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CITY OF MUSKEGON CITY COMMISSION MEETING January 9, 2024 @ 5:30 PM MUSKEGON CITY COMMISSION CHAMBERS 933 TERRACE STREET, MUSKEGON, MI 49440 AGENDA ☐ CALL TO ORDER: ☐ PRAYER: ☐ PLEDGE OF ALLEGIANCE: ☐ ROLL CALL: ☐ HONORS, AWARDS, AND PRESENTATIONS: A. Fire Department 150th Anniversary Recognition Manager's Office B. Audit Presentation-ACFR by Brickley Delong Finance ☐ PUBLIC COMMENT ON AGENDA ITEMS: ☐ CONSENT AGENDA: A. Approval of Minutes City Clerk B. Sanitary Sewer Easement - 381 E Laketon DPW- Engineering C. Storm Water Maintenance Agreements DPW- Engineering D. Rezoning of 1993 Austin St Planning E. Sale of 720 Leonard Avenue - REMOVED PER STAFF REQUEST Manager's Office F. Sale of 159 McLaughlin Ave. Planning G. DDA Liquor License – Muskegon Brewing Company, 1204 W Western Ave Economic Development H. Amendment to the zoning ordinance - residential units in previously existing commercial buildings Planning Page 1 of 2 Page 1 of 124 I. Placement of Public Benches City Clerk J. Filter Plant Tower Lease Changes Public Works K. Amendment to the Sign Ordinance Planning L. Comcast Franchise Agreement Manager's Office ☐ PUBLIC HEARINGS: ☐ UNFINISHED BUSINESS: ☐ NEW BUSINESS: A. City of Muskegon Code of Ethics Manager's Office ☐ ANY OTHER BUSINESS: ☐ PUBLIC COMMENT ON NON-AGENDA ITEMS: ► Reminder: Individuals who would like to address the City Commission shall do the following: ► Fill out a request to speak form attached to the agenda or located in the back of the room. ► Submit the form to the City Clerk. ► Be recognized by the Chair. ► Step forward to the microphone. ► State name and address. ► Limit of 3 minutes to address the Commission. ☐ CLOSED SESSION: ☐ ADJOURNMENT: 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 St. Muskegon, MI 49440. (231)724-6705. clerk@shorelinecity.com Page 2 of 2 Page 2 of 124 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: January 9, 2024 Title: Approval of Minutes Submitted by: Ann Meisch, City Clerk Department: City Clerk Brief Summary: To approve the minutes of the December 11, 2023 Worksession, December 12, 2023 Commission Meeting, December 19, 2023 Special Meeting, and January 3, 2024 Organizational Meeting. Detailed Summary & Background: Goal/Focus Area/Action Item Addressed: Key Focus Areas: Goal/Action Item: Amount Requested: Budgeted Item: Yes No N/A x Fund(s) or Account(s): Budget Amendment Needed: Yes No N/A x Recommended Motion: Approve the minutes. Approvals: Guest(s) Invited / Presenting: Immediate Division Head No Information Technology Other Division Heads Communication Legal Review Page 3 of 124 CITY OF MUSKEGON CITY COMMISSION WORKSESSION December 11, 2023 @ 5:30 PM MUSKEGON CITY COMMISSION CHAMBERS 933 TERRACE STREET, MUSKEGON, MI 49440 MINUTES 2023-124 CALL TO ORDER Mayor Johnson called the Worksession meeting to order at 5:30 p.m. Present: Mayor Ken Johnson, Commissioners, Eric Hood, Teresa Emory, Rachel Gorman, Rebecca St.Clair, and Michael Ramsey. Absent: Vice Mayor Willie German, Jr NEW BUSINESS A. City Commission Ethics Policy Manager's Office At an LPC meeting earlier this year, the City Commission directed staff to look into proposals for a City Commission Ethics Policy. During our research, we discovered a policy that had been adopted in the mid to late-2000s, that policy is here for your reference, that policy is here for your reference. Staff would like to know if this policy meets the objectives of the commission - noting that it was previously adopted (and could be considered to still be in effect). Or would the Commission like staff to take elements of this policy and enhance/update? Commissioners provided comments on the proposed policy and this will be considered for adoption at a future meeting. The City Manager recommends that the Ethics Policy be re-adopted at the Organizational Meeting every two years. The Ethics Policy should be shared with all employees and incoming commissioners. The language is clear and uncomplicated, it is easy to understand - it's current and applicable. The manager suggests updating the language of the policy and providing it to incoming commissioners before their Page 1 of 3 Page 4 of 124 meeting this Thursday and consider adopting it at a meeting in January, providing them an opportunity to review it. B. Muskegon Mute Swan Control Program Manager's Office The City of Muskegon is being asked to support the Muskegon Conservation District's plan to engage in a Mute Swan Management and Control Program. This program is done under DNR and USDA-Wildlife Services oversight and is intended to control the Mute Swan population. Mute Swans are a non- native/invasive species which negatively impacts local wildlife and the local native swan population. This population management project is support by the DNR, Muskegon Lake Watershead Partnership, Michigan Audubon, WMEAC and others. The named organizations have letters of support accompanying the resolution. The Cities of Montague, North Muskegon, and Whitehall have all passed similar resolutions of support for this program in 2023. City Manager Jonathan Seyferth provided some background on this item and is seeking to have the resolution adopted at a meeting on Tuesday, December 12, 2023. C. Nelson House Project Update Planning Staff will provide an update on the project to move the historic Nelson House to a City-owned vacant lot. Staff continues to work with Muskegon Public Schools and Deitz House Moving Engineers to move the historic Nelson House from 1292 Jefferson Street to the vacant City-owned lot at 382 W. Muskegon Avenue. Muskegon Public Schools has had two phases of asbestos testing completed at the house and shared the results with City staff. Staff wishes to provide an update to the City Commission on where the project stands and the expected next steps. Jamie Pesch, Planning Department, provided an update on where we stand with the project to move the Nelson House. The cost of abating asbestos is very high. The asbestos will need to be abated whether the house is demolished or renovated. The Planning Department is seeking cost estimates for abatement and destruction as well as abatement and renovation. Jamie will be meeting with a contractor to discuss the project and get some estimates and will return to commission with options for consideration at a later date. PUBLIC COMMENT No public comments were received. Page 2 of 3 Page 5 of 124 ADJOURNMENT The City Commission Worksession meeting adjourned at 6:00 p.m. Respectfully Submitted, Ann Marie Meisch, MMC City Clerk Page 3 of 3 Page 6 of 124 CITY OF MUSKEGON CITY COMMISSION MEETING December 12, 2023 @ 5:30 PM MUSKEGON CITY COMMISSION CHAMBERS 933 TERRACE STREET, MUSKEGON, MI 49440 MINUTES CALL TO ORDER The Regular Commission Meeting of the City of Muskegon was held at City Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 PM, Tuesday, December 12, 2023. Pastor Jeremy Lenterz, First Wesleyan Church, opened the meeting with prayer, after which the Commission and public recited the Pledge of Allegiance to the Flag. ROLL CALL Present: Mayor Ken Johnson, Vice Mayor Willie German, Jr., Commissioners, Eric Hood, Teresa Emory, Rachel Gorman, Rebecca St.Clair, and Michael Ramsey. City Manager Jonathan Seyferth, City Attorney John Schrier, City Clerk Ann Marie Meisch, and Deputy City Clerk Kimberly Young 2023-125 HONORS, AWARDS, AND PRESENTATIONS A. Resolution Honoring Muskegon High School Football's 2023 State Championship Manager's Office Mayor Johnson read a resolution recognizing the Muskegon Big Reds for winning the Division II State Championship as well as celebrating their 900th win. Motion by Ward I Commissioner Hood, second by At-Large Commissioner Stclair, to adopt the resolution recognizing Muskegon High School's Big Reds Football Team . ROLL VOTE: Ayes: Mayor Johnson, Ward I Commissioner Hood, Ward III Commissioner Ramsey, Ward IV Commissioner Emory, At-Large Commissioner Gorman, At-Large Commissioner Stclair Page 1 of 9 Page 7 of 124 Nays: None MOTION PASSED B. Presentation of Resolutions to Outgoing Commissioners Manager's Office Mayor Johnson read and presented Resolutions of Recognition to Ward IV Commissioner Teresa Emory, Ward III Commissioner Michael Ramsey, and Ward I Commissioner Eric Hood. This is the last regular meeting for each of these outgoing City Commissioners and their service to the City is being recognized. Commissioners Emory, Ramsey, and Hood also provided remarks. PUBLIC COMMENT ON AGENDA ITEMS No public comments were received. 2023-126 CONSENT AGENDA Motion by Commissioner Ramsey, second by Commissioner St.Clair, to accept the Consent Agenda as presented, minus items B, F, and M - Item H is removed. ROLL VOTE: Ayes: Gorman, Emory, St.Clair, Johnson, Hood, Ramsey, and German Nays: None MOTION PASSES A. Approval of Minutes City Clerk SUMMARY OF REQUEST: To approve the minutes of the November 28, 2023 City Commission meeting. STAFF RECOMMENDATION: To approve the minutes. C. Special Event Policy DPW- Parks and Recreation SUMMARY OF REQUEST: Staff is seeking approval for the proposed changes to the Special Event Policy. Included is the Special Event Policy with proposed changes. Changes made from the discussion at the November 28 Commission Meeting include: • First time events being held in Pere Marquette must be approved by the City Commission. Therefore, these events must apply at least 75 days before their event date. • Picnic tables will no longer be rented and delivered by staff. A group of tables will be available for events to pick up and return for free. Neighborhood Associations can request picnic tables for their three free Page 2 of 9 Page 8 of 124 events per year. Events are encouraged to utilize private companies to rent tables and chairs. All previously discussed changes include: • Applications need to be submitted at least 45 days in advance to allow enough time for staff to review and approve event requests. Then staff communicates to the event conditions that must be met for the event to be held. Many of these conditions must be two weeks before the event is held. • Application fee changes to simplify the fee structure. • Providing food vendor requirements in policy as suggested by the Fire Marshal. • Increasing the footprint of who is notified when a street is closed. • Begin to offer cardboard trash bins for events to use and are available to be delivered for free. • Increase the fee for trash cans/bins to cover costs. • No longer offer an hourly rate to have a liquor license in Hackley Park. Only one event can occur in the park per day. • Remove fee for using bike and walking paths. Using the bike path is encouraged versus using a street. • Change Pere Marquette Use fees to be year-round and based on area zones instead of number of attendees. Basing the fees on attendees is difficult to determine and can change year to year. Zone-based fees will help events know their fees when applying and can encourage events to move to a less populated area of the beach. • Change Pere Marquette user fees to daily fees and have different fees for weekends vs weekdays. Daily fees can encourage events to have a faster setup and tear down period. Lower weekday fees can encourage events to move to a weekday to save money and have fewer fees during their setup period. • Increase parking fees in lots around Pere Marquette. The impact of events at the beach is significant for availability of parking. As many spaces as possible should be left available to residents and visitors. STAFF RECOMMENDATION: To approve changes to the Special Event Policy. D. SEIU Union Contract Tentative Agreement Approval Manager's Office SUMMARY OF REQUEST: Four-year contract for the SEIU (Clerical Union). Management and the SEIU Clerical Union have reached tentative agreement on changes to the contract. Once the Commission approves these tentative Page 3 of 9 Page 9 of 124 agreements, the full contract will be amended. The changes to the contract will be implemented after signatures. STAFF RECOMMENDATION: To approve the tentative agreements to changes to the SEIU contract. E. Water Filtration Plant VFD Purchase DPW- Water Filtration Plan SUMMARY OF REQUEST: Staff is requesting authorization to purchase three Eaton variable frequency drives (VFDs) to replace existing units at the Water Filtration Plant. The sludge processing system at the Water Filtration Plant has four pumps, each with a variable frequency drive (VFD) controller manufactured by Eaton. These VFDs were installed in 2004 and have reached the end of their expected life. One of the four units failed last year and was replaced with a new unit from Eaton; another is now showing signs of failing. Due to their age, staff recommends replacing the three remaining units with Eaton VFDs. Other bids were not solicited at this time because of the major advantages to staying with Eaton. Eaton has a track record of providing the Water Filtration Plant with VFDs at a lower cost than other manufacturers. The Water Filtration Plant has completed two projects in the last year which involved procuring VFDs. For the replacement of the failed unit mentioned above, Eaton’s cost was $1,800- $4,300 cheaper than others. Eaton was also the lowest-cost option for the two VFDs purchased as part of the electrical upgrades at the Harvey Pump Station. The existing VFDs are made by Eaton, so installation and startup costs will be minimized by remaining with Eaton. Installation will be easier and less time- consuming due to the similarity of the wiring for power and controls. The one unit already replaced had a relatively straight forward installation, and it integrated with our plant control system without any reprogramming. In addition, by purchasing three units together, setup can be completed in a single visit from the Eaton field technician, saving on startup costs. Operations and maintenance will be more efficient if we keep all four units identical due to staff not needing to learn how to operate and maintain different units. Installing identical units also means fewer spare parts need to be kept on hand, troubleshooting is easier, and downtime is minimized. The existing Eaton VFDs at the Water Filtration Plant have shown exceptional performance and reliability. Nearly all the Water Filtration Plant’s VFDs (over 20) are made by Eaton. All of these units are approaching 20 years old, which is at or beyond the expected lifetime of this equipment. Of the few problems experienced with these units, most were able to be fixed by our maintenance staff. This alone has saved thousands of dollars in service calls over the last 20 Page 4 of 9 Page 10 of 124 years. This purchase will be covered in the Water Filtration Plant’s equipment budget. AMOUNT $29,451.00 AMOUNT REQUESTED: BUDGETED: FUND OR 591-558-977 ACCOUNT: STAFF RECOMMENDATION: To authorize staff to purchase three VFD units from Eaton at a cost of $29,451.00. G. FY24 DWRF Program Engineering Services Public Works SUMMARY OF REQUEST: Staff requests authorization to enter into two contracts with Prein & Newhof for a total of $526,400 for engineering services related to lead service line replacements and elevated tank coating work. The City is again fortunate to have been offered loans, grants and principal forgiveness through the FY24 Drinking Water Revolving Fund (DWRF) program through the State of Michigan Department of Environment, Great Lakes & Energy (EGLE). Specifically, the City has been offered a combination of grants and principal forgiveness totaling 50% funding, with the remaining 50% eligible for a 20-year loan at a 2% interest rate which is well below market. Although the City's project plan included many projects and all were funded under the DWRF program, staff recommends taking advantage of a lesser amount of assistance due to the finances of the water fund and the fact that the City was not selected for funding under the Clean Water State Revolving Fund (CWSRF) program (the sanitary sewer equivalent). Lead service line replacements must continue due to state-mandated replacement schedules, and the coating of the Nims elevated tank is a necessary expense the water fund could not afford in the near future without this loan program. The other projects included in the program consisted of projects that included sewer work which would not be eligible for assistance, and would also have added a significant amount of debt to the system over the next 20 years. This is not to say the projects are not valuable and needed, but it is an acknowledgment that only absolutely necessary projects are responsible at this time. The overall budget for the projects is $10,000,000 for lead service lines and $878,000 for the Nims tank work. The debt service fee these projects would add to the water bill is estimated at $3.35 per month for a residential account, and would begin impacting customer's bills in FY26. Portions of the engineering work required for these projects are included in the 23/24 budget, and should they move forward the projects will continue to have allocations included in the 24/25 and 25/26 fiscal years. Page 5 of 9 Page 11 of 124 Prein & Newhof's proposals total $526,400. The staff has reviewed the proposals from Prein and Newhof and feels they are the best suited firm to handle these projects based on their experience and their intimate familiarity with our water system, the DWRF program, and their history of exemplary performance on similar projects over the past several years. A qualifications-based process was used in 2019 that shortlisted Prein & Newhof along with two other firms to provide engineering services for these projects for the next 5 years. STAFF RECOMMENDATION: To authorize staff to enter into two contracts with Prein & Newhof for a total of $526,400 for engineering services related to lead service line replacements and elevated tank coating work. H. Cost of Living Adjustment - Non-union employees Manager's Office SUMMARY OF REQUEST: At the end of the calendar year management recommends an adjustment to non-union wages. Union wage adjustments are planned through their various contracts. STAFF RECOMMENDATION: To approve the 4% wage increase for non-union team members effective January 1, 2024. I. 2024 Wage Matrix for Non-Union Part-Time and Limited Term Employees Employee Relations SUMMARY OF REQUEST: Wage Matrix for Non-Union Part-Time and Limited Term Employees. STAFF RECOMMENDATION: To approve the 2024 Wage Matrix for Non-Union and Part-Time Limited Term Employees J. Gaming Resolution for Hackley Community Care City Clerk SUMMARY OF REQUEST: Hackley Community Care is seeking recognition as a non-profit organization in the City of Muskegon for the purpose of obtaining a Charitable Gaming License, allowing them to conduct fundraising activities to benefit the underserved. STAFF RECOMMENDATION: To approve the resolution recognizing Hackly Community Care as a non-profit in the City of Muskegon. K. Sale of 159 McLaughlin Avenue Manager's Office SUMMARY OF REQUEST: Staff is seeking approval of the sale of 159 McLaughlin Avenue. 