City Commission Packet 02-28-2023

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                                               City of Muskegon
                                           City Commission Meeting
                                                    Agenda

                                          February 28, 2023, 5:00 pm
                                              Muskegon City Hall
                                   933 Terrace Street, Muskegon, MI 49440

AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETINGS OF THE CITY OF MUSKEGON AND ANY OF
ITS COMMITTEES OR SUBCOMMITTEES

To give comment on a live-streamed meeting the city will provide a call-in telephone number to the public to
be able to call and give comment. For a public meeting that is not live-streamed, and which a citizen would like
to watch and give comment, they must contact the City Clerk’s Office with at least a two-business day notice.
The participant will then receive a zoom link which will allow them to watch live and give comment. Contact
information is below. For more details, please visit: www.shorelinecity.com

The City of Muskegon will provide necessary reasonable auxiliary aids and services, such as signers for the
hearing impaired and audio tapes of printed materials being considered at the meeting, to individuals with
disabilities who want to attend the meeting with twenty-four (24) hours’ notice to the City of Muskegon.
Individuals with disabilities requiring auxiliary aids or services should contact the City of Muskegon by writing
or by calling the following: Ann Marie Meisch, MMC – City Clerk, 933 Terrace Street, Muskegon, MI 49440;
231-724-6705; clerk@shorelinecity.com

                                                                                                          Pages

   1.    Call To Order

   2.    Prayer

   3.    Pledge of Allegiance

   4.    Roll Call

   5.    Honors, Awards, and Presentations

          5.a     Introduce New Staff - Department of Public Works

         5.b      Ken James from Muskegon Community College

          5.c     Fair Housing Settlement Update - Community and Neighborhood Services                         1

   6.    Public Comment on Agenda Items
 7.   Consent Agenda

      7.a    Approval of Minutes - City Clerk                                             2

      7.b    Financing a Fire Pumper Truck - Finance                                      25

      7.c    Landscaping Contract - Department of Public Works                            29

      7.d    Sale of 769 Catawba - Community and Neighborhood Services                    35

      7.e    Relocation Plan - Community & Neighborhood Services                          37

      7.f    1194 Pine Lease Agreement                                                    45

 8.   Public Hearings

 9.   Unfinished Business

      9.a    Housing Board of Appeals, Demolition 835 W. Forest - Public Safety           62

10.   New Business

      10.a    Housing Board of Appeals, Demolition - 771 McLaughlin Ave & 1984 Reynolds   68
              St. - Public Safety

11.   Any Other Business

12.   Public Comment on Non-Agenda items

13.   Closed Session

14.   Adjournment
                           Agenda Item Review Form
                            Muskegon City Commission

    Commission Meeting Date: February 28, 2023                          Title: Fair Housing Settlement

    Submitted By: Sharonda Carson                                       Department: CNS

    Brief Summary: Presenting update on Fair Housing of West Michigan settlement with Fannie Mae.



    Detailed Summary & Background: N/A



    Goal/Focus Area/Action Item Addressed:
    Refer to the 2022-2027 Long Term Goals document.

    Amount Requested:                                  Amount Budgeted:
                                                       Contact Finance if your item does not fit into
                                                       the current budget.

    Fund(s) or Account(s):                             Fund(s) or Account(s):

    Recommended Motion: Information only

    Approvals: Get approval from division head at a minimum prior       Guest(s) Invited / Presenting
    to sending to the Clerk.
    Immediate Division Head         Information Technology              Yes
    Other Division Heads            Communication                       No
    Legal Review

    For City Clerk Use Only:
    Commission Action:




Packet Page 1
                         Agenda Item Review Form
                          Muskegon City Commission

    Commission Meeting Date: February 28, 2023          Title: Approval of Minutes

    Submitted By: Ann Marie Meisch, MMC                 Department: City Clerk

    Brief Summary:   To approve the corrected September 13, 2022 minutes and the January 24,
    2023 Regular Meeting.



    Detailed Summary: The minutes for September 13, 2022 need to be corrected to include the
    correct motion language for New Business, Item A – Adelaide Pointe Cooperative Use Agreement.
    The minutes that were previously approved included motion language for the wrong item.
    Motion by Commissioner Emory, second by Commissioner Ramsey, to approve the
    request to rezone the properties at 2043, 2051, 2065, and 2075 Dowd from R-3, High
    Density Single Family Residential to Form Based Code, Urban Residential.
    *2/28/23 CORRECTION TO MOTION LANUGAGE below:
    *Motion by Commissioner Ramsey, second by Commissioner Hood, to approve the
    updated cooperative use agreement and rescind the development agreement formerly
    approved on October 26, 2021 for the Adelaide Pointe development.

    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:




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           C I T Y O F M U S K E GO N
                CITY COMMISSION MEETING
            S E P T E M B E R 1 3 , 2 0 2 2 @ 5 : 3 0 P. M .
          MUSKEGON CITY COMMISSION CHAMBERS
       9 3 3 T E R R AC E S T R E E T, M U S K E GO N , M I 4 9 4 4 0


                                         MINUTES

     The Regular Commission Meeting of the City of Muskegon was held at City Hall, 933
     Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, September 13, 2022, Vice
     Mayor Willie German, Jr., opened the meeting with prayer, after which the Commission
     and public recited the Pledge of Allegiance to the Flag.
     Present: Mayor Ken Johnson, Vice Mayor Willie German, Jr., Commissioners Teresa
     Emory, Rebecca St.Clair, Rachel Gorman, Michael Ramsey, and Eric Hood, Interim City
     Manager LeighAnn Mikesell, City Attorney John Schrier, and City Clerk Ann Meisch.
     PUBLIC COMMENT ON AGENDA ITEMS:                   Public comments were received.
     2022-79      CONSENT AGENDA:
       A. Approval of Minutes          City Clerk
     SUMMARY OF REQUEST: To approve the minutes of the August 8, 2022 and the August
     9, 2022 Regular Meeting.
     STAFF RECOMMENDATION: To approve the minutes.
       C. General Fund Transfers for FY2021-22 Finance
     SUMMARY OF REQUEST: During the close out of fiscal year 2021-22 and based on the
     financial results for the fiscal year ended June 30, 2022 we want to transfer $115,000
     from the General Fund to the Trinity health Arena Fund to eliminate a fund balance
     deficit. Also, we want to transfer $2,500 from the General Fund to the Tree Fund to
     eliminate a fund balance deficit. Finally, we want to transfer $40,750.14 from the General
     Fund to the State Grants fund to cover bad debt. Staff is requesting formal approval of
     these General Fund transfers.
     At the close of FY2021-22 three funds that required a transfer from the General Fund. (1)
     the FY2021-22 budget called for a General Fund transfer of $115,000 to the Trinity
     health Arena Fund to avoid a fund balance deficit. The original budget REQUESTED A


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     $350,000 TRANSFER TO THE Trinity Health Arena. The Arena’s revenue was better than
     projected and we thought the Arena did not need any transfer from the General Fund.
     However, at the end of the 2021-22 year the expenditures exceeded revenue by
     approximately $115,000. (2) The Tree fund has a small deficit that needs to be covered
     by the General Fund of $2,500 to avoid a fund balance deficit. (3) The FY2021-22 budget
     called for General Fund transfer of $40,750.41 to the State Grant fund to write off bad
     debt from the CMI Site Assessment and Hendrickson Brownfield loan. Commission
     previously approve the debt write off at the July 26, 2022 meeting. Now we are officially
     asking to transfer the funds from the General Fund to complete the debt write off.
     STAFF RECOMMENDATION: To approve the General Fund transfers of $115,000 to the
     Trinity Health Fund, $40,750.14 to the State Grants Fund, and $2,500 to the Tree
     Replacement Fund.
       D. PowerMIFleet Enrollment Public Works
     SUMMARY OF REQUEST: Staff is requesting authorization to enroll in the PowerMIFleet
     Program.
     The PowerMIFleet program through Consumers Energy provides assistance to the City
     in seeking to begin consideration for electrifying the city’s fleet of vehicles. Through the
     program Consumers Energy will provide a number of services to assist the city in a
     number of ways.
           Review of existing fleet to determine the vehicles best suited for electrification.
           Review of existing facilities to determine the best location for installation of
            charging infrastructure.
           Identification and pursuit of grants and rebates to support the initiative.
     There is no immediate cost for enrollment in the program, however in exchange for
     enrollment in the program, the city is making a commitment to purchase and deploy at
     least one (1) electric vehicle through the program. There is no set timeline for when that
     needs to be accomplished but note that the current FY budget did not propose any EV
     so if there is opportunity to take action yet this FY there could be unbudgeted costs with
     minimal modification provided they are not excessive.
     STAFF RECOMMENDATION: Authorize staff to enroll in the PowerMIFleet Program with
     Consumers Energy.
       F.   Wastewater Committee Public Works
     SUMMARY OF REQUEST: Staff is requesting approval of the resolution to designate the
     representatives for the County Wastewater Committee.
     Staff is requesting to update this resolution to replace the City Manager with the Deputy
     DPW Director as the alternate representative on the County Wastewater Committee.

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     STAFF RECOMMENDATION: Approve the resolution appointing the DPW Director as the
     representative to the County Wastewater Committee and the Deputy DPW Director as
     the alternate representative and authorize the Clerk to sign.
       H. MDEGLE Grant Agreement              Public Works
     SUMMARY OF REQUEST: Staff is requesting authorization to sign the grant agreement
     with MDEGLE.
     The City of Muskegon was awarded a $687,000 grant from the Michigan Department of
     Environment, Great Lakes, and Energy (MDEGLE) through their Drinking Water
     Infrastructure (DWI) Program. The grant is tied to the 2023 project on Sanford Street;
     with the remainder of the project expenses financed through the state revolving fund
     programs which provide additional principal forgiveness in addition to the grant dollars
     awarded through the DWI program.
     The grant and revolving fund programs continue to help ensure we can deliver an
     efficient and effective capital program within our water/sewer systems. Even though the
     programs require additional work to meet compliance along with carrying several
     provisions that would otherwise be optional for the city (Buy America for Iron/Steel
     Components & Prevailing Wage) the grants, principal forgiveness, and financing terms
     available to the city through these programs have provided immense benefit.
     Accepting the grant will not run concurrent with our other work on Sanford Street and
     does not add any expenses to the City.
     Staff is recommending acceptance of the grant and plans to continue pursuing
     additional opportunities for future financing within the state programs.
     STAFF RECOMMENDATION: To authorize staff to sign and accept the grant agreement
     with MDEGLE.
       I.   Back Hoe Purchase DPW/Equipment
     SUMMARY OF REQUEST: Backhoe purchase from Michigan Cat, the MI-Deal State
     contract holder for a price of $121,000. The Equipment Division is seeking permission to
     purchase one new backhoe form Michigan Caterpillar, the Mi-Deal contract holder for a
     price of $121,000 coming from the 2022/23 budget. This backhoe will replace one of our
     older machines.
     AMOUNT REQUESTED: $121,000               AMOUNT BUDGETED: $121,000
     FUND OR ACCOUNT: Equipment Account
     STAFF RECOMMENDATION: To approve the Equipment Division to proceed with the
     purchase.
       K. US Army Corps of Engineers Lease          City Manager

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     SUMMARY OF REQUEST: Staff is requesting approval to renew the lease with the US
     Army Corps of Engineers for use of the navigation structures at the Muskegon Harbor
     Federal Navigation Project.
     The lease would authorize the continuation of passive recreational activities on the US
     South Breakwater, the US South Revetment and Pier, and allow for the operation and
     maintenance of pier safety devices on the US North and South Breakwaters
     STAFF RECOMMENDATION: To approve the lease renewal with the US Army Corps of
     Engineers and authorize the mayor and clerk to sign.
       L.   Juneteenth Holiday         City Manager
     SUMMARY OF REQUEST: Staff is seeking approval to add the federally recognized
     Juneteenth holiday as a recognized for all city staff starting in 2023.
     The holiday will be observed on the same date as the federal Juneteenth holiday each
     year.
     Each union’s language relating to holiday pay, time off for holidays, compensatory time,
     and overtime on a holiday will apply to the Juneteenth holiday as it would to any other
     recognized holiday for that union.
     STAFF RECOMMENDATION: To approve the inclusion of Juneteenth as a recognized
     holiday for all city staff beginning in 2023.
       M. Email Migration to the Cloud with Enhanced Security, Backup, and User
         Training     Information Technology
     SUMMARY OF REQUEST: Authorize the migration of our on-prem systems to a cloud-
     hosted solution adding advanced email protection, backup, archival, and user security
     awareness training.
     To improve the security and functionality of the user email experience. The I.T.
     Department would like to upgrade and move our email systems to Microsoft’s
     government cloud protected by a Barracuda Networks advanced email security solution.
     This migration provides benefits such as larger mailbox storage (50GB per mailbox),
     advanced net-gen AI threat protection, cloud-to-cloud backup and archival, and end-
     user security awareness training. The initial cost for the first year of cloud-hosted
     services and full implementation is $64,000. The yearly cloud subscription fee for
     subsequent years will be $49,000. Broken down, these subscriptions amounts are $4 per
     user per month for email and $10.89 per user per month for protection, training, archival
     and backup. Amounts are budgeted.
     AMOUNT REQUESTED: $64,000                AMOUNT BUDGETED: $64,000
     FUND OR ACCOUNT: 101-228


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     STAFF RECOMMENATION: To approve the implementation of cloud-hosted email with
     added advanced protection, archival, backup, and training.




