CITY OF EATON RAPIDS DOWNTOWN DEVELOPMENT AUTHORITY

AGENDA

September 13, 2019

7:00 a.m.

City Hall – 2nd Floor

200 S. Main Street

1. Call to Order 2. Approval of Agenda 3. Presentations 4. Citizen Comments (3-minute time limit) 5. Consent Calendar

a. DDA Board Meeting Minutes Approve the minutes of the regular board meeting held August 9, 2019 and the special board meeting held August 29, 2019.

b. Treasurer’s Report Approve the financial report from the treasurer.

6. Old Business a. Vacant Commercial Property Registry

Approve language for Vacant Commercial Property Registry in the Central Business District.

b. Mural Ordinance Approve language for proposed Amendments to Appendix A, Article XXII, Section 22.70 of the City of Eaton Rapids Code.

c. Amendments to the DDA Board Bylaws (FINAL ADOPTION) Approve the second reading and final adoption of amendments to Article IV, Section 9 and Article VII, Sections 1 and 2 of the

Downtown Development Authority Bylaws; and authorize the Board Chair and Vice-Chair to sign the bylaws.

d. Pettit Hardware Mural Approve increase of $2,000 for the completion of the Pettit Hardware Mural.

7. New Business a. Proposed Riverwalk/GAR Park Footbridge

Approve $150,000 contribution to city’s matching funds requirement to obtain CDBG Grant funding for the GAR Park Footbridge replacement and other improvements.

b. Michigan Downtown Association Approve $200 for membership in the Michigan Downtown Association.

c. PA57 Required Informational Meetings Approve the dates for the 2019 and 2020 informational meetings required by PA57.

8. Director’s Comments 9. Board Member Comments 10. Adjournment

MEMORANDUM

TO: DDA BOARD OF DIRECTORS

FROM: JASON SMITH – MAIN STREET/DDA DIRECTOR

SUBJECT: MEETING MINUTES

DATE: 9/3/2019

Recommendation: Approve the minutes of the regular DDA Board meeting from August 9, 2019, and the minutes of the special DDA Board meeting from August 29, 2019.

Your consideration and concurrence are appreciated.

Downtown Development Authority August 9, 2019 A meeting of the Eaton Rapids Downtown Development Authority was held at City Hall, 200 S. Main Street, on August 9, 2019 at 7:00 a.m. Chair McNabb called the meeting to order. Present were Main Street/DDA Executive Director Smith and members McNabb, DeFrance, McGee, Booher, Carducci, Willey and Malewski. Board Members Babbitt and Lindow were absent and excused. Administrative Staff Present were City Manager Aaron Desentz, City Clerk Boomer, PRT Fellow Nugen and Quality of Life Director Zeller. Moved by DeFrance, second by McGee, PASSED, to approve the agenda as presented. Meegan Holland from the Michigan Retailers Association presented information on the Buy Nearby Weekends program. PRT Fellow Nugen led the Board in the Redevelopment Ready Communities exercise. Public Comments: Adrienne Gelardi appeared before the Board regarding murals. Consent Calendar:

• July 12, 2019 minutes

• Director’s Oath of Office

• Budget Expenditures/Treasurer’s Report

• Eaton Rapids Area Chamber of Commerce use of Red Ribbon Hall on September 14, 2019 Moved by DeFrance, second by McGee, PASSED, to approve the consent calendar. Old Business: MMS Update: Director Smith reviewed important August MMS dates- August 20th at 6:00 p.m. at ERPS Central Office and August 21st at 8:30 a.m. and 10:00 a.m. at City Hall. Knight Street Bridge Lights: Quality of Life Director Zeller advised 8 lights would be needed to light one side of Knight Street Bridge. Zeller will report back to Chair McNabb on a quote to light both sides. Central Business District Snow removal: Moved by DeFrance, second by Carducci, PASSED, to create an RFP for snow removal in the Central Business District.

DDA Minutes -2- August 9, 2019 New Business: MMS Community Requirements Agreement: Moved by DeFrance, second by McGee, PASSED, to approve the Michigan Main Street Program- Community Requirements Agreement and authorize Director Smith to execute the agreement. Amendment to Bylaws: Director Smith read for the first reading of amendments to Article IV, Section 9 and Article VII, Sections 1 and 2 of the Downtown Development Authority Bylaws. ZBA Hearing Notification: Director Smith discussed with the Board the notice received for the zoning appeal by Your Creative Escape. Moved by Booher, second by DeFrance, FAILED, to approve a letter of support for Jaime Lawson’s ZBA appeal. Downtown Idea Exchange: Moved by DeFrance, second by McGee, PASSED, to approve $246.50 for the annual renewal of Downtown Idea Exchange newsletter. Eaton Rapids Air: Moved by DeFrance, second by McGee, PASSED, to approve the purchase of an inflatable movie screen and allow its use during Eaton Rapids Air as sponsors of the Eaton Rapids Air movies in the park. Consumers Energy Public Charger Rebate Program: Director Smith presented information about the program. He will work recruiting a partner for the program. Hall Street Lot: Moved by McGee, second by Carducci, PASSED, to approve the clean-up of the Hall Street lot by City employees. MDOT TAP Grant Review: Moved by Carducci, second by McGee, PASSED, to approve the review of partnering with the City on a MDOT TAP Grant. Red Ribbon Hall Cleaning: Moved by McGee, second by Willey, PASSED, to create an RFP for the cleaning of Red Ribbon Hall. Downtown Mural Ordinance: Director Smith discussed with the Board a mural ordinance. He will work on one. Vacant Property Registry: Director Smith discussed with the Board the language for a registry of vacant commercial property in the Central Business District. He will continue to research. Red Ribbon Hall Code Violations: The Board discussed the code violations. Carducci will research repairs. City Manager Desentz will consult City Attorney to draft an easement for the south side of the property. Air Drone: Moved by Carducci, second by Willey, PASSED, to approve hiring Travis Hayward to film drone footage of the Eaton Rapids Air event.

DDA Minutes -3- August 9, 2019 Pettit Building Mural: Quality of Life Director Zeller presented a mural proposal approved the Arts Council and Quality of Life Board. Director Report: Director Smith reported that he attended Michigan Main Street training and the Brownfield Training. Board Member Comments: McGee commented that he was contacted by a downtown business owner about a code violation letter he received. Moved by McNabb, second by McGee, to adjourn the meeting, passed unanimously. Meeting adjourned at 9:19 a.m. Laura Boomer, City Clerk

Downtown Development Authority

August 29, 2019 Special Meeting

A special meeting of the Eaton Rapids Downtown Development Authority was held at City Hall, 200 S. Main Street, on August 29, 2019 at 7:00 a.m.

Chair McNabb called the meeting to order at 7:00 a.m.

Present were members McNabb, Babbitt, Booher, Carducci, Malewski, McGee, and Willey. Board Member Lindow was absent.

Administrative Staff Present were DDA/Main Street Executive Director Jason Smith, City Manager Aaron Desentz, and PRT Fellow Heather Nugen. Also Present was City Councilmember Gary Wichman.

Moved by Carducci, second by Booher, to approve the agenda as presented, passed unanimously.

Director Smith presented the board with the MEDC Transformation Strategy with the two proposed strategies, “Water and Sports Recreation”; and “America’s Small-Town Atmosphere”.

The board discussed the transformation strategies.

City Manager Desentz discussed CDBG funding for waterfront projects.

Chair McNabb reminded the board of the Hall Street bridge repair.

Moved by McGee, second by Carducci to approve the “America’s Small-Town Atmosphere” transformation strategy, passed unanimously.

Chair McNabb brought up the receipt of an estimate to illuminate both sides of the Knight St. Bridge. The project to light both sides would cost approximately $3,500 more than originally budgeted.

Motion by Carducci, second by Babbitt to increase funding appropriation by $3,500 for the Knight Street Bridge project, unanimously approved.

Motion by McNabb, second by Babbitt to adjourn, unanimously approved.

Meeting adjourned at 7:26a.m.

MEMORANDUM

TO: DDA BOARD OF DIRECTORS

FROM: JASON SMITH – MAIN STREET/DDA DIRECTOR

SUBJECT: TREASURER’S REPORT

DATE: 9/3/2019

Recommendation: Approve receipt of the treasurer’s report.

Your consideration and concurrence are appreciated.