159 McLaughlin Avenue was constructed through the agreement with Dave Dusendang to construct infill housing with ARPA funding. The offer is for $20,000 over asking price with 6% in seller concessions and $8,000 covering the cost of appliances and central air. This results in a full price offer. Page 6 of 9 Page 12 of 124 STAFF RECOMMENDATION: To approve the purchase agreement for 159 McLaughlin Avenue 2023-127 REMOVED FROM CONSENT AGENDA B. Muskegon Mute Swan Control Program Manager's Office SUMMARY OF REQUEST: The City of Muskegon is being asked to support the Muskegon Conservation District's plan to engage in a Mute Swan Management and Control Program. The City of Muskegon is being asked to support the Muskegon Conservation District's plan to engage in a Mute Swan Management and Control Program. This program is done under DNR and USDA-Wildlife Services oversight and is intended to control the Mute Swan population. Mute Swans are a non-native/invasive species which negatively impacts local wildlife and the local native swan population. This population management project is support by the DNR, Muskegon Lake Watershead Partnership, Michigan Audubon, WMEAC and others. The named organizations have letters of support accompanying the resolution. The Cities of Montague, North Muskegon, and Whitehall have all passed similar resolutions of support for this program in 2023. STAFF RECOMMENDATION: To support the Muskegon Conservation District's Muskegon Mute Swan Control Program and adopt the attached resolution as presented. Motion by Commissioner Emory, second by Commissioner Ramsey, to support the Muskegon Conservation District's Muskegon Mute Swan Control Program and adopt the attached resolution as presented. ROLL VOTE: Ayes: Johnson, Hood, Ramsey, Emory, Gorman, and St.Clair Nays: None MOTION PASSED F. Bad Debt Finance SUMMARY OF REQUEST: To write off old items from miscellaneous receivable system that have already been sent to collection service in the previous year. AMOUNT $37,810.00 AMOUNT REQUESTED: BUDGETED: Page 7 of 9 Page 13 of 124 FUND OR ACCOUNT: 101, 203, 591, 643 STAFF RECOMMENDATION: To approve write off old items on the Miscellaneous Receivable System that has already been sent to Collection Service in previous years. Motion by Commissioner Ramsey, second by Commissioner Emory, to approve the write-off of old items on the Miscellaneous Receivable System that has already been sent to Collection Service in previous years. ROLL VOTE: Ayes: Johnson, Hood, Ramsey, Emory, Gorman, and St.Clair Nays: None MOTION PASSED L. City Manager Contract Updates Manager's Office SUMMARY OF REQUEST: Following the City Manager's positive review earlier this year, he's requesting two updates to his contract. Adding a new section 2.1 Annual Review: The Commission shall complete an annual review of the manager no later than June 30 of each year. Failure to complete the review shall result in an automatic 2% merit adjustment to the manager's base salary to be effective July 1 of the same year. Amending section 5 Severance Pay Upon Termination by City, subsection a) severance pay in an amount equal to six months' severance pay with one additional month of severance pay for every year of employment, not to exceed twelve months of severance pay. Under the current contract, the manager is entitled to seven months severance if terminad by the City. The Manager is requesting this be moved to 9 months with this action and then continuing with the addition of one additional month for each year of service topping out at 12 months as in the contract. STAFF RECOMMENDATION: To update the City Manager's contract as requested. Motion by Commissioner Ramsey, second by Commissioner St.Clair, to update the City Manager's contract as requested. ROLL VOTE: Ayes: Johnson, Ramsey, Emory, Gorman, and St.Clair Nays: None MOTION PASSED Page 8 of 9 Page 14 of 124 PUBLIC COMMENT ON NON-AGENDA ITEMS Public comments received. ADJOURNMENT Mayor Johnson provided closing remarks. Motion by Commissioner Ramsey, second by Commissioner Emory, to adjourn at 6:22 p.m. MOTION PASSED . Respectfully Submitted, Ann Marie Meisch, MMC City Clerk Page 9 of 9 Page 15 of 124 CITY OF MUSKEGON SPECIAL COMMISSION MEETING December 19, 2023 @ 5:30 PM MUSKEGON CITY COMMISSION CHAMBERS 933 TERRACE STREET, MUSKEGON, MI 49440 MINUTES CALL TO ORDER Present: Mayor Ken Johnson, Vice Mayor Willie German, Jr., Commissioners, Eric Hood, Rachel Gorman, Rebecca St.Clair, and Michael Ramsey. City Manager Jonathan Seyferth, City Attorney John Schrier, and City Clerk Ann Marie Meisch Absent: Commissioner Teresa Emory Mayor Johnson called the December 19, 2023 Special Meeting to order at 5:30 p.m. 2023-128 NEW BUSINESS A. Allocation of MEDC RAP 1.0 Grant Manager's Office In 2022, the city was awarded a $6 million grant from the Michigan Economic Development Corp (MEDC) as part of the Revitalization and Placemaking 1.0 (RAP) Grant Program. The funds were intended to support two local projects - 880 First St LLC ($3M) and the LakeView Lofts ($3M) developments, respectively. Due to circumstances beyond the control of one of the local development teams, it has become necessary to reallocate a portion of the RAP 1.0 funds as outlined in the city's original grant application. In June 2022, the City submitted an application to the MEDC for RAP 1.0 grant funding for a total of $11M to be distributed between three projects. The original grant application sought funds to support the following projects - Lakeview Lofts II ($5M), 880 First Street ($5M), and Trinity Health Arena/Thayer Street ($1M). In September 2022, the City was awarded $6M and directed to determine how the funds should be allocated. Staff recommended, and the Commission approved dividing the $6M between Lakeview Lofts II and 880 First Street. Page 1 of 3 Page 16 of 124 The City is the primary grant recipient and has reporting requirements that need to be met. If those reporting requirement are not met, the City would lose the whole grant. Since the monies were divided between the two projects, the 880 First Street project has encountered obstacles outside of everyone's control. The local development team and others worked diligently to overcome these obstacles. However, because of state reporting timeline requirements, we need to resolve the allocation of the funds by Dec. 31, 2023. City staff was notified on December 18, 2023 that these obstacles would not be able to be overcome by the end of 2023. As a result, the City needs to reallocate the $3M originally intended for 880 First Street to the other projects from the original application. If we kept the funds allocated to 880 First Street, and the City is unable to meet its reporting requirements, the City would forfeit all $6 million of the RAP grant because the state views this as one grant awarded to the City, not several small grants. As a result, staff is recommending reorienting an additional $2M to Lakeview Lofts II for a total of $5M million and supporting the Arena/Thayer Street project with the remaining $1M. Staff worked diligently with the 880 First Street team to explore options that would have had a more positive outcome with these grant funds. Unfortunately, a viable path forward can not be found under the timelines issued by the State. Staff have been in regular communication with the 880 First Street team and the MEDC to ensure our local partners had as much time as possible to resolve these issues. The City is appreciative of the efforts put forth by the 880 First Street team and their willingness to partner with us during this time. STAFF RECOMMENDATION: To reallocate the MEDC RAP 1.0 grant as follows: $5M to Lakeview Lofts Phase 2; and $1M designed for a place making project at Trinity Health Arena/Thayer Street and authorize the mayor and clerk to sign the first amendment to the subrecipient agreement. Motion by Commissioner Ramsey, second by Vice Mayor German, to reallocate the MEDC RAP 1.0 grant as follows: $5M to Lakeview Lofts Phase 2; and $1M designed for a place making project at Trinity Health Arena/Thayer Street and authorize the mayor and clerk to sign the first amendment to the subrecipient agreement. Page 2 of 3 Page 17 of 124 ROLL VOTE: Ayes: St.Clair, Johnson, Hood, Ramsey, German, and Gorman Nays: None MOTION PASSES PUBLIC COMMENT ON NON-AGENDA ITEMS No public comments were received. ADJOURNMENT Motion by Commissioner Ramsey, second by Commissioner Hood, to adjourn at 5:48 p.m. ROLL VOTE: Ayes: Gorman, St.Clair, Johnson, Hood, Ramsey, and German Nays: None MOTION PASSES Respectfully Submitted, Ann Marie Meisch, MMC Page 3 of 3 Page 18 of 124 CITY OF MUSKEGON ORGANIZATIONAL MEETING January 3, 2024 @ 5:30 PM MUSKEGON CITY COMMISSION CHAMBERS 933 TERRACE STREET, MUSKEGON, MI 49440 MINUTES Call to Order The Organizational Meeting of the City of Muskegon City Commission was held at City Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 PM, Wednesday, January 3, 2024. Present: Mayor Ken Johnson, Commissioners Rebecca St.Clair, Rachel Gorman, Jay Kilgo, Willie German, Jr., Destinee Keener, and Katrina Kochin. City Manager Jonathan Seyferth, City Attorney John Schrier, City Clerk Ann Marie Meisch, and Deputy City Clerk Kimberly Young. Oath of Office Ceremony Karen Buie, Muskegon County Clerk, issued the Oath of Office to each of the Ward Commissioners, swearing them in for a term expiring December 31, 2027. The Mayor provided welcoming comments. 2024-01 Election of Vice-Mayor Motion by Commissioner Keener, second by Commissioner Kilgo, to appoint Rebecca St.Clair as Vice Mayor. ROLL VOTE: Ayes: St.Clair, Johnson, Kilgo, Keener, German, Gorman, and Kochin Nays: None MOTION PASSES 2024-02 Setting Commissioner Meetings - 5:30 pm - 2nd and 4th Tuesdays each month Motion by Commissioner German, second by Vice Mayor St.Clair, to set the Page 1 of 5 Page 19 of 124 regular City Commission Meeting for 5:30 p.m. on the 2nd and 4th Tuesday of each month. ROLL VOTE: Ayes: Kochin, St.Clair, Johnson, Kilgo, Keener, German, and Gorman Nays: None MOTION PASSES 2024-03 Setting Worksession Meetings - 5:30 pm - Mondays preceding the 2nd Tuesday each month Motion by Vice Mayor St.Clair, second by Commissioner Keener, to set Worksession Meetings for 5:30 p.m. on Mondays preceding the 2nd Tuesday each month. ROLL VOTE: Ayes: Gorman, Kochin, St.Clair, Johnson, Kilgo, Keener, and German Nays: None MOTION PASSES 2024-04 Appointment of City Officials o Appointment of City Manager - Jonathan Seyferth o Appointment of City Clerk - Ann Marie Meisch o Appointment of City Treasurer - Sarah Wilson o Appointment of City Auditor - Kenneth Grant o Appointment of City Assessor and Deputy Assessor - County Equalization Director Donna VanderVries and Deputy Director, Dan VanderKooi Motion by Commissioner German, second by Commissioner Keener, to Appoint Jonathan Seyferth as City Manager, Ann Marie Meisch as City Clerk, Sarah Wilson as City Treasurer, Kenneth Grant as City Auditor, County Equalization Director Donna VanderVries as City Assessor and County Equalization Deputy Director Dan VanderKooi as Deputy Assessor. ROLL VOTE: Ayes: German, Gorman, Kochin, St.Clair, Johnson, Kilgo, and Keener Nays: None MOTION PASSES 2024-05 Designation of City Fund Depositories Page 2 of 5 Page 20 of 124 Motion by Vice Mayor St.Clair, second by Commissioner German, to designate Fifth Third Bank (Main Depository), Huntington Bank, and Michigan Class as city depositories. ROLL VOTE: Ayes: Keener, German, Gorman, Kochin, St.Clair, Johnson and Kilgo Nays: None MOTION PASSES 2024-06 Designation of Firm to Act as Legal Counsel - Parmenter Law Motion by Commissioner Keener, second by Commissioner Kochin, to designate Parmenter Law to act as Legal Counsel. ROLL VOTE: Ayes: Kilgo, Keener, German, Gorman, Kochin, St.Clair, and Johnson Nays: None MOTION PASSES 2024-07 New Business A. CRC Appointment Recommendations Meeting Manager's Office Create a Special CRC Meeting on Jan 22, 2024 for Board Appointments STAFF RECOMMENDATION: Set a Special CRC meeting on Monday, Jan. 22, 2024, for board appointments. Motion by Commissioner Keener, second by Commissioner German, to set a Special CRC meeting on Monday, January 22, 2024 at 5:30, for board appointments. ROLL VOTE: Ayes: Johnson, Kilgo, Keener, German, Gorman, Kochin, and St.Clair Nays: None MOTION PASSES Page 3 of 5 Page 21 of 124 Mayor Committee Appointments o Mayor Johnson made the following appointments to various boards and committees listed below: o Farmers Market Advisory Board - Vice Mayor Rebecca St.Clair o Historic District Commission - Commissioner Katrina Kochin o Equal Opportunity Committee - Commissioner Willie German, Jr. and Commissioner Destinee Keener o Zoning Board of Appeals - Commissioner Willie German, Jr. o Downtown Arts Committee - Commissioner Rachel Gorman o West Michigan Shoreline Regional Development Commission - Commissioner Rachel Gorman o Land Bank Authority - Commissioner Jay Kilgo o Housing Code Board of Appeals - Commissioner Jay Kilgo o Citizen's District Council - Commissioner Katrina Kochin o Housing Commission - Vice Mayor Rebecca St.Clair o Planning Commission - Commissioner Destinee Keener o Community Relations Committee Chair - Vice Mayor Rebecca St.Clair Create a Committee to Review the Process of the City Manager's Annual Review Mayor Johnson appointed Vice Mayor Rebecca St.Clair, Commissioner Rachel Gorman, and Commissioner Willie German, Jr. as a Committee to Review the Process of the City Manager's Annual Review. Any Other Business Commissioner Keener appreciates the opportunity to serve and encourages constituents to reach out with concerns. Commissioner German congratulated newly elected commissioners and encouraged the new commissioners to stay the course when things become difficult. Commissioner Kochin thanked constituents for being elected and wants all to know she is available to hear concerns. Commissioner Kilgo also encouraged constituents to reach out with concerns and will be focusing on educating the community in any way he can, encouraging transparency, and growing all parts of Muskegon. Page 4 of 5 Page 22 of 124 Public Comment Public comments received. Respectfully Submitted, Ann Marie Meisch, MMC Page 5 of 5 Page 23 of 124 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: January 9, 2024 Title: Sanitary Sewer Easement - 381 E Laketon Submitted by: Joel Brookens, Engineer Department: DPW- Engineering Brief Summary: Staff is requesting approval of an easement between the owners of 381 E Laketon (Midwest V, LLC) and the City of Muskegon. Detailed Summary & Background: The City's sanitary sewer main runs east to west along the south edge of 381 E Laketon. Originally, it was within an alley. The alley was vacated years ago. Recent development of the property, re-building of the Dollar General, has prompted cleaning up legal rights to maintain the sewer. Easement documents have been prepared and signed by owners. Documents have been reviewed and accepted by John Schrier. Goal/Focus Area/Action Item Addressed: Key Focus Areas: Sustainability in financial practices and infrastructure Goal/Action Item: Amount Requested: Budgeted Item: Yes No N/A X Fund(s) or Account(s): Budget Amendment Needed: Yes No N/A X Recommended Motion: Move approval of the easement as presented and authorize the Mayor to sign the easement with Midwest V, LLC. Approvals: Guest(s) Invited / Presenting: Immediate Division X Head No Information Technology Other Division Heads Communication Legal Review X Page 24 of 124 Page 25 of 124 Page 26 of 124 Page 27 of 124 Page 28 of 124 Page 29 of 124 Page 30 of 124 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: January 9, 2024 Title: Storm Water Maintenance Agreements Submitted by: Joel Brookens, Engineer Department: DPW- Engineering Brief Summary: Staff seeks authority to sign Storm Water Maintenance Agreements when submitted in accordance with the City's Storm Water Ordinance. Detailed Summary & Background: Per the City’s Storm Water Ordinance, developments are required to submit post construction documents, one of which is a Storm Water Maintenance Agreement. The agreement requires the property owner to maintain the private storm water system and allows the City to enforce maintenance if the property owner fails to do so. The agreement is needed because the private system leads to the public system, and a failure to maintain the private system could negatively impact the public system or the waters that the systems eventually drain to. The agreement is required to be recorded at the County Register of Deeds office and runs with the property. The general format of these agreements has been reviewed and is acceptable to the attorney's office, and these agreements are required by the State of Michigan under the City's MS4 stormwater permit. Due to the number of agreements required each year (approximately one per month), the fact that each agreement follows the same approved format, that the agreements are only required on properties that follow the Site Plan Approval process (including the public notifications and Commission action that may be required under that process), and that the agreements are required both by City ordinance and the City's state-required storm water permit, staff requests permission to enter into these agreements. An example agreement is included for reference. Goal/Focus Area/Action Item Addressed: Key Focus Areas: Foster strong ties among government and community agencies Goal/Action Item: Amount Requested: Budgeted Item: Yes No N/A X Fund(s) or Account(s): Budget Amendment Needed: Yes No N/A X Recommended Motion: Move approval for the DPW Director, City Engineer, or Assistant City Engineer to sign Storm Water Maintenance Agreements when submitted in accordance with the City's Storm Water Ordinance. This approval shall remain in place until the SWM Agreement is updated/changed. Page 31 of 124 Approvals: Guest(s) Invited / Presenting: Immediate Division X Head No Information Technology Other Division Heads Communication Legal Review X Page 32 of 124 Page 33 of 124 Page 34 of 124 Page 35 of 124 Page 36 of 124 Page 37 of 124 Page 38 of 124 Page 39 of 124 Page 40 of 124 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: January 9, 2024 Title: Rezoning of 1993 Austin St Submitted by: Mike Franzak, Planning Director Department: Planning Brief Summary: Request to rezone the property at 1993 Austin St from B-4, General Business to R-2, Single- Family Medium Density Residential, by Derek Masterman. Detailed Summary & Background: The Planning Commission unanimously recommended approval of the rezoning at their December 14 meeting. Goal/Focus Area/Action Item Addressed: Key Focus Areas: Diverse housing types Goal/Action Item: Action Item 2022 – 2.3 Increase variety of housing types Amount Requested: Budgeted Item: N/A Yes No N/A x Fund(s) or Account(s): Budget Amendment Needed: N/A Yes No x N/A Recommended Motion: To approve the request to rezone the property at 1993 Austin St from B-4, General Business to R-2, Single-Family Medium Density Residential. Approvals: Guest(s) Invited / Presenting: Immediate Division x Head No Information Technology Other Division Heads x Communication Legal Review Page 41 of 124 PLANNING COMMISSION PACKET EXCERPT December 14, 2023 Hearing, Case 2023-33: Request to rezone the property at 1993 Austin St from B-4, General Business to R-2, Single-Family Medium Density Residential, by Derek Masterman. SUMMARY 1. The property is zoned B-4, General Business. However, there is an occupied residential house on the lot, which makes the building and use legally non-conforming. The parcel measures 15,360 sf (formerly three parcels) and the house measures 1,000 sf. 2. The property is located along Keating Ave between the Medindorp Industrial Center and a business corridor along Getty St. 3. The application has requested to rezone the property because he would like it to have the proper zoning for the use and he also mentioned that he wanted accurate comparables for assessments. 4. Notice was sent to everyone within 300 feet of the property. At the time of this writing, staff did not receive and comments. 1993 Austin St Page 42 of 124 Zoning Map Aerial Map Page 43 of 124 STAFF RECOMMENDATION Staff recommends approval of the rezoning request. The future land use map from the master plan depicts this parcel as residential. Past efforts to allow for more intense uses in this area never materialized and there does not appear to be any demand for commercial/industrial uses here. The parcel is actually three former residential lots combined together. Rezoning the lot to R-2 would allow it to be split into three residential lots if the owner chose to, which could assist in addressing the current housing crisis. Future Land Use Map Page 44 of 124 CITY OF MUSKEGON MUSKEGON COUNTY, MICHIGAN ORDINANCE NO. An ordinance to amend the zoning map of the City to provide for a zone change for 1993 Austin St from B-4 to R-2 THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS: Page 45 of 124 The zoning map of the City of Muskegon is hereby amended to change the zoning for 1993 Austin St from B-4 to R-2. CITY OF MUSKEGON CONTINENTAL ADD LOT 16 This ordinance adopted: Ayes: Nayes: Adoption Date: Effective Date: First Reading: Second Reading: CITY OF MUSKEGON By: __________________________ Ann Meisch, MMC City Clerk Page 46 of 124 CERTIFICATE (Rezoning 1993 Austin St from B-4 to R-2) The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County, Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the 9th day of January, at which meeting a quorum was present and remained throughout, and that the original of said ordinance is on file in the records of the City of Muskegon. I further certify that the meeting was conducted and public notice was given pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of Michigan No. 33 of 2006, and that minutes were kept and will be or have been made available as required thereby. DATED: ___________________, 2024 ________________________________ Ann Meisch, MMC Clerk, City of Muskegon Publish Notice of Adoption to be published once within ten (10) days of final adoption. Page 47 of 124 CITY OF MUSKEGON NOTICE OF ADOPTION Please take notice that on January 9, 2024, the City Commission of the City of Muskegon adopted an ordinance amending the zoning map to provide for the change of zoning for 1993 Austin St from B-4 to R-2: CITY OF MUSKEGON CONTINENTAL ADD LOT 16 Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours. This ordinance amendment is effective ten days from the date of this publication. Published ____________________, 2024 By ___________________________ Ann Meisch, MMC City Clerk --------------------------------------------------------------------------------------------------------------------- PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE. Account No. 101-80400-5354 Page 48 of 124 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: January 9, 2024 Title: Sale of 720 Leonard Avenue - REMOVED PER STAFF REQUEST Submitted by: LeighAnn Mikesell, Deputy City Department: Manager's Office Manager Brief Summary: Staff is seeking approval of the sale of 720 Leonard Avenue. Detailed Summary & Background: 720 Leonard Avenue was constructed through the agreement with Rudy Briggs to construct infill housing with ARPA funding. The offer is for full asking price. Goal/Focus Area/Action Item Addressed: Key Focus Areas: Goal/Action Item: Action Item 2022 – 2.3 Increase variety of housing types Amount Requested: Budgeted Item: N/A Yes No N/A x Fund(s) or Account(s): Budget Amendment Needed: N/A Yes No N/A x Recommended Motion: to approve the purchase agreement for 720 Leonard Avenue. Approvals: Guest(s) Invited / Presenting: Immediate Division Head No Information Technology Other Division Heads Communication Legal Review Page 49 of 124 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: January 9, 2024 Title: Sale of 159 McLaughlin Ave. Submitted by: Mike Franzak, Planning Director Department: Planning Brief Summary: Staff is requesting approval of a purchase agreement for 159 McLaughlin for $179,000 Detailed Summary & Background: 159 McLaughlin was constructed through the agreement with Dave Dusendang to construct infill housing with ARPA funding. The offer is over the full listing price with the seller to contribute 6% of purchase price towards buyers closing costs, pre paids and discount points. Goal/Focus Area/Action Item Addressed: Key Focus Areas: Create an environment that effectively attracts new residents and retains existing residents by filling existing employment gaps, attracting new and diverse businesses to the city, and expanding access to a variety of high-quality housing options in Muskegon. Key Focus Area: Diverse Housing Types. Goal/Action Item: Amount Requested: Budgeted Item: N/A Yes No N/A x Fund(s) or Account(s): Budget Amendment Needed: Yes No N/A x Recommended Motion: Approve the purchase agreement for 159 McLaughlin. Approvals: Guest(s) Invited / Presenting: Immediate Division Head No Information Technology Other Division Heads x Communication Legal Review x Page 50 of 124 dotloop signature verification: dtlp.us/MuM6-TdpK-bv6Y dtlp.us/dCQC-uCA6-iQb3 WEST MICHIGAN REGIONAL PURCHASE AGREEMENT # DATE: 12/04/2023 , 6:25pm (time) MLS # 23140881 SELLING OFFICE: Coldwell Banker Woodland Schmidt ART BROKER LIC.