improvements earlier than originally planned. After further discussion with the team’s ownership, they are rescinding this request and asking that we consider an updated 4th Amendment that would allow for additional investment in the arena by ownership group. The team proposes that their ownership would fund the investments now, and be reimbursed by the city over the next several hockey seasons. We are proposing an amendment to one section of the lease to accommodate anticipated reduced capacity at the arena: Paragraph 14. The parties agree the amount of advanced funds to be reimbursed by the City to the Lumberjacks is $260,215.35 $381,215.35, which shall be paid through five seven annual offsets of $52,343.07 against Base Rent owed by the Lumberjacks to the City during the First Option Period (i.e. years 3 through 7) under this Agreement. The annual offsets shall be applied to the first rents coming due to the City during each year of the First Option Period, as follows: 2020-21 Season: $54,459; 2021-22 Season $54,459; 2022-23 Season; $54,459; 2023-24 Season; $54,459; 2024-25 Season; $54,459, 2025-26 Season; $54,459 2026-27 Season; $54,461 Detailed Improvement Summary. Most of these items are either missing from the arena today or nearing end-of life: • Cabling for internet and phone service is not up to today’s standard. Upgrading the wiring and adding free WIFI hotspot areas for visitors will help year-round with internet access downtown. Estimate total cost: $50,000. • The main concession area has a number of necessary pieces of equipment that are also failing or beyond normal life expectancy – Page 3 of 5 specifically the commercial ice maker and the walk-in cooler both need to be replaced or refurbished. Our food options are significantly limited without access to a commercial hood. Estimated total cost: $55,000 • Finally, there are approximately $13,000 in upfront expenses to kick off our efforts to host more hockey tournaments and showcases. STAFF RECOMMENDATION: Authorized the proposed 4th Amendment to the Lease Agreement. Motion by Commissioner German, second by Commissioner Rinsema-Sybenga, to authorize the proposed 4th Amendment to the Lease Agreement. ROLL VOTE: Ayes: Ramsey, German, Rinsema-Sybenga, Johnson, Gawron, and Hood Nays: None MOTION PASSES 2020-84 NEW BUSINESS: A. Sale – 219 Merrill Avenue City Manager SUMMARY OF REQUEST: City staff is seeking authorization to sell the city-owned home at 219 Merrill to Denisha Bartee. The city constructed this house as part of the phase two of our infill housing program. Our contract to construct the home was $197,464. We also anticipated $11,844 in sales commissions. The accepted purchase price is $190,000. The City will also contribute $5,000 toward closing costs. The total amount requiring brownfield gap financing will be approximately $12,750. The 6.5% gap is larger than the average 5.4% gap from the first two sales, but still significantly small than the gap anticipated in the Brownfield Plan, and also significantly smaller than gap in the initial phase of the in-fill project. (Midtown Square). STAFF RECOMMENDATION: Authorize the City Manager to complete the sale of 219 Merrill Avenue, as described in the purchase agreement. Motion by Commissioner Rinsema-Sybenga, second by Commissioner Ramsey, authorize the City Manager to complete the sale of 219 Merrill Avenue, as described in the purchase agreement. ROLL VOTE: Ayes: German, Rinsema-Sybenga, Johnson, Gawron, Hood, and Ramsey Nays: None MOTION PASSES ANY OTHER BUSINESS: Commissioner Ramsey thanked Mike Franzak for his efforts Page 4 of 5 on sending notices to affected properties on a rezoning issue. PUBLIC COMMENT ON NON-AGENDA ITEMS: Public Comments were received. ADJOURNMENT: The City Commission meeting adjourned at 6:20 p.m. Respectfully Submitted, Ann Marie Meisch, MMC – City Clerk Page 5 of 5 C I T Y O F M U S K EG O N CITY COMMISSION MEETING N O V E M B E R 1 3 , 2 0 2 0 @ 1 : 0 0 P. M . MUSKEGON CITY COMMISSION CHAMBERS 9 3 3 T E R R A C E S T R E E T, M U S K E G O N , M I 4 9 4 4 0 REMOTE MEETING Special Meeting MINUTES 2020-85 Present: Mayor Stephen Gawron, Vice Mayor Eric Hood and Commissioners, Ken Johnson, Teresa Emory, Willie German, Jr., and Dan Rinsema-Sybenga, City Manager Frank Peterson, City Attorney John Schrier, and City Clerk Ann Meisch. Absent: Commissioner Michael Ramsey Tasting License for former Boar’s Belly Location Boars Belly has permanently closed their location at 333 W. Western Avenue, and there is a new interested party wishing to lease the space. West Michigan Rum Company, parent company of Burl and Sprig, is planning a collaboration with a prominent restaurant in Grand Haven for a restaurant/cocktail bar and requires a liquor license application to be approved by the local unit of government per state statute. The Boars Belly closed its doors las fall with the intention of becoming a seasonal restaurant, but with the onset of the VOVID-19 pandemic, they have elected to shut down permanently. The space is available and Burl and Sprig has a contingent lease agreement. This is dependent on them being approved by both the City of Muskegon and the LCC for an Offsite Tasting License, which allows spirits manufacturers the ability to serve samples and cocktails at a location other than their primary facilities. The tow applications (one for each suite being leased) are attached to this submission for review by the City Commission. There are also two resolutions attached that must be approved either recommending or not recommending the applications, per the process provided by the Michigan Liquor Page 1 of 2 Control Commission. Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga, to approve the resolutions recommending license approval as presented. ROLL VOTE: Ayes: Emory, Johnson, Gawron, Hood, German, and Rinsema- Sybenga. MOTION PASSES Public Comment: Public Comment received. Adjournment: The meeting adjourned at 1:15 p.m. Respectfully Submitted, Ann Marie Meisch, MMC – City Clerk ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO WANT TO ATTEND THE MEETING UPON TWENTY-FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT ANN MARIE MEISCH, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231) 724-6705 OR TTY/TDD DIAL 7-1-1-22 TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705. Page 2 of 2 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: November 24, 2020 Title: 20-21 School Resource Officer Agreement Submitted By: Jeffrey Lewis Department: Public Safety Brief Summary: Review and approve the School Resource Officer Agreement proposed for employment of one Muskegon Police Department officer for the 2020-2021 school year. This agreement includes a 3% increase for a total of $24,190.40 paid to the City of Muskegon between September 2020 and June 2021. Detailed Summary: Amount Requested: Amount Budgeted: Fund(s) or Account(s): Fund(s) or Account(s): Recommended Motion: Approval of the 2020-2021 School Resource Officer Agreement. Check if the following Departments need to approve the item first: Police Dept. X Fire Dept. IT Dept. For City Clerk Use Only: Commission Action: Agenda Item Review Form Muskegon City Commission Meeting Date: November 24, 2020 Title: 2020-2021 Winter Parking Ordinance Amendment Submitted By: Jeffrey Lewis Department: Public Safety Brief Summary: Revise (1) LO09 of the effected city ordinance (92-71), staff received information that the current ordinance was problematic in our downtown designated area. With the increase of full-time residents living downtown parking is a premium throughout the day and night. Staff is proposing a change to the downtown area to accommodate residents and business patrons that frequent the designated area. Detailed Summary: Amount Requested: n/a Amount Budgeted: n/a Fund(s) or Account(s): n/a Fund(s) or Account(s): n/a Recommended Motion: Approval of amended Parking Ordinance as it pertains to Winter Parking. Check if the following Departments need to approve the item first: Police Dept. ☒ Fire Dept. ☐ IT Dept. ☐ For City Clerk Use Only: Commission Action: CITY OF MUSKEGON MUSKEGON COUNTY, MICHIGAN ORDINANCE NO. ____ THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS: 1. Chapter 92, Article V of the Code of Ordinances of the City of Muskegon, Michigan, Section 92-71 are amended to read as follows: Sec. 92-71. Parking restrictions. (1) A vehicle shall not be parked, except if necessary to avoid conflict with other traffic or in compliance with the law or the directions of a police officer or traffic-control device, excluding parking in a Marina, see section 74, in any of the following places: (a) On a sidewalk; (b) In front of a public or private driveway; (c) Within an intersection; (d) Within 15 feet of a fire hydrant; (e) On a crosswalk; (f) Within 20 feet of a crosswalk, or if there is not a crosswalk then, within 15 feet of the intersection of property lines at an intersection of highways; (g) Within 30 feet of the approach to a flashing beacon, stop sign, or traffic control signal located at the side of a highway; (h) Between a safety zone and the adjacent curb or within 30 feet of a point on the curb immediately opposite the end of a safety zone, unless a different length is indicated by an official sign or marking; (i) Within 50 feet of the nearest rail of a railroad crossing; (j) Within 20 feet of the driveway entrance to any fire station and on the side of the street opposite the entrance to any fire station within 75 feet of the entrance if properly marked by an official sign; (k) Alongside or opposite any street excavation or obstruction, if the stopping, standing, or parking would obstruct traffic; (1) On the roadway side of a vehicle stopped or parked at the edge or curb of a street; (m) Upon a bridge or other elevated highway structure or within a highway tunnel; (n) At a place where an official sign prohibits stopping or parking; O:\PUBLIC SAFETY\COMMON\AGENDA ITEMS\AGENDAS\2020\20-10-09 WORKSESSION - 2020-21 WINTER PARKING\13F5790-AMEND SEC 92-71; CHANGE WINTER (003).DOCX (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; O:\PUBLIC SAFETY\COMMON\AGENDA ITEMS\AGENDAS\2020\20-10-09 WORKSESSION - 2020-21 WINTER PARKING\13F5790-AMEND SEC 92-71; CHANGE WINTER (003).DOCX (y) On a street or highway in such a way as to obstruct the delivery of mail to a rural mailbox obstruct the delivery of mail to a rural mailbox by a carrier of the United States postal service; (z) In a place or in a manner that blocks the use of an alley; (aa) In a place or in a manner that blocks access to a space clearly designated as a fire lane; (LOl) On those streets that have been signed or marked for angle parking, a person shall not stop, stand, or park a vehicle other than at the angle to the curb or edge of the roadway indicated by the signs or markings. The front of the vehicle must be nearest the curb or edge of roadway and the rear of the vehicle nearest the travel portion of the roadway or parking area (no backing in); (LO2) A person shall not stand or park a vehicle in a roadway other than parallel with the edge of the roadway, headed in the direction of lawful traffic movement, and with the right hand wheels of the vehicle within 12 inches of the curb or edge of the roadway, except otherwise provided in this part; (LO3) A person shall not stop, stand, or park a vehicle other than a bus in a bus stop or other than a taxi cab in a taxi cab stand when the stop or stand has been officially designated and appropriately signed, except that the driver of a passenger vehicle may temporarily stop therein for the purpose of, and while actually engaged in, the expeditious loading or unloading of passengers, if the stopping does not interfere with any bus or taxi cab waiting to enter or about to enter the zone; (LO4) On unimproved side or front yards of residential lots; (LO5) Where a vehicle is abandoned as defined in MCL 257.252a or MCL 257.252b; (LO6) Other than between painted lines in designated parking areas; (LO7) Along or on any unpaved parkway, except where the same is used for a driveway to enter private or public property. Parking on the terrace (i.e., the area between the property line and the street) is permitted from December 1 through March 1 on those streets having allowed parking on only one side of the street, but not on the paved portion of the terrace; (LO8) In any public park, beach or other public area between the hours of 11:00 p.m. and 5:00 a.m.; (LO9) From December 1 through March 1 of each year where parking is currently allowed on both sides of the street, on street parking is modified as follows: (a) Parking is allowed on the side of the street with even numbered addresses on even numbered calendar days between the hours of 7:00 a.m. and 5:00 p.m. (b) Parking is allowed on the side of the street with odd numbered addresses on odd numbered calendar days between the hours of 7:00 a.m. and 5:00 p.m. O:\PUBLIC SAFETY\COMMON\AGENDA ITEMS\AGENDAS\2020\20-10-09 WORKSESSION - 2020-21 WINTER PARKING\13F5790-AMEND SEC 92-71; CHANGE WINTER (003).DOCX (c) Parking is allowed on both side of the street all days between the hours of 5:00 p.m. and 7:00 a.m. Excluding the downtown designated areas, where parking is currently allowed on one side of the street only, parking is allowed except between the hours of 2:00 a.m. and 6:00 a.m. In the downtown designated areas (a) Bounded by Shoreline Drive heading easterly from Seventh Street to Spring Street, heading southerly on Spring Street from Shoreline Drive to Apple Avenue, heading westerly on Apple Avenue from Spring Street to Muskegon Avenue, heading westerly on Muskegon Avenue from Apple Avenue to Ninth Street, and heading northerly on Ninth Street to Seventh Street, heading northerly on Seventh Street from Western Avenue to Shoreline Drive; and (b) on Third Street from Merrill Avenue to Muskegon Avenue Parking is allowed except between the hours of 12:00 a.m. and 7:00 a.m. except as permitted as follows. On the side of the street with even numbered addresses on even numbered calendar days, parking is allowed at all times. On the side of the street with odd numbered addresses on odd numbered calendar days, parking is allowed at all times. All signed parking restrictions apply all days of the week. This section applies to every portion of every block of every city street. (LO10) Commercial vehicle defined: "Commercial vehicle" includes all motor vehicles used for the transportation of passengers for hire, or constructed or used for transportation of goods, wares or merchandise, and/or all motor vehicles designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn: 1. No commercial vehicle shall be parked upon any street or alley for a period longer than two hours. 2. No commercial vehicle shall be parked at any angle to the line of the street or alley while loading or unloading for a period longer than one hour. 3. No commercial vehicle shall be parked at any angle to the line of the street or alley where such vehicle would prohibit the free flow of traffic. 4. No commercial vehicle shall be parked in residential areas. (LOl1) Special provisions relating to trailers and semitrailers: 1. No unattached trailer or semitrailer shall be parked on any street or alley at any time except when it is necessary to temporarily disconnect such trailer or semitrailer for convenience in loading or unloading. O:\PUBLIC SAFETY\COMMON\AGENDA ITEMS\AGENDAS\2020\20-10-09 WORKSESSION - 2020-21 WINTER PARKING\13F5790-AMEND SEC 92-71; CHANGE WINTER (003).DOCX 2. Streets in a business district may be designated on which no trailer shall be stopped, parked or allowed to stand between the hours of 10:00 a.m. and 6:00 p.m. 3. A person who violates this section is responsible for a civil infraction. (LO12) No vehicle shall display a "for sale" sign while parked on any public street or property; (LO13) No person shall drive or operate a motor vehicle in any area or place other than the public streets and roadways or other such areas so designated for the vehicular travel, and no person shall drive or operate a motor vehicle along or upon any unpaved parkway except where the same is used for a driveway to enter private or public property, nor shall any person drive or operate a motor vehicle in any public park beach or other public area, except in those areas designated for vehicular travel therein. (LO14) A person shall not allow a motor vehicle to stand on a highway or places open to the public unattended without engaging the parking brake or placing the vehicle in park, stopping the motor of the vehicle, and removing and taking possession of the ignition key. If the vehicle is standing upon a grade, the front wheels of the vehicle shall be turned to the curb or side of the highway. This section does not apply to a vehicle that is standing in a place and is equipped with a remote start feature, if the remote start feature is engaged. (LO15) Where a daily or a seasonal pass is required, as indicated in posted signs or notices, for a motor vehicle to park, no motor vehicle shall park in such a location without the daily pass belonging to that vehicle being prominently displayed on the motor vehicle’s front dashboard, the seasonal pass belonging to that vehicle being prominently affixed to the front windshield on the driver’s side, or a resident’s beach seasonal pass being prominently placed on the dashboard on the driver’s side. (2) A person shall not move a vehicle not owned by the person into a prohibited area or away from a curb a distance that makes the parking unlawful. (3) A bus, for the purpose of taking on or discharging passengers, may be stopped at a place described in subsection (l)(b), (d), or (f) or on the roadway side of a vehicle illegally parked in a legally designated bus loading zone. A bus, for the purpose of taking on or discharging a passenger, may be stopped at a place described in subsection (l)(n) if the place is posted by and appropriate bus stop sign, except that a bus shall not stop at such a place if the stopping is specifically prohibited by the responsible local authority, the state transportation department, or the director of the department of state police. (4) A person who violated this section is responsible for a civil infraction. 