MEMORANDUM

TO: DDA BOARD OF DIRECTORS

FROM: JASON SMITH – MAIN STREET/DDA DIRECTOR

SUBJECT: VACANT COMMERCIAL PROPERTY REGISTRY

DATE: 9/3/2019

Recommendation: Approve the language of the proposed Vacant Commercial property registry and forward to the City Manager and Council for review and adoption.

The revised Vacant Commercial Property Registry Ordinance includes changes that have been recommended by the DDA Board.

Changes include clarifying some language about buildings with multiple stories (vacancies in living quarters will not apply), and changing the required weekly inspections by the owner or management person/company of the property to monthly.

If passed, this ordinance will be forwarded to the City Manager and Council for their review and adoption.

Your consideration and concurrence are appreciated.

ORDINANCE NO. 2019- ____

An ordinance amending CHAPTER 12, ARTICLE VI, to add Section 13 of the City of Eaton Rapids, Michigan Code of Ordinances, regarding VACANT COMMERCIAL PROPERTY REGISTRY.

THE PEOPLE OF THE CITY OF EATON RAPIDS ORDAIN:

Section 13.10.1. Purpose

It is the purpose of this Ordinance to improve the economic vitality and beauty of the Central Business District, as well as protect the health, safety, and welfare of the citizens by preventing blight, protecting property values and Central Business District integrity by the prevention or elimination of certain environmental causes of blight or blighting factors which exist or which may in the future exist in the Central Business District. Requiring the registration and maintenance of abandoned commercial properties by parties asserting collateral or other legal, or other interest in such properties, to establish a mechanism to protect the Central Business District from becoming blighted through lack of adequate maintenance and to provide for the security of abandoned properties. Nothing in this article shall be construed as waiving, relieving, or otherwise excusing an owner of any property from compliance with applicable property maintenance rules and regulations, and such owner or owners shall at all times remain responsible and liable therefore.

Section 13.10.2. Definitions

As used in this chapter, the following words and phrases have the following meanings:

“Abandoned” – a property that is vacant and is under a current complaint for foreclosure or notice of foreclosure and/or notice of trustee’s sale, pending tax sale, and/or properties that have been the subject of a foreclosure sale where the title was retained by the beneficiary of a mortgage involved in the foreclosure, and/or that have transferred under a deed in lieu of foreclosure/sale.

“Accessible property” – a property that is accessible through a compromised/breached gate, fence, wall, etc.

“Accessible structure” – a structure/building that is unsecured and/or breached in such a way as to allow access to the interior space by unauthorized persons.

“Assignment of rents” – an instrument that transfers the beneficial interest under a mortgage from one (1) lender/entity to another.

“Buyer” – any person, co-partnership, association, corporation, or fiduciary who agrees to transfer anything of value in consideration for property described in an agreement of sale, as defined in this subsection.

“Commercial building” – any improved real property, or portion thereof, situated in the Central Business District of the City of Eaton Rapids, Michigan, as defined in the City Code, designed or permitted to be used for commercial purposes of any kind, and shall include all buildings and structures located on such improved real property. This includes any real property being offered for sale, trade, transfer, or exchange as residential whether or not it is legally permitted and/or zoned for such use.

“Commercial business” – any activity or process that would lead a reasonable person to believe that a good, service, trade, or other business activity is occurring within a building. Such conditions include, but are not limited to, retail, services, or restaurant. A commercial business is considered in operation when all applicable state, federal, and local licensing, laws, and codes are satisfied; and an occupancy permit has been granted by the appropriate authority.

“Dangerous Building” – any building/structure that is in violation of any condition referenced in Chapter 12 of the City Code.

“Days” – consecutive calendar days

“Deed in lieu of foreclosure/sale” – a recorded document that transfers ownership of a property from the trustor to the holder of a mortgage upon consent of the beneficiary of the mortgage.

“Default” – the failure to fulfill a contractual obligation, whether monetary or conditional.

“Distressed” – a property that is under a current notice of default and/or notice of trustee’s sale and/or pending tax assessor’s lien sale or has been foreclosed upon by the trustee or has been conveyed to the beneficiary/trustee via deed in lieu of foreclosure/sale.

“District standard” – conditions that are present on a simple majority of properties within a three-hundred-foot radius of an individual property. A property that is the subject of a district standard comparison, or any other abandoned property within the three hundred-foot radius, shall not be counted toward the simple majority.

“Evidence of vacancy” – any condition that on its own or combined with other conditions present would lead a reasonable person to believe that the property is vacant. Such conditions include, but are not limited to, overgrown and/or dead vegetation, accumulation of newspapers, circulars, flyers and/or mail, past due utility notices and/or disconnected utilities, accumulation of trash, junk and/or debris, the absence of window signage, the absence of furnishings or other materials that would lead a reasonable person to believe business is being conducted within, statements by neighbors, passersby, delivery agents, government employees, lease holders, landlords, property owners, or other such persons with knowledge of the property disposition.

“Foreclosure” – the process by which a property, placed as security for real estate loan, is sold at auction to satisfy the debt if the borrower defaults

“Local” – within forty (40) miles of distance from the subject property.

“Mortgage” – interest in land is created by a written instrument providing security for the performance of a duty or obligation or the payment of a debt.

“Out of area” – in excess of forty (40) miles of distance from the subject property.

“Owner” – every person, entity, service company, property manager, or real estate broker, who alone or severally with others:

(1) Has a legal or equitable interest in any structure of any kind, parcel of land, vacant orotherwise; or

(2) Has care, charge, or control of any structure of any kind, parcel of land, in any capacityincluding but not limited to agent, executor, executrix, administrator, administratrix,trustee, or guardian of the estate of the holder or legal title; or

(3) Is a mortgage of any such property; or(4) Is an agent, trustee, or other person appointed by the courts and vested with possession or

control of any such property; or(5) Is an officer or trustee of the association of unit owners of a condominium. Each such

person is bound to comply with the provisions of these minimum standards as if they werethe owner. However, this article shall not apply to a condominium association createdpursuant to MCL 569.1 et seq. to the extent that such Association foreclosures on orinitiates the foreclosure process for unpaid assessments due or owing to the association; or

(6) Is a trustee who holds, owns or controls mortgage loans for mortgage-backed securitiestransactions and has initiated the foreclosure process.

“Property” – any unimproved or improved real property, or portion thereof, situated in the Central Business District of the City of Eaton Rapids as defined in the City Code, and includes the buildings or structures located on the property regardless of condition.

“Secure or secured” – such measures as may be directed by the City of Eaton Rapids Code Official or his or her designee that render the property inaccessible or unauthorized persons, including, but not limited to the repairing of fences and walls, chaining/padlocking of gates, and the repair or boarding of doors, broken windows, and/or other openings. In the case of broken windows, securing means the reglazing or boarding of the window. Boarding shall be completed to a minimum of plywood for the first 6 months of vacancy, then after 6 months, all plywood must be removed and replaced with commercial-grade steel security panels OR replaced with secure doors, glazed windows, and a 24-hour burglar alarm with a third-party security company. In addition, secure or secured means closing and locking windows, doors (walk-through, sliding, and garage), gates and any other opening of such size that it may allow a person to access the interior of a property and/or structure(s).

“Vacant” – a building/structure that is not legally or currently occupied. A property is no longer considered vacant when commercial business is conducted on a regular basis for thirty (30) consecutive days.

Section 13.10.3. Vacant Properties to be Registered

Any owner whose property is located within the Central Business District shall perform an inspection regularly on their property. If the property is found to be vacant or shows evidence of vacancy, it is, by this article, vacant, and the owner shall, within thirty (30) days of the inspection, register the property with the City of Eaton Rapids. Registration shall be filed with the City of Eaton

Rapids Code Official or their designee and the City of Eaton Rapids Downtown Development Authority Executive Director or their designee on forms provided by the city.

If any level or story, where commercial business is conducted separate from the commercial business conducted on other levels, of a property located within the Central Business District is vacant, the owner shall, within thirty (30) days of inspection, register the property with the City of Eaton Rapids. Registration shall be filed with the City of Eaton Rapids Code Official or their designee and the City of Eaton Rapids Downtown Development Authority Executive Director or their designee on forms provided by the city.

Section 13.10.4. Owner’s Affidavit

Owners who are required to register their properties pursuant to this article shall submit a copy of a driver’s license and an affidavit containing the following information:

(1) The name of the owner (corporation or individual)(2) The direct street/office mailing address of the beneficiary/trustee (no P.O. Boxes). If

certified mail/return receipt requested is sent to the address and the mail is returnedmarked “refused” or “unclaimed”, or if ordinary mail is sent to the address is returned forwhatever reason, then such occurrence shall be prima facie proof that the owner has failedto comply with this requirement.