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       N. District Library Board Appointment         City Clerk
     SUMMARY OF REQUEST: To appoint Clayton Hardiman to the District Library Board,
     term expiring June 30, 2026.
     STAFF RECOMMENDATION: To make the appointment.
     Motion by Vice Mayor German, second by Commissioner Ramsey, to accept the
     consent agenda as presented, minus items B, E, G, and J.
     ROLL VOTE: Ayes: Gorman, Emory, St.Clair, Johnson, Hood, Ramsey, and German
                  Nays: None
     MOTION PASSES
     2022-80      REMOVED FROM CONSENT AGENDA:
       B. Flag Policy City Clerk
     SUMMARY OF REQUEST: To adopt the updated flag policy.
     Based on the Attorney’s recommendation, staff felt it necessary to recommend changes
     tour current flag policy. The proposed policy would not allow the flying of any flags with
     the exception of United States of America, State of Michigan, the County of Muskegon,
     the City of Muskegon flag, a Sister Cities of the City of Muskegon flag, and visiting
     dignitaries from the Embassy and/or Consulate that are formally acknowledged by the
     Mayor and/or City Commission.
     STAFF RECOMMENDATION: To adopt the amended flag policy as presented.
     Motion by Commissioner St.Clair, second by Commissioner Hood, to adopt the
     amended flag policy as presented.
     ROLL VOTE: Ayes: Emory, St.Clair, Johnson, Hood, Ramsey, German, and Gorman
                  Nays: None
     MOTION PASSES
       E.   Shoreline Drive Engineering Amendment            Public Works
     SUMMARY OF REQUEST: Staff is requesting authorization to sign the amendment to the
     professional services agreement with Progressive AE in relation to the Shoreline Drive
     Road Diet.
     ProgressiveAE is requesting an amendment to the professional services agreement
     related to a change on the Shoreline Drive project outside of the original scope. The
     amendment requests an additional $13,700 which represents a 28% increase on the
     original $49,090 contract and requires commission approval based on the percentage
     increase.


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     The additional costs are related to a change in the project scope to complete the pilot in
     tow separate phases rather than a single phase. The split phasing required the engineer
     to develop additional sets of plans and also provides an opportunity for additional data
     collection during both phases which was not originally anticipated in the scope.
     AMOUNT REQUESTED: $13,700 (INCREASE)             AMOUNT BUDGETED: $115,000
                              $62,790 (TOTAL)                           (21/22 & 22/23)
     FUND OR ACCOUNT: 202
     STAFF RECOMMENDATION: Authorize staff to approve the amendment request with
     ProgressiveAE for Shoreline Drive Traffic Engineering.
     Motion by Vice Mayor German, second by Commissioner Emory, to approve the
     amendment request with ProgressiveAE for Shoreline Drive Traffic Engineering.
     ROLL VOTE: Ayes: St.Clair, Johnson, Hood, Ramsey, Gorman, and Emory
                    Nays: German
     MOTION PASSES
       G. Shoreline Drive Traffic Control Public Works
     SUMMARY OF REQUEST: Staff is requesting authorization to accept the bid from Give
     Em A Brake Safety in the amount of $31,075.00 to provide the Traffic Control services for
     the Shoreline Drive Road Diet Pilot.
     Staff solicited bids for traffic control services for the Shoreline Drive Road Diet project
     based on a split phase approach with a portion to be completed during the Fall of 2022
     and a second portion to be completed in the Spring/Summer of 2023.
     One (1) bid was received as follows:
                   $31,075.00 – Give Em A Brake Safety (Grandville, MI)
     Staff is recommending the contract be awarded to the low bidder for the project.
     The bid will provide the traffic control necessary for both stages of the pilot and likely
     represents the largest cost aside from the traffic engineering and study components of
     the project.
     There will be at least one additional item to consider for this project which is still being
     developed and refined by staff. The additional item will include features that invite users
     to imagine future uses of the reclaimed space. Staff is still working to secure
     commitments and pricing for those features and anticipates having that back for
     discussion at a later date if the price warrants additional commission action.
     AMOUNT REQUESTED: $31,075.00                     AMOUNT BUDGETED: $115,000


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                                                                              (21/22 & 22/23)
     FUND OR ACCOUNT: 202
     STAFF RECOMMENDATION: Authorize staff to accept the bid from Give Em A Brake
     Safety in the amount of $31,075 to provide traffic control services in conjunction with
     the Shoreline Drive Road Diet Pilot.
     Motion by Commissioner St.Clair, second by Commissioner Ramsey, to authorize
     staff to accept the bid from Give Em A Brake Safety only for Phase 1 and Phase 2
     Traffic Control during the Fall of 2022 in the amount of $16,825 in conjunction
     with the Shoreline Drive Road Diet Pilot and delay a decision on Phase 3 Traffic
     Control until results of the Fall Pilot are available for consideration.
     ROLL VOTE: Ayes: Johnson, Hood, Ramsey, Gorman, Emory, and St.Clair
                   Nays: German
     MOTION PASSES
       J.    Rezoning of 2043, 2051, 2065, and 2075 Dowd to Form Based Code, Urban
            Residential Planning
     SUMMARY OF REQUEST: Staff-initiated request to rezone the properties at 2043, 2051,
     2065 and 2075 Dowd Street from R-3, High Density Single Family Residential to Form
     Based Code, Urban Residential.
     Staff is in discussions with a developer that is requesting to build duplexes on the lots.
     These properties are located about 600 feet north of the duplexes currently being
     constructed at the corner of Hackley/Dowd. Those properties were approved for a
     rezoning in 2021. There are also large apartment complexes located just to the
     southwest of these parcels. The Planning Commission recommended approval of the
     rezoning by a 5-0 vote at their August 11 meeting.
     STAFF RECOMMENDATION: To approve the request to rezone the properties at 2043,
     2051, 2065 and 2075 Dowd from R-3, High Density Single Family Residential to Form
     Based Code, Urban Residential.
     Motion by Commissioner Emory, second by Commissioner Ramsey, to approve the
     request to rezone the properties at 2043, 2051, 2065, and 2075 Dowd from R-3,
     High Density Single Family Residential to Form Based Code, Urban Residential.
     ROLL VOTE: Ayes: Hood, Ramsey, German, Gorman, Emory, St.Clair, and Johnson
                   Nays: None
     MOTION PASSES




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     2022-81      NEW BUSINESS:
       A. Adelaide Pointe Cooperative Use Agreement City Manager
     SUMMARY OF REQUEST: Staff is seeking approval of the updated cooperative use
     agreement and rescission of the former development agreement for the Adelaide Pointe
     development.
     A development agreement for the Adelaide Pointe development was approved by the
     commission on October 26, 2021. Staff and legal counsel are negotiating with the
     developer on revised terms and seek to rescind the former agreement.
     Staff is seeking approval of the revised cooperative use agreement as the first step in a
     final development agreement for the property. The cooperative use agreement
     addresses the various property exchanges, how property will be accessible to the public,
     and collaborative pursuit of funding. Staff and legal counsel have worked through
     numerous iterations of this agreement with the developer and have reached agreement
     that all can support.
     Staff will seek approval of a revised development agreement at a future meeting.
     STAFF RECOMMENDATION: To approve the updated cooperative use agreement and
     rescind the development agreement formerly approved on October 26, 2021 for the
     Adelaide Pointe development.
     Motion by Commissioner Emory, second by Commissioner Ramsey, to approve the
     request to rezone the properties at 2043, 2051, 2065, and 2075 Dowd from R-3,
     High Density Single Family Residential to Form Based Code, Urban Residential.
     *2/28/23 CORRECTION TO MOTION LANUGAGE below:
     *Motion by Commissioner Ramsey, second by Commissioner Hood, to approve the
     updated cooperative use agreement and rescind the development agreement
     formerly approved on October 26, 2021 for the Adelaide Pointe development.
     ROLL VOTE: Ayes: Ramsey, German, Gorman, Emory, St.Clair, Johnson, and Hood
                  Nays: None
     MOTION PASSES
       B. Designation of Voting Delegates for the Michigan Municipal League Annual
          Meeting     City Commission
     SUMMARY OF REQUEST: To designate, by action of the Commission, one of our officials
     who will be in attendance at the Convention as an official representative to cast the vote
     of the municipality at the Annual Meeting; and, if possible, to designate one other
     official to serve as an alternate.


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     Motion by Commissioner Ramsey, second by Commissioner Hood, to appoint
     Mayor Ken Johnson and alternate Clerk Ann Meisch, to be in attendance and to
     cast the vote of the municipality at the Annual Business meeting of the Michigan
     Municipal League Convention.
     ROLL VOTE: Ayes: German, Gorman, Emory, St.Clair, Johnson, Hood, and Ramsey
                   Nays: None
     MOTION PASSES
     ANY OTHER BUSINESS:
     Commissioner Ramsey requested and received an update from Leo Evans, Director of
     the Department of Public Works, on the project on Terrace Street to hopefully clear up
     any questions or concerns by the residents and neighbors. It is intended to have
     construction complete on Terrace by mid-November to early December with the ability
     to plant grass in the Spring. Access to all business is still able to be achieved by use of
     side streets.
     Mayor Johnson invited Public Safety Director, Tim Kozal, to introduce himself and talk
     about how his first couple of weeks on the job has gone.
     PUBLIC COMMENT ON NON-AGENDA ITEMS: Public comments were received.
     ADJOURNMENT: The City Commission meeting adjourned at 7:23 p.m.


                                                      Respectfully Submitted,




                                                      Ann Marie Meisch, MMC - City Clerk




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                                      City of Muskegon
                                  City Commission Meeting
                                           Minutes


                                 January 24, 2023, 5:30 pm
                                     Muskegon City Hall
                           933 Terrace Street, Muskegon, MI 49440

     Present:              Mayor Ken Johnson
                           Commissioner Rachel Gorman
                           Commissioner Rebecca St.Clair
                           Commissioner Eric Hood
                           Vice Mayor Willie German, Jr.
                           Commissioner Michael Ramsey
                           Commissioner Teresa Emory

     Staff Present:        City Manager Jonathan Seyferth
                           City Attorney John Schrier
                           City Clerk Ann Meisch



     1.    Call To Order
           Mayor Johnson called the meeting to order at 5:30 p.m.
     2.    Prayer
           Pastor Tara Foreman from Bethany Christian Reformed Church opened the
           meeting with prayer.
     3.    Pledge of Allegiance
           The Commission and public recited the Pledge of Allegiance to the Flag.
     4.    Roll Call
           As recorded above.
     5.    Honors, Awards, and Presentations
           5.a    Resolution Honoring Connie Navarro




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                 The City of Muskegon recognizes and honors the late Erenia "Connie"
                 Navarro as a community leader, a Latino champion, civil rights giant, small
                 business owner, social agency worker, volunteer, wife, mother and friend
                 of countless Muskegon Citizens. A resolution recognizing years of service
                 was read in English and in Spanish in front of family, friends, and
                 community members.
                 Action No. 2023-14

                 Motion by: Vice Mayor German
                 Second by: Commissioner Ramsey

                 To designate Walton Avenue from Terrace to Pine Streets as Connie
                 Navarro Way.

                                                                         MOTION PASSES


           5.b   Mental Health Crisis Team- Introduction/Presentation

                 Public Safety Director Tim Kozal introduced Heather Wiegand,
                 HealthWest Supervisor. Heather Wiegand introduced Office Andy McKee
                 and Michelle Pouch, a Master Clinician Social Worker. Michelle will be our
                 Master Clinician Social Worker and is embedded with the Muskegon
                 Police Department to go on calls with officers for mental crises.
     6.    Public Comment on Agenda Items
           Public comments were received.
     7.    Consent Agenda
           Action No. 2023-15

           Motion by: Commissioner Ramsey
           Second by: Commissioner St.Clair
           To accept the consent agenda as presented, minus items B, D, H, I, and J.

           Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner St.Clair,
           Commissioner Hood, Vice Mayor German, Commissioner Ramsey, and
           Commissioner Emory

                                                                 MOTION PASSES (7 to 0)


           7.a   Approval of Minutes - City Clerk



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                 To approve the minutes of the December 28, 2022 Special Meeting.
                 STAFF RECOMMENDATION: To approve the minutes.
           7.c   Signing Purchase Agreements - City Manager

                 Staff is requesting approval of a resolution which specifies who can sign
                 purchase agreements on behalf of the city.

                 The resolution names Jonathan Seyferth and LeighAnn Mikesell as city
                 employees who are authorized to sign purchase agreements on behalf of
                 the city.

                 STAFF RECOMMENDATION: To approve the resolution authorizing
                 specific city staff to sign purchase agreements on behalf of the city.
           7.e   Sale of 1334 Pine Street - City Manager

                 Staff is requesting approval of a purchase agreement for 1334 Pine Street.
                 1334 Pine Street was constructed through the agreement with Dave
                 Dusendang to construct infill housing with ARPA funding. The offer is for
                 the full listing price and is contingent on the sale of the buyer’s current
                 home. The realtor will allow 14 days for the buyer to sell their current
                 home, then continue to accept offers.

                 STAFF RECOMMENDATION: To approve the purchase agreement for
                 1334 Pine Street.
           7.f   Sale of 373 Catawba Avenue - City Manager
                 Staff is requesting approval of a purchase agreement for 373 Catawba
                 Avenue. 373 Catawba Avenue was constructed through the agreement
                 with Dave Dusendang to construct infill housing with ARPA funding. The
                 offer is for the full listing price with no seller concessions.
                 STAFF RECOMMENDATION: To approve the purchase agreement for
                 373 Catawba Avenue.
           7.g   Special Events - DPW

                 Staff is seeking approval of a proposed change to the Special Event
                 Policy. The revised Special Event Policy with the proposed addition of not
                 closing Western Ave for a walk or run is provided This was discussed at
                 the October 10, 2022 Worksession meeting but staff neglected to include
                 the change in the policy.




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                 STAFF RECOMMENDATION: To approve the change to the Special
                 Event Policy.
           7.k   Sale of 548 E. Dale - Community and Neighborhood Services

                 Seeking authorization to sell 548 E Dale to a qualified buyer. The CNS
                 Department utilized HOME Investment Partnership Program funds to
                 rehabilitate a home at 548 E Dale to sell through our Homebuyer Program.
                 Renovations are completed, and a qualified buyer, Lindsey Sweezer, has
                 put in an offer of $145,000 with a $14,000 subsidy, which CNS has
                 accepted. Income from this sale will be reinvested in our programming.