2. This Ordinance is to become effective ten (10) days after adoption. O:\PUBLIC SAFETY\COMMON\AGENDA ITEMS\AGENDAS\2020\20-10-09 WORKSESSION - 2020-21 WINTER PARKING\13F5790-AMEND SEC 92-71; CHANGE WINTER (003).DOCX 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. O:\PUBLIC SAFETY\COMMON\AGENDA ITEMS\AGENDAS\2020\20-10-09 WORKSESSION - 2020-21 WINTER PARKING\13F5790-AMEND SEC 92-71; CHANGE WINTER (003).DOCX CITY OF MUSKEGON NOTICE OF ADOPTION TO: ALL PERSONS INTERESTED Please take notice that on ___________________, 2020, the City Commission of the City of Muskegon amended Chapter 92, Article V of the Muskegon City Code, summarized as follows: 1. Section 92-71(LO9 is amended to permit parking during the winter in the downtown designated area at all times on the even numbered side on even calendar days and at all time on the odd numbered side on odd calendar days. Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours. This ordinance amendment is effective ten (10) days from the date of this publication. Published: _________________, 2020 CITY OF MUSKEGON By________________________ Ann Marie Meisch, MMC City Clerk ------------------------------------------------------------------------------------------------------------ PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE O:\CLERK\COMMON\WORD\AGENDA ITEMS FOR NEXT MEETING\2020\112420\13G2435-NOTICE OF ADIOTUIN; WINTER PAR.DOCX § 92-71 MUSKEGON CITY CODE (z) In a place or in a manner that blocks the allowed parking on only one side of the use of an alley; street, but not on the paved portion of the terrace; (aa) In a place or in a manner that blocks access to a space clearly designated as a (LO8) In any public park, beach or other fire lane; public area between the hours of 11:00 (LO1) On those streets that have been signed p.m. and 5:00 a.m.; or marked for angle parking, a person (L09) From December 1 through March 1 of shall not stop, stand, or park a vehicle each year where parking is currently other than at the angle to the curb or allowed on both sides of the street, on edge of the roadway indicated by the street parking is modified as follows: signs or markings. The front of the vehicle must be nearest the curb or edge of a) Parking is allowed on the side of the roadway and the rear of the vehicle street with even numbered addresses nearest the travel portion of the roadway on even numbered calendar days or parking area (no backing in); between the hours of 7:00 a.m. and 5:00 p.m. (LO2) A person shall not stand or park a vehicle in a roadway other than parallel b) Parking is allowed on the side of the with the edge of the roadway, headed in street with odd numbered addresses the direction of lawful traffic movement, on odd numbered calendar days and with the right hand wheels of the between the hours of 7:00 a.m. and vehicle within 12 inches of the curb or 5:00 p.m. edge of the roadway, except otherwise c) Parking is allowed on both sides of provided in this part; the street all days between the hours (LO3) A person shall not stop, stand, or park of 5:00 p.m. and 7:00 a.m. a vehicle other than a bus in a bus stop or Where parking is currently allowed on other than a taxi cab in a taxi cab stand one side of the street only, parking is when the stop or stand has been officially allowed except between the hours of 2:00 designated and appropriately signed, a.m. and 6:00 a.m. except that the driver of a passenger vehicle may temporarily stop therein for In the downtown business areas: the purpose of, and while actually engaged a) Bounded by Shoreline Drive head- in, the expeditious loading or unloading ing easterly from Seventh Street to of passengers, if the stopping does not Spring Street, heading southerly on interfere with any bus or taxi cab waiting Spring Street from Shoreline Drive to enter or about to enter the zone; to Apple Avenue, heading westerly (LO4) On unimproved side or front yards of on Apple Avenue from Spring Street residential lots; to Muskegon Avenue, heading westerly on Muskegon Avenue from (LO5) Within 50 feet of a public boat launch; Apple Avenue to Ninth Street, and (LO6) Other than between painted lines in heading northerly on Ninth Street designated parking areas; to Western Avenue, heading westerly on Western Avenue from Ninth (LO7) Along or on any unpaved parkway, Street to Seventh Street, heading except where the same is used for a northerly on Seventh Street from driveway to enter private or public Western Avenue to Shoreline Drive; property. Parking on the terrace (i.e., the and area between the property line and the street) is permitted from December 1 b) On Third Street from Merrill Avenue through March 1 on those streets having to Muskegon Avenue. Supp. No. 7 CD92:14 TRAFFIC AND VEHICLES § 92-71 Parking is allowed except between the 3. A person who violates this section is hours of 2:00 a.m. and 6:00 a.m. responsible for a civil infraction. All signed parking restrictions apply all (LO12) No vehicle shall display a for sale days of the week. sign while parked on any public street or This section applies to every portion of property; every block of every city street. (LO13) No person shall drive or operate a (LO10) Commercial vehicle defined: Com- motor vehicle in any area or place other mercial vehicle includes all motor vehicles than the public streets and roadways or used for the transportation of passengers other such areas so designated for the for hire, or constructed or used for vehicular travel, and no person shall transportation of goods, wares or drive or operate a motor vehicle along or merchandise, and/or all motor vehicles upon any unpaved parkway except where designed and used for drawing other the same is used for a driveway to enter vehicles and not so constructed as to private or public property, nor shall any carry any load thereon either person drive or operate a motor vehicle independently or any part of the weight in any public park beach or other public of a vehicle or load so drawn: area, except in those areas designated for vehicular travel therein. 1. No commercial vehicle shall be parked upon any street or alley for (2) A person shall not move a vehicle not a period longer than two hours. owned by the person into a prohibited area or away from a curb a distance that makes the 2. No commercial vehicle shall be parking unlawful. parked at any angle to the line of the street or alley while loading or (3) A bus, for the purpose of taking on or unloading for a period longer than discharging passengers, may be stopped at a one hour. place described in subsection (1)(b), (d), or (f) or 3. No commercial vehicle shall be on the roadway side of a vehicle illegally parked parked at any angle to the line of in a legally designated bus loading zone. A bus, the street or alley where such vehicle for the purpose of taking on or discharging a would prohibit the free flow of traf- passenger, may be stopped at a place described fic. in subsection (1)(n) if the place is posted by and appropriate bus stop sign, except that a bus shall 4. No commercial vehicle shall be not stop at such a place if the stopping is parked in residential areas. specifically prohibited by the responsible local (LO11) Special provisions relating to trailers authority, the state transportation department, and semitrailers: or the director of the department of state police. 1. No unattached trailer or semitrailer (4) A person who violated this section is shall be parked on any street or responsible for a civil infraction. alley at any time except when it is (LO14) A person shall not allow a motor necessary to temporarily disconnect vehicle to stand on a highway or places such trailer or semitrailer for open to the public unattended without convenience in loading or unload- engaging the parking brake or placing ing. the vehicle in park, stopping the motor of 2. Streets in a business district may the vehicle, and removing and taking be designated on which no trailer possession of the ignition key. If the shall be stopped, parked or allowed vehicle is standing upon a grade, the to stand between the hours of 10:00 front wheels of the vehicle shall be turned a.m. and 6:00 p.m. to the curb or side of the highway. This Supp. No. 7 CD92:15 § 92-55 MUSKEGON CITY CODE for the purpose of repairing the vehicle; against the property and collected in the manner provided that the location of the vehicle of real property taxes, and shall constitute a does not violate the zoning ordinance. valid tax lien against the premises if unpaid. (4) One seasonal vehicle; provided that it (d) Any person who violates or fails to comply must be currently licensed, and, if it is with the provisions of this article shall be not currently licensed, it must be stored responsible for a municipal civil infraction. Each in a legally erected building as described act in violation of any of the provisions thereof in subsection (b)(l) of this section. shall be deemed a separate municipal civil infrac- (Ord. No. 2038, § 12-58, 12-12-2000) tion. In connection with and in addition to the municipal civil infraction, the city may request supplemental relief and/or other remedies as Sec. 92-56. Notice of violation; removal; available to the city. Municipal civil infraction impounding; penalty. penalties shall be as set forth in the schedule of municipal civil infraction fines in section 46-204. (a) Whenever any junk vehicle is found, a (Ord. No. 2038, § 12-59, 12-12-2000) written notice shall be delivered in person or by first class mail to the owner of the junk vehicle Secs. 92-57-92-70. Reserved. and the owner or occupant of the private property on which the vehicle is located. An additional notice shall be affixed to a conspicuous part of ARTICLE V. LOCAL PARKING the vehicle. The notice shall describe the viola- RESTRICTIONS tion of this article and shall require the removal of the violation within seven days. If the viola- Sec. 92-71. Parking restrictions. tion is observed to exist after seven days, a municipal civil infraction ticket for such viola- (1) A vehicle shall not be parked, except if tion may be issued. The city may determine, necessary to avoid conflict with other traffic or in with appropriate authority, such as a court order compliance with the law or the directions of a or the property owner or occupant's permission police officer or traffic-control device, in any of or failure to respond to the notice, to peaceably the following places: enter the property to correct the violation, includ- (a) On a sidewalk; ing removal or impounding of the vehicle at a disposal site. (b) In front of a public or private driveway; (c) Within an intersection; (b) If a vehicle is removed and impounded by the city at a location where there will be impound- (d) Within 15 feet of a fire hydrant; ing fees or charges, it shall give appropriate or (e) On a crosswalk; required notice to the registered owner of the vehicle and to the state; provided that the notice (f) Within 20 feet of a crosswalk, or if there shall not designate the vehicle as abandoned. is not a crosswalk then, within 15 feet of The notice shall indicate that the vehicle will be the intersection of property lines at an disposed of by sale if the owner fails to redeem intersection of highways; the vehicle by paying any charges or fees (g) Within 30 feet of the approach to a occasioned by the removal, impounding or stor- flashing beacon, stop sign, or traffic control age of the vehicle. signal located at the side of a highway; (c) The direct cost of any enforcement action, (h) Between a safety zone and the adjacent including a 15 percent surcharge for overhead curb or within 30 feet of a point on the and indirect costs, shall be charged to the owner curb immediately opposite the end of a or occupant of the property, as well as any owner safety zone, unless a different length is of the vehicle, and in addition shall be levied indicated by an official sign or marking; Supp. No. 3 CD92:12 § 92-71 MUSKEGON CITY CODE section does not apply to a vehicle that is on any street during a declared snow standing in a place and is equipped with emergency and to transport the same to a remote start feature, if the remote start an impound facility designated by the feature is engaged. city. Towing, storage and impound fees (Ord. No. 2331, 12-9-2014; Ord. No. 2350, 3-22- shall be charged to the owner of the 2016; Ord. No. 2376, 9-26-2017; Ord. No. 2394, vehicle and/or trailer impounded. All §§ 1, 2, 12-11-2018; Ord. No. 2396, § 1, 12-18- impounding fees shall be paid prior to 2018; Ord. No. 2397, § 1, 12-18-2018) the return of the vehicle or trailer to the State law references—Uniform Traffic Code, MCL owner. 257.951 et seq.; Michigan Vehicle Code, MCL 257.1 et seq. (c) In addition to liability for towing, storage Sec. 92-72. Snow emergency. and any other impound fees related to removal of a vehicle and/or trailer from (1) No parking during snow emergency. Except the street during a declared snow as otherwise provided in this article, no person emergency, the registered owner and/or shall park any vehicle and/or trailer on any driver of such vehicle may be ticketed for street during a declared snow emergency. Permits violation of this article. Such a violation for on-street parking issued under any ordinance shall constitute a civil infraction. or authority of the city shall not be valid during a declared snow emergency. (4) Termination. (2) Declaration of emergency. (a) Whenever the mayor, or in the absence of the mayor the vice mayor, or in the (a) In the interest of the public health, safety absence of both then the city manager, and welfare and at the request of appropri- finds the conditions which gave rise to a ate municipal staff, the mayor or, in snow emergency no longer exist, it shall his/her absence, the vice mayor or, if be terminated by notice given neither are available, the city manager substantially in the same manner it was may declare a snow emergency whenever declared. ice or snow has accumulated or is significantly likely to accumulate to such (b) In the absence of an official termination an extent as to impede safe travel upon of the snow emergency, the parking the city streets. prohibition shall be lifted on those streets where the city has completed snow plow- (b) Upon declaration of a snow emergency, ing from curb to curb for the length the city's designated representative shall thereof lying between two successive street immediately publicize the snow emergency intersections and the snow or sleet has and parking prohibition in a manner stopped. reasonably calculated to inform the public of the requirements of this article. The (c) In the absence of (a) or (b) above, the snow emergency shall be effective six snow emergency shall terminate automati- hours after its initial declaration and cally 48 hours after the effective time of publication. the declaration unless the emergency has been extended and notice of said (3) Time limit for removal of parked vehicle— extension has been given in substantially Impoundment conditions and penalties. the same manner the emergency was (a) Within six hours of the declaration of the first declared. snow emergency, any motor vehicle or (5) Presumption that owner parked vehicle or trailer on any street, road or avenue trailer. In any proceeding for a violation of this within the city shall be removed. chapter, proof that the motor vehicle or trailer (b) The city is hereby authorized to remove described in the complaint was parked in viola- any vehicle and/or trailer which is parked tion of such chapter, together with proof that the Supp. No. 7 CD92:16 TRAFFIC AND VEHICLES § 92-71 (i) Within 50 feet of the nearest rail of a (ii) A special registration plate issued railroad crossing; under section 803d of the Michigan (j) Within 20 feet of the driveway entrance Vehicle Code to a disabled person. to any fire station and on the side of the (iii) A similar certificate of identifica- street opposite the entrance to any fire tion or windshield placard issued by station within 75 feet of the