(3) A direct contact name of the individual responsible for the care and control of the property.Such individual may be the owner, if the owner is an individual, or may be someone otherthan the owner with whom he/she has contracted. Responsible person(s) shall be local, asdefined in Section 13.10.2.

(4) A current address, phone number, fax (if applicable), and email address (if available) wherecommunications may be sent that will be acknowledge as received by the individualresponsible for the care and control of the property. If certified mail/return receiptrequested is sent to the address and the mail is returned marked “refused” or “unclaimed”,or if ordinary mail is sent to the address is returned for whatever reason, then suchoccurrence shall be prima facie proof that the owner has failed to comply with thisrequirement.

(5) If a mortgage, land-contract, or other lien is placed upon the property, the owner shallinclude a list of all lienholders including name and phone number of the company.

(6) If the property is listed for sale, the owner shall include the listing agent’s name, company,and contact phone number.

(7) Permission to city authorized staff to access the exterior of the property for inspectionpurposes.

Section 13.10.5. Fees.

Registration Fees will not be prorated.

An annual registration fee shall accompany the registration form. The fee and registration shall be valid for the calendar year, or the remaining portion of the calendar year, in which the registration was initially required. Subsequent registrations and fees are due July 1 of each year and must be received no later than July 31 of the year due.

The amount of all fees, fines, and costs shall be determined by resolution of the City of Eaton Rapids.

For properties that are not registered within the required time an additional free for the added cost of the city’s expenses in having to determine ownership, which may include, but is not limited to, title searches, shall be assessed and immediately payable. The payment of all fees required under this article is secured by a lien against the property which may be placed on the tax roll for collection in the same manner and subject to the same interest and penalties applicable to delinquent special assessments.

This section shall also apply to properties that have been the subject of a foreclosure sale where the title was transferred to the mortgagee involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure/sale. Such properties, if vacant, shall be registered with the city in accordance with the terms of this section upon transfer.

Properties subject to this article shall remain under the annual registration requirement, security, and maintenance standards of this section as long as they remain vacant.

Any person, firm, or corporation that has registered a property under this article must report any change of information contained in the registration to the City of Eaton Rapids Building Department within ten (10) days of the change.

Section 13.10.6. Inspections

Owners of vacant or unoccupied buildings who are required to file and owner’s affidavit under this article are subject to routine safety and maintenance inspection of the building and property.

Section 13.10.7. Maintenance and Safety Requirements

Properties subject to this section shall comply with all other articles, chapters, and sections of the City Code applicable to the property.

Properties subject to this section shall be kept free of weeds; grass more than six inches high; dry brush; dead vegetation; trash; junk; debris; building materials; any accumulation of newspapers, circulars, flyers, notices, except those required by federal, state or local law; discarded items including but not limited to, furniture, clothing, large and small appliances, printed material, signage, containers, equipment, construction materials, or any other items that give the appearance that the property is abandoned.

The property shall be maintained free of graffiti, tagging, or similar markings by removal or painting over with an exterior grade paint that matches the color of the exterior of the structure. Murals with approved applications on file with the City of Eaton Rapids are allowed to remain.

All visible front and side yards shall be landscaped and properly maintained. Landscaping includes but is not limited to, grass, ground covers, bushes, shrubs, hedges or similar plantings, decorative rock or bark designed and maintained in an appropriate manner. Gravel, broken concrete, brick, asphalt, decomposed materials or any other sort of material used in an area designated for parking that is wholly owned by the building owner shall also be properly maintained. Maintenance includes but is not limited to, regular watering, irrigation, cutting, pruning, mowing, sweeping, patching, and any other regular maintenance.

Pools, spas, and other water features shall be kept in working order so the water remains clear and free of pollutants and debris, or drained and kept dry and free of debris. In either case, properties with any water features must comply with all fencing and/or barrier requirements of the Michigan building, construction, and maintenance codes.

Adherence to this section does not relieve the owner of any obligations set forth in any covenants, conditions, and restrictions and/or association rules and regulations which may apply to the property.

Section 13.10.8. Security requirements

A property that is considered vacant shall be maintained in a secure manner so as not to be accessible to unauthorized persons.

An owner or person(s) responsible for control and care of the property shall provide, in addition to the affidavit, a copy of an active current liability insurance coverage policy in place on the vacant property of at least $500,000 for a vacant commercial structure.

An owner or person(s) responsible for control and care of the property shall demonstrate that all water, sewer, electrical, gas, HVAC, plumbing systems, exterior finishes and walls, concrete surfaces, accessory buildings, roofing, structural systems, foundations, drainage systems, gutters, doors, windows, parking areas, signage, access apron(s), service walk(s), sidewalk(s), and other public areas are sound operational, or properly disconnected.

If the property is owned by a corporation and/or the beneficiary/trustee/owner is located out of area as defined by Section 13.10.2, a local, as defined by Section 13.10.2, property management company shall be contracted to perform monthly inspections to verify that the requirements of this section, and any other applicable laws, are being met.

Properties subject to this section shall be maintained in a secure manner so as not to be accessible to unauthorized persons. Secure manner includes, but is not limited to, the closure and locking of windows, doors (walk-through, sliding, and garage), gates, and any other opening of such size that it may allow a child to access the interior of the property and/or structure(s).

Broken windows and doors must be repaired or replaced within seven days. Plywood is only to be used to cover doors and windows for the first six (6) months that a property is vacant. If a building is vacant beyond six (6) months, all plywood must be removed and replaced with commercial-grade steel security panels OR replaced with secure doors, glazed windows, AND a 24-hour burglar alarm system with a third-party security company.

All property vacant for at least six (6) months is required to have lighting at entrances and exits from dusk until dawn.

Vacant property shall be posted with the name and 24-hour contact phone number of the local, as defined in Section 13.10.2, person or company responsible for control and care of the property. The posting shall be no less than 18 inches by 24 inches and shall be of a 72-point Arial font and shall contain along with the name and 24-hour contact number, the words “THIS PROPERTY MANAGED BY” and “TO REPORT PROBLEMS OR CONCERNS, CALL”. The posting shall be placed on the interior of a window facing the street to the front of the property so it is visible from the street. If no such area exists, on a stake sufficient size to support the posting in a location that is visual from the street to the front of the property but not readily accessible to vandals. Exterior posting must be constructed of and printed with weather-resistant materials.

To enforce this section, building inspectors are allowed to complete an interior and exterior inspection of vacant properties every six (6) months. The City of Eaton Rapids and/or its agents may conduct necessary inspections permitted by law to assure compliance with the requirements of this Code to determine if there are emergency or hazardous health and safety conditions in existence.

Section 13.10. 9. Fire damaged property

If a building is fire damaged, the owner has 90 days from the date of the fire to apply for a permit to start construction or demolition. The City Manager, or their designee may grant additional 90-day extensions, provided the owner can demonstrate substantial progress towards completing repairs. Failure to do so will result in the property being deemed vacant and subject to the requirements of this article.

Section 13.10.10. Re-occupancy

A vacant structure shall not be occupied until a certificate of occupancy has been issued by the city, and all violations have been corrected in accordance with the applicable requirements of the Michigan Building/Residential Code, Michigan Building/Commercial Code, Michigan Electrical Code, Michigan Mechanical Code, Michigan Plumbing Code, International Property Maintenance Code, applicable Health Department Code, and applicable provisions of the City of Eaton Rapids Code of Ordinances. All mechanical, electrical, plumbing, and structural systems shall be certified by a licensed contractor as being in good repair. In addition, a certificate of occupancy shall not be issued until all outstanding costs, assessments, and/or liens owed to the city have been paid in full.

Section 13.10.11. Owner Intent to Remediate Vacancy

If, after sixty (60) days of vacancy no activity has occurred to re-occupy the property, the owner shall submit to the City of Eaton Rapids Downtown Development Authority a statement of intent including the following:

(1) A reasonable timeline or evidence of any necessary repairs or remodeling work being performed(2) A reasonable timeline or evidence of an agreement for lawful occupancy(3) A reasonable timeline or evidence that the property has been listed with a real estate agent or

other marketing agency to actively seek out re-occupancy.

A Statement of Intent may not include leaving the property vacant with no timeline or evidence of actively seeking out re-occupancy, redesign, remodeling, repair, and/or marketing the property for sale or rent.