#: 6505346469 REALTOR® PHONE: 616-294-2354 LISTING OFFICE: West Urban Realty REALTOR® PHONE: 616-366-2459 1. Effective Date: This Agreement is effective on the date of Seller's acceptance of Buyer's offer or Buyer's acceptance of any counteroffer, as the case may be, and this date shall hereafter be referred to as the "Effective Date". Further, any reference to "days" in this Agreement refers to calendar days. The first calendar day begins at 12:01 a.m. on the day after the Effective Date. Any reference to "time" refers to local time. 2. Agency Disclosure: The Undersigned Buyer and Seller each acknowledge that they have read and signed the Disclosure Regarding Real Estate Agency Relationships. The selling licensee is acting as (choose one): Agent/Subagent of Seller Buyer’s Agent Dual Agent (with written, informed consent of both Buyer and Seller) Transaction Coordinator Primary Selling Agent Name: Lisa Wiersma Email: lisa.wiersma@cbgreatlakes.com Lic.#: 6506047678 Alternate Selling Agent Name: Email: Lic.#: 3. Seller’s Disclosure Statement: (This paragraph applies to sales of one-to-four family residential units.) Buyer has received the Seller’s Disclosure Statement, dated . Buyer has not received the Seller’s Disclosure Statement. Buyer may terminate this Agreement, in writing, any time prior to receipt of the Seller’s Disclosure Statement. Once Buyer has received the Seller’s Disclosure Statement, Buyer may terminate this Agreement, in writing, within 72 hours of receipt if the disclosure was received in person, or within 120 hours if received by registered mail. Exceptions: Seller is exempt from the requirements of the Seller Disclosure Act. 4. Lead-Based Paint Addendum: Transactions involving homes built prior to 1978 require a written disclosure which is hereby attached and will be an integral part of this Agreement. 5. Property Description: Buyer offers to buy the property located in the City Village Township of Muskegon , County of Muskegon , Michigan, commonly known as (insert mailing address: street/city/state/zip code) 159 Mclaughlin Avenue, Muskegon, MI 49442 with the following legal description and tax parcel ID numbers: City of Muskegon revised plat 1903 west 74' lot 1, blk 266 PP# 61-24-205-266-0001-00 . The following paragraph applies only if the Premises include unplatted land: Seller agrees to grant Buyer at closing the right to make (insert number) N/A division(s) under Section 108(2), (3), and (4) of the Michigan Land Division Act. (If no number is inserted, the right to make divisions under the sections referenced above stays with any remainder of the parent parcel retained by Seller. If a number is inserted, Seller retains all available divisions in excess of the number stated; however, Seller and/or REALTOR® do not warrant that the number of divisions stated is actually available.) If this sale will create a new division, Seller’s obligations under this Agreement are contingent on Seller’s receipt of municipal approval on or before , of the proposed division to create the Premises. 6. Purchase Price: Buyer offers to buy the Property for the sum of $ 179,000 one hundred seventy-nine thousand U.S. Dollars 7. Seller Concessions, if any: Seller to contribute 6% of purchase price towards buyers closing costs, pre paids and discount points 8. Terms: The Terms of Purchase will be as indicated by “X” below: (Other unmarked terms of purchase do not apply.) SOURCE OF FUNDS TO CLOSE: Buyer represents that the funds necessary to close this transaction on the terms specified below are currently available to Buyer in cash or an equally liquid equivalent. If the Property’s value stated in an appraisal obtained by Buyer or Buyer’s lender is less than the Purchase Price, Buyer shall within three (3) days after receipt of the appraisal: 1) renegotiate with the Seller, 2) terminate the transaction, in which case Buyer shall receive a refund of Buyer’s Earnest Money Deposit, or 3) proceed to close the transaction at the agreed Purchase Price. CASH. The full Purchase Price upon execution and delivery of Warranty Deed. Buyer Agrees to provide Buyer Agent/Dual Agent verification of funds within five (5) days after the Effective Date, and consents to the disclosure of such information to Seller and/or Seller’s Agent. If verification of funds is not received within 5 days after the Effective Date, Seller may terminate this Agreement at any time before verification of funds is received by giving written notice to Buyer. Any appraisal required by Buyer shall be arranged and paid for by Buyer within ten (10) days after the Effective Date of this Agreement. NEW MORTGAGE. The full Purchase Price upon execution and delivery of Warranty Deed, contingent upon Buyer’s ability to obtain a VA type 30 (year) mortgage in the amount of 100 % of the Purchase Price bearing interest at a rate not to exceed best % per annum (rate at time of loan application), on or before the date the sale is to be closed. Buyer agrees to apply for a mortgage loan, and pay all fees and costs customarily charged by Buyer’s lender to process the application, within 5 days after the Effective Date, not to impair Buyers’ credit after the date such loan if offered. Seller Buyer will agree to pay an amount not to exceed $ 0.00 representing repairs required as a condition of financing. Buyer agrees does not agree to authorize Buyer’s Agent/Dual Agent to obtain information from ©Copyright, West Michigan REALTOR® Associations Page 1 of 6 Rev. Date 1/2023 JH 12/04/23 6:37 PM EST Buyer’s Initials LM Seller’s Initials dotloop verified 12/05/23 9:54 AM EST dotloop verified Page 51 of 124 dotloop signature verification: dtlp.us/MuM6-TdpK-bv6Y dtlp.us/dCQC-uCA6-iQb3 West Michigan Regional Purchase Agreement Page 2 of 6 Buyer’s lender regarding Buyer’s financing, and consents to the disclosure of this information to Seller and/or Seller’s Agent. Exceptions: SELLER FINANCING (choose one of the following): CONTRACT or PURCHASE MONEY MORTGAGE In the case of Seller financing, Buyer agrees to provide Seller with a credit report within 72 hours after the Effective Date. If the credit report is unacceptable to Seller, Seller shall have the right to terminate this offer within 48 hours of Seller’s receipt, or if Buyer fails to provide said credit report to Seller within the time frame allotted, Seller shall have the right to terminate this offer within 48 hours. Seller is advised to seek professional advice regarding the credit report. $ upon execution and delivery of a form (name or type of form and revision date), a copy of which is attached, wherein the balance of $ will be payable in monthly installments of $ or more including interest at % per annum, interest to start on date of closing, and first payment to become due thirty (30) days after date of closing. The entire unpaid balance will become due and payable months after closing. Any appraisal required by Buyer shall be arranged and paid for by Buyer within ten (10) days after the Effective Date of this Agreement. Exceptions: EQUITY (choose one of the following): Formal Assumption or Informal Assumption Upon execution and delivery of: Warranty Deed subject to existing mortgage OR Assignment of Vendee Interest in Land Contract, Buyer to pay the difference (approximately $ ) between the Purchase Price above provided and the unpaid balance (approximately $ ) upon said mortgage or land contract, which Buyer agrees to assume and pay. Buyer agrees to reimburse Seller for accumulated funds held in escrow, if any, for payment of future taxes and insurance premiums, etc. Any appraisal required by Buyer shall be arranged and paid for by Buyer within ten (10) days after the Effective Date of this Agreement. Exceptions: OTHER: 9. Contingencies: Buyer’s obligation to consummate this transaction (choose one): IS NOT CONTINGENT - is not contingent upon the sale or exchange of any other property by Buyer. IS CONTINGENT UPON CLOSING - is contingent upon closing of an existing sale or exchange of Buyer’s property located at: A copy of Buyer’s agreement to sell or exchange that property is being delivered to Seller along with this offer. If the existing sale or exchange terminates for any reason, Buyer will immediately notify Seller, and either party may terminate this Agreement in writing, within 3 days of Buyer’s notice to Seller. If either party terminates, Buyer shall receive a refund of any applicable Earnest Money Deposit. IS CONTINGENT UPON THE SALE AND CLOSING - is contingent upon the execution of a binding agreement and the closing of a sale or exchange of Buyer’s property located at on or before . Seller will have the right to continue to market Seller’s Property until Buyer enters into a binding agreement to sell or exchange Buyer’s property and delivers a copy thereof to Seller. During such marketing period, Seller may enter into a binding contract for sale to another purchaser on such price and terms as the Seller deems appropriate. In such event, this Agreement will automatically terminate, Buyer will be notified promptly, and Buyer’s Earnest Money Deposit will be refunded. Exceptions: 10. Fixtures & Improvements: The following is not intended to be an all-inclusive list of items included with the Property. All improvements and appurtenances are included in the Purchase Price, if now in or on the Property, unless rented, including the following: all buildings; landscaping; attached smart home devices; attached security systems; lighting fixtures and their shades and bulbs; ceiling fans; hardware for draperies and curtains; window shades and blinds; built-in kitchen appliances, including garbage disposal and drop-in ranges; wall to wall carpeting, if attached; all attached mirrors; all attached TV mounting brackets; all attached shelving; attached work benches; stationary laundry tubs; water softener; water heater; incinerator; sump pump; water pump and pressure tank; heating and air conditioning equipment (window units excluded); attached humidifiers; heating units, including add-on heating stoves and heating stoves connected by flue pipe; fireplace screens, inserts, and grates; fireplace doors, if attached; liquid heating and cooking fuel tanks; TV antenna and complete rotor equipment; satellite dish and necessary accessories and complete rotor equipment; all support equipment for inground pools; screens and storm windows and doors; awnings; installed basketball backboard, pole and goal; mailbox; flagpole(s); fencing, invisible inground fencing and all related equipment, including collars; detached storage buildings; underground sprinkling, including the pump; installed outdoor grills; all plantings and bulbs; garage door opener and control(s); and any and all items and fixtures permanently affixed to the Property; and also includes: Appliance and Central Air Packages but does not include: 1271 Spring Street, Muskegon, MI 49442 12/04/2023 6:25pm Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations JH Buyer’s Initials Seller’s Initials Revision Date 1/2023 12/04/23 6:37 PM EST dotloop verified LM 12/05/23 9:54 AM EST dotloop verified Page 52 of 124 dotloop signature verification: dtlp.us/MuM6-TdpK-bv6Y dtlp.us/dCQC-uCA6-iQb3 West Michigan Regional Purchase Agreement Page 3 of 6 11. Heating and Cooking Fuels: Liquid heating and cooking fuels in tanks are included in the sale and will transfer to Buyer at time of possession unless usage is metered (in which case it is not included in the sale). Sellers are responsible for maintaining heating and cooking liquid fuels at an operational level and shall not permit fuels to fall below 10% in the tank(s) at the time of possession, except that the tank(s) may be empty only if now empty. Further, Seller is precluded from removing fuel from tank(s) other than what is expended through normal use. Exceptions: Home is connected to natural gas 12. Assessments (choose one): If the Property is subject to any assessments, Seller shall pay the entire balance of any such assessments that are due and payable on or before the day of closing (regardless of any installment arrangements), except for any fees that are required to connect to public utilities. Seller shall pay all installments of such assessments that become due and payable on or before day of closing. Buyer shall assume and pay all other installments of such assessments. Seller has an ongoing obligation through the Closing to disclose to the Buyer any known pending assessments, including, but not limited to, any mandatory utility connection requirements, and/or benefit charges, and condominium special assessments, that have not been previously disclosed in writing to Buyer. 13. Property Taxes: Seller will be responsible for any taxes billed prior to those addressed below. Buyer will be responsible for all taxes billed after those addressed below. Buyer is also advised that the state equalized value of the Property, principal residence exemption information and other real property tax information is available from the appropriate local assessor’s office. Buyer should not assume that Buyer’s future tax bills on the Property will be the same as Seller’s present tax bills. Under Michigan law, real property tax obligations can change significantly when property is transferred. No proration. (Choose one): Buyer Seller will pay taxes billed summer (year); Buyer Seller will pay taxes billed winter (year); Calendar Year Proration (all taxes billed or to be billed in the year of the closing). Calendar year tax levies will be estimated, if necessary, using the taxable value and the millage rate(s) in effect on the day of closing, broken down to a per diem tax payment and prorated to the date of closing with Seller paying for January 1 through the day before closing. Fiscal Year Proration - Taxes will be prorated as though they are paid in (choose one): advance. arrears. Fiscal Year will be assumed to cover a 12-month period from date billed, and taxes will be prorated to the date of closing. Fiscal year tax levies will be estimated, if necessary, using the taxable value and millage rate(s) in effect on the day of closing, broken down to a per diem tax payment and prorated to the date of closing with Seller paying through the day before closing. Exceptions: 14. Well/Septic: Within ten (10) days after the Effective Date, (choose one) Seller or Buyer will arrange for, at their own expense, an inspection of the primary well used for human consumption (including a water quality test for coliform bacteria and nitrates) and septic systems in use on the Property. The inspection will be performed by a qualified inspector in a manner that meets county (or other local governmental authority, if applicable) protocol. If any report discloses a condition unsatisfactory to Buyer, or doesn’t meet county standards that are a condition of sale, Buyer may, within three (3) days after Buyer has received the report, by written notice to Seller, either terminate this Agreement and receive a refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct those unsatisfactory conditions. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be deemed to have accepted the well/septic as-is. Seller will respond in writing within three (3) days to Buyer’s request. If Seller fails to respond or to arrive at a mutually agreeable resolution within three (3) days after Seller’s receipt of Buyer’s proposal, Buyer will have three (3) days to provide written notice of termination of this Agreement and receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate the contract, Buyer will proceed to closing according to the terms and conditions of this Agreement. Other: Home is connected to public water and sewer 15. Inspections & Investigations: Inspections: Buyer, or someone selected by Buyer, has the right to inspect the buildings, premises, components and systems, at Buyer’s expense. Any damage, misuse, abuse, or neglect of any portion of the Property or premises as a result of inspections will be Buyer’s responsibility and expense. Investigations: It is Buyer’s responsibility to investigate (i) whether the Property complies with applicable codes and local ordinances and whether the Property is zoned for Buyer’s intended use; (ii) whether Buyer can obtain a homeowner’s insurance policy for the Property at price and terms acceptable to Buyer; (iii) and whether or not the Property is in a flood zone. All inspections and investigations will be completed within ____ days after the Effective Date. If the results of Buyer’s inspections and investigations are not acceptable to Buyer, Buyer may, within the above referenced period, either (a) terminate this Agreement by written notice to Seller and receive a refund of Buyer’s Earnest Money Deposit, or (b) make a written proposal to Seller to correct those unsatisfactory conditions, which proposal must be in the form of a proposed addendum and must be signed by Buyer in order for it to be effective. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be deemed to have 1271 Spring Street, Muskegon, MI 49442 12/04/2023 6:25pm Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations Revision Date 1/2023 JH 12/04/23 6:37 PM EST Buyer’s Initials LM Seller’s Initials dotloop verified 12/05/23 9:54 AM EST dotloop verified Page 53 of 124 dotloop signature verification: dtlp.us/MuM6-TdpK-bv6Y dtlp.us/dCQC-uCA6-iQb3 West Michigan Regional Purchase Agreement Page 4 of 6 accepted the Property as-is. Seller may negotiate with Buyer, or by written notice to Buyer, accept Buyer’s proposal or terminate this Agreement. If Seller fails to respond, or to arrive at a mutually agreeable resolution within three (3) days after Seller’s receipt of Buyer’s proposal, Buyer shall have three (3) days to provide written notice of termination of this Agreement and receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate this Agreement within said three (3) day period, Buyer will be deemed to accept the Inspections & Investigations and will proceed to closing according to the terms and conditions of this Agreement. Buyer has waived all rights under this Inspections & Investigations paragraph. Exceptions: 16. Municipal Compliances: Seller will arrange and pay for current certificates of occupancy, sidewalk compliance, and smoke detector ordinances, if applicable. 