entrance if another state to a disabled person. properly marked by an official sign; (iv) A similar special registration plate (k) Alongside or opposite any street excava- issued by another state to a disabled tion or obstruction, if the stopping, stand- person. ing, or parking would obstruct traffic; (v) A special registration plate to which (l) On the roadway side of a vehicle stopped a tab for persons with disabilities is or parked at the edge or curb of a street; attached issued under this act. (m) Upon a bridge or other elevated highway (t) In a clearly identified access aisle or structure or within a highway tunnel; access lane immediately adjacent to a (n) At a place where an official sign prohibits space designated for parking by persons stopping or parking; with disabilities; (o) Within 500 feet of an accident at which a (u) On a street or other area open to the police officer is in attendance, if the parking of vehicles that results in the scene of the accident is outside of a city vehicle interfering with the use of a or village; curb-cut or ramp by persons with dis- (p) In front of a theater; abilities; (q) In a place or in a manner that blocks (v) Within 500 feet of a fire at which fire immediate egress from an emergency apparatus is in attendance, if the scene exit conspicuously marked as an of the fire is outside a city or village. emergency exit of a building; However, volunteer fire fighters respond- (r) In a place or in a manner that blocks or ing to the fire may park within 500 feet hampers the immediate use of an immedi- of the fire in a manner not to interfere ate egress from a fire escape conspicu- with fire apparatus at the scene. A vehicle ously marked as a fire escape providing parked legally previous to the fire is an emergency means of egress form a exempt from this subdivision; building; (w) In violation of an official sign restricting (s) In a parking space clearly identified by the period of time for a manner of park- an official sign as being reserved for use ing; by disabled persons that is on public property or private property available for (x) In a space controlled or regulated by a public use, unless the individual is a meter on a public highway or in a publicly disabled person as described in section owned parking area or structure, if the 19a of the Michigan Vehicle Code or allowable time for parking indicated on unless the individual is parking the vehicle the meter has expired, unless the vehicle for the benefit of a disabled person. In properly displays one or more of the order for the vehicle to be parked in the items listed in section 675(8) of the parking space the vehicle shall display Michigan Vehicle Code; one of the following: (y) On a street or highway in such a way as (i) A certificate of identification or to obstruct the delivery of mail to a rural windshield placard issued under sec- mailbox obstruct the delivery of mail to a tion 675 of the Michigan Vehicle rural mailbox by a carrier of the United Code to a disabled person. States postal service; Supp. No. 7 CD92:13 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: October 27, 2020 Title: Ramos Towing Agreement Submitted By: Jeffrey Lewis Department: Public Safety Brief Summary: Extension of the current contract with Ramos Towing for (2) two years. The next renewal date will be January 1st 2023. No changes to the current service and fee schedule is expected during the 24 (twenty-four) month extension. Detailed Summary: Amount Requested: Per service rendered Amount Budgeted: Fund(s) or Account(s): 101-40301-5346 Fund(s) or Account(s): Recommended Motion: Approve a 24 (twenty-four) month service agreement with Ramos Towing. Check if the following Departments need to approve the item first: Police Dept. ☒ Fire Dept. ☐ IT Dept. ☐ For City Clerk Use Only: Commission Action: Agenda Item Review Form Muskegon City Commission Commission Meeting Date: 11-24-2020 Title: Social District Permit recommendation Submitted By: Dave Alexander Department: Economic Development Brief Summary: The City Commission must recommend approval of the Michigan Liquor Control Commission permits of participating licensed establishments in the Downtown Muskegon Social District. Detailed Summary: With the establishment of the Downtown Muskegon Social District, participating licensed establishments must receive a Social District permit from the Michigan Liquor Control Commission. The MLCC must first receive a recommendation for approval from the City Commission before granting the permits. You handled the initial eight such requests at your Aug. 25 and Sept. 8 meetings. The attached resolution is for Ingalls Business AQ (dba Mike’s Inn) which is also seeking a Social District permit from the state and seeking City Commission recommended approval. The Social District plan identifies 22 potential participating licensees within the district. Other licensed establishments may file a Social District permit application in the future. Amount Requested: None Amount Budgeted: Fund(s) or Account(s): Fund(s) or Account(s): Recommended Motion: To approve the resolution recommending Michigan Liquor Control Commission approval of Social District permits in the Downtown Muskegon Social District and to direct the City Clerk to certify the City Commission action with the MLCC. Check if the following Departments need to approve the item first: Police Dept. Fire Dept. IT Dept. For City Clerk Use Only: Commission Action: RESOLUTION RECOMMENDING DOWNTOWN MUSKEGON SOCIAL DISTRICT PERMIT APPLICATON APPROVAL City of Muskegon County of Muskegon, Michigan Minutes of a Regular Meeting of the City Commission of the City of Muskegon, County of Muskegon, Michigan (the “City”), held virtually and at Muskegon City Hall, 933 Terrace, Muskegon, MI 49440 on the 24th day of November, 2020 at 5:30 p.m., prevailing Eastern Time. PRESENT: ABSENT: The following preamble and resolution were offered by Commissioner ___________________ and supported by Commissioner __________________. WHEREAS, in accordance with Public Act 124 of 2020 on the establishment of Social Districts within a Michigan city; and WHEREAS, COVID-19 pandemic has caused unprecedented economic disruption worldwide and within our local business community; and WHEREAS, restaurants and bars, which have been key contributors to the historic redevelopment of Downtown Muskegon, have been and will continue to be hard hit by the economic impact of the pandemic; and WHEREAS, increasing availability of outdoor spaces for dining and drinking will help downtown and its businesses recover; and WHEREAS, Public Act 124 of 2020 empowers local governments like the City of Muskegon to enhance its downtowns with Social Districts and accompanying Common Areas where purchasers may consume and possess alcoholic beverages sold by multiple qualified Michigan Liquor Commission licensees who obtain Social District Permits; and WHEREAS, the City Commission has designated a Downtown Muskegon Social District and Common Area, and WHEREAS, the city has received requests from multiple qualified licensees to recommend approval of their Social District Permit applications by the Michigan Liquor Control Commission, and WHEREAS, the licensed establishments are contiguous to the Common Area within the Social District, and WHEREAS, the City Commission desires to recommend approval of the Social District Permit applications, NOW, THEREFORE, BE IT RESOLVED THAT: 1. The Social District Permit Applications from the following licensees are recommended by the City Commission to consideration and approval by the Michigan Liquor Control Commission: a. Ingalls Business AQ (dba Mike’s Inn), 555 W. Western Ave, Muskegon, 49441. b. 2. The City Clerk is authorized and directed to provide each applicant with a certification of this action in the form specified by the Michigan Liquor Control Commission. AYES: NAYS: RESOLUTION DECLARED APPROVED. Stephen J Gawron, Mayor Ann Marie Meisch, City Clerk I hereby certify that the foregoing is a true and complete copy of a resolution adopted by the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a regular meeting held on November 24, 2020 and that said meeting was conducted and public notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, in addition to Public Act 228 of 2020, and that the minutes of said meeting were kept and will be or have been made available as required by said Acts. Ann Marie Meisch, City Clerk Agenda Item Review Form Muskegon City Commission Commission Meeting Date: November 24, 2020 Title: MERS Defined Benefit Plan Adoption Agreements Addendum Submitted By: Beth Lewis Department: Finance Brief Summary: MERS of Michigan our Pension Plan Administrator is asking all clients to complete and update plan adoption agreement so they can ensure the details of our plans are accurately documented. Staff is asking for your approval of the Defined Benefit Plan Agreement Addendums presented. Detailed Summary: MERS of Michigan is asking the City of Muskegon to review and update our Defined Benefit Plan Adoption Agreements for each of our six divisions, Non Union, Clerical, 517m DPW, Police Patrol, Police Command and Fire. I have attached the Plan Adoption Agreement Addendums for each division. Please note we have not changed any of the provisions of our plans, this is a MERS request so they can ensure accuracy. Please note that the Addendums for our Defined Contribution Plans will be bought to you at our next meeting. Amount Requested: N/A Amount Budgeted: Fund(s) or Account(s): Fund(s) or Account(s): Recommended Motion: To approve the MERS Defined Benefit Plan Adoption Agreement Addendums as presented. Check if the following Departments need to approve the item first: Police Dept. Fire Dept. IT Dept. For City Clerk Use Only: Commission Action: DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD Defined Benefit Plan Adoption Agreement Addendum 1134 Municipal Way Lansing, MI 48917 | 800.767.MERS (6377) | Fax 517.703.9711 www.mersofmich.com The employer, a participating municipality or court within the state of Michigan, hereby agrees to adopt and administer the MERS Defined Benefit (DB) Plan provided by the Municipal Employees’ Retirement System of Michigan, as authorized by 1996 PA 220, in accordance with MERS Plan Document, as both may be amended, subject to the terms and conditions herein. I. Effective Date The effective date shall be the first day of January, 2021. II. Employer name ____________________________________________________________________________ Muskegon, City of Municipality number _____________ 611601 This is an amendment of the existing Adoption Agreement for the MERS Defined Benefit. Any changes to plan provisions apply to employees in the division on the effective date, as well as to new hires ongoing. Definitions will apply for all service accrued after the effective date. 61160101 Division number _____________ Division name on file with MERS _____________________________________________________________ NonUnion Gen III. Plan Eligibility Only those employees eligible for MERS membership may participate in the MERS Defined Benefit. If an employee classification is included in the plan, then employees that meet this definition will receive service credit if they work the required number of hours to meet the service credit qualification defined below. All eligible employees must be reported to MERS. Using your Division Name above, expand on the employee classifications that are eligible to participate in MERS. For example, if Division is “General,” please insert specific classifications that are eligible for MERS such as “Clerical Staff,” “Elected Officials,” “Library Director,” etc.: Administrative Assistants, Department Heads, Supervisory Staff, Information Technology employees ___________________________________________________________________________________________ Employee classification contains public safety employees: Yes X No Public safety employees include: law enforcement, parole and probation officers, employees responsible for emergency response (911 dispatch, fire service, paramedics, etc.), public works, and other skilled support personnel (equipment operators, etc.). DB-000 (version 2020-09-10) Page 1 of 6 DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD Defined Benefit Plan Adoption Agreement Addendum EMPLOYER NAME: DIV: Muskegon, City of 61160101 If you elect to include a special classification (chart below), then the employee will be required to meet the Service Credit Qualification as defined under section IV (Provisions) in order to earn a month of service. Excluded classification will require additional information below. To further define eligibility (select all that apply): Not Employee Classification Included Excluded Employed Temporary Employees: Those who will work for the municipality fewer than _____ 12 X months in total. Part-Time Employees: Those who regularly work fewer than _______ 1300 per _______. year X Seasonal Employees: Those who will work for the municipality X from __________ to __________ only. Voter-Elected Officials X Appointed Officials: An official appointed to a voter-elected office. X Contract Employees X Probationary Periods (select one): Service will begin after the probationary period has been satisfied. Probationary periods are allowed in one-month increments, no longer than 12 months. During this probationary period, the employer will not report or provide service. The probationary period will be ______ month(s). Comments: X Service will begin with the employee’s date of hire (no Probationary Period). Effective with the date of hire, wages paid and any associated contributions must be submitted to MERS. DB-000 (version 2020-09-10) Page 2 of 6 DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD Defined Benefit Plan Adoption Agreement Addendum EMPLOYER NAME: Muskegon, City of DIV: 61160101 IV. Provisions 1. Service Credit Qualification To clarify how eligible employees earn service credit, please indicate how many hours per month an eligible employee needs to work. For example, if you require 10 eight-hour days, this would be 80 hours per month. If an ‘hour per day’ has been defined (like ten 7-hour days), electing 70 hours will be required. Employees must meet the definition of Plan Eligibility in order to earn service credit under the plan. To receive one month of service credit, an employee shall work (or be paid for as if working) _________ 150 hours in a month. 2. Leaves of Absence Indicate by checking the boxes below, whether the potential for service credit will be allowed if an eligible employee is on one of the following types of leave, regardless of meeting the service credit qualification criteria. Regardless whether an eligible employee is awarded service credit while on the selected type(s) of leave: • MERS will skip over these months when determining the FAC amount for benefit calculations. • Third-party wages are not reported for leaves of absence. • Employers are not required to remit employer contributions based on leaves of absence when no wages are paid by the employer. However, an employer may submit additional voluntary contributions for the period of the leave in an amount determined by the employer. • For contributory divisions, employee contributions are required for service credit to be retained. Employee contributions will be collected based on the Service Credit Qualification. Employers will calculate employee contributions due using the employee’s current hourly rate (prior to leave). For example if 120 hours is required for service credit, then employee contributions shall be equal to 120 hours times the employee’s hourly rate. Employees have three times the length of leave, to a maximum of five years, to pay required employee contributions. Leaves of absence are required to be reported to MERS, including the employee’s start and end date per month, along with the employee’s hourly rate. Type of Leave Service Credit Service Credit Granted Excluded Short- and Long-Term Disability X Workers’ Compensation X Unpaid Family Medical Leave Act (FMLA) X Other: _________________________________________________________ X For example, sick and accident, administrative, educational, sabbatical, etc. Other 2: _______________________________________________________ pd medical, admin leaves X Additional leave types as above Leaves of absence due to military service are governed by the Federal Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), IRC 414(u), effective January 1, 2007, IRC 401(a)(37). DB-000 (version 2020-09-10) Page 3 of 6 DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD Defined Benefit Plan Adoption Agreement Addendum EMPLOYER NAME: DIV: Muskegon, City of 61160101 3. Definition of Compensation The Definition of Compensation is used to calculate a participant’s final average compensation and is used in determining both employer and employee contributions. Wages paid to employees, calculated using the elected definition, must be reported to MERS. Select your Definition of Compensation here. If you choose to customize your definition, skip this table and proceed to page 5. Base Wages Box 1 