The Statement of Intent may encounter issues including, but not limited to, weather, illness, and Acts of God. Statements of Intent may be amended for these issues once every ninety (90) days. A request to amend must be made to the Eaton Rapids City Manager, Chief Building Official, or Downtown Development Authority Executive Director, or their designees through a form provided by the City of Eaton Rapids. Finances shall not be listed as an issue for amending the Statement of Intent, or deviation thereof.

Section 13.10.12. Abatement

Violations of this article may be enforced as allowed by the City of Eaton Rapids Code of Ordinances. Alternatively, at the sole discretion of the city, the city may issue to the beneficiary/trustee/owner and/or owner of record a notice to abate. The notice to abate shall include:

(1) The nature and location of the violation;(2) The time within which the violation must be abated;(3) Notice that the city may act to abate the violation if it is not abated by the owner within a

reasonable time stated in the notice, but which may not exceed fifteen (15) days;(4) Notice that the cost of such action by the city, plus an administrative fee, shall be a personal

debt of the owner, which may be assessed as a lien against the property until paid; and(5) Notice that any refusal to allow the city to abate an uncorrected violation shall be a separate

violation under this Code.

Section 13.10.13. Authorization for city abatement

Upon failure of an owner to abate a violation as ordered in a notice to abate, the city may abate the nuisance. This abatement may be performed by the city, by a contract vendor, or by other means determined by the city.

Section 13.10.14. Additional Authority

In addition to the enforcement remedies established in the City of Eaton Rapids City Code, the City of Eaton Rapids City Manager, Chief Building Inspector, or their designee shall have the authority to require the owner and/or owner of record of any property affected by this section to implement additional maintenance and/or security measures including but not limited to securing any/all door, window, or other openings, installing additional security lighting, increasing on-site inspection frequency, employment of an on-site security guard, or other measures as may be reasonably required to arrest the decline of the property.

Section 13.10.15. Administrative fees

The fees necessary for the administration of this article and authorized by the City Code shall be established from time to time by resolution of the City of Eaton Rapids.

Section 13.10.16. Charge to owner

When the city has abated a cited nuisance, the cost of abatement, plus any applicable administrative charges as established by city council resolution, shall be billed to the property owner. Such billing shall be a personal debt of the owner to the city, which may be assessed as a lien against the property, including interest thereon, until paid.

Section 13.10.17. Penalties

Violations of this article shall be treated as a strict-liability offense regardless of intent. Any person, firm and/or corporation that violates any portion of this article shall be subject to prosecution and/or administrative enforcement under the City of Eaton Rapids City Code. Registration of property under this article is in addition to, and not in lieu of, the requirements of MCL 125.539(i), which allows for demolition of vacant structures, or nuisance abatement by the city.

Each month that a required affidavit is not on file and each month that an owner and/or owner’s agent fails to maintain current information in an affidavit on file shall be considered a separate offense. Each month that an owner fails to carry out the terms of the statement of intent, and/or fails to file a statement of intent shall be considered a separate offense. Each month that an owner and/or owner’s agent fails to properly secure the property shall be considered a separate offense.

Section 13.10.18a.

It is hereby declared to be the intention of the Mayor and Council that all sections, paragraphs, sentences, clauses, and phrases of this ordinance are or were, upon their enactment, believed by the Mayor and Council to be fully valid, enforceable and constitutional.

Section 13.10.18b.

It is hereby declared to be the intention of the Mayor and Council that, to the greatest extend allowed by law, each and every section, paragraph, sentence, clause or phrase of this Ordinance is severable from every other section, paragraph, sentence, clause or phrase of this Ordinance. It is hereby further declared to be the intention of the Mayor and Council that, to the greatest extent allowed by law, no section, paragraph, sentence, clause or phrase of this Ordinance is mutually dependent upon any other section, paragraph, sentence, clause or phrase of this Ordinance.

Section 13.10.18c.

In the event that any section, paragraph, sentence, clause or phrase of this Ordinance shall, for any reason whatsoever, be declared invalid, unconstitutional, or otherwise unenforceable by the valid judgment or decree of any court of competent jurisdiction, it is the express intent of the Mayor and Council that such invalidity, unconstitutionality, or unenforceability shall, to the greatest extent allowed by law, not render invalid, unconstitutional or otherwise unenforceable any of the remaining sections, paragraphs, sentences, clauses or phrases of this Ordinance and that, to the remaining sections, paragraphs, sentences, clauses or phrases of this Ordinance shall remain valid, constitutional, enforceable, and of full force and effect.

Section 13.10.19.

All ordinances and parts of Ordinances in conflict herewith are hereby expressly repealed.

Section 13.10.20.

This Ordinance shall become effective upon its adoption by the Mayor and Council.

Section 13.10.21.

The Ordinance shall be codified in a manner consistent with the laws of the State of Michigan and the City of Eaton Rapids.

Section 13.10.22.

It is the intention of the governing body, and it is hereby ordained that the provisions of this Ordinance shall become and be made part of the Code of Ordinances, City of Eaton Rapids, Michigan and sections of this Ordinance may be renumbered to accomplish such intention.

Section 13.10.23.

This Ordinance takes effect thirty (30) days from the date of adoption.

First Reading:

Second Reading/Adoption:

This Ordinance having been properly considered and adopted by the City Council of the City of Eaton Rapids, Michigan, the same hereby APPROVED this ___ day of _______________, 20__.

CITY OF EATON RAPIDS, MICHIGAN ATTEST:

____________________________

Paul Malewski, Mayor Laura Boomer, Clerk

APPROVED AS TO FORM:

City Attorney

MEMORANDUM

TO: DDA BOARD OF DIRECTORS

FROM: JASON SMITH – MAIN STREET/DDA DIRECTOR

SUBJECT: MURAL ORDINANCE

DATE: 9/3/2019

Recommendation: Approve the amendments to APPENDIX A, ARTICLE XXII, Section 22.70 of the City of Eaton Rapids, Michigan Code of Ordinances, establishing an ordinance for the regulation of murals.

The proposed mural ordinance has undergone a revision based upon the feedback from the DDA Board, as well as clarifying some language.

The changes include clarifying the definition of a Limited Message Mural, and removing the 5-year requirement for murals. Additionally, language for the re-application or minor alteration of a mural is allowed without the need to apply for a new mural permit. Lastly, language to allow for the City of Eaton Rapids to set any fees associated with the permitting and enforcement process by resolution.

Your consideration and concurrence are appreciated.

ORDINANCE NO. 2019- ____

An ordinance amending APPENDIX A, ARTICLE XXII, Section 22.70 of the City of Eaton Rapids, Michigan Code of Ordinances, regarding SIGNS AND MURALS.

THE PEOPLE OF THE CITY OF EATON RAPIDS ORDAIN:

Section 22.70.1. Purpose

The City Council adopts this Ordinance to include provisions regarding the allowance of artistic murals on buildings within the Central Business District. A mural is a work of art hand-painted, hand-tiled, or otherwise directly applied on a building or wall. The purpose of this division is to recognize the following mural types: (1) Historic Murals; (2) Original Art Murals; (3) Limited Message Murals; and (4) Ghost Advertisements. All other similar forms of outdoor visual art that do not meet the definitions of these three forms of murals set forth herein shall be regulated as wall signs under APPENDIX A, ARTICLE XXII, pertaining to signs.

Section 22.70.2. Definitions

As used in this chapter, the following words and phrases have the following meanings:

“Historic Art Mural” – Original work of visual art or sign produced by hand that was tiled, painted directly on, or affixed directly to a wall or building prior to the date of adoption of this division.

“Original Art Mural” – Original work of visual art produced by hand that are tiled, painted directly on, or affixed directly to a wall or building.

“Limited Message Mural” – Limited Message Murals are original works of art produced by hand that are tiled, painted directly on, or affixed directly to a wall or building, that presents a worded message.

“Ghost Advertisements” – Original work of visual art produced by hand that are tiled, painted directly on, or affixed directly to a wall or building that advertises a product or service that has been preserved on a building for an extended period of time, and has been restored in such a way that does not alter the original intent or message of the advertisement. Refurbished or restored historic advertisements are deemed to comply with this code.

Section 22.70.3-1. Historic Murals

Historic Murals are original works of visual art or signs produced by hand that were tiled, painted directly on, or affixed directly to a wall or building prior to the date of adoption of this division. Murals that re-create a historic image bearing a relationship to a historic element of Eaton Rapids, not advertising a product, established after the date of the adoption of this section also constitute Historic

Murals. Original Historic Murals and re-creations of historic images are deemed to comply with this Code.

