City Commission Meeting

OFFICIAL PROCEEDINGS OF THE City Commission OF THE CITY OF GRAND RAPIDS, MICHIGAN Regular Session, August 23, 2022 CALL TO ORDER Commission was called to order by Mayor Rosalynn Bliss at 5:31 PM. ROLL CALL Present: Mayor Bliss, Commissioner Lenear, Commissioner O’Connor, Commissioner Jones, Commissioner Ysasi, Commissioner Reppart, Commissioner Moody Absent: None. The roll was called by the City Clerk. MINUTES APPROVAL On the motion of Com. Kurt Reppart, supported by Com. Nathaniel Moody, the reading of the minutes of the Regular Session of August 9, 2022 was waived and said minutes were accepted as presented. Carried. PETITIONS AND COMMUNICATIONS 91943 Result: Referred to Committee on Appointments. Communication from Bryndan Arnold regarding their resignation from the Grand Rapids Police Civilian Appeals Board. 91944 Result: Referred to Committee on Appointments. Communication from Stacie Behler regarding their resignation from the City Planning Commission. REPORTS OF CITY OFFICERS 91945 Result: Received and Filed. Comptroller’s report for the period of July 27, 2022 through August 9, 2022 in the amount of $139,776,690.07. 91946 Result: Received and Filed. Treasurer’s report for the period of July 28, 2022 through August 9, 2022. 1  AUGUST 23, 2022 CITY COMMISSION 2 CONSENT AGENDA A. CONSENT AGENDA 91947 Result: Adopted. Mover: O’Connor. Supporter: Reppart. Adoption of the following items under the consent agenda. B. COMMITTEE ON APPOINTMENTS 91948 Result: Adopted. Mover: O’Connor. Supporter: Reppart. RESOLVED, that Mayor Bliss’ appointment of Christina Arnold to the Board of Art and Museum Commissioners for the remainder of a four-year term ending January 5, 2026, be confirmed. C. FISCAL COMMITTEE 91949 Result: Adopted. Mover: O’Connor. Supporter: Reppart. WHEREAS: 1. The approval was for the not-to-exceed amount of $102,869 and capital program 5901122071 for various facilities improvements at the WRRF; and 2. Environmental Services is requesting a budget substitution to transfer funding into this program in the amount of $102,869; therefore RESOLVED that the aforementioned Budget Substitution in the amount of $102,869 be approved and the Budget Office is authorized to execute necessary adjustments on behalf of the City. 91950 Result: Adopted. Mover: O’Connor. Supporter: Reppart. WHEREAS: 1. On June 21, 2022 (Proceeding No. 91799), the City Commission approved an amendment and authorizing expenditures to the Professional Services Agreement with The Christman Company in connection with the project Biodigestion with Combined Heat and Power at the Water Resource Recovery Facility. 2. It is necessary to supplement the project budget for Biodigestion with Combined Heat and Power at the Water Resource Recovery Facility by transferring previously approved budget amounts of $1,295,959 from the Sewer System Fund Infrastructure Investment Project account; therefore  3 CITY COMMISSION AUGUST 23, 2022 RESOLVED: 1. That the aforesaid Budget Substitution in the amount of $1,295,959 for Biodigestion with Combined Heat and Power at the Water Resource Recovery Facility be approved and the Budget Office is authorized to execute the transfer on behalf of the City. 91951 Result: Adopted. Mover: O’Connor. Supporter: Reppart. WHEREAS: 1. The Environmental Services Department operates a renewable natural gas conditioning system at the Water Resource Recovery Facility; and 2. The renewable natural gas system requires specialized maintenance and testing to operate at peak performance; and 3. HESCO is qualified to perform these tasks at an annual not to exceed cost of $152,750; therefore RESOLVED: 1. That the City Commission authorizes a one-year agreement with HESCO for a not to exceed cost of $152,750 to perform specialized maintenance and testing of the renewable natural gas conditioning system at the Water Resource Recovery Facility; and 2. That upon approval as to form by the City Attorney, the Mayor, and City Clerk are hereby authorized and directed to execute the agreement on behalf of the City; and 3. That the City Comptroller is hereby authorized and directed to make payment, in amounts and to said payees, as the Environmental Services Department requests in connection with the aforementioned services; and 4. That all resolutions and parts of resolutions in conflict herewith shall be, and the same are, rescinded. 91952 Result: Adopted. Mover: O’Connor. Supporter: Reppart. WHEREAS: 1. On July 12, 2022 (Proceeding No. 91855), the City Commission approved awarding a contract to Allied Mechanical Services, Inc. and authorizing expenditures in connection with the project Improvements to Final Effluent Water (FEW) Supply Line at the Water Resource Recovery Facility.  AUGUST 23, 2022 CITY COMMISSION 4 2. It is necessary to supplement the project budget for Improvements to Final Effluent Water (FEW) Supply Line at the Water Resource Recovery Facility by transferring previously approved budget amounts of $768,445 from the Sewer System Fund Infrastructure Investment Project account; therefore RESOLVED: 1. That the aforesaid Budget Substitution in the amount of $768,445 for Improvements to Final Effluent Water (FEW) Supply Line at the Water Resource Recovery Facility be approved and the Budget Office is authorized to execute the transfer on behalf of the City. 91953 Result: Adopted. Mover: O’Connor. Supporter: Reppart. RESOLVED: 1. That the City is authorized to enter into a three-year contract for employee assistance program services between the City of Grand Rapids and Ulliance, Inc.; and 2. That the City shall pay Ulliance, Inc. no more than $126,144 in return for said services; and 3. That upon approval as to form by the City Attorney, the Mayor is hereby authorized to execute the contract. 91954 Result: Adopted. Mover: O’Connor. Supporter: Reppart. WHEREAS: 1. On July 26, 2022 (Proceeding No. 91888), the City Commission approved an increase in the scope of work and authorized expenditures in connection with the project Improvements and Tank Painting at Knapp, Leonard, and Cambridge Tanks. 2. It is necessary to supplement the project budget for Improvements and Tank Painting at Knapp, Leonard, and Cambridge Tanks by transferring previously approved budget amounts of $23,100 from the Water System Fund Infrastructure Investment Project account; therefore RESOLVED: 1. That the aforesaid Budget Substitution in the amount of $23,100 for Improvements and Tank Painting at Knapp, Leonard, and Cambridge Tanks be approved and the Budget Office is authorized to execute the transfer on behalf of the City.  5 CITY COMMISSION AUGUST 23, 2022 91955 Result: Adopted. Mover: O’Connor. Supporter: Reppart. WHEREAS: 1. On June 21, 2022 (Proceeding No. 91812), the City Commission approved an agreement with the Michigan Department of Transportation and authorizing expenditures in connection with the project Reconstruction of Ottawa Avenue from Newberry Street to Mason Street and from Walbridge Street (Vacated) to Coldbrook Street. 