                 STAFF RECOMMENDATION: Adopt the resolution for the sale of 548 E
                 Dale to Lindsey Sweezer and authorize the City Clerk to sign it.
           7.b   Community Relations Commission Recommendations - City Clerk

                 To concur with the CRC recommendations to remove member from the
                 Farmers Market Advisory Board and make the appointments detailed
                 below.
                 The CRC recommends:

                       Removing Woody Van Blargan – Seasonal Food Vendor – Term
                        Expiring 1/31/2024 from the Farmers Market Advisory Board.

                       Making the following appointments:

                       Board of Review - Reappoint Pamela Smith; Appoint Clinton Todd
                        & Don Hammond (Citizens)

                       Citizen’s Police Review Board – Reappoint William Muhammad &
                        Rozelia Patino (Members of a Minority-Based Organization),
                        Robert Roundtree (Citizen At-Large), Ron Hayward & Ann Craig
                        (Neighborhood Association Representatives); Appoint Eric Hood
                        (Law Enforcement Professional)

                       Civil Service Commission – Reappoint Johnny Brown (Citizen)

                       Construction Code Board of Appeals – Reappoint Lane Bensten
                        (Electrical), Joshua Ohst (Public Health) and Wade VandenBosch
                        (Construction Manager)

                       Downtown Development Authority – Reappoint Jay Wallace
                        (Member with interest in the property in the district), Brad Hastings
                        & Martha Bottomley (Citizens) & Doug Pollock (Resident of the


                                               4
Packet Page 16
                        district); Appoint Kiel Reid & Bob Tarrant (Members with interest in
                        the property in the district)

                       Election Commission – Reappoint Casey Allard (Citizen)

                       Equal Opportunity Committee – Reappoint Jared Gazarek
                        (Citizen representing Ward 2)

                       Farmers Market Advisory Board – Reappoint Jon Visser
                        (Seasonal Farmer), Kathi Upman (Seasonal Crafter/Artisan), &
                        Cindy Larsen (Citizen)

                       Historic District Commission – Reappoint Kimi George (Person
                        with occupational or financial interest in one or more of the
                        historical districts) & David Gregersen (Citizen)

                       Housing Code Board of Appeals – Reappoint Kim Burr (Citizen);
                        Appoint Steven Frantz (Citizen)

                       Housing Commission – Reappoint Ken Grant (Citizen)

                       Income Tax Board of Review – Appoint Bethanny Cody
                        (Resident)

                       Lakeside Business Improvement District – Reappoint Louise
                        Hopson & Kathy Fearnley (Assessed property owners or their
                        representatives)

                       Local Officer’s Compensation Commission – Reappoint Marty
                        Ferriby (Citizen)

                       Planning Commission – Reappoint Bryon Mazade, Larry Spataro
                        & Jill Montgomery-Keast (Citizens)

                       Zoning Board of Appeals – Reappoint Virginia Taylor, Jill
                        Montgomery-Keast, & Jonathan Witmer (Residents); Appoint Mike
                        Gallavin (Resident)

                 STAFF RECOMMENDATION: To concur with the recommendation of the
                 CRC to make the above removal and appointments.
                 Action No. 2023-16

                 Motion by: Commissioner Ramsey
                 Second by: Commissioner St.Clair




                                               5
Packet Page 17
                 To concur with the recommendation of the Community Relations
                 Committee to make the above removal and appointments.

                 Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
                 St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
                 Ramsey, and Commissioner Emory

                                                                 MOTION PASSES (7 to 0)


           7.d   Sale of 1330 Pine Street - City Manager

                 Staff is requesting approval of a purchase agreement for 1330 Pine Street.
                 1330 Pine Street was constructed through the agreement with Dave
                 Dusendang to construct infill housing with ARPA funding. Once seller
                 concessions are included, the offer is for the full listing price.

                 STAFF RECOMMENDATION: To approve the purchase agreement for
                 1330 Pine Street. The buyer requested a refrigerator, stove, and air
                 conditioning, the sales price was increased to cover the additional costs.
                 Action No. 2023-17
                 Motion by: Commissioner Ramsey
                 Second by: Commissioner St.Clair
                 To approve the purchase agreement for 1330 Pine Street.

                 Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
                 St.Clair, Commissioner Hood, Vice Mayor German, and Commissioner
                 Ramsey
                 Absent (1): Commissioner Emory

                                                                 MOTION PASSES (6 to 0)


           7.h   2023 User Fee Update - Finance

                 City Departments have reviewed and updated their user fees and these
                 have been incorporated into the Master Fee Resolution that is provided for
                 your consideration.

                 STAFF RECOMMENDATION: To approve the 2023 Master Fee
                 Resolution.
                 Action No. 2023-18



                                               6
Packet Page 18
                 Motion by: Commissioner Ramsey
                 Second by: Commissioner Hood
                 To approve the 2023 Master Fee Resolution

                 Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
                 St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
                 Ramsey, and Commissioner Emory
                                                                  MOTION PASSES (7 to 0)


           7.i   Deficit Elimination Plan - Marina - Finance
                 To approve the Deficit Elimination plan and resolution for the Marina Fund
                 and direct staff to submit plan to the State of Michigan.

                 At June 30, 2022 the Marina Fund had a $395,374.00 deficit. Act 275 of
                 Public Acts of 1980 requires the City to formulate a deficit elimination plan
                 and submit it to the Michigan Department of Treasury. The deficit
                 elimination plan and resolution for the Sewer Fund are attached.
                 AMOUNT REQUESTED: $450,000
                 FUND OR ACCOUNT: General Fund to Marina Fund

                 STAFF RECOMMENDATION: To approve the deficit elimination
                 resolution for the Marina Fund.
                 Action No. 2023-19

                 Motion by: Commissioner Ramsey
                 Second by: Commissioner Emory
                 Tp approve the deficit elimination resolution for the Marina Fund.

                 Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
                 St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
                 Ramsey, and Commissioner Emory

                                                                  MOTION PASSES (7 to 0)


           7.j   Deficit Elimination Plan- Brownfield Redevelopment Authority
                 (combined) - Finance




                                                7
Packet Page 19
                  To approve the Deficit Elimination plan and resolution for the Brownfield
                  Redevelopment Authority (combined) and direct staff to submit plan to the
                  State of Michigan.

                  At June 30, 2022 the Brownfield Redevelopment Authority (combined) had
                  a $64,211.00 deficit. Act 275 of Public Acts of 1980 requires the City to
                  formulate a deficit elimination plan and submit it to the Michigan
                  Department of Treasury. The deficit elimination plan and resolution for the
                  Brown Field Redevelopment are attached.

                  STAFF RECOMMENDATION: To approve the deficit elimination
                  resolution for the Brownfield Redevelopment.

                  Motion by: Vice Mayor German
                  Second by: Commissioner Hood

                  To approve the deficit elimination resolution for the Brownfield
                  Redevelopment.

                  Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
                  St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
                  Ramsey, and Commissioner Emory

                                                                   MOTION PASSES (7 to 0)


     8.    Public Hearings
     9.    Unfinished Business
     10.   New Business
           10.a   Housing Board of Appeals, Demolition - 835 W. Forest, 1043
                  Washington, and 1642 Dyson - Public Safety
                  To concur with the Housing Board of Appeals decision to demolish and
                  authorize administration to obtain bids for the demolition and that the
                  Mayor and Clerk be authorized and directed to execute a contract for
                  demolition with the lowest responsible bidder.

                  Housing Board of Appeals has deemed 835 W Forest, 1043 Washington
                  and 1642 Dyson to be in property maintenance violation. Property has
                  been a long-standing area of blight and public nuisance/hazard.

                  STAFF RECOMMENDATION: To concur with the Housing Board of
                  Appeals decision to demolish and authorize administration to obtain bids



                                                8
Packet Page 20
                 for the demolition and that the Mayor and Clerk be authorized and directed
                 to execute a contract for demolition with the lowest responsible bidder.
                 Action No. 2023-21

                 Motion by: Commissioner Ramsey
                 Second by: Commissioner Emory

                 To concur with the Housing Board of Appeals decision to demolish and
                 authorize administration to obtain bids for the demolition and that the
                 Mayor and Clerk be authorized and directed to execute a contract for
                 demolition with the lowest responsible bidder for the property at 1642
                 Dyson Street.

                 Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
                 St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
                 Ramsey, and Commissioner Emory
                                                                 MOTION PASSES (7 to 0)


                 Action No. 2023-21
                 Motion by: Commissioner Ramsey
                 Second by: Commissioner Emory

                 To concur with the Housing Board of Appeals decision to demolish and
                 authorize administration to obtain bids for the demolition and that the
                 Mayor and Clerk be authorized and directed to execute a contract for
                 demolition with the lowest responsible bidder for the property at 1043
                 Washington Avenue.
                 Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
                 St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
                 Ramsey, and Commissioner Emory

                                                                 MOTION PASSES (7 to 0)


                 Action No. 2023-21

                 Motion by: Vice Mayor German
                 Second by: Commissioner Hood

                 To table the decision regarding demolition of 835 W. Forest until the
                 February 28, 2023 City Commission meeting.



                                               9
Packet Page 21
                 Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
                 St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
                 Ramsey, and Commissioner Emory

                                                                 MOTION PASSES (7 to 0)


           10.b First Amendment to Parkland Marina, LLC Development Agreement -
                City Manager

                 The objective of this amendment is to memorialize the public access
                 commitments within the 350 Shoreline Drive Development Agreement with
                 Parkland Marina, LLC. Public access under the former dedication is
                 temporarily restored until construction commences and new public access
                 is guaranteed within project as a condition to issuing building permits. The
                 amendment also extends certain deadlines and provides a payment to the
                 City from Parkland Marina, LLC in the amount of $25,000.00.

                 This first amendment to the development agreement between the City and
                 Parkland Marina, LLC grants the public a temporary license which returns
                 public access to its status prior to the sale of the development property to
                 Parkland Marina, LLC until construction commences. Additionally, the City
                 and Parkland Marina, LLC must approve a new public access instrument
                 prior to the issuance of any building permits. The amendment also
                 increases the purchase price for the development property from $1.00 to
                 $25,000.00, extends certain deadlines, and requires the City to vacate the
                 “driveway” within the former dedication pursuant to City ordinance.

                 City staff identified certain public access commitments discussed with the
                 developer that needed to be included or clarified in the written
                 Development Agreement signed March 25, 2021. City staff and the
                 developer met in the Summer of 2022 to discuss putting those
                 commitments in writing. The amendment was delayed due to a lawsuit
                 filed against the City by a neighboring property owner related to the
                 Development Agreement on August 24, 2022. The purchase price
                 increase, deadline extensions, and the requirement for the City to “vacate”
                 the former dedication are included to address issues raised in that lawsuit.
                 In discussion with legal counsel, the new obligations and increased
                 purchase price can potentially resolve the lawsuit which concerns the
                 value received by the City for the sale of the development property. The
                 City receives a commitment by the developer to restore public access now
                 and at the completion of the project, receives an additional $25,000.00,
                 and the only concession is to extend the developer’s deadline due to

                                              10
Packet Page 22
                 delays caused by the lawsuit. This is fair consideration for the
                 development property taking into account that the development property
                 was burdened by a permanent easement for parking lot purposes which
                 could never terminate without the developer’s agreement, the
                 environmental concerns with the development property, and the fact that
                 public access is guaranteed before and after construction of the project. A
                 public hearing would be held to vacate the former dedication’s “driveway.”

                 STAFF RECOMMENDATION: To approve the First Amendment to the
                 Development Agreement between the City of Muskegon and Parkland
                 Marina, LLC
                 Action No. 2023-22

                 Motion by: Commissioner Hood
                 Second by: Commissioner Ramsey

                 To approve the First Amendment to the Development Agreement between
                 the City of Muskegon and Parkland Marina, LLC.
                 Ayes: (1): Mayor Johnson

                 Nays: (6): Commissioner Gorman, Commissioner St.Clair, Commissioner
                 Hood, Vice Mayor German, Commissioner Ramsey, and Commissioner
                 Emory

                                                                    MOTION FAILS (1 to 6)


     11.   Any Other Business

           Debra Santiago-Sweet, Community Engagement Manager for the City of
           Muskegon, invited participation in two upcoming public events.
     12.   Public Comment on Non-Agenda items
           Public comments were received.
     13.   Closed Session
     14.   Adjournment

           Motion by: Commissioner Ramsey
           Second by: Commissioner St.Clair
           To adjourn the City Commission Meeting at 9:35 p.m.




                                              11
Packet Page 23
                                      MOTION PASSES




                           _________________________
                                  Respectfully Submitted,
                      Ann Marie Meisch, MMC – City Clerk




                 12
Packet Page 24
                           Agenda Item Review Form
                            Muskegon City Commission

    Commission Meeting Date:                  Title: Financing a Fire Pumper Truck
    February 28, 2023

    Submitted By: Kenneth D. Grant            Department: Finance

    Brief Summary: At this time, we are seeking authorization to enter into a lease agreement
    with Huntington Bank for the purchase of a Fire Pumper Truck.

    Detailed Summary & Background: Summary: At the August 10, 2021 City Commission
    meeting the Commission voted to purchase two Fire Trucks. The first truck has already
    been financed in 2021. By the beginning of March 2023, the second Fire Pumper Truck
    will be ready to purchase for $761,602.65. At this time, we are seeking authorization to
    enter into a lease agreement with Huntington Bank. The proposed terms are for a five-
    year lease at 4.4% interest rate with the City purchasing the truck at the end of the lease
    for $1. There is a one-time $500.00 processing fee.



    Goal/Focus Area/Action Item Addressed: Sustainability in financial practices

    Amount Requested:                         Amount Budgeted: $14,163.97 per month for
                                              60 months

    Fund(s) or Account(s):                    Fund(s) or Account(s):101-50336-5700

    Recommended Motion: To allow staff to enter into a lease agreement with Huntington
    Bank for Fire Pumper Truck.