Section 22.70.3-2a. Original Art Murals

This section is intended to allow and encourage content-neutral Original Art Murals. Original Art Murals may not be mechanically produced or computer-generated prints or images, and shall not include the use of digitally printed vinyl. Original Art Murals shall not contain electrical or mechanical components or feature a changing image. Original Art Murals cannot contain text, graphics, or symbols that advertise or promote a business, product, or service; or promote a political candidate or party.

Section 22.70.3-2b. Standards for Original Art Murals

Original Art Murals shall comply with the following standards:

1. Original Art Murals shall not contain a commercial or non-commercial message.2. The Mural shall remain in place, without alteration. The applicant shall attest to this standard on

the permit application. Re-application of paints for routine/regular maintenance is allowed. Any significant alteration to the mural shall constitute a new mural and require a new mural application.

3. No part of any mural shall extend beyond the building wall or freestanding wall on which it is tiled, painted, or affixed.

4. No part of the mural shall extend more than six inches from the plane of the wall upon which it is tiled, painted, or affixed.

5. Only oil-based alkyd enamel or polyurethane, enamel, or newer 100% acrylic exterior paints, or spray paint shall be used to create murals.

6. Murals using spray paint are encouraged to use air brushing to ensure that high quality paint is used.

7. An appropriate clear sealer or a suitable varnish or topcoat is encouraged to be applied to the finished mural. If used, graffiti-resistant sealers shall be chosen.

8. Original Art Murals being applied to a canvas and affixed to a building shall be affixed in such a way that the mural is resistant to falling, breaking, or damaging in any form.

Section 22.70.3-2c. Prohibited Original Art Murals

The following forms of Original Art Mural shall be prohibited

1. Any mural that contains an element that moves, rotates, or otherwise creates a changing imageor message.

2. Any mural that uses flashing or scrolling lights, an internal light source, or other light feature.3. Any mural containing electrical or mechanical components.4. Any mural that is applied to a surface as a vinyl or other non-permanent material.

Section 22.70.3-3a. Limited Message Murals

This section is intended to allow and encourage Limited Message Murals. Limited Message Murals may contain a non-advertisement or non-political message within the mural as approved in the permitting process.

Section 22.70.3-3b. Standards for Limited Message Murals

Limited Message Murals shall comply with the following standards:

1. Limited Message Murals may contain a graphic or written message not exceeding 50 percent of the width of the building or façade, provided that no such graphic or written message shall have an area exceeding 10 percent of the building or tenant façade are as measured at the exterior dimension of the graphic or written message and framing.

2. The mural shall remain in place, without alteration. The applicant shall attest to this standard on the permit application. Re-application of paints for routine/regular maintenance is allowed. Any significant alteration to the mural shall constitute a new mural and require a new mural application.

3. No part of any mural shall extend beyond the building wall or freestanding wall on which it is tiled, painted, or affixed.

4. No part of the mural shall extend more than six inches from the plane of the wall upon which it is tiled, painted, or affixed.

5. Only oil-based alkyd enamel or polyurethane, enamel, or newer 100% acrylic exterior paints, or spray paint shall be used to create murals.

6. Murals using spray paint are encouraged to use air brushing to ensure that high quality paint is used.

7. An appropriate clear sealer or a suitable varnish or topcoat is encouraged to be applied to the finished mural. If used, graffiti-resistant sealers shall be chosen.

Section 22.70.3-3c. Prohibited Limited Messaging Murals

The following forms of Limited Message Murals shall be prohibited

1. Any Limited Message Mural that contains an element that moves, rotates, or otherwise createsa changing image or message.

2. Any Limited Message Mural that uses flashing or scrolling lights, an internal light source, orother light feature.

3. Any Limited Message Mural containing electrical or mechanical components.4. Any Limited Message Mural that is applied to a surface as a vinyl or other non-permanent

material.5. Any Limited Message Mural that promotes, supports, or advertises any business, product, or

service6. Any Limited Message Mural that promotes, supports, or advertises any product that is

prohibited from advertising in traditional media.

7. Any Limited Message Mural that promotes, supports, or advertises any political position, publicpolicy issue, or candidate.

Section 22.70.3-4a. Ghost Advertisements

The section is intended to allow and encourage the rehabilitation or refurbishing of advertisements produced by hand that were tiled, painted directly onto, or affixed directly to a wall or building that advertises a specific product, service, or business that has been preserved on a building for an extended period of time.

Section 22.70.3-4b. Standards for Ghost Advertisements

Ghost Advertisements shall comply with the following standards:

8. No part of any mural shall extend beyond the building wall or freestanding wall on which it istiled, painted, or affixed.

9. No part of the mural shall extend more than six inches from the plane of the wall upon which itis tiled, painted, or affixed.

10. If the Ghost Advertisement is rehabilitated or refurbished, only oil-based alkyd enamel orpolyurethane, enamel, or newer 100% acrylic exterior paints, or spray paint shall be used tocreate murals.

11. Ghost Advertisements being rehabilitated or refurbished using spray paint are encouraged touse air brushing to ensure that high quality paint is used.

12. An appropriate clear sealer or a suitable varnish or topcoat is encouraged to be applied to thefinished mural. If used, graffiti-resistant sealers shall be chosen.

Section 22.70.3-4c. Prohibited Ghost Advertisements

The following forms of Ghost Advertisements shall be prohibited

8. Any Ghost Advertisement that contains an element that moves, rotates, or otherwise creates achanging image or message.

9. Any Ghost Advertisement that uses flashing or scrolling lights, an internal light source, or otherlight feature.

10. Any Ghost Advertisement containing electrical or mechanical components.11. Any Ghost Advertisement that is applied to a surface as a vinyl or other non-permanent

material.12. Any Ghost Advertisement that promotes, supports, or advertises smoking, use of any form of

tobacco.13. Any Ghost Advertisement that promotes, supports, or advertises any product that is prohibited

from advertising in traditional media.

14. Any Ghost Advertisement that promotes, supports, or advertises any political position, publicpolicy issue, or candidate.

Section 22.70.4a. Mural Permitting Process.

This section establishes administrative permitting procedures to allow re-creation, preservation, and maintenance of Historic Murals and Ghost Advertisements, and creation of Original Art Murals and Limited Message Murals. The procedures set forth herein establish standards for review and approval of applications for new murals or those proposed for repainting or other maintenance to ensure the appropriateness of the mural with the context and compliance with this division. Administrative permits for such applications shall encompass review and approval by the Executive Director of the Downtown Development Authority, with confirmation from the Downtown Development Authority Board, relative to the following standards; compliance with all other aspects of this Code shall be subject to application of the Code by the appropriate authoritative person or persons. Applications shall be completed upon forms provided by the City of Eaton Rapids.

Any fees associated with the application and/or permitting process shall be established from time to time by resolution of the Eaton Rapids City Council.

Section 22.70.4b. Standards to be Used to Process Mural Applications.

1. The Executive Director of the Downtown Development Authority shall consider the size, scale,and relationship of a mural to the historic context in the case of Historic Murals.

2. Original Art Murals and Limited Message Murals may or may not bear any relationship to theEaton Rapids context.

3. Repainting of historic murals and ghost advertising shall be guided by exacting documentationconcerning the mural.

4. A plan for maintenance and exact repainting according to the plan of the original artist shall besubmitted with the application. The exact matching of color and application technique shall bespecified in the plan.

5. Any mural proposed must be on a wall surface that will not mar a key historic feature and will becompatible with the streetscape.

6. The image of any ghost advertisement shall be stabilized using appropriate preservationtechniques and shall remain otherwise unchanged.

7. The standards of this division applicable to each mural type shall be considered.

Section 22.70.5. Limitations

Murals shall be limited to commercial buildings located within the Central Business District only.

Section 22.70.6a.

It is hereby declared to be the intention of the Mayor and Council that all sections, paragraphs, sentences, clauses, and phrases of this ordinance are or were, upon their enactment, believed by the Mayor and Council to be fully valid, enforceable and constitutional.

Section 22.70.6b.

It is hereby declared to be the intention of the Mayor and Council that, to the greatest extend allowed by law, each and every section, paragraph, sentence, clause or phrase of this Ordinance is severable from every other section, paragraph, sentence, clause or phrase of this Ordinance. It is hereby further declared to be the intention of the Mayor and Council that, to the greatest extent allowed by law, no section, paragraph, sentence, clause or phrase of this Ordinance is mutually dependent upon any other section, paragraph, sentence, clause or phrase of this Ordinance.