2. It is necessary to supplement the project budget for Reconstruction of Ottawa Avenue from Newberry Street to Mason Street and from Walbridge Street (Vacated) to Coldbrook Street by transferring previously approved budget amounts of $493,195 from the Sewer System Fund Infrastructure Investment Project account; therefore RESOLVED: 1. That the aforesaid Budget Substitution in the amount of $493,195 for Reconstruction of Ottawa Avenue from Newberry Street to Mason Street and from Walbridge Street (Vacated) to Coldbrook Street be approved and the Budget Office is authorized to execute the transfer on behalf of the City. 91956 Result: Adopted. Mover: O’Connor. Supporter: Reppart. WHEREAS: 1. On June 21, 2022 (Proceeding No. 91803), the City Commission approved a Financing Agreement between the City of Grand Rapids and the City of Walker in connection with the Water Main in O'Brien Road, Four Mile Road, and Leonard Street (Walker Water Main Looping Project). 2. It is necessary to supplement the project budget for Water Main in O'Brien Road, Four Mile Road, and Leonard Street (Walker Water Main Looping Project) by transferring previously approved budget amounts of $125,000 from the Water System Fund Infrastructure Investment Project account; therefore RESOLVED: 1. That the aforesaid Budget Substitution in the amount of $125,000 for Water Main in O'Brien Road, Four Mile Road, and Leonard Street (Walker Water Main Looping Project) be approved and the Budget Office is authorized to execute the transfer on behalf of the City.  AUGUST 23, 2022 CITY COMMISSION 6 91957 Result: Adopted. Mover: O’Connor. Supporter: Reppart. RESOLVED: 1. That the Mayor is hereby authorized to sign an Intergovernmental Agreement with West Michigan Regional Medical Consortium (WMRMC), after approval by the City Attorney, for the purpose of delineating the relationship and responsibilities between the WMRMC and the City of Grand Rapids, and the Region 6 Homeland Security Planning Board, regarding the FY2021 Homeland Security Grant Program and use of Grant Program funds, including but not limited to, the purchase, use, and tracking of equipment purchased with Grant Program funds, purchase or reimbursement of services with Grant Program funds, and/or reimbursement for certain salaries and/or backfill/overtime with Grant Program funds; and 2. That the Mayor is hereby authorized, after approval by the City Attorney, to execute other documents necessary to obtain and fulfill the grant requirements, and to take other actions necessary to fulfill the grant requirements; and 3. That the term of the agreement is from the date of execution through May 31, 2024, the FY 2021 Homeland Security Grant. 91958 Result: Adopted. Mover: O’Connor. Supporter: Reppart. RESOLVED: 1. That the City Commission authorizes the acceptance of a grant award in an amount up to, but not to exceed $600,000 from the U.S. Department of Justice (DOJ) for the FFY 2022 Byrne Discretionary Grants Program (BDGP) to be used toward the operation of Cure Violence Grand Rapids. 91959 Result: Adopted. Mover: O’Connor. Supporter: Reppart. WHEREAS, the Fiscal Committee has considered the attached bids; therefore RESOLVED that contracts be prepared between the City and the following vendors, and that the Mayor be authorized to sign the contracts on behalf of the City, as follows, in a form to be approved by the City Attorney: 1. Couriered, LLC One-year term contract with two, one-year renewal options for continued daily courier services for various City departments for an annual “not-to- exceed” amount of $65,000.00.  7 CITY COMMISSION AUGUST 23, 2022 2. Well Design Studio Agreement for election communications and marketing services for the City Clerk’s Office for a “not-to-exceed” amount of $69,875.00. 3. Kent County CMH Authority (dba Network 180) One-year term contract with two, one-year renewal options for Homeless Outreach Team (HOT) services for the Fire Department for the annual “not- to-exceed” amount of $395,999.00. FURTHER RESOLVED that the Purchasing Agent be authorized to proceed with awards to the following vendors: 4. Grand Rapids Electric Motor Service, LLC (dba EMS Grand Rapids) Repair of a motor for pump 1 located at MAPS for the Environmental Services Department in the amount of $76,958.43, as per the terms and conditions of the existing contract. 5. Cellebrite, Inc. One-year term contract with two, one-year renewal options for an annual licensing subscription for the Police Department for the first-year annual amount of $12,286.90. Future contract renewals will be executed at the pricing received from Cellebrite for each renewal period. 6. AIS Construction Equipment O.E.M. (Original Equipment Manufacturer) authorized service center is recommended to repair a John Deere 644H Loader for the Fleet Management Department for the amount of $10,122.30. D. COMMUNITY DEVELOPMENT COMMITTEE 91960 Result: Adopted. Mover: O’Connor. Supporter: Reppart. WHEREAS the City of Grand Rapids Mobile GR Department is the implementing agency for the regional traffic signal control system which has obtained federal grant funds for Phase 17 of the traffic signal optimization project; therefore RESOLVED: 1. That the agreement between the City of Grand Rapids and the Michigan Department of Transportation in connection with the aforesaid project is approved; and 2. That the Mayor is authorized to execute the aforesaid agreement on behalf of the City of Grand Rapids, after approval of same by the City Attorney; and 3. That expenditures are authorized in an amount not to exceed $60,000 to cover the local match of the project costs; and  AUGUST 23, 2022 CITY COMMISSION 8 4. That the City Comptroller is hereby authorized and directed to make payment, in amounts and to said payees, as the Department Director requests for payment in connection with the aforesaid project from the appropriate Vital Streets Capital Fund for federally reimbursable expenses not to exceed $240,000, and from the Vital Street Capital Fund 4090-519- 9000, Major Program 23024 for local match expense “not-to-exceed” $60,000. 