    Approvals: Get approval from              Guest(s) Invited / Presenting
    division head at a minimum prior
    to sending to the Clerk.                  Yes
    Immediate Division Head                   No
    Information Technology
    Other Division Heads
    Communication
    Legal Review

    For City Clerk Use Only:
    Commission Action:



Packet Page 25
                                               TERM SHEET
Date:                       February 20, 2023

Issue:                      Installment Purchase Agreement (the “IPA”)

Issuer/Borrower:            City of Muskegon, County of Muskegon, State of Michigan (“Issuer”)

Purchaser/Lender:           Huntington Public Capital Corporation (“Huntington”)

Security:                   The Fire Truck

Principal Amount:           $761,602.65

Use of Proceeds:            The City desires to acquire a fire truck.

Bond Counsel:               TBD

Purchaser’s Counsel:        N/A

Closing Date:               March 20, 2023 (estimated)

Tax Status:                 Tax-Exempt (Bank Qualified)

5 Year Final Maturity:      March 20, 2028

5 Year Interest Rate:       4.40%

Rate Adjustment:            If the funding of the IPA has not occurred by March 24, 2023, then the Interest Rate and
                            payment will be adjusted to maintain Huntington’s economics as of the date of issuing
                            this Term Sheet.

Fee to Huntington:          $500 Fee for Document Processing

Escrow Fee to Huntington:   $500 Fee, if necessary

Transaction Fees:           All transaction fees, including those of any attorney, shall be the responsibility of the
                            Issuer.

Interest Payments:          Due and payable monthly, commencing on April 20, 2023 (estimated)

Principal Payments:         Due and payable monthly, commencing on April 20, 2023 (estimated)

Optional Prepayment:        The IPA may be subject to optional redemption at any time (in whole, but not in part) at a
                            price equal to the then outstanding balance (“Balance”), plus accrued interest to the date
                            fixed for redemption, plus a prepayment premium calculated as follows: 3% of the
                            Balance if paid in the first year of the IPA term; 2% of the Balance if paid in the second
                            and third years of the IPA term; and 1% of the Balance if paid in the fourth year of the IPA
                            Term; there shall be no prepayment penalty on the IPA if it is called for redemption in the
                            fifth year of the IPA term.

Direct Placement:           Huntington is extending credit as a lender in the usual course of its loan business through
                            the purchase of the IPA for its own account in its normal and customary business
                            practice, with no current intention on the resale, distribution or transfer thereof.

Term Bond Election:         The IPA will be single certificate term IPA, with principal payments representing
                            mandatory principal redemptions.


 Packet Page 26
Term Sheet – City of Muskegon – Installment Purchase Agreement                                                                 Page 2


Required Documentation:                  Draft transaction documents prepared by Huntington unless the City has a Bond Attorney
                                         which it prefers to use. If that is the case, the documents will need to be reviewed by
                                         Huntington prior to signature. Huntington also requires a closing memo, with wire
                                         instructions, signed by an officer of the Issuer authorized in the resolution. In addition,
                                         Huntington requires the original IPA, the certified resolution(s), all the signed closing
                                         certificates, the signed legal opinion, if necessary, and a signed 8038G and non-arbitrage
                                         and tax certificate, if the issue is tax-exempt, all emailed two days prior to the closing
                                         date.

Paying Agent:                            Not required by Huntington

Rating:                                  Not required by Huntington

POS/Official Statement:                  Not required by Huntington

CUSIP:                                   Not required by Huntington

DTC Closing:                             Not required by Huntington

Proposal Expiration:                     This proposal shall expire at Huntington’s option if (a) Huntington has not received the
                                         Issuer’s written acceptance by March 1, 2023; and (b) if the closing date of the IPA has
                                         not occurred by March 24, 2023.


Thank you for the opportunity to offer a proposal on this request. We appreciate your consideration and look forward to
your favorable response. Should you have any questions regarding this term sheet, please do not hesitate to contact me.

Respectfully Submitted,

`xÜxw|à{ TA f{tÇÄx                                                                `tÜv exxÇ
Meredith A. Shanle, Vice President                                                Marc Reen, Vice President, Government Banking
Huntington Public Capital                                                         Huntington National Bank
Phone: 313-410-8771                                                               Phone: 616-235-6486
Email: Meredith.A.Shanle@Huntington.com                                           Email: Marc.Reen@Huntington.com

Accepted By:
City of Muskegon


By

Name

Title

Date
Huntington Public Capital® ("HPC"), a division of The Huntington National Bank (the "Bank"), is providing the information contained in this document for
discussion purposes only in connection with an arm's-length transaction under discussion between you and HPC. If you are a "municipal entity" or
"obligated person" within the meaning of the municipal advisor rules (the "Rules") of the Securities and Exchange Commission, Rule 15Ba1-1 et seq.
this information is provided to you pursuant to and in reliance upon the "bank exemption," and/or other exemptions and/or the "general information"
exclusion provided under the Rules. HPC is acting for its own interest and has financial and other interests that differ from yours. HPC is not acting as a
municipal advisor or financial advisor, and has no fiduciary duty, to you or any other person pursuant to the Rules. The information provided in this
document is not intended to be and should not be construed as "advice" within the meaning of the Rules. HPC is not recommending that you take or
refrain from taking any action with respect to the information contained in this document. Before acting on this information, you should discuss it with
your own financial and/or municipal, legal, accounting, tax and other advisors as you deem appropriate. As used in this notice, the "Rules" means
Section 15B of the Securities Exchange Act of 1934, the Securities and Exchange Commission's Rule 15Ba1-1, et seq., and any related municipal
advisor rules of the Municipal Securities Rulemaking Board, all as they may be amended from time to time.




  Packet Page 27
                                     Interest    Total         Interest       Principal      Outstanding
                     Date     Days     Rate     Payment        Portion        Portion         Balance
  Dated Date      3/20/2023                                                                      761,602.65
       1          4/20/2023    30    4.40%         14,163.97       2,792.54      11,371.43       750,231.22   0.08333333   947.619167
       2          5/20/2023    30    4.40%         14,163.97       2,750.85      11,413.12       738,818.10   0.16666633   1902.18286
       3          6/20/2023    30    4.40%         14,163.97       2,709.00      11,454.97       727,363.13   0.24999933   2863.73486
       4          7/20/2023    30    4.40%         14,163.97       2,667.00      11,496.97       715,866.16   0.33333233   3832.31184
       5          8/20/2023    30    4.40%         14,163.97       2,624.84      11,539.13       704,327.03   0.41666533   4807.95545
       6          9/20/2023    30    4.40%         14,163.97       2,582.53      11,581.44       692,745.59   0.49999833    5790.7007
       7         10/20/2023    30    4.40%         14,163.97       2,540.07      11,623.90       681,121.69   0.58333133   6780.58509
       8         11/20/2023    30    4.40%         14,163.97       2,497.45      11,666.52       669,455.17   0.66666433   7777.65278
       9         12/20/2023    30    4.40%         14,163.97       2,454.67      11,709.30       657,745.87   0.74999733   8781.94378
      10          1/20/2024    30    4.40%         14,163.97       2,411.73      11,752.24       645,993.63   0.83333033   9793.49808
      11          2/20/2024    30    4.40%         14,163.97       2,368.64      11,795.33       634,198.30   0.91666333   10812.3465
      12          3/20/2024    30    4.40%         14,163.97       2,325.39      11,838.58       622,359.72   0.99999633   11838.5366
      13          4/20/2024    30    4.40%         14,163.97       2,281.99      11,881.98       610,477.74   1.08332933   12872.0975
      14          5/20/2024    30    4.40%         14,163.97       2,238.42      11,925.55       598,552.19   1.16666233     13913.09
      15          6/20/2024    30    4.40%         14,163.97       2,194.69      11,969.28       586,582.91   1.24999533   14961.5441
      16          7/20/2024    30    4.40%         14,163.97       2,150.80      12,013.17       574,569.74   1.33332833   16017.4999
      17          8/20/2024    30    4.40%         14,163.97       2,106.76      12,057.21       562,512.53   1.41666133   17080.9832
      18          9/20/2024    30    4.40%         14,163.97       2,062.55      12,101.42       550,411.11   1.49999433   18152.0614
      19         10/20/2024    30    4.40%         14,163.97       2,018.17      12,145.80       538,265.31   1.58332733   19230.7771
      20         11/20/2024    30    4.40%         14,163.97       1,973.64      12,190.33       526,074.98   1.66666033   20317.1395
      21         12/20/2024    30    4.40%         14,163.97       1,928.94      12,235.03       513,839.95   1.74999333   21411.2209
      22          1/20/2025    30    4.40%         14,163.97       1,884.08      12,279.89       501,560.06   1.83332633   22513.0457
      23          2/20/2025    30    4.40%         14,163.97       1,839.05      12,324.92       489,235.14   1.91665933    23622.673
      24          3/20/2025    30    4.40%         14,163.97       1,793.86      12,370.11       476,865.03   1.99999233   24740.1252
      25          4/20/2025    30    4.40%         14,163.97       1,748.51      12,415.46       464,449.57   2.08332533   25865.4423
      26          5/20/2025    30    4.40%         14,163.97       1,702.98      12,460.99       451,988.58   2.16665833   26998.7078
      27          6/20/2025    30    4.40%         14,163.97       1,657.29      12,506.68       439,481.90   2.24999133   28139.9216
      28          7/20/2025    30    4.40%         14,163.97       1,611.43      12,552.54       426,929.36   2.33332433    29289.147
      29          8/20/2025    30    4.40%         14,163.97       1,565.41      12,598.56       414,330.80   2.41665733   30446.4024
      30          9/20/2025    30    4.40%         14,163.97       1,519.21      12,644.76       401,686.04   2.49999033   31611.7778
      31         10/20/2025    30    4.40%         14,163.97       1,472.85      12,691.12       388,994.92   2.58332333   32785.2664
      32         11/20/2025    30    4.40%         14,163.97       1,426.31      12,737.66       376,257.26   2.66665633   33966.9617
      33         12/20/2025    30    4.40%         14,163.97       1,379.61      12,784.36       363,472.90   2.74998933   35156.8536
      34          1/20/2026    30    4.40%         14,163.97       1,332.73      12,831.24       350,641.66   2.83332233   36355.0389
      35          2/20/2026    30    4.40%         14,163.97       1,285.69      12,878.28       337,763.38   2.91665533    37561.504
      36          3/20/2026    30    4.40%         14,163.97       1,238.47      12,925.50       324,837.88   2.99998833   38776.3492
      37          4/20/2026    30    4.40%         14,163.97       1,191.07      12,972.90       311,864.98   3.08332133   39999.6193
      38          5/20/2026    30    4.40%         14,163.97       1,143.50      13,020.47       298,844.51   3.16665433   41231.3277
      39          6/20/2026    30    4.40%         14,163.97       1,095.76      13,068.21       285,776.30   3.24998733    42471.517
      40          7/20/2026    30    4.40%         14,163.97       1,047.85      13,116.12       272,660.18   3.33332033   43720.2295
      41          8/20/2026    30    4.40%         14,163.97         999.75      13,164.22       259,495.96   3.41665333   44977.5761
      42          9/20/2026    30    4.40%         14,163.97         951.49      13,212.48       246,283.48   3.49998633   46243.4994
      43         10/20/2026    30    4.40%         14,163.97         903.04      13,260.93       233,022.55   3.58331933   47518.1468
      44         11/20/2026    30    4.40%         14,163.97         854.42      13,309.55       219,713.00   3.66665233   48801.4926
      45         12/20/2026    30    4.40%         14,163.97         805.61      13,358.36       206,354.64   3.74998533   50093.6541
      46          1/20/2027    30    4.40%         14,163.97         756.63      13,407.34       192,947.30   3.83331833   51394.6022
      47          2/20/2027    30    4.40%         14,163.97         707.47      13,456.50       179,490.80   3.91665133   52704.4187
      48          3/20/2027    30    4.40%         14,163.97         658.13      13,505.84       165,984.96   3.99998433   54023.1484
      49          4/20/2027    30    4.40%         14,163.97         608.61      13,555.36       152,429.60   4.08331733   55350.8364
      50          5/20/2027    30    4.40%         14,163.97         558.91      13,605.06       138,824.54   4.16665033   56687.5278
      51          6/20/2027    30    4.40%         14,163.97         509.02      13,654.95       125,169.59   4.24998333   58033.3099
      52          7/20/2027    30    4.40%         14,163.97         458.96      13,705.01       111,464.58   4.33331633   59388.1437
      53          8/20/2027    30    4.40%         14,163.97         408.70      13,755.27        97,709.31   4.41664933   60752.2041
      54          9/20/2027    30    4.40%         14,163.97         358.27      13,805.70        83,903.61   4.49998233   62125.4061
      55         10/20/2027    30    4.40%         14,163.97         307.65      13,856.32        70,047.29   4.58331533   63507.8839
      56         11/20/2027    30    4.40%         14,163.97         256.84      13,907.13        56,140.16   4.66664833    64899.685
      57         12/20/2027    30    4.40%         14,163.97         205.85      13,958.12        42,182.04   4.74998133   66300.8094
      58          1/20/2028    30    4.40%         14,163.97         154.67      14,009.30        28,172.74   4.83331433   67711.3505
      59          2/20/2028    30    4.40%         14,163.97         103.30      14,060.67        14,112.07   4.91664733   69131.3557
      60          3/20/2028    30    4.40%         14,163.81          51.74      14,112.07             0.00   4.99998033   70560.0725
                                                                                                              5.08331333            0

  Grand Totals                                    849,838.06      88,235.41     761,602.65                                          0
                                                                                                                           2005342.51
                                                                                                                           2.63305612




Packet Page 28
                         Agenda Item Review Form
                          Muskegon City Commission
    Regular Meeting Date: February 28, 2022               Title: Landscaping Contract

    Submitted By: Dan VanderHeide                         Department: Public Works

    Brief Summary: Staff requests award of a three-year landscaping services contract to Barry’s
    Greenhouses in the amount of $111,185 (first year) for service areas including downtown, City Hall,
    the Farmers Market, and others.