Section 22.70.6c.

In the event that any section, paragraph, sentence, clause or phrase of this Ordinance shall, for any reason whatsoever, be declared invalid, unconstitutional, or otherwise unenforceable by the valid judgment or decree of any court of competent jurisdiction, it is the express intent of the Mayor and Council that such invalidity, unconstitutionality, or unenforceability shall, to the greatest extent allowed by law, not render invalid, unconstitutional or otherwise unenforceable any of the remaining sections, paragraphs, sentences, clauses or phrases of this Ordinance and that, to the remaining sections, paragraphs, sentences, clauses or phrases of this Ordinance shall remain valid, constitutional, enforceable, and of full force and effect.

Section 22.70.7.

All ordinances and parts of Ordinances in conflict herewith are hereby expressly repealed.

Section 22.70.8.

This Ordinance shall become effective upon its adoption by the Mayor and Council.

Section 22.70.9.

The Ordinance shall be codified in a manner consistent with the laws of the State of Michigan and the City of Eaton Rapids.

Section 22.70.10.

It is the intention of the governing body, and it is hereby ordained that the provisions of this Ordinance shall become and be made part of the Code of Ordinances, City of Eaton Rapids, Michigan and sections of this Ordinance may be renumbered to accomplish such intention.

Section 22.70.11.

This Ordinance takes effect thirty (30) days from the date of adoption.

First Reading:

Second Reading/Adoption:

This Ordinance having been properly considered and adopted by the City Council of the City of Eaton Rapids, Michigan, the same hereby APPROVED this ___ day of _______________, 20__.

CITY OF EATON RAPIDS, MICHIGAN ATTEST:

____________________________

Paul Malewski, Mayor Laura Boomer, Clerk

APPROVED AS TO FORM:

City Attorney

MEMORANDUM

TO: DDA BOARD OF DIRECTORS

FROM: JASON SMITH – MAIN STREET/DDA DIRECTOR

SUBJECT: DDA BYLAWS AMENDMENTS (SECOND READING/FINAL ADOPTION)

DATE: 9/3/2019

Recommendation: Approve the SECOND READING and FINAL ADOPTION of the Amendments to the DDA Bylaws.

Pursuant to PA57 of 2018, there are new reporting guidelines and informational meeting requirements. First pertains to Article III. Adding Section 7.1 establishes the requirement to hold, at minimum two (2) informational meetings. Second pertains to Article VII, adding Section 2.1, establishing a requirement to submit the TIF plan to the Michigan Department of Treasury, it not already done so. It also establishes that the plan be resubmitted if it is ever altered, amended, changed in any way, or replaced.

Your consideration and concurrence are appreciated.

BYLAWS GOVERNING

THE DOWNTOWN DEVELOPMENT AUTHORITY

OF THE CITY OF EATON RAPIDS

ARTICLE I

PURPOSES

Section 1, Statement of purposes. The purpose or purposes for which the

Authority is organized are as follows: To act as a downtown development authority in

accordance with Chapters 8 ¼ and 19 ½ of the Eaton Rapids City Code; Act 57 of the

Public Acts of 2018; and Act 197 of the Public Acts of 1975, as amended; including but

not limited to; to correct and prevent deterioration in downtown district; to encourage

historical preservation; to create and implement development plans, to promote the

economic growth; to encourage the expansion of commercial enterprises. In furtherance

of these purposes, the Authority shall have all of the powers which now are or hereafter

may be, conferred by law on authorities organized under Act 227, Public Acts of 1972,

Act 149, Public Acts of 1911; Act 202, Public Acts of 1943; Act 94, Public Acts of 1933;

Act 344, Public Acts of 1945; Act 57 of the Public Acts of 2018, as amended; and

particularly the powers granted by Act 197, Public Acts of 1975, and especially Section

7 thereof, to wit:

(a) Prepare an analysis of economic changes taking place in the downtown

district.

(b) Study and analyze the impact of metropolitan growth upon the downtown

district.

(c) Plan and propose the construction, the renovation, repair, remodeling,

rehabilitation, restoration, preservation, or reconstruction of a public

facility, an existing building, or a multiple-family dwelling unit which may

be necessary or appropriate to the execution of a plan which, in the

opinion of the Board, aids in the economic growth of the downtown

district.

(d) Plan, propose, and implement an improvement to a public facility within

the development area to comply with the barrier free design requirements

of the state construction code promulgated under the state construction

code act of 1972, Act. No. 230 of the Public Acts of 1972, being sections

124.1501 to 125.1531 of the Michigan Compiled Laws.

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(e) Develop long-range, plans, in cooperation with the agency which is chiefly

responsible for planning in the municipality, designed to halt the

deterioration of property values in the downtown district and to promote

the economic growth of the downtown district, and take such steps as

may be necessary to persuade property owners to implement the plans to

the fullest extent possible.

(f) Implement any plan of development in the downtown district necessary to

achieve the purposes of Act 197, in accordance with the powers of the

Authority as granted by Act ‘197.

(g) Make and enter into contracts necessary or incidental to the exercise of its

powers and the performance of its duties

(h) Acquire by purchase or otherwise, on terms and conditions and in manner

the Authority deems proper or own, convey, or otherwise dispose of, or

lease as lessor or lessee, land and other property, real or personal, or

rights or interests therein, which the Authority determines is reasonably

necessary to achieve the purposes of this, and to grant or acquire

licenses, easements, and options with respect thereto.

(i) Improve land and construct, reconstruct, rehabilitate, restore and

preserve, equip, improve, maintain, repair, and operate any building,

including multiple-family dwellings, and any necessary or desirable

appurtenances thereto, within the downtown district for the use, in whole

or in part, of any public or private person or corporation, or a combination

thereof.

(j) Fix, charge, and collect fees, rents, and charges for the use of any

building or property under its control or any part thereof, or facility therein,

and pledge the fees, rents, and charges for the payment of revenue bonds

issued by the Authority.

(k) Lease any building or property under its control, or any part thereof.

(l) Accept grants and donations of property, labor, or other things of value

from a public or private source.

(m) Acquire and construct public facilities.

Subject to any amendments to said statute either increasing or diminishing the powers

of downtown development authorities formed thereunder.

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Section 2, Development of work plans. The mission of the program will be

achieved through the board’s commitment to the Michigan Main Street’s Work Plan

process, using its four-point approach through the organization committee, promotion

committee, design committee, and the economic vitality committee.

ARTICLE II

OFFICES

Section 1. Offices. The Authority may have such offices as the Board may

determine, or the affairs of the Authority may require from time to time.

ARTICLE III

BOARD

Section 1. General Powers. The affairs of the Authority shall be managed by its

Board.

Section 2. Number, Tenure and Qualifications. The Board of the Authority shall

consist of nine (9) persons, the Mayor of Eaton Rapids and, eight (8) members. The

members shall be appointed for a term of four (4) years. At least five of the members

shall be persons having an interest in a business or property located in the downtown

district. At least one of the members shall be a resident of the downtown district, so long

as the district has 100 or more persons residing within it. At any time the total

membership cannot have more than three (3) at large members who do not fulfill these

other requirements.

Section 3. Selection of Board Members. The Mayor of the City of Eaton Rapids

with the advice and consent of the City Council, shall appoint the members of the Board.

Subsequent Board members shall be appointed in the same manner as the original

appointments at the expiration of each member’s term of office.

Section 4. Expiration of Term; Continuation in. Office; Reappointment; Filling

Vacancies. Members whose term of office has expired shall continue to hold office until

his/her successor has been appointed with the advice and consent of the City Council to

serve additional terms. If a vacancy is created by the death, resignation, or removal of a

member, a successor shall be appointed with the advice and consent of the City Council

within thirty (30) days to hold office for the remainder of the term so vacated.

Section 5. Removal. Pursuant to notice and an opportunity to be heard by the

Chair and rest of the DDA membership, a member may be removed from office for

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inefficiency, neglect of duty, misconduct, malfeasance, accumulation of two (2) or more

unexcused absences in a twelve (12) month period, or any other good cause by a

majority vote of the DDA Membership.