91961 Result: Adopted. Mover: O’Connor. Supporter: Reppart. WHEREAS, it is necessary to approve a Construction Agreement and accept two Public Utilities Easements for the construction of public sanitary sewer and water main facilities in connection with Sanitary Sewer and Water Main in Waterford Village Drive, Marlboro Street and Public Easement (NW) Foundry Lane (Pvt.), Midland Court (Pvt.), Savannah Drive (Pvt.), Waterford Place (Pvt.), Lakeway Court (Pvt.), Oxford Lane (Pvt.) and Rustic Lane (Pvt.) (The Savannah at Waterford Village - Phase 1); therefore RESOLVED: 1. That the aforesaid Construction Agreement between the City of Grand Rapids, the City of Walker and SC Waterford Village, LLC (Developer), be approved and that, upon approval as to form by the City Attorney, the Mayor and City Clerk be authorized to execute said Agreement on behalf of the City; and 2. That the City accept two Public Utilities Easements for the construction and maintenance of public utilities from the following property owner, with description of the aforesaid Easement and for the nominal considerations as noted, which were paid by the developer: Public Utilities Easement (Terminating) SC Waterford Village, LLC and $10.00 SCS Walker, LLC 760 W Main Street, Suite 140 Barrington, IL 60010 3461 Lake Michigan Drive NW, Parcel No. 41-13-20-401-008 3483 Lake Michigan Drive NW, Parcel No. 41-13-20-401-007 3485 Lake Michigan Drive NW, Parcel No. 41-13-20-401-006 Public Utilities Easement Description: WATERFORD DRIVE A PUBLIC UTILITY EASEMENT LOCATED WITHIN SECTION 20, TOWNSHIP 7 NORTH, RANGE 12 WEST, CITY OF WALKER, MICHIGAN, DESCRIBED AS:  9 CITY COMMISSION AUGUST 23, 2022 COMMENCING AT THE SOUTH 1/4 CORNER OF SECTION 20, TOWN 7 NORTH, RANGE 12 WEST, KENT COUNTY, MICHIGAN; THENCE NORTH 00 DEGREES 00' 00" EAST, 50.03 FEET ALONG THE NORTH AND SOUTH 1/4 LINE OF SAID SECTION 20; THENCE SOUTH 88 DEGREES 09' 34" EAST 820.33 FEET ALONG THE NORTHERLY RIGHT-OF-WAY OF LAKE MICHIGAN DRIVE (100' R.O.W.) TO THE POINT OF BEGINNING; THENCE NORTH 01 DEGREES 50' 26" EAST 146.48 FEET; THENCE NORTHEASTERLY 6.01 FEET ALONG A 68.00 FOOT RADIUS CURVE TO THE RIGHT, THE LONG CHORD BEARING NORTH 04 DEGREES 22' 15" EAST, 6.00 FEET; THENCE NORTH 06 DEGREES 54' 03" EAST 49.97 FEET; THENCE NORTHEASTERLY 13.50 FEET ALONG A 32.00 FOOT RADIUS CURVE TO THE LEFT, THE LONG CHORD BEARING NORTH 05 DEGREES 11' 17" WEST, 13.40 FEET; THENCE NORTHEASTERLY 131.48 FEET ALONG A 217.00 FOOT RADIUS CURVE TO THE LEFT, THE LONG CHORD BEARING NORTH 34 DEGREES 38' 04" WEST, 129.48 FEET; THENCE NORTH 57 DEGREES 54' 17" WEST 66.02 FEET; THENCE NORTH 59 DEGREES 32' 02" WEST 675.21 FEET; THENCE NORTHWESTERLY 464.01 FEET ALONG A 287.00 FOOT RADIUS CURVE TO THE RIGHT, THE LONG CHORD BEARING NORTH 13 DEGREES 13' 03" WEST, 415.10 FEET; THENCE NORTHEASTERLY 348.53 FEET ALONG A 600.00 FOOT RADIUS CURVE TO THE LEFT, THE LONG CHORD BEARING NORTH 16 DEGREES 27' 28" EAST, 343.65 FEET; THENCE NORTH 00 DEGREES 11' 00" WEST 629.98 FEET; THENCE SOUTH 85 DEGREES 24' 42" WEST 83.17 FEET; THENCE SOUTHWESTERLY 58.61 FEET ALONG A 1033.00 FOOT RADIUS CURVE TO THE RIGHT, THE LONG CHORD BEARING SOUTH 87 DEGREES 02' 13" WEST, 58.60 FEET; THENCE SOUTH 88 DEGREES 39' 44" WEST 90.57 FEET; THENCE NORTH 00 DEGREES 11' 00" WEST 66.01 FEET; THENCE NORTH 88 DEGREES 39' 44" EAST 89.24 FEET; THENCE NORTHEASTERLY 54.86 FEET ALONG A 967.00 FOOT RADIUS CURVE TO THE LEFT, THE LONG CHORD BEARING NORTH 87 DEGREES 02' 13" EAST, 54.86 FEET; THENCE NORTH 85 DEGREES 24' 42" EAST 88.25 FEET; THENCE NORTH 00 DEGREES 11' 00" WEST 112.15 FEET; THENCE NORTHEASTERLY 38.85 FEET ALONG A 2048.00 FOOT RADIUS CURVE TO THE RIGHT, THE LONG CHORD BEARING NORTH 00 DEGREES 21' 36" EAST, 38.85 FEET; THENCE SOUTH 88 DEGREES 03' 33" EAST 66.01 FEET; THENCE SOUTHWESTERLY 36.40 FEET ALONG A 1982.00 FOOT RADIUS CURVE TO THE LEFT, THE LONG CHORD BEARING SOUTH 00 DEGREES 20' 34" WEST, 36.40 FEET; THENCE SOUTH 00 DEGREES 11' 00" EAST 808.33 FEET; THENCE SOUTHWESTERLY 386.87 FEET ALONG A 666.00 FOOT RADIUS CURVE TO THE RIGHT, THE LONG CHORD BEARING SOUTH 16 DEGREES 27' 28" WEST, 381.45 FEET; THENCE SOUTHEASTERLY 357.30 FEET ALONG A 221.00 FOOT RADIUS CURVE TO THE LEFT, THE LONG CHORD BEARING SOUTH 13 DEGREES 13' 03" EAST, 319.64 FEET; THENCE SOUTH 59 DEGREES 32' 02" EAST 712.73 FEET; THENCE SOUTHEASTERLY 303.14 FEET ALONG A 283.00 FOOT RADIUS CURVE  AUGUST 23, 2022 CITY COMMISSION 10 TO THE RIGHT, THE LONG CHORD BEARING SOUTH 28 DEGREES 50' 48" EAST, 288.86 FEET; THENCE SOUTH 01 DEGREES 50' 26" WEST 144.52 FEET TO THE NORTHERN RIGHT-OF-WAY LINE OF LAKE MICHIGAN DRIVE; THENCE SOUTH 88 DEGREES 09' 34" WEST 81.00 FEET ALONG THE NORTHERLY RIGHT-OF-WAY OF LAKE MICHIGAN DRIVE TO THE POINT OF BEGINNING. EASEMENT CONTAINS:199,606 SF (4.58 ACRES). SAVANNAH DRIVE A 66 FOOT WIDE PUBLIC UTILITY EASEMENT LOCATED WITHIN SECTION 20, TOWN 7 NORTH, RANGE 12 WEST, CITY OF WALKER, MICHIGAN, DESCRIBED AS: COMMENCING AT THE SOUTH 1/4 CORNER OF SECTION 20, TOWN 7 NORTH, RANGE 12 WEST, KENT COUNTY, MICHIGAN; THENCE NORTH 00 DEGREES 00' 00" EAST, 50.03 FEET ALONG THE NORTH AND SOUTH 1/4 LINE OF SAID SECTION 20; THENCE SOUTH 88 DEGREES 09' 34" EAST 34.52 FEET ALONG THE NORTHERLY RIGHT-OF-WAY OF LAKE MICHIGAN DRIVE (100' R.O.W.); THENCE NORTH 01 DEGREES 58' 43" EAST ALONG THE EASTERN RIGHT-OF-WAY OF LINCOLN LAWNS DRIVE (66' R.O.W.) 99.64 FEET; THENCE NORTHWESTERLY 93.43 FEET ALONG A CURVE TO THE LEFT WHOSE RADIUS IS 233.00 FEET AND LONG CHORD BEARING NORTH 9 DEGREES 40' 32" WEST, 92.81 FEET ALONG THE EASTERN RIGHT-OF-WAY LINE OF LINCOLN LAWNS DRIVE TO THE POINT OF BEGINNING OF THIS EASEMENT; THENCE NORTHWESTERLY 66.28 FEET ALONG A CURVE TO THE LEFT WHOSE RADIUS IS 233.00 FEET AND LONG CHORD BEARING NORTH 29 DEGREES 08' 44" WEST, 66.06 FEET ALONG THE EASTERN RIGHT-OF-WAY LINE OF LINCOLN LAWNS DRIVE; THENCE NORTHEASTERLY 103.96 FEET ALONG A CURVE TO THE RIGHT WHOSE RADIUS IS 233.50 FEET AND LONG CHORD BEARING NORTH 75 DEGREES 36' 30" EAST, 103.10 FEET ALONG THE NORTHERN RIGHT-OF-WAY LINE OF SAVANNAH DRIVE; THENCE SOUTH 88 DEGREES 00' 26" EAST ALONG THE RIGHT-OF-WAY LINE OF SAVANNAH DRIVE (66' R.O.W.) 465.86 FEET; THENCE NORTHEASTERLY 169.42 FEET ALONG A CURVE TO THE LEFT WHOSE RADIUS IS 167.00 FEET AND LONG CHORD BEARING NORTH 66 DEGREES 55' 48" EAST, 162.25 FEET ALONG THE NORTHERN RIGHT-OF- WAY LINE OF SAVANNAH DRIVE TO THE WESTERN RIGHT-OF-WAY LINE OF WATERFORD VILLAGE DRIVE (66' R.O.W.); THENCE SOUTH 57 DEGREES 54' 17" EAST 66.02 FEET TO THE SOUTHERN RIGHT-OF-WAY LINE OF SAVANNAH DRIVE; THENCE CONTINUING ALONG SAVANNAH DRIVE