Wages Gross Wages Types of Compensation Regular Wages All Regular Wages All Regular Wages All Regular Wages Salary or hourly wage X hours included included included PTO used (sick, vacation, personal, bereavement, holiday leave, or unclassified) On-call pay Other Wages Excluded All Other Wages All Other Wages Shift differentials included included Overtime Severance issued over time (weekly/bi-weekly) Lump Sum Payments Excluded All Lump Sum All Lump Sum PTO cash-out Payments included Payments included Longevity Bonuses Merit pay Job certifications Educational degrees Moving expenses Sick payouts Severance (if issued as lump sum) Taxable Payments Excluded All Taxable All Taxable Travel through a non-accountable plan (i.e. mileage not tracked for reimbursement) Payments included Payments included Prizes, gift cards Personal use of a company car Car allowance Reimbursement of Nontaxable Expenses (as defined by the IRS) Excluded Excluded Excluded Gun, tools, equipment, uniform Phone Fitness Mileage reimbursement Travel through an accountable plan (i.e. tracking mileage for reimbursement) Types of Deferrals Elective Deferrals of Employee Premiums/Contributions All Elective Excluded All Elective Deferrals 457 employee and employer contributions Deferrals included included 125 cafeteria plan, FSAs and HSAs IRA contributions Types of Benefits Nontaxable Fringe Benefits of Employees All Nontaxable Excluded All Nontaxable Health plan, dental, vision benefits Fringe Benefits Fringe Benefits Workers compensation premiums included included Short- or Long-term disability premiums Group term or whole life insurance < $50,000 Mandatory Contributions All Mandatory Excluded All Mandatory Defined Benefit employee contributions Contributions Contributions MERS Health Care Savings Program employee contributions included included Taxable Fringe Benefits Excluded Excluded All Taxable Fringe Clothing reimbursement Benefits included Stipends for health insurance opt out payments Group term life insurance > $50,000 Other Benefits / Lump Sum Payments Excluded Excluded All Other Lump Sum Workers compensation settlement payments Benefits included DB-000 (version 2020-09-10) Page 4 of 6 DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD Defined Benefit Plan Adoption Agreement Addendum EMPLOYER NAME: DIV: Muskegon, City of 61160101 SKIP THIS TABLE if you selected one of the standard definitions of compensation on page 4. X CUSTOM: If you choose this option, you must select boxes in each section you would like to include in your Definition of Compensation. You will be responsible for additional reporting details to track custom definitions. Types of Compensation Regular Wages X Salary or hourly wage X hours X On-call pay X PTO used (sick, vacation, personal, bereavement, holiday leave, or unclassified) Other: ______________________________________________________ Other Wages apply: YES X NO X X Severance issued over time (weekly/bi-weekly) Shift differentials Overtime Other: ______________________________________________________ Lump Sum Payments apply: YES X NO X PTO cash-out X Educational degrees X Longevity Moving expenses X Bonuses X Sick payouts X Merit pay X Severance (if issued as lump sum) X Job certifications Other: ______________________________________________________ Taxable Payments apply: YES X NO Travel through a non-accountable plan (i.e. mileage not tracked for reimbursement) Prizes, gift cards X Car allowance Personal use of a company car Other: ______________________________________________________ Reimbursement of Nontaxable Expenses (as defined by the IRS) apply: YES NO X Gun, tools, equipment, uniform Mileage reimbursement Phone Travel through an accountable plan (i.e. tracking mileage for reimbursement) Fitness Other: ______________________________________________________ Types of Deferrals Elective Deferrals of Employee Premiums/Contributions apply: YES X NO X 457 employee and employer contributions IRA contributions X 125 cafeteria plan, FSAs and HSAs Other: ______________________________________________________ Types of Benefits Nontaxable Fringe Benefits of Employees apply: YES NO X Health plan, dental, vision benefits Workers compensation premiums Group term or whole life insurance < $50,000 Short- or Long-term disability premiums Other: ______________________________________________________ Mandatory Contributions apply: YES X NO X Defined Benefit employee contributions X MERS Health Care Savings Program employee contributions Other: ______________________________________________________ Taxable Fringe Benefits apply: YES X NO Clothing reimbursement Group term life insurance > $50,000 X Stipends for health insurance opt out payments Other: ______________________________________________________ Other Benefits / Lump Sum Payments apply: YES NO X Workers compensation settlement payments Other: ______________________________________________________ DB-000 (version 2020-09-10) Page 5 of 6 DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD Defined Benefit Plan Adoption Agreement Addendum EMPLOYER NAME: Muskegon, City of DIV: 61160101 V. Execution: Authorized Designee of Governing Body of Municipality or Chief Judge of Court This foregoing Addendum is hereby approved by City of Muskegon at a Board Meeting which took place on: __________________ 11/24/2020 (mm/dd/yyyy) Authorized Signature: ______________________________________________________________________ Printed Name: _____________________________________________________________________________ Title: ______________________________________________________________________________________ Date: __________________ DB-000 (version 2020-09-10) Page 6 of 6 DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD Defined Benefit Plan Adoption Agreement Addendum 1134 Municipal Way Lansing, MI 48917 | 800.767.MERS (6377) | Fax 517.703.9711 www.mersofmich.com The employer, a participating municipality or court within the state of Michigan, hereby agrees to adopt and administer the MERS Defined Benefit (DB) Plan provided by the Municipal Employees’ Retirement System of Michigan, as authorized by 1996 PA 220, in accordance with MERS Plan Document, as both may be amended, subject to the terms and conditions herein. I. Effective Date The effective date shall be the first day of January, 2021. II. Employer name ____________________________________________________________________________ Muskegon, City of Municipality number _____________ 611601 This is an amendment of the existing Adoption Agreement for the MERS Defined Benefit. Any changes to plan provisions apply to employees in the division on the effective date, as well as to new hires ongoing. Definitions will apply for all service accrued after the effective date. Division number _____________ 61160111 Division name on file with MERS _____________________________________________________________ Clerical III. Plan Eligibility Only those employees eligible for MERS membership may participate in the MERS Defined Benefit. If an employee classification is included in the plan, then employees that meet this definition will receive service credit if they work the required number of hours to meet the service credit qualification defined below. All eligible employees must be reported to MERS. Using your Division Name above, expand on the employee classifications that are eligible to participate in MERS. For example, if Division is “General,” please insert specific classifications that are eligible for MERS such as “Clerical Staff,” “Elected Officials,” “Library Director,” etc.: Clerical Staff ___________________________________________________________________________________________ Employee classification contains public safety employees: Yes X No Public safety employees include: law enforcement, parole and probation officers, employees responsible for emergency response (911 dispatch, fire service, paramedics, etc.), public works, and other skilled support personnel (equipment operators, etc.). DB-000 (version 2020-09-10) Page 1 of 6 DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD Defined Benefit Plan Adoption Agreement Addendum EMPLOYER NAME: DIV: Muskegon, City of 61160111 If you elect to include a special classification (chart below), then the employee will be required to meet the Service Credit Qualification as defined under section IV (Provisions) in order to earn a month of service. Excluded classification will require additional information below. To further define eligibility (select all that apply): Not Employee Classification Included Excluded Employed Temporary Employees: Those who will work for the municipality fewer than _____ 12 X months in total. Part-Time Employees: Those who regularly work fewer than _______ 1664 per _______. year X Seasonal Employees: Those who will work for the municipality X from __________ to __________ only. Voter-Elected Officials X Appointed Officials: An official appointed to a voter-elected office. X Contract Employees X Probationary Periods (select one): Service will begin after the probationary period has been satisfied. Probationary periods are allowed in one-month increments, no longer than 12 months. During this probationary period, the employer will not report or provide service. The probationary period will be ______ month(s). Comments: X Service will begin with the employee’s date of hire (no Probationary Period). Effective with the date of hire, wages paid and any associated contributions must be submitted to MERS. DB-000 (version 2020-09-10) Page 2 of 6 DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD Defined Benefit Plan Adoption Agreement Addendum EMPLOYER NAME: Muskegon, City of DIV: 61160111 IV. Provisions 1. Service Credit Qualification To clarify how eligible employees earn service credit, please indicate how many hours per month an eligible employee needs to work. For example, if you require 10 eight-hour days, this would be 80 hours per month. If an ‘hour per day’ has been defined (like ten 7-hour days), electing 70 hours will be required. Employees must meet the definition of Plan Eligibility in order to earn service credit under the plan. To receive one month of service credit, an employee shall work (or be paid for as if working) _________ 150 hours in a month. 2. Leaves of Absence Indicate by checking the boxes below, whether the potential for service credit will be allowed if an eligible employee is on one of the following types of leave, regardless of meeting the service credit qualification criteria. Regardless whether an eligible employee is awarded service credit while on the selected type(s) of leave: • MERS will skip over these months when determining the FAC amount for benefit calculations. • Third-party wages are not reported for leaves of absence. • Employers are not required to remit employer contributions based on leaves of absence when no wages are paid by the employer. However, an employer may submit additional voluntary contributions for the period of the leave in an amount determined by the employer. • For contributory divisions, employee contributions are required for service credit to be retained. Employee contributions will be collected based on the Service Credit Qualification. Employers will calculate employee contributions due using the employee’s current hourly rate (prior to leave). For example if 120 hours is required for service credit, then employee contributions shall be equal to 120 hours times the employee’s hourly rate. Employees have three times the length of leave, to a maximum of five years, to pay required employee contributions. Leaves of absence are required to be reported to MERS, including the employee’s start and end date per month, along with the employee’s hourly rate. Type of Leave Service Credit Service Credit Granted Excluded Short- and Long-Term Disability X Workers’ Compensation X Unpaid Family Medical Leave Act (FMLA) X Other: _________________________________________________________ X For example, sick and accident, administrative, educational, sabbatical, etc. Other 2: _______________________________________________________ pd sick or medical leave, admin leave X Additional leave types as above Leaves of absence due to military service are governed by the Federal Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), IRC 414(u), effective January 1, 2007, IRC 401(a)(37). DB-000 (version 2020-09-10) Page 3 of 6 DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD Defined Benefit Plan Adoption Agreement Addendum EMPLOYER NAME: DIV: Muskegon, City of 61160111 3. Definition of Compensation The Definition of Compensation is used to calculate a participant’s final average compensation and is used in determining both employer and employee contributions. Wages paid to employees, calculated using the elected definition, must be reported to MERS. Select your Definition of Compensation here. If you choose to customize your definition, skip this table and proceed to page 5. Base Wages Box 1 Wages Gross Wages Types of Compensation Regular Wages All Regular Wages All Regular Wages All Regular Wages Salary or hourly wage X hours included included included PTO used (sick, vacation, personal, bereavement, holiday leave, or unclassified) On-call pay Other Wages Excluded All Other Wages All Other Wages Shift differentials included included Overtime Severance issued over time (weekly/bi-weekly) Lump Sum Payments Excluded All Lump Sum All Lump Sum PTO cash-out Payments included Payments included Longevity Bonuses Merit pay Job certifications Educational degrees Moving expenses Sick payouts Severance (if issued as lump sum) Taxable Payments Excluded All Taxable All Taxable Travel through a non-accountable plan (i.e. mileage not tracked for reimbursement) Payments included Payments included Prizes, gift cards Personal use of a company car Car allowance Reimbursement of Nontaxable Expenses (as defined by the IRS) Excluded Excluded Excluded Gun, tools, equipment, uniform Phone Fitness Mileage reimbursement Travel through an accountable plan (i.e. tracking mileage for reimbursement) Types of Deferrals Elective Deferrals of Employee Premiums/Contributions All Elective Excluded All Elective Deferrals 457 employee and employer contributions Deferrals included included 125 cafeteria plan, FSAs and HSAs IRA contributions Types of Benefits Nontaxable Fringe Benefits of Employees All Nontaxable Excluded All Nontaxable Health plan, dental, vision benefits Fringe Benefits Fringe Benefits Workers compensation premiums included included Short- or Long-term disability premiums Group term or whole life insurance < $50,000 Mandatory Contributions All Mandatory Excluded All Mandatory Defined Benefit employee contributions Contributions Contributions MERS Health Care Savings Program employee contributions included included Taxable Fringe Benefits Excluded Excluded All Taxable Fringe Clothing reimbursement Benefits included Stipends for health insurance opt out payments Group term life insurance > $50,000 Other Benefits / Lump Sum Payments Excluded Excluded All Other Lump Sum Workers compensation settlement payments Benefits included DB-000 (version 2020-09-10) Page 4 of 6 DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD Defined Benefit Plan Adoption Agreement Addendum EMPLOYER NAME: DIV: Muskegon, City of 61160111 SKIP THIS TABLE if you selected one of the standard definitions of compensation on page 4. X CUSTOM: If you choose this option, you must select boxes in each section you would like to include in your Definition of Compensation. You will be responsible for additional reporting details to track custom definitions. Types of Compensation Regular Wages X Salary or hourly wage X hours X On-call pay PTO used (sick, vacation, personal, bereavement, holiday leave, or unclassified) Other: ______________________________________________________ Other Wages apply: YES X NO X Shift differentials X Severance issued over time (weekly/bi-weekly) Overtime Other: ______________________________________________________ Lump Sum Payments apply: YES X NO X PTO cash-out X Educational degrees X Longevity Moving expenses X Bonuses X Sick payouts X Merit pay X Severance (if issued as lump sum) X Job certifications Other: ______________________________________________________ Taxable Payments apply: YES X NO Travel through a non-accountable plan (i.e. mileage not tracked for reimbursement) Prizes, gift cards X Car allowance X Personal use of a company car Other: ______________________________________________________ Reimbursement of Nontaxable Expenses (as defined by the IRS) apply: YES NO X Gun, tools, equipment, uniform Mileage reimbursement Phone Travel through an accountable plan (i.e. tracking mileage for reimbursement) Fitness Other: ______________________________________________________ Types of Deferrals Elective Deferrals of Employee Premiums/Contributions apply: YES X NO X 457 employee and employer contributions IRA contributions X 125 cafeteria plan, FSAs and HSAs Other: ______________________________________________________ Types of Benefits Nontaxable Fringe Benefits of Employees apply: YES NO X Health plan, dental, vision benefits