    Detailed Summary & Background: Staff has worked with the Downtown BID, DDA, Chamber and
    other stakeholders to develop a landscaping contract that covers a wide array of landscaping
    services currently provided through the City Parks Department. There is a desire among the
    stakeholders to improve the level of service being provided, and a desire among city staff to free
    up staffing resources to improve service in other areas of the city parks. The RFP was presented
    to the Commission at the November 7, 2022 combined work session and regular meeting, and the
    results were discussed with the Commission at the Work Session Meeting on February 13, 2023.
    The contract proposes eight (8) areas identified on the included map, with each area having a distinct
    scope of work and a proposed assigned cost share, as a 3-year contract with optional extensions for
    a 4th and 5th year. The original RFP included work in the Lakeside area, but those businesses have
    decided not to participate at this time.
    The Community Foundation for Muskegon County (CFFMC, via a generous donor, is participating in
    this contract by contributing the full amount for the continuation of services at Hackley Park in the
    amount of $36,500 (for the first year).
    The DDA and Downtown BID discussed their future in a joint meeting on February 14, 2023. The
    Downtown BID is expiring at the end of 2023, so the organizations have decided to jointly fund their
    share going forward (the BID in year one, and the DDA in the following years). The City will manage
    the contract on behalf of the BID and DDA and invoice for their portions ($38,925 in the first year).

    Goal/Focus Area/Action Item Addressed:
    Destination Community & Quality of Life – Enhanced Parks & Recreation Department and Services

    Amount Requested: $27,840 Parks/General              Amount Budgeted: $0 FY23
                         $7,920 Farmers Market                              As Needed FY24

    Fund(s) or Account(s): 101-770 (Parks)               Fund(s) or Account(s): 101-770 (Parks)
                           101-808 (Farmers)                                    101-808 (Farmers)

    Recommended Motion: Authorize staff to enter into a three-year contract with Barry’s Greenhouses
    for landscaping services in various parts of the City for a first-year contract total of $111,185.

    Approvals:                                                           Guest(s) Invited / Presenting
    Immediate Division Head          Information Technology              Yes
Packet Page 29
    Other Division Heads       Communication   No

    For City Clerk Use Only:
    Commission Action:




Packet Page 30
   Not Shown
   Approximately 72 EA planter beds of various                          Farmers Market
   size and shape located throughout the
   downtown area, sample pictures attached.

                          200 Block West Western
                          Alcoa Square & Splashpad
                          (Included with Western Avenue Bid Area)




387 Morris Ave & 401 Morris Ave
Parking Lots
(Included with Western Avenue Bid Area)




 Shoreline Drive
 (Western to
 Ottawa)




                                                                                                            City Hall
                         Hackley Park                                                    Western Avenue
                                                  Third Street                           Fifth to Terrace
  Packet Page 31
                                                  (Muskegon to First)
                        Description                     BID/DDA       City GF      CFFMC       Farmers Market     TOTAL

                                                          100%
             Bid Area #001 - Western Avenue
                                                        $15,700.00                                              $15,700.00

                                                                                    100%
              Bid Area #002 - Hackley Park
                                                                                  $36,500.00                    $36,500.00

                                                          100%
               Bid Area #003 - Third Street
                                                        $5,540.00                                                $5,540.00

                                                                       100%
                 Bid Area #004 - City Hall
                                                                     $6,090.00                                   $6,090.00

                                                                                                   100%
             Bid Area #005 - Farmers Market
                                                                                                 $7,920.00       $7,920.00

                                                                       100%
             Bid Area #006 - Shoreline Drive
                                                                     $17,250.00                                 $17,250.00

                                                          100%
     Bid Area #007 - Various Flower Pots and Planters
                                                        $17,185.00                                              $17,185.00

                                                           10%          90%
      Bid Area #008 - Irrigation Startup / Shutdown
                                                         $500.00     $4,500.00                                   $5,000.00

                           Total                        $38,925.00   $27,840.00   $36,500.00     $7,920.00      $111,185.00




Packet  Page 321 of 1
 Bid Tabulation
                                                                               Bid Tabulation ‐ City of Muskegon Downtown Landscaping Bid


                                                                                                                                             DJ's 
                                                                                                                                          Landscape 
                                                                                 Barry's Greenhouse & Landscaping                           Mgmt                         Building Bridges Professional Services
  Line 
        Description                                               Year #1        Year #2       Year #3        Year #4       Year #5       Year #1 **     Year #1         Year #2       Year #3        Year #4     Year #5
  Item

    1   Bid Area #001 ‐ Western Avenue                         $    15,700.00 $  16,485.00 $  17,309.25 $  18,174.71 $  19,083.45 $   25,238.00             *               *              *             *           *

    2   Bid Area #002 ‐ Hackley Park                           $    36,500.00 $  38,325.00 $  40,241.25 $  42,253.31 $  44,635.98 $   18,581.00             *               *              *             *           *

    3   Bid Area #003 ‐ Third Street                           $       5,540.00 $    5,817.00 $    6,107.85 $    6,413.24 $    6,733.90 $     5,500.00      *               *              *             *           *

    4   Bid Area #004 ‐ City Hall                              $       6,090.00 $    6,394.50 $    6,714.23 $    7,049.94 $    7,402.43 $   12,529.00       *               *              *             *           *

    5   Bid Area #005 ‐ Farmers Market                         $       7,920.00 $    8,316.00 $    8,731.80 $    9,168.39 $    9,626.81 $   15,433.00       *               *              *             *           *

    6   Bid Area #006 ‐ Shoreline Drive                        $    17,250.00 $  14,662.50 $  15,395.63 $  16,165.41 $  16,973.68 $   20,597.00             *               *              *             *           *

    7   Bid Area #007 ‐ Various Flower Pots and Planters       $    17,185.00 $  18,044.25 $  18,946.46 $  19,893.79 $  20,888.47 $   14,130.00 $  12,503.20 $  12,503.20 $  12,503.20 $  12,503.20 $  12,503.20

    8   Bid Area #008 ‐ Irrigation Startup / Shutdown          $       5,000.00 $    5,500.00 $    5,775.00 $    6,063.75 $    6,366.94     $90/Hour        *               *              *             *           *

    9   Bid Area #009 ‐ Lakeside Commercial District           $    12,460.00 $  13,083.00 $  13,737.15 $  14,424.01 $  15,145.21 $   17,462.00             *               *              *             *           *



 BID NOTES / CONDITIONS

 ** DJ's bid includes an annual escalator tied to the Social Security Administration's Cost of Living Adjustment (www.ssa.gov/cola) with a 3% minimum annual increase.

 Building Bridges bid only on the pots and planters.




Packet  Page 33
 Bid Tabulation 1 of 1
Packet Page 34
                           Agenda Item Review Form
                            Muskegon City Commission

    Commission Meeting Date: February 28, 2023                          Title: Sale of 769 Catawba

    Submitted By: Sharonda Carson                                       Department: CNS

    Brief Summary: Seeking authorization to sell 769 Catawba to a qualified buyer.

    Detailed Summary & Background: The CNS Department utilized HOME Investment Partnership
    Program funds to rehabilitate a home at 769 Catawba to sell through our Homebuyer Program.
    Renovations are completed, and a qualified buyer, Jacob Insinga, has put in an offer of $134,000 with
    a $14,000 subsidy,
    which CNS has accepted. Income from this sale will be reinvested in our programming.

    Goal/Focus Area/Action Item Addressed:
    Refer to the 2022 2.4 Develop subsidies to improve housing affordability

    Amount Requested: N/A                                Amount Budgeted: N/A



    Fund(s) or Account(s):                               Fund(s) or Account(s):

    Recommended Motion: Adopt the resolution for the sale of 769 Catawba to Jacob Idsinga and
    authorize the City Clerk to sign it.

    Approvals: Get approval from division head at a minimum prior       Guest(s) Invited / Presenting
    to sending to the Clerk.
    Immediate Division Head            Information Technology           Yes
    Other Division Heads               Communication                    No
    Legal Review

    For City Clerk Use Only:
    Commission Action:




Packet Page 35
                                      CITY OF MUSKEGON, MICHIGAN

           A RESOLUTION FOR TO APPROVE THE SALE OF 769 CATAWBA TO JACOB IDSINGA

     WHEREAS, the City of Muskegon has rehabilitated property at 769 Catawba Avenue, Muskegon, MI
     49442 to make the property available for purchase by an income qualified buyer;

     NOW, THEREFORE BE IT RESOLVED, that the City of Muskegon Commission hereby authorizes the
     sale of the property at 769 Catawba to Jacob Idsinga, a qualified buyer, for $124,900 with a $14,000
     subsidy; and

     BE IT FURTHER RESOLVED, that the City of Muskegon Commission hereby authorizes the Director
     of Community and Neighborhood Services or their designee to prepare and submit the necessary
     documentation to execute the sale.

     Yeas:

     Nays:

     I certify that the above Resolution was adopted by the City Commission of the City of Muskegon on
     February 28, 2023.


     BY:     Ann Meisch, City Clerk



             ______________________________________________________________________________
             Signature                                           Date




Packet Page 36
                           Agenda Item Review Form
                            Muskegon City Commission

    Commission Meeting Date: February 28, 2023                        Title: Relocation Plan

    Submitted By: Sharonda Carson                                     Department: CNS

    Brief Summary: Seeking approval of the RARAP

    Detailed Summary & Background:
       As an entitlement community that receives CDBG and HOME funds from the US Department of
       Housing and Urban Development (HUD), we are required to have a written Residential
       Antidisplacement and Relocation Assistance Plan (RARAP). This plan has been reviewed and
       approved by the regional relocation expert for HUD, Maureen Thurman on February 13, 2023.
       The standards set forth in this plan minimizes and prevents unnecessary displacement of
       people within our community for CDBG and HOME funded projects.

    Goal/Focus Area/Action Item Addressed:



    Amount Requested: N/A                              Amount Budgeted: N/A

    Fund(s) or Account(s): N/A                         Fund(s) or Account(s): N/A

    Recommended Motion: Adopt the resolution for the approval of the RARAP

    Approvals: Get approval from division head at a minimum prior     Guest(s) Invited / Presenting
    to sending to the Clerk.
    Immediate Division Head         Information Technology            Yes
    Other Division Heads            Communication                     No
    Legal Review

    For City Clerk Use Only:
    Commission Action:




Packet Page 37
                                           City of Muskegon
                              Community and Neighborhood Services
              Residential Anti-Displacement and Relocation Assistance Plan (RARAP)
                      CNS A-05        Revision Date: January 26, 2023         Approved:

     1. Overview
     This Residential Anti-Displacement and Relocation Assistance Plan (RARAP) is prepared by the
     City of Muskegon in accordance with the Housing and Community Development Act of 1974, as
     amended; and the U. S. Department of Housing and Urban Development (HUD) regulations at
     24 CFR 42.325, and the Uniform Relocation Assistance and Real Property Acquisition Policies
     Act of 1970, and is applicable to CDBG (24 CFR 570.606) and HOME-assisted (24 CFR 92.353)
     projects. Its purpose is to establish standards and methods for minimizing displacement,
     providing relocation assistance to displaced persons, replacement of demolished or converted
     affordable housing units, and procedures for disclosure to the public and HUD.
     2. Definitions
     Displaced Person – Any person who moves from the real property or moves his or her personal
     property from the real property (1) as a direct result of a written notice of intent to acquire, the
     negotiations for, or the acquisition of, such real property in whole or in part for a project (2) as a
     direct result of rehabilitation or demolition for a project or (3) as a direct result of a written
     notice of intent to acquire or the acquisition rehabilitation or demolition of in whole or in part
     other real property on which the person conducts a business or farm operation, for a project. A
     non-exclusive list of persons who do not qualify as displaced persons is available at 49 CFR
     24.2(a)(9)(ii).
     Program/Project/Activity – Any activity or series of activities undertaken by a Federal Agency or
     with Federal financial assistance received or anticipated in any phase of an undertaking in
     accordance with the Federal funding Agency guidelines.
     Uniform Act – Uniform Relocation Assistance and Real Property Acquisition Policies Act of
     1970 (Pub. L. 91-646, 84 Stat. 1894; 42 U.S.C. 4601 et seq.), and amendments thereto.
     3. Minimizing Displacement
     Consistent with the goals and objectives of activities assisted under the Act, the City of
     Muskegon will take the following steps to minimize the direct and indirect displacement of
     persons from their homes or businesses:

           Stage rehabilitation of apartment units to allow tenants to remain in the building/complex
            during and after the rehabilitation, working with empty units first.
           Arrange for facilities to house persons who must be relocated temporarily during
            rehabilitation.
                                                                                                  CNS R-01
                                                                                                   RARAP
                                                                                                 Page 1 of 6

Packet Page 38
           Where feasible, give priority to rehabilitation of housing, as opposed to demolition, to
            avoid displacement.
           If feasible, demolish or convert only dwelling units that are not occupied or vacant
            occupiable dwelling units (especially those units which are “lower-income dwelling
            units” (as defined in 24 CFR 42.305).
           Property acquisition will be highly selective; targeting only those properties deemed
            essential to the need or success of the project.


           Identify and mitigate displacement resulting from intensive public investment in
            neighborhoods.
           Priority will be placed on the purchase of unoccupied buildings, if suitable.