SOUTHWESTERLY 238.41 FEET ALONG A CURVE TO THE RIGHT WHOSE RADIUS IS 233.00 FEET AND LONG CHORD BEARING SOUTH 62 DEGREES 40' 42" WEST, 228.15 FEET; THENCE NORTH 88 DEGREES 00' 26" WEST 463.61 FEET ALONG THE SOUTHERN RIGHT-OF-WAY LINE OF  11 CITY COMMISSION AUGUST 23, 2022 SAVANNAH DRIVE; THENCE SOUTHWESTERLY 70.35 FEET ALONG A CURVE TO THE LEFT WHOSE RADIUS IS 167.50 FEET AND LONG CHORD BEARING SOUTH 75 DEGREES 40' 28" WEST, 69.84 FEET ALONG THE SOUTHERN RIGHT-OF-WAY LINE OF SAVANNAH DRIVE TO THE POINT OF BEGINNING. EASEMENT CONTAINS 49,779 SF (1.14 ACRES). LINCOLN LAWNS A VARIABLE WIDTH PUBLIC UTILITY EASEMENT LOCATED WITHIN SECTION 20, TOWN 7 NORTH, RANGE 12 WEST, CITY OF WALKER, MICHIGAN, DESCRIBED AS: COMMENCING AT THE SOUTH 1/4 CORNER OF SECTION 20, TOWN 7 NORTH, RANGE 12 WEST, KENT COUNTY, MICHIGAN; THENCE NORTH 00 DEGREES 00' 00" EAST, 50.03 FEET ALONG THE NORTH AND SOUTH 1/4 LINE OF SAID SECTION 20 TO THE POINT OF BEGINNING OF THIS EASEMENT; THENCE SOUTH 88 DEGREES 09' 34" EAST 34.52 FEET ALONG THE NORTHERLY RIGHT-OF-WAY OF LAKE MICHIGAN DRIVE (100' R.O.W.); THENCE NORTH 01 DEGREES 58' 43" EAST ALONG THE EASTERN RIGHT-OF-WAY OF LINCOLN LAWNS DRIVE (VARIABLE WIDTH R.O.W.) 99.64 FEET; THENCE NORTHWESTERLY 159.72 FEET ALONG A CURVE TO THE LEFT WHOSE RADIUS IS 233.00 FEET AND LONG CHORD BEARING NORTH 17 DEGREES 38' 46" WEST, 156.61 FEET ALONG THE EASTERN RIGHT-OF-WAY LINE OF LINCOLN LAWNS DRIVE; THENCE SOUTHWESTERLY 66.31 FEET ALONG A CURVE TO THE LEFT WHOSE RADIUS IS 233.50 FEET AND LONG CHORD BEARING SOUTH 54 DEGREES 43' 33" WEST, 66.09 FEET TO THE WESTERN RIGHT-OF-WAY LINE OF LINCOLN LAWNS DRIVE; THENCE SOUTHEASTERLY 31.10 FEET ALONG A CURVE TO THE RIGHT WHOSE RADIUS IS 167.00 FEET AND LONG CHORD BEARING SOUTH 32 DEGREES 45' 28" EAST, 31.05 FEET ALONG THE WESTERN RIGHT-OF-WAY LINE OF LINCOLN LAWNS DRIVE; THENCE SOUTHEASTERLY 14.41 FEET ALONG A CURVE TO THE RIGHT WHOSE RADIUS IS 32.00 FEET AND LONG CHORD BEARING SOUTH 14 DEGREES 31' 25" EAST, 14.29 FEET ALONG THE WESTERN RIGHT-OF- WAY LINE OF LINCOLN LAWNS DRIVE; THENCE SOUTH 01 DEGREES 37' 26" EAST ALONG SAID RIGHT-OF-WAY LINE, 38.01 FEET; THENCE SOUTHWESTERLY 2.01 FEET ALONG A CURVE TO THE RIGHT WHOSE RADIUS IS 32.00 FEET AND LONG CHORD BEARING SOUTH 00 DEGREES 10' 38" WEST, 2.01 FEET ALONG THE WESTERN RIGHT-OF- WAY LINE OF LINCOLN LAWNS DRIVE; THENCE SOUTH 01 DEGREES 58' 43" WEST ALONG SAID RIGHT-OF-WAY LINE, 128.23 FEET TO THE NORTHERN RIGHT-OF-WAY LINE OF LAKE MICHIGAN DRIVE; THENCE SOUTH 88 DEGREES 09' 34 EAST ALONG THE NORTHERN RIGHT-OF- WAY LINE OF LAKE MICHIGAN DRIVE, 46.48 FEET TO THE POINT OF BEGINNING. EASEMENT CONTAINS 18,041 SF (0.41 ACRES).  AUGUST 23, 2022 CITY COMMISSION 12 GRAND TOTAL (TERMINATING): 267,426 SF (6.14 ACRES) Public Utilities Easement (Permanent) SC Waterford Village, LLC and $10.00 SCS Walker, LLC 760 W Main Street, Suite 140 Barrington, IL 60010 3461 Lake Michigan Drive NW, Parcel No. 41-13-20-401-008 3483 Lake Michigan Drive NW, Parcel No. 41-13-20-401-007 3485 Lake Michigan Drive NW, Parcel No. 41-13-20-401-006 Public Utilities Easement Description: DESCRIPTION 1 A 20 FOOT WIDE PUBLIC UTILITY EASEMENT LOCATED WITHIN SECTION 20, TOWN 7 NORTH, RANGE 12 WEST, CITY OF WALKER, MICHIGAN, DESCRIBED AS: COMMENCING AT THE SOUTH 1/4 CORNER OF SECTION 20, TOWN 7 NORTH, RANGE 12 WEST, KENT COUNTY, MICHIGAN; THENCE NORTH 00 DEGREES 00' 00" EAST, 50.03 FEET ALONG THE NORTH AND SOUTH 1/4 LINE OF SAID SECTION 20; THENCE SOUTH 88 DEGREES 09' 34" EAST, 34.52 FEET ALONG THE NORTHERLY RIGHT-OF-WAY OF LAKE MICHIGAN DRIVE (100' R.O.W.); THENCE NORTH 01 DEGREES 58' 43" EAST 99.64 FEET; THENCE NORTHWESTERLY 119.12 FEET ALONG A 233.00 FOOT RADIUS CURVE TO THE LEFT, THE LONG CHORD BEARING NORTH 22 DEGREES 30' 13" WEST, 193.11 FEET; THENCE NORTH 47 DEGREES 11" 55" WEST 16.83 FEET; THENCE NORTH 42 DEGREES 48' 05" EAST 170.72 FEET; THENCE NORTH 02 DEGREES 08' 15" EAST 288.28 FEET; THENCE SOUTHEASTERLY 14.92 FEET ALONG A 287.00 FOOT RADIUS CURVE TO THE LEFT ALONG THE WESTERN RIGHT-OF- WAY OF WATERFORD VILLAGE DRIVE (66' R.O.W.), THE LONG CHORD BEARING SOUTH 51 DEGREES 13' 57" EAST, 14.92 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG THE RIGHT-OF-WAY SOUTHEASTERLY 24.27 FEET ALONG A 287.00 FOOT RADIUS CURVE TO THE LEFT, THE LONG CHORD BEARING SOUTH 55 DEGREES 08' 40" EAST, 24.26 FEET; THENCE SOUTH 00 DEGREES 22' 19" WEST 53.81 FEET; THENCE NORTH 88 DEGREES 03' 09" EAST 86.53 FEET TO THE WESTERN RIGHT-OF-WAY LINE OF WATERFORD VILLAGE DRIVE; THENCE SOUTH 59 DEGREES 32' 02" EAST 74.62 FEET ALONG SAID WESTERN RIGHT-OF-WAY LINE OF WATERFORD VILLAGE DRIVE; THENCE SOUTH 88 DEGREES 03' 09" WEST 151.83 FEET; THENCE SOUTH 02 DEGREES 22' 25" WEST 311.73 FEET TO THE NORTH RIGHT- OF-WAY LINE OF SAVANNAH DRIVE (66' R.O.W.) SOUTH; THENCE NORTH 88 DEGREES 00' 26" WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF SAVANNAH DRIVE SOUTH FOR 5.47 FEET; THENCE  13 CITY COMMISSION AUGUST 23, 2022 SOUTHWESTERLY 14.61 FEET ALONG A 233.50 FOOT RADIUS CURVE TO THE LEFT, THE LONG CHORD BEARING SOUTH 86 DEGREES 34' 16" WEST, 14.60 FEET ALONG THE NORTH RIGHT-OF-WAY LINE OF SAVANNAH DRIVE SOUTH; THENCE NORTH 02 DEGREES 22' 25" EAST 332.37 FEET; THENCE NORTH 00 DEGREES 22' 19" EAST 87.79 TO THE POINT OF BEGINNING. EASEMENT CONTAINS 13,009 SF (0.30 ACRES). DESCRIPTION 2 A PUBLIC UTILITY EASEMENT LOCATED WITHIN SECTION 20, TOWN 7 NORTH, RANGE 12 WEST, CITY OF WALKER, MICHIGAN, DESCRIBED AS: COMMENCING AT THE SOUTH 1/4 CORNER OF SECTION 20, TOWN 7 NORTH, RANGE 12 WEST, KENT COUNTY, MICHIGAN; THENCE NORTH 00 DEGREES 00' 00" EAST 50.03 FEET ALONG THE NORTH AND SOUTH 1/4 LINE OF SAID SECTION 20; THENCE SOUTH 88 DEGREES 09' 34" EAST 901.33 FEET ALONG THE NORTH RIGHT-OF-WAY OF LAKE MICHIGAN DRIVE (100' R.O.W.); THENCE NORTH 01 DEGREES 50' 26" EAST 144.52 FEET ALONG THE EAST RIGHT-OF-WAY OF WATERFORD VILLAGE DRIVE (66' R.O.W.); THENCE CONTINUING ALONG SAID RIGHT- OF-WAY NORTHWESTERLY 285.50 FEET ALONG A 283.00 FOOT RADIUS CURVE TO THE LEFT, THE LONG CHORD BEARING NORTH 27 DEGREES 03' 36" WEST 273.54 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY NORTHWESTERLY 17.65 FEET ALONG A 283.00 FOOT RADIUS CURVE TO THE LEFT, THE LONG CHORD BEARING NORTH 57 DEGREES 44' 50" WEST 17.65 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY NORTH 59 DEGREES 32' 02" WEST 2.78 FEET; THENCE NORTH 20 DEGREES 16' 26" EAST 44.37 FEET; THENCE NORTH 30 DEGREES 38' 02" WEST 128.94 FEET; THENCE NORTH 38 DEGREES 04' 12" WEST 78.78 FEET; THENCE SOUTH 30 DEGREES 26' 58" WEST 16.81 FEET; THENCE NORTH 59 DEGREES 33' 02" 222.41 FEET; THENCE