Workers compensation premiums Group term or whole life insurance < $50,000 Short- or Long-term disability premiums Other: ______________________________________________________ Mandatory Contributions apply: YES X NO X Defined Benefit employee contributions X MERS Health Care Savings Program employee contributions Other: ______________________________________________________ Taxable Fringe Benefits apply: YES X NO Clothing reimbursement Group term life insurance > $50,000 X Stipends for health insurance opt out payments Other: ______________________________________________________ Other Benefits / Lump Sum Payments apply: YES NO X Workers compensation settlement payments Other: ______________________________________________________ DB-000 (version 2020-09-10) Page 5 of 6 DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD Defined Benefit Plan Adoption Agreement Addendum EMPLOYER NAME: Muskegon, City of DIV: 61160111 V. Execution: Authorized Designee of Governing Body of Municipality or Chief Judge of Court This foregoing Addendum is hereby approved by City of Muskegon at a Board Meeting which took place on: __________________ 11/24/2020 (mm/dd/yyyy) Authorized Signature: ______________________________________________________________________ Printed Name: _____________________________________________________________________________ Title: ______________________________________________________________________________________ Date: __________________ DB-000 (version 2020-09-10) Page 6 of 6 DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD Defined Benefit Plan Adoption Agreement Addendum 1134 Municipal Way Lansing, MI 48917 | 800.767.MERS (6377) | Fax 517.703.9711 www.mersofmich.com The employer, a participating municipality or court within the state of Michigan, hereby agrees to adopt and administer the MERS Defined Benefit (DB) Plan provided by the Municipal Employees’ Retirement System of Michigan, as authorized by 1996 PA 220, in accordance with MERS Plan Document, as both may be amended, subject to the terms and conditions herein. I. Effective Date The effective date shall be the first day of January, 2021. Muskegon, City of II. Employer name ____________________________________________________________________________ Municipality number _____________ 611601 This is an amendment of the existing Adoption Agreement for the MERS Defined Benefit. Any changes to plan provisions apply to employees in the division on the effective date, as well as to new hires ongoing. Definitions will apply for all service accrued after the effective date. 61160112 Division number _____________ Division name on file with MERS _____________________________________________________________ DPW 517M III. Plan Eligibility Only those employees eligible for MERS membership may participate in the MERS Defined Benefit. If an employee classification is included in the plan, then employees that meet this definition will receive service credit if they work the required number of hours to meet the service credit qualification defined below. All eligible employees must be reported to MERS. Using your Division Name above, expand on the employee classifications that are eligible to participate in MERS. For example, if Division is “General,” please insert specific classifications that are eligible for MERS such as “Clerical Staff,” “Elected Officials,” “Library Director,” etc.: Public Works employees including vehicle maintenance, water and sewer workers, highway workers, engineering staff,code enforcement workers ___________________________________________________________________________________________ Employee classification contains public safety employees: Yes X No Public safety employees include: law enforcement, parole and probation officers, employees responsible for emergency response (911 dispatch, fire service, paramedics, etc.), public works, and other skilled support personnel (equipment operators, etc.). DB-000 (version 2020-09-10) Page 1 of 6 DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD Defined Benefit Plan Adoption Agreement Addendum EMPLOYER NAME: DIV: Muskegon, City of 61160112 If you elect to include a special classification (chart below), then the employee will be required to meet the Service Credit Qualification as defined under section IV (Provisions) in order to earn a month of service. Excluded classification will require additional information below. To further define eligibility (select all that apply): Not Employee Classification Included Excluded Employed Temporary Employees: Those who will work for the municipality fewer than _____ 12 X months in total. Part-Time Employees: Those who regularly work fewer than _______ 1664 per _______. year X Seasonal Employees: Those who will work for the municipality X from __________ to __________ only. Voter-Elected Officials X Appointed Officials: An official appointed to a voter-elected office. X Contract Employees X Probationary Periods (select one): Service will begin after the probationary period has been satisfied. Probationary periods are allowed in one-month increments, no longer than 12 months. During this probationary period, the employer will not report or provide service. The probationary period will be ______ month(s). Comments: X Service will begin with the employee’s date of hire (no Probationary Period). Effective with the date of hire, wages paid and any associated contributions must be submitted to MERS. DB-000 (version 2020-09-10) Page 2 of 6 DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD Defined Benefit Plan Adoption Agreement Addendum EMPLOYER NAME: Muskegon, City of DIV: 61160112 IV. Provisions 1. Service Credit Qualification To clarify how eligible employees earn service credit, please indicate how many hours per month an eligible employee needs to work. For example, if you require 10 eight-hour days, this would be 80 hours per month. If an ‘hour per day’ has been defined (like ten 7-hour days), electing 70 hours will be required. Employees must meet the definition of Plan Eligibility in order to earn service credit under the plan. To receive one month of service credit, an employee shall work (or be paid for as if working) _________ 150 hours in a month. 2. Leaves of Absence Indicate by checking the boxes below, whether the potential for service credit will be allowed if an eligible employee is on one of the following types of leave, regardless of meeting the service credit qualification criteria. Regardless whether an eligible employee is awarded service credit while on the selected type(s) of leave: • MERS will skip over these months when determining the FAC amount for benefit calculations. • Third-party wages are not reported for leaves of absence. • Employers are not required to remit employer contributions based on leaves of absence when no wages are paid by the employer. However, an employer may submit additional voluntary contributions for the period of the leave in an amount determined by the employer. • For contributory divisions, employee contributions are required for service credit to be retained. Employee contributions will be collected based on the Service Credit Qualification. Employers will calculate employee contributions due using the employee’s current hourly rate (prior to leave). For example if 120 hours is required for service credit, then employee contributions shall be equal to 120 hours times the employee’s hourly rate. Employees have three times the length of leave, to a maximum of five years, to pay required employee contributions. Leaves of absence are required to be reported to MERS, including the employee’s start and end date per month, along with the employee’s hourly rate. Type of Leave Service Credit Service Credit Granted Excluded Short- and Long-Term Disability X Workers’ Compensation X Unpaid Family Medical Leave Act (FMLA) X Other: _________________________________________________________ X For example, sick and accident, administrative, educational, sabbatical, etc. Other 2: _______________________________________________________ Pd sick or medical leave, admin leave X Additional leave types as above Leaves of absence due to military service are governed by the Federal Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), IRC 414(u), effective January 1, 2007, IRC 401(a)(37). DB-000 (version 2020-09-10) Page 3 of 6 DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD Defined Benefit Plan Adoption Agreement Addendum EMPLOYER NAME: DIV: Muskegon, City of 61160112 3. Definition of Compensation The Definition of Compensation is used to calculate a participant’s final average compensation and is used in determining both employer and employee contributions. Wages paid to employees, calculated using the elected definition, must be reported to MERS. Select your Definition of Compensation here. If you choose to customize your definition, skip this table and proceed to page 5. Base Wages Box 1 Wages Gross Wages Types of Compensation Regular Wages All Regular Wages All Regular Wages All Regular Wages Salary or hourly wage X hours included included included PTO used (sick, vacation, personal, bereavement, holiday leave, or unclassified) On-call pay Other Wages Excluded All Other Wages All Other Wages Shift differentials included included Overtime Severance issued over time (weekly/bi-weekly) Lump Sum Payments Excluded All Lump Sum All Lump Sum PTO cash-out Payments included Payments included Longevity Bonuses Merit pay Job certifications Educational degrees Moving expenses Sick payouts Severance (if issued as lump sum) Taxable Payments Excluded All Taxable All Taxable Travel through a non-accountable plan (i.e. mileage not tracked for reimbursement) Payments included Payments included Prizes, gift cards Personal use of a company car Car allowance Reimbursement of Nontaxable Expenses (as defined by the IRS) Excluded Excluded Excluded Gun, tools, equipment, uniform Phone Fitness Mileage reimbursement Travel through an accountable plan (i.e. tracking mileage for reimbursement) Types of Deferrals Elective Deferrals of Employee Premiums/Contributions All Elective Excluded All Elective Deferrals 457 employee and employer contributions Deferrals included included 125 cafeteria plan, FSAs and HSAs IRA contributions Types of Benefits Nontaxable Fringe Benefits of Employees All Nontaxable Excluded All Nontaxable Health plan, dental, vision benefits Fringe Benefits Fringe Benefits Workers compensation premiums included included Short- or Long-term disability premiums Group term or whole life insurance < $50,000 Mandatory Contributions All Mandatory Excluded All Mandatory Defined Benefit employee contributions Contributions Contributions MERS Health Care Savings Program employee contributions included included Taxable Fringe Benefits Excluded Excluded All Taxable Fringe Clothing reimbursement Benefits included Stipends for health insurance opt out payments Group term life insurance > $50,000 Other Benefits / Lump Sum Payments Excluded Excluded All Other Lump Sum Workers compensation settlement payments Benefits included DB-000 (version 2020-09-10) Page 4 of 6 DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD Defined Benefit Plan Adoption Agreement Addendum EMPLOYER NAME: DIV: Muskegon, City of 61160112 SKIP THIS TABLE if you selected one of the standard definitions of compensation on page 4. X CUSTOM: If you choose this option, you must select boxes in each section you would like to include in your Definition of Compensation. You will be responsible for additional reporting details to track custom definitions. Types of Compensation Regular Wages X Salary or hourly wage X hours X On-call pay X PTO used (sick, vacation, personal, bereavement, holiday leave, or unclassified) Other: ______________________________________________________ Other Wages apply: YES X NO X Shift differentials X Severance issued over time (weekly/bi-weekly) X Overtime Other: ______________________________________________________ Lump Sum Payments apply: YES X NO X X PTO cash-out Educational degrees X Longevity Moving expenses X Bonuses X Sick payouts X Merit pay X Severance (if issued as lump sum) X Job certifications Other: ______________________________________________________ Taxable Payments apply: YES X NO Travel through a non-accountable plan (i.e. mileage not tracked for reimbursement) Prizes, gift cards X Car allowance Personal use of a company car Other: ______________________________________________________ Reimbursement of Nontaxable Expenses (as defined by the IRS) apply: YES NO X Gun, tools, equipment, uniform Mileage reimbursement Phone Travel through an accountable plan (i.e. tracking mileage for reimbursement) Fitness Other: ______________________________________________________ Types of Deferrals Elective Deferrals of Employee Premiums/Contributions apply: YES X NO X 457 employee and employer contributions IRA contributions X 125 cafeteria plan, FSAs and HSAs Other: ______________________________________________________ Types of Benefits Nontaxable Fringe Benefits of Employees apply: YES NO X Health plan, dental, vision benefits Workers compensation premiums Group term or whole life insurance < $50,000 Short- or Long-term disability premiums Other: ______________________________________________________ Mandatory Contributions apply: YES X NO X Defined Benefit employee contributions X MERS Health Care Savings Program employee contributions Other: ______________________________________________________ Taxable Fringe Benefits apply: YES X NO Clothing reimbursement Group term life insurance > $50,000 X Stipends for health insurance opt out payments Other: ______________________________________________________ Other Benefits / Lump Sum Payments apply: YES NO X Workers compensation settlement payments Other: ______________________________________________________ DB-000 (version 2020-09-10) Page 5 of 6 DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD Defined Benefit Plan Adoption Agreement Addendum EMPLOYER NAME: Muskegon, City of DIV: 61160112 V. Execution: Authorized Designee of Governing Body of Municipality or Chief Judge of Court This foregoing Addendum is hereby approved by City of Muskegon at a Board Meeting which took place on: __________________ 11/24/2020 (mm/dd/yyyy) Authorized Signature: ______________________________________________________________________ Printed Name: _____________________________________________________________________________ Title: ______________________________________________________________________________________ Date: __________________ DB-000 (version 2020-09-10) Page 6 of 6 DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD Defined Benefit Plan Adoption Agreement Addendum 1134 Municipal Way Lansing, MI 48917 | 800.767.MERS (6377) | Fax 517.703.9711 www.mersofmich.com The employer, a participating municipality or court within the state of Michigan, hereby agrees to adopt and administer the MERS Defined Benefit (DB) Plan provided by the Municipal Employees’ Retirement System of Michigan, as authorized by 1996 PA 220, in accordance with MERS Plan Document, as both may be amended, subject to the terms and conditions herein. I. Effective Date The effective date shall be the first day of January, 2021. Muskegon, City of II. Employer name ____________________________________________________________________________ Municipality number _____________ 611601 This is an amendment of the existing Adoption Agreement for the MERS Defined Benefit. Any changes to plan provisions apply to employees in the division on the effective date, as well as to new hires ongoing. Definitions will apply for all service accrued after the effective date. 61160121 Division number _____________ Division name on file with MERS _____________________________________________________________ PolicePatrol III. Plan Eligibility Only those employees eligible for MERS membership may participate in the MERS Defined Benefit. If an employee classification is included in the plan, then employees that meet this definition will receive service credit if they work the required number of hours to meet the service credit qualification defined below. All eligible employees must be reported to MERS. Using your Division Name above, expand on the employee classifications that are eligible to participate in MERS. For example, if Division is “General,” please insert specific classifications that are eligible for MERS such as “Clerical Staff,” “Elected Officials,” “Library Director,” etc.: Patrol Officers ___________________________________________________________________________________________ Employee classification contains public safety employees: X Yes No Public safety employees include: law enforcement, parole and probation officers, employees responsible for emergency response (911 dispatch, fire service, paramedics, etc.), public works, and other skilled support personnel (equipment operators, etc.). DB-000 (version 2020-09-10) Page 1 of 6 DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD Defined Benefit Plan Adoption Agreement Addendum EMPLOYER NAME: DIV: Muskegon, City of 61160121 If you elect to include a special classification (chart below), then the employee will be required to meet the Service Credit Qualification as defined under section IV (Provisions) in order to earn a month of service. Excluded classification will require additional information below. To further define eligibility (select all that apply): Not Employee Classification Included Excluded Employed Temporary Employees: Those who will work for the municipality fewer than _____ 12 X months in total. Part-Time Employees: Those who regularly work fewer than _______ 1664 per _______. year X Seasonal Employees: Those who will work for the municipality X from __________ to __________ only. Voter-Elected Officials X Appointed Officials: An official appointed to a voter-elected office. X Contract Employees X Probationary Periods (select one): Service will begin after the probationary period has been satisfied. Probationary periods are allowed in one-month increments, no longer than 12 months. During this probationary period, the employer will not report or provide service. The probationary period will be ______ month(s). Comments: X Service will begin with the employee’s date of hire (no Probationary Period). Effective with the date of hire, wages paid and any associated contributions must be submitted to MERS. DB-000 (version 2020-09-10) Page 2 of 6 DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD Defined Benefit Plan Adoption Agreement Addendum EMPLOYER NAME: Muskegon, City of DIV: 61160121 IV. Provisions 1. Service Credit Qualification To clarify how eligible employees earn service credit, please indicate how many hours per month an eligible employee needs to work. For example, if you require 10 eight-hour days, this would be 80 hours per month. If an ‘hour per day’ has been defined (like ten 7-hour days), electing 70 hours will be required. Employees must meet the definition of Plan Eligibility in order to earn service credit under the plan. To receive one month of service credit, an employee shall work (or be paid for as if working) _________ 150 hours in a month. 