17. Title Insurance: Seller agrees to convey marketable title to the Property subject to conditions, limitations, reservation of oil, gas and other mineral rights, existing zoning ordinances, and building and use restrictions and easements of record. An expanded coverage ALTA Homeowner’s Policy of Title Insurance in the amount of the Purchase Price shall be ordered by Seller and furnished to Buyer at Seller’s expense, and a commitment to issue a policy insuring marketable title vested in Buyer, including a real estate tax status report, will be made available to Buyer within ten (10) days after the Effective Date. If Buyer so chooses, or if an expanded policy is not applicable, then a standard ALTA Owners’ Policy of Title Insurance shall be provided. If Buyer objects to any conditions, Buyer may, within three (3) days of receipt of the Title Commitment, by written notice to Seller, either terminate this Agreement and receive a refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct those unsatisfactory conditions. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be deemed to have accepted the Title Commitment as-is. Seller may negotiate with Buyer, or by written notice to Buyer, accept Buyer’s proposal or terminate this Agreement. If Seller fails to respond, or to arrive at a mutually agreeable resolution within three (3) days after Seller’s receipt of Buyer’s proposal, Buyer shall have three (3) days to provide written notice of termination of this Agreement and shall receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate this Agreement within said three (3) day period, Buyer will be deemed to accept the Title Commitment as-is and will proceed to closing according to the terms and conditions of this Agreement. Exceptions: 18. Property Survey: Broker advises that Buyer should have a survey performed to satisfy Buyer as to the boundaries of the Property and the location of improvements thereon. Buyer or Seller (choose one) shall within ten (10) days of the Effective Date, order, at their expense, a boundary survey with iron corner stakes showing the location of the boundaries, improvements and easements in connection with the Property. Upon receipt of the survey, Buyer will have three (3) days to review the survey. If the survey shows any condition, in Buyer’s sole discretion, which would interfere with Buyer’s intended use of the Property, the marketability of the title, or zoning non-compliance, then Buyer may, within said three (3) day period, terminate this Agreement, in writing, and Buyer will receive a full refund of Buyer’s Earnest Money Deposit. No survey. Buyer has waived all rights under this paragraph. When closing occurs, Buyer shall be deemed to have accepted the boundaries of the Property and the location of such improvements thereon. Exceptions: 19. Home Protection Plan: Buyer and Seller have been informed that home protection plans may be available. Such plans may provide additional protection and benefit to the parties. Exceptions: 20. Prorations: Rent; association dues/fees, if any; insurance, if assigned; interest on any existing land contract, mortgage or lien assumed by Buyer; will all be adjusted to the date of closing. For the purposes of calculating prorations, it is presumed that Seller owns the Property through the day before closing. 21. Closing: If agreeable to Buyer and Seller, the sale will be closed as soon as closing documents are ready, but not later than 01/05/2024 . An additional period of fifteen (15) days will be allowed for closing to accommodate the correction of title defects or survey problems which can be readily corrected, or for delays in obtaining any lender required inspections/repairs. During this additional period, the closing will be held within 5 days after all parties have been notified that all necessary documents have been prepared. Buyer and Seller will each pay their title company closing fee, if applicable, except in the case of VA financing where Seller will pay the entire closing fee. Exceptions: 22. Pre-Closing Walk-Through: Buyer (choose one) reserves waives the right to conduct a final walk-through of the Property within three (3) days of the scheduled closing date. The purpose of the walk-through is to determine that the Property is in a substantially similar condition as of the Effective Date, any contractually agreed upon items have been fulfilled, and that any included personal property is still located at the Property. Buyer shall immediately report to Seller any objections to these conditions and Buyer’s requested corrective action. 23. Possession: Seller will maintain the Property in its present condition until the completion of the closing of the sale. Possession to be delivered to Buyer, subject to rights of present tenants, if any. At the completion of the closing of the sale. At a.m. p.m. on the day after completion of the closing of the sale, during which time Seller 1271 Spring Street, Muskegon, MI 49442 12/04/2023 6:25pm Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations Revision Date 1/2023 JH 12/04/23 6:37 PM EST Buyer’s Initials LM Seller’s Initials dotloop verified 12/05/23 9:54 AM EST dotloop verified Page 54 of 124 dotloop signature verification: dtlp.us/MuM6-TdpK-bv6Y dtlp.us/dCQC-uCA6-iQb3 West Michigan Regional Purchase Agreement Page 5 of 6 will have the privilege to occupy the Property and hereby agrees to pay Buyer $ as an occupancy fee for this period payable at closing, WITHOUT PRORATION. Payment shall be made in the form of cash or certified funds. If Seller fails to deliver possession to Buyer on the agreed date, Seller shall become a tenant at sufferance and shall pay to Buyer as liquidated damages $ per day plus all of the Buyer’s actual reasonable attorney's fees incurred in removing the Seller from the Property. If Seller occupies the Property after closing, Seller will pay all utilities during such occupancy. Buyer will maintain the structure and mechanical systems at the Property. However, any repairs or replacements necessitated by Seller’s misuse, abuse, or neglect of any portion of the Property will be Seller’s responsibility and expense. On the agreed delivery date, Seller shall deliver the Property free of trash and debris and in broom-clean condition, shall remove all personal property (unless otherwise stated in this or an additional written agreement), shall make arrangements for final payment on all utilities, and shall deliver all keys to Buyer. Exceptions: 24. Earnest Money Deposit: For valuable consideration, Buyer gives Seller until 12:00pm (time) on 12/05/2023 (date), to deliver the written acceptance of this offer and agrees that this offer, when accepted by Seller, will constitute a binding Agreement between Buyer and Seller. An Earnest Money Deposit in the amount of $ 1000.00 shall be submitted to Coldwell Banker Woodland Schmidt (insert name of broker, title company, other) within 72 hours of the Effective Date of this Agreement, and shall be applied against the Purchase Price. If the Earnest Money Deposit is not received within 72 hours of the Effective Date or is returned for insufficient funds, Seller may terminate this Agreement until such time as the Earnest Money Deposit is received. If Seller terminates this Agreement under this provision, Seller waives any claim to the Earnest Money Deposit. If the sale is not closed due to a failure to satisfy a contingency for a reason other than the fault of Buyer, the Earnest Money Deposit shall be refunded to Buyer. If the sale is not closed as provided in this Agreement and Buyer and Seller do not agree to the disposition of the Earnest Money Deposit, then Buyer and Seller agree that the Broker holding the Earnest Money Deposit may notify Buyer and Seller, in writing, of Broker’s intended disposition of the Earnest Money Deposit. If Buyer and Seller do not object to such disposition in writing within fifteen (15) days after the date of Broker’s notice, they will be deemed to have agreed to Broker’s proposed disposition; if either Buyer or Seller object and no mutually agreeable disposition can be negotiated, Broker may deposit the funds by interpleader with a court of proper jurisdiction or await further actions by Buyer and Seller. In the event of litigation involving the deposit, in whole or in part, either the Seller or the Buyer that is not the prevailing party, as determined by the court, will reimburse the other for reasonable attorneys’ fees and expenses incurred in connection with the litigation, and will reimburse the Broker for any reasonable attorneys’ fees and expenses incurred in connection with any interpleader action instituted. If the entity holding the Earnest Money Deposit is not the Broker, then to the extent that the terms of any escrow agreement conflict with this paragraph, then the terms and conditions of the escrow agreement shall control. 25. Professional Advice: Broker hereby advises Buyer and Seller to seek legal, tax, environmental and other appropriate professional advice relating to this transaction. Broker does not make any representations or warranties with respect to the advisability of, or the legal effect of this transaction. Buyer further acknowledges that REALTOR® above named in the Agreement hereby recommends to Buyer that an attorney be retained by Buyer to pass upon the marketability of the title and to ascertain that the required details of the sale are adhered to before the transaction is consummated. Buyer agrees that Buyer is not relying on any representation or statement made by Seller or any real estate salesperson (whether intentionally or negligently) regarding any aspect of the Property or this sale transaction, except as may be expressly set forth in this Agreement, a written amendment to this Agreement, or a disclosure statement separately signed by Seller. 26. Disclosure of Information: Buyer and Seller acknowledge and agree that the Purchase Price, terms, and other details with respect to this transaction (when closed) are not confidential, will be disclosed to REALTORS® who participate in the applicable Multiple Listing Service, and may otherwise be used and/or published by that Multiple Listing Service in the ordinary course of its business. 27. Other Provisions: 28. Mergers and Integrations: This Agreement is the final expression of the complete agreement of Buyer and Seller, and there are no oral agreements existing between Buyer and Seller relating to this transaction. This Agreement may be amended only in writing signed by Buyer and Seller and attached to this Agreement. 29. Fax/Electronic Distribution and Electronic Signatures: Buyer and Seller agree that any signed copy of this Agreement, and any amendments or addendums related to this transaction, transmitted by facsimile or other electronic means shall be competent evidence of its contents to the same effect as an original signed copy. Buyer and Seller further agree that an electronic signature is the legal equivalent of a manual or handwritten signature, and consent to use of electronic signatures. Buyer and Seller agree that any notice(s) required or permitted under this Agreement may also be transmitted by facsimile or other electronic means. 30. Wire Fraud: Seller and Buyer are advised that wire fraud is an increasingly common problem. If you receive any electronic 1271 Spring Street, Muskegon, MI 49442 12/04/2023 6:25pm Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations Revision Date 1/2023 JH 12/04/23 6:37 PM EST dotloop verified Buyer’s Initials LM Seller’s Initials 12/05/23 9:54 AM EST dotloop verified Page 55 of 124 dotloop signature verification: dtlp.us/MuM6-TdpK-bv6Y dtlp.us/dCQC-uCA6-iQb3 West Michigan Regional Purchase Agreement Page 6 of 6 communication directing you to transfer funds or provide nonpublic personal information (such as social security numbers, drivers’ license numbers, wire instructions, bank account numbers, etc.), even if that electronic communication appears to be from the Broker, Title Company, or Lender, DO NOT reply until you have verified the authenticity of the email by direct communication with Broker, Title Company, or Lender. DO NOT use telephone numbers provided in the email. Such requests may be part of a scheme to steal funds or use your identity. 31. Buyer’s Approval and Acknowledgment: Buyer approves the terms of this offer and acknowledges receipt of a copy of this offer. Buyer 1 Address X Johnathon Hidrogo Buyer dotloop verified 12/04/23 6:37 PM EST FJAR-L8VT-QGT6-FSX1 Buyer 1 Phone: (Res.) (Bus.) Johnathon Hidrogo Print name as you want it to appear on documents. Buyer 2 Address X Buyer Buyer 2 Phone: (Res.) (Bus.) Print name as you want it to appear on documents. 32. Seller’s Response: The above offer is approved: As written. As written except: Appliance package of $4000 Central Air $4000 Counteroffer, if any, expires December 5,2023 , at 5pm (time). Seller has the right to withdraw this counteroffer and to accept other offers until Seller or Seller’s Agent has received notice of Buyer’s acceptance. 33. Certification of Previous Disclosure Statement: Seller certifies to Buyer that the Property is currently in the same condition as disclosed in the Seller’s Disclosure Statement dated (choose one): Yes No. Seller agrees to inform Buyer in writing of any changes in the content of the disclosure statement prior to closing. 34. Notice to Seller: Seller understands that consummation of the sale or transfer of the Property described in this Agreement will not relieve Seller of any liability that Seller may have under the mortgages to which the Property is subject, unless otherwise agreed to by the lender or required by law or regulation. Buyer and Seller are advised that a Notice to Seller & Buyer of Underlying Mortgage form is available from the respective agents via the West Michigan REALTOR® Boards. 35. Listing Office Address: 3265 Walker Ave NW, Suite D, Grand Rapids, MI Listing Broker License # 6506015435 49544 Listing Agent Name: Mariana MURILLO VANDAM Listing Agent License # 36. Seller’s Approval and Acknowledgment: Seller approves the terms of this Agreement and acknowledges receipt of a copy. If Seller’s response occurs after Buyer’s offer expires, then Seller’s response is considered a counteroffer and Buyer’s acceptance is required below. LeighAnn Mikesell dotloop verified X (Seller’s Signature, Date, Time): 12/05/23 9:54 AM EST VRIY-U0X4-6FKF-SXN3 Is Seller a U.S. Citizen or Resident Alien? Yes No* Print name as you want it to appear on documents. X (Seller’s Signature, Date, Time): LeighAnn Mikesell Is Seller a U.S. Citizen or Resident Alien? Yes No* Print name as you want it to appear on documents. Seller’s Address: Seller’s Phone (Res.) (Bus) * If Seller(s) is not a U.S. Citizen or Resident Alien, there may be tax implications and Buyer and Seller are advised to seek professional advice. 37. Buyer’s Receipt/Acceptance: Buyer acknowledges receipt of Seller’s response to Buyer’s offer. In the event Seller’s response constitutes a counteroffer, Buyer accepts said counteroffer. All other terms and conditions in the offer remain unchanged. Johnathon Hidrogo dotloop verified X (Buyer’s Signature, Date, Time): 12/05/23 11:51 AM EST 2WFQ-Q8RM-UDWU-UBVR X (Buyer’s Signature, Date, Time): 38. Seller’s Receipt: Seller acknowledges receipt of Buyer’s acceptance of counter offer. LeighAnn Mikesell dotloop verified X (Seller’s Signature, Date, Time): 12/05/23 9:54 AM EST IHTA-FDXI-SYCO-JWIR X (Seller’s Signature, Date, Time): 1271 Spring Street, Muskegon, MI 49442 12/04/2023 6:25pm Subject Property Address/Description Date Time ©Copyright, West Michigan REALTOR® Associations Revision Date 1/2023 JH 12/04/23 Buyer’s Initials LM Seller’s Initials 6:37 PM EST dotloop verified 12/05/23 9:54 AM EST dotloop verified Page 56 of 124 QUIT CLAIM DEED KNOW ALL PERSONS BY THESE PRESENTS that the City of Muskegon, a municipal corporation, whose address is 933 Terrace Street, Muskegon, Michigan 49440 (Grantor") Quit Claim(s) to Johnathon Hidrogo whose address is 791 Lillian Street, Holland, MI 49424 ("Grantee") the following described parcel of land in the City of Muskegon, County of Muskegon and State of Michigan: The West 74 feet of Lot 1, Block 266, Revised Plat (of 1903) of the City of Muskegon, Muskegon County, Michigan, as recorded in Liber 3 of Plats, Page 71.. Parcel Identification No. 61-24-205-266-0001-00 Commonly known as: 159 McLaughlin Ave, Muskegon, MI 49442 For the full consideration of $179,000.00 State Exempt by MCL 207.526 Section (6(h(i))) County Exempt by MCL 207.505 Section (5(h(i))) Dated this ____________________________ Signed and Sealed: City of Muskegon, a Municipal corporation ________________________ By Ken Johnson, Its Mayor ________________________ By Ann Marie Meisch, Its Clerk Page 57 of 124 STATE OF MICHIGAN ) )ss COUNTY OF Muskegon ) The foregoing instrument was acknowledged before me on _________________, by Ken Johnson, its Mayor and Ann Marie Meisch, Its Clerk of the City of Muskegon, a Municipal corporation Notary Signature:______________________________ Notary Name Printed: Notary Public County, Michigan Acting in County My term expires: Instrument Drafted By: Return to: West Urban Realty Johnathon Hidrogo 3265 Walker Ave. NW, Suite D 791 Lillian Street Grand Rapids, MI 49544 Holland, MI 49424 Page 58 of 124 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: January 9th, 2024 Title: DDA Liquor License – Muskegon Brewing Company, 1204 W Western Ave Submitted By: Department: Planning Brief Summary: Muskegon Brewing Company is requesting a Downtown Development Authority On-Premise Liquor License for the building at 1204 W Western Ave. The Liquor Control Commission allows for additional liquor licenses within Downtown Development Authority Districts under certain conditions. Detailed Summary & Background: Goal/Focus Area/Action Item Addressed: Amount Requested: N/A Budgeted Item: Yes No N/A Fund(s) or Account(s): N/A Budget Amendment Needed: Yes No N/A Recommended Motion: To approve the request for a Downtown Development Authority On- Premise Liquor License for the building at 1204 W Western Ave. Approvals: Guest(s) Invited / Presenting: Immediate Division Head Information Technology Yes Other Division Heads No Communication Legal Review Page 59 of 124 CITY OF MUSKEGON MUSKEGON COUNTY, MICHIGAN RESOLUTION NO. _________ A resolution concerning the issuance of a Downtown Development Authority District On-Premises Liquor License pursuant to 436.1521a(1)(b) of the Michigan Compiled Laws. The City Commission of the City of Muskegon hereby RESOLVES: Recitals 1. Muskegon Brewing Company has applied for a Class C Downtown Development Authority District On-Premises Liquor License for the premises at 1204 W Western Ave, Muskegon, MI 49440, which is located within an area established by the City Commission as a redevelopment project area pursuant to 436.1521a(1)(b) of the Michigan Compiled Laws. 2. It is required that the City Commission approve a specific applicant, at a specific location “ABOVE ALL OTHERS”. 3. This resolution was approved at the regular meeting of the City Commission on January 9th, 2024. City Commission Findings The City Commission is satisfied that: 1. That the applicant has sufficiently demonstrated a commitment for a capital investment of not less than $75,000 for the build-out and improvements of the building that will house the licensed premises, which amounts shall be expended before the issuance of the license. 