Section 6. Disclosure of Interests. A board member who has a direct interest in

any matter before the Authority shall disclose his/her interest prior to the Authority taking

any action with respect to the matter, which disclosure shall become a part of the record

of the Authority’s official proceedings. Further, any member making such disclosure,

shall then refrain from participating in the Authority’s decision making processes relative

to such matter.

Section 7. Annual Meeting. The annual meeting of the Board shall be the first

regular meeting of the DDA to occur after January 1st of each calendar year, and shall

include the election of officers. If the election of officers shall not be held at this first

regular meeting, than the day designated herein for any annual meeting or any

adjournment thereof, the Board shall cause the election to be held at a regular or

special meeting of the Board within 90 days of the annual meeting.

Section 7.1. Informational Meeting. Pursuant to MCL 125.4910(4): The board shall hold at least two (2) informational meetings for the public. Notice must be published on the municipality’s or authority’s website not less than 14 days before the date of the informational meeting. Notice must also be mailed not less than 14 days before the informational meeting by the authority to the governing body of each taxing jurisdiction levying taxes that are subject to capture. As an alternative to mailing notice, the authority may notify the clerk of the governing body of each taxing jurisdiction by electronic mail.

Section 8. Regular Meetings. Regular meetings of the Board shall be held at

such time and place as the Board shall from time to time determine.

Section 9. Special Meetings. Special meetings of the Board may be called by or

at the written request of the chairman or any two members. The person or persons

authorized to call special meetings of the Board may fix any place as the place for

holding any special meetings of the Board called by them.

Section 10. Notice of Meetings. Except as otherwise provided by law, all

meetings shall be preceded by public notice in accordance with Public Act 267 of the

Public Acts of 1976, as amended.

Section 11. Quorum and Voting. A majority of the members of the Board then in

office shall constitute a quorum for the transaction of business. In the event that

effective membership is reduced because of Disclosure of Interest (Article III, Section

6), a majority of the remaining members of the Board then in office shall constitute a

quorum for the transaction of business.

Except in those cases where a larger majority is required by law, no motion,

resolution or action shall be adopted or passed, nor shall any appointment be made, nor

any person removed from office as permitted by these Rules, except by the affirmative

vote of at least five (5) members of the Board.

Section 12. Public Meetings. The meetings of the Board ‘shall be public.’

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Section 13. Compensation of Members. Members of the Board shall serve

without compensation, but shall be reimbursed for actual and necessary expenses

subject to authorization by a vote of two-thirds of the majority of the Board members

then qualified to vote.

ARTICLE IV

OFFICERS

Section 1. Officers. The officers of the Authority shall be a chairman and vice

chairman.

Section 2. Election and Terms of Office. Officers of the Authority shall be elected

annually by the Board at the regular annual meeting of the Board. If the election of

officers shall not be held at such meeting, such election shall be held within 90 days of

such meeting. Each officer shall hold office until his/her successor shall have been duly

elected and shall have qualified.

Section.3. Removal. Any officer elected or appointed by the Board may be

removed by the Board whenever in its judgment the best interests of the Authority would

be served thereby.

Section 4. Vacancies. A vacancy in office because of death, resignation,

removal, disqualification or otherwise, may be filled by the Board for the unexpired

portion of the term.

Section 5. Chairman. The chairman shall preside at all meetings of the Board

and shall discharge the duties of the presiding officer.

Section 6. Vice-Chairman. In the absence of the chairman or in event of his/her

inability or refusal to act, the vice-chairman shall perform the duties of the chairman, and

when so acting, shall have all the powers of and be subject to all the restrictions upon

the chairman. Any vice-chairman, shall perform such other duties as from time to time

may be assigned to him/her by the chairman or by the Board.

Section 7. Treasurer. The Board shall appoint a member who shall liaison with

the City Treasurer to keep the financial records of the Authority and who, together with

the Director, shall approval all vouchers for the expenditure of funds of the Authority.

The Treasurer shall in general perform all the duties incident to the office of treasurer

and such other duties as shall be assigned from time to time by the Board.

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Section 8. Secretary. The Board shall appoint a secretary, who shall maintain custody of the

official seal and of records, books, documents, or other papers not required to be maintained by the

treasurer. The secretary shall attend meetings of the Board and keep a record of its proceedings.

The secretary shall work the City Clerk to see that all notices are duly given in accordance with the

provisions of these rules or as required by law. The secretary shall also perform all duties incident to

the office of secretary and such other duties as from time to time may be assigned by the Board.

Section 9. Employment of Personnel. The Board may employ personnel as deemed

necessary by the Board. Such personnel may include, but not be limited to, a director, legal counsel,

and/or any other support staff necessary to achieve the desired goals of the DDA.

Section 9.1. Executive Director. The Board may employ and fix the compensation of an

Executive Director. The director shall serve at the direction of the Board. A member of the Board

shall not hold the position of director while serving on the Board. The director shall supervise, and be

responsible for the preparation of plans and the performance of the functions of the Authority. The

director shall attend the meetings of the Board, and shall render to the Board a regular report

covering the activities and financial condition of the authority. The director shall furnish the Board

with information or reports governing the operation of the Authority as the Board requires. If the

director is absent or disabled, the Board may delegate his/her functions and responsibilities to any

person otherwise qualified under this section. Such other person shall be designated as the acting

director. The Director shall subscribe to the constitutional oath, as administered by the City Clerk; pursuant to Public Act 57 of 2018, 125.4205 sec. 205 (1).

Section 9.1.1. Executive Director Bond. The Executive Director shall furnish bond, by posting a bond in the penal sum determined in the ordinance establishing the authority, payable to the authority, for use and benefit of the authority approved by the board, and filed with the municipal clerk. The premium on the bond shall be deemed an operating expense of the authority, payable from funds available to the authority for expenses and operation; pursuant to Public Act 57 of 2018, 125.4205 sec. 205 (1).

Section 9.2. Legal Counsel. The Board may retain legal counsel to advise the Board in the

proper performance of its duties and to represent the Authority in actions brought by or against the

Authority.

ARTICLE V

COMMITTEES

Section 1. Committees and Subcommittees. The Board, by resolution adopted by a majority of

the members, may designate and appoint one or more committees, each of which shall consist of

two or more members, which committees shall have and exercise such authority as shall be granted

to them by such resolution; provided, however, such committee shall not have the power or authority

to adopt an agreement of merger or consolidation or an agreement for the sale, lease or exchange of

all, or substantially all of the Authority’s property and assets, dissolve the Authority or amend the

rules of the Authority. Except as otherwise provided in such resolution, committee or subcommittee

membership shall be approved by the Chair or other designated representatives of the

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Authority. Any member may be removed by the person or persons authorized to appoint

such member whenever in their judgment the best interests of the Authority shall be

served by such removal.

Section 2. Term of Office. Each member of a committee shall continue as such

until the next annual meeting of the members of the Authority and until his/her

successor is appointed, unless the committee shall be sooner terminated, or unless

such member be removed from such committee, or unless such member shall cease to

qualify as a member thereof.

Section 3. Chairman. One member of each committee shall be appointed

chairman by the person or persons authorized to appoint the members thereof.

ARTICLE VI

CONTRACTS, CHECKS, DEPOSITS AND FUNDS

Section 1. Contracts. The Board may authorize the chairman, agent or agents of

the Authority, to enter into any contract or execute and deliver any instrument in the

name of and on behalf of the Authority, and such authorization may be general or

confined to specific instances.

Section 2. Checks, Drafts, etc. All checks, drafts or orders for the payment of

money, notes or other evidences of indebtedness issued in the name of the Authority,

shall be submitted in the form of a purchaser order request to the City Treasurer, who

will issue the check in the name of the Authority.

Section 3. Deposits. All funds of the Authority shall be immediately deposited to

the credit of the Authority in such banks, trust, companies or other depositories as the

Board may select.

Section 4. Gifts. The Board may accept on behalf of the Authority any

contribution, gift, bequest or devise for the general purposes or for any special purposes

of the Authority.

ARTICLE VII

BOOKS AND RECORDS

Section 1. Books and Record Keeping. The Authority shall keep correct and

complete books and records of account and shall also keep minutes of the proceedings

of its members, Board and committees having any of the powers of the Board, and shall

keep at the principal office a record giving the names and addresses of the members

entitled to vote. All books and records of the Authority shall he open to the public at all

times. An annual audit shall be

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conducted by an independent Certified Public Accountant and published, and shall be in compliance with

Public Act No. 2 of 1968 and Public Act 621 of 1978.