2. Leaves of Absence Indicate by checking the boxes below, whether the potential for service credit will be allowed if an eligible employee is on one of the following types of leave, regardless of meeting the service credit qualification criteria. Regardless whether an eligible employee is awarded service credit while on the selected type(s) of leave: • MERS will skip over these months when determining the FAC amount for benefit calculations. • Third-party wages are not reported for leaves of absence. • Employers are not required to remit employer contributions based on leaves of absence when no wages are paid by the employer. However, an employer may submit additional voluntary contributions for the period of the leave in an amount determined by the employer. • For contributory divisions, employee contributions are required for service credit to be retained. Employee contributions will be collected based on the Service Credit Qualification. Employers will calculate employee contributions due using the employee’s current hourly rate (prior to leave). For example if 120 hours is required for service credit, then employee contributions shall be equal to 120 hours times the employee’s hourly rate. Employees have three times the length of leave, to a maximum of five years, to pay required employee contributions. Leaves of absence are required to be reported to MERS, including the employee’s start and end date per month, along with the employee’s hourly rate. Type of Leave Service Credit Service Credit Granted Excluded Short- and Long-Term Disability X Workers’ Compensation X Unpaid Family Medical Leave Act (FMLA) X Other: _________________________________________________________ X For example, sick and accident, administrative, educational, sabbatical, etc. Other 2: _______________________________________________________ Pd sick or medical leave, admin leave X Additional leave types as above Leaves of absence due to military service are governed by the Federal Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), IRC 414(u), effective January 1, 2007, IRC 401(a)(37). DB-000 (version 2020-09-10) Page 3 of 6 DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD Defined Benefit Plan Adoption Agreement Addendum EMPLOYER NAME: DIV: Muskegon, City of 61160121 3. Definition of Compensation The Definition of Compensation is used to calculate a participant’s final average compensation and is used in determining both employer and employee contributions. Wages paid to employees, calculated using the elected definition, must be reported to MERS. Select your Definition of Compensation here. If you choose to customize your definition, skip this table and proceed to page 5. Base Wages Box 1 Wages Gross Wages Types of Compensation Regular Wages All Regular Wages All Regular Wages All Regular Wages Salary or hourly wage X hours included included included PTO used (sick, vacation, personal, bereavement, holiday leave, or unclassified) On-call pay Other Wages Excluded All Other Wages All Other Wages Shift differentials included included Overtime Severance issued over time (weekly/bi-weekly) Lump Sum Payments Excluded All Lump Sum All Lump Sum PTO cash-out Payments included Payments included Longevity Bonuses Merit pay Job certifications Educational degrees Moving expenses Sick payouts Severance (if issued as lump sum) Taxable Payments Excluded All Taxable All Taxable Travel through a non-accountable plan (i.e. mileage not tracked for reimbursement) Payments included Payments included Prizes, gift cards Personal use of a company car Car allowance Reimbursement of Nontaxable Expenses (as defined by the IRS) Excluded Excluded Excluded Gun, tools, equipment, uniform Phone Fitness Mileage reimbursement Travel through an accountable plan (i.e. tracking mileage for reimbursement) Types of Deferrals Elective Deferrals of Employee Premiums/Contributions All Elective Excluded All Elective Deferrals 457 employee and employer contributions Deferrals included included 125 cafeteria plan, FSAs and HSAs IRA contributions Types of Benefits Nontaxable Fringe Benefits of Employees All Nontaxable Excluded All Nontaxable Health plan, dental, vision benefits Fringe Benefits Fringe Benefits Workers compensation premiums included included Short- or Long-term disability premiums Group term or whole life insurance < $50,000 Mandatory Contributions All Mandatory Excluded All Mandatory Defined Benefit employee contributions Contributions Contributions MERS Health Care Savings Program employee contributions included included Taxable Fringe Benefits Excluded Excluded All Taxable Fringe Clothing reimbursement Benefits included Stipends for health insurance opt out payments Group term life insurance > $50,000 Other Benefits / Lump Sum Payments Excluded Excluded All Other Lump Sum Workers compensation settlement payments Benefits included DB-000 (version 2020-09-10) Page 4 of 6 DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD Defined Benefit Plan Adoption Agreement Addendum EMPLOYER NAME: DIV: Muskegon, City of 61160121 SKIP THIS TABLE if you selected one of the standard definitions of compensation on page 4. X CUSTOM: If you choose this option, you must select boxes in each section you would like to include in your Definition of Compensation. You will be responsible for additional reporting details to track custom definitions. Types of Compensation Regular Wages X Salary or hourly wage X hours X On-call pay X PTO used (sick, vacation, personal, bereavement, holiday leave, or unclassified) Other: ______________________________________________________ Other Wages apply: YES X NO X X Severance issued over time (weekly/bi-weekly) Shift differentials X Overtime Other: ______________________________________________________ Lump Sum Payments apply: YES X NO X PTO cash-out X Educational degrees X Longevity Moving expenses X Bonuses X Sick payouts X Merit pay X Severance (if issued as lump sum) X Job certifications Other: ______________________________________________________ Taxable Payments apply: YES X NO Travel through a non-accountable plan (i.e. mileage not tracked for reimbursement) Prizes, gift cards X Car allowance Personal use of a company car Other: ______________________________________________________ Reimbursement of Nontaxable Expenses (as defined by the IRS) apply: YES NO X Gun, tools, equipment, uniform Mileage reimbursement Phone Travel through an accountable plan (i.e. tracking mileage for reimbursement) Fitness Other: ______________________________________________________ Types of Deferrals Elective Deferrals of Employee Premiums/Contributions apply: YES X NO X 457 employee and employer contributions IRA contributions X 125 cafeteria plan, FSAs and HSAs Other: ______________________________________________________ Types of Benefits Nontaxable Fringe Benefits of Employees apply: YES NO X Health plan, dental, vision benefits Workers compensation premiums Group term or whole life insurance < $50,000 Short- or Long-term disability premiums Other: ______________________________________________________ Mandatory Contributions apply: YES X NO X Defined Benefit employee contributions X MERS Health Care Savings Program employee contributions Other: ______________________________________________________ Taxable Fringe Benefits apply: YES X NO Clothing reimbursement Group term life insurance > $50,000 X Stipends for health insurance opt out payments Other: ______________________________________________________ Other Benefits / Lump Sum Payments apply: YES NO X Workers compensation settlement payments Other: ______________________________________________________ DB-000 (version 2020-09-10) Page 5 of 6 DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD Defined Benefit Plan Adoption Agreement Addendum EMPLOYER NAME: Muskegon, City of DIV: 61160121 V. Execution: Authorized Designee of Governing Body of Municipality or Chief Judge of Court This foregoing Addendum is hereby approved by City of Muskegon at a Board Meeting which took place on: __________________ 11/24/2020 (mm/dd/yyyy) Authorized Signature: ______________________________________________________________________ Printed Name: _____________________________________________________________________________ Title: ______________________________________________________________________________________ Date: __________________ DB-000 (version 2020-09-10) Page 6 of 6 DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD Defined Benefit Plan Adoption Agreement Addendum 1134 Municipal Way Lansing, MI 48917 | 800.767.MERS (6377) | Fax 517.703.9711 www.mersofmich.com The employer, a participating municipality or court within the state of Michigan, hereby agrees to adopt and administer the MERS Defined Benefit (DB) Plan provided by the Municipal Employees’ Retirement System of Michigan, as authorized by 1996 PA 220, in accordance with MERS Plan Document, as both may be amended, subject to the terms and conditions herein. I. Effective Date The effective date shall be the first day of January, 2021. Muskegon, City of II. Employer name ____________________________________________________________________________ Municipality number _____________ 611601 This is an amendment of the existing Adoption Agreement for the MERS Defined Benefit. Any changes to plan provisions apply to employees in the division on the effective date, as well as to new hires ongoing. Definitions will apply for all service accrued after the effective date. 61160122 Division number _____________ Division name on file with MERS _____________________________________________________________ Police Comm III. Plan Eligibility Only those employees eligible for MERS membership may participate in the MERS Defined Benefit. If an employee classification is included in the plan, then employees that meet this definition will receive service credit if they work the required number of hours to meet the service credit qualification defined below. All eligible employees must be reported to MERS. Using your Division Name above, expand on the employee classifications that are eligible to participate in MERS. For example, if Division is “General,” please insert specific classifications that are eligible for MERS such as “Clerical Staff,” “Elected Officials,” “Library Director,” etc.: Command Police Officers - Sergeant and above ___________________________________________________________________________________________ Employee classification contains public safety employees: X Yes No Public safety employees include: law enforcement, parole and probation officers, employees responsible for emergency response (911 dispatch, fire service, paramedics, etc.), public works, and other skilled support personnel (equipment operators, etc.). DB-000 (version 2020-09-10) Page 1 of 6 DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD Defined Benefit Plan Adoption Agreement Addendum EMPLOYER NAME: DIV: Muskegon, City of 61160122 If you elect to include a special classification (chart below), then the employee will be required to meet the Service Credit Qualification as defined under section IV (Provisions) in order to earn a month of service. Excluded classification will require additional information below. To further define eligibility (select all that apply): Not Employee Classification Included Excluded Employed Temporary Employees: Those who will work for the municipality fewer than _____ 12 X months in total. Part-Time Employees: Those who regularly work fewer than _______ 1664 per _______. year X Seasonal Employees: Those who will work for the municipality X from __________ to __________ only. Voter-Elected Officials X Appointed Officials: An official appointed to a voter-elected office. X Contract Employees X Probationary Periods (select one): Service will begin after the probationary period has been satisfied. Probationary periods are allowed in one-month increments, no longer than 12 months. During this probationary period, the employer will not report or provide service. The probationary period will be ______ month(s). Comments: X Service will begin with the employee’s date of hire (no Probationary Period). Effective with the date of hire, wages paid and any associated contributions must be submitted to MERS. DB-000 (version 2020-09-10) Page 2 of 6 DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD Defined Benefit Plan Adoption Agreement Addendum EMPLOYER NAME: Muskegon, City of DIV: 61160122 IV. Provisions 1. Service Credit Qualification To clarify how eligible employees earn service credit, please indicate how many hours per month an eligible employee needs to work. For example, if you require 10 eight-hour days, this would be 80 hours per month. If an ‘hour per day’ has been defined (like ten 7-hour days), electing 70 hours will be required. Employees must meet the definition of Plan Eligibility in order to earn service credit under the plan. To receive one month of service credit, an employee shall work (or be paid for as if working) _________ 150 hours in a month. 