2. That the licensed business shall be engaged in dining, entertainment or recreation, that is open to the general public, with a seating capacity of not less than 50 persons. NOW, THEREFORE, THE CITY COMMISSION RESOLVES: The City Commission deems it to be in the best interest of the City of Muskegon to approve the application of Muskegon Brewing Company, for a Class C license under the Downtown Development Authority District On-Premises Liquor License for the premises at 1204 W Western Ave, Muskegon, MI 49440, pursuant to 436.1521a(1)(b) of the Michigan Compiled Laws, and recommends to the Michigan Liquor Control Commission the issuance of said requested license “ABOVE ALL OTHERS”. Adopted this 9th day of January, 2024. AYES: ______________________________________________________ NAYES: ______________________________________________________ ABSENT: ______________________________________________________ By: ________________________ Page 60 of 124 Ken Johnson City Mayor By: ________________________ Ann Meisch, MMC City Clerk Page 61 of 124 · Downtown Development Authority (DDA) Tax Increment Financing Authority (TIFA) RIVE R ST R EET (VAC ) T REE KST BAN Boundaries BA City of Muskegon, Michigan YO U ST IV E R EE T DR ) AC AY ) (V AC AW ET T (V SE RE R EE ST NK ST ET BA RE RN ST TE W ES A AW BU TL O TT ER ST RE ET BA (V AC YO ) U ST WOOD STREET (VAC) ) AC BRUSSE AVE (VAC (V ) ST NK CAMPBELL ST (VAC) BA C) BU TL VA ER AV T( EN NS UE ER ST WE CR OS SA ADAMSAVENUE VE NU E CAMPBELL STREET Renaissance Zone Name LEONARD AVENUE Boilerworks/Amazon MA RQ UE WOOD STREET TT EA JA VE CK NU SO E N Fisherman's (V AC ) Heritage Square MARQUETTEAVEN k e Landing UE ET ST RE ST WA IV E N CHARLES STREET TA DR MARSHALL STREET ER OT LANGLEY STREET High Point Flats ST JA CK AY WE SO NA AW VE ST NU SE E EA T UE REE EN AV ON ST KS JAC BA Muskegon Mall YU ET RE JACKSONAVENUE ST ON L a KS MULDERSTREET T IC R EE SU ER MN Shaw Walker ER ST Verplank AV EN S UE VI U HERRICK STREET ALVASTREET McLARENSTREET TA OC DDA_Boundary ELLIFSON AVENUE G ID D IN HA GS LL AV SUMNERAVENUE Brownfield TIF AV EN E UE SUMNERAVENUE . ST WA TA . ST OT SmartZone LDFA GI . ON DR DD n IN WESLEY GS AVENUE IC KS AY AW HA ER E. LL AV MULDERSTREET GLENCOURT SE AV E. VIRIDIAN DRIVE RN . ST . TE ST AV E. ES TIFA US o g BA . W ST VI YU E. TA N IO OC M AR MARCOUXAVENU SHORELINEDRI E VE e TREET EASTERNAV TIFA-II ENUE UE k EN AV ER TERRACE S ST EB MA ET EM W s RS ER WOOD STRE SP H AL ST D R IN RE M u ST ET RE G VE UE ET INT ST EN RA RI PO RE AV M UE TH UR EN E RN BO FIR AV NU ET ED PH E ON RN ST AC TE EG Y SK VE ES ET Central Fire Station ST ST ES WHITE AVENUE MU RR IN TR RE RE RE ISA W EE TE ET ET ST EL T RR ET OR MO RK ÷ MA County Building SH OAK AVENUE Mart Dock PI @ NE CE WOOD STREET City Hall DA ST RS OAK AVENUE UE TR UE EN RE AV TE EE EN ON T AV A LT ET RR W NU E AY UE CL AC ORCHARDAVENUE E IS AV EN AV ORCHARD AVENUE E ) RR AC JE TH Renaissance Zone Notes: FO (V O RN FF ST E IR M AV UR WILLIAMS STREET ER ON D SCOTT STREET KENNETH STREET TE TH A LT RE SO ST W ES R NS ST EE ET W 1) Existing Renaissance Zones expire in 2014. TR T EE FIR T E U N ST AMITY AVENUE E UE V 2) Extended Zones (High Point Flats & Heritage Square) expire in 2023. EN ST A AV EMERALD STREET AMITY AVENUE E E RE R FORK STREET E NU MY RTL T VE ET A @ S ON B EG E SK PIN W SE MU E ÷ CO ST. ND ALLENAVENUE ST RE ALLENAVENUE JAY STREET UE ET EN AV O N FIF LT TH A ey TH W IR ckl ST D APPLEAVENUE RE ST APPLEAVENUE FIRST STREET ET RE REET SANFORD ST Ha ark ET APPLE AVEENUE JEFFERSON ST E NU P E AV FO D OR U NC R CO TH HAMILTONAVENUE S EET TR E E CHESTNUTSTR MAPLE STREET T UE ADAAVENUE EN AV RD E FO F IF NU RT SO VE HA TH PH NA ST IA O G RE KE ST US ET RE M HOUSTON AVENUE ET UE EN E AV U NA AM EN DIA BR AV S ISABELLAAVENUE IX OS N TH ER IA MUSKEGON T S ST ES TR T RE WILLIAMS STREE E W ET E T MONROE AVENUE E PI NU NE E SP AV ST R IN E BREWING AR RE W G SE LA DE ET ST VE E. AV NT RE H AY CATHERINE AVENUE ET PECKST. CL ST RE ET KENNETH STREET COMPANY HOLT STREET UE MERRILLAVENU E EN AV WOOD STREET E E N U NA E U E IO E IG NU SANFORD STREET EN V E A AV AV HT E N O H ER O N R ST ST ST UE O EN EB U M RE W O AV H TE ET McLAUGHLIN AVEN RN UE RR TE AC ES UE W E EN AV STR F IF LA T EL TH EE N IN U E EE AB IS T EN TR ST TH UE LS AV RE EN IL ST V E R ET NA O ER RE R GO N RA O M EV ET KE M STRONGAVENUE AN WESTERN AVE. ST NS US le's ON M AV OM EN EL UE EV AV CATAWBAAVENUE UE EN EN EN UE AV UE ET EN HI TH E LL RE AV Co IN AV ST ER N ST E EN S H LI NU UE IX N AT GH RE E O C AU TH AV AS M cL ET N M S AR TO TR US TH HO E CA E UR TA T W BA ET ST AV RE DIVISION STREET EN RE UE ST ET MICHIGANAVENUE LT T HO E E NIM NU RE S E ST TREET AV FRANKLIN STREET ST NG ET E . RO RO RE HENRYSTREET ON ST ST BARCLAY ST. M PARK S BENTON AVENU H E ET HUDSON ST. MORRALL AVENUE NN UE KE EN E AV SE N U BA UE W EN VE VE TA AV CA N SA R TH UE PU BA ST AM R C EE WASHINGTON AVENUE T ET WASHINGTON AVENUE RE ST IRWIN AVENUE AU RN WASHINGTON A IRWIN AVENUE VENUE HA LO UIS ST RE ET W ES HIG T H GRANDAVENUE SO ST UT HU HE GRANDAVENUE GO RN AV AV E. TREET EN UE GRANDAVENUE T Page 62 of 124 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: January 9, 2024 Title: Amendment to the zoning ordinance - residential units in previously existing commercial buildings Submitted by: Mike Franzak, Planning Director Department: Planning Brief Summary: Staff initiated request to amend Section 401 of the zoning ordinance to allow multi-family residential units in previously existing commercial buildings not already converted to residential in single-family zoning districts, as a special use permitted. Detailed Summary & Background: The Planning Commission unanimously recommended approval of the request at their December meeting. Goal/Focus Area/Action Item Addressed: Key Focus Areas: Diverse housing types Goal/Action Item: Action Item 2022 – 2.3 Increase variety of housing types Amount Requested: Budgeted Item: N/A Yes No N/A Fund(s) or Account(s): Budget Amendment Needed: N/A Yes No N/A Recommended Motion: To approve the request to amend Section 401 of the zoning ordinance to allow multi-family residential units in previously existing commercial buildings not already converted to residential in single-family residential districts, as a special use permitted. Approvals: Guest(s) Invited / Presenting: Immediate Division Head No Information Technology Other Division Heads Communication Legal Review Page 63 of 124 Planning Commission Packet Excerpt Hearing, Case 2023-34: Staff initiated request to amend Section 401 of the zoning ordinance to allow multi- family residential units in previously existing commercial buildings not already converted to residential, as a special use permitted. SUMMARY 1. Many neighborhoods, especially those in close proximity to downtown, have small commercial buildings located within residential blocks. These may be retail buildings or small mixed-use buildings, but are often times zoned for single-family residential. There is a clause in the zoning ordinance that allows certain business uses in these buildings with the issuance of a special use permit. 2. Most of these buildings were constructed when commercial businesses were more popular within neighborhoods. Residents still request for a return of these commercial businesses, but the establishment of large business corridors and internet commerce make it difficult to find success at these locations. The current housing crisis also suggests that there may better uses for these existing assets. In the recent past, the Planning Commission has allowed for additional residential units at these buildings with the issuance of a special use permit. This ordinance amendment request would codify standards to approve such requests. 3. Ultimately, staff encourages these types of buildings zoned Form Based Code, which would allow flexibility for multi-family housing and small commercial businesses as a use by right. However, if these neighborhoods are going to continue to be zoned for single family housing, we must amend the zoning ordinance to allow for flexibility of uses at these types of buildings. Former commercial buildings on Beidler St in the Nims Neighborhood. Page 64 of 124 Zoning Ordinance Excerpt Special Uses Permitted in Single-Family Residential Districts: Proposed Amendment Addition of 6.b.1-3 6.b Multi-family housing with the following conditions: 1) Minimum unit sizes must be met. 2) No more than six residential units total (in addition to a single commercial unit). 3) There must be at least one parking space per unit on site. This requirement may be waived with the establishment of a shared parking agreement within 1,000 feet of the property or if the applicant can demonstrate an over capacity of street parking within 1,000 feet of the property. Page 65 of 124 Special Use Permit Requirements In addition to any extra standards required for a special use permit, they all must meet the following standards listed below: Page 66 of 124 CITY OF MUSKEGON MUSKEGON COUNTY, MICHIGAN ORDINANCE NO._____ An ordinance to amend Section 401 of the zoning ordinance to allow multi-family residential units in previously existing commercial buildings not already converted to residential, as a special use permitted. THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS: Section 401 of the zoning ordinance is amended as proposed to modify the regulations on previously existing commercial buildings. This ordinance adopted: Ayes:______________________________________________________________ Nayes:_____________________________________________________________ Adoption Date: Effective Date: First Reading: Second Reading: CITY OF MUSKEGON By: _________________________________ Ann Meisch, MMC, City Clerk Page 67 of 124 CERTIFICATE The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County, Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the 9th day of January 2024, at which meeting a quorum was present and remained throughout, and that the original of said ordinance is on file in the records of the City of Muskegon. I further certify that the meeting was conducted and public notice was given pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of Michigan No. 33 of 2006, and that minutes were kept and will be or have been made available as required thereby. DATED: ___________________, 2023. __________________________________________ Ann Meisch, MMC Clerk, City of Muskegon Publish: Notice of Adoption to be published once within ten (10) days of final adoption. Page 68 of 124 CITY OF MUSKEGON NOTICE OF ADOPTION Please take notice that on January 9, 2023, the City Commission of the City of Muskegon adopted an ordinance to amend the form based code section of the ordinance regarding signage. Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours. This ordinance amendment is effective ten days from the date of this publication. Published ____________________, 2024. CITY OF MUSKEGON By _________________________________ Ann Meisch, MMC City Clerk --------------------------------------------------------------------------------------------------------------------- PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE. Account No. 101-80400-5354 Page 69 of 124 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: January 9, 2024 Title: Placement of Public Benches Submitted by: Ann Meisch, City Clerk Department: City Clerk Brief Summary: Tony Asmus recently purchased the agreement for the placement of the public benches from Howell Sign Co. LLC. Staff has been working with the new owner and is recommending approval of the new agreement. Detailed Summary & Background: The agreement would be for five years, and the cost would be $6 per month per bench. Currently, there are 40 benches. Staff could work with the owner on the location and the number of benches allowed. Goal/Focus Area/Action Item Addressed: Key Focus Areas: Goal/Action Item: Action Item 2022 – 4.2 Take advantage of external revenue sources Amount Requested: Budgeted Item: Yes No N/A x Fund(s) or Account(s): Budget Amendment Needed: Yes No N/A x Recommended Motion: Staff recommends to approve the request. Approvals: Guest(s) Invited / Presenting: Immediate Division x Head No Information Technology Other Division Heads x Communication Legal Review Page 70 of 124 Page 71 of 124 Page 72 of 124 Page 73 of 124 Page 74 of 124 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: January 9, 2024 Title: Filter Plant Tower Lease Changes Submitted by: Dan VanderHeide, Public Works Department: Public Works Director Brief Summary: Staff requests authorization to enter into a lease with “Muskegon Cellular Partnership By: Cellco Partnership d/b/a Verizon Wireless” to grant Verizon space on the City’s cellular tower at the water filtration plant. Detailed Summary & Background: In early 2021 Commission authorized the construction of a cellular communications tower at the water filtration plant in the hope of spurring cellular companies to provide better service in the extreme western part of the City, including the beach. Since that time, staff has been working with Maralat Communications to entice a cellular provider to locate on the tower. In late September of last year, the Commission approved a lease agreement for the antenna. Since then, Verizon has proposed new lease terms. The changes include: • A reduction in monthly rent from $3,500 to $2,750. • An extension of the first term from 5 years to 10 years, which brings the total term, including extensions, to 30 years from 25 years. • The addition of a penalty if Verizon cancels during the first 10-year term, the penalty being one year's full rent. • The other terms, including the 2% annual escalator, remain unchanged. While the net income to the water fund is slightly reduced ($1,345,273 previously, now $1,338,747 for a reduction of $6,526), the total term of the agreement is extended and the income from the first 10-year term is more secure. The need for service in this part of the community is still high, so staff recommends approval of the revised agreement. Goal/Focus Area/Action Item Addressed: Key Focus Areas: Sustainability in financial practices and infrastructure Goal/Action Item: Amount Requested: Budgeted Item: Yes No N/A X Fund(s) or Account(s): Budget Amendment Needed: Yes No N/A X Recommended Motion: Page 75 of 124 I move approval of the presented lease with Muskegon Cellular Partnership by: Cellco Partnership d/b/a Verizon Wireless, and authorize the Mayor to sign. Approvals: Guest(s) Invited / Presenting: Immediate Division X Head No Information Technology Other Division Heads Communication Legal Review X Page 76 of 124 Lessee Site: 744 Muskegon State Park Lessee Site ID: 309967 / 5000049627 Draft Date: 1/3/2024 TOWER LEASE AGREEMENT This Tower Lease Agreement (the "Agreement") is made this day of , 20__, between City of Muskegon, with its principal offices located at 933 Terrace Street, Muskegon, Michigan 49440 (“LESSOR”) and Muskegon Cellular Partnership By: Cellco Partnership d/b/a Verizon Wireless, its Managing Partner with its principal offices at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 (telephone number 866-862-4404) (“LESSEE”). LESSOR and LESSEE are at times collectively referred to hereinafter as the "Parties" or individually as the "Party." WITNESSETH In consideration of the mutual covenants contained herein and intending to be legally bound hereby, the Parties hereto agree as follows: 1. GRANT. LESSOR hereby leases LESSEE space in and/or upon that certain tower structure owned, leased or controlled by LESSOR (“Tower”) together with a portion of a parcel of land sufficient for the installation of LESSEE's equipment building (the “Land Space”) to install, maintain, upgrade, replace and operate communications equipment (“Use”) at the property located at 1900 Beach Street, Muskegon, Michigan 49441 (“Property”) which is more particularly described in Exhibit “A” attached hereto and incorporated hereby. The portions of the Tower occupied by LESSEE is hereinafter referred to as the Tower Space, which shall consist of all of the area on the Tower between the top and bottom of the centerline of LESSEE’s equipment on the Tower. (For example, if LESSEE’s equipment occupies ten (10) feet space on the Tower, with an equipment centerline of One Hundred Ninety (190) feet, LESSEE would be entitled to occupy any space on the Tower between the elevations of One Hundred Eighty Four (184) and One Hundred Ninety Five (195) feet above ground level.) The Tower Space and Land Space are collectively hereinafter referred to as the “Premises”. Notwithstanding anything to the contrary, the Premises shall also include such additional space necessary for the installation, operation and maintenance of wires, cables, conduits and pipes running between and among the various portions of the Premises and to all necessary electrical, telephone, fiber and other similar support services located within the Property or the nearest public right of way. All new installations of equipment and services by LESSEE at the Premises shall require prior notice and approval by LESSOR and LESSOR’s inspections department which approvals shall not be unreasonably withheld or delayed. In the event it is necessary, LESSOR agrees to grant LESSEE the right to install such services on, through, over and/or under the Property, provided the location of such services shall be approved by LESSOR. The Premises are shown in detail on Exhibit “B” attached hereto and made a part hereof. 2. INITIAL TERM. This Agreement shall be effective as of the date of execution by both Parties (“Effective Date”). The initial term of the Agreement shall be for 10 years beginning on the first day of the month after LESSEE begins installation of LESSEE’s communications equipment (the “Commencement Date”), which Commencement Date shall in no event be later than the date that is 90 days following the full execution of this Agreement. The Commencement Date will be acknowledged by the Parties in writing, including electronic mail. 3. EXTENSIONS. So long as Lessee is not in default and all rents are current, this Agreement shall automatically be extended for 4 additional 5-year terms unless LESSEE terminates it at the end of the then current term by giving LESSOR written notice of the intent to terminate at least 3 months prior to 1 Page 77 of 124 Lessee Site: 744 Muskegon State Park Lessee Site ID: 309967 / 5000049627 Draft Date: 1/3/2024 the end of the then current term. If Lessee terminates the Agreement at any time during the first ten (10) year term, a one-time payment equal to one year’s rent at the then current rental rate is due to Lessor, payable within 90 days of the termination notice. The initial term and all extensions shall be collectively referred to herein as the “Term”. 4. RENTAL. a. Rental payments shall begin on the Commencement Date and be due at a total annual rental of Thirty Three Thousand Dollars ($33,000), to be paid in equal monthly installments on the first day of the month, in advance, to LESSOR at 933 Terrace Street, Muskegon, Michigan 49440 or to such other person, firm, or place as LESSOR may, from time to time, designate in writing at least 30 days in advance of any rental payment date by notice given in accordance with Paragraph 21 below. Rental payments shall increase by two percent (2%) per year during the first ten-year term and all extensions of this Agreement, which initial increase shall begin on the first anniversary of the Commencement Date. LESSOR and LESSEE acknowledge and agree that the initial rental payment shall not be delivered by LESSEE until 45 days after the Commencement Date. Upon agreement of the Parties, LESSEE may pay rent by electronic funds transfer and in such event, LESSOR agrees to provide to LESSEE bank routing information for such purpose upon request of Lessee. b. For any party to whom rental payments are to be made, LESSOR or any successor in interest of LESSOR hereby agrees to provide to LESSEE (i) a completed, current version of Internal Revenue Service Form W-9, or equivalent; (ii) complete and fully executed state and local withholding forms if required; (iii) LESSEE’s payment direction form, and (iv) other documentation to verify LESSOR’s or such other party’s right to receive rental as is reasonably requested by LESSEE. Rental shall accrue in accordance with this Agreement, but LESSEE shall have no obligation to deliver rental payments until the requested documentation has been received by LESSEE. Upon receipt of the requested documentation, LESSEE shall deliver the accrued rental payments as directed by LESSOR. 5. ACCESS; EXISTING WATER MAINS. LESSEE shall have the non-exclusive revocable license for ingress and egress from a public right-of-way, 7 days a week, 24 hours a day (and agrees to provide LESSOR with reasonable advance notice of any planned activities, over the Property to and from the Premises as reasonably necessary for the purpose of installation, operation and maintenance of LESSEE’s communications equipment. LESSEE acknowledges and agrees that LESSEE shall be solely responsible for preventing access to the Property by unauthorized persons associated with Lessee and for properly securing the Property while present on the Premises and upon departure at all time during which LESSEE, LESSEE’s employees, contractors, subcontractors, agents, or assigns shall be on the Premises. In no event shall LESSEE use or access any portion of the Property other than the Premises, as shown on the plans and Exhibits attached to this Agreement, except for ingress and egress to the Premises or as otherwise allowed in this Agreement. LESSEE acknowledges that two separate water mains are located on or near the Property. LESSEE understands that LESSOR may have to interrupt LESSEE’s Use of the Property from time to time to service, maintain, or repair the water mains. Accordingly, LESSOR reserves the right at all time during this Agreement to take any action it deems necessary in its sole discretion to repair, maintain, alter, or improve the Property and shall not be liable to LESSEE for any temporary interference with LESSEE’s Use as a result of actions necessary to carry out any such activities. Notwithstanding the foregoing, LESSOR agrees to provide LESSEE with reasonable advance notice of any planned activities, emergencies excepted, and to 2 Page 78 of 124 Lessee Site: 744 Muskegon State Park Lessee Site ID: 309967 / 5000049627 Draft Date: 1/3/2024 carry out such activities in a manner to minimize interruptions with LESSEE’s Use and provide alternate continuous access. 6. CONDITION OF PROPERTY. LESSOR shall deliver the Premises to LESSEE in a condition ready for LESSEE’s Use and clean and free of debris. To the best of LESSOR’s knowledge, LESSOR represents and warrants to LESSEE that as of the Effective Date, the Tower and Land Space are (a) in good operating condition; (b) in compliance with all Laws; and (c) in compliance with all EH&S Laws (as defined in Paragraph 25). 