SOUTH 30 DEGREES 27' 58" WEST 102.23 FEET; THENCE SOUTH 88 DEGREES 03' 09" WEST 29.31 FEET TO THE EASTERLY RIGHT-OF-WAY OF WATERFORD VILLAGE DRIVE; THENCE NORTH 59 DEGREES 32' 02" WEST 74.62 FEET ALONG SAID RIGHT-OF-WAY; THENCE NORTH 88 DEGREES 03' 09" EAST 70.32 FEET; THENCE NORTH 30 DEGREES 27' 58" EAST 100.25 FEET; THENCE NORTH 59 DEGREES 48' 10" WEST 4.52 FEET; THENCE NORTH 59 DEGREES 30' 54" WEST 238.23 FEET; THENCE NORTH 59 DEGREES 31' 36" WEST 86.69 FEET TO REFERENCE POINT "A"; THENCE SOUTH 77 DEGREES 38' 49" WEST 104.87 FEET; THENCE SOUTH 30 DEGREES 13' 01" EAST 128.54 FEET; THENCE NORTHWESTERLY 316.27 FEET ALONG A 221.00 FOOT RADIUS CURVE TO THE RIGHT, THE LONG CHORD BEARING NORTH 07 DEGREES 53' 55" WEST, 289.96 FEET; THENCE NORTHEASTERLY 255.27 FEET ALONG A 666.00 FOOT RADIUS CURVE  AUGUST 23, 2022 CITY COMMISSION 14 TO THE LEFT, THE LONG CHORD BEARING NORTH 22 DEGREES 07' 07" EAST, 253.71 FEET; THENCE SOUTH 01 DEGREES 13' 19" WEST 15.02 FEET; THENCE SOUTH 86 DEGREES 59' 37" EAST 128.20 FEET; THENCE NORTH 13 DEGREES 04' 41" EAST 75.64 FEET; THENCE NORTH 01 DEGREES 37' 52" EAST 135.30 FEET; THENCE SOUTH 88 DEGREES 07' 01" EAST 18.54 FEET; THENCE NORTH 00 DEGREES 06' 26" EAST 298.33 FEET; THENCE NORTH 00 DEGREES 03' 54" EAST 11.85 FEET; THENCE SOUTH 89 DEGREES 52' 09" WEST 156.41 FEET; THENCE NORTH 00 DEGREES 11' 00" WEST 20.00 FEET; THENCE NORTH 89 DEGREES 52' 09" EAST 156.50 FEET; THENCE NORTH 00 DEGREES 10' 35" EAST 22.11 FEET; THENCE SOUTH 88 DEGREES 04' 21" EAST 92.71 FEET; THENCE NORTH 01 DEGREES 56' 11" EAST 9.04 FEET; THENCE SOUTH 88 DEGREES 03' 49" EAST 20.00 FEET; THENCE SOUTH 01 DEGREES 56' 11" WEST 9.04 FEET; THENCE SOUTH 88 DEGREES 04' 21" EAST 32.99 FEET; THENCE NORTH 01 DEGREES 55' 23" EAST 246.06 FEET; THENCE NORTH 88 DEGREES 05' 00" WEST 184.06 FEET; THENCE SOUTH 84 DEGREES 58' 00" WEST 127.80 FEET; THENCE NORTH 00 DEGREES 11' 00" WEST 36.38 FEET; THENCE NORTH 77 DEGREES 57' 14" EAST 79.35 FEET; THENCE SOUTH 88 DEGREES 04' 37" EAST 192.42 FEET; THENCE NORTH 01 DEGREES 55' 23" EAST 8.96 FEET; THENCE SOUTH 88 DEGREES 04' 37" EAST 20.00 FEET; THENCE SOUTH 01 DEGREES 55' 23" WEST 8.96 FEET; THENCE SOUTH 88 DEGREES 04' 37" EAST 247.99 FEET; THENCE NORTH 00 DEGREES 03' 06" EAST 9.67 FEET; THENCE SOUTH 89 DEGREES 56' 54" EAST 20.00 FEET; THENCE SOUTH 00 DEGREES 03' 06" WEST 10.33 FEET; THENCE SOUTH 88 DEGREES 04' 37" EAST 367.21 FEET; THENCE SOUTH 43 DEGREES 03' 57" EAST 28.28 FEET; THENCE SOUTH 88 DEGREES 04' 37" EAST 43.75 FEET; THENCE SOUTH 01 DEGREES 19' 47" WEST 199.13 FEET TO REFERENCE POINT "B"; THENCE SOUTH 30 DEGREES 35' 58" EAST 64.58 FEET; THENCE SOUTH 01 DEGREES 25' 37" WEST 329.65 FEET REFERENCE POINT "C"; THENCE SOUTH 01 DEGREES 58' 46" WEST 218.23 FEET; THENCE NORTH 87 DEGREES 38' 00" WEST 273.13 FEET; THENCE NORTH 67 DEGREES 06' 58" WEST 188.40 FEET; THENCE NORTH 79 DEGREES 20' 32" WEST 100.52 FEET TO REFERENCE POINT "D"; THENCE SOUTH 08 DEGREES 52' 58" WEST 116.31 FEET; THENCE SOUTH 05 DEGREES 08' 44" WEST 144.45 FEET; THENCE SOUTH 12 DEGREES 41' 46" WEST 154.09 FEET; THENCE SOUTH 20 DEGREES 14' 50" WEST 114.55 FEET TO REFERENCE POINT "E"; THENCE SOUTH 27 DEGREES 44' 11" WEST 129.34 FEET; THENCE SOUTH 59 DEGREES 32' 02" EAST 229.51 FEET; THENCE SOUTH 38 DEGREES 04' 12" EAST 38.38 FEET; THENCE NORTH 51 DEGREES 55' 48" EAST 15.23 FEET; THENCE SOUTH 38 DEGREES 04' 12" EAST 20.00 FEET; THENCE SOUTH 51 DEGREES 55' 48" WEST 15.23 FEET; THENCE SOUTH 38 DEGREES 04' 12" EAST 34.20 FEET; THENCE SOUTH 30 DEGREES 38' 02" EAST 139.76 FEET; THENCE SOUTH 20 DEGREES 16' 26" WEST 58.05 FEET TO THE POINT OF BEGINNING.  15 CITY COMMISSION AUGUST 23, 2022 EXCEPT BEGINNING NORTH 65 DEGREES 52' 02" WEST 40.07 FROM REFERENCE POINT "E"; THENCE SOUTH 29 DEGREES 15' 02" WEST 124.87 FEET; THENCE NORTH 59 DEGREES 30' 59" WEST 8.41 FEET; THENCE NORTH 30 DEGREES 29' 06" EAST 9.07 FEET; THENCE NORTH 59 DEGREES 30' 54" WEST 20.00 FEET; THENCE SOUTH 30 DEGREES 29' 06" WEST 9.07 FEET; THENCE NORTH 59 DEGREES 30' 59" WEST 189.58 FEET; THENCE NORTH 30 DEGREES 27' 58" EAST 9.01 FEET; THENCE NORTH 59 DEGREES 32' 02" WEST 20.00 FEET; THENCE SOUTH 30 DEGREES 27' 58" WEST 9.00 FEET; THENCE NORTH 59 DEGREES 31' 35" WEST 46.45 FEET; THENCE NORTH 28 DEGREES 40' 38" EAST 216.83 FEET; THENCE NORTH 17 DEGREES 56' 30" EAST 111.90 FEET; THENCE SOUTH 72 DEGREES 03' 30" EAST 15.00 FEET; THENCE NORTH 17 DEGREES 56' 30" EAST 20.00 FEET; THENCE NORTH 72 DEGREES 03' 30" WEST 15.00 FEET; THENCE NORTH 17 DEGREES 56' 30" EAST 16.89 FEET; THENCE NORTH 08 DEGREES 10' 18" EAST 132.58 FEET; THENCE NORTH 00 DEGREES 06' 26" EAST 110.68 FEET; THENCE SOUTH 89 DEGREES 53' 34" EAST 20.00 FEET; THENCE NORTH 00 DEGREES 06' 26" EAST 20.00 FEET; THENCE NORTH 89 DEGREES 53' 34" WEST 20.00 FEET; THENCE NORTH 00 DEGREES 06' 26" EAST 268.02 FEET; THENCE SOUTH 89 DEGREES 56' 54" EAST 20.01 FEET; THENCE NORTH 00 DEGREES 03' 06" EAST 21.98 FEET; THENCE NORTH 89 DEGREES 52' 09" EAST 29.76 FEET; THENCE NORTH 00 DEGREES 14' 37" EAST 19.59 FEET; THENCE SOUTH 88 DEGREES 04' 21" EAST 195.38 FEET; THENCE SOUTH 02 DEGREES 08' 17" WEST 68.44 FEET; THENCE SOUTH 09 DEGREES 06' 43" EAST 5.62 FEET; THENCE SOUTH 80 DEGREES 43' 01" WEST 11.54 FEET; THENCE SOUTH 09 DEGREES 16' 55" EAST 20.00 FEET; THENCE NORTH 80 DEGREES 43' 01" EAST 11.48 FEET; THENCE SOUTH 09 DEGREES 06' 43" EAST 36.70 FEET; THENCE SOUTH 02 DEGREES 08' 17" WEST 256.40 FEET; THENCE NORTH 83 DEGREES 20' 52" WEST 8.86 FEET; THENCE SOUTH 06 DEGREES 39' 08" WEST 20.00 FEET; THENCE SOUTH 83 DEGREES 20' 52" EAST 8.60 FEET; THENCE SOUTH 08 DEGREES 48' 14" WEST 123.94 FEET; THENCE SOUTH 05 DEGREES 46' 55" WEST 222.65 FEET; THENCE NORTH 69 DEGREES 46' 15" WEST 13.41 FEET; THENCE SOUTH 20 DEGREES 13' 45" WEST 20.00 FEET; THENCE SOUTH 69 DEGREES 46' 15" EAST 13.79 FEET; THENCE SOUTH 20 DEGREES 13' 45" WEST 156.33 FEET TO THE POINT OF BEGINNING OF THIS EXCEPTION. ALSO EXCEPT BEGINNING NORTH 16 DEGREES 59' 25" WEST 50.21 FEET FROM REFERENCE POINT "D"; THENCE SOUTH 88 DEGREES 54' 38" EAST 14.94 FEET; THENCE SOUTH 77 DEGREES 38' 35" EAST 95.49 FEET; THENCE SOUTH 66 DEGREES 21' 58" EAST 127.45 FEET; THENCE NORTH 23 DEGREES 38' 02" EAST 13.12 FEET; THENCE SOUTH 66 DEGREES 21' 58" EAST 20.00 FEET; THENCE SOUTH 23 DEGREES 38' 02" WEST 13.12 FEET; THENCE SOUTH 66 DEGREES 21' 58" EAST 20.35 FEET; THENCE NORTH 23 DEGREES 38' 02" EAST 5.98 FEET; THENCE  AUGUST 23, 2022 CITY COMMISSION 16 NORTH 05 DEGREES 56' 12" EAST 54.09 FEET; THENCE NORTH 01 DEGREES 58' 47" EAST 28.01 FEET; THENCE NORTH 88 DEGREES 01' 13" WEST 11.81 FEET; THENCE NORTH 01 DEGREES 58' 47" EAST 20.00 