     4. Assessment of Applicability & Planning

     The Community and Neighborhood Services Department of the City of Muskegon is responsible
     for implementing the following procedures for reviewing projects, assessing eligibility,
     notification and execution of relocation for federally funded projects through CDBG and HOME
     Programs:

        A. Before funds are committed, projects must be reviewed by the Director of CNS to ensure
           the measures to mitigate displacement found in Section 2 of the RARAP are followed. In
           addition, the project site must be reviewed for the following:
               i. Previous/current use and occupancy
              ii. Easements
            iii. Ownership
             iv.  History of development and state of current development
        B. If temporary or permanent displacement is anticipated to occur in association with a
           HUD funded activity a written relocation plan must be developed before funds are
           committed. The plan must include the following:
               i. Occupancy, with clarifications for recent vacancies.
              ii. Determinations of whether any business, farm, or nonprofit will be relocated.
            iii. Eligibility of current occupants to qualify to stay in the property after completion
                  of the project.
             iv.  Number of owners/tenants/businesses to be displaced temporarily and
                  permanently.
              v.  Draft Notices of Displacement and Non-displacement as applicable.
             vi.  Availability of suitable, decent safe and sanitary units for use for residential
                  displaced persons. Replacement site availability for businesses, farms, and
                  nonprofits that are displaced.
            vii.  Estimated costs.
           viii. Timelines for notification, relocation, payment, etc.

     5. Relocation Assistance to Displaced Persons


                                                                                              CNS R-01
                                                                                               RARAP
                                                                                             Page 2 of 6

Packet Page 39
     The City of Muskegon will provide relocation assistance for lower-income tenants who, in
     connection with an activity assisted under the CDBG and HOME Programs, move permanently
     or move personal property from real property as a direct result of the demolition of any dwelling
     unit or the conversion of a lower-income dwelling unit in accordance with the requirements of 24
     CFR 42.350. A displaced person who is not a lower-income tenant, will be provided relocation
     assistance in accordance with the Uniform Relocation Assistance and Real Property Acquisition
     Policies Act of 1970, as amended, and implementing regulations at 49 CFR Part 24.

     To reduce the burden for households that are displaced, the City of Muskegon will strive to:

           Time the acquisition and/or demolition of properties to allow the maximum amount of
            time and attention for tenant and owner relocation.
           Ensure temporary displacement due to rehabilitation is for as brief a period as possible.
           Owners and tenants of properties who may be displaced will be given at least a ninety-
            day notice offering comparable housing prior to being required to move.
           All claims for relocation assistance will be reviewed in an expeditious manner. The
            claimant will be promptly notified of any additional documentation that is required to
            support the claim. Payment of the claim shall commence within 30 days of approval of
            the claim.
           All persons to be displaced as a result of a federally funded activity shall be offered
            relocation advisory assistance as outlined in 49 CFR 24.205, including assistance filing
            claims and appeals.

     HOME funded projects must provide, to the extent feasible, displaced residential tenants
     reasonable opportunity to lease and occupy a decent, safe, and sanitary and affordable dwelling
     unit in the completed project.

     6. Replacement Housing Payment (RHP) Installment Policy

     In providing relocation assistance in connection with any program administered by the
     Department of Housing and Urban Development, the agency may not make lump-sum payments
     to any displaced residential tenant, except where necessary to cover: (1) moving expenses; (2) a
     down-payment on the purchase of a replacement residence, including a condominium unit or
     membership in a cooperative housing association; or (3) any incidental expenses related to
     paragraph (1) or (2). Payments over $500 will be made in a minimum of 3 installments.
     Payments under $500 will be made in a minimum of two installments with a four-month interval
     between payments.

     7. One-for One Replacement of Lower-Income Dwelling Units

     The City of Muskegon will replace all occupied and vacant occupiable lower-income dwelling
     units demolished or converted to a use other than lower-income housing in connection with a
     project assisted with funds provided under the CDBG and HOME Programs in accordance with
     24 CFR 42.375.

                                                                                              CNS R-01
                                                                                               RARAP
                                                                                             Page 3 of 6

Packet Page 40
     Before entering into a contract committing the City of Muskegon to provide funds for a project
     that will directly result in demolition or conversion of lower-income dwelling units, the City of
     Muskegon will make public by issuing a public notice to be public via the mLive Media Group,
     which operates the local newspaper of general circulation and submit to HUD the following
     information in writing:

        A. A description of the proposed assisted project;

        B. The address, number of bedrooms, and location on a map of lower-income dwelling units
           that will be demolished or converted to a use other than as lower- income dwelling units
           as a result of an assisted project;

        C. A time schedule for the commencement and completion of the demolition or conversion;

        D. To the extent known, the address, number of lower-income dwelling units by size
           (number of bedrooms) and location on a map of the replacement lower-income housing
           that has been or will be provided.

        E. The source of funding and a time schedule for the provision of the replacement dwelling
           units;

        F. The basis for concluding that each replacement dwelling unit will remain a lower-income
           dwelling unit for at least 10 years from the date of initial occupancy; and

        G. Information demonstrating that any proposed replacement of lower-income dwelling
           units with smaller dwelling units (e.g., a 2-bedroom unit with two 1-bedroom units), or
           any proposed replacement of efficiency or single-room occupancy (SRO) units with units
           of a different size, is appropriate and consistent with the housing needs and priorities
           identified in the HUD-approved Consolidated Plan and 24 CFR 42.375(b).

     To the extent that the specific location of the replacement dwelling units and other data in items
     4 through 7 are not available at the time of the general submission, the City of Muskegon will
     identify the general location of such dwelling units on a map and complete the disclosure and
     submission requirements as soon as the specific data is available.

     8. Written Appeals

     The City of Muskegon will promptly review appeals in accordance with the requirements of
     applicable law and 49 CFR 24.10 of the Uniform Act regulations.

     Any person who believes he/she has been displaced for a federally assisted project may file a
     written appeal with the City of Muskegon administering the grant funds under CDBG and
     HOME. If a person believes that the City of Muskegon has failed to properly consider the
     person's application for assistance under the Uniform Act or Section 104(d) of the Housing and
     Community Development Act, by denying benefits, an appeal should be sent to, and will be

                                                                                               CNS R-01
                                                                                                RARAP
                                                                                              Page 4 of 6

Packet Page 41
     reviewed by, the City of Muskegon. Please contact the Community and Neighborhood Services
     Department of the City of Muskegon if you wish to discuss an appeal at:

                        Contact Person: Sharonda Carson, Director of CNS
                        Address: 933 Terrace Street, Muskegon, MI 49440
                        Phone Number: (231) 724-6968

     Assistance, or lack thereof, that can be appealed may include the person's eligibility for, or the
     amount of, payments required for moving, replacement housing or commercial re-establishment.

     The City of Muskegon shall consider written appeals regardless of form. The City of Muskegon
     may set a reasonable time limit for a person to file an appeal. The time limit shall not be less than
     60 days after the person receives written notification of the Agency's determination on the
     person's claim.

     A person has a right to be represented by legal counsel or other representative in connection with
     his or her appeal, but solely at the person's own expense.

     The City of Muskegon shall permit a person to inspect and copy all materials pertinent to his or
     her appeal, except materials which are classified as confidential. The imposition of reasonable
     conditions on the person's right to inspect, consistent with applicable laws, will be set.

     In deciding an appeal, the City of Muskegon will consider pertinent justification and material
     submitted by the person, to ensure a fair and full review of the appeal. Promptly after receipt of
     all information submitted by a person in support of an appeal, the City of Muskegon shall make a
     written determination on the appeal, including an explanation of the basis on which the decision
     was made, and furnish the person a copy. In addition, a low- or moderate-income household that
     has been displaced from a dwelling may file a written request for review of the grantee's decision
     to the HUD Field Office at the address below (24 CFR 570.606(f).

     Detroit Field Office
     U.S. Department of Housing and Urban Development
     McNamara Federal Building
     477 Michigan Avenue, Suite 1645
     Detroit, MI 48226

     Phone: (313) 226-7900
     Fax: (313) 226-5611
     TTY: (313) 226-6899

     9. Contacts

     The Community and Neighborhood Services Department of the City of Muskegon is responsible
     for the tracking and replacement of lower income dwelling units and ensuring that they are
     provided within the required period. In addition, this department is responsible for providing

                                                                                                CNS R-01
                                                                                                 RARAP
                                                                                               Page 5 of 6

Packet Page 42
     relocation payments and other relocation assistance to any lower-income person displaced by the
     demolition of any dwelling unit or the conversion of lower-income dwelling units to another use.




                                                                                            CNS R-01
                                                                                             RARAP
                                                                                           Page 6 of 6

Packet Page 43
                                       CITY OF MUSKEGON, MICHIGAN

             A RESOLUTION FOR TO APPROVE THE RESIDENTIAL ANTIDISPLACEMENT AND
                            RELOCATION ASSISTANCE PLAN (RARAP)

     WHEREAS, the City of Muskegon has drafted a Residential Antidisplacement and relocation Assistance
     Plan to minimize displacement in CDBG and HOME funded projects, and provide for assistance to any
     displaced persons in accordance with federal regulations at 24 CFR 42.325,

     NOW, THEREFORE BE IT RESOLVED, that the City of Muskegon Commission hereby approves of
     the RARAP, and

     BE IT FURTHER RESOLVED, that the City of Muskegon Commission hereby authorizes the Director
     of Community and Neighborhood Services or their designee to implement the measures described in the
     RARAP

     Yeas:

     Nays:

     I certify that the above Resolution was adopted by the City Commission of the City of Muskegon on
     February 28, 2023.


     BY:      Ann Meisch, City Clerk



              ______________________________________________________________________________
              Signature                                           Date




Packet Page 44
                           Agenda Item Review Form
                            Muskegon City Commission

    Commission Meeting Date: February 28, 2023                          Title: 1194 Pine Lease
                                                                        Agreement

    Submitted By: Sharonda Carson                                       Department: CNS

    Brief Summary: Staff is seeking commission approval to adopt lease agreement for 1194 Pine St.
    Unit B

    Detailed Summary & Background: Tenant living at 1194 Pin Unit B is subject to protection from
    displacement under the Residential Anti-displacement and Relocation Assistance Plan. The Plan was
    executed by way of the Uniform Rental Assistance (URA) Act of 1070 to avoid unnecessary
    displacement triggered by acquisition or demolition of properties purchased utilizing CDBG or HOME
    funds.

    Goal/Focus Area/Action Item Addressed:
    Refer to the 2022 2.4 Develop subsidies to improve housing affordability

    Amount Requested: N/A                               Amount Budgeted: N/A



    Fund(s) or Account(s):                              Fund(s) or Account(s):

    Recommended Motion: Approve both lease agreement for 1194 Pine St. unit B

    Approvals: Get approval from division head at a minimum prior       Guest(s) Invited / Presenting
    to sending to the Clerk.
    Immediate Division Head         Information Technology              Yes
    Other Division Heads            Communication                       No
    Legal Review

    For City Clerk Use Only:
    Commission Action:




Packet Page 45
                                           RESIDENTIAL LEASE

     NOTICE: Michigan law establishes rights and obligations for parties to rental agreements.
     This agreement is required to comply with the Truth in Renting Act. If you have a question
     about the interpretation or legality of a provision of this agreement, you may want to seek
     assistance from a lawyer or other qualified person.

            This Lease Agreement (the “Lease”) is entered into on ________________ (“Effective
     Date”), between the City of Muskegon of 933 Terrace St., Muskegon, MI 49440 (“City”) and
     Greg Chase, of 1194 Pine Street, Apartment B, Muskegon, MI 49442 ("Tenant"), on the terms and
     conditions set forth below.

             In consideration of the mutual promises of the parties set forth in this Lease and other
     valuable consideration, the receipt and adequacy of which is acknowledged, the parties agree
     as follows:

             1.     Description of Leased Premises. City leases to Tenant, and Tenant rents from
     City, the residential premises located at 1194 Pine Street Unit B, Muskegon, MI 49442 (the
     "Premises"), subject to all the terms and conditions of this Lease.

             2.     Term. The term of this Lease shall be for twelve (12) months commencing on
     _____________, 2023 (“Commencement Date”) and ending on _________, 2024 (the “Term”),
     unless sooner terminated as set forth in this Lease.

             3.       Rent. Tenant shall pay to City the monthly rent of $________.00 in advance on
     the date that this Lease is signed by Tenant (the “First Payment”) and on the first day of each
     month thereafter throughout the Term of this Lease (“Rent”). With respect to the rent due for the
     first month of the tenancy, if the Lease is executed on a day other than the first day of the month,
     Tenant shall pay City a prorated amount of $_______ per day for the remainder of the month.
     Future rent shall be payable at the address for City listed above or at such other address as requested
     by City. Tenant shall pay City a late fee of $25.00 for any Rent not received by City within five
     (5) days of its due date. City’s right to collect this charge shall be in addition to City’s right to take
     action under any other provision of this Lease for Tenant’s default in paying Rent or any other
     charges.

            If Tenant fails to perform an obligation of this Lease resulting in a monetary expenditure
     by City, such amounts will be deemed additional rent immediately due and payable AND all
     payments made to City will be applied first to any costs and expenses of City for having to collect,
     including reasonable attorney fees, then to any unpaid: Security Deposit, First Payment; late fees;
     unpaid utility charges; maintenance costs, repairs, or damages, past due rent; current rent due.

             4.      Security Deposit. At the time this Lease is signed, Tenant will deposit $_________
     with City as a security deposit to be held in a regulated financial institution on City’s behalf
     (“Security Deposit”) which may be used only for the purposes permitted under the Michigan
     Security Deposit Act (MCL 554.601, et seq.). The fact that City holds the Security Deposit shall
     not affect City’s right to obtain possession of the Premises for non-payment of rent or for any other
     reason permitted by law. To the extent that the Security Deposit is not applied in the manner
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     permitted by the Security Deposit Act, it shall be returnable to Tenant. Tenant shall receive no
     interest on the Security Deposit. Tenant acknowledges receipt of a notice pursuant to MCL
     554.603, a copy of which is attached to this Lease. It is specifically understood that the Security
     Deposit shall not be considered prepaid rent and shall not be applied by Tenant on the last
     month's rent.

             5.     Pet Charge. All pets are prohibited at the Premises unless specifically allowed in
     writing by City, such authorization may be withheld for any reason. If a pet is permitted, Tenant
     shall pay a nonrefundable $200.00 pet charge to City.