7. ELECTRICAL. a. If permitted by the local utility company serving the Premises, LESSEE, at LESSEE’s sole cost and expenses, shall furnish and install an electrical meter at the Premises for the measurement of electrical power used by LESSEE at the Premises and LESSEE shall pay the utility company directly providing that the City assigns Lessee an independent street address. b. If an electrical meter is not permitted, then LESSEE, at LESSEE’s sole cost and expense, may furnish and install an electrical sub-meter at the Premises for the measurement of electrical power used by LESSEE at the Premises and shall pay the utility company directly if permitted by the utility company and in the alternative shall be invoiced by Lessor to Lessee. c. In the event a sub-meter is installed and the utility company will not permit LESSEE to pay the utility company directly, then the LESSOR shall read LESSEE’s sub-meter on a monthly basis and provide LESSEE with an invoice for LESSEE’s power consumption on an annual basis. Each invoice shall reflect charges only for LESSEE’s power consumption based on the average kilowatt hour rate actually paid by LESSOR to the utility, without markup or profit. d. All invoices for power consumption shall be sent by LESSOR to LESSEE at Verizon Wireless, M/S 3846, P.O. Box 2375, Spokane, WA 99210-2375, and shall be provided to LESSEE within 90 days following the conclusion of each calendar year. Upon written request from LESSEE, LESSOR shall provide copies of electricity bills received by LESSOR during any period that LESSOR submits invoices to LESSEE for reimbursement and for that same period LESSOR shall provide documentation of the sub- meter readings applicable to such periods. LESSEE shall pay each invoice within 45 calendar days after receipt of the invoice from LESSOR. e. LESSEE shall be permitted to install, maintain and/or provide access to and use of, as necessary (during any power interruption at the Premises), a temporary power source, and all related equipment and appurtenances within the Premises, or elsewhere on the Property in such locations as reasonably approved by LESSOR. LESSEE shall have the right to install conduits connecting the temporary power source and related appurtenances to the Premises. 8. IMPROVEMENTS. The communications equipment upgrades and new installations including, without limitation, antennas, conduits, and other improvements shall be at LESSEE’s expense and installation shall be at the discretion and option of LESSEE. LESSEE shall have the right to replace, repair, add to or otherwise modify its communications equipment, antennas, conduits or other improvements or any portion thereof and the frequencies over which the communications equipment operates, at no additional cost, whether or not any of the communications equipment, antennas, conduits or other improvements are listed on any exhibit. LESSOR shall respond in writing to any LESSEE consent request within 60 days of receipt or LESSOR’s consent shall be deemed granted, provided, any increase to 3 Page 79 of 124 Lessee Site: 744 Muskegon State Park Lessee Site ID: 309967 / 5000049627 Draft Date: 1/3/2024 the Premises shall be memorialized by the Parties in writing. LESSOR is not entitled to a rent increase associated with any LESSEE modification unless it is expanding the Premises area. In such event, any rent increase shall be proportionate to the additional area included in the Premises description. 9. GOVERNMENT APPROVALS. LESSEE’s Use is contingent upon LESSEE obtaining all of the certificates, permits and other approvals, including, but not limited to, approval in connection with the Critical Dune Area (CDA) as regulated by the Michigan Department of Environment, Great Lakes, and Energy (collectively the “Government Approvals”) that may be required by any Federal, State or Local authorities (collectively, the “Government Entities”) as well as a satisfactory structural analysis of the Tower or other structure that will permit LESSEE’s Use. LESSOR shall cooperate with LESSEE in its effort to obtain and maintain any Government Approvals; provided, however, LESSOR assumes no responsibility for obtaining the required Government Approvals. Further, LESSEE shall be solely responsible for the costs and expenses incurred in connection with obtaining such Government Approvals and/or any fines or penalties incurred for the failure to obtain such Government Approvals. Notwithstanding anything contained herein to the contrary, LESSOR hereby agrees to allow LESSEE to install any RF frequency signage and/or barricades as are necessary to ensure LESSEE’s compliance with Laws. In the event that any necessary permit or approval is rejected, withdrawn, or terminated by any Government Entities so that LESSEE shall be unable to lawfully occupy and use the Premises for the intended use, either party shall have the right to terminate this Agreement on three (3) days’ written notice to the other, which notice shall be sent by certified mail, return receipt requested. Upon the termination of this Agreement in accordance with this Paragraph 9, this Agreement shall terminate and be of no further force or effect except that LESSEE shall be required to restore the Premises at its sole cost and expense to the condition it was in on the Effective Date. 10. TERMINATION. LESSEE may, unless otherwise stated, immediately terminate this Agreement upon written notice to LESSOR in the event that (i) any applications for such Government Approvals should be finally rejected; (ii) any Government Approval issued to LESSEE is canceled, expires, lapses or is otherwise withdrawn or terminated by any Government Entity; (iii) LESSEE determines that such Government Approvals may not be obtained in a timely manner; (iv) LESSEE determines any structural analysis is unsatisfactory; (v) LESSEE, in its sole discretion, determines the Use of the Premises is obsolete or unnecessary; (vi) with 3 months prior notice to LESSOR, upon the annual anniversary of the Commencement Date; or (vii) at any time before the Commencement Date for any reason or no reason in LESSEE’s sole discretion. LESSOR has the right to terminate this Agreement upon any of the following events: (i) if LESSOR determines that LESSEE’s Use of the Premises under this Agreement (including LESSEE’s operations of its communications equipment) is interfering with the rights of LESSOR or other tenants currently on the Property and that the issue cannot be remediated by LESSEE; (ii) if LESSEE is in default of the terms of this Agreement and the default has not been cured under Paragraph 23; or (iii) upon 2 years prior written notice to LESSEE at any time following the initial 10-year term of this Agreement if LESSOR determines that LESSEE’s USE of the Premises is no longer in the LESSOR’s best interest, in LESSOR’s sole discretion. 11. MAINTENANCE. LESSEE will maintain LESSEE’s communications equipment within the Premises in good condition, reasonable wear and tear and casualty damage excepted. LESSOR shall maintain, in good operating condition and repair, the Tower and the Property. 12. INDEMNIFICATION. LESSEE agrees to indemnify, defend and hold LESSOR harmless from and against any and all injury, loss, damage or liability, costs or expenses in connection with a third party 4 Page 80 of 124 Lessee Site: 744 Muskegon State Park Lessee Site ID: 309967 / 5000049627 Draft Date: 1/3/2024 claim (including reasonable attorneys’ fees and court costs) arising directly from the installation, use, maintenance, repair or removal of the electrical, telephone, fiber and other similar support services and communications equipment of LESSEE on the Property, or LESSEE, its employees, invitees, agents, or independent contractors breach of any provision of this Agreement, except to the extent attributable to the negligent or intentional act or omission of LESSOR, its employees, invitees, agents or independent contractors. 13. INSURANCE. Tenant agrees to maintain during the term of this Agreement the following insurance policies on the Premises and the Tower: a. Commercial general liability in the amount of $2,000,000.00 per occurrence for bodily injury and property damage and $4,000,000.00 in the annual aggregate. LESSEE shall name LESSOR as an additional insured on LESSEE’S commercial general liability insurance and shall provide LESSOR with a certificate of insurance certificate acceptable to LESSOR within five (5) days following the Effective Date. Tenant shall procure insurance on an occurrence basis from and against all customary insurable liabilities of LESSEE, its employees and agents arising out of or in connection with LESSEE’S use of the Property as provided for in this Agreement. LESSEE shall also maintain worker’s compensation insurance as required by applicable state law. All certificates of insurance shall provide that the coverage may not be canceled, nonrenewable, or otherwise materially changed without thirty (30) days’ prior written notice to LESSOR. b. “All-Risk” property insurance on a replacement cost basis insuring their respective property with no coinsurance requirement. Where legally permissible, each party agrees to waive subrogation against the other party and to ensure said waiver is recognized by the insurance policies insuring the property. 14. LIMITATION OF LIABILITY. Except for indemnification pursuant to Paragraphs 12 and 25, a violation of Paragraph 28, or a violation of Laws, neither Party shall be liable to the other, or any of their respective agents, representatives, employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise. 15. INTERFERENCE. a. LESSEE agrees that LESSEE will not cause interference that is measurable in accordance with industry standards to LESSOR’s equipment. LESSOR agrees that LESSOR and other occupants of the Property will not cause interference that is measurable in accordance with industry standards to the then existing equipment of LESSEE. b. Without limiting any other rights or remedies, if interference occurs and continues for a period in excess of 48 hours following notice to the interfering party via telephone to LESSEE’S Network Management Center (at (800) 264-6620) or to LESSOR at (_____________), the interfering party shall or shall require any other user to reduce power or cease operations of the interfering equipment until the interference is cured. c. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Paragraph and therefore the Parties shall have the right to equitable remedies such as, without limitation, injunctive relief and specific performance. 5 Page 81 of 124 Lessee Site: 744 Muskegon State Park Lessee Site ID: 309967 / 5000049627 Draft Date: 1/3/2024 d. LESSEE will not, nor will LESSEE permit its employees, tenants, licensees, invitees, agents, or independent contractors to interfere in any way with the operations of LESSOR or other tenants of the Property. All governmental uses, including later installed uses, shall have superior rights. Nothing in the section shall limit LESSOR or governmental uses. LESSEE shall ensure that neither LESSEE nor LESSEE’S equipment disturbs or interferes with any LESSOR operations at the Property at any time. 16. REMOVAL AT END OF TERM. Within 90 days of expiration or earlier termination of the Agreement, LESSEE, at LESSEE’S sole cost and expense, shall remove LESSEE’s Communications Equipment and restore the Premises to its original condition, reasonable wear and tear and casualty damage excepted. LESSOR agrees and acknowledges that the communications equipment shall remain the personal property of LESSEE and LESSEE shall have the right to remove the same at any time during the Term, whether or not said items are considered fixtures and attachments to real property under applicable laws. If such time for removal causes LESSEE to remain on the Premises after termination of the Agreement, LESSEE shall pay rent at the then existing monthly rate or on the existing monthly pro- rata basis if based upon a longer payment term, until the removal of the communications equipment is completed. 17. RIGHT OF FIRST REFUSAL. If at any time after the Effective Date, LESSOR receives an offer or letter of intent from any person or entity that is in the business of owning, managing or operating communications facilities or is in the business of acquiring landlord interests in agreements relating to communications facilities, to purchase fee title, an easement, a lease, a license, or any other interest in the Premises or any portion thereof or to acquire any interest in this Agreement, or an option for any of the foregoing, LESSOR shall provide written notice to LESSEE of said offer (“LESSOR’s Notice”). LESSOR’s Notice shall include the prospective buyer’s name, the purchase price being offered, any other consideration being offered, the other terms and conditions of the offer, a description of the portion of and interest in the Premises and/or this Agreement which will be conveyed in the proposed transaction, and a copy of any letters of intent or form agreements presented to LESSOR by the third party offeror. LESSEE shall have the right of first refusal to meet any bona fide offer of sale or transfer on the terms and conditions of such offer or by effectuating a transaction with substantially equivalent financial terms. If LESSEE fails to provide written notice to LESSOR that LESSEE intends to meet such bona fide offer no later than 30 days after receipt of LESSOR’s Notice or the expiration date of the prospective purchaser’s offer, whichever is earlier, LESSOR may proceed with the proposed transaction in accordance with the terms and conditions of such third party offer, in which event this Agreement shall continue in full force and effect and the right of first refusal described in this paragraph shall survive any such conveyance to a third party. Further, LESSOR acknowledges and agrees that if LESSEE exercises this right of first refusal, LESSEE may require a reasonable period of time to conduct due diligence and effectuate the closing of a transaction on substantially equivalent financial terms of the third party offer. LESSEE may elect to amend this Agreement to effectuate the proposed financial terms of the third party offer rather than acquiring fee simple title or an easement interest in the Premises. 18. RIGHTS UPON SALE. Should LESSOR, at any time during the Term, decide (i) to sell or otherwise transfer all or any part of the Property, or (ii) to grant to a third party by easement or other legal instrument an interest in and to any portion of the Premises, such sale, transfer, or grant of an easement or interest therein shall be under and subject to this Agreement and any such purchaser or transferee shall recognize LESSEE's rights hereunder. In the event that LESSOR completes any such sale, transfer, or grant described in this paragraph without executing an assignment of the Agreement whereby the third party agrees in writing to assume all obligations of LESSOR under this Agreement, then LESSOR 6 Page 82 of 124 Lessee Site: 744 Muskegon State Park Lessee Site ID: 309967 / 5000049627 Draft Date: 1/3/2024 shall not be released from its obligations to LESSEE under this Agreement, and LESSEE shall have the right to look to LESSOR and the third party for the full performance of the Agreement. 19. LESSOR’S TITLE. LESSOR covenants that LESSEE, on paying the rent and performing the covenants herein, shall peaceably and quietly have, hold and enjoy the Premises. LESSOR represents and warrants to LESSEE as of the Effective Date and covenants during the Term that LESSOR has full authority to enter into and execute this Agreement and that, to the knowledge of LESSOR, there are no liens, judgments, covenants, easements, restrictions or other impediments of title that will adversely affect LESSEE’s Use. 20. ASSIGNMENT. This Agreement may not be assigned or subleased without the prior written consent of LESSOR, which consent may be withheld for any reason or no reason in LESSOR’s sole discretion. Notwithstanding the foregoing, this Agreement may be assigned without LESSOR consent to an entity that controls, is controlled by, or is under the common control of LESSEE, or to any entity resulting from any merger or consolidation with LESSEE, or to any partner of LESSEE, provided that LESSEE shall indemnify and hold LESSOR harmless as provided in Paragraph 12. Notwithstanding anything contained herein to the contrary, LESSEE acknowledges and agrees that any permitted assignee or subtenant shall be required to comply with all applicable laws including all licensing and/or permitting requirements imposed by all governmental entities having jurisdiction over the Premises. 21. NOTICE. Except for notices permitted via telephone in accordance with Paragraph 15 and notices permitted via electronic mail in accordance with Paragraph 2, all notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows (or any other address that the Party to be notified may have designated to the sender by like notice): LESSOR: City of Muskegon 933 Terrace Street Muskegon, Michigan 49440 Attn: Dave Baker LESSEE: Muskegon Cellular Partnership By: Cellco Partnership d/b/a Verizon Wireless, its Managing Partner 180 Washington Valley Road Bedminster, New Jersey 07921 Attention: Network Real Estate Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. 22. SUBORDINATION AND NON-DISTURBANCE. This Agreement is subordinate to all deeds of trust, mortgages, and ground leases now or hereafter encumbering the Premises or Landlord’s interest therein. 7 Page 83 of 124 Lessee Site: 744 Muskegon State Park Lessee Site ID: 309967 / 5000049627 Draft Date: 1/3/2024 23. DEFAULT. It is a “Default” if (i) either Party fails to comply with this Agreement and does not remedy the failure within 30 days after written notice by the other Party or, if the failure cannot reasonably be remedied in such time, if the failing Party does not commence a remedy within the allotted 30 days and diligently pursue the cure to completion within 90 days after the initial written notice, (ii) LESSOR fails to comply with this Agreement and the failure interferes with LESSEE’s Use and LESSOR does not remedy the failure within 5 days after written notice from LESSEE or, if the failure cannot reasonably be remedied in such time, if LESSOR does not commence a remedy within the allotted 5 days and diligently pursue the cure to completion within 15 days after the initial written notice; (iii) LESSEE fails to pay any rent or other sums due under this Agreement within 10 days of the date the same is due and owing; (iv) if LESSEE fails to provide any certificate of insurance required under this Agreement within five (5) days of the date the same is due and owing or to provide an estoppel when due; (v) if LESSEE fails to perform or observe any agreement or condition of which it is required to perform or observe under this Agreement (vi) if LESSEE becomes insolvent or if any bankruptcy, insolvency, or reorganization proceeding is commenced by or against LESSEE; or (vii) if LESSEE ceases operations from the Premises for a period of two (2) months unless otherwise agreed to between LESSOR or LESSEE or as may otherwise be required by this Agreement. The cure periods set forth in this Paragraph 23 do not extend the period of time in which either Party has to cure interference pursuant to Paragraph 15 of this Agreement. In the event of any default by LESSEE under this Agreement that shall continue beyond any applicable notice and cure period, LESSOR may, at its option, terminate this Agreement by 30 days’ prior written notice to LESSEE. LESSOR shall have the right to recover all expenses incurred by LESSOR as a result of a LESSEE default, including reasonable attorneys’ fees, regardless of whether a lawsuit is commenced and/or litigated. 24. REMEDIES. In the event of a Default, without limiting the non-defaulting Party in the exercise of any right or remedy which the non-defaulting Party may have by reason of such default, the non-defaulting Party may terminate this Agreement and/or pursue any remedy now or hereafter available to the non-defaulting Party under the Laws or judicial decisions of the state in which the Property is located. 25. ENVIRONMENTAL. LESSEE shall conduct its business in compliance with all applicable laws governing the protection of the environment or employee health and safety (“EH&S Laws”). LESSEE shall indemnify and hold harmless the LESSOR from claims to the extent resulting from LESSEE’s violation of any applicable EH&S Laws or to the extent that LESSEE causes a release of any regulated substance to the environment. The Parties recognize that LESSEE is only leasing a small portion of LESSOR’s property and that LESSEE shall not be responsible for any environmental condition or issue except to the extent resulting from LESSEE’s specific activities and responsibilities. In the event that LESSEE encounters any hazardous substances that do not result from its activities, LESSEE may relocate its facilities to avoid such hazardous substances to a mutually agreeable location. 