FEET; THENCE SOUTH 88 DEGREES 01' 13" EAST 11.81 FEET; THENCE NORTH 01 DEGREES 58' 47" EAST 374.54 FEET; THENCE NORTH 88 DEGREES 01' 14" WEST 41.22 FEET; THENCE SOUTH 01 DEGREES 58' 45" WEST 14.94 FEET; THENCE NORTH 88 DEGREES 01' 16" WEST 20.00 FEET; THENCE NORTH 01 DEGREES 58' 45" EAST 34.83 FEET; THENCE NORTH 87 DEGREES 58' 21" WEST 124.52 FEET; THENCE SOUTH 69 DEGREES 28' 46" WEST 104.03 FEET; THENCE SOUTH 02 DEGREES 08' 17" WEST 66.85 FEET; THENCE SOUTH 09 DEGREES 06' 43" EAST 62.32 FEET; THENCE SOUTH 02° 08' 17" WEST 255.36 FEET TO THE POINT OF BEGINNING. ALSO EXCEPT BEGINNING NORTH 84 DEGREES 18' 29" WEST 40.08 FEET FROM REFERENCE POINT "C"; THENCE NORTH 89 DEGREES 56' 54" WEST 15.00 FEET; THENCE NORTH 01 DEGREES 58' 46" EAST 20.01 FEET; THENCE SOUTH 89 DEGREES 56' 54" EAST 15.00 FEET; THENCE NORTH 01 DEGREES 58' 46" EAST 259.96 FEET; THENCE NORTH 20 DEGREES 34' 13" WEST 0.34 FEET; THENCE SOUTH 69 DEGREES 25' 38" WEST 10.00 FEET; THENCE NORTH 20 DEGREES 34' 22" WEST 20.00 FEET; THENCE NORTH 69 DEGREES 25' 38" EAST 10.00 FEET; THENCE NORTH 20 DEGREES 34' 22" WEST 16.59 FEET; THENCE NORTH 88 DEGREES 01' 14" WEST 219.89 FEET; THENCE SOUTH 01 DEGREES 58' 47" WEST 384.54 FEET; THENCE SOUTH 01 DEGREES 58' 47" WEST 38.70 FEET; THENCE SOUTH 05 DEGREES 56' 12" WEST 57.89 FEET; THENCE SOUTH 23 DEGREES 38' 02" WEST 9.09 FEET; THENCE SOUTH 66 DEGREES 21' 58" EAST 2.67 FEET; THENCE SOUTH 87 DEGREES 57' 24" EAST 206.55 FEET; THENCE NORTH 02 DEGREES 02' 36" EAST 8.68 FEET; THENCE SOUTH 87 DEGREES 57' 24" EAST 20.00 FEET; THENCE SOUTH 02 DEGREES 02' 36" WEST 8.68 FEET; THENCE SOUTH 87 DEGREES 57' 24" EAST 7.32 FEET; THENCE NORTH 46 DEGREES 58' 13" EAST 7.14 FEET; THENCE NORTH 01 DEGREES 58' 46" EAST 171.57 FEET TO THE POINT OF BEGINNING. ALSO EXCEPT BEGINNING SOUTH 56 DEGREES 07' 37" WEST 41.94 FEET FROM REFERENCE POINT "B"; THENCE NORTH 20 DEGREES 34' 22" WEST 20.95 FEET; THENCE NORTH 01 DEGREES 56' 43" EAST 151.28 FEET; THENCE NORTH 88 DEGREES 03' 17" WEST 13.92 FEET; THENCE NORTH 01 DEGREES 56' 43" EAST 20.00 FEET; THENCE SOUTH 88 DEGREES 03' 17" EAST 13.92 FEET; THENCE NORTH 01 DEGREES 56' 43" EAST 0.87 FEET; THENCE NORTH 43 DEGREES 03' 57" WEST 17.16 FEET; THENCE NORTH 88 DEGREES 04' 37" WEST 148.07 FEET; THENCE NORTH 01 DEGREES 55' 23" EAST 20.00 FEET; THENCE NORTH 88 DEGREES 04' 37" WEST 299.40 FEET; THENCE SOUTH 01 DEGREES 55' 00" WEST 20.00 FEET; THENCE NORTH 88 DEGREES 05' 00" WEST 156.61 FEET; THENCE SOUTH 01 DEGREES 55' 23" WEST 246.07 FEET;  17 CITY COMMISSION AUGUST 23, 2022 THENCE SOUTH 88 DEGREES 04' 21" EAST 115.44 FEET; THENCE NORTH 69 DEGREES 28' 46" EAST 104.85 FEET; THENCE SOUTH 87 DEGREES 58' 21" EAST 138.49 FEET; THENCE SOUTH 88 DEGREES 04' 22" EAST 266.85 FEET; THENCE NORTH 69 DEGREES 25' 39" EAST 7.02 FEET TO THE POINT OF BEGINNING. ALSO EXCEPT BEGINNING NORTH 09 DEGREES 03' 52" EAST 21.48 FEET FROM REFERENCE POINT "A"; THENCE SOUTH 59 DEGREES 31' 18" EAST 18.07 FEET; THENCE NORTH 28 DEGREES 40' 38" EAST 214.32 FEET; THENCE NORTH 17 DEGREES 56' 30" EAST 145.20 FEET; THENCE NORTH 08 DEGREES 10' 18" EAST 7.68 FEET; THENCE NORTH 86 DEGREES 59' 37" WEST 153.43 FEET; THENCE SOUTH 20 DEGREES 53' 33" WEST 149.63 FEET; THENCE SOUTH 27 DEGREES 09' 24" WEST 137.51 FEET; THENCE SOUTH 00 DEGREES 21' 40" EAST 93.66 FEET; THENCE NORTH 77 DEGREES 38' 49" EAST 108.20 FEET TO THE POINT OF BEGINNING. EASEMENT CONTAINS 226,750 SF (5.21 ACRES) GRAND TOTAL (PERMANENT): 239,759 SF (5.50 ACRES) 3. That the City Clerk is hereby authorized and directed to record the aforesaid Easements with the Kent County Register of Deeds. 91962 Result: Adopted. Mover: O’Connor. Supporter: Reppart. WHEREAS, it is necessary to accept a Sidewalk and Utility Easement and to authorize a payment in connection with Sidewalk Improvements in 44 th Street from Eastern Avenue to Trade Drive; therefore RESOLVED: 1. That a Sidewalk and Utility Easement is hereby accepted from the following property owner for the described property for the compensation amount noted: Steelcase, Inc. ($250.00) 901 44th Street SE Grand Rapids, Michigan 49508 901 44th St. SE, Parcel No. 41-18-20-300-045 A FOUR-FOOT (4') WIDE SIDEWALK EASEMENT LOCATED IN THE SOUTHWEST 1/4 OF SECTION 20, TOWNSHIP 6 NORTH, RANGE 11 WEST, CITY OF GRAND RAPIDS, KENT COUNTY, MICHIGAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH 1/4 CORNER OF SAID SECTION 20; THENCE N88°43'07"W 754.78 FEET ALONG THE SOUTH LINE OF SAID SECTION 20 AND THE CENTERLINE OF 44TH STREET (100 FEET WIDE); THENCE N01°16'53"E 50.00 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF SAID 44TH  AUGUST 23, 2022 CITY COMMISSION 18 STREET AND THE POINT OF BEGINNING; THENCE N88°43'07"W 40.00 FEET ALONG THE NORTH RIGHT OF WAY LINE OF SAID 44TH STREET; THENCE N01°16'53"E 4.00 FEET ; THENCE S88°43'07"E 40.00 FEET ALONG A LINE THAT IS 54.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID SECTION 20; THENCE S01°16'53"W 4.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.004 ACRES OR 174.25 SQUARE FEET: and 2. That the Mayor is hereby authorized to execute the aforesaid Sidewalk Utility Easement on behalf of the City, contingent on approval as to form by the City Attorney; and 3. That the City Comptroller is hereby authorized and directed to make payments, in amounts and to said payees, as the City Engineer or his designee requests in connection with the aforesaid Sidewalk and Utility Easement; and 4. That the City Clerk is hereby authorized and directed to record the aforesaid Sidewalk and Utility Easement with the Kent County Register of Deeds. 91963 Result: Adopted. Mover: O’Connor. Supporter: Reppart. WHEREAS, it is necessary to approve a Construction Agreement for the construction of public storm sewer facilities in connection with Storm Sewer in Oakleigh Avenue (Stream Daylighting at the Highlands); therefore RESOLVED: 1. That the aforesaid Construction Agreement between the City of Grand Rapids, and The Land Conservancy of West Michigan (Developer) be approved and that, upon approval as to form by the City Attorney, the Mayor and City Clerk be authorized to execute said Agreement on behalf of the City. E. COMMITTEE OF THE WHOLE 91964 Result: Adopted. Mover: O’Connor. Supporter: Reppart. RESOLVED that the request for Commissioner Milinda Ysasi to travel to the Michigan Municipal League’s Convention from October 18, 2022 through October 21, 2022 in Muskegon, Michigan be approved.  19 CITY COMMISSION AUGUST 23, 2022 91965 Result: Adopted. Mover: O’Connor. Supporter: Reppart. WHEREAS: 1. A General Election is scheduled for November 8, 2022 for the purposes of voting for candidates for various Federal, State, County and City offices, Judicial positions and Proposals. 