             6.      House Rules and Regulations. Tenant's use and occupancy of the Premises shall
     be subject to the rules of the house furnished to Tenant with this Lease, subject to any reasonable
     changes or amendments which may be made by City from time to time (the “House Rules”). Any
     such changes or amendments shall be effective from the date notice is given to Tenant, or from the
     effective date specified therein, whichever is later. City will give Tenant at least thirty (30) days
     notice of any House Rule changes or amendments. Any violation of the House Rules, including
     amendments, shall constitute an automatic default by Tenant of this Lease, and shall be grounds
     for repossession of the Premises by City and forfeiture of Tenant's right to occupancy of the
     Premises.

             7.     Use and Authorized Occupants. The only authorized occupants of the Premises
     during the term of this Lease, other than Tenant, are __________________________________.

             Tenant must reside in the Premises during the Term of this Lease, and Tenant shall use the
     Premises only as a private dwelling for Tenant and the authorized occupants listed above. If any
     person other than the authorized occupants listed above resides overnight at the Premises for more
     than a total of fourteen (14) days during the term of this Lease, that person shall be treated as an
     "Extra Occupant" for purposes of this Lease, and City may, at City's option, either declare such
     residency to be an automatic default under this Lease, or, not declare an automatic default but
     adjust the monthly rental rate upwards by the sum of $100.00 per month for every Extra Occupant
     (“Occupant Rent”). Tenant shall be responsible for all Occupant Rent from the first month the
     Extra Occupant began staying at the Premises and shall continue through the remainder of the
     Term. For purposes of this paragraph, neither a biological child or a legally adopted child of Tenant
     shall constitute an Extra Occupant.

            8.      Taxes. City shall pay all real property taxes and assessments on the Premises.

            9.      Insurance. City may, at City’s option, keep in force general public liability
     insurance protecting City against claims for damage to person or property, including damage to
     the Premises. City is under no duty to keep in force any insurance to protect the person or property
     of Tenant. If Tenant wishes to enjoy insurance protection for Tenant's person or property, it shall
     be Tenant's sole responsibility to obtain such insurance at Tenant's sole expense.

              Tenant releases City from any liability arising from loss, damage, or injury caused by fire
     or other casualty for which insurance is carried by Tenant under a policy that permits waiver of
     liability and waives the insurer's rights of subrogation, to the extent of any recovery by the injured
     party under the policy.
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             10.      Utilities. Tenant shall pay all utility charges on the Premises, including water,
     sewer, electric, gas, telephone service, cable or satellite television, and Internet access. Tenant
     shall place all such services in Tenant’s name for billing purposes immediately upon Tenant taking
     possession of the Premises. Tenant’s failure to do so ten (10) days from taking possession of the
     Premises shall be deemed an automatic default of this Lease.

             11.     Condition of Premises. Tenant accepts the Premises "AS IS", in its existing
     condition. No representation, statement, or warranty, express or implied, has been made by or on
     behalf of City as to the condition of the Premises. In no event shall City be liable to Tenant for
     any defect in the Premises. No representation or warranty of habitability, express or implied, has
     been made by or on behalf of City to Tenant. This Lease has been constructed with due
     consideration of the requirements contained in MCL 554.139, which concerns a landlord's duty to
     keep fit the premises and common areas, and specifically the modification of duties contained in
     MCL 554.139(2). Nothing in this paragraph is intended to contradict or be in violation of the
     Michigan Truth In Renting Act (MCL 554.632 et seq.).

             Without limitation to the above, City specifically disclaims any warranty against,
     knowledge of, or responsibility for the presence of lead-based paint, toxic mold, or any other
     hazardous substance, patent or latent, in or near the Premises. Tenant may, at Tenant's expense,
     prior to the commencement of the term of this Lease, conduct scientific testing of the Premises to
     detect the presence of any hazardous substance, and Tenant's failure to conduct such testing shall
     be deemed a complete release of City from any claim based on any hazardous substance. Tenant
     acknowledges the receipt of City’s lead-based paint disclosure.

             At the termination of this Lease, Tenant shall return the Premises and all equipment,
     appliances, and fixtures in as good a condition as when Tenant took possession, ordinary wear and
     tear excepted. Upon Tenant's failure to do so, City may restore the Premises, including all
     equipment, appliances, and fixtures, to such condition, and Tenant shall be responsible to pay the
     total cost of restoration.

             Tenant agrees to leave the Premises clean, which shall include washing windows inside
     and out, floors, walls, scrubbing the bathroom and kitchen, including the oven, refrigerator, and
     kitchen cabinets. Tenant agrees to clean the carpeting in a professional manner at the termination
     of this Lease. Tenant also agrees to remove all debris from the Premises at the termination of this
     Lease. In the event Tenant does not complete this cleaning in a workmanlike manner, Tenant shall
     be responsible for the total cost of a cleaning fee, based upon the time and cost involved in the
     completion of the cleaning of the Premises.

            12.     Maintenance. Tenant shall maintain the Premises in reasonable repair during the
     term of this Lease and comply with the health and safety laws of Michigan and the local unit of
     government where the Premises are located.

             All personal property in the Premises shall be at the risk of Tenant only, and City shall not
     be liable for any loss of or damage to such personal property, to the Premises or to Tenant arising
     from the bursting, stoppage, or leaking of water, gas, sewer or steam pipes, the stoppage or failure
     of operation of any part of the mechanical plant of the building, or heating, air conditioning,
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     plumbing or electrical facilities, or from any acts or neglect of co-tenants, Extra Occupants, guests,
     invites, or others at the Premises on Tenant’s behalf.

             As a condition of this Lease, City is required (i) to accomplish snow removal from the
     driveway, sidewalks, steps, and related structures, as necessary, (ii) to perform or cause to be
     performed all yard work necessary to maintain the yard in its current condition, and (iii) to make
     all repairs to all appliances in the Premises, so long as such repairs are not due to Tenant’s miscount
     or negligence.

             13.     Fire or Casualty. In the event the Premises are totally destroyed by fire, wind, or
     other causes beyond the control of City, or are condemned or otherwise taken by authority of local,
     state, or federal government, then in any of these events this Lease shall terminate as of the date
     of such destruction, condemnation, or taking. If the Premises are damaged by fire, rain, wind, or
     other such causes, so as to render the same partially untenable or partially unfit for use, but are
     repairable within a reasonable time, then this Lease shall remain in full force and effect, but Rent
     shall be proportionately reduced until the Premises are repaired, provided, however, City shall
     have the right, at City's sole option, to place Tenant in suitable temporary quarters until the
     Premises are again fully habitable.

             14.     Assignment or Subletting. Tenant is prohibited from assigning Tenant’s interest
     in this Lease or from subletting the Premises.

            15.     Reserved Rights. City reserves the following rights:

                    a.       to enter the Premises at all reasonable hours for inspection, repairs,
            alterations, or additions; City intends to conduct a minimum of two regular inspections per
            year and shall provide Tenant twenty-four (24) hours notice;

                    b.     to enter the Premises for any purpose whatsoever related to the safety,
            protection, preservation or improvement of the Premises or the building; and

                    c.      to retain and use pass keys to the Premises.

            The exercise of the reserved rights of City shall never be deemed an eviction or disturbance
     of Tenant's peaceful use and possession of the Premises and shall never render City liable in any
     manner to Tenant or to any person in the Premises.

             16.     Liens and Encumbrances. Tenant will not create or permit to be created or to
     remain, and will promptly discharge, at Tenant's sole cost and expense, any lien, encumbrance or
     charge upon the Premises or any part thereof, or upon Tenant's leasehold interest therein, which
     lien, encumbrance or charge arises out of the use or occupancy of the Premises by Tenant or by
     reason of any labor or materials furnished or claimed to have been furnished to Tenant or by reason
     of any construction, alteration, addition, repair or demolition of any part of the Premises. Notice
     is given that City will not be liable for any labor, services or materials furnished or to be furnished
     to Tenant, or to anyone holding the Premises or any part thereof through or under Tenant, and that
     no construction or other liens for any such labor or materials shall attach to the interest of City in
     and to the Premises.
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             17.     Abandoned Property. It is expressly agreed by the parties that any personal
     property left on the Premises by Tenant after Tenant vacates the Premises or after this Lease is
     terminated may be considered by City to be abandoned by Tenant, and City shall have the right,
     without further notice, to sell or otherwise dispose of the personal property, and retain the proceeds,
     if any, derived from the same.

             18.     Keys and Locks. Tenant shall not install additional or different locks on any doors
     or windows of the Premises without written permission of City, which may be withheld for any
     reason. If Tenant is permitted to install additional or different locks, Tenant shall provide City with
     a key for each such lock. At the termination of the Lease, Tenant shall return all keys to the
     Premises to City. City may charge Tenant $25.00 for each key not returned, including for any
     additional or different locks installed by Tenant.

             19.    Improvements by Tenant. Tenant agrees that all improvements of any type made
     by Tenant to the Premises, including without limitation painting, the installation of fixtures or
     appliances, snow removal or yard maintenance, shall be the property of City, and that Tenant shall
     receive no credit against rent owed for such improvements and such improvements shall become
     part of the Premises.

              20.     Default and Repossession. Both City and Tenant have read, understood, and agree
     to all of the paragraphs of this Lease, including the attached House Rules, and that ANY infraction
     of a provision of this Lease shall constitute an automatic default, providing grounds for the
     immediate institution of summary proceedings and repossession by City.

              If the Premises are deserted or vacated, or if there is a default in the payment of Rent or
     any part thereof for more than seven (7) days after written notice of such default by City, or if there
     is a default in the performance of any other covenant, agreement, condition, rule or regulation in
     this Lease or incorporated by reference for more than seven (7) days after written notice of such
     default by City, this Lease (if City so elects) shall become null and void, and City shall have the
     right to reenter or repossess the Premises, either by summary proceedings, surrender, or otherwise,
     and dispossess and remove Tenant, Extra Occupants, and any other guests, invitees, or others at
     the Premises on Tenant’s behalf, and the entirety of the effects at the Premises, without being liable
     to any prosecution. In such case, City may, at City’s option, relet the Premises or any part of the
     Premises, as the agent of Tenant, and Tenant shall pay City the difference between the rent set
     forth in Section 2 above for the portion of the term of this Lease remaining at the time of reentry
     or repossession and the amount, if any, received or to be received under such reletting.

             21.     Lease Renewal. If Tenant has occupied the Premises for the full Term and has
     maintained the Premises in good condition, made all Rent payments, and has acted in accordance
     with all other terms provided for herein, unless otherwise terminated in writing by both parties,
     this Lease shall automatically renew. The Term shall be extended by another twelve (12) month
     period and all provisions herein shall continue in full force in effect (“Lease Renewal”).
     Notwithstanding the forgoing, Rent for each Lease Renewal shall increase by at least __% but no
     more than __% and City may, at its option, require Tenant to pay additional security deposit money
     to adjust for the increase in Rent.


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           22.    Termination of Lease. Tenant may terminate this Lease for any reason during the
     Term by providing City with written 30-day notice of such intent to terminate.

            23.     Termination of Lease (Drug Activity). In the event that Tenant, a member of
     Tenant’s household, or other person under Tenant’s control has manufactured, delivered,
     possessed with intent to deliver, or possessed a controlled substance on the Premises, City may
     terminate this Lease on 24 hours’ notice by giving Tenant a written 24 hour notice to quit.

            24.    General Provisions.

                   a.     Governing Law. This Lease is executed in accordance with, shall be
            governed by, and construed and interpreted in accordance with the laws of the State of
            Michigan.

                    b.     Entire Agreement. This Lease shall constitute the entire agreement, and
            shall supersede any other agreements, written or oral, that may have been made or entered
            into, by and between the parties with respect to the subject matter of this Lease and shall
            not be modified or amended except in a subsequent writing signed by the party against
            whom enforcement is sought.

                   c.     Binding Effect. This Lease shall be binding upon, and inure to the benefit
            of and be enforceable by, the parties and their respective legal representatives, permitted
            successors and assigns.

                   d.      Counterparts. This Lease may be executed in counterparts, and each set
            of duly delivered identical counterparts that includes all signatories shall be deemed to be
            one original document.

                    e.     Non-Waiver. No waiver by any party of any provision of this Lease shall
            constitute a waiver by such party of such provision on any other occasion or a waiver by
            such party of any other provision of this Lease.

                   f.      Severability. Should any one or more of the provisions of this Lease be
            determined to be invalid, unlawful or unenforceable in any respect, the validity, legality
            and enforceability of the remaining provisions of this Lease shall not in any way be
            impaired or affected.

                    g.     Venue. The parties agree that for purposes of any dispute in connection
            with this Lease, the Muskegon County District or Circuit Court, as appropriate, shall have
            exclusive jurisdiction and venue.

                   h.     Terms. Nouns and pronouns will be deemed to refer to the masculine,
            feminine, neuter, singular and plural, as the identity of the person or persons, firm or
            corporation may in the context require.




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                   i.      Full Execution. This Lease requires the signature of both parties. Until
           fully executed, on a single copy or in counterparts, this Lease is of no binding force or
           effect and if not fully executed, this Lease is void.

           City and Tenant executed this Lease effective as of the date set forth above.

           NOTICE: MICHIGAN LAW ESTABLISHES RIGHTS AND OBLIGATIONS FOR
           PARTIES TO RENTAL AGREEMENTS. THIS AGREEMENT IS REQUIRED TO
           COMPLY WITH THE TRUTH IN RENTING ACT. IF YOU HAVE ANY
           QUESTIONS ABOUT THE INTERPRETATION OR LEGALITY OF A
           PROVISION OF THIS AGREEMENT, YOU MAY WISH TO SEEK ASSISTANCE
           FROM A LAWYER OR OTHER QUALIFIED PERSON.