26. CASUALTY. If a fire or other casualty damages the Property or the Premises and impairs LESSEE’s Use, rent shall abate until LESSEE’S Use is restored. If LESSEE’s Use is not restored within 45 days, LESSEE may terminate this Agreement. 27. CONDEMNATION. If a condemnation of any portion of the Property or Premises impairs LESSEE’s Use, Lessee may terminate this Agreement. LESSEE may on its own behalf make a claim in any condemnation proceeding involving the Premises for losses related to LESSEE’s communications equipment, relocation costs and, specifically excluding loss of LESSEE’s leasehold interest, any other damages LESSEE may incur as a result of any such condemnation. 8 Page 84 of 124 Lessee Site: 744 Muskegon State Park Lessee Site ID: 309967 / 5000049627 Draft Date: 1/3/2024 28. APPLICABLE LAWS. During the Term, LESSOR shall maintain the Property in compliance with all applicable laws, EH&S Laws, rules, regulations, ordinances, directives, covenants, easements, consent decrees, zoning and land use regulations, and restrictions of record, permits, building codes, and the requirements of any applicable fire insurance underwriter or rating bureau, now in effect or which may hereafter come into effect (including, without limitation, the Americans with Disabilities Act and laws regulating hazardous substances) (collectively “Laws”). LESSEE shall, in respect to the condition of the Premises and at LESSEE’s sole cost and expense, comply with (i) all Laws relating solely to LESSEE’s specific and unique nature of use of the Premises; and (ii) all building codes requiring modifications to the Premises due to the improvements being made by LESSEE in the Premises. It shall be LESSOR’s obligation to comply with all Laws relating to the Property, without regard to specific use (including, without limitation, modifications required to enable LESSEE to obtain all necessary building permits). 29. TAXES. If LESSOR is required by law to collect any federal, state, or local tax, fee, or other governmental imposition (each, a “Tax”) from LESSEE with respect to the transactions contemplated by this Agreement, then LESSOR shall bill such Tax to LESSEE in the manner and for the amount required by law, LESSEE shall promptly pay such billed amount of Tax to LESSOR, and LESSOR shall remit such Tax to the appropriate tax authorities as required by law; provided, however, that LESSOR shall not bill to or otherwise attempt to collect from LESSEE any Tax with respect to which LESSEE has provided LESSOR with an exemption certificate or other reasonable basis for relieving LESSOR of its responsibility to collect such tax from LESSEE. Except as provided in this Paragraph 29, LESSOR shall bear the costs of all Taxes that are assessed against or are otherwise the legal responsibility of LESSOR with respect to itself, its property, and the transactions contemplated by this Agreement. LESSEE shall be responsible for all Taxes that are assessed against or are otherwise the legal responsibility of LESSEE with respect to itself, its property, and the transactions contemplated by this Agreement. 30. NON-DISCLOSURE. The Parties agree that this Agreement and any information exchanged between the Parties regarding the Agreement are confidential. The Parties agree not to provide copies of this Agreement or any other confidential information to any third party without the prior written consent of the other or as required by law. If a disclosure is required by law, prior to disclosure, the Party shall notify the other Party and cooperate to take lawful steps to resist, narrow, or eliminate the need for that disclosure. 31. MISCELLANEOUS. This Agreement contains all agreements, promises and understandings between the LESSOR and the LESSEE regarding this transaction, and no oral agreement, promises or understandings shall be binding upon either the LESSOR or the LESSEE in any dispute, controversy or proceeding. This Agreement may not be amended or varied except in a writing signed by all Parties. This Agreement shall extend to and bind the heirs, personal representatives, successors and assigns hereto. The failure of either party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights hereunder shall not waive such rights and such party shall have the right to enforce such rights at any time. The performance of this Agreement shall be governed, interpreted, construed and regulated by the laws of the state in which the Premises is located without reference to its choice of law rules. Except as expressly set forth in this Agreement, nothing in this Agreement shall grant, suggest or imply any authority for one Party to use the name, trademarks, service marks or trade names of the other for any purpose whatsoever. LESSOR agrees to execute a Memorandum of this Agreement, which LESSEE may record with the appropriate recording officer. The provisions of the Agreement relating to indemnification from one Party to the other Party shall survive any termination or expiration of this Agreement. This Agreement may be executed in counterparts, 9 Page 85 of 124 Lessee Site: 744 Muskegon State Park Lessee Site ID: 309967 / 5000049627 Draft Date: 1/3/2024 including written and electronic forms. All executed counterparts shall constitute one Agreement, and each counterpart shall be deemed an original. IN WITNESS WHEREOF, this Agreement is entered into by the Parties as of the Effective Date. LESSOR: City of Muskegon By: Name: _________________________________ Its: ____________________________________ Date: __________________________________ LESSEE: Muskegon Cellular Partnership By: Cellco Partnership d/b/a Verizon Wireless, its Managing Partner By: Name: _________________________________ Its: ____________________________________ Date: __________________________________ 10 Page 86 of 124 Lessee Site: 744 Muskegon State Park Lessee Site ID: 309967 / 5000049627 Draft Date: 1/3/2024 EXHIBIT "A" PROPERTY DESCRIPTION 11 Page 87 of 124 Lessee Site: 744 Muskegon State Park Lessee Site ID: 309967 / 5000049627 Draft Date: 1/3/2024 EXHIBIT "B" PREMISES DESCRIPTION 12 Page 88 of 124 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: January 9, 2024 Title: Amendment to the Sign Ordinance Submitted by: Mike Franzak, Planning Director Department: Planning Brief Summary: Staff initiated request to amend the form based code section of the zoning ordinance to modify the regulations on projecting signs downtown. Detailed Summary & Background: The Planning Commission unanimously recommended approval of the amendment by a 6-0 vote. Goal/Focus Area/Action Item Addressed: Key Focus Areas: Diverse houseing types Goal/Action Item: Action Item 2022 – 2.3 Increase variety of housing types Amount Requested: Budgeted Item: N/A Yes No N/A x Fund(s) or Account(s): Budget Amendment Needed: N/A Yes No N/A x Recommended Motion: To approve the request to modify the regulations on projecting signs downtown as presented. Approvals: Guest(s) Invited / Presenting: Immediate Division x Head No Information Technology Other Division Heads x Communication Legal Review Page 89 of 124 Planning Commission Packet Excerpt – November 16, 2023 Hearing, Case 2023-32: Staff initiated request to amend the form based code section of the zoning ordinance to revise the signage types and requirements. SUMMARY 1. Please see the zoning ordinance excerpt regarding projecting signs on the following page. 2. Projecting signs may only be up to 12 sf in size. However, the Planning Commission has granted departures for some larger projecting signs (see below for examples). 3. Staff is proposing to permit these larger signs if they reference the name of the building, and not an individual business. If a business were to close, it may not be feasible for a new business to utilize such a large sign frame, which would lead to blight issues from the vacant sign frame. 4. These larger projecting signs would only be allowed in the Downtown and Mainstreet context areas. They could be up to four feet wide and extend up to five feet away from the building. Examples of small projecting signs downtown Examples of large projecting signs downtown Page 90 of 124 Zoning Ordinance Excerpt Page 91 of 124 Proposed Amendments (1A & 1 B have been modified along with Section 2009.13) Section 2009.13 Page 92 of 124 CITY OF MUSKEGON MUSKEGON COUNTY, MICHIGAN ORDINANCE NO._____ An ordinance to amend the form based code section of the zoning ordinance to the regulations on projecting signs. THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS: The form based code section of the zoning ordinance is amended as proposed to modify the regulations on projecting signs. This ordinance adopted: Ayes:______________________________________________________________ Nayes:_____________________________________________________________ Adoption Date: Effective Date: First Reading: Second Reading: CITY OF MUSKEGON By: _________________________________ Ann Meisch, MMC, City Clerk Page 93 of 124 CERTIFICATE The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County, Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the 9th day of January 2024, at which meeting a quorum was present and remained throughout, and that the original of said ordinance is on file in the records of the City of Muskegon. I further certify that the meeting was conducted and public notice was given pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of Michigan No. 33 of 2006, and that minutes were kept and will be or have been made available as required thereby. DATED: ___________________, 2023. __________________________________________ Ann Meisch, MMC Clerk, City of Muskegon Publish: Notice of Adoption to be published once within ten (10) days of final adoption. Page 94 of 124 CITY OF MUSKEGON NOTICE OF ADOPTION Please take notice that on January 9, 2024, the City Commission of the City of Muskegon adopted an ordinance to amend the form based code section of the ordinance regarding signage. Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours. This ordinance amendment is effective ten days from the date of this publication. Published ____________________, 2023. CITY OF MUSKEGON By _________________________________ Ann Meisch, MMC City Clerk --------------------------------------------------------------------------------------------------------------------- PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE. Account No. 101-80400-5354 Page 95 of 124 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: January 9, 2024 Title: Comcast Franchise Agreement Submitted by: Jonathan Seyferth, City Manager Department: Manager's Office Brief Summary: The City's cable TV franchise agreement with Comcast has expired and needs to be renewed. The City has 30 days from when Comcast submits the agreement for renewal to approve the replacement agreement. Staff is recommending a renewal of the franchise agreement without any changes to the fees collected by the city. The agreement is for ten (10) years. Detailed Summary & Background: Following legislation adopted by the State of Michigan in the mid-2000s, the negotiation of franchise agreements at the local level was largely standardized, and not much flexibility was left to the communities beyond setting the franchise fee. The City of Muskegon currently has a 5% franchise fee that is paid by Comcast customers and passed on to the City. These funds can be used at our discretion. The City is not recommending any changes to the franchise fee rate. It should also be noted the City could, but has historically elected not to, implement a Public Education Government (PEG) fee in addition to the franchise fee. PEG fees can only be used for the support of equipment for public access television. Goal/Focus Area/Action Item Addressed: Key Focus Areas: N/A - General Operations Goal/Action Item: Amount Requested: Budgeted Item: N/A Yes No N/A Fund(s) or Account(s): Budget Amendment Needed: General Revenue Yes No N/A Recommended Motion: I move to approve the Uniform Video Service Franchise Agreement with Comcast as presented. Approvals: Guest(s) Invited / Presenting: Immediate Division Head No Information Technology Other Division Heads Page 96 of 124 Communication Legal Review Page 97 of 124 Page 98 of 124 Page 99 of 124 Page 100 of 124 Page 101 of 124 Page 102 of 124 Page 103 of 124 5 Page 104 of 124 Page 105 of 124 D. The person producing the broadcast is solely responsible for all content provided over designated public, education, or government channels. The video service Provider shall not exercise any editorial control over any programming on any channel designed for public, education, or government use. E. The video service Provider is not subject to any civil or criminal liability for any program carried on any channel designated for public, education, or government use. F. If a Franchising Entity seeks to utilize capacity pursuant to Section 4(1) of the Act or an agreement under Section 13 of the Act to provide access to video programming over one or more PEG channels, the Franchising Entity shall give the Provider a written request specifying the number of channels in actual use on the incumbent video provider's system or specified in the agreement entered into under Section 13 of the Act. The video service Provider shall have 90 days to begin providing access as requested by the Franchising Entity. The number and designation of PEG access channels shall be set forth in an addendum to this agreement effective 90 days after the request is submitted by the Franchising Entity. G. A PEG channel shall only be used for noncommercial purposes. VIII. PEG Fees A. The video service Provider shall also pay to the Franchising Entity as support for the cost of PEG access facilities and services an annual fee equal to one of the following options: 1. If there is an existing Franchise on the effective date of the Act, the fee (enter the fee amount__) paid to the Franchising Entity by the incumbent video Provider with the largest number of cable service subscribers in the Franchising Entity as determined by the existing Franchise Agreement; 2. At the expiration of the existing Franchise Agreement, the amount required under (1) above, which is __% 0 of gross revenues. (The amount under (1) above is not to exceed 2% of gross revenues); 3. If there is no existing Franchise Agreement, a percentage of gross revenues as established by the Franchising Entity and to be determined by a community need assessment, is_------_% of gross revenues. (The percentage that is established by the Franchising Entity is not to exceed 2% of gross revenues.); and 4. An amount agreed to by the Franchising Entity and the video service Provider. B. The fee required by this section shall be applicable to all providers, pursuant to Section 6(9) of the Act. C. The fee shall be due on a quarterly basis and paid within 45 days after the close of the quarter. Each payment shall include a statement explaining the basis for the calculation of the fee. D. All determinations and computations made under this section shall be pursuant to generally accepted accounting principles. E. Any claims by a Franchising Entity that fees have not been paid as required under Section 6 of the Act, and any claims for refunds or other corrections to the remittance of the Provider shall be made within 3 years from the date the compensation is remitted. F. The Provider may identify and collect as a separate line item on the regular monthly bill of each subscriber an amount equal to the percentage established under Section 6(8) of the Act, applied against the amount of the subscriber's monthly bill. G. The Franchising Entity shall not demand any additional fees or charges from a Provider and shall not demand the use of any other calculation method other than allowed under the Act. IX. Audits A. No more than every 24 months, a Franchising Entity may perform reasonable audits of the video service Provider's calculation of the fees paid under Section 6 of the Act to the Franchising Entity during the preceding 24-month period only. All records reasonably necessary for the audits shall be made available by the Provider at the location where the records are kept in the ordinary course of business. The Franchising Entity and the video service Provider shall each be responsible for their respective costs of the audit. Any additional amount due verified by the Franchising Entity shall be paid by the Provider within 30 days of the Franchising Entity's submission of invoice for the sum. If the sum exceeds 5% of the total fees which the audit determines should have been paid for the 24-month period, the Provider shall pay the Franchising Entity's reasonable costs of the audit. B. Any claims by a Franchising Entity that fees have not been paid as required under Section 6 of the Act, and any claims for refunds or other corrections to the remittance of the provider shall be made within 3 years from the date the compensation is remitted. 6 UNIFORM VIDEO SERVICE LOCAL FRANCHISE AGREEMENT Page 106 of 124 Page 107 of 124 Page 108 of 124 Page 109 of 124 Page 110 of 124 Page 111 of 124 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: January 9, 2024 Title: City of Muskegon Code of Ethics Submitted by: Jonathan Seyferth, City Manager Department: Manager's Office Brief Summary: The City Commission had requested staff draft a code of Ethics. Upon investigation, it was discovered that more than 10 years ago the City Commission had adopted a Code of Ethics for the City. That Code is recommended to be readopted by each commission going forward. Detailed Summary & Background: This Code of Ethics was adopted by the City Commission in the late 2000s and was reviewed by the City Commission at the December 2023 work session. Per Commission direction, several updates have been integrated into the Code, including moving to gender-neutral language and removing outdated terms related to splitting bills for meals (p. 10). On page 4, staff also added a section regarding appointed staff being politically neutral related to Muskegon City Commission elections (this section is highlighted). Staff recommends this Code of Ethics be adopted as presented (with the highlights removed) and then reviewed/readopted at the start of each 2-year commission cycle. Goal/Focus Area/Action Item Addressed: Key Focus Areas: Goal/Action Item: Amount Requested: Budgeted Item: N/A Yes No N/A Fund(s) or Account(s): Budget Amendment Needed: N/A Yes No N/A Recommended Motion: I move to readopt the City of Muskegon Ethics Policy as presented. Approvals: Guest(s) Invited / Presenting: Immediate Division Head No Information Technology Other Division Heads Page 112 of 124 Communication Legal Review Page 113 of 124 CODE OF ETHICS CITY OF MUSKEGON SECTION I. PUBLIC POLICY It is hereby declared to be the policy of the City of Muskegon that all officials and employees must avoid conflicts between their private interests and those of the general public they serve. To enhance the faith of the people and the integrity and impartiality of all officials and employees of the City, adequate guidelines must be provided for separating their roles as private individuals from their roles as public servants. Where government is based on the consent of the governed, every constituent is entitled to have complete confidence in the integrity of their government. Each individual official, employee, or advisor of the government must help to earn and honor that trust by their own integrity and conduct in all official duties and actions. SECTION 2. DEFINITIONS, AS USED IN THIS CODE I. “City official/employee” means a person elected, appointed or otherwise serving in any capacity with the City of Muskegon in any position established by the City Charter or by city ordinance which involves exercising a public power, trust or duty. The term includes any official or employee of the City, whether or not they receive compensation, including consultants and persons who serve on advisory boards and commissions. II. “Decision making” means exercising public power to adopt laws, regulations or standards, render quasi-judicial decisions, establish executive policy, or determine questions involving substantial discretion. III. “Substantial” means anything of significant worth and importance or considerable value as distinguished from something with little value, social tokenism, or merely nominal. IV. “Compensation” means any money, property, and thing of value or benefit conferred upon or received by any person in return for services rendered or to be rendered to themselves or another. V. “Official duties” or “Official action” means a decision, recommendation, approval, disapproval, or other action involving discretionary authority. 