2. Michigan Election Law stipulates that no less than 60 days before an election the City Commission may establish, abolish or move a polling location, under certain circumstances. Michigan Election Law also stipulates that upon the approval of the City Commission by resolution, the clerk may specify additional locations and hours that the clerk will be available to issue and receive absent voter ballots; and 3. Title III Section 8 of the City Charter states that at least twenty days prior to any election, the City Commission shall designate one place of voting in each precinct and shall appoint and fix the compensation of the inspectors of election. The City Commission shall have the authority to reduce the number of inspectors for any city election; therefore RESOLVED: 1. That the City Commission approves the list of polling locations as provided by the Clerk’s Office; and 2. That the City Commission approves the following additional location and times for issuing and receiving of Absentee Ballots: A. Election Central, 201 Market Avenue, Monday – Friday 12:00 pm – 5:00 pm (September 29 – November 8) B. Sunday October 30, 12:00 pm to 5:00 p.m. at City Hall, 300 Monroe C. Tuesday and Thursday until 7:00 pm (October 11 – November 4) at City Hall, 300 Monroe D. Saturday, November 5, 7 am – 3 pm at City Hall, 300 Monroe and Election Central, 201 Market; and 3. That the City Commission fixes the compensation for Election Inspectors at $225/day for Precinct Chairperson, $200/day for E-Pollbook Inspector, and $175/day for all other Election Inspectors. The compensation for attending a training class is $25.  AUGUST 23, 2022 CITY COMMISSION 20 ORDINANCES 91966 Result: Adopted. Mover: O’Connor. Supporter: Moody. Yeas: Bliss, Lenear, O’Connor, Jones, Ysasi, Reppart, Moody ORDINANCE AMENDING VARIOUS SECTIONS OF CHAPTER 61, TITLE V OF THE CODE OF THE CITY OF GRAND RAPIDS ENTITLED “ZONING ORDINANCE” ORDINANCE NO. 2022 - 30 THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN: Section 1. That Title V, Chapter 61, Section 5.2.05.b.6. of the Code of the City of Grand Rapids be amended to read as follows: Sec. 5.2.05. Lot and Yard Requirements. “6. Administrative Departures. a. New Lots. This Departure applies to lots that contain a Single- Family or Two-Family use in an existing principal structure. A reduction to the required lot area and/or lot width may be granted for all newly created lots, provided the application meets the requirements of Section 5.2.05.B.6.c. b. Existing vacant lots. This Departure applies to existing lots that do not contain a principal structure. A reduction to the required lot area and/or lot width may be granted to allow for (a) the creation of new lots to be used for Single- or Two-Family use, or (b) the use of an existing vacant lot for Single- or Two- Family use, provided the application meets the requirements of Section 5.2.05.B.6.c. c. All Administrative Departures will be reviewed by the standards outlined in Section 5.12.16. in addition to the following standards and requirements below: i. The Administrative Departure may not result in the demolition of any principal household building or structure; and ii. The lot shall be no less than the minimum lot area and lot width required in Table 5.5.06.A. for a detached Single- Family interior lot, unless accessible from a usable alley, in which case the lot area and lot width may be less than the minimum, but no less than as originally platted; and  21 CITY COMMISSION AUGUST 23, 2022 iii. Tandem parking may be permitted for detached Single- Family and Two-Family uses on lots thirty-six (36) feet or less; and iv. A property survey shall be provided to ensure that all site layout and building placement standards can be met. If applicable, the survey shall also show the lot lines of the original plat. d. An Administrative Departure of not more than three (3) percent of the required lot area of the Zone District may be granted where unusual lot configurations, topography or natural features exist, or where the Departure would be in keeping with the character of the neighborhood.” Section 2. That Title V, Chapter 61, Section 5.2.05.D. be amended to read as follows: Sec. 5.2.05. Lot and Yard Requirements. ”D. Lot Widths. 1. Established Areas. See Section 5.5.06.B. for site placement and building layout requirements for lots in established areas. 2. Lot widths are measured at the front setback line or RBL, as applicable, and the minimum lot width shall be maintained throughout the depth of the lot. Lot width for a corner lot is measured at the horizontal distance between the shorter of the two (2) dimensions of the front lot line. 3. There shall be no less than thirty-six (36) feet between the two (2) side lot lines measured at the required front setback line or required building line of the district in which it is located and the requirements of Sections 5.2.05.B.6 and 5.12.16. are satisfied upon approval by the Director. 4. Minimum Lot Widths for Irregular Lots. a. There shall be not less than thirty-six (36) feet between the two (2) side lot lines measured at the public or private rights-of- way, except as permitted in Tables 5.5.06.A. and 5.6.07.A. of this Chapter and the requirements of Sections 5.2.05.B.6. and 5.12.16. are satisfied upon approval by the Director. b. For cul-de-sac lots or other irregular lots, if the minimum lot width at the front setback line or RBL cannot be met, the minimum setback line or RBL shall be moved farther into the lot to the point at which the minimum lot width is met.” Section 3. That the following rows in the Commercial, Office, Retail use category of Table 5.6.06.B. of Title V, Chapter 61, Section 5.6.06. of the Code of the City of Grand Rapids be amended as follows:  AUGUST 23, 2022 CITY COMMISSION 22 Sec. 5.6.06. Uses of Land. Entertainment, Hospitality “Alcohol sales for on-site See Section 5.9.05. X” 5.9.05. and Recreation consumption (LCC permit) Alcohol Sales “Bar, tavern, taproom, See Section 5.9.05. X” 5.9.05. tasting room Alcohol Sales Alcohol sales for off-site “24,999 sq. ft. GFA or less See Section 5.9.05. X” consumption (including Alcohol Sales 5.9.05. package good store - LCC Permit) Section 4. That Title V, Chapter 61, Section 5.12.08.F.6.c. of the Code of the City of Grand Rapids be amended to read as follows: Sec. 5.12.08. Site Plan Review. 