                                                        City of Muskegon -

                                                        ___________________________________
                                                        By:   _____________________________
                                                        Its:  _____________________________
                                                        Date: _____________________________


                                                        Tenant(s) -


                                                        ___________________________________
                                                        Name: _____________________________
                                                        Date: _____________________________

                                                        ___________________________________
                                                        Name: _____________________________
                                                        Date: _____________________________




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                                             HOUSE RULES

     1.    Waterbeds are prohibited.

     2.    Small dogs and cats may be permitted on the Premises on a case by case basis by City. All
           other pets are prohibited, including, but not limited to, large dogs, birds, fish, rodents of all
           kinds, reptiles or amphibians, bees or ants. Service animals permitted.

     3.    Tenant shall not allow visitors or guests to bring pets inside the Premises, or to keep pets
           in the yard overnight.

     4.    Tenant shall not store any gasoline, fuel oil, toxic agents, or other potentially hazardous
           substances on the Premises.

     5.    No auto repairs shall take place inside or on the Premises.

     6.    Motor vehicles such as motorcycles, snowmobiles, watercraft of any type, and the like shall
           be kept outdoors and not stored inside the Premises, except in a garage. No vehicles shall
           be parked or stored at any time in the front yard on the lawn.

     7.    Tenant and/or Tenant's guests shall not drive or park on the lawn or other landscaped
           surfaces.

     8.    All garbage and refuse shall be stored in garbage pails or similar receptacles with tight
           fitting lids.

     9.    Tenant shall not throw sweepings, rags, rubbish, garbage, etc., into toilets, bathtubs or
           sinks, or any other place not provided for that use. Tenant shall be held strictly liable for
           any damage to the Premises resulting from overflow from the toilet, sinks, and bathtub in
           the Premises.

     10.   Tenant shall not use any method of heating the Premises other than that supplied by City.

     11.   Tenant shall not conduct any commercial business inside or from the Premises.

     12.   Tenant shall at all times control music, loud talking, and noise so as not to interfere with
           the reasonable rights of the surrounding neighbors.

     13.   Tenant shall not perform any act or carry on any practice which may injure the Premises
           or be a nuisance or menace to neighbors.

     14.   Tenant shall not use or permit visitors to use or possess controlled substances on the
           Premises, such as marijuana, cocaine, and like substances.

     15.   Tenant shall fully comply with any and all local, county, state and federal ordinances which
           affect the Premises.


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     16.   Tenant shall not hang pictures or other items from walls in the Premises by any means that
           is not readily repairable. In particular, without limitation, Tenant shall not tape pictures or
           other items to walls as this can permanently damage the walls.

     17.   Tenant shall not affix any antenna or satellite dish to the Premises without City’s prior
           permission.

     18.   Tenant shall not paint any woodwork, trim, doors, or cabinets in the Premises.

                                                          Reviewed and Approved –

                                                          City of Muskegon -

                                                          ___________________________________
                                                          By:   _____________________________
                                                          Its:  _____________________________
                                                          Date: _____________________________

                                                          Tenant(s) -


                                                          ___________________________________
                                                          Name: _____________________________
                                                          Date: _____________________________

                                                          ___________________________________
                                                          Name: _____________________________
                                                          Date: _____________________________




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                         NOTICE PERTAINING TO SECURITY DEPOSIT

     Whenever provision is made for notice to City of any kind, it shall be deemed sufficient notice if
     the notice is in writing and addressed to: ___________________________________________.

     Whenever provision is made for notice to Tenant of any kind, it shall be deemed sufficient notice
     if the notice is in writing and addressed to: __________________________________________.

     Pursuant to MCL 554.604(1), Tenant's security deposit is on deposit with the regulated financial
     institution listed below:

                                           [Name of institution]


     "You must notify your City in writing within 4 days after you move
     of a forwarding address where you can be reached and where you will
     receive mail; otherwise your City shall be relieved of sending you an
     itemized list of damages and the penalties adherent to that failure."
     MCL 554.603.

                                                         City of Muskegon -

                                                         ___________________________________
                                                         By:   _____________________________
                                                         Its:  _____________________________
                                                         Date: _____________________________

                                                         Tenant(s) -


                                                         ___________________________________
                                                         Name: _____________________________
                                                         Date: _____________________________

                                                         ___________________________________
                                                         Name: _____________________________
                                                         Date: _____________________________




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             COMMENCEMENT AND TERMINATION INVENTORY CHECKLIST


     "YOU SHOULD COMPLETE THIS CHECKLIST, NOTING THE CONDITION OF THE
     RENTAL PROPERTY, AND RETURN IT TO THE CITY WITHIN 7 DAYS AFTER
     OBTAINING POSSESSION OF THE RENTAL UNIT. YOU ARE ALSO ENTITLED TO
     REQUEST AND RECEIVE A COPY OF THE LAST TERMINATION INVENTORY
     CHECKLIST WHICH SHOWS WHAT CLAIMS WERE CHARGEABLE TO THE LAST
     PRIOR TENANTS."

     The following is the complete inventory checklist for the Premises located at _____________,
     Muskegon MI ______. Any space left blank will be deemed an acknowledgment that the
     item is in good, acceptable condition.

                                                      Beginning                   Ending
                                                      Condition                   Condition
     Living Room
            Door (Including locks)                    __________                  __________
            Patio Door                                __________                  __________
            Screen Door                               __________                  __________
            Carpet                                    __________                  __________
            Walls                                     __________                  __________
            Ceiling                                   __________                  __________
            Plugs and Switches                        __________                  __________
     Dining Room
            Carpet                                    __________                  __________
            Walls                                     __________                  __________
            Ceiling                                   __________                  __________
            Lights & Switches                         __________                  __________
     Entry
            Door                                      __________                  __________
            Ceiling                                   __________                  __________
            Walls                                     __________                  __________
            Carpet/Floor                              __________                  __________
     Hallway
            Carpet                                    __________                  __________
            Walls                                     __________                  __________
            Ceiling                                   __________                  __________
            Switches and Plugs                        __________                  __________
     Hall Closet
            Door                                      __________                  __________
            Ceiling                                   __________                  __________
            Shelves                                   __________                  __________
            Carpet/Floor                              __________                  __________




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                                 Beginning    Ending
                                 Condition    Condition
     Kitchen
           Vinyl                 __________   __________
           Walls                 __________   __________
           Ceiling               __________   __________
           Lights and Switches   __________   __________
           Stove/Oven            __________   __________
           Refrigerator          __________   __________
           Disposal              __________   __________
           Sink                  __________   __________
           Cabinets              __________   __________
           Counter top           __________   __________
     Bedroom #1
           Door                  __________   __________
           Windows               __________   __________
           Screens               __________   __________
           Carpet                __________   __________
           Walls                 __________   __________
           Ceiling               __________   __________
           Lights and Switches   __________   __________
           Closet                __________   __________
     Bedroom #2
           Door                  __________   __________
           Windows               __________   __________
           Screens               __________   __________
           Carpet                __________   __________
           Walls                 __________   __________
           Ceiling               __________   __________
           Lights and Switches   __________   __________
           Closet                __________   __________
     Bedroom #3
           Door                  __________   __________
           Windows               __________   __________
           Screens               __________   __________
           Carpet                __________   __________
           Walls                 __________   __________
           Ceiling               __________   __________
           Lights and Switches   __________   __________
           Closet                __________   __________




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                                                    Beginning                     Ending
                                                    Condition                     Condition
     Basement
            Lights & Switches                       __________                    __________
            Door                                    __________                    __________
            Furnace                                 __________                    __________
            General Area                            __________                    __________
            Stairway                                __________                    __________
     I have received (yes or no):
            Broiler Pan                             __________                    __________
            Butter Dish                             __________                    __________
            Ice Cube Trays                          __________                    __________

     Beginning Condition Inventory Checklist made on __________________, _____.
     Ending Condition Inventory Checklist made on _________________, _____


                                                    City of Muskegon -

                                                    ___________________________________
                                                    By:   _____________________________
                                                    Its:  _____________________________
                                                    Date: _____________________________

                                                    Tenant(s) -


                                                    ___________________________________
                                                    Name: _____________________________
                                                    Date: _____________________________


                                                    ___________________________________
                                                    Name: _____________________________
                                                    Date: _____________________________




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                                 NOTICE OF DAMAGES
                                            or
                            Other Claim Against Security Deposit


   Tenant's Name and                             City of Muskegon’s
   Forwarding Address                            Mailing Address

   ____________________________________          ____________________________________
   ____________________________________
   ____________________________________          ____________________________________


   ______________________________________________________________________________
      Item   /      Description of Damages or Other Charges    / Cost or Estimate
   1.
   2.
   3.
   4.
   5.
   6.
   7.
   8.
   9.
   10.
   ________________________________________________________________________


                        Amount of Security Deposit      =     $
                        Total Damages/Charges           =     $
                        Total Rent Due                  +     $
                        Amount Due to/from Tenant:      =     $


   "YOU MUST RESPOND TO THIS NOTICE BY MAIL WITHIN 7
   DAYS AFTER RECEIPT OF SAME, OTHERWISE YOU WILL
   FORFEIT THE AMOUNT CLAIMED FOR DAMAGES." MCL 554.609
                                                 City of Muskegon -

                                                 ___________________________________
                                                 By:   _____________________________
                                                 Its:  _____________________________
                                                 Date: _____________________________




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                                       Lead-Based Paint Disclosure Form


                                             Lead Warning Statement

           Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can
   pose health hazards if not managed properly. Lead exposure is especially harmful to young children and
   pregnant women. Before renting pre-1978 housing, landlords must disclose the presence of known lead-based
   paint and/or lead-based paint hazards in the dwelling. Tenants must also receive a federally approved pamphlet
   on lead poisoning prevention.

                                             City’s Disclosure (initial)

   ____    (a) Presence of lead-based paint and/or lead-based paint hazards. [check (i) or (ii) below]

           _____ (i)     Known lead-based paint and/or lead-based paint hazards are present in the housing.
                 [explain]
                 _______________________________________________________
                 _______________________________________________________

           _____ (ii)   City has no knowledge of lead-based paint and/or lead-based paint hazards in the
                 housing.

   ____    (b) Records and reports available to the City. [check (i) or (ii) below]

           _____ (i)     City has provided the lessee with all available records and reports pertaining to lead-
                 based paint and/or lead-based paint hazards in the housing. [list documents below]
                 _______________________________________________________
                 _______________________________________________________

           _____ (ii)    City has no reports or records pertaining to lead-based paint and/or lead-based paint
                 hazards in the housing.

                                       Tenant's Acknowledgment (initial)
   ____    (c) Lessee has received copies of all information listed above.
   ____    (d) Lessee has received the pamphlet Protect Your Family from Lead in Your Home.


                                            Certification of Accuracy
            The following parties have reviewed the information above and certify, to the best of their knowledge,
   that the information they have provided is true and accurate.

   City of Muskegon -                                        Tenant(s) -


   ___________________________________                       ___________________________________
   By:   _____________________________                       Name: _____________________________
   Its:  _____________________________                       Date: ______________________________
   Date: _____________________________
                                                             ___________________________________
                                                             Name: ______________________________

                                                                                                               15

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                 Date: ______________________________




                                                        16

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                           Agenda Item Review Form
                            Muskegon City Commission

    Commission Meeting Date: February 28, 2023           Title: Housing Board of Appeals, Demolitions

    Submitted By: Director Timothy E Kozal               Department: Public Safety

    Brief Summary: To concur with the Housing Board of Appeals decision to demolish and
    authorize administration to obtain bids for the demolition and that the Mayor and Clerk be
    authorized and directed to execute a contract for demolition with the lowest responsible bidder.

    Detailed Summary & Background: Housing Board of Appeals has deemed 835 W. Forest Ave to
    be in property maintenance violation. Property has been a long-standing area of blight and public
    nuisance/hazard.

    Goal/Focus Area/Action Item Addressed:
    Refer to the 2022-2027 Long Term Goals document.

    Amount Requested: BIDS                               Amount Budgeted:
                                                         Contact Finance if your item does not fit into
                                                         the current budget.

    Fund(s) or Account(s):                               Fund(s) or Account(s):

    Recommended Motion: To concur with the Housing Board of Appeals decision to demolish and
    authorize administration to obtain bids for the demolition and that the Mayor and Clerk be
    authorized and directed to execute a contract for demolition with the lowest responsible bidder

    Approvals: Get approval from division head at a minimum prior         Guest(s) Invited / Presenting
    to sending to the Clerk.
    Immediate Division Head          Information Technology               Yes
    Other Division Heads             Communication                        No
    Legal Review

    For City Clerk Use Only:
    Commission Action:




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                           Agenda Item Review Form
                            Muskegon City Commission

    Commission Meeting Date: February 28, 2023           Title: Housing Board of Appeals, Demolitions

    Submitted By: Director Timothy E Kozal               Department: Public Safety

    Brief Summary: To concur with the Housing Board of Appeals decision to demolish and
    authorize administration to obtain bids for the demolition and that the Mayor and Clerk be
    authorized and directed to execute a contract for demolition with the lowest responsible bidder.

    Detailed Summary & Background: Housing Board of Appeals has deemed 771 McLaughlin Ave
    and 1984 Reynolds St. to be in property maintenance violation. Property has been a long-standing
    area of blight and public nuisance/hazard.

    Goal/Focus Area/Action Item Addressed:
    Refer to the 2022-2027 Long Term Goals document.

    Amount Requested: BIDS                               Amount Budgeted:
                                                         Contact Finance if your item does not fit into
                                                         the current budget.

    Fund(s) or Account(s):                               Fund(s) or Account(s):

    Recommended Motion: To concur with the Housing Board of Appeals decision to demolish and
    authorize administration to obtain bids for the demolition and that the Mayor and Clerk be
    authorized and directed to execute a contract for demolition with the lowest responsible bidder

    Approvals: Get approval from division head at a minimum prior         Guest(s) Invited / Presenting
    to sending to the Clerk.
    Immediate Division Head          Information Technology               Yes
    Other Division Heads             Communication                        No
    Legal Review

    For City Clerk Use Only:
    Commission Action:




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