2. Leaves of Absence Indicate by checking the boxes below, whether the potential for service credit will be allowed if an eligible employee is on one of the following types of leave, regardless of meeting the service credit qualification criteria. Regardless whether an eligible employee is awarded service credit while on the selected type(s) of leave: • MERS will skip over these months when determining the FAC amount for benefit calculations. • Third-party wages are not reported for leaves of absence. • Employers are not required to remit employer contributions based on leaves of absence when no wages are paid by the employer. However, an employer may submit additional voluntary contributions for the period of the leave in an amount determined by the employer. • For contributory divisions, employee contributions are required for service credit to be retained. Employee contributions will be collected based on the Service Credit Qualification. Employers will calculate employee contributions due using the employee’s current hourly rate (prior to leave). For example if 120 hours is required for service credit, then employee contributions shall be equal to 120 hours times the employee’s hourly rate. Employees have three times the length of leave, to a maximum of five years, to pay required employee contributions. Leaves of absence are required to be reported to MERS, including the employee’s start and end date per month, along with the employee’s hourly rate. Type of Leave Service Credit Service Credit Granted Excluded Short- and Long-Term Disability X Workers’ Compensation X Unpaid Family Medical Leave Act (FMLA) X Other: _________________________________________________________ X For example, sick and accident, administrative, educational, sabbatical, etc. Other 2: _______________________________________________________ Paid sick or medical leave, admin leave X Additional leave types as above Leaves of absence due to military service are governed by the Federal Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), IRC 414(u), effective January 1, 2007, IRC 401(a)(37). DB-000 (version 2020-09-10) Page 3 of 6 DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD Defined Benefit Plan Adoption Agreement Addendum EMPLOYER NAME: DIV: Muskegon, City of 61160122 3. Definition of Compensation The Definition of Compensation is used to calculate a participant’s final average compensation and is used in determining both employer and employee contributions. Wages paid to employees, calculated using the elected definition, must be reported to MERS. Select your Definition of Compensation here. If you choose to customize your definition, skip this table and proceed to page 5. Base Wages Box 1 Wages Gross Wages Types of Compensation Regular Wages All Regular Wages All Regular Wages All Regular Wages Salary or hourly wage X hours included included included PTO used (sick, vacation, personal, bereavement, holiday leave, or unclassified) On-call pay Other Wages Excluded All Other Wages All Other Wages Shift differentials included included Overtime Severance issued over time (weekly/bi-weekly) Lump Sum Payments Excluded All Lump Sum All Lump Sum PTO cash-out Payments included Payments included Longevity Bonuses Merit pay Job certifications Educational degrees Moving expenses Sick payouts Severance (if issued as lump sum) Taxable Payments Excluded All Taxable All Taxable Travel through a non-accountable plan (i.e. mileage not tracked for reimbursement) Payments included Payments included Prizes, gift cards Personal use of a company car Car allowance Reimbursement of Nontaxable Expenses (as defined by the IRS) Excluded Excluded Excluded Gun, tools, equipment, uniform Phone Fitness Mileage reimbursement Travel through an accountable plan (i.e. tracking mileage for reimbursement) Types of Deferrals Elective Deferrals of Employee Premiums/Contributions All Elective Excluded All Elective Deferrals 457 employee and employer contributions Deferrals included included 125 cafeteria plan, FSAs and HSAs IRA contributions Types of Benefits Nontaxable Fringe Benefits of Employees All Nontaxable Excluded All Nontaxable Health plan, dental, vision benefits Fringe Benefits Fringe Benefits Workers compensation premiums included included Short- or Long-term disability premiums Group term or whole life insurance < $50,000 Mandatory Contributions All Mandatory Excluded All Mandatory Defined Benefit employee contributions Contributions Contributions MERS Health Care Savings Program employee contributions included included Taxable Fringe Benefits Excluded Excluded All Taxable Fringe Clothing reimbursement Benefits included Stipends for health insurance opt out payments Group term life insurance > $50,000 Other Benefits / Lump Sum Payments Excluded Excluded All Other Lump Sum Workers compensation settlement payments Benefits included DB-000 (version 2020-09-10) Page 4 of 6 DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD Defined Benefit Plan Adoption Agreement Addendum EMPLOYER NAME: DIV: Muskegon, City of 61160122 SKIP THIS TABLE if you selected one of the standard definitions of compensation on page 4. X CUSTOM: If you choose this option, you must select boxes in each section you would like to include in your Definition of Compensation. You will be responsible for additional reporting details to track custom definitions. Types of Compensation Regular Wages X Salary or hourly wage X hours X On-call pay X PTO used (sick, vacation, personal, bereavement, holiday leave, or unclassified) Other: ______________________________________________________ Other Wages apply: YES X NO X Shift differentials X Severance issued over time (weekly/bi-weekly) X Overtime Other: ______________________________________________________ Lump Sum Payments apply: YES X NO X PTO cash-out X Educational degrees X Longevity Moving expenses X Bonuses X Sick payouts X Merit pay X Severance (if issued as lump sum) X Job certifications Other: ______________________________________________________ Taxable Payments apply: YES X NO Travel through a non-accountable plan (i.e. mileage not tracked for reimbursement) X Prizes, gift cards Car allowance Personal use of a company car Other: ______________________________________________________ Reimbursement of Nontaxable Expenses (as defined by the IRS) apply: YES NO X Gun, tools, equipment, uniform Mileage reimbursement Phone Travel through an accountable plan (i.e. tracking mileage for reimbursement) Fitness Other: ______________________________________________________ Types of Deferrals Elective Deferrals of Employee Premiums/Contributions apply: YES X NO X 457 employee and employer contributions IRA contributions X 125 cafeteria plan, FSAs and HSAs Other: ______________________________________________________ Types of Benefits Nontaxable Fringe Benefits of Employees apply: YES NO X Health plan, dental, vision benefits Workers compensation premiums Group term or whole life insurance < $50,000 Short- or Long-term disability premiums Other: ______________________________________________________ Mandatory Contributions apply: YES X NO X Defined Benefit employee contributions X MERS Health Care Savings Program employee contributions Other: ______________________________________________________ Taxable Fringe Benefits apply: YES X NO Clothing reimbursement Group term life insurance > $50,000 X Stipends for health insurance opt out payments Other: ______________________________________________________ Other Benefits / Lump Sum Payments apply: YES NO X Workers compensation settlement payments Other: ______________________________________________________ DB-000 (version 2020-09-10) Page 5 of 6 DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD Defined Benefit Plan Adoption Agreement Addendum EMPLOYER NAME: Muskegon, City of DIV: 61160122 V. Execution: Authorized Designee of Governing Body of Municipality or Chief Judge of Court This foregoing Addendum is hereby approved by City of Muskegon at a Board Meeting which took place on: __________________ 11/24/2020 (mm/dd/yyyy) Authorized Signature: ______________________________________________________________________ Printed Name: _____________________________________________________________________________ Title: ______________________________________________________________________________________ Date: __________________ DB-000 (version 2020-09-10) Page 6 of 6 DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD Defined Benefit Plan Adoption Agreement Addendum 1134 Municipal Way Lansing, MI 48917 | 800.767.MERS (6377) | Fax 517.703.9711 www.mersofmich.com The employer, a participating municipality or court within the state of Michigan, hereby agrees to adopt and administer the MERS Defined Benefit (DB) Plan provided by the Municipal Employees’ Retirement System of Michigan, as authorized by 1996 PA 220, in accordance with MERS Plan Document, as both may be amended, subject to the terms and conditions herein. I. Effective Date The effective date shall be the first day of January, 2021. Muskegon, City of II. Employer name ____________________________________________________________________________ Municipality number _____________ 611601 This is an amendment of the existing Adoption Agreement for the MERS Defined Benefit. Any changes to plan provisions apply to employees in the division on the effective date, as well as to new hires ongoing. Definitions will apply for all service accrued after the effective date. 61160150 Division number _____________ Division name on file with MERS _____________________________________________________________ FF Local 370 III. Plan Eligibility Only those employees eligible for MERS membership may participate in the MERS Defined Benefit. If an employee classification is included in the plan, then employees that meet this definition will receive service credit if they work the required number of hours to meet the service credit qualification defined below. All eligible employees must be reported to MERS. Using your Division Name above, expand on the employee classifications that are eligible to participate in MERS. For example, if Division is “General,” please insert specific classifications that are eligible for MERS such as “Clerical Staff,” “Elected Officials,” “Library Director,” etc.: All Firefighters and Command Officers ___________________________________________________________________________________________ Employee classification contains public safety employees: X Yes No Public safety employees include: law enforcement, parole and probation officers, employees responsible for emergency response (911 dispatch, fire service, paramedics, etc.), public works, and other skilled support personnel (equipment operators, etc.). DB-000 (version 2020-09-10) Page 1 of 6 DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD Defined Benefit Plan Adoption Agreement Addendum EMPLOYER NAME: DIV: Muskegon, City of 61160150 If you elect to include a special classification (chart below), then the employee will be required to meet the Service Credit Qualification as defined under section IV (Provisions) in order to earn a month of service. Excluded classification will require additional information below. To further define eligibility (select all that apply): Not Employee Classification Included Excluded Employed Temporary Employees: Those who will work for the municipality fewer than _____ 12 X months in total. Part-Time Employees: Those who regularly work fewer than _______ 1664 per _______. year X Seasonal Employees: Those who will work for the municipality X from __________ to __________ only. Voter-Elected Officials X Appointed Officials: An official appointed to a voter-elected office. X Contract Employees X Probationary Periods (select one): Service will begin after the probationary period has been satisfied. Probationary periods are allowed in one-month increments, no longer than 12 months. During this probationary period, the employer will not report or provide service. The probationary period will be ______ month(s). Comments: X Service will begin with the employee’s date of hire (no Probationary Period). Effective with the date of hire, wages paid and any associated contributions must be submitted to MERS. DB-000 (version 2020-09-10) Page 2 of 6 DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD Defined Benefit Plan Adoption Agreement Addendum EMPLOYER NAME: Muskegon, City of DIV: 61160150 IV. Provisions 1. Service Credit Qualification To clarify how eligible employees earn service credit, please indicate how many hours per month an eligible employee needs to work. For example, if you require 10 eight-hour days, this would be 80 hours per month. If an ‘hour per day’ has been defined (like ten 7-hour days), electing 70 hours will be required. Employees must meet the definition of Plan Eligibility in order to earn service credit under the plan. To receive one month of service credit, an employee shall work (or be paid for as if working) _________ 203 hours in a month. 2. Leaves of Absence Indicate by checking the boxes below, whether the potential for service credit will be allowed if an eligible employee is on one of the following types of leave, regardless of meeting the service credit qualification criteria. Regardless whether an eligible employee is awarded service credit while on the selected type(s) of leave: • MERS will skip over these months when determining the FAC amount for benefit calculations. • Third-party wages are not reported for leaves of absence. • Employers are not required to remit employer contributions based on leaves of absence when no wages are paid by the employer. However, an employer may submit additional voluntary contributions for the period of the leave in an amount determined by the employer. • For contributory divisions, employee contributions are required for service credit to be retained. Employee contributions will be collected based on the Service Credit Qualification. Employers will calculate employee contributions due using the employee’s current hourly rate (prior to leave). For example if 120 hours is required for service credit, then employee contributions shall be equal to 120 hours times the employee’s hourly rate. Employees have three times the length of leave, to a maximum of five years, to pay required employee contributions. Leaves of absence are required to be reported to MERS, including the employee’s start and end date per month, along with the employee’s hourly rate. Type of Leave Service Credit Service Credit Granted Excluded Short- and Long-Term Disability X Workers’ Compensation X Unpaid Family Medical Leave Act (FMLA) X Other: _________________________________________________________ X For example, sick and accident, administrative, educational, sabbatical, etc. Other 2: _______________________________________________________ Paid sick or medical leave, admin leave X Additional leave types as above Leaves of absence due to military service are governed by the Federal Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), IRC 414(u), effective January 1, 2007, IRC 401(a)(37). DB-000 (version 2020-09-10) Page 3 of 6 DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD Defined Benefit Plan Adoption Agreement Addendum EMPLOYER NAME: DIV: Muskegon, City of 61160150 3. Definition of Compensation The Definition of Compensation is used to calculate a participant’s final average compensation and is used in determining both employer and employee contributions. Wages paid to employees, calculated using the elected definition, must be reported to MERS. Select your Definition of Compensation here. If you choose to customize your definition, skip this table and proceed to page 5. Base Wages Box 1 Wages Gross Wages Types of Compensation Regular Wages All Regular Wages All Regular Wages All Regular Wages Salary or hourly wage X hours included included included PTO used (sick, vacation, personal, bereavement, holiday leave, or unclassified) On-call pay Other Wages Excluded All Other Wages All Other Wages Shift differentials included included Overtime Severance issued over time (weekly/bi-weekly) Lump Sum Payments Excluded All Lump Sum All Lump Sum PTO cash-out Payments included Payments included Longevity Bonuses Merit pay Job certifications Educational degrees Moving expenses Sick payouts Severance (if issued as lump sum) Taxable Payments Excluded All Taxable All Taxable Travel through a non-accountable plan (i.e. mileage not tracked for reimbursement) Payments included Payments included Prizes, gift cards Personal use of a company car Car allowance Reimbursement of Nontaxable Expenses (as defined by the IRS) Excluded Excluded Excluded Gun, tools, equipment, uniform Phone Fitness Mileage reimbursement Travel through an accountable plan (i.e. tracking mileage for reimbursement) Types of Deferrals Elective Deferrals of Employee Premiums/Contributions All Elective Excluded All Elective Deferrals 457 employee and employer contributions Deferrals included included 125 cafeteria plan, FSAs and HSAs IRA contributions Types of Benefits Nontaxable Fringe Benefits of Employees All Nontaxable Excluded All Nontaxable Health plan, dental, vision benefits Fringe Benefits Fringe Benefits Workers compensation premiums included included Short- or Long-term disability premiums Group term or whole life insurance < $50,000 Mandatory Contributions All Mandatory Excluded All Mandatory Defined Benefit employee contributions Contributions Contributions MERS Health Care Savings Program employee contributions included included Taxable Fringe Benefits Excluded Excluded All Taxable Fringe Clothing reimbursement Benefits included Stipends for health insurance opt out payments Group term life insurance > $50,000 Other Benefits / Lump Sum Payments Excluded Excluded All Other Lump Sum Workers compensation settlement payments Benefits included DB-000 (version 2020-09-10) Page 4 of 6 DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD Defined Benefit Plan Adoption Agreement Addendum EMPLOYER NAME: DIV: Muskegon, City of 61160150 SKIP THIS TABLE if you selected one of the standard definitions of compensation on page 4. X CUSTOM: If you choose this option, you must select boxes in each section you would like to include in your Definition of Compensation. You will be responsible for additional reporting details to track custom definitions. Types of Compensation Regular Wages X Salary or hourly wage X hours X On-call pay X PTO used (sick, vacation, personal, bereavement, holiday leave, or unclassified) Other: ______________________________________________________ Other Wages apply: YES X NO X Shift differentials Severance issued over time (weekly/bi-weekly) X Overtime Other: ______________________________________________________ Lump Sum Payments apply: YES X NO X PTO cash-out X Educational degrees X Longevity Moving expenses X Bonuses X Sick payouts X Merit pay X Severance (if issued as lump sum) X Job certifications Other: ______________________________________________________ Taxable Payments apply: YES NO X Travel through a non-accountable plan (i.e. mileage not tracked for reimbursement) Prizes, gift cards Car allowance Personal use of a company car Other: ______________________________________________________ Reimbursement of Nontaxable Expenses (as defined by the IRS) apply: YES NO X Gun, tools, equipment, uniform Mileage reimbursement Phone Travel through an accountable plan (i.e. tracking mileage for reimbursement) Fitness Other: ______________________________________________________ Types of Deferrals Elective Deferrals of Employee Premiums/Contributions apply: YES X NO X 457 employee and employer contributions IRA contributions X 125 cafeteria plan, FSAs and HSAs Other: ______________________________________________________ Types of Benefits Nontaxable Fringe Benefits of Employees apply: YES NO X Health plan, dental, vision benefits Workers compensation premiums Group term or whole life insurance < $50,000 Short- or Long-term disability premiums Other: ______________________________________________________ Mandatory Contributions apply: YES X NO X Defined Benefit employee contributions X MERS Health Care Savings Program employee contributions Other: ______________________________________________________ Taxable Fringe Benefits apply: YES X NO Clothing reimbursement Group term life insurance > $50,000 X Stipends for health insurance opt out payments Other: ______________________________________________________ Other Benefits / Lump Sum Payments apply: YES NO X Workers compensation settlement payments Other: ______________________________________________________ DB-000 (version 2020-09-10) Page 5 of 6 DocuSign Envelope ID: B21002F7-57C7-4BEE-8A9B-6F4512C27FAD Defined Benefit Plan Adoption Agreement Addendum EMPLOYER NAME: Muskegon, City of DIV: 61160150 V. Execution: Authorized Designee of Governing Body of Municipality or Chief Judge of Court This foregoing Addendum is hereby approved by City of Muskegon at a Board Meeting which took place on: __________________ 11/24/2020 (mm/dd/yyyy) Authorized Signature: ______________________________________________________________________ Printed Name: _____________________________________________________________________________ Title: ______________________________________________________________________________________ Date: __________________ DB-000 (version 2020-09-10) Page 6 of 6 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: 11/24/2020 Title: Trinity Village (COGIC Village) PILOT Agreement Termination Submitted By: Sarah Petersen Department: Treasurer Brief Summary: To terminate the payment in lieu of taxes (PILOT) agreement with Trinity Village for the COGIC Village housing project. Detailed Summary: We were recently notified by a representative of KMG Prestige, property manager for COGIC Village, that the property had been sold in August of 2019 to MASH – COGIC Muskegon LDHA Association, LLC. At the time the property was sold, the qualifying loan was paid off. As such, the property no longer qualifies for PILOT status, and we need to take official action to terminate the original agreement. After termination, the county’s Equalization Department will notify the owners of the termination, and determine the proper classification to return the property to the city’s tax roll. Amount Requested: N/A Amount Budgeted: N/A Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A Recommended Motion: To approve the attached resolution to terminate the Contract for Housing Exemption with Trinity Village Non-Profit Housing Corporation. Check if the following Departments need to approve the item first: Police Dept. Fire Dept. IT Dept. For City Clerk Use Only: Commission Action: RESOLUTION TERMINATING THE CITY OF MUSKEGON CONTRACT FOR HOUSING EXEMPTION – TRINITY VILLAGE NON-PROFIT HOUSING CORPORATION City of Muskegon County of Muskegon, State of Michigan _________________________________________ Minutes of a regular meeting of the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, held in the City Hall in the City of Muskegon on the ______ day of _____________, 2020 at 5:30 p.m., Eastern Standard Time. PRESENT: Members _________________________________________________________ _________________________________________________________________ ABSENT: Members _________________________________________________________ The following preamble and resolution were offered by Member _________________ and supported by Member ___________________________________: WHEREAS, the City of Muskegon, County of Muskegon, State of Michigan (the “City”), entered into a Contract for Housing Exemption with Trinity Village Non-Profit Housing Corporation (“Trinity”) effective June 22, 1999, a copy of which is attached. WHEREAS, Trinity was to form a limited dividend housing association identified as COGIC Village – Muskegon LDHALP. WHEREAS, Trinity was to construct a low income housing project identified as COGIC Village – Muskegon (“Project”). WHEREAS, pursuant to MCL Section 125.1415a and Muskegon City Code Section 82- 46, et. seq., the City authorized a payment in lieu of taxes (PILOT) for so long as the Project was financed and subject to a qualifying loan not to exceed 25 years. WHEREAS, Trinity entered into a qualifying loan on March 23, 2001 which qualified pursuant to MCL 125.1415a and Muskegon City Code Section 82-50. WHEREAS, on or about August 29, 2019 COGIC Village – Muskegon Limited Development Housing Association Limited Partnership sold its interest to MASH - COGIC Muskegon LDHA Association, LLC and paid off the qualifying loan. WHEREAS, a representative of KMG Prestige, property manager for MASH - COGIC Muskegon LDHA Association, LLC, has informed City staff that it no longer qualifies for the PILOT, and City staff agrees, and will not be making any further PILOT payments. O:\CLERK\Common\Word\Agenda Items for Next Meeting\2020\112420\09b_Resolution to Terminate PILOT Contract for COGIC Village.DOC 1 NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City terminates the Contract for Housing Exemption effective August 29, 2019. 2. If appropriate, City staff shall place the Property on the tax rolls effective August 29, 2019. AYES: Members ___________________________________________________ ___________________________________________________________ NAYS: Members ___________________________________________________ RESOLUTION DECLARED ADOPTED. ______________________________ Ann Marie Meisch City Clerk I hereby certify that the foregoing is a true and complete copy of a resolution adopted by the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a regular meeting held on _____________ ___, 2020, and that said meeting was conducted and public notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, and that the minutes of said meeting were kept and will be or have been made available as required by said Act. ___________________________________ Ann Marie Meisch City Clerk Formatted: Font: Not Bold O:\CLERK\Common\Word\Agenda Items for Next Meeting\2020\112420\09b_Resolution to Terminate PILOT Contract for COGIC Village.DOC 2 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: 11/24/2020 Title: Beach St. Utility Special Assessment Submitted By: Leo Evans Department: Public Works Brief Summary: Conduct the 1st Public Hearing for the Beach Street Aerial Utility Burial Special Assessment to create the special assessment district inclusive of all properties shown in the attachment, appoint two Commissioners to the Board of Assessors, and adopt the attached resolution. Detailed Summary: Staff has been petitioned by property owners along Beach Street to have the aerial communication utilities (Frontier Communications and Comcast Cable) buried within the above referenced limits. Staff has reviewed the request and additional documentation/detail is attached along with a preliminary staff summary. Staff will present the results of the property owner mailers at the Public Hearing as well as take any public comment on the special assessment. The proposed special assessment district properties are shown in the attachment. Staff is requesting two Commissioners be appointed to the Board of Assessors along with the County Assessor’s office to prepare the assessment roll. Amount Requested: $0 Amount Budgeted: $0 Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A Recommended Motion: Close the public hearing, appoint _________________ & ___________________ to the Board of Assessors and approve the attached resolution. Check if the following Departments need to approve the item first: Police Dept. Fire Dept. IT Dept. CITY OF MUSKEGON Resolution No.___________ Resolution At First Hearing Creating Special Assessment District For Beach Street from Wilcox Avenue to Ohio Avenue Location and Description of Properties to be Assessed: See Exhibit A attached to this resolution RECITALS: 1. A hearing has been held on November 24, 2020 at 5:30 o'clock p.m. at the City Commission Chambers. Notice was given by mail and publication as required by law. 2. That estimates of costs of the project, a feasibility report and valuation and benefit information are on file with the City and have been reviewed for this hearing. 3. At the hearing held November 24, 2020, there were ______% objections by the owners of the property in the district registered at the hearing either in writing received before or at the hearing or by owners or agents present at the hearing, and the Commission has considered the advisability of proceeding with the project. FINDINGS: 1. The City Commission has examined the estimates of cost to construct the project including all assessable expenses and determines them to be reasonable. 2. The City Commission has considered the value of the property to be assessed and the value of the benefit to be received by each property proposed to be assessed in the district after the improvements have been made. The City Commission determines that the assessments of costs of the City project will enhance the value of the properties to be assessed in an amount at least equivalent to the assessment and that the improvement thereby constitutes a benefit to the property. THEREFORE, BE IT RESOLVED: 1. The City Commission hereby declares a special assessment district to include the property set forth in Exhibit A attached to this resolution. 2. The City Commission determines to proceed with the improvements as set forth in the feasibility study and estimates of costs, and directs the City Engineer to proceed with project design, preparation of specifications and the bidding process. If appropriate and if bonds are to be sold for the purposes of financing the improvements, the Finance Department shall prepare plans for financing including submission of application to the Michigan Department of Treasury and the beginning of bond proceedings. 3. The City Commission hereby appoints a Board of Assessors consisting of City Commissioners _______________________________ and ________________________ and the City Assessor who are hereby directed to prepare an assessment roll. Assessments shall be made upon front foot basis. 4. Based on the City's Special Assessment policy and preliminary estimates it is expected that 100% of the cost of the street improvement will be paid by special assessments. 5. Upon submission of the special assessment roll, the City staff is hereby directed to notify all owners and persons interested in properties to be assessed of the hearing at which the City Commission will consider confirmation of the special assessment roll. This resolution adopted. Ayes___________________________________________________________________ Nays___________________________________________________________________ CITY OF MUSKEGON By _________________________________ Ann Marie Meisch, Clerk ACKNOWLEDGMENT This resolution was adopted at a meeting of the City Commission, held on November 24, 2020 The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976. CITY OF MUSKEGON By _________________________________ Ann Marie Meisch, Clerk Muskegon County Property Viewer Print Report generated 11/18/2020 at 8:55:28 AM Muskegon County This report has been generated from the M usk egon County GIS Property Viewer. While every effort has been made to prov ide accurate information, Property Report Musk egon County and Muskegon County GIS shall not be held liable for the information presented herein. All data shall be verified by the municipal assessor. SA District Properties Esri, HERE , G armin, (c) OpenStreetMap contributors, and the GIS user community, Musk egon County G IS, Muskegon County, Michigan Agenda Item Review Form Muskegon City Commission Commission Meeting Date: November 24, 2020 Title: Amendment to the Zoning Ordinance – Marihuana Submitted By: Mike Franzak Department: Planning Brief Summary: Staff-initiated request to amend the zoning ordinance to allow for Microbusinesses, Designated Consumption Establishments, Class A Recreational Grows (Up to 100 plants), Class B Recreational Grows (Up to 500 plants), Class A Medical Grows (Up to 500 plants) and temporary marihuana events as a special use permitted in I-1, I-2, MC, B-2 and B-4 zoning districts. Detailed Summary: The Planning Commission voted in favor of the ordinance amendment with the following conditions: Any adult-use marihuana business shall not be located within a 500-foot radius of any property occupied by: (1) a public playground, (2) a public park, (3) public housing, (4) a religious institution, (5) a public or private, vocational school, college, junior college, or university, (6) a state-licensed child care center or pre-school, (7) any public swimming pool, public or private youth activity facility, public outdoor recreation area (except trails), or public recreation facility, (8) a youth center, (9) a juvenile or adult halfway house, (10) correctional facility or rehab center. Amount Requested: Amount Budgeted: Fund(s) or Account(s): Fund(s) or Account(s): Recommended Motion: To approve the request to amend the zoning ordinance to allow for Microbusinesses, Designated Consumption Establishments, Class A Recreational Grows, Class B Recreational Grows, Class A Medical Grows and temporary marihuana events as a special use permitted in I-1, I-2, MC, B-2 and B-4 zoning districts. Check if the following Departments need to approve the item first: Police Dept. Fire Dept. IT Dept. For City Clerk Use Only: Commission Action CITY OF MUSKEGON MUSKEGON COUNTY, MICHIGAN ORDINANCE NO._____ An ordinance to amend Sections 905, 1101, 1301, 1401 and 1501 of the Zoning Ordinance to allow for Microbusinesses, Designated Consumption Establishments, Class A Recreational Grows (Up to 100 plants), Class B Recreational Grows (Up to 500 plants), Class A Medical Grows (Up to 500 plants) and temporary marihuana events as a special use permitted in I-1, I-2, MC, B-2 and B-4 zoning districts. THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS: NEW LANGUAGE (additions in bold) Sections 905 (MC), 1101 (B-2), 1301 (B-4), 1401 (I-1) and 1501 (I-2) to add as a special use permitted: Microbusinesses, Designated Consumption Establishments, Class A Recreational Grows (Up to 100 plants), Class B Recreational Grows (Up to 500 plants), Class A Medical Grows (Up to 500 plants) and temporary marihuana events. This ordinance adopted: Ayes:______________________________________________________________ Nayes:_____________________________________________________________ Adoption Date: Effective Date: First Reading: Second Reading: CITY OF MUSKEGON By: _________________________________ Ann Meisch, MMC, City Clerk CERTIFICATE The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County, Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the 24th day of November 2020, at which meeting a quorum was present and remained throughout, and that the original of said ordinance is on file in the records of the City of Muskegon. I further certify that the meeting was conducted and public notice was given pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of Michigan No. 33 of 2006, and that minutes were kept and will be or have been made available as required thereby. DATED: ___________________, 2020. __________________________________________ Ann Meisch, MMC Clerk, City of Muskegon Publish: Notice of Adoption to be published once within ten (10) days of final adoption. CITY OF MUSKEGON NOTICE OF ADOPTION Please take notice that on November 24, 2020, the City Commission of the City of Muskegon adopted an ordinance to amend Sections 905, 1101, 1301, 1401 and 1501 of the Zoning Ordinance to allow for Microbusinesses, Designated Consumption Establishments, Class A Recreational Grows (Up to 100 plants), Class B Recreational Grows (Up to 500 plants), Class A Medical Grows (Up to 500 plants) and temporary marihuana events as a special use permitted in I-1, I-2, MC, B-2 and B-4 zoning districts. Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours. This ordinance amendment is effective ten days from the date of this publication. Published ____________________, 2020. CITY OF MUSKEGON By _________________________________ Ann Meisch, MMC City Clerk --------------------------------------------------------------------------------------------------------------------- PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE. Account No. 101-80400-5354
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