6. Duration of Approval. c. “Extension. Upon written request prior to expiration of the approval, two (2) extensions of up to six (6) months may be granted for a Final Site Plan Review approval if the Planning Commission finds that the extension is warranted due to circumstances beyond the control of the applicant. “ Section 4. That Title V, Chapter 61, Section 5.12.14.I.2. and 3. of the Code of the City of Grand Rapids be amended to read as follows: Sec. 5.12.14. Optional Plan Review (OPR) Procedures. I. Duration of Approval. 1. An Optional Plan Review approval shall be valid for a period of one (1) year, provided the project has demonstrated substantial progress in that period. 2. “Upon written request prior to the expiration of the approval, two (2) extensions of up to six (6) months may be granted if the Planning Commission finds that the extension is warranted due to circumstances beyond the control of the applicant. 3. If no action is taken to use the property as approved or demonstrated substantial progress has not been made after the one (1) year approval period, or as extended per this subsection, the Optional Plan Review approval shall expire when applicable LUDS and/or building permits expire.”  23 CITY COMMISSION AUGUST 23, 2022 91967 Result: Adopted. Mover: O’Connor. Supporter: Reppart. Yeas: Bliss, Lenear, O’Connor, Jones, Ysasi, Reppart, Moody ORDINANCE NO. 2022 - 31 THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN: Section 1. That the following constitutes amended additions to the designated line items of Section 1 of Ordinance 2022-13, the Budget of the City of Grand Rapids for Fiscal Year 2023, as amended. General Operating Fund Previously Approved Resources 164,288,324.00 Other - From (To) Fund Balance 4,843,593.40 Total Amended Resources 169,131,917.40 Previously Approved Appropriations 164,288,324.00 General Administration 2,351,434.00 Oversight & Public Accountability 294,982.78 Income Tax 162,000.00 Fiscal Services 170,000.00 Executive Office 32,880.23 Economic Development 1,728,727.39 Admin Services Support 74,664.00 Dispatch 28,905.00 Total Amended Appropriations 169,131,917.40 61st District Court Fund Previously Approved Resources 12,493,130.00 Other - From (To) Fund Balance 57,826.14 Total Amended Resources 12,550,956.14 Previously Approved Appropriations 12,493,130.00 Requested Changes 57,826.14 Total Amended Appropriations 12,550,956.14 Information Technology – Capital Fund Previously Approved Resources 785,373.00 Other - From (To) Retained Earnings 203,544.82 Total Amended Resources 988,917.82 Previously Approved Appropriations 785,373.00 Requested Changes 203,544.82  AUGUST 23, 2022 CITY COMMISSION 24 Total Amended Appropriations 988,917.82 Facilities Management-Capital Fund Previously Approved Resources 1,665,639.00 Other - From (To) Retained Earnings 1,224,817.52 Total Amended Resources 2,890,456.52 Previously Approved Appropriations 1,665,639.00 Requested Changes 1,224,817.52 Total Amended Appropriations 2,890,456.52 Motor Equipment-Capital Fund Previously Approved Resources 5,077,807.00 Other - From (To) Retained Earnings 5,846,631.90 Total Amended Resources 10,924,438.90 Previously Approved Appropriations 5,077,807.00 Requested Changes 5,846,631.90 Total Amended Appropriations 10,924,438.90 Motor Equipment-Operating Fund Previously Approved Resources 8,103,037.00 Other - From (To) Retained Earnings 49,974.93 Total Amended Resources 8,153,011.93 Previously Approved Appropriations 8,103,037.00 Requested Changes 49,974.93 Total Amended Appropriations 8,153,011.93 Public Library Grants/Projects Fund Previously Approved Resources 1,355,000.00 Other - From (To) Fund Balance 475,000.00 Total Amended Resources 1,830,000.00 Previously Approved Appropriations 1,355,000.00 Requested Changes 475,000.00 Total Amended Appropriations 1,830,000.00 Water Operations Fund Previously Approved Resources 53,174,614.00 Other - From (To) Retained Earnings 400,000.00 Total Amended Resources 53,574,614.00 Previously Approved Appropriations 53,174,614.00  25 CITY COMMISSION AUGUST 23, 2022 Requested Changes 400,000.00 Total Amended Appropriations 53,574,614.00 Parks Millage Fund Previously Approved Resources 5,865,188.00 Other - From (To) Fund Balance 2,165,721.43 Total Amended Resources 8,030,909.43 Previously Approved Appropriations 5,865,188.00 Requested Changes 2,165,721.43 Total Amended Appropriations 8,030,909.43 Cemetery Operating Fund Previously Approved Resources 1,633,059.00 Other - From (To) Retained Earnings 1,060,000.00 Total Amended Resources 2,693,059.00 Previously Approved Appropriations 1,633,059.00 Requested Changes 1,060,000.00 Total Amended Appropriations 2,693,059.00 Lead Hazard Control Fund Previously Approved Resources 3,457,253.27 Other 700,000.00 From (To) Fund Balance - Total Amended Resources 4,157,253.27 Previously Approved Appropriations 3,457,253.27 Requested Changes 700,000.00 Total Amended Appropriations 4,157,253.27 Michigan Indigent Defense Commission Fund Previously Approved Resources 871,548.85 Other 1,955,786.56 From (To) Fund Balance - Total Amended Resources 2,827,335.41 Previously Approved Appropriations 871,548.85 Requested Changes 1,955,786.56 Total Amended Appropriations 2,827,335.41 Other Grants Fund Previously Approved Resources 2,674,051.89 Other 2,100,000.00 From (To) Fund Balance - Total Amended Resources 4,774,051.89  AUGUST 23, 2022 CITY COMMISSION 26 Previously Approved Appropriations 2,674,051.89 Requested Changes 2,100,000.00 Total Amended Appropriations 4,774,051.89 Parking Capital Projects Fund Previously Approved Resources 15,797,054.42 Other 793,360.00 From (To) Retained Earnings - Total Amended Resources 16,590,414.42 Previously Approved Appropriations 15,797,054.42 Requested Changes 793,360.00 Total Amended Appropriations 16,590,414.42 Vital Streets Capital – Non-Bond Fund Previously Approved Resources 21,291,704.26 Other 240,000.00 From (To) Fund Balance - Total Amended Resources 21,531,704.26 Previously Approved Appropriations 21,291,704.26 Requested Changes 240,000.00 Total Amended Appropriations 21,531,704.26 Result: Adopted. Mover: O’Connor. Supporter: Moody. Yeas: Bliss, Lenear, O’Connor, Jones, Ysasi, Reppart, Moody Motion for the ordinance to take immediate effect PUBLIC HEARINGS 91968 Result: Referred to Community Development. Public Hearing to consider Improvements to Crescent Street Alley from Grand Avenue to Eastern Avenue consisting of grading, concrete paving 10 ft. wide, gravel shoulders, stormwater basins, tree removal and appurtenant work (Special Assessment District No. 8774). ADJOURNMENT Commission adjourned at 8:18 PM JOEL H. HONDORP City Clerk