Section 2. Reporting. The Authority shall submit a report, on a form to be provided by Department of Treasury, to the municipality, the governing body of each taxing unit levying taxes which are subject to capture by the authority, and the Department of Treasury no later than 180 days after the end of the Authority's fiscal year. The report shall contain all required information pursuant to MCL 125.4911(1).

Section 2.1 TIF Plan Reporting. Authority must send a copy or an electronic mail link of its currently adopted development plan or its currently adopted tax increment finance plan, if separate from the development plan, to the Department of Treasury. This plan shall be re-submitted upon any amendments, changes, or alterations of the plan; pursuant to MCL 125.4912.

ARTICLE VIII

FISCAL YEAR

The fiscal year of the corporation shall begin on the first day of July and end on the last day of

June in each year.

ARTICLE IX

AMENDMENTS TO RULES

These rules may be altered, amended or repealed and new rules may be adopted by a majority of

the members present at any regular meeting if written notice is given of intention to alter, amend or repeal

or to adopt new rules at such meeting. The full nature of the rule change shall be included in the notice.

Adoption of rule changes shall require affirmative votes by the majority of the members appointed.

ARTICLE X

PARLIAMENTARY AUTHORTIY

The rules contained the current edition of Robert’s Rules of Order shall govern the Board in all

cases to which they are applicable and in which they are not inconsistent with these bylaws and any

special rules of order the Board may adopt.

Adopted by the Eaton Rapids Downtown Develop Authority Board on the 8th of February, 2019.

__________________________

Don McNabb, Chairman

__________________________

Bill DeFrance, Vice Chair

MEMORANDUM

TO: DDA BOARD OF DIRECTORS

FROM: JASON SMITH – MAIN STREET/DDA DIRECTOR

SUBJECT: PETTIT HARDWARE MURAL

DATE: 9/3/2019

Recommendation: Approve increase of $2,000 for completion of the Pettit Hardware Mural.

The Pettit Hardware Mural artist has approached the Quality of Life Director with the need for additional funding in the amount of $2,000. Funding will come from the ENRICHMENT PROGRAMMING fund, $1,000 from DDA contribution and $1,000 from the Friends of the Island contribution.

Your consideration and concurrence are appreciated.

MEMORANDUM

TO: DDA BOARD OF DIRECTORS

FROM: JASON SMITH – MAIN STREET/DDA DIRECTOR

SUBJECT: GAR PARK FOOTBRIDGE/SEAWALL AND RIVERWALK

DATE: 9/5/2019

Recommendation: Approve $150,000 in matching funds for CDBG funding to replace the GAR Park footbridge and seawall, and construction of the Riverwalk.

The City of Eaton Rapids is currently engaged in applying for CDBG funding to begin construction of the proposed Riverwalk, as well as replacement of the GAR Park footbridge and replacement of the GAR Park seawall. As part of the CDBG requirements, there is a local match. The City has approached the DDA for a commitment of $150,000 from the Capital Improvements fund to help reach the local match requirements.

Your consideration and concurrence are appreciated.

MEMORANDUM

TO: DDA BOARD OF DIRECTORS

FROM: JASON SMITH – MAIN STREET/DDA DIRECTOR

SUBJECT: MICHIGAN DOWNTOWN ASSOCIATION

DATE: 9/3/2019

Recommendation: Approve membership in the Michigan Downtown Association - $200.00 membership fee.

The Michigan Downtown Association is a valuable resource for DDAs to utilize for legislation advocacy, revitalization efforts, education, and cooperation. In discussions I’ve had with the MEDC and other DDA heads, the MDA has been recommended to me on numerous occasions.

Membership fees are based on budget, and the current membership fee for Eaton Rapids is $200.00.

Your consideration and concurrence are appreciated.

MEMBERSHIP RATES MUNICIPAL OR PUBLIC AGENCY This category includes any downtown agency such as a DDA, TIF, PSD, etc., along with cities, villages, and townships. The dues amount is based only on the overall DDA or downtown budget.

Under $99,000 $125$100,000-$249,999 $200$250,000-$499,999 $250$500,000-$999,999 $475$1,000,000+ $600

BUSINESSDues are based on the number of employees in the member business.1-50 employees: $30051+: $400

NON-PROFIT: $150This category includes any non-profit that is not associated with a public agency or municipality.

INDIVIDUAL (NON-BUSINESS): $100

STUDENT: $50This category is valid only for students currently enrolled in college or high school.

MEMBERSHIP OPTIONS

Strengthening Downtowns

COVER: DOWNTOWN HOWELL, PHOTO COURTESY OF RICHARD LIM PHOTOGRAPHY

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Michiga

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ABOUT MDAFounded in 1980, the Michigan Downtown Association (MDA) is a state-wide, non-profit organization and a driving force in the interest and growth of downtowns and communities throughout Michigan. The MDA encourages the development, redevelopment, and continuing improvement of Michigan communities and downtowns. Its members support economic development throughout the State of Michigan.

WHY BECOME AN MDA MEMBER?As a member of the Michigan Downtown Association (MDA), you will be part of a statewide network of downtown agencies, municipalities, businesses, individuals, and others who are committed to promoting and supporting the development, revitalization, improvement, and growth of Michigan communities and downtowns. The Michigan Downtown Association’s mission is to strengthen downtowns. We do this by providing our members with advocacy support, education, and networking opportunities throughout the year. Benefits of membership include:

ADVOCACY VISIBILITY

EDUCATION RESOURCES

NETWORKING

ADVOCACYMembers receive critical legislative support and advocacy assistance through the MDA’s lobbying efforts at both the state and federal levels of government. The MDA holds an annual advocacy day for members in Lansing, where they have the opportunity to meet their representatives and receive updates on legislation and initiatives that may affect downtowns.

EDUCATIONEnjoy continuing education through MDA’s annual statewide conference, two workshops per year, and professional certification opportunities.

NETWORKINGStay connected with your colleagues and find new opportunities through our online membership directory, Member Discussion Board (for members-only), and by attending three major events yearly, including a one-day workshops and a two-day annual conference. Each event highlights an important topic for downtown professionals and provides opportunities to meet new colleagues, reconnect with peers, and learn critical best practices for downtown professionals.

VISIBILITYDiscover partnership opportunities and grow your successes through co-op advertising initiatives.

RESOURCESReceive members-only access to the MDA’s web site with features that include regular email communications, message/discussion boards for a variety of topics and questions, a personal account with dashboard, access to state lawmakers, important documents, event presentations, and more.

JOINING MDAThe MDA offers affordable membership categories. The membership year is October 1-September 30, which coincides with the MDA’s fiscal year. Memberships may be paid online via PayPal or completed by filling out the attached application and submitting it with a check for the appropriate amount of dues to:

MICHIGAN DOWNTOWN ASSOCIATIONGERARD J. DETTLOFF, EXECUTIVE DIRECTORP.O. BOX 82369ROCHESTER, MI 48308-2369

DOWNTOWN FARMINGTON DOWNTOWN PLYMOUTH DOWNTOWN KALAMAZOO

CONTACT USwww.michigandowntowns.com

248.838.9711 info@michigandowntowns.com

facebook.com/michigandowntowns twitter.com/MIDowntownAssn

MEMORANDUM

TO: DDA BOARD OF DIRECTORS

FROM: JASON SMITH – MAIN STREET/DDA DIRECTOR

SUBJECT: PA57-REQUIRED DDA INFORMATIONAL MEETINGS

DATE: 9/3/2019

Recommendation: Establish the dates for the 2019 and 2020 informational meetings as required by PA57 of 2018.

Effective January 1, 2019, PA57 of 2018, MCL 125.4910(4) states that Downtown Development Authorities are required to hold 2 informational meetings that are open to the public.

The board of an authority shall hold at least 2 informational meetings (which may be held in conjunction with other public meetings of the authority or municipality). Notice must be published on the municipality’s or authority’s website not less than 14 days before the date of the informational meeting. Notice must also be mailed not less than 14 days before the informational meeting by the authority to the governing body of each taxing jurisdiction levying taxes that are subject to capture. As an alternative to mailing notice, the authority may notify the clerk of the governing body of each taxing jurisdiction by electronic mail.

It is recommended that two meetings each year be moved from their usual start time to an evening start time, and take place immediately following the regular DDA Board meeting dates below:

October 11, 2019 at 6pm

December 13, 2019 at 6pm

January 10, 2020 at 6pm (including election of DDA Board Officers)

July 10, 2020 at 6pm

Your consideration and concurrence are appreciated.