1 Page 114 of 124 SECTION 3. A CODE OF CONFLICT OF INTEREST AND ETHICAL CONDUCT IS HEREBY PROMULGATED AS FOLLOWS: GRATUITIES I. No city official/employee of the City of Muskegon shall solicit, accept or receive, directly or indirectly, any gift, whether in the form of money, service, loan, travel, entertainment, hospitality, thing or promise or in any other form, under circumstances in which it can reasonably be inferred that the gift is intended to influence the officials/employee in the performance of their official duties or is intended as a reward for any official action on their part. PREFERENTIAL TREATMENT II. No city official/employee of the City of Muskegon shall use, or attempt to use, their official position to unreasonably secure, request, or grant any privileges, advantages, contracts, or preferential treatment for themselves or others USE OF INFORMATION III. No city official/employee of the City of Muskegon who acquires information in the course of their official duties, which information by law or policy is not available at the time to the general public, shall use such information to further the private economic interests of themselves or anyone else. FULL DISCLOSURE IV. No city official/employee of the City of Muskegon shall participate as an agent or representative of the City in approving, disapproving, voting, abstaining from voting, recommending, or otherwise acting upon any matter in which they have a direct or indirect financial interest without disclosing the full nature and extent of their interest. Such a disclosure must be made before performing their duty or concurrently with that performance. If the officer or employee is a member of a decision-making or advising body, they must disclose to the chair and to other members of the body on the official record. Otherwise, an appointed officer or employee would appropriately address disclosure to the supervisory head of their organization or by an elected officer to the general public. OUTSIDE BUSINESS DEALINGS V. No City official/employee of the City of Muskegon shall engage in or accept employment or render services for a private or public interest when that employment or service is incompatible or in conflict with the discharge of the official or employee’s official duties or when that employment may tend to impair their independence of judgment or action in performing official duties. 2 Page 115 of 124 VI. No city official/employee shall engage in a business transaction in which the public, city official, or employee may profit from his or her official position or authority or benefit financially from confidential information which the public official or employee has obtained or may obtain because of that position or authority. DOING BUSINESS WITH THE CITY VII. No City official/employee shall engage in business with the city, directly or indirectly, without filing a complete disclosure statement for each business activity and on an annual basis. following Article X Section C of the City Charter. SUPPRESSION OF PUBLIC INFORMATION VIII. No city official/employee of the City of Muskegon shall suppress any public city report, document, or other information available to the general public because it might tend to affect unfavorably their private financial or political interest. USE OF CITY PROPERTY IX. No city official/employee of the City of Muskegon shall directly or indirectly use or permit others to use City property of any kind for purely personal gain. City officials/employees should protect and conserve all city property, including equipment and supplies entrusted or issued to them. X. All City business conducted by email shall be done on a City-issued email account. SECTION 4. INTENTION OF CODE. It is the intention of Section 3 above that city officials and employees avoid any action, whether or not specifically prohibited by Section 3, which might result in or create the appearance of: I. Using public employment or office for private gain. II. Giving or accepting preferential treatment to or from any organization or person III. Impeding city efficiency or economy IV. Choosing complete independence or impartiality of action V. Making a city decision outside official channels VI. Affecting adversely the confidence of the public or integrity of the city government or VII. Giving or accepting preferential treatment in the use of city property The Conflict of Interest and Ethical Code is intended to be preventative and punitive. It should not be construed to interfere or abrogate in any way the provisions of any Michigan Statutes, the Muskegon City Charter, and/or City of Muskegon Ordinances. 3 Page 116 of 124 This policy declaration is not intended to prevent any official/employee of the City of Muskegon from receiving compensation for work performed on his or her own time as a private individual and not involving city business. This declaration of policy is not intended to apply to contributions to political campaigns which State Law governs. Appointed staff should be mindful of how political activities on their part could be perceived by the general public. Appointed staff should maintain a reputation of serving all members of the Muskegon City Commission equally and impartially. To this end, appointed staff should not participate in an election campaign on behalf of or in opposition to candidates for the City Commission. SECTION 5. VIOLATION, ENFORCEMENT AND ADVISORY OPTIONS I. All matters concerning the Conflict of Interest and Ethical Code shall be directed to one of the two following controlling authorities depending upon the employment status of the City of Muskegon official/employee involved or the group concerned and the nature of the action requested. A) Elected officials of the City of Muskegon to the Mayor, City Council, and City Attorney. B) Appointed employees, full and part-time, of the City of Muskegon to the City Manager and City Attorney. II. The above-listed authorities, when requested, shall take appropriate action upon any complaint, request for information, or otherwise resolve matters concerning Conflict of Interest and the Ethical Code policy of the City of Muskegon. The appropriate action to be taken in any individual case shall be at the discretion of the controlling authority involved, which may include but is not limited to any of the following: A) Referral of the matter to a higher authority. B) Pursuing further investigation by the controlling authority. C) Taking appropriate disciplinary action, including removal from office, appointed position or employment, in accordance with the Muskegon City Charter, City Code, State law, or the regulations or policies of the City of Muskegon. D) Deeming no action to be required. E) Pursuing such other courses of action which is reasonable, just and appropriate under the circumstances. III. When deemed appropriate, the abovementioned controlling authorities may render written advisory opinions interpreting the Conflict of Interest and Ethical Code of Conduct outlined in Section 3. Any city official/employee may seek 4 Page 117 of 124 guidance from the controlling authority upon written request on questions directly relating to the propriety of their conduct as officials and employees. Each written request and advisory opinion shall be confidential unless released by the requestor. A) Request for opinions shall be in writing. B) Advisory opinions may include guidance to any employee on questions as to: 1. Whether an identifiable conflict exists between their personal interests or obligations and their official duties. 2. Whether their participation in their official capacity would involve discretionary judgment with significant effect on the disposition of the matter in conflict. 3. What degree their personal interest exceeds that of other persons who belong to the same economic group or class. 4. Whether the result of the potential conflict is substantial or constitutes a real threat to the independence of their judgment. 5. Whether they possess certain knowledge or know-how that the city will require to achieve a sound decision. 6. The effect their participation under the circumstances would have on the people's confidence in the impartiality of their city officials and employees. 7. Whether a disclosure of one’s personal interests would be advisable, and, if so, how such disclosure should be made to safeguard the public interest. 8. Whether it would operate in the people's best interest for them to withdraw or abstain from participation or to direct or pursue a particular course of action in the matter. INTEGRITY AND THE CITY Given time to think about it, each of us could fashion our own working definition of integrity, and all of these might be surprisingly similar. That’s because people generally have a good sense of ethics. Most of us tend to think of integrity in these terms: • Integrity is fairness, honesty, evenhandedness and sincerity. It’s a way of acting and behaving. More importantly, it’s a way of thinking and of making judgments. 5 Page 118 of 124 • Integrity is a system of values that is constant. Integrity doesn’t change, even in the face of shifting social standards. • Integrity is a positive force. It’s a proactive attitude that makes good things happen: it’s not just a checklist of prohibited behavior. • Mostly, though, integrity is doing what we know in our hearts is the proper thing to do. Integrity is not achieved simply through obedience to laws and regulations. The City, like any organization, has responsibilities which go far beyond matters of law. To the City of Muskegon integrity means a special kind of fairness, honesty, evenhandedness and sincerity, a kind that transcends both the law and the values of individuals. It’s achieved by observing an overriding set of ethical standards and by recognizing that the city’s actions and decisions impact a diversity of groups, including residents, business owners, contractors, suppliers, the general public, and, of course, all city officials and employees. WHY INTEGRITY IS IMPORTANT Integrity on the part of our officials and employees is important for several reasons. • First, integrity is a significant standard because it ensures that the city’s many obligations will be set by the people who are, in effect, working for the city. • Integrity is also important because we have an obligation to our residents as their representatives and to our fellow officials or employees. • Integrity is important because it gives us pride in our work, city, and ourselves. • Integrity is also important because it can help the city and its representatives comply with the law; it may help avoid costly litigation. • Integrity also affects the quality and the effectiveness of our relationships with residents, businesses, contractors, suppliers, government agencies and other members of the public. • And integrity is important because it’s the core ingredient of a reputation. Both our personal reputations and the City’s reputation are crucial to our success. PERSONAL REPUTATIONS Each of us has a personal and professional reputation. All of those who do business with you, whether they work for the City or represent some other organization, form opinions about your 6 Page 119 of 124 integrity. They decide if you can be trusted and if you can be relied upon to conduct yourself according to proper ethical standards. That they decide about you frequently is translated into their opinions of the entire community. Trust is, after all, the key to good interpersonal relationships. It’s why people work efficiently together: It’s why they can make things happen quickly and smoothly. A breach of ethics, therefore, does more than violate a legal or moral code. It creates a very difficult practical problem because it destroys trust. Officials and employees who can’t be trusted can’t be effective. They can’t, in other words, do their job very well. And they can’t hide this fact very long, either. THE CITY’S REPUTATION A city’s reputation and its overall success are always securely linked. To succeed in its mission, any organization must have the confidence of the people and the organizations it deals with, even if the relationship is indirect. The City of Muskegon’s reputation, obviously, is based on more than the collective reputations of its employees and officials. To a large extent, it depends on how many people perceive the community as to whether they believe, whatever the issues or the circumstances, that the city will act with integrity. So, trust is also the key element. Trust is the cornerstone of all city relationships. Everyone who plays a role in our business relationships must have faith in our actions and statements. That confidence is especially important in today’s highly complex and fast-paced society. STANDARDS OF CONDUCT The City’s integrity rests solidly on the foundation of several general rules of ethical behavior. These rules need to be fully understood by all of us. • Fundamental values must always be honored. The City expects us to be honest, to tell the truth, and to play by the rules. Our relations with everyone must be based on mutual trust and the highest principles of respect for the individual. • This means using some obvious examples, such as that we don’t misrepresent situations, don’t steal city property, don’t falsify city records, or misuse city assets for personal use. • It means that we must treat our fellow employees, committee members, residents, contractors, and suppliers in an evenhanded, fair way. • It means, too, that we must be aware of the perceptions we create because they can be as important as our actions. We should diligently avoid doing or saying anything that 7 Page 120 of 124 leaves the impression of questionable motives. It won’t really matter if the impression is wrong: the perception of dishonesty or favoritism has all the harmful consequences of the real thing. • Consequently, if we believe someone misunderstood what we’ve said or done, we should clarify the matter quickly. If we misspoke or promise something beyond our authority, we should also correct that situation. • As city officials/employees, we’re expected to honor the spirit and the letter of the law. • We must not, of course, give or receive a bribe, kickback, or payoff. Beyond that, we must avoid any act that might make it seem we’re involved in a bribe, kickback, or payoff (again, that matter of perception). • No improper action is ever made proper simply because someone considers it “customary” or because others do it. • And no improper action is made proper because our supervisor or a fellow employee might have suggested it. • Finally, the city’s standards of conduct apply equally to all. Integrity is not something we put on and take off depending on the people we happen to be dealing with at the moment. You’re expected to act with complete integrity all the time. THE GRAY AREAS It’s been said that ethical standards, even at their strongest, are always a little gray around the edges. Any code of ethics, in other words, must sometimes deal with situations where there are two or more legitimate points of view, and where there is no clear right or wrong answer. Indeed, ideals do not always fit perfectly with reality, and ethical standards do not always provide automatic solutions to difficult questions. But this doesn’t mean that dilemmas must be accepted. It only means that “gray area” issues require careful examination and thought. All the competing interests must be clearly identified and evaluated, and the relevant city standards must be understood and applied. When in doubt, consult with someone of higher authority. Reasonable and ethical answers are always available. RELATIONSHIPS WITH OTHERS The City places great importance on its officials and employees’ relationships with all citizens. The term “citizens” is used here in the broadest possible sense. Three general principles deserve particular emphasis. 8 Page 121 of 124 • You not only must avoid favoritism or unethical practices, you must avoid contact that could be misinterpreted to suggest questionable behavior (once again, the perception issue). • Don’t be drawn into a compromising relationship. When you’re dealing with another person the first “small” step you take that undermines your integrity is likely to be followed by another and then another. In a short time, without having done anything that could be considered major, your integrity will have been compromised. • Trust is critical in all relations. You can build trust by positive actions, by caring, by meeting deadlines, and by helping to solve problems. You should recognize those situations where you can appropriately do something to help, and then you should do it. SOLICITING GIFTS OR FAVORS Gifts or favors, should not be solicited from an individual or an organization that does business with the City or seeks to do so. The size of the gift or favor is immaterial. Soliciting gifts or favors, either directly or indirectly, is strictly prohibited. • You should not, for example, suggest to a supplier that you have personal use for a service or equipment. • And any suggestion that you would appreciate tickets to a social or sporting even is soliciting. Don’t do it. ACCEPTING GIFTS OR FAVORS Accepting a gift or favor that is freely offered is a little different situation. In some cases, if the gifts are of nominal value and they enhance the city’s business purposes, they may be accepted— with caution. • Employees of the City are prohibited from accepting gifts of value, favors, or preferential treatment such as discounts from vendors, firms, or individuals regulated by or doing business with the City. Employees violating this policy will be subject to disciplinary action, up to and including dismissal. • The application of this regulation is a matter of reasonable and mature judgment. The following guidelines may be used in interpreting the regulation. • The City gift policy is in effect for all gifts whether received at work or home. • The acceptance of inexpensive advertising gifts, such as pens, pencils, keyrings, calendars, coffee cups, etc., or other small items, such as boxes of candy, nuts, plants, 9 Page 122 of 124 etc., shared by an entire office and/or enjoyed by the public are not considered gifts of value and can be accepted. • Allowing someone to buy your lunch or dinner occasionally or attending a reception is not out of order. On the other hand, frequent payment for an employee’s meal should be avoided. A good policy is to try to stay even by picking up the check an appropriate number of times or splitting the bill. These same guidelines can be applied to refreshments and entertainment. • Any gifts of cash, including gift booklets and gift certificates, are strictly prohibited. • Any unusual gift or expensive items, the return of which would be costly or cause embarrassment, or any situation that is clearly defined should be reported to and reviewed by an appropriate supervisor or authority. CITY SPONSORED EVENTS AND ACTIVITIES Strict standards also cover City social, athletic, or recreational activities, such as Christmas parties or athletic banquets. No employee or City organization should solicit or accept any support for these events from individuals or firms that do business with us or want to. REPORTING CERTAIN FINANCIAL AND OTHER INTERESTS City officials and employees are required to report, for information purposes, certain financial interests held by them or by their family members. If you have a financial interest in an organization that does business with the City you must report it. You also must report if a family member or relative has such an interest. In the great majority of cases these interests present no problem and you or your family members may retain them. However, officials or employees who have a financial interest in a firm that does business with the City must always be especially judicious in their conduct. SPECIAL ROLE OF THE INDIVIDUAL The City’s commitment to integrity has real substance only when City employees have their own personal commitment to integrity. Our organizational integrity always begins and ends with the individual. • It depends on the conscience of each person, not just on the City’s written policies to preserve its integrity and the perceptions people have of us. • Each of us is a trusted representative of the City of Muskegon. Each of us, therefore, has a direct and singular responsibility to conduct our job-related activities in a manner that protects and enhances our reputation. 10 Page 123 of 124 • Integrity is more than a matter of do’s and don’ts. It’s always a matter of individual awareness, honesty, determination, and commitment. • Integrity is each employee stepping up to an obligation. It’s each of us deciding that we will live and act to make our City an even better place to live and work. A FORMAL STATEMENT OF ETHICS • The preceding discussion has emphasized how and why the actions of individuals can transcend the written law or policy. • However, a formal system is essential to establish a basis of ethical conduct. With the understanding that no set of rules can cover all contingencies, the City of Muskegon, has formally adopted the attached “